Terms and Conditions 

These Terms and Conditions, form the basis of the Agreement between you and the Clinic.  By registering with the Clinic, you agree to be bound by these Terms. 

1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1 Definitions:

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5.

Commencement Date: has the meaning given in clause 2.2.

Conditions: these terms and conditions as amended from time to time in accordance with clause 11.5.

Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.

Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.

“Patient”, “you” or “customer” means the person to whom the Services are provided.

“Practitioners” are the professionals who deliver the Services at the Clinic’s premises.

Customer Default: has the meaning set out in clause 4.2.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Order: the Customer's order for Services as set out in the Customer's purchase order form, the Customer's written acceptance of a quotation by the Supplier, or overleaf, as the case may be. 

Services: refers to the services we are engaged to provide under the Agreement, which encompass osteopathy, sports injury therapy and relaxing massage.

Session: a scheduled appointment during which a massage service is provided to the client. The duration of the session will be agreed upon in advance and will typically include the time spent on consultation, the massage itself, and any necessary aftercare instructions. Each session is tailored to the client's specific needs and may vary in length depending on the type of massage and the individual requirements of the client.

Specification: the description or specification of the Services provided in writing by the Supplier to the Customer.

Supplier: Wellnatomy Limited of flat 2 Vibeca Apartments, 7 Chicksand Street, London, United Kingdom, E1 5LD is registered in England and Wales with company number 15658288.

Supplier Materials: has the meaning set out in clause 4.1(g).

1.2 Interpretation:

(a) Unless expressly provided otherwise in this Contract, a reference to legislation or a legislative provision:

(i) is a reference to it as it is in force as at the date of this Contract; and

(ii) shall include all subordinate legislation made as at the date of this Contract under that legislation or legislative provision.

(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

(c) A reference to writing or written includes email. 

2. Basis of contract

2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

2.2 The offer constitutes an offer by the customer to purchase services in accordance with this Conditions.

2.3 The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date). 

2.4 Appointments can be made in person, online, by telephone, or via email. Our online booking system is accessible [here].

2.5 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier's catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force. 

2.6 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.7 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.

3. Supply of Services

3.1 The Supplier shall supply the Services to the Customer in accordance with the Specification in all material respects. This includes adhering to the type of massage requested, the duration of the session, and any specific requirements outlined at the time of booking.

3.2 The Supplier shall use all reasonable endeavours to meet any performance dates specified in the booking confirmation. However, any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

3.3 The Supplier reserves the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.

3.4 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill. 

4. Nature of Services and Practitioner Qualifications

4.1 All massage treatments offered by Supplier are intended solely for relaxation and wellness purposes. These services are not designed, intended, or suitable for diagnosing, treating, or preventing any medical condition or illness.

4.2 Our practitioners are trained and skilled in various massage techniques; however, they are not licensed medical doctors. They do not hold medical certifications and are not authorised to provide medical advice or treatment. Clients seeking medical treatment should consult a qualified healthcare professional.

4.3 Before commencing any treatment, our practitioners will conduct a basic health assessment to ensure that the massage is safe and appropriate for your individual health condition. Clients are encouraged to disclose any relevant health information or concerns prior to treatment. 

4.4 During your consultation and subsequent sessions, your Practitioner will take the time to explain the potential risks and benefits associated with each treatment method. While every effort will be made to ensure a positive outcome, it is important to understand that no clinical procedure is entirely without risk, and the results of any treatment cannot be guaranteed.

4.5 If you have any questions or concerns, please raise them with your Practitioner. Should any issues arise during your care, your Practitioner will be transparent and forthcoming in addressing them with you.

5. Booking and Appointments

5.1 Appointments can be made as per clause 2.4 above

5.2 Upon successful booking, our system will send a confirmation email detailing the time and date of your appointment. Additionally, a reminder email will be sent [one day] prior to your scheduled session. A reminder will be sent to the provided email address with information about what to expect from the session and any items you should bring.

5.3 All patients must complete the registration process prior to attending their appointment. A link to the registration forms will be included in the appointment confirmation email. If you are unable to complete the forms online or require assistance, please contact the clinic to arrange for paper forms to be provided.

5.4 All children under the age of sixteen (16) must be registered by their parent or legal guardian and must be accompanied by them during their treatment. If a parent or guardian signs a Consent Form on behalf of a child, they agree to be bound by these Terms, even in the event that the child does not comply with or breaches any part of these Terms.

6. Late Cancellations and Missed Appointments

6.1 We ask that cancellations or rescheduling of appointments be made at least 24 hours in advance to allow us to offer the time slot to other customers on our waiting list. Cancellations or missed appointments made with less than 24 hours' notice will incur a cancellation fee, as specified in our fee schedule. Exceptions may apply in cases of genuine emergencies or illness.

6.2 The cancellation fee will be invoiced separately and is due within 30 days. Failure to settle the fee may result in further action, including legal proceedings. 

6.3 Consistent missed appointments may lead to the denial of future bookings.

6.4 In the event of unexpected staff illness or absence, we may need to reschedule your appointment, unless you agree to have a session with another practitioner. We will inform you promptly and arrange a new appointment at a convenient time for you. No discounts will be offered in such cases.

7. Consent 

7.1 Before the session begins, your consent will be obtained. Upon a health assessment, your practitioner will inform you of the treatment options available to you. 

7.2 It is your responsibility to ensure that the agreed-upon treatment plan accurately reflects your preferences, as discussed with your practitioner. You are free to withdraw your consent at any time during the course of your treatment.

8. Customer's obligations 

8.1 The Customer shall:

(a) ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;

(b) co-operate with the Supplier in all matters relating to the Services;

(c) provide the Supplier and its practitioners, with access to the Customer's premises, office accommodation and other facilities as reasonably required by the Supplier;

(d) provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; 

(e) [prepare the Customer's premises for the supply of the Services;]

(f) comply with any additional obligations as set out in the Specification 

8.2 If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

(a) without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;

(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 8.2; and

(c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

9. Charges and payment

9.1 The Charges for the Services shall be calculated on a time and materials basis:

(a) the Charges shall be calculated in accordance with the Supplier's daily fee rates, as set out in its current price list at the date of the Contract displayed on its website or the Order;

(b) the Supplier's daily fee rates for each individual are calculated on the basis of an eight-hour day from 8.00 am to 5.00 pm worked on Business Days; 

(c) the Supplier shall be entitled to charge an overtime rate of 15 % of the daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages on the Services outside the hours referred to in clause 5.1(b); and

(d) the Supplier shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom the Supplier engages in connection with the Services including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by the Supplier for the performance of the Services, and for the cost of any materials.

9.2 The Supplier reserves the right to increase the Charges on an annual basis with effect from each anniversary of the Commencement Date in line with the percentage increase in the Retail Prices Index in the preceding 12-month period and the first such increase shall take effect on the first anniversary of the Commencement Date and shall be based on the latest available figure for the percentage increase in the Retail Prices Index.

9.3 Unless otherwise agreed with the Clinic, payment for the Services is due immediately after each appointment. The total fee must be paid in full and is non-refundable. If the full payment is not made on the day of treatment, we will not accept any future bookings until all outstanding balances have been cleared. Refunds for treatments will only be issued if we acknowledge that the service provided did not meet the professional standards we aim to uphold.Payments can be made via debit or credit card, cash or online transfer.

9.4 Subject to prior agreement between the parties, the Customer shall pay each invoice on completion of the services submitted by the Supplier:

(a) within 30 days of the date of the invoice or in accordance with any credit terms agreed by the Supplier and confirmed in writing to the Customer; and

(b) in full and in cleared funds to a bank account nominated in writing by the Supplier, and

time for payment shall be of the essence of the Contract.

9.5 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services. 

9.6 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier's remedies under clause 9, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 5.6 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

9.7 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

10. Intellectual property rights 

10.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Supplier. 

11. Limitation of liability: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

12. General

12.1 Force majeure. We reserve the right to delay or cancel the delivery of Services, or reduce the amount of Services provided, in the event of a Force Majeure occurrence.Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. 

12.2 Assignment and other dealings.

(a) The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

(b) The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier.

12.3 Confidentiality.

(a) We are committed to maintaining the confidentiality of all our patients. Any information you provide to us will be treated as confidential and, in accordance with our Privacy Policy, will not be disclosed to any third party outside the Clinic without your explicit consent or as required by law.

(b) To respect the privacy of all our patients, we also ask that you keep confidential any information you may learn during your visits to the Clinic, including the identities of other patients you may encounter in our shared spaces.

(c) Each party undertakes that it shall not at any time during the Contract, and for a period of two years after termination or expiry of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 11.3 (d).

(d) Each party may disclose the other party's confidential information:

(i) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 11.3; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(e) Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.

12.4 Entire agreement.

(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

12.5 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

12.6 If there is any conflict between these Terms, the Privacy Policy and Consent Form, these Terms will take precedence followed by the Privacy Policy. If there is any inconsistency between this Agreement and any marketing material, this Agreement will take precedence. 

12.7 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

12.8 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract deleted under this clause 11.7 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

12.9 Notices.

12.10 Any notice given to a party under or in connection with the Contract shall be in writing and shall be: 

(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or 

(b) alexdimov

12.11 Any notice shall be deemed to have been received:

(i) if delivered by hand, at the time the notice is left at the proper address;

(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

(iii) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 11.8(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

12.12 This clause 11.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

12.13 Third party rights. 

(a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

(b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.

12.14 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

12.15 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.