THERAPIST AGREEMENT[1]

Between:

  1. The Marchmont Clinic Ltd trading as “Marchmont Physiotherapy Clinic” at Pentland Outdoor Centre, Lv2, 44 Biggar Rd, Fairmilehead, Edinburgh, EH10 7BJ (“we/us”).
  2. Full name ………………………………………………………….. of …………………………………………………………………… ……………………………………………………………………………………….( “you”)

 

Agreed terms

      1. Term of engagement
        1. You are engaging us as your therapist(s) to provide therapy services (“Services”) on the terms of this agreement.
        2. This contract between us will commence on the date you sign this agreement and subject to clause 1.3 below will continue unless and until terminated by either of us giving 2 weeks’ notice to the other in writing to marchmontphysio@gmail.com or the relevant address set out above.
        3. Although the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, “Regulations”) may apply to the provision of Services provided under the Contract, you agree that we may commence the performance of the Contract before the end of the 14 day cancellation period referred to in the Regulations. If you instruct us to commence performance of the Contract and we have already started work on your order by the time you cancel the order, you agree to pay us any costs we have reasonably incurred in starting to perform the Services. If we have provided the Services in full before the expiry of the cancellation period, then you lose the right to cancel. If you cancel this agreement and we have not commenced performance of the Contract and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you. Subject to the above, you may cancel this agreement at any time within the cancellation period by using the Form of Cancellation set out in the Appendix to this Agreement.
      2. Sessions and cancellation
          1. Each appointment at which the Services are provided (“Session”) will last between 15- 90 minutes and will either take place over the telephone or at our office address unless we agree to an alternative venue.
          2. Where Sessions are held at venues, you agree to comply at all times with such venue’s policies and rules in relation to such venues (particularly fire safety and health and safety rules). You will 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).
          3. You are responsible for your own belongings that you take to a Session and neither I nor any third party venue will be liable for any loss, damage, theft or destruction of any of your belongings.
          4. You agree to 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 venue.
          5. Either of us may cancel a Session by notice in writing by email (marchmontphysio@gmail.com) or by telephone (0131 477 7774 or 07483150242) to the other no less than 24 hours prior to the start of the Session.
          6. If you cancel a Session then you must pay the following cancellation fees:
            1. no cancellation fee if you cancel a Session more than 24 hours before the start time of the Session; and
            2. the full Session fee, as of 31st August 2021, if you cancel the Session on or less than 24 hours prior to the start time of the Session.
          7. If either of us cancel a Session, we will reschedule the Session at the earliest mutually convenient time.
          8. If you are late for a Session, the Session will still finish at the scheduled time. If you are more than 30 minutes late for a Session, we may cancel the Session without any obligation to refund you for that Session. If we are more than five minutes late for a Session, we may either extend the end time so that you receive the complete Session or re-arrange the Session.
          9. We will ask you to complete information in advance of our first Session and you will provide true and accurate answers to the questions.
      3. My Duties
        1. We are bound by the Code of Ethics of The Chartered Society of Physiotherapy and Health Care Professions Council. A copy of the Code of Ethics may be viewed at www.csp.org.uk and www.hcpc-uk.org
        2. We shall provide the Services with due care, skill and ability.
        3. Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of therapy, we do not guarantee any particular results.
        4. If for any reason we am unable to provide the Services at the agreed time, I will provide you with as much notice as possible and we shall reschedule the Session for a time mutually agreed.
        5. You will need to practice between our Sessions in order to gain the most from them. By coming to our Sessions, you are committing to make the time to practice outside of our Sessions.
      4. Fees
        1. In consideration of our providing the Services to you, you will pay us a fee for each Session as advertised in our Reception area and booking page. Where a Session lasts for less than the allocated booking time, the fees will be rounded up to the quarter of the hour.
        2. If you contact us between scheduled Sessions then we may at our discretion provide a brief response to you free of charge. If however we consider that more time is needed to deal appropriately with your communication then we may either:
          1. advise you to arrange an additional Session (at the fees set out in Clause 4.1 above); or
          2. inform you of the time we would need to spend in responding to you and the fee which would be payable by you for such a response. We will obtain your approval to such fee before incurring any fees.
        3. We will invoice you in advance for the fees set out in this Clause 4 (VAT is not charged for health care purposes).
        4. You shall pay each of our invoices in full in advance or on completion of your Session. In the event this is not possible, cleared funds within 5 days of the date of the invoice to the bank account nominated in writing by us in your email that the payment relates to.
        5. Without prejudice to any other right or remedy that we may have, if you fail to pay us on the due date, we may:
          1. charge interest on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of The Royal Bank of Scotland, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand; and
          2. suspend all Services until payment has been made in full
        6. We reserve the right to not proceed with the session, if payment has not been received in cleared funds prior to the session. We may charge you for blocks of sessions in advance.
        7. You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.
        8. All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause 4.9 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
      5. Confidential information
        1. We acknowledge that in the course of providing the Services we will have access to Confidential Information (as defined in clause 16).
        2. We agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
          1. any use or disclosure authorised by you or required by law;
          2. any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
          3. any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
        3. As is good practice in therapy, we are part of supervision groups. You agree that we may disclose any issues which arise out of the Sessions with our supervisor and/or supervision group but agree only to disclose such issues on a general basis and without disclosing your name.
        4. You may disclose to third parties such information about the Sessions as you wish.
      6. Data protection and Intellectual Property
        1. You acknowledge and agree that your personal data will be processed by and on behalf of us as part of our providing you with the Services. We shall do this in accordance with my Privacy Notice (at www.marchmontphysiotherapyclinic.cu.uk/).
        2. 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 person.
        3. 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.
        4. 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.
        5. You may not without our 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 but only retain for education purposes with your verbal/written consent..
      7. Obligations on termination
        1. If either of us give notice to terminate this agreement pursuant to clause 1.2, then as soon as reasonably practicable after such notice (and in any event before the date of termination of this agreement), you shall make yourself available for a final Session.
        2. On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.
        3. Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
        4. Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 15 (Governing law and jurisdiction).
      8. Status
        1. The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.
      9. Limitation on Liability
        1. Nothing in this clause 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
        2. We shall not be liable 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 and us providing the Services.
        3. 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.
        4. If we are prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of our control, weI 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.
        5. The provisions of this clause 9 shall survive termination of this agreement.
      10. Force majeure
        1. We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.
      11. Entire agreement and previous contracts
        1. You acknowledge and agree that:
          1. this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent);
          2. in entering into this agreement you have not relied on any Pre-Contractual Statement (as defined in clause 16).
      12. Variation
        1. No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
      13. Counterparts
        1. This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.
      14. Third party rights
        1. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
        2. The rights of the parties to terminate, rescind or agree to any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.
      15. Governing law and jurisdiction
        1. 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 Scottish law.
        2. The parties irrevocably agree that the courts of Scotland 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).
      16. Interpretation
        1. The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).
          Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that we obtain in connection with the provision of the Services and (ii) the fact that we are providing the Services to you.
          Pre-Contractual Statement: any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement.
        2. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
        3. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
        4. Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
Signed by Name…………………………………

Date:

………………………………………………
[SIGNATURE OF CLIENT]
Signed by Ms Man Yuen Luk
on behalf of The Marchmont Clinic Ltd (trading as Marchmont Physiotherapy Clinic)
……………………………………………….

Date : ………………..

APPENDIX
 

FORM OF CANCELLATION
To: The Marchmont Physiotherapy Clinic
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the provision of coaching services as set out in the Agreement between us dated [INSERT DATE].

Name of client(s),

Address of client(s),

Signature of client(s)

Date:
[*] Delete as appropriate.
[1] Copyright © 2021 The Marchmont Clinic Ltd

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