Below are the terms and conditions on which we, FocusWave Clinic, provide our services (the 'Services').
The exact Services we will provide to you will depend on what we agree and what is the result of the Initial Assessment (see paragraph 1 below). Before you agree that we will provide Services to you and/or carry out the Initial Assessment, please read the terms and conditions. If you have questions concerning them please ask before entering into a contract with us.
Before we provide any Services, we shall perform an initial assessment of your needs and requirements ('Initial Assessment' ). An Initial Assessment consists of:
An Initial Assessment takes approximately 30-45 minutes and will involve talking about your past medical history and the issues relating to your condition. We will also require you to sign a consent for treatment form and release of information.
Please note that after the Initial Assessment has been carried out, we may decide that we cannot provide any Services if, for example, treatment for the condition may not be suitable or appropriate.
We will normally provide you with the Services only after an Initial Assessment has been carried out. If there is a significant period between an Initial Assessment and us providing the Services, we may ask you to confirm in writing that the Initial Assessment remains accurate, or ask you to undergo another Initial Assessment.
It is not possible that any particular result or outcome can be guaranteed as a result of us providing the Services. Our aim is to provide the Services using reasonable care and skill. Some patient's conditions may take longer than others to treat and we will regularly reassess the treatment plan.
If we have not agreed the number of sessions to be provided, we shall provide sessions on a session-by-session basis. We will agree the date and time of the first session and any subsequent sessions by telephone, in person or by e-mail.
Your rights and responsibilities following our reasonable instructions
In order for us to provide proper treatment, we will give reasonable instructions which you should follow. This will include, for example, removing some items of clothing for many conditions to be treated.
We may set you assignments to be completed between sessions. You are not obliged to complete these assignments; but if you do not complete them, your progress in achieving the desired outcomes may be slowed down.
Stopping a Session
We may stop a session at any time and not continue it if we consider that you are not following our reasonable instructions. If this happens, you will still be liable (at our discretion) to pay the fee for that session.
Costs of sessions and payment fees
Our fees for each session are as confirmed by us to you. We will usually require you to provide credit card details. We will only take payment from that card if for any reason a fee for a session is not paid and we cannot recover that fee from you. If all fees have been paid and the treatments have concluded, we will destroy that copy of your credit card. In no circumstances will weprovide those card details to any third party.
You are personally liable to pay all of our fees and any surcharges incurred, such as any cancellation fees.
Notwithstanding the above proposal to take copies of your credit card to secure payment, we accept payment in cash or cheque. Payment will be by you to us at the end of each session for that session.
If you are late for a session or if you or us cancel or reschedule a session if you are late
If you are late arriving at a session, the session will begin on your arrival and continue until the time when it is scheduled to end. If you wish the session to overrun, and we agree, then you may be charged at our discretion for the extra time we spend in providing the Services.
If you cancel or do not turn up for a session
If you have booked a session and you cancel with less than 24 hours' notice or do not turn up for the session, then you are liable to pay the cost of that session. Please be aware that, in many cases, insurance companies will not pay our fees if you have not turned up or cancelled with less than 24 hours' notice and as is the case above, if your insurance company will not pay, you will be liable for such payment.
If we cancel
On occasion, we may have to cancel a scheduled session. This may occur, for example, if a staff member is sick or if a preceding session has overrun. If we have to cancel a scheduled session, we will book you another appointment as soon as reasonably possible. No charge will be made to you for the session cancelled by us.
We shall treat all personal and business information supplied by you as confidential. We shall not disclose such information to any third party without your prior permission, except where required by law or where action might be necessary to protect you or someone else.
We shall seek to enable you to achieve your desired outcomes. No outcome can be guaranteed, however, and you have sole responsibility for acting on any recommendations or advice FocusWave Clinic may give. We have no liability for any loss incurred by you, whether financial or otherwise, following our provision of the Services, nor for any perceived failure by you, whether justified or otherwise, to achieve your desired outcomes or goals.
Liability and indemnity Limitation on our liability to you
Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount (and not exceeding the amount you pay in total for the Services), having regard to such factors as whether the damage was due to a negligent act or omission by FocusWave Clinic Inc. Nothing in these conditions will limit our liability for death or personal injury caused by our negligence or the negligence or our employees, agents or subcontractors or fraud and fraudulent misrepresentation.
Limitation and exclusion of liability
We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, or for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Services. Except as set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract. This clause will survive the termination of the contract.
You agree that you will indemnify us against any and all loss or damage suffered, including any legal fees or costs, as a result of any breach of this agreement by you.
We may change any of these terms or conditions, including our fees.
In exceptional circumstances, such as illness or other commitments, inappropriate behaviour by you, refusal to be treated in a reasonable way, actual or potential conflict of interest, or other reasons, we may decide to terminate the Services early and or refuse or be unable to provide further sessions to you. In such circumstances, we shall give you reasonable notice of termination where practicable and will refund to you any advance payment made for sessions not yet provided.
If a court or any other competent authority finds that any provision of this contract (or any part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted and the validity and enforceability of the other provisions of the contract will not be affected.
Events outside our control
We will not be liable to you as a result of any delay or failure to perform our obligations under this contract as a result of any event beyond our control including but not limited to, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, fire, flood or storm or breakdown of machinery.
Contacting each other
If you wish to send any notice or letter then you should send it to our principal place of business or if none is apparent, the venue where your treatment takes place. If we wish to send you a letter or notice, we shall use the address you have given in the Initial Assessment.
Disputes and governing law
If you are unhappy with the Services FocusWave Clinic provides, we hope you will discuss any problems or issues with the practitioner who treated you first. If that does not resolve matters to your satisfaction, the matter will be referred to one of the practice directors who will handle the complaint. This agreement is governed and construed by Canadian law and the parties submit to the jurisdiction of the courts of Ontario.