CLIENT Terms & Conditions
These terms & conditions in combination with the Appointment Form (together hereafter referred to as the “Contract”) constitute the entire agreement between the Vital Touch (UK) Limited (hereafter “Vital Touch”) and the Client (as such term is defined below).
1. Definitions
1.1 “Agreed Hours” means the requested hours for which the Therapist(s) will be available as requested on the Client’s completed Appointment Form.
1.2 “Appointment” means the appointment made by the Client by way of the Appointment Form.
1.3 “Client” means the person and/or company named on the Appointment Form for whom the Services have been requested.
1.4 “Individual’ means the individual guest/employee of the Client receiving the Services.
1.6 “Premises” means the location address as completed in the Appointment Form.
1.7 “Services” means the services set out in Clause 2 of this agreement.
1.8 “Therapist” means the individual therapist who attends the Premises for the purpose of performing the Treatment.
1.9 ‘Treatment” means the treatment requested in the Appointment Form.
2. The Services
2.1 Vital Touch shall provide qualified and insured Therapists to the Client at the Premises for the Agreed Hours. All therapists are covered for Professional Indemnity and Public Liability insurance with the limit of liability up to £1 million. Copies of the therapist’s certificates will be sent to the Client on request.
2.2 Vital Touch shall instruct the Therapist to provide Treatments as requested by the Client and attend to the reasonable requirements of each Individual who requires a Treatment exercising reasonable professional skill, care and diligence in the rendering of the Treatment
2.3 The Therapist reserves the right not to provide a Treatment for any Individual they deem unfit to receive such Treatment.
3. The Client’s Obligations
3.1 The Client shall provide a named person to be the single point of contact with Vital Touch. This person can be changed on reasonable notice from time to time.
3.2 The Client must provide a suitable area for the Treatment to take place which shall be clean, quiet and appropriate for the relevant Treatment.
3.3 All Individuals receiving a Treatment must sign a medical consent form prior to every treatment.
3.4 The Client is responsible for delivering the Appointment Form to the Therapist before the start of the Agreed hours, if applicable. Vital Touch will supply template schedules if appropriate.
3.5 The Client will explain to each Individual the nature and extent of the Treatment.
4. Payment by the Client
4.1 The agreed fee for the Services is as shown on the Appointment Form.
4.2 All sums due shall be paid within 30 days of the date of the relevant invoice.
4.3 Any changes to the Agreed Hours or Treatments requested once the Appointment confirmation has been received may affect the agreed fee. Any additional fees will be invoiced as appropriate. Any refunds due will be set off against future invoices, subject to a £10 administration fee.
4.4 Out of hours surcharge for workplace Appointments that take place before 8am or after 7pm will be shown on the Appointment Form.
5. Cancellations and CHArGES for one off bookings
5.1 Once an Appointment has been confirmed, cancellations will incur the following charges:
5.1.1 Cancellations made with 72 working hours' notice or more - 10% of the fee paid.
5.1.2 Cancellations made with less than 72 working hours' notice - 50% of the fee paid.
5.1.3 Cancellations made with less than 24 working hours' notice will be charged at the full rate.
5.2 Changes to the Agreed Hours may be made by giving 10 days written notice. Changes to the Agreed Hours with less than 10 days notice are at the discretion of Vital Touch.
5.3 Vital Touch reserves the right to cancel the provision of the Services without notice in case of the illness of a Therapist or other circumstances beyond its control. Vital Touch shall make reasonable attempts not to cancel the Services but the Client acknowledges that it may not be possible for an alternative Therapist to attend the Premises. In this circumstance the client will be offered an alternative day or a full refund will be issued.
5.4 Any refunds due will set off against future invoices.
5.5. Cancellations for bookings made in advance/contracts require 3 months notice or will be charged at the full daily fee agreed.
6. Termination
6.1 This Agreement will terminate automatically if:
6.1.1 either party shall be in breach of any of its obligations under this Agreement;
6.1.2 either party shall have a receiver, administrative receiver, or administrator appointed, or shall enter compulsory or voluntary liquidation.
7. Liability & Insurance
7.1 The Client acknowledges that all Therapists are independent contractors and not employees of Vital Touch and that any liability as to the provision of a Treatment is between an Individual and the Therapist.
7.2 To the extent permitted by law, Vital Touch’s liability for the provision of the Services shall limited to the fees due in relation to the relevant Services. For the avoidance of doubt, the forgoing limitation shall not apply to death or personal injury arising as a result of negligence.
8. Non-solicitation
8.1 The Client acknowledges and agrees that Vital Touch’s business is based on introducing Therapists to Clients and managing the effective delivery of Services by Therapists to Clients and the nominated Individuals. As result, Vital Touch has a legitimate business interest to ensure that all Services are provided by Therapists on behalf of Vital Touch.
8.2 Accordingly, Vital Touch and the Client agree that for a period of 6 months after the provision of any Services by a Therapist, the Client shall not request or receive any Services from that Therapist other than arranged by Vital Touch.
8.3 Both Vital Touch and the Client agree that the terms of this clause 8 are fair and reasonable.
9. Law
This Agreement shall be subject to English Law and the exclusive jurisdiction of the English Courts.
THERAPIST TERMS & CONDITIONS
These terms & conditions in combination with the Appointment Form (together hereafter referred to as the “Contract”) constitute the entire agreement between the Vital Touch (UK) Limited (hereafter “Vital Touch”) and the Therapist (as such term is defined below).
These terms & conditions in combination with the Appointment Form (together hereafter referred to as the “Contract”) constitute the entire agreement between the Vital Touch (UK) Limited (hereafter “Vital Touch”) and the Therapist (as such term is defined below).
1. Definitions
1.1 “Agreed Hours” means the requested hours for which the Therapist(s) will be available as requested on the clients completed Appointment Form.
1.2 “Appointment” means the appointment made by the Client by way of the Appointment Form.
1.3 “Client” means the person and/or company named on the Appointment Form who has requested the Services.
1.4 “Individual’ means the individual guest/employee of the Client receiving the Services.
1.6 “Premises” means the location address as completed in the Appointment Form.
1.7 “Services” means the services set out in Clause 2 of this agreement.
1.8 “Therapist” means the individual therapist who attends the Premises for the purpose of performing the Treatment.
1.9 ‘Treatment” means the treatment requested in the Appointment Form.
2. The Services
2.1. The Therapist shall provide the Treatments to the Client at the Premises for the Agreed Hours as described in the Appointment Form.
2.2 The Therapist shall have in place Professional Indemnity and Public Liability insurance with the limit of liability up to £1 million. Copies of the Therapist’s certificates will be sent to Vital Touch on request, and, in any case, prior to performing any Services.
2.2. The Therapist shall provide Treatments as requested by the Client and attend to the requirements of each Individual who requires a Treatment exercising reasonable professional skill, care and diligence in the rendering of the Treatment
2.3. The Therapist is responsible for ensuring that all Individuals receiving a Treatment sign a medical consent form prior to every treatment.
3. The Client Obligations
3.1. The Client will provide a suitable area for the Treatment to take place which shall be clean, quiet and appropriate for the relevant Treatment.
3.4. The Client is responsible for delivering the Treatment schedule to the Therapist before the start of the Agreed Hours. Vital Touch will supply template schedules if appropriate.
3.5. The Client will explain to each Individual the nature and extent of the Treatment.
4. Payment by the Client
4.1. The agreed fee for the Services is as shown on the Work Schedule.
4.2. All sums due shall to the Therapist shall be paid within 30 days of the date of the receipt of payment by the Client of the relevant invoice.
5. Confidentiality
The Therapist understands that he/she may be in receipt of confidential information from an Individual which may relate to the Individual and/or the Client. Accordingly, the Therapist undertakes not to divulge or allow to be divulged to any person at any time any such confidential information to any third party unless the Individual or Client has expressly or impliedly consented to the disclosure.
6. Termination
6.1. This Agreement will terminate automatically if:
6.1.1. either party shall be in breach of any of its obligations under this Agreement;
6.1.2. either party shall have a receiver, administrative receiver, or administrator appointed, or shall enter compulsory or voluntary liquidation.
7. Liability & Insurance
7.1. The Therapist acknowledges that he/she is an independent contractor and not an employee of Vital Touch and that any liability as to the provision of a Treatment is between an Individual and the Therapist. The Therapist shall not hold out that she is an employee of Vital Touch at any time.
7.2. Furthermore, the Therapist acknowledges that he/she responsible for the payment of all tax and/or national insurance that may be due in relation to sums received from Vital Touch. The Therapist shall indemnify and hold Vital Touch harmless from any losses Vital Touch may incur as a result of the Therapists failure to comply with this clause 7.
8. Non-solicitation
8.1 The Therapist acknowledges and agrees that Vital Touch’s business is based on introducing Therapists to Clients and managing the effective delivery of Services by Therapists to Clients and the nominated Individuals. As result, Vital Touch has a legitimate business interest to ensure that all Services are provided by Therapists on behalf of Vital Touch.
8.2 Accordingly, Vital Touch and the Therapist agree that for a period of 6 months after the provision of any Services by a Therapist the Therapist shall not provide or propose the provision of Services to any Client other than arranged by Vital Touch.
8.3 Both Vital Touch and the Therapist agree that the terms of this clause 8 are fair and reasonable.
9. Law
This Agreement shall be subject to English Law and the exclusive jurisdiction of the English Courts