Terms and Conditions

Bodylogiq

January 2023

These are the Terms and Conditions of Karen Chappell trading as Bodylogiq of 83 Greenhill Road, Coalville, Leicestershire (‘the Practitioner’).

  1. General
  1. The Practitioner’- the person providing the Bodylogiq technique services.
  2. ‘Client’- is any person who has contacted the Practitioner requesting information about, or who has entered a Contract with the Practitioner for the provision of Bodylogiq technique services (the ‘Services’).
  3. ‘The Fee’- The monthly sum payable for the provision of the Services as agreed.
  4. ‘Payment’ – must be by BACS or if outside the UK by Stripe.
  5. ‘Days’- Monday to Friday excluding UK Bank Holidays.
  6. The ‘Website’- https://www.karenchappell.org.
  7. ‘Health History Questionnaire’ – the form completed by the Client and relied on by the Practitioner in providing the Services.
  8. These Terms and Conditions and the Health History Questionnaire will represent the whole of the agreement between the Practitioner and the Client.
  9. ‘The Prescription’- details of the proposed Services unique to the Client and given out after the first session.
  1. Disclosure
  1. To safely provide the Services, the Client will be requested to supply certain information including completing a Health History Questionnaire in writing before anything is done. This information will be checked from time to time throughout the provision of the Services.
  2. The information must be provided completely and accurately by the Client.
  3. Any changes must immediately be passed to the Practitioner. If the Client is unsure if the information is relevant, they must inform the Practitioner and let them be the judge of relevancy.
  4. The Client understands that withholding medical information could put their health at risk. If issues arise because of information being withheld or incorrectly given, then the Practitioner shall have no liability for the consequences.
  5. The Practitioner is always available to discuss any concerns regarding any medical conditions or possible medical conditions. It is for the Client to make full disclosure and act on any advice given including consulting their GP or other medical professional.
  6. Details of the Services and any risks involved will be explained to the Client. If the Client does not understand any of the information supplied, they must ask for clarification. They must fully understand that exercise in particular involves certain risks. By signing the consent form on the Health History Questionnaire and these Terms and Conditions the Client is agreeing that they understand all the information given to them.
  7. For all medical information provided to the Practitioner, the Client must provide their consent for the data to be retained by the Practitioner as otherwise no Services can be supplied, and the Practitioner will have no liability to the Client.
  8. Procedure
  1. Following an enquiry, the Practitioner will arrange a free consultation to discuss the issues and ascertain if the Practitioner believes they can assist the Client.
  2. If both parties decide to proceed further after the consultation the Client will be sent a Health History Questionnaire for completion. This will include but not be limited to medical health, lifestyle, family details and details of current pain e.g., location and level. All relevant information must be included and if the Client is unsure if something is relevant must ask the Practitioner before omitting anything. The Client must sign this as complete and accurate.
  3. The Client will be provided with a copy of these Terms and Conditions and an Invoice for the Fee. They must sign these Terms and Conditions where indicated and pay the current Fee.
  4. A contract is made once the Client has signed the Health History Questionnaire, these Terms and Conditions and paid the Fee requested.
  5. The Client will then have weekly sessions with the Practitioner. These may be online or a mixture of online and in person as agreed between the parties.
  6. At the first session the Practitioner will review the Health History Questionnaire with the Client to ensure it is full, accurate, readable and any medications are up to date. This is to avoid any misunderstandings.
  7. Following the first session the Practitioner will write a Prescription of the treatment that is unique to that Client. If the Client does not like the Prescription or has any queries these must be raised immediately.
  8. The Client will then be issued with details of Movement Mobilisers. These are movements that must be done daily as described to achieve any effect.
  9. The Practitioner will take a range of photographs of the Client whether meeting face to face or online. The photographs will be front, back and side views of the Client who will be fully clothed. The Practitioner will talk through what is seen in those photographs to explain to the Client what they need and why, so they can be more engaged in the process. The photographs can be used at the end to display the process on a before and after basis. Copies can be provided upon request.
  10. If the sessions are face to face the Practitioner may choose to video the Client and provide the Client with a copy upon request.
  11. The Client will be asked to make notes on their feelings and physical progress throughout the process. This is to establish their progress and provide a positive analysis.
  12. The Practitioner makes notes and may record the sessions using a transcription service such as https://otter.ai. The Client would be offered the recording with a transcription upon request.
  13. Throughout the Services the Client can contact the Practitioner with any queries or issues they may have. This is within reasonable hours and subject to reasonable use. Contact must be by text or email. The Practitioner will respond as soon as possible.
  14. The Client must understand that improvement in the first couple of weeks will be minimal but will become more apparent over time provided all the instructions are followed.
  15. This is an active process, and the results of the Movement Mobilisers will be tested. The Prescription will be amended or changed as needed as every Client responds differently.
  1. Length of Services
  1. The Client is advised of the likely length of the Service. This is usually two to three months but will vary from Client to Client.
  2. The Client will engage the Practitioner from month to month and pay the Fee accordingly.
  3. Either party can terminate the Services if they believe they have been taken as far as possible or if the Client has personal reasons for doing so.
  4. Even if the pain has gone but the Client has concerns regarding other issues or has concerns the pain could return, then the Practitioner can provide a range of other therapies such as talking therapy, personal training, movement therapy and body work.
  5. If the Client wishes to return for more Services after termination this will be treated as a new start point as circumstances will have changed. It is likely however that less work will be needed than for the original sessions.
  1. The Fee
  1. The Client will be informed of the monthly Fee payable in the initial consultation.
  2. The Fee must be paid by bank transfer before the first session takes place.
  3. The Fee is charged monthly and must be paid on the anniversary of the first payment to enable the sessions to continue.
  4. The Practitioner reserves the right to suspend services if the monthly payment is not made on time until such payment is received.
  1. Obligations of The Practitioner
  1. The Practitioner will provide the Services to the best of their professional ability based on their qualifications and experience.
  2. The Practitioner will maintain Indemnity Insurance.
  3. The decision of the Practitioner as to if any Services can proceed and how this will be carried out is final.
  4. Most Clients will have visited their doctor before contacting the Practitioner. However, they must accept that the Practitioner may send them back to their medical professional if they believe that is the best course of action for the Client and their health. The Client will follow the advice of the Practitioner.
  5. The Practitioner will provide the Client with education, information, tools, support, and motivation to improve their wellbeing. However, no guarantees are given as to any outcome as everyone is individual and also the result can be affected by the actions of the Client.
  1. The Results
  1. The Client must understand that the process is a partnership between the Practitioner and the Client. The aim is to work together using the tools available to achieve the best outcome for the Client.
  2. The aim of both parties is for the Client to be pain free. However, there is no guarantee this will be achieved although the Practitioner will use their best endeavours to achieve that result. The Practitioner will provide help for the Client to achieve a pain free state and have the techniques required to deal with anything that could arise relating to the issues in the future.
  3. The Practitioner is not a medical professional. The Client must speak to their own doctor regarding any medical issues.
  1. Rescheduling Policy for Sessions
  1. The Client must give at least 48 hours’ notice to postpone any session or that session will be lost.
  2. Any session postponed must be rescheduled within one month or it will be lost.
  3. The Practitioner reserves the right to reschedule any Services without any liability to the Client if it is necessary due to matters beyond her control.
  4. The Services can be postponed or even cancelled by the Practitioner in the interests of Client safety and welfare. This will include but is not limited to a failure by the Client to follow the advice given to them by the Practitioner, e.g., if it transpires that the Client has not provided a full medical history. The Practitioner has no liability to the Client in these circumstances. If Services have to be postponed or cancelled under this Clause and then rescheduling is at the discretion of The Practitioner.
  5. If the Client attempts to reschedule a session a second time the Practitioner reserves the right to consider that session to be lost.
  1. Cancellation Policy for Sessions
  1. If the Client decides to cancel the Services, they must give two weeks’ notice of termination in writing to the Practitioner. or is deemed by The Practitioner to be not fit for Services, the Fee charged will depend upon the period of notice given to The Practitioner or otherwise at the discretion of The Practitioner.
  2. The Practitioner can postpone or cancel Services in the interests of the Client’s safety and welfare. Any refund of the Fee or continuation of the Services is at the discretion of the Practitioner.
  3. The Practitioner will normally discuss with the Client if they believe the Services are coming to an end and endeavour to provide reasonable notice of their opinion.
  4. All Services provided by the Practitioner are personalised for the Client so any request to cancel not complying with clause 9a is at the discretion of the Practitioner.
  1. Client Obligations
  1. The Client must always be honest and act in good faith.
  2. The Client must read and make sure they understand all information given to them verbally and in any documentation supplied by the Practitioner. If they do not understand they must ask for clarification until they do understand.
  3. The Client must complete the Health History Questionnaire accurately and without omission and if is doubt must speak the Practitioner.
  4. The Client must comply with all advice and instructions given to them by the Practitioner or be responsible for the consequences of such action.
  5. The Client must attend all sessions agreed and follow all advice and guidance supplied by the Practitioner and in any documentation provided by them.
  6. If there are any problems immediately after Services, the Client must contact the Practitioner as soon as possible.
  1. Force Majeure
  1. Should the Practitioner be prevented, hindered or delayed from performing their obligations under any contract with the Client by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict,  the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions )the Practitioner  shall be relieved from performing their obligations and will not be in breach of contract or otherwise liable for any such failure or delay in the performance of such obligations.
  2. The Practitioner is not liable for any indirect or consequential losses to the Client or any third party.
  3. Any contract is exclusive to the Client and no third party shall have any rights under that contract.
  1. Intellectual property
  1. All copyright, trademarks and all other intellectual property rights in any Services digital content, documentation, logo, plans and other written materials (the Materials) shall remain always vested in the Practitioner. Any attempt to copy any Materials, or reproduce, transmit, publish, display exploit, or create derivative items shall render the Client liable for damages.
  2. Upon payment in full of the Fee the Practitioner will grant the Client an indefinite licence to use any Materials for the Clients’ own personal benefit.
  3. If the Materials supplied by the Practitioner are used by a third party for any purpose or not for the personal benefit of the Client, the Client will be liable to the Practitioner for damages and any legal costs. They must take appropriate steps to ensure such use ceases immediately.
  4. If the Client wishes to use the content of the Materials in a way beyond as agreed with the Practitioner, it must obtain written consent from the Practitioner and pay any fee requested before doing so.
  5. Any licence given by the Practitioner to the Client will automatically terminate should the Client be discovered using the Materials supplied in breach of these Terms and Conditions.
  1. General Data Protection Regulation
  1. The Practitioner will comply with the General Data Protection Regulation (UK GDPR) and all other applicable Data Protection legislation. They will provide a copy of their Privacy Notice on their website https://www.karenchappell.org.
  2. The Practitioner will only process data to the extent required to enable them to provide the Services and as necessary to comply with its legal obligations.
  3. The Practitioner may contact the Client with details of similar Services and offers in the future, as allowed by UK GDPR.
  4. If the Practitioner wishes to use any photographs or any other personal information about a Client for marketing purposes, they will not do so without the written consent of that person.
  1. Confidentiality
  1. All details and any information supplied by the Client to the Practitioner will be kept strictly confidential by them. Any information supplied to the Practitioner will be used by them solely for providing the Services unless obligated to provide it by law, court order, or any governmental or regulatory authority.
  2. The Client will keep all information supplied by the Practitioner to the Client strictly confidential. Confidential Information will include but is not limited to all business methods and practices of Bodylogiq, computer programmes, software, technical information, ideas, techniques, processes, and methods that are part of the Bodylogiq technique.
  3. Both parties will use diligence and care to protect any confidential information from inadvertent disclosure.
  4. Confidential Information does not include Information already known by the Practitioner having been informed of it by a third party, information that becomes public information through no act of the Practitioner or their agents or it is approved for disclosure by the Client.
  5. All the obligations contained herein relating to confidentiality will continue in full force once any contract is concluded or terminated.
  1. Severance

If one or more of these terms are found to be unlawful or otherwise unenforceable, that provision will be deemed severed from the remainder of these Terms and Conditions, which will remain valid and enforceable.

  1. Complaints

The Practitioner takes the care and wellbeing of all Clients very seriously and in the unfortunate event that a Client Is not happy with the service provided by the Practitioner then:

  1. A complaint should be made as soon as possible to the Practitioner. If the initial contact is by telephone the complaint must be put in writing to the Practitioner within seven days. They will respond to discuss the concerns raised.
  2. Should the Client not be satisfied by the response the Practitioner will arrange a meeting with the Client to discuss their concerns further and endeavour to find a solution.
  3. If the Client is still not, then satisfied the complaint will be passed to the senior practitioner for resolution.
  1. Law

These Terms and Conditions will be governed by the laws of England and Wales.