THERAPY AND HEALING SERVICES TERMS
Cathy Simmons, trading as Cathy Simmons Consulting of 124 City Road, London, EC1V 2NX, United Kingdom (“we” or “us”)
Agreement
1. Please ensure that you read this agreement carefully as not only does it form the legal relationship between us, it also provides useful information about the practical side of your therapy and healing sessions. When you book our first session, this document will constitute a legally binding agreement between us.
Sessions and cancellations
2. Our therapy and healing sessions (“Sessions”) are scheduled for the duration and the frequency that we have pre-agreed. The Sessions will take place at the times and on the dates that we have pre-agreed. All sessions will take place online unless you are notified otherwise.
2.1 Where Sessions are held in third party venues, you must comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). You may be required to leave the venue if you do not comply with such policies and rules (and we shall not be obliged to refund you any amounts paid in relation to such Session).
2.2 You are responsible for your own belongings that you take to a Session and neither I nor any third party venue can be held liable for any loss, damage, theft or destruction of any of your belongings.
2.3 If you cause any loss or liability to a third party (eg by not complying with their policies), you must reimburse us in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third party venue.
3. It is very important that you turn up for the Sessions on time. Unfortunately, if you arrive late for your Session, we will not be able to continue past the scheduled end time due to the scheduling of other clients (and we will not be obliged to provide any refund to you).
4. We may ask you to complete a questionnaire before we meet for the first time and at other times during our sessions. It is very important that you answer these questions honestly and completely as these answers will be the foundation for our sessions.
5. If you need to cancel a Session, you may do so without charge if you provide at least 24 hours’ notice to us. You must give us this notice by emailing cathy@cathysimmons.co.uk or by calling +44 (0)207 419 7915 and leaving a message with the person who answers. If you provide less than 24 hours’ notice of cancellation or miss a Session, you will be charged the full payment for that Session.
6. You may be asked to do some simple tasks between our Sessions in order to gain the most from them. By coming to our Sessions, you are committing to make the time to do this outside of our Sessions.
7. Intentionally blank
Fees and payments
8. We may offer you a free initial session. Following the initial free session we will charge you the pre-agreed amount, including VAT where applicable, for the agreed number of sessions. This is payable in advance of the first session, unless agreed in writing beforehand, and if payment has not been received in cleared funds prior to the session, we will not proceed with the session.
9. All the agreed number of sessions must be taken within 3 calendar months of the original booking date, or the remaining sessions will be forfeit.
Confidentiality
10. We may discuss matters that are sensitive in nature during our sessions. Subject to clause 10 below, we will keep all of such information confidential.
11. We may disclose certain of your information in the following circumstances:
a) Where you consent to us sharing your information.
b) Where we are compelled to disclose your information by court or by regulations or laws.
c) Where we consider you or somebody else to be at risk or to prevent illegal acts or harm to you or to others.
12. As is good practice in therapy, I am part of supervision groups. You agree that I may disclose any issues which arise out of the Sessions with my supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.
13. We keep notes of our sessions in order to refer back to you in instances when this may be useful. These notes are stored in password protected documents or locked in filing cabinets.
14. I am bound by the Code of Ethics of the National Council for Hypnotherapy, a copy of which may be viewed at https://www.hypnotherapists.org.uk/about-nch/code-of-ethics/ and the Code of Conduct, Ethics and Performance of the Complementary & Natural Healthcare Council, a copy of which may be viewed at https://www.cnhc.org.uk/sites/default/files/CodeofConductEthicsandPerformance.pdf
Liability – READ THIS SECTION CAREFULLY
15. Nothing in this agreement shall limit liability for death or personal injury caused by negligence or by fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
16. The Sessions shall be provided with due care, skill and ability. Other than this, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of therapy, no guarantees of any particular results can be made.
17. There shall be no liability for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement.
18. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the sessions in the 12 months preceding any claim.
19. If we are prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
20. The provisions of this liability section shall survive termination of this agreement.
Data Protection and Intellectual Property
21. We use and process your personal data in accordance with our Privacy Notice that you can view at https://cathysimmons.co.uk/privacy-policy
22.We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that we use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that we use in the Sessions. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
23.You may not without my prior written consent make any audio and/or visual recordings of all or any part of our Sessions. We may make audio and/or visual recordings of our Sessions with your permission.
Termination
24. We may terminate this agreement at any time on immediate notice to you. If we do so, we will provide a pro rata refund for any Sessions that have not been used at the time of termination.
General
25. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).