Shawe Physio Healthcare Plan Membership Agreement
These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us. Please ensure that you read and understand these Terms and Conditions because you will be bound by them.
- All treatment will be carried out on site or as a home visit by Shawe Physio Ltd and the staff it employs
- “Clinic Rules” means the rules and regulations governing the use of the SHawe Physio Clinics.
- “Shawe Physio Healthcare Plan” “General Health Plan” “Total Health Plank” Apex Health Plan” “us” “we” and “our” means Your Shawe Physio Ltd.
- “Member” “you” and “your” means on-going direct debit, card payers, and annual prepaid members.
- “PIN”-means personal membership number.
2. Membership options
- Monthly memberships entitle you to use the services of Shawe Physio on a monthly / annual basis subject to clause 4C) below and inline with your membership level entitlement.
- “General Health Plans” monthly direct debit entitles you to use the services for one 30 minute session only at the Shawe Physio Clinic or Home Visits within 5km of Fawkon Walk Hoddesdon subject to 4C) below and a six session credit will be issued with the purchase of a Basics Membership, which expires within 12 months of purchase. By agreeing to this membership package you will be committed to make all 12 monthly Direct Debit payments on this plan. A new 12 month agreement will commence after the previous 12 month agreement has expired, notification of this will be given 1 month prior to this. You will have a 14 day grace period from the commencement of this plan in which to cancel, beyond which the cancellation will include a surcharge of 50% of the remaining payment for the contract period.
- “Total” and “Apex Health Plans” monthly direct debit memberships allow you the use of the services of Shawe Physio for the stated number of times in line with your membership level entitlement, per calendar month throughout a 12-month period subject to clause 4(C) below. y agreeing to this membership package you will be committed to make all 12 monthly Direct Debit payments on this plan. A new 12 month agreement will commence after the membership agreement has expired, notification of this will be given 1 month prior to this. You will have a 14 day grace period from the commencement of this plan in which to cancel, beyond which the cancellation will include a surcharge of 50% of the remaining payment for the contract period.
- Self Funding Outside of Shawe Physio included benefit. All Shawe Physio Health Plan members, regardless of their membership level, will receive 10% discount on services above and beyond their level of monthly / annual entitlement when receiving these on a self funding basis, at Shawe Physio
3. Your Membership
- You must be over the age of 12 to hold a Shawe Physio plan in your name, and over the age of 16 to purchase it for yourself.
- On entry into this Membership Agreement and every time you enter the Shawe Physio Clinic during your membership, you warrant and represent to Shawe Physio that you have no medical conditions known to you that would mean that you are not capable of completing interventions without the need of acute primary medical care. If in doubt, it is your sole responsibility to consult a medical practitioner or to cancel your membership.
- You will receive a PIN when you join any of our membership packages. On your first visit you must present your PIN in order to gain access into the Clinic. If you forget your PIN, the Clinic may need to see proof of identity. If you have forgotten your PIN, you will need to request replacement by emailing firstname.lastname@example.org
- Your membership allows you to access Shawe Physio in accordance with the type of membership option that you have selected as set out above.
- Your membership applies to you personally: you cannot lend, assign or transfer it to another person.
- We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
- We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.
4. PAYMENT OF FEES
- By completing the online or paper application form and agreeing to be bound by these Terms and Conditions; you agree to pay all Shawe Physio membership and other fees on time.
- We will not charge you a Joining fee in addition to your monthly, annual prepaid or other member fees.
- Payment is taken by monthly card charges: Your first month’s membership fees are collected from you by us by card payment 3-5 working days from your membership application date and are non-refundable under any circumstances. Your second and subsequent monthly membership fees will be collected from you on the 3rd of each following month via card payment.
- Your membership fees are subject to periodic increases and we reserve the right to pass on any changes in the rate of VAT to you. Fees will normally be reviewed on an annual basis but circumstances may dictate an earlier revision. You will normally be given one months-notice of any fee change. Membership due for prepaid annual memberships will be reviewed only on renewal.
- All payments made are non-refundable under any circumstances.
- Failure of payment will result in your membership being frozen, until the payment has been successfully collected. During the period of time between the failed payment and rectifying this, you will be unable to access services under you plan, and will not receive the 10% member discount on self funding fees for any services. You have 14 days to reinstate payment of your fees for the remainder of your agreed plan life. If you fail to reinstate fee payment you will be removed from the Shawe Physio Health Plan register, and will not be able to register as a Shawe Physio Health Care Plan member again for a period of 24 months. The Shawe Physio management also reserve the right to regain any costs incurred, from you, by any means necessary, and will pursue suitable settlement of outstanding monies should members not honour the goodwill of services rendered prior to full payment of these services by the completion of a full 12 month cycle.
5. FACILITIES AND SERVICES
- In order to gain access to services at our Clinic you must provide your PIN information at all times.
- You must not share your PIN or permit its use by anybody else. Failure to comply will result in the cancellation of membership.
- You acknowledge that to provide the highest standards of facilities, our clinic may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of services to you and agree that such disruption shall not amount to a breach of this agreement by us. Should such incidents occur calendar month specific entitlements will roll over into the next calendar month.
- Opening hours are subject to change and we will normally provide 1 month’s written notice where reasonably practicable.
6. CLINIC USAGE
- It is your responsibility to familiarise yourself with the Shawe Phyio’s Clinic Health & Safety Policy before use. The Clinic Policies are available on request from your chosen clinic should you wish. We may cancel or suspend your membership without notice if you break these rules.
- You must wear appropriate clothes and shoes within the Shawe Physio Clinic. All staff and members of the public should have their dignity preserved, and your clothing should be conducive to the service you have requested.
- All clinical and waiting room furniture and equipment should be respected and not intentionally damaged at all times. Failure to comply will result in the suspension or cancellation of membership and you will be liable to pay for any negligent or deliberate damage to property.
- Please keep personal items of luggage to a minimum to ensure safe ambulation for all around the clinical and waiting areas.
- You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members of the clinic or clinic staff.
- The use of cameras or phones whilst in a clinical or waiting area is not permitted unless agreed specifically by all others in the vicinity.
- Smoking is not allowed in any part of our Clinic. Possession of alcohol, narcotics or other mood-altering substances is not permitted, neither is the use of clinic services while under the influence of any of these substances.
- We may refuse admission too, or ask you to leave the Clinic if Shawe Physio management reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave the Clinic in such circumstances.
- Members must secure their personal belongings on their person or in an agreed place with your clinician all times whilst using a Clinic’s facilities. Your property is entirely at your own risk.
- You are responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you must consult one of our representatives before use.
- We require at least 24 hours notice if you are unable to attend or need to rearrange and appointment. As appointments are booked in and agreed with you, it is your responsibility to give the appropriate notice if you need to alter these agreed appointments. Failure to comply with this, with cancellation, postponement or non-attendance (DNA) of appointments not being within the specified timescale, you will lose a portion of your monthly / annual benefit in line with if you had attended the session. If this is an additional self funded session the Clinic reserves the right to pursue payment in line with our standard cancellation and non-attendance policy.
- Monthly inclusive benefit is non accumulative and therefore can’t be carried over into the next month. Your entitlement runs from calendar month to calendar month. Your benefit entitlement is therefore reset on the first of each month and any non-used sessions from the previous month are forfeited. Annual benefits can be used at any point during the 12 month plan, but can not roll over into the next 12 month period, so any sessions not used are also forfeited. Extenuating circumstances may be considered and may allow carry over of sessions to following months if provided in writing with supporting evidence / documentation as appropriate. Please ask clinic administration for further details.
7. DATA COLLECTION
- In the course of your membership, Shawe Physio may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications. You have the duty to keep your personal information up to date and to inform us of any significant changes.
- We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make your personal information available to third parties such as legal authorities, our group companies and professional advisors.
- Please contact the Shawe Physio management through our website if you have any questions or concerns about how Shawe Physio Health Plans will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
- We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
- As a member of Shawe Physio Health Plans, you acknowledge that you have read and understand the provisions of this, paragraph 7 and that you agree that Shawe Physio may collect, use, process and disclose your personal information as described.
8. CANCELLATION BY YOU – Cancellation of your membership
- Monthly Direct Debit Membership: You may cancel your membership by cancelling your direct debit after the payment of the 12 month’s fees, and no less than 5 working days before your next direct debit is due. Your cancellation will take effect at the end of the month for which the final direct debit payment has been paid. Should you wish to cancel prior to this 12 month period you can apply to Shawe Physio management through the contact form at shawephysio.com, and we will apply a ‘fair usage’ policy on a case by case basis. Fair usage will be deemed if you have not used more benefit than your payments to date can cover, in conjunction with the accompanying reasons for the required early cancellation. Early cancellation will be subject to an early cancelation fee of 15% of the remaining value of your 12 month plan. Shawe Physio management’s decision on early cancellation is final.
Cancellation by us:
- We may cancel your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of the Shawe Physio Rules, abuse or threatening behaviour or vandalism or other illegal activity.
- We may cancel your membership with immediate effect if:
- you have breached any terms and conditions of this agreement; or
- membership fees or other charges remain unpaid 7 days after the due date and such a
- breach is not remedied by you within seven days, after being notified by us.
- We may have to cancel your membership with immediate effect if Shawe Physio permanently ceases operation. In these circumstances, we will make arrangements for your membership to refunded by cheque to your registered postal address. Shawe Physio management’s decision on this is final.
9. FORCE MAJEURE
- For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of Shawe Physio including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- Shawe Physio shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
- If the Force Majeure Event prevents Shawe Physio from providing any of the services for more than 90 days, Shawe Physio may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.
- Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
- Where a provision of this agreement is deemed to be invalid or unenforceable by any English Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
- We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
- All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Shawe Physio.
- Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.
- Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
- This agreement shall be governed by English law and the English courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.