Terms & Conditions – i) Exercise & Fitness, and
ii) Transformational Services (Below)
Capitals are used for emphasis.
i) Exercise & Fitness
Your Health and Wellbeing is of paramount concern to People-Progress and as such it is important that we work together safely to ensure that you meet the aims of your sessions.
If You wish to take part in People-Progress’ Exercise and Fitness sessions – (whether live or pre-recorded instructional video) – You must adhere to the following terms:
1. You and ‘risk’
You understand that taking part in the session(s), You do so at Your own risk.
I/We do not accept any responsibility for any individual nor group of individuals, who may be participating in the session.
2. Your health
To take part in the session, You must be in good physical health. If You have been told on health or medical grounds that you should not take part in physical activity and sport, then you won’t be able to join in with this exercise and fitness session.
3. Updates and Notifications
After commencement, You undertake to inform People-Progress, should Your health circumstances alter in any way, immediately as this arises.
However ‘minor’ You will also inform of any injuries which are being carried prior to the start of each session.
4. Your safety
To perform this activity in a safe way, You must make sure that the area that You use is suitable.
The area must be:
- a flat surface
- clear of any obstacles
- spacious enough for the type of activity
Where sessions are charged, fees for self-funding clients are revised on an Annual basis in February of each year.
Special Offers are reviewed on a 3/6 monthly basis. If there is a fee applied/proposed change in pricing to Special Offers, You will be provided with written notice of any changes to the fee.
By taking part in the session(s) – You agree to the above terms and conditions.
ii) Transformational Services
For clarity and ease of understanding some terms will be used interchangeably to reflect the way in which our services may be provided e.g. My/Our, Me/Us, Am/Are, Myself/Ourselves, “The Services”. You, Your, [Client or Service-User], I/We [Name of Associate] on behalf of People-Progress. Capitals are used for emphasis.
“You” and “I/We” [Name of Associate] on behalf of People-Progress, Blackthorn House, St Pauls Square, Birmingham B3 1RL.
2.1. These are the standard terms and conditions for the services that I/We provide. We have done our best to use friendly terms while ticking all the necessary legal boxes and not taking away any unnecessary rights of clients or service users. The following terms apply as the standard terms for all our services.
2.2. The following is intended to form the terms and conditions of the agreement relating to the professional relationship between You and myself/ourselves. If at any point either party believes that the other party may be in breach of this agreement, it is important that concerns are raised as soon as possible so that we may work together towards a resolution. We will take any complaints seriously. We recommend that You raise any complaint in the first instance directly with me.
- Commencement Date
3.1. The Agreement shall commence on the day that the first session is agreed. The agreement may be terminated by either party at any time, by giving the other party at least one week’s notice.
- The Services
4.1. The services that will be provided under this agreement include One-to-One, Family, Small/Large group sessions; in relation to Behaviour Management, Health and Well-being, Personal Development and Relationship Services provided either in person, by use of technology, by telephone or online support. (“The Services”).
- Ethical Standards
5.1. I/We shall carry out my/our obligations towards You under this agreement in keeping with the ethical standards advocated by the British Association of Social Work, (“BASW”), Social Work England (“SWE”) formerly Health and Care Professions Council (“HCPC”), the Chartered Institute for the Management of Sport & Physical Activity, (“CIMSPA”) and the Disclosure & Barring Service (“DBS”).
Registrations and compliance for the relevant standards are available on the BASW, SWE, CIMSPA and DBS websites.
6.1. The confidentiality of information relating to You is of paramount concern to me/us. I/We fully comply with data protection legislation and confidentiality guidelines. I/We share information on a ‘need to know’ basis and strict guidelines are in place to ensure the information remains secure. Your personal information, details of sessions and interventions are kept securely. Information, but not names will be shared with a senior who is also registered with a regulatory professional body and reviews practice. Confidentiality may have to be compromised if I/We have concerns that You or anyone else is ‘at risk’. If this occurs it will be discussed in the session whenever possible and recommendations will be discussed and documented in Your notes.
- Data Protection Act 2018
7.1. I/We am/are committed to meeting the provision of the UK General Data Protection Regulation (UK GDPR), tailored by the Data Protection Act 2018. I/We have a legal duty to keep information about You confidential. In summary, this means that I/We will ask for information about You so that You receive the appropriate and proper care and support. Contact information, registration details, emergency contacts, and very brief notes on individual, couples’, family and small/large group sessions relating to You will also be kept. Upon commencing sessions, basic personal information will be collected for contact and identification purposes. During our sessions or meetings, an assessment of Your needs (dependent upon your request for support) will be completed, and notes will be drafted after Your sessions. These may include personal and sensitive details about Your life. The assessment and notes are used solely with the aim of delivering a quality transformational service to You.
7.2. I/We will keep this information securely with details of Your aims/goals because it may be needed as a point of reference, for subsequent meetings.
7.3. I/We will normally only provide information about Your sessions to Your GP, if You provide me with consent. There may be situations in which I am required by our legal, regulatory, or professional obligations to inform Your GP and/or other public bodies about certain matters, for example where there is a risk to life or physical harm to You or to a third party.
7.4. I/We support audit projects intended to evaluate the various areas of service which we provide and the quality of related care. I/We support ethically approved research projects which measure the effectiveness of service provision. There may be a specific consent form for contribution to any research projects.
7.5. You may be receiving care, treatment, or support from other people as well as myself/ ourselves. So that we can all work together for Your benefit, I may need to share some information about You with those people.
7.6. You have rights relating to the information I/We hold to verify the accuracy or to ask for them to be supplemented, deleted, updated, or corrected.
7.7. You have a right of access to Your records under the Access to Health Records Act 1990, and under the Data Protection Act 2018. If You would like a copy of some or all Your personal information, please email or write to People-Progress via the contact details stated in this agreement. Information will be provided to You within 30 days. For more information, You may like to consult the Information Commissioner’s website: www.ico.gov.uk
- Access to Information
8.1. Access to information may be granted to others on a strictly confidential basis during and for the purpose of efficient administration, for example audit, financial management and credit control and managing or improving our services. This access may be given to any person or organisation involved in billing, processing, payment or collection of accounts or the provision of credit referencing. In some instances, I/We am/are obliged by law to disclose information for example where it will assist in investigations into fraud or other criminal offences, or if there is an issue relation to public health, Your own safety or another individual’s safety.
- CCTV, Recordings and Supervision
9.1. The buildings where I/We operate from uses CCTV in some areas for security purposes only.
9.2. Supervision is conducted in accordance with the BASW and SWE guidelines for supervised client-work. This means that I/We may need to discuss Your case with a senior in the interest of meeting Your needs. Your identifying details will remain anonymous.
9.3. As part of supervision, on-going professional training requirements, service evaluation or research, You may at the outset of the work be asked to consent to sessions being video and/ or audio recorded. You have the right to decline this request. Any recordings will be erased as soon as reasonably practicable after the purpose of the recording has been discharged in line with the requirements under the Data Protection Act 1998.
- Retention, Storage and Destruction of Information
10.1. Information about You is stored in a confidential and secure manner whether it is in manual or computerised form. Your information will be kept for the specific retention periods outlined by the relevant professional bodies. Your information is kept for the time necessary to provide the support service requested, however outside of this I/We will hold Your details and session notes for a specified period following the end of interactions with us to comply with obligations that are placed upon us by our insurers. After this retention date, all data will be securely deleted. Destruction of data, either manual or digital is undertaken using documented procedures with an audit trail of activity and destruction.
- Influence of alcohol or substances
11.1. If it is reasonably suspected that You are under the influence of alcohol or any illegal substances, You will be asked to terminate the session or leave and forfeit Your session that day without a refund of the fee. If any of these behaviours continue, it may lead to your sessions being terminated.
- Contact between sessions
12.1. In instances where You need to contact me/us between sessions, You can call (0121) 246-5454 or 07577 822 525 or send an e-mail to email@example.com. If I/We cannot take Your call, You may leave a voicemail message. All calls and messages will be responded to as soon as reasonably practicable as time permits between sessions – within normal opening hours. We may also operate a Duty Telephone Number. If You need to speak to someone immediately at a time of crisis please contact Your GP, the NHS Non-Emergency Number by dialing 111 or in the event of an emergency You may also call an ambulance on 999.
- Use of our website online content (e.g. Blogs, Twitter, Facebook, LinkedIn, You Tube)
13.1. The materials contained on our website and on our other online content are for general information only and should not be relied upon as legal, medical, therapeutic, or other professional advice. We make no warranty as to whether the information is accurate or up to date. We do not accept any responsibility for any loss which may arise from accessing information that I/we put either on our website or on any other online forum. I/we hereby exclude all liability for losses or damages that are direct or indirect arising from use of any online material relating to me/us including, but not limited to our website.
13.2. Changes may be made to our online content; the content may be deleted, and our online content may be removed at any time without notice.
- Access of service online
14.1. I/We aim to make our website and online material and communication (e.g. e-mail, social media, and video calls such as Facetime, Skype and Zoom) as accessible to all service users. However, I/We cannot guarantee that the website or online services will always function correctly, will necessarily be compatible with all clients’ hardware and software, or will be secure over Your internet connection. I/We will not be held responsible for any loss of data, damage to data, unlawful interception of data, viruses, or interruption of access.
- Dual Relationships
15.1. The working relationship is professional in nature and must not extend into any other spheres. To protect professional boundaries and ethics, it may not be appropriate to engage in any other capacity outside of the working relationship. These safeguards may help to ensure objectivity, professional judgment, and effectiveness. For example, I/We may not accept any invitations via social networking sites. I/We will also not act as a witness by providing reports or letters on our work together for any purpose other than for meeting goals, development plans or medical psychological intervention. I/We cannot provide reports or letters for matters such as employment or educational disputes, divorce and custody disputes, personal injury, educational mitigating circumstances etc.
- Litigation and Legal Proceedings
16.1. Due to the matter of dual relationships, the nature of and workings of our sessions, this requires making a full disclosure regarding many matters which may be of a confidential nature, it is agreed that should there be formal or legal proceedings (such as, but not limited to employment or educational disputes, divorce and custody disputes, personal injury, educational mitigating circumstances etc). Neither You nor Your legal representative, nor anyone else acting on Your behalf will call on me/us to provide a report, letter or to testify in court or at any other proceedings.
16.2. If at any stage You become aware that there is a possibility that You will be involved in litigation or legal proceedings, You agree to let me/us know at the earliest possibility so that any potential risks of any dual relationships or conflict of interests can be discussed and resolved.
- Fees and payment
17.1. The rates for self-funded support sessions/ interventions are available through the website. Payment is required at the end of each session by cash or card; or before each session if You prefer to pay online via PayPal. Arrangements with Employee Assistance Programmes (EAP) and Health Insurance providers will be discussed on a case-by-case basis. You are also bound by any terms of business between You and Your insurance or EAP company. I/We may be asked to agree to separate terms of business and fees with Your insurance company or EAP provider if Your sessions are being funded by an insurance or EAP company. If for any reason, Your insurance company or EAP provider does not pay the fees for Your treatment, I/We reserve the right to invoice You in respect of our fees which will be payable within 14 days from the date of our invoice. Please note that insurance companies, EAP providers, insurance brokers and other third parties involved in the process of paying Your fees or processing Your insurance claim may require us to disclose personal data relating to You in order to process Your claim. You agree that I/We may disclose any required information to insurance companies, EAP providers, insurance brokers and other parties about You and Your treatment to enable Your insurance claim to be processed. Fees for self-funding clients are revised annually in February of each year and You will be provided with written notice of any changes in the fees charged.
- Initial sessions and ongoing Support
18.1. The initial three sessions form part of Your initial assessment to explore the presenting issue and discuss how we will address it. No further obligation is assumed by either party because of attending the initial sessions. After the three initial sessions, You may decide that You do not want to continue any further or I/We may decide that the areas that You want to work on may be met via another area of expertise and experience, in which case You may be referred to another professional (where reasonably practicable).
18.2. The usual frequency of sessions is weekly and booked at the same time and day each week. Session availability cannot be guaranteed, if booked on an ad hoc basis and/or infrequently.
- Sessions and cancellations
19.1. Sessions are for 60-minute duration and the same day and time will be reserved for You each week unless we negotiate otherwise. Since ongoing support may involve the reservation of a time specifically for each client, a minimum of 24 hours’ notice is required for re-scheduling or cancelling an appointment. Unless a different agreement is reached and confirmed in writing, the full fee will be charged for sessions that You do not attend or arrive on time without providing at least 24 hours of notification of cancellation or rescheduling.
19.2. It is expected that the session will begin at the agreed time. Any session that begins after this time due to Your late arrival for whatever reason cannot be extended beyond the agreed finish time. If You do not arrive or call us within 15 minutes of the agreed appointment, this will be considered a cancellation without the required 24-hour notice being provided and I/We may not be available for the remainder of the session. For a couples’, family, or small group session, all the required individuals need to be present for the session to start.
19.3. If for any reason I/We must cancel a session, I/We will aim to provide You with 48 hours’ notice where this is possible, and You will not be charged for the session. I/We will also give 4 weeks’ notice of any planned holiday dates when I/We will be unavailable. You are required to provide at least 2 weeks’ notice in relation to any holiday dates.
- Regular reviews
20.1. Working towards the goals of your sessions requires effort, active involvement, and honesty on Your part. During the first session and throughout the scope of our work together, I/We will discuss with You Your understanding of the problem, goals, objectives, support and plans for moving forward. Your views regarding the possible outcomes of the interventions will also be sought. Exploration of the issues required to address the identified plans that we devise in meeting Your needs will require that You expressly recall and talk about events, feelings or thoughts which could give rise to unpleasant feelings and in extreme cases, physical symptoms such as insomnia. I/We will ask for Your feedback and views on Your intervention and its progress. It is important that You are as honest as possible so that I/We can monitor and respond to any concerns that You may have.
- Ending Support Sessions
21.1. Regular reviews of Your sessions will help determine the full duration of the input. During the initial assessment and the first two sessions following that, I/We will discuss with You whether further Support Sessions with us will be of benefit to You. If You have requested video call (e.g., Facetime, Skype or Zoom) or telephone Support, the assessment will include Your suitability for this medium of intervention. I/We would love to arrange face-to-face support sessions where this is reasonably practicable, but we appreciate that this may present challenges at various intervals. If at any point during the Support Sessions, I/We assess that I/We am/are not effective in helping You reach Your goals, I/We am/are obliged to discuss this with You, up to and including termination of our engagement.
21.2. Support may need to be terminated if less than half of the weekly (or mutually agreed frequency) sessions are attended in any two-month period. Support requires an ongoing commitment to be effective and for ethical reasons, I/We cannot provide support services when I/We do not deem that they will be beneficial to You.
21.3. I/We reserve the right to terminate this agreement at any time if in My/ Our opinion You are not likely to benefit from ongoing Support Sessions with Myself/ Ourselves. I may also terminate this Agreement by giving You one week’s notice of termination.
21.4. You have the right to terminate support sessions at any time for whatever the reason. I/We will always respect Your decision. You are required to give at least one week’s notice before terminating Your Support Sessions to allow time in the final session to discuss Your reasons, progress made and possible referrals for ongoing support.
- Issues specific to Video-call (e.g. Facetime, Skype & Zoom) and Telephone Support
22.1. Should either You or I/We experience difficulties ‘attending’ a session because of technical reasons, we should both endeavour to let the other person know immediately and allow time to try to connect again or to have input via another method. If You have paid for a session but are unable to attend the session at the agreed time, the full fee charged for the session will be retained and will not be refundable.
22.2. It is important for You to ensure that the environment You work and live in allows You the physical and emotional safety and privacy to express Yourself freely for a remote Support Session to take place. It is Your responsibility to ensure that the technology that You use is secure and that precautions are put in place in Your surroundings to safeguard confidentiality of information relating to You.
- Entire Agreement
23.1. This agreement constitutes the entire agreement between the parties. You acknowledge that You have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of myself/ ourselves which is not set out in this agreement.
24.1. Any notice or other communication given to a party under or in connection with this Agreement shall be in writing, addressed to that party at the address for that party contained in this agreement or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service, commercial courier, fax, or e-mail. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
25.1. If any provision or part-provision of this agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
26.1. A waiver of any right under this agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy.
26. 2 Furthermore, no single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
27. Third parties
27.1. A person who is not a party to this agreement shall not have any rights to enforce its terms.
28.1. Except as set out in these terms, no variation of this agreement, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by representatives of People-Progress.
- Dispute Resolution
29.1. The parties in this Agreement agree that prior to commencing any litigation arising from or in connection with this agreement; they shall enter an alternative dispute resolution process for the purposes of resolving any disputes between them. This may initially involve an informal settlement meeting between You and I/Us to attempt to resolve the matter. If any dispute arises in connection with this agreement and this is not resolved at an informal settlement meeting as aforementioned, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing via an Alternative Dispute Resolution (ADR) Notice to the other party to the dispute requesting mediation. A copy of the request should be sent to CEDR. Unless otherwise agreed, the mediation will start not later than 28 days after the date of the ADR Notice. No party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated, or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by an unreasonable delay by reason of the failure of the other party. Nothing in this Agreement shall affect one’s ability to commence litigation in respect of recovering any outstanding fees owed by You or any third party in respect of support sessions or other services without the need to engage in Alternative Dispute Resolution as described in this Agreement.
- Governing law and Jurisdiction
30.1. 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 the law of England. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
31.1. You agree that Your continued use of the services provide by People-Progress constitutes Your approval and acceptance of the terms within this agreement.
31.2. These terms and conditions provide a useful framework for moving forward. It is also an important point of reference if You need some clarity about our contractual relationship. If You have any questions or if any of these terms are not clear, please contact firstname.lastname@example.org