Please take the time to read through this information carefully.
In the Terms and Conditions the following definitions apply:
“TBW” means The Body Workshop .
“Client” means any person who has completed and submitted via online bookings, phone or contact form at the body workshops websites.
“Clinic” means any one of the TBW clinic locations.
Reference to a Clinic in the Terms & Conditions will be to the relevant clinic at which a Client has booked to attend treatment.
“Terms and Conditions” means these terms & conditions.
TBW reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Clinic and the conduct of Clients. Any such changes will be notified to Clients and, until revoked, are and will be binding on Clients.
The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
1 REGISTERED CLIENT
1.1 Subject to these terms and conditions, when a person has completed and online, phone or email bookings they will become a Client of TBW.
1.2 Acceptance of a person as a Client is at the absolute discretion of the TBW.
2 PAYMENT TERMS
2.1 Details of treatment fees are available at TBW website and will be such fees as determined by TBW from time to time.
2.2 All treatments are by appointment, once treatment has been provided payment is due within 24 hours. Payment can be made by cash or card only.
2.3 Payments for treatments and treatment plans in any amount are non-refundable unless otherwise stated in the Terms and Conditions.
2.4 For promotional vouchers all vouchers purchased will be sent electronically to a preferred email address provided, the standard cancellation policy applies once an appointment has been booked. Vouchers are valid at all clinic locations.
3 BOOKINGS, CANCELLATIONS, LATE ARRIVALS AND LATE NOTICE POLICY
3.1 Details of treatment times at each Clinic may vary from time to time. Session times will be published by the TBW appointment calendar and will be available on the website.
3.2 A Client may book or reschedule appointments for themselves via online booking system or by calling the main number.
3.3 The total time of your appointment includes consultation, undressing, dressing, treatment and payment, if you feel you will require more time please contact the clinic prior to your treatment.
3.4 Clients will be charged for an appointment where cancellation or the rescheduling of a appointment is not made online or notice given 24 hours prior to the appointment Failure to attend an appointment with less than 24 hours notice of cancellation will incur the charge for the full appointment.
3.5 An invoice for any cancellation / ‘no show’ charges will be sent to you by email for payment by bank transfer within 7 days. Following a cancellation, payment must be received before any further appointments can be confirmed.
3.6 Treatments are booked on a first-come first-served basis, there is a waiting list facility on the online booking system. If a Client joins the waiting list for a particular session and then books that session the booking will be subject to the Terms and Conditions in the usual way.
3.7 TBW has the right to cancel a treatment without notice if the room or environment is unsuitable for the treatment to be provided, or if the therapist is taken ill.
3.8 TBW has the right to cancel a treatment without notice if the client is intoxicated or inebriated, no further bookings will be accepted from the client in this case. TBW may cancel the booking without recourse if terms 3.7 to 3.8 apply.
3.9 TBW commits to rearranging treatments to a new time and date within two weeks of the cancelled treatment where possible except if 3.8 applies or if an appointment is cancelled due to Covid19 (clause 4.6)
3.10 Late Arrivals: You will be allocated an appointment time slot, if the client is late the booked appointment time and duration will be adhered to as we cannot make up the missed time by overrunning or adding time to subsequent appointments.
4 SAFETY & HYGIENE
4.1.1 The client has a duty to provide accurate and true medical and personal information, to the best of their knowledge, and to keep The TBW up to date with details of any medication, symptoms, medical concerns or treatments they are having investigated or undergoing treatment for.
4.1.2 For all face to face appointments clients will be sent an online pre-appointment COVID19 screening questionnaire which must be completed prior to your appointment online. If a completed form is not received your appointment will be cancelled without refund. All clients must wear a face covering for the duration of their appointment.
4.2 Due to the nature of massage and the need for close contact, TBW maintains a high standard of personal hygiene and clients are asked to ensure that they also maintain a high standard of personal hygiene.
4.3 TBW may refuse to treat any client or part of their body with just and reasonable cause. The TBW reserves the right to terminate any appointment at any time if they believe that it is not safe or in the client’s best interest to continue. Likewise, the client has the right to refuse, modify or terminate treatment at any time, regardless of prior consent given.
4.4 If a practitioner is unwell, suffering from a cold or virus, infection or general ill health, they will not be allowed to work due to the risks of cross contamination. This may result in TBW contacting you to inform you of the issue at the earliest opportunity to reschedule.
4.5 Clients are asked not to attend for a massage if they are unwell, suffering from a cold or virus, infection or general ill health. Please contact TBW via email at firstname.lastname@example.org at the earliest opportunity to rearrange your appointment. If you are unwell and contact us to inform us of your illness, please note that our Cancellation Policy may still apply.
4.6 In advance of your appointment following updates from the UK government regarding the Coronavirus please see the update on the FAQ Page http://www.yourbodyworkshop.co.uk/faqs/. As usual if you are feeling unwell under my current Terms and Conditions Section 4.5 I ask you to contact me prior to your appointment, including if you have been contacted by NHS Track And Trace and asked to self isolate to advise postponement, if you are rescheduling due to COVID19 you will not be charged a cancellation. If you have any queries or concerns prior to your appointment, please do not hesitate to contact me. This advice is valid from 9.7.2020 until further notice.
4.7 All practitioners at TBW may refuse to treat any client or part of their body with just and reasonable cause. TBW reserves the right to terminate any appointment at any time if they believe that it is not safe or in the client’s best interest to continue. Likewise, the client has the right to refuse, modify or terminate treatment at any time, regardless of prior consent given.
4.8 TBW holds the right to refuse any treatment if a client is physically or verbally abusive towards any practitioner, or demonstrates inappropriate, aggressive or sexual behaviour. Such behaviour may result in a ban from the clinic, and may also result in criminal proceedings.
4.9 In the interests of safety and hygiene, no food is permitted in the Clinic.
4.10 With the exception of guide dogs no pets are permitted in the Clinic.
4.11 TBW , including the practitioners, will not be held responsible for the loss or damage of personal items during your time at the clinic premises.
5 TREATING UNDER 18S AND VULNERABLE PERSONS
5.1 Clients under the age of 18 years and vulnerable persons must be accompanied by a parent or guardian. This client and the parent or guardian must give permission for the agreed massage plan to be performed, and will be requested to co-sign the New Client Consultation Form. They will be invited to stay in the room for the duration of the appointment, and expected to remain present throughout the treatment. The Client will need to give their consent prior to any treatment.
6.1 Clients are required to give written notice to TBW of any change of address or email address. Failing such notice, all communications will be assumed to have been received by the Client within five days of mailing to the last address notified to TBW.
6.2 TBW may, if a Client wishes, communicate with the Client by electronic mail (“email”). By providing an email address to TBW the Client consents to receiving email communications from TBW, including notices pursuant to the Terms and Conditions. The Client also accepts the risk that email may not be a secure and confidential means of communication. TBW will not be liable for any loss or damage suffered as a result of communicating with a Client by email.
6.3 Any marketing, educational or other materials of any nature whatsoever produced by TBW in connection with the Clinic and which are made available to Clients at the Clinic will at all times remain the property of TBW and will be subject to the TBW’s copyright.
7 COMPLAINTS PROCEDURE
7.1 If a client wishes to make a complaint about TBW, this must be emailed to the address email@example.com
7.2 Complaints must include the date and location of the incident, the full name of the complainant, details of the complaint and a desired outcome following the complaint. All complaints will be taken very seriously and a response will be provided within 14 days.
7.3 For complaints specifically regarding data processing please see 8.11.1.
As we record and use sensitive health data we take the protection of this data very seriously.
8.1 Who We Are: We are The Body Workshop, email; address firstname.lastname@example.org For the purposes of processing your personal data we are the controller.
8.2 Data Controller – Dee Hudson (TBW) Registered with the Information Commissioners Office is your first point of contact for any matters regarding your personal data we process. Contact: email@example.com
8.3 Personal Data We Process and What We Do With It
The following information is collected: Client name, address, date of birth, email address, phone numbers, GP details health information including medical history, diagnosis and treatment data. . Our lawful basis of processing this data is one of contract and, for the health information, the provision of health-related services. In addition, we will only examine or treat you with your explicit consent. All client records are electronic.
8.4 How we collect the information
All information is given by the Client or their carer, parent or legal guardian.
Data is collected verbally on the phone by practitioners to book appointments and take contact details.
Medical information is collected by practitioners verbally at a face to face appointment.
8.5 Data Storage and Disposal
8.5.1 We use several software packages at the clinic to provide Clients with the best service. Third party software providers are listed below.
Cliniko is the main provider from both appointment bookings and treatment notes taking and they are GDPR compliant. All Client records belong to and are owned by TBW clinic
8.5.2 Registration form via paper form are stored securely at TBW clinic and are destroyed after 4 years as electronic copies are stored.
8.5.3 Whilst you are receiving treatment from our clinic we will continue to store and use your personal data. Once you have been discharged, statutory requirements for data retention are a minimum of 8 years for adults and 25 years for children.
8.5.5 Client data is also used for both operational and company marketing purposes. Operational communication includes but is not limited to appointment reminder emails and text messages, invoices and feedback requests.
8.5.6 We do send marketing including but not limited to newsletters, offers and discounts which Clients opt in to with a tick box on their first visit.
8.5.7 We check Clients still want to receive communications on a regular basis.
8.5.8 We process your data using the lawful basis of consent for marketing, and fulfilment of contract and legitimate interest for processing your medical record and sending you health information and exercises relating to your condition.
8.5.9 Your medical record is processed as Special Category Data under Article 9 2(h) of the GDPR. Parents must give consent for communication with children under 16 years.
8.6 Your Rights
8.6.1 As we process your personal data, you have certain rights. These are a right of access, a right of rectification, a right of erasure and a right to restrict processing.
8.6.2 You may request a copy of your data at any time. Please make such a request in writing or by email to the Data Controller, whose details are shown above. Please provide the following information: your name, address, telephone number, email address and details of the information you require. We will need to verify your identity, so we may ask for a copy of your passport, driving license and/or recent utility bill.
8.6.3 If you believe any of the personal data we hold on you is inaccurate or incomplete, please contact the clinic directly and any necessary corrections to your data will be made promptly.
8.6.4 If you believe we should erase your data, please contact the Data Controller, whose details are shown above.
8.6.5 If you wish us to stop storing or using your data, please contact the Data Controller, whose details are shown above.
8.7 Security and Data Breaches
8.7.1 Should your personal data that we control be lost, stolen or otherwise breached, where this constitutes a high risk to your rights and freedoms, we will contact you without delay. We will give you the contact details of the Data Controller who is dealing with the breach, explain to you the nature of the breach and the steps we are taking to deal with it.
8.7.2 Access to paper records is restricted to practitioners and admin staff who have signed a confidentiality and processor confidentiality agreement.
8.7.3 All electronic data is password protected and access to information can be restricted. Systems are kept updated and antivirus security systems are in place and updated.
8.7.4 Data breaches will be detected by observing signs of unauthorised entry to storage areas, monitoring communications or becoming aware of a security breach (e.g. a virus or unauthorised log on or change to permissions) on the computer system. Data breaches will be investigated and reported to the Information Commissioner’s Office within 72 hours by the appointed person. Client’s will be informed if we believe a data breach has occurred.
8.7.5 Clients may contact the Information Commissioner’s Office if they believe a data breach has occurred. Information Commissioner’s Office: 0303 123 1113
8.8 Disclosure of your information/Data Sharing
8.8.1 Information is only shared with other persons with Client’s permission with the exception of NHS Track and Trace (clause 8.8.3). This would usually be with other health professionals. Client information is never passed on to other clinics, practitioners, persons or companies.
8.8.2 We may pass information with your permission to other medical professionals who may be involved in your care; this may include GPs, consultants, occupational health departments or other Health and Care Professions.
8.8.3 If you are attending a face to face consultation TBW may be required to share your contact details with the UK government’s Covid19s NHS track and trace service via phone or email. By attending a face to face appointment you are agreeing to this.
8.8.4 This information may be passed on in the form of a written letter which is given to you – if this is the case, the letter becomes your responsibility and the protection of its contents is your responsibility.
8.8.4 If the information is passed electronically by email, we will seek your consent first and we will take all reasonable precautions to transmit the information securely.
8.8.5 Data would extremely rarely be shared without consent if there was a legal order or in cases of serious safety risks such as in clause 8.8.3.
8.9 Client Rights
8.9.1 Client’s and anyone we hold data about have some rights under GDPR: You can request to: see your data at any time, move your data to another practice, correct any inaccuracies, prevent marketing. You may request for details to be deleted but due to our legal obligation we cannot delete your health record but we can remove you from our contact list.
8.9.2 If the client requires copies of you data is only released on receipt of a signed request from Clients or in exceptional circumstances. Any data sharing is detailed in the Client record.
All changes will be notified on our website
8.11 Should You Wish To Complain
8.11.1 Clients may raise any complaints about data processing with our Data Controller who may be contacted at firstname.lastname@example.org
8.11.2 You may also contact the Information Commissioner’s Office Directly www.ico.org.co.uk should you wish to make a complaint about the way we are processing your personal data.
8.12 Automated Decision Making and Profiling
We do not use any system which uses automated decision making or profiling in respect of your personal data.
9 INTELLECTUAL PROPERTY
TBW logo, trademark, graphics, photos & site content are the property of TBW and protected by law. Permission must be gained before you are allowed to use, make or distribute. All rights are reserved.
10 PROMOTIONAL OFFERS AND CONCESSIONS
10.1 Only one offer is valid per appointment booking and cannot be used in conjunction with another offer.
10.2 All offers are time limited, as detailed on the advertised promotion. If not stated they will be valid for a maximum of 6 months. All offers are subject to availability at the time of booking.
10.3 For referral offers, the client being referred must be a new client, who has not enquired or attended TBW previously.
10.4 Member offers are only valid to current members of the club, gym or organisation stated.
10.5 The offer code must be quoted at the time of booking and the discount will be deducted at the point of payment.
The standard TBW Terms and conditions still apply.
TBW provide Soft Tissue Therapy in a variety of forms, but none of these treatments are a substitute for professional medical care or counselling. None of the practitioners at TBW will diagnose, prescribe medication or medical treatment of any kind, unless they are personally qualified to do so, and will always recommend referral to a GP or other qualified medical specialist or practitioner.
The client has a duty to provide accurate and true medical and personal information, to the best of their knowledge, and to keep The Body Workshop up to date with details of any medication, symptoms, medical concerns or treatments they are having investigated or undergoing treatment for.