The terms set out below have the following meanings in these terms and conditions:
- Appointment/ treatment/ session means allocated clinic time by the Therapist.
- Client/you means the person named in the Pre-Session Form and/or proposal document.
- Data means personal contact information and treatment records.
- Order means your order for the Services, made via face to face, email, telephone or other electronic communication.
- Pay as you go (PAYG) means sessions on an individual basis and not part of a set treatment program.
- Pain Free Ninja/We/Us means Venard Fong trading as Pain Free Ninja of Portal Business Centre, Thursby House, 1 Thursby Road, Bromborough, CH62 3PW.
- Pre-Session Form means the questionnaire provided by Pain Free Ninja prior to the assessment session.
- Proposal means the written proposal of treatment and Programme provided by us.
- Programme means the particular treatment programme to be provided by Pain Free Ninja including without limitation, the ‘Everyday Body Programme’, ‘No Weak Links Performance Programme’, ‘Results Programme’ and ‘Intensive Clinics’- 1/2, 1 1/2 and 2 day.
- Services means the assessment, corrective treatment, process (including the RS3 process) advice and guidance undertaken as part of the Programme.
- Terms means these terms and conditions.
- Therapist means the person named as undertaking the assessments and corrective treatment.
- Working day means a day other than a Saturday, Sunday or bank holiday in England and Wales.
These Terms govern the provision of our Services and will form the basis of the contract between us and you. Before submitting your Order or by making payment, completing the Pre-Session Form, arranging a session or attending our clinic you should ensure that you have read these Terms and our Proposal carefully. You agree that these Terms shall apply to your Order, the contract, your treatment and/or the Services and you undertake not to introduce or purport to introduce or rely on any terms and conditions other than these Terms.
Nothing provided by us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our discretion, accept.
A legally binding contract between us and you will be created upon our acceptance of your Order, indicated by our confirmation.
Your Order must be made within 7 days of us sending to you the Proposal. The details of the Proposal may be changed or withdrawn at our discretion at any time prior to confirmation of your Order.
All Orders for Services made by you will be subject to these Terms.
You may change your Order at any time before we begin providing the Services by contacting us at email@example.com If your Order is changed we will inform you of any change to the price in writing.
If you change your mind, you may cancel your Order at any time either before we begin providing the Services or, subject to limitations, once the Services have begun by contacting us by email. We may cancel your Order at any time before we begin providing the Services in the following circumstances:
- The required personnel and/or required materials necessary for the provision of the Services are not available;
- An event outside of our control continues for more than 7 days;
- We have not received the correct payment.
If we cancel your Order and you have already made any payment to us, the payment will be refunded to you within 14 calendar days.
Payment & Fees
- Payment must be received in full before treatment sessions can be confirmed by us.
- Prices may be subject to change without notice.
- Once payment is received your session will be confirmed and booked within a working day. Any payments received will only be refunded with respect to the first treatment. No refunds will be given before or after that session.
- A fee may be charged where you request a copy of your client notes.
- A fee may be charged for the assessment session. This fee may be deducted from the main treatment fee. The deductions shall not apply if the follow-up session is not undertaken within the time provided by us or if the Client requests an extension of time for the follow-up session.
- Where a payment plan is agreed the Services will commence on receipt by us of the complete payment.
Bookings and Attendance
- All treatments must be booked in advance.
- Attendance will be logged on the clinic diary and at the clinic venue.
- All appointments must be made by email, whether for face to face, phone or video consultations.
- If a client is late for an appointment the time will not be extended, therefore you are reducing the time your therapist can spend with you by being late.
- If the client has to cancel an appointment, this must be done by email and alternative dates and time must be included in that email.
- A session must be cancelled in writing no later than 24 hours before it is due to start. Notification within 24 hours will result in the session being classed as held and payment not refunded / transferred to another session at our discretion.
- Once a session is booked it may only be moved once before this session is classed as held and payment not refunded / transferred to another session.
- Where a payment plan has been agreed and the Client decides not to complete the sessions we shall be entitled to retain the payments as permitted by law.
- We offer a guarantee for the first session only that if there is no improvement in at least one of the following: the way you move/ pain levels/ performance/ mobility/ flexibility/ strength/ co-ordination, during that session we will give you a full refund. If an underlying issue is required and higher priority to be treated BEFORE the primary complaint area, then this will also count as part of the guarantee. Full 100% improvement may not occur in the first session.
- During the first session only, if we cannot find the contributing area for your pain we will offer you a complete refund. Once the first session has been completed (the client has left the place of treatment/ call finished), the treatments will run its course until the result has been achieved or if either party defaults on the agreement.
- For intensive clinics, we offer the guarantee for the first session or day that if there is no improvement in at least one of the following: the way you move/ pain levels/ performance/ mobility/ flexibility/ strength/ co-ordination, during that session we will give you a full refund. If an underlying issue is required and higher priority to be treated BEFORE the primary complaint area, then this will also count as part of the guarantee. If there is an improvement in another underlying problem that is not the primary complaint, this will still count as an improvement.
- Full 100% improvement may not occur in the first session.
- The client acknowledges that the Therapist is unable to guarantee a particular level of success or result as these are dependent on many factors.
- We offer a 90 calendar day warranty that if the exact same pain, in the exact same location comes back within this timescale we will treat the specific issue at no additional cost. Should the pain be in a different area or feels different this will class as new pain issues and be treated as a new enquiry. This does not apply to the pay per hour/ session service and can be added as an extra and a chargeable fee. This may be withdrawn or length of warranty amended if a date extension or revision to the proposal has been requested.
- During the first session if you feel the fit is not right, whether that be personality, advice, or anything, let us know and we will give you a complete refund and all further sessions shall be cancelled.
- During the first session if we feel we are not the best fit or unable to help you, you will be given a complete refund and all further session are cancelled.
- Refunds will only be processed in the form the payment was made. E.g. If paid in person via card terminal, refund will be only via that method. If via Paypal, refund will be via Paypal.
Discharge and final outcome.
- The Client will be discharged when the primary issue has been resolved or both parties agree the pain reduction is the lowest it can be. In both cases the therapist and the client will agree the resolution or reduction status. The 90 calendar day guarantee only applies in this instance. It does not apply to the instances in the points outlined below.
- The Client acknowledges that their results are individual and may differ from past client reports and testimonials.
- The Client has been transferred to another recommended therapist better able to treat the cause of the pain. This will be agreed in writing between the new therapist and your Pain Free Ninja Therapist.
- The Client does not contact Pain Free Ninja within 14 calendar days from previous contact (unless otherwise agreed in writing).
- It is factors outside of the physical issue that may be causing the issue- psychosomatic, environmental issues, nutritional, lifestyle etc. This list is not exhaustive.
- If you fail to disclose at the first consultation all medical history, no matter how old or unimportant you think it may be this contract is null and void and no refund will be given.
- Your Pain Free Ninja Therapist may give you exercises to do between treatments. Your progress will be measured by an assessment at the start of the next treatment and if it is found you have gone for 2 consultations without completing the exercises you will be discharged and no refund will be given.
- If you miss two (2) consecutive appointments and the clinic is not notified before or during that allocated appointment session, you will be discharged and no refund will be given.
- In all instances your Therapist will reserve the right to remove any of its personnel from a treatment if it is deemed unsafe or if they are subjected to abusive or aggressive behaviour in any form. This includes verbal, physical, written, implied or actual. You will be immediately discharged and no refund will be given.
- If you fail to seek help on the recommendation of your Therapist when referred to a colleague you will be discharged. There will be no refunds upon discharge. All remaining sessions are voided.
Video Clinic (Online Clinic/ Telehealth Clinic)
- All video clinic sessions will take place on the platform Zoom (or similar platform) and recorded for record keeping and monitoring progress.
- Due to the nature of this clinic, over distance, using movements/ exercises and your hands doing the corrective work, results can be on par with in person clinic, but it may also vary (take longer) to achieve the required results.
- As there is no direct hands on work by the therapist, video clinic can only advise on the correctives to do based on skills, knowledge, experience and results from past clients. Therefore the advice given in the calls will be advisory.
- To gain most benefit of the video clinic, a laptop/ desktop or tablet with a minimum of 10 inch screen in landscape mode, strong and stable internet connection (WiFi/ Wired or 4G mobile data) and in a well lit and spacious room with minimal disturbance is recommended.
- If the above is not possible, then video clinic will not be suitable for you and in- person sessions are best. You can upgrade to the in-person clinic at any time (prior to commencement of video clinic or part way through video clinic) for faster results. Once in-person clinic has commenced, downgrading to video clinic is not possible.
- The rest of the terms and conditions (guarantees, refund, fees, attendance, etc) also apply to the video clinic.
Pay as you go (PAYG)
This includes pay per hour/ pay per session service.
This section only applies where this service is offered.
These Terms apply to PAYG service with the following exceptions:
- For best progress and to monitor changes and improvement, we recommend follow up sessions set 7 to 21 days apart. A break in between treatment sessions of more than 28 calendar days (unless otherwise agreed) with no contact and the issue will be viewed and treated as a new case.
- Once this service has commenced, the Client will remain on this service until discharged. Transfer/ upgrade to treatment package is not possible. There are no refunds for previous/ past treatment sessions.
External consultations and treatments
- If you seek advice or treatment from any other therapist or medical specialist without our written consent, the Contract is voided, you will be immediately discharged and no refund will be given.
- Where a video exercise plan is provided, it is the Client’s responsibility to advise their Pain Free Ninja Therapist of any problems, queries or issues within 48 hours of it being sent.
- Your health, your pain is your responsibility, without you taking ownership for committing to the exercise between treatments, what we provide can only improve your condition but may not help you achieve being pain free.
- We may choose to share your experience on our website success story page and on social media. If we do, only your first name will be used and you will not be identified. Should wish not to be used as a success story you must notify us before your first consultation commences.
- Individual results may vary and differ from success stories seen on website, social media and other marketing channels.The client grants Pain Free Ninja/ clinic owner irrevocable, worldwide, royalty-free use of their testimonial for the purpose of promotion and marketing to showcase its products and services to other customers and prospective customers.
- We may share your Data with other medical and health professionals regarding your current treatment but only with your prior permission. Your Pain Free Ninja Therapist will not disclose your Data to any 3rd party unless obliged to do so by law.
- All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Notice.
We will not be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence (including that of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. We shall not be liable for any consequential or indirect costs or losses.
The amount of liability shall be limited to the costs of the session paid by the Client in which the claim is made.
We provide the Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
Nothing in these Terms seeks to exclude or limit our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by us about the Services or about us.
Nothing in these Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office
Your Statutory Right to Cancel
As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 calendar days after the Contract between you and us is formed. You may cancel your Contract with us for any reason under this right. If you wish to cancel your Order before receiving our Order confirmation or if you wish to cancel the Contract after receiving the Order confirmation but before the Services begin, the below clause will not apply.
If you have requested that the Services begin within the 14 calendar day cancellation period your statutory right to cancel may be limited or lost.
By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that:
- If the Services are performed within the 14 calendar day cancellation period, you will lose your right to cancel after the Services are fully performed.
- If you cancel the Services after they have begun but are not yet complete (where applicable) you will be required to pay for the Services supplied up to the time at which you inform us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.
- If you wish to exercise your right to cancel, you must inform Us of your decision. You may do so in any way that is convenient for you. Please ensure that you inform us of your decision to cancel before the period expires (note that the cancellation period is defined as whole calendar days).
- We may ask you why you have chosen to cancel and may use any answers you provide to improve our services, however you are under no obligation to provide any details if you do not wish to.
The Therapist, clinic owner and venue owner are not responsible for any damage to vehicle or loss of belongings.
We recommend you to use the advised parking areas and are not responsible for any costs incurred if not used. This includes parking meters and fines.
The Therapist, clinic owner and venue owner are not responsible for any costs incurred travelling to and from for treatment sessions, both video clinic and in person sessions. This includes fuel costs, public transport fees, toll fees (where applicable), costs for accommodation (hotel/ bed and breakfast/ etc), time used from annual leave and other forms of leave/ holiday from employment, etc. This list is not exhaustive.
Pain Free Ninja are not responsible for the accuracy of the content from any website or links outside of its domain or in any forms of communication.
You may not transfer (assign) your obligations and rights under these Terms (and under the Contract, as applicable) without our express written permission.The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
Governing Law and Jurisdiction
These Terms, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in these Terms takes away or reduces your rights as a consumer to rely on those provisions.
Any dispute, controversy, proceedings or claim between you and us relating to these Terms, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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