Terms and Conditions 2023
Posted 1st January, 2023
Liz Harris Animal Therapy Services - Terms and Conditions In reading below, and continuing to use the website, you are deemed to have read and agreed to the following terms and conditions:
Below are the terms and conditions under which Animal Therapy Services operates (the 'Services'). The exact Services we will provide to you/your animal will be determined by the outcome of the Initial Assessment (see paragraph 1 below). If you have questions concerning the Terms and Conditions, please ask before entering into a contract with us.
1. Initial Assessment
Before we provide any Services, we shall perform an Initial Assessment of your animal’s needs and requirements ('Initial Assessment'). An Initial Assessment consists of:
• a discussion with you about your animal’s needs;
• an evaluation of your animal’s needs;
• a full objective examination of your animal’s problem(s), which will involve following our reasonable instructions as set out below; and
• developing a programme of recommended action to address your animal’s needs and requirements.
An Initial Musculoskeletal (MSK) Assessment takes approximately 60-90 minutes. The initial session will involve talking about your animal’s presenting condition, past medical history, and what the issues relating to your animal’s condition are. We will also require you to sign a consent for treatment and release of information form.
Result
Please note that after the Initial Assessment has been carried out, we may decide that we cannot provide any Services if, for example, treatment for the condition may not be suitable or appropriate.
2. Performance of the Services
Initial Assessment
We will normally provide your animal with the Services only after an Initial Assessment has been carried out. If there is a significant period between an Initial Assessment and us providing the Services, we may ask you to confirm in writing that the Initial Assessment remains accurate or request that your animal undergoes another Initial Assessment.
Outcomes
It is not possible that any particular result or outcome can be guaranteed as a result of us providing the Services. Our aim is to provide the Services using reasonable care and skill. Some conditions may take longer than others to treat and we will regularly reassess the treatment plan.
Please do be aware that if your animal is unwilling to co-operate or becomes upset, afraid or aggressive during the Initial Assessment or any subsequent treatment sessions, this may affect the way in which that session is conducted, and consequently what we are able to achieve within that session. Unfortunately, should your animal’s behaviour disrupt the session, we may stop a session at any time (at our discretion) and not continue. If this happens, you will still be liable (at our discretion) to pay the fee for that session.
We shall seek to enable your animal to achieve the desired outcomes. However, no outcome can be guaranteed, and you have sole responsibility for acting on any recommendations or advice that Animal Therapy Services may give. We have no liability for any loss incurred by you, whether financial or otherwise, following our provision of the Services, nor for any perceived failure by you, whether justified or otherwise, to achieve your desired outcomes or goals.
Sessions
If we have not agreed the number of sessions to be provided, we shall provide treatment on a session-by-session basis. We will agree the date and time of the first session and any subsequent sessions by telephone, in person or by e-mail.
3. Confidentiality
We adhere to the Data Protection Act 1998 and General Data Protection Regulation (GDPR). We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than Veterinary Surgeons and other related professionals (with client approval), and if legally required to do so to the appropriate authorities (for example, when required to do so by Law or to protect you or someone else from harm).
Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
4. Costs of sessions and payment
Fees
Our fees for each session are as confirmed by us to you. Please note that you are personally liable to pay all of our fees and any surcharges incurred, such as any cancellation fees. We are happy to accept you as a client if you are arranging to pay through a third party (such as pet insurance), however it is your responsibility to check with that third party whether you have to pay any excess and how much treatment they will cover, as you will be liable for any shortfall payment they do not make.
Payment
• Cash, Credit / Debit Card or BACS Transfer are all acceptable methods of payment.
• Our Terms are payment prior to or at the time of consultation; or where agreed, payment in full within thirty days.
• Monies that remain outstanding by the due date will incur late payment interest at the rate of 10% per month until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid via collection agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
• Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
5. Cancellation / Lateness Policy
• Minimum 24 hours’ notice of cancellation required.
• Notification for instance, in person, via telephone, email, mobile phone "text message", or any other means will be accepted.
• Appointments cancelled with less than 24 hours’ notice, cancelled on the day, or non-attendance, will result in a request for payment in full.
• Please be aware that in most cases, insurance companies will not cover our fees if you have not turned up or cancelled with less than 24 hours’ notice so, as stated above, if your insurance company will not pay, you will be personally liable for such payment.
• If you are late arriving at a session, the session will begin on your arrival and continue until the time when it is scheduled to end. If you wish the session to overrun, and we agree/ are able, then you may be charged (at our discretion) for the extra time we spend in providing the Services.
If we cancel
On occasion, we may have to cancel a scheduled session. This may occur, for example, due to sickness or extenuating circumstances. If we have to cancel a scheduled session, we will book you another appointment as soon as reasonably possible. No charge will be made to you for the session cancelled by us.
6. Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
7. Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to our services and the full content of our website and any printed material given to you by the practitioner.
8. Communication
Contact information can be found on our website or via Company literature or via our stated mobile telephone number.
This company is based at 16 Greenbelt Holdings, Borough Road, Richmond DL10 4SX.
9. Liability and indemnity
Limitation on our liability to you
Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount (and not exceeding the amount you pay in total for the Services), having regard to such factors as whether the damage was due to a negligent act or omission by Animal Therapy Services. Nothing in these conditions will limit our liability for death or personal injury caused by our negligence or the negligence or our employees, agents or subcontractors or fraud and fraudulent misrepresentation.
Limitation and exclusion of liability
We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, or for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Services. Except as set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract. This clause will survive the termination of the contract.
Indemnity
You agree that you will indemnify us against any and all loss or damage suffered, including any legal fees or costs, as a result of any breach of this agreement by you.
10. Early termination
In exceptional circumstances, such as illness or other commitments, inappropriate behaviour by you, refusal to manage your animal in a reasonable way, actual or potential conflict of interest, or other reasons, we may decide to terminate the Services early and/or refuse or be unable to provide further sessions. In such circumstances, we shall give you reasonable notice of termination where practicable and will refund to you any advance payment made for sessions not yet provided.
11. Severance
If a Court or any other competent authority finds that any provision of this contract (or any part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted and the validity and enforceability of the other provisions of the contract will not be affected.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
12. Events outside our control
We will not be liable to you as a result of any delay or failure to perform our obligations under this contract as a result of any event beyond our control including but not limited to, strikes, lockouts, or other industrial disputes, failure of a utility service or transport network, act of God, fire, flood or storm, or breakdown of machinery.
13. Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
