Client Terms of Service

2.1 Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract between you and me is made. I shall give you this information in a clear and understandable way either in the main body of this contract together with the services description at the end or in any services description agreed between us in the future (“services description”).

I shall give you information on:

-The main characteristics of the services you are buying

-Who I am, where I am based and how you can contact me

-The price of the services

-The arrangements for payment, carrying out the services and the time by which I shall carry out the services

-How to exercise your right to cancel the contract in the cooling off period if you are a consumer

-My complaint handling policy

3.1 The contract between us will commence on the date that you agree to my terms and conditions and will continue throughout our work together unless our work comes to an end and in accordance with clause 12.

3.2 Each services description is a separate contract incorporating the terms of this agreement.

3.3 Any quotation given by me before I confirm my services in a written services agreement is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 14 days.

3.4 I shall only enter into a legally binding contract to provide services when a written services description has been agreed by us.

4.1 If you are a consumer you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.

4.2 I shall carry out the services within any time period that is set out in the relevant services description. All sessions (including rearranged sessions) must be taken within 3 months of purchase or they will expire.

4.3 If you provide me with less than 48 hours’ notice, fail to attend a session or have already rearranged multiple previous sessions, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.

4.4 Sessions usually take place remotely via Zoom or in person, which will be agreed with you in advance.

4.5 My services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed.

Examples of events which might be beyond my reasonable control include illness, pandemics, epidemics, IT issues and problems with internet connectivity, any law or action taken by a government or public authority or if you change the services you require from me and I have to do extra preparation.

4.6 Where a session or event is due to take place in person, I reserve the right to move that session or event online where circumstances make it necessary or preferable to do so.

5.1 You will pay the price for the services in accordance with the relevant services description.

5.2 In the case of purchasing my services for your child, you must have parental responsibility for the child you are seeking my services for and by confirming you agree with this agreement you confirm that this is the case.

5.3 You will provide me with the information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide my services to you/your child. You also agree to inform me before starting sessions if you have ever been considered a risk of harm to yourself or others, or have been involved in any investigations or court proceedings around this.

5.4 Communication between sessions will be via email, text, phone call or WhatsApp unless agreed otherwise. You can email me at any time at waitewellbeing@gmail.com and my auto-reply will inform you of time frames to gain a response. Contact between sessions is best kept to bookings, brief updates, information sharing, queries or clarifications. More detailed concerns or queries should, wherever possible, be discussed over the phone or in sessions and may need to be offered at an additional cost to cover clinical time spent tending to these.

5.5 Where contact via Whatsapp has been informally agreed as part of my service provision, you agree that by you/your child accepting my invite to liaise with you/them in this way that you give consent for me to communicate with you/your child via WhatsApp. I will use all reasonable endeavours to respond to messages within 24 hours, and less wherever possible.

5.6 The sessions I provide are not counselling and I am not a Family Therapist, though as an Occupational Therapist trained in Eye Movement Desensitization and Reprocessing (EMDR) I may draw upon a range of therapy processes and approaches, including coaching, to serve you/your child as effectively as possible to support them to achieve optimum mental health and well-being. Sessions I offer may involve all areas of life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you/your child follow through on any agreed action is exclusively you/their responsibility. For this reason, although I fully expect great results to come from the services I provide to you/your child, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on the recipient’s commitment and the effort they put into sessions and the actions agreed.

5.7 As an Occupational Therapist and Wellbeing Coach I use a range of therapeutic skills and modalities to help my clients achieve optimum mental wellbeing. This includes support, guidance and accountability to help my clients make positive changes and achieve their preferred goals. The information I provide to my clients is not medical advice and is not intended to take the place of seeing support from licensed medical professionals.

5.8 I do not treat mental disorders and my services are not a substitute for specialist mental health care or medical treatment of any kind. By entering into this agreement, you confirm that you will not use it in place of any form of the above.

5.9 If you/your child is currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with me and that this person is aware of and supports your decision to proceed with my services described in the relevant services description.

5.10 You will keep me informed of any changes to you/your child’s medical health or personal circumstances.

6.1 All prices quoted are £85 per 60 minute session or £42.50 per 30 minute session.

6.2 The price for the services is set out in the relevant services description.

6.3 I require full payment 48 hours in advance in order to provide sessions.

6.4 The fees are non-refundable except for:

6.5 If you are a consumer, your right to a ‘cooling off’ period, as described in clause 7 below.

In all other circumstances I am not able to refund to you any of the payments you have made and you remain liable for the whole price of the session you have paid for even where you do not complete your sessions with me.

This is because I work with a limited number of clients to ensure the quality of sessions is not compromised. Also because of the amount of time I dedicate and set aside for preparing for and attending our sessions together to make them most effective for you/your child.

6.6 In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.

6.7 My refund policy is as follows:

6.7.1 If you are a consumer, you have the right to a refund during the ‘cooling off’ period, as described below.

6.7.2 Where you wish to cancel this contract and you give me 48 hours notice in writing, I shall give you a full refund for sessions which you have paid for in advance and have not yet received.

Session payment is to be made via transfer to the following bank account:

Bank name: First Direct

Account type: Personal

Account Name: Mrs L Waite

Sort code: 40-47-65

Account details: 62857197

7.1 If you are a consumer, subject to 7.3 you have the right to cancel this contract within 14 days of signing up without giving any reason.

7.2 The cancellation period will expire 14 days after the date of the contract.

7.3 However, if you confirm to me that you wish me to start to provide the services within the 14 day cooling off period, then at this point my refund policy set out in clause 6.4 will apply. You confirm you wish me to start to provide the services within the 14 day cooling off period by booking a session with me for which the allocated date and time will then, also as a service, be reserved for you/your child to the exclusion of all others.

7.4 If you cancel this contract in accordance with the cooling off period in clause 7.1, I shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.

8.1 If I provide you with any materials, whether digital or printed any intellectual property in those materials belongs to me and unless I agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.

I shall use the personal information you give to me to:

9.1 Provide my services

9.2 Process your payment for these services

9.3 Inform you about any similar products and services that I provide (though you may stop receiving this information at any time by contacting me via email to request this)

9.4 For full details of how I deal with your personal data, see my privacy policy on my website at www.cumbriawellbeinghub.co.uk

9.5 I shall not give your personal information to any third party unless you agree to it

9.6 I also reserve the right to use any feedback you/your child give me for promotional purposes but this will always be completely anonymised, unless you advise me otherwise

10.1 All information shared by you/your child with me will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so in good faith because of concerns of risk to yourself or others, or to assist the prevention or detection of a crime. Such circumstances may include for example risk of suicide, child abuse or neglect. In the case of purchasing my services for you child, I request that you explain this to them and by agreeing to agreement this you confirm that you will prior to my services starting.

10.2 The obligations in clauses 10.1 will not apply to information which:

10.2.1 Has ceased to be confidential through no fault of either party

10.2.2 Was already in the possession of the recipient before being disclosed by the other party or

10.2.3 Has been lawfully received from a third party who did not acquire it in confidence

Our confidentiality obligations under this clause will continue after termination of this agreement.

11.1 In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.

11.2 I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.

11.3 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

12.1 If a services description specifies a length of time for services to be provided then subject to clause 12.3 below, the services will terminate at the end of that time-frame.

12.2 If I provide services to you on an ongoing basis and the relevant services description does not specify a time frame then either you or I may terminate the services and will communicate this in person or via email or phone contact.

12.3 Either you or I may terminate the services and this agreement immediately if:

12.3.1 The other party commits any material breach of the terms of this agreement or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the services and this agreement will be terminated if the breach is not resolved or

12.3.2 The other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.

12.3.3 If you do not access my paid services within a 30 day period I reserve the right to remove you/your child from my caseload. Should, after this time frame, you wish to access further support from me in the future you may need to join my waiting list as I can not guarantee I will have immediate capacity to work with you.

12.4 If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.

13.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:

13.1.1 Losses that:

(a) Were not foreseeable to you and me when the contract was formed which means any losses that might have been sustained by you that would not ordinarily be sustained by a client

(b) Were not caused by any breach of these terms on my part; and business losses, including loss of business, business interruption, loss of profits, loss of management time and loss of business opportunity

13.2 My total liability to you is limited to the amount of fees paid by you for the services and you confirm your understanding that the price of my services is calculated bearing in mind this limit on my liability. If you would like me to assume a greater degree of potential liability, please contact me for a revised price for my services.

14.1 I shall try to resolve any disputes with you quickly and efficiently.

14.2 If we cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales have exclusive jurisdiction in relation to this contract.

14.3 The laws of England and Wales will apply to this contract.

14.4 In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Services Description

1:1 sessions of support to promote optimum mental well-being which may include occupational therapy, eye movement desensitization and reprocessing (EMDR) and coaching.

Description: 1:1 sessions

Fees: £85 per individual, 1 hour session or £42.50 per 30 minute session

Please note: First assessment appointments and EMDR sessions are always 1 hour in duration. Where purchasing sessions for your child updates can be provided to one designated parent or carer during session time if requested at the time of this agreement and where children are consenting to this.

Further updates, support, reports or additional parent or carer involvement can also be considered and if I am able to accomodate this will be charged at an additional cost, in line with these time fees and would need to be agreed formally in writing prior to service delivery.

16.1 No one other than a party to this contract has any right to enforce any term of this contract.