TERMS & CONDITIONS


Therapists Terms and Conditions
1. Definitions
the following words shall have the following meanings:
OSMC means On Site Massage Co Ltd
Customer means the Individual who has booked an appointment through OSMC with a Therapist.
Therapist means the self employed complementary therapist registered with OSMC
who attends the location requested by the Customer for the purpose of
performing the Treatment.
Treatment means the Treatment selected by the Customer that the Therapist is qualified to perform.
Location means the location that the Customer has requested for the treatment to take place
Services means the services set out in Clause 2 of this agreement
   
2. Therapists Obligations to OSMC
2.1 Therapists must agree to abide by the Code of Ethical Practice provided by OSMC at all times
2.2 Therapists must be fully qualified and insured to practice their stated Treatments and must provide OSMC with up to date copies of their qualification and public liability/professional indemnity certificates
2.3
Therapists must agree to the following conditions:
2.3.1
Be mobile and able to travel within at least a 5 mile radius of where you are based to provide treatments.
2.3.2
Have access to the internet, an email account and be able to check your emails at least once every 24 hours
2.3.3
Have a mobile phone and be easily contactable with a messaging or voicemail service.
2.3.4 Own all of the equipment needed to carry out your treatments including massage couches and all products
2.3.5 The booking period for any Treatment is one hour (60 minutes) including consultation exclusive of travel time both to and from the Customers location
2.3.6 Inform OSMC in advance of any periods they are not available to take appointments or be contacted
2.4 Therapists must agree to update any changes on their profile or in their account without delay to include:
2.4.1 Availability shown to the Customer including holiday dates (hide profile if away for long periods)
2.4.2 Qualifications & treatments offered
2.4.3 Personal and contact details
2.4.4 Locations covered
2.4.5 Insurance expiry date
2.4.6 Confirmed appointments
2.4.7 Changes to confirmed appointments
2.4.8 Confirm whether an appointment was attended or not giving reasons
2.5 Therapists must uphold the professional reputation of OSMC and must not engage in any behavior that brings the OSMC into disrepute
2.6 Therapists must dress appropriately and maintain a smart appearance paying particular attention to person hygiene
2.7 Therapists must agreed to pay the £10 yearly registration fee upon request
2.8 It is the Therapist’s responsibility to keep accurate records of all consultations and consultation forms must be available to OSMC on request for up to 7 years post treatment
2.9 Therapists understand that they are an independent contractor and not an employee of OSMC. Each Therapist is responsible for their own matters of Income Tax, National Insurance and VAT liabilities arising out of income received from the OSMC for the services performed by the Therapist under this Agreement together with all charges, penalties and interest levied from time to time by the Inland Revenue or other authority
 
2.10 Therapists acknowledge that OSMC is acting as an agent on the Therapist’s behalf and authorise OSMC to represent the Therapist in respect of the sale of Treatments to Customers
2.11 Therapists shall not encourage or solicit Customers from OSMC to be treated privately, either directly or indirectly.
2.12 Therapists qualified in On Site Massage are requested not to offer this as a treatment within their profile to Customers due to conflict of interest with OSMC. However, we ask you to indicate on your application if you are qualified for our own reference so that we are able to offer you corporate work directly.
 
3. Therapists Obligations to Customer
3.1 Therapists must respond to the Customer as soon as possible and within 24 hours of receiving a booking request to confirm the date and time of the booking. If the Therapist is not available to provide a Treatment at the requested time, the Therapist must re-arrange the booking with the Customer at a mutually convenient time.
3.2 Therapists must fully explain all the procedures involved in the treatment prior to the first appointment, including the nature and length of the consultation, what's expected of the Client in terms of removal of clothing etc. Therapists should also enquire about pre existing medical conditions that might require a GP referral /consent and inform them of possible contra-indications. Clear and comprehensive after-care advice should be given after the Treatment.
3.3
Therapists should inform the Customer as soon as is reasonably possible if they need to change or cancel a confirmed booking by email and/or telephone and endeavor to find a suitable time to re-arrange to. If a booking cannot be rearranged the Therapist must inform OSMC asap so an alternative therapist can be found.
3.4
The Therapist should arrive punctually at a booking allowing at least 15 mins set up time and inform the Client as soon as is reasonably possible if they running late for a booking. If the therapist is more than 15 minutes late for a booking, the Customer has the right to reschedule the booking with the Therapist without incurring further charge or cancel the booking and request a refund. In this case, therapists will not be paid for that booking.
3.5
Therapists must exercise reasonable skill and diligence in the rendering of a Treatment.
   
4. Payment by OSMC
4.1
OSMC will collect payments due from the Customer in advance of the booking on behalf of the Therapist. Therapists must not collect payment from the customer under any circumstances unless agreed with OSMC in advance
4.2

The standard rate per hour treatment charged to the Customer is £50 however we will be offering promotional discounts of up to 25% from time to time. Our commission is set at 35% of the amount charged to the Customer however we do guarantee a minimum payment of £30 per hour treatment to the Therapist. Therefore payments to the therapists will be between £30.00 and £32.50 depending on the charge to the client. All commissions are including VAT.
 

4.3
Should the Customer cause an appointment to over run or wish to extend their booking at the time of the Treatment, they will be charged £12.50 for each 15 minutes the appointment over runs by. OSMC will issue an invoice to the Customer with payment due on receipt.
4.4 Payments are made to the Therapist on a monthly basis. The online booking system will total the amount the Therapist is owed each calendar month and payment will be made directly into the Therapist’s bank account providing the Therapist has updated their account and confirmed their attendance to an appointment or given a reason why an appointment was not fulfilled. A statement will be issued to the Therapist by email each month that payment is made.
4.5 Therapists will not receive payment for an appointment if the customer applies for and is granted a refund following investigation for any of the following reasons:
4.5 .1
The customer makes a valid complaint about the service they receive from the Therapist. (all complaints will be investigated to establish whether it is valid)
4.5.2
The Therapist does not turn up for the confirmed appointment
4.5.3
The Therapist is more than 15 minutes late for the confirmed appointment and the appointment doesn’t go ahead
4.5.4 The Therapist does not update the appointment status in their account
4.5.5
The Therapist fails to ask the Customer if they have any pre existing medical conditions that might require a GP referral /consent and cannot treat the Customer when they arrive
4.5.6 Customer gives 48 hours cancellation notice
 
5. Customer Refunds & Cancellations
5.1 Customers may cancel or reschedule a booking without charge at any time up to 48 hours before the time scheduled for the booking.
5.2 To cancel a booking a Customer must give written notice of cancellation to both OSMC and the Therapist.
5.3 To reschedule a booking a Customer must contact the Therapist directly by telephone.
5.4 Cancellations made with less than 48 hours notice will not be refunded. It’s at the Therapist’s discretion whether appointments with less than 48 hours cancellation notice are rearranged.
   
6. Customer Obligations to Therapist (it is recommended that you read the Customer terms and conditions for full details)
6.1 For home visits, Customers must provide the Therapist with a suitable environment to carry out the service including access to sufficient light, power point, hot water, reasonable working space to set up and everything that the Therapist may reasonably require in accordance to health and safety requirements.
6.2 The Customer warrants that they shall treat the Therapist in a fair, safe and lawful manner at all times
6.3 Customers must provide accurate details for the booking including location address, email address and phone number along with any special requirements or pre existing medical conditions.
6.4 Customers must complete a medical history consultation on their first treatment and inform the Therapist of any medical history that may affect the treatment. They will also be asked to sign a disclaimer form for insurance purposes.
6.5 Customers must inform the Therapist if they are under 16 years old as parental permission must be obtained.
6.6 The Customer must be ready to receive the Treatment at the agreed start time. Delays of over 15 minutes shall incur an extra charge of £12.50 for each 15mins the appointment over runs however the Therapist is under no obligation to provide the full one hour Treatment where the Customer causes the start time to be delayed.
   
7. Refusing Treatment
7.1 The Therapist reserves the right not to carry out the service if he or she reasonably thinks it is in breach of health and safety regulations or that they deem the customer unfit to receive a treatment. The Therapist must report back to the OSMC immediately if they refuse to treat a Customer with a full written explanation of why
   
8. Complaints Procedure
8.1
In the event that any of our Customers have cause for complaint, all complaints should be made in writing and sent by post or email to OSMC within 14 days of the booking date. All complaints are taken with the utmost seriousness and will be investigated thoroughly. Therapists in breach of Code of Ethics are liable to suspension or expulsion.
8.2
In the event that any of our Therapists have cause for complaint, all complaints should be made in writing and sent by post or email to OSMC within 7 days of the booking date. All complaints are taken with the utmost seriousness and will be investigated thoroughly.
   
9. Liability & Insurance
9.1
As an independent contractor, any liability as to the provision of a Treatment is between the Customer and the Therapist
9.2

OSMC is not responsible for any act or omission of the Therapist or for any negligence on their part and it is the Therapist’s responsibility to inform their insurers of any complaint brought against them

9.3 OSMC is not responsible for enforcing clause 6 of this agreement and shall have no liability in the event that the Customer contravenes any point in clause 6 of this agremeent
9.4
OSMC shall have no liability to the Therapist for any loss, damage, costs, expenses or other claims for compensation arising from the provision of the Services by the Therapist
   
10. Law
10.1 This agreement shall be subject to English Law and the sole jurisdiction of the English Courts

 
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