Terms & Conditions
Sylvia Colbourne Martin, trading as NLP, CBT, Hypnosis (“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. By ticking the checkbox in the appointment booking section, this document will constitute a legally binding agreement between us. You will not be able to make an appointment unless you tick the box to confirm that you agree to our terms and conditions.
Sessions and cancellations
2. Our therapy sessions (“Sessions”) are up to 60 minutes. The Sessions will take place at the times and on the dates which we have pre-agreed. All sessions will take place over Zoom,
3. In the case of a Zoom appointment, 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 I will not be obliged to provide any refund to you.
4. I 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 must provide us at least 72 hours’ notice. You must give us this notice by sending an email to sylvianamast@gmail.com If you provide less than 72 hours notice of cancellation or miss a Session, we reserve the right to charge the full payment for that Session. We use Pay Pal, Verno, to process all card payments, and due to their policy of not refunding their fees, we will only refund your payment less their fee. You can view the fees on Pay Pal, Verno Pricing Page. To avoid losing the fees paid to Pay Pal, instead of requesting a refund, you can also transfer the payment to a friend or family member (they must be over 18 years of age). You must give us 72 hours’ notice by email.
6. Although the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
(“Regulations”) may apply to the provision of services provided under this agreement, you agree that we may commence the performance of the services before the end of the 14 day cancellation period referred to in the Regulations. If we have already started work on the services by the time you cancel the agreement, 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 services and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you as outlined in section 5 above.
Confidentiality
7. 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.
8. 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 a 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.
Liability – READ THIS SECTION CAREFULLY
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. The provisions of this liability section shall survive termination of this agreement.
Data Protection and Intellectual Property
15. We use and process your personal data in accordance with our Privacy Notice
16. 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 license to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
17.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 recordings of our Sessions with your permission.
Termination
18. 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
19. You agree that 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 US law. The parties irrevocably agree that the courts of United States 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).
I have read and agree to the terms above.