- THESE TERMS
1.1 These are the terms and conditions on which we deliver our wellness programmes to you.
1.2 Please read these terms carefully before you submit you engage with us. These terms tell you who we are, how we will deliver our wellness classes to you, how you and we may change the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Jane Long Wellbeing, operating as a sole practitioner in England and Wales.
2.2 You can contact us by writing to us at firstname.lastname@example.org
2.3 You are the person who has booked our wellness programme and you agree to comply with and be party to this contract.
2.4 If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us at the time of booking.
- OUR CONTRACT WITH YOU
3.1 Our contract with you consists of theses terms and conditions the client intake form on our website.
3.2 Our contract commences on the date of your booking with us and shall apply to all wellness programmes we provide to you, regardless of whether you have provided written confirmation of your acceptance of these terms.
3.3 Our Wellness programme may be delivered in a number of sessions and these terms and conditions apply to all sessions. Any references to sessions in these terms and conditions refer to the sessions of the wellness programme you have booked.
3.4 By undertaking one or more of our wellness programmes does not oblige us to provide you any additional wellness programmes or additional sessions.
- YOUR RIGHTS TO AMEND THE CONTRACT BETWEEN US
4.1 Subject to clause 8 If you wish to make a changes to the wellness programme you require please contact us. We will try and accommodate all reasonable requests and we will advise you of any changes this may require to the timing, dates or price of the wellness programme.
- OUR RIGHTS TO AMEND THE CONTRACT BETWEEN US
5.1 It may be necessary for us to make changes to these terms and conditions or the wellness programme we provide to;
- to reflect changes in relevant laws and regulatory requirements or to co-operate with all reasonable directions from a regulatory authority
- to reflect amendments in health and safety requirements
- to amend or enhance the wellness programmes we provide
- OUR WELLNESS PROGRAMME
6.1 The wellness programmes we provide are set out on our website at www.janelongwellbeing.com and in additional we may send further guidance or details on our wellness programme prior to your session commencing.
6.2 Our wellness programmes are delivered using all reasonable skill and care and in accordance with industry standard best practice.
6.3 Our wellness programme will be delivered remotely through zoom or similar software, for the avoidance of doubt services delivered remotely are at your home or a location of your choice where we are not physically present in the same room.
6.4 You are responsible for ensuring that you have zoom (or any other similar software we advise) installed and working correctly prior to each session. We shall not be responsible or have liability to provide a refund for any delay or failure to attend a session due to your failure to comply with this clause.
6.5 The specific sessions for the wellness programmes you have booked will be agreed and confirmed in writing by us.
- a) If your wellness programme consists of a number of sessions, or it is a group wellness programme attended by other participants then the dates and times of these sessions cannot be amended or cancelled by you, and we unfortunately cannot offer a refund or replacement sessions for any sessions you have missed.
- b) Any individual coaching sessions may be amended by contacting us at least 48 hours prior to the session and we shall arrange for the individual session to be rescheduled, such reschedule must take place within 1 month of the original session.
6.6 You are responsible for ensuring that you comply with all reasonable guidance provided by us during the sessions. You understand and confirm that your failure to comply with all or any of the obligations may reduce the outcome of the wellness programme.
6.7 In order for us to provide you our wellness programme you shall ensure that;
- all information you provide to us is full and accurate and shall continue to be updated if necessary throughout the wellness programme.
- you shall not stop taking any existing medications or cease following any medical advice as a result of our wellness programme without first obtaining professional medical advice.
- You acknowledge that we cannot nor do we claim to diagnose, cure or treat any medical conditional
- You acknowledge that our wellness programmes are not a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health You also acknowledge that neither us or the wellness programme are acting as a mental health counsellor or a medical professional
- You acknowledge that our wellness programmes are not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and the wellness programme is not a substitute for existing of future therapy
- You acknowledge that we do not guarantee any outcome or specified result from our wellness All comments and ideas offered by us are solely for the purpose of aiding you in achieving the defined goals.
- You shall advise us of any positive or negative reactions to our wellness programme so we can modify any further sessions.
- You are responsible for ensuring that all wellness programme undertaken remotely, are undertaken in a safe and suitable environment.
- You are responsible for your well-being during the wellness programme and each session. You acknowledge that we cannot stop a group session and deal with any difficulties any individual participant is experiencing during a session, in such events additional single session will be offered to you.
- You remain fully responsible for all choices and decisions made during and after the wellness programme
- You acknowledge that to the extent the wellness programme directly or indirectly involves any aspect of your career or business, we cannot guarantee any level of outcomes included but not limited to increased clientele, profitability and or business success.
- COURSE FEES AND PAYMENT TERMS
7.1 The fees for our wellness programme are set out on our website or shall be notified to you at the time of booking
7.2 The fee for the wellness programme shall be paid for at the time of booking. Any additional sessions are require to be paid for at the time of booking the additional sessions. .
7.3 If you are booking on behalf of a company and you require us to invoice you such invoices shall be paid within 14 days and in any event prior to the wellness programme commencing.
7.4 Failure to make the payment for the fee may result in your wellness service or session having to be postponed or cancelled.
7.5 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time.
- CANCELLATION PROVISIONS
8.1 We may cancel a wellness programme, session or sessions for the following reasons;
- Events outside our reasonable control
- you have provided us information where in our sole opinion we feel the wellness programme proposed is no longer suitable for you.
- we do not believe that you are in a safe or suitable location to undertake a remote session.
- You fail to comply with any other reasonable instruction
- You demonstrate behaviour which is our sole opinion we deem inappropriate
- You have failed to make a payment in accordance with clause 7
8.2 In the event we have to cancel a wellness programme, session or sessions then where appropriate we shall reschedule the session as soon as possible at a date and time suitable to all participants.
8.3 If you wish to cancel your wellness programme prior to it commencing then where possible we will reschedule your entire wellness programme. For the avoidance of doubt this is not possible if the wellness programme has commenced. It is not possible to rearrange any individual sessions of a wellness programme.
8.4 We are unable to provide any refunds if you choose to cancel your wellness programme or any sessions.
- IF THERE IS A PROBLEM WITH THE WELLNESS PROGRAMME
9.1 We pride ourselves on providing a professional service If you have any questions or in the unlikely event you have a complaint about the treatment, please contact us at email@example.com and we will aim to find an amicable solution within 10 working days.
- OUR LIABILITY TO YOU
10.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence. Such liability whether in contract or tort shall be limited to the value of the fees paid for the wellness services.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence.
- DATA PROTECTION
12 INTELLECTUAL PROPERTY RIGHTS
12.1 All Intellectual Property Rights (IPR) including copyright in the wellness programme, and any associated documents or materials in whatever paper or electronic format shall at all times remain the property of Jane Long at Jane Long Wellbeing
12.2 Nothing in this contract shall permit you to copy, amend or use in any way whatsoever our IPR, this includes but is not limited to recording any of the sessions without our the prior written approval.
12.3 All materials and documents relating to our wellness programme shall be for your personal use only and shall not be copied, sold or be permitted to be used by any third party.
13.1 Both parties undertake to keep confidential any confidential information, which shall be deemed as any information exchanged between us during a session or any information regarding the wellness programme or specific information about either party obtained under or in connection with this contract.
13.2 Any disclosure of any confidential information, is not permitted unless the disclosing party has obtained prior written approval.
13.3 Each party shall notify the other party immediately of any disclosure or suspected disclosure of any confidential information and both parties shall provide all necessary assistance to the other to terminate any disclosure or misuse of any Confidential Information.
13.4 Please be advise that if any information you share during a wellness course which we believe may endanger or is endangering a child or other vulnerable person including yourself then we will take the appropriate action which may involve disclosing confidential information.
- OTHER IMPORTANT TERMS
14.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms
14.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to delivery the treatments we can still require you to make the payment at a later date.
14.4 This Agreement constitutes the entire agreement between the parties and replaces all other terms and conditions, undertaking and agreements howsoever agreed. Save to the extent expressly provided, all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law
14.5 In the unlikely event of a dispute then both parties agree to attempt to resolve the matter in accordance with clause 9.1 , if this process fails to find an amicable solution the both parties agree to submit the dispute to an independent mediation provider prior to engaging formal court proceeding .
14.6 This Contract shall be governed by English law and both parties consents to the exclusive jurisdiction of the English courts in all matters regarding it.