Last Updated: 7th Aug, 2023
We agree to provide the physiotherapy services to you on the terms set out in this Agreement. This document represents the entire understanding between the Parties, and - except for those terms implied by law and which cannot be excluded and any other terms specifically incorporated by reference - no other terms apply.
Physiotherapy Consultations and/or exercise
You signify your consent to this Agreement by purchasing any physiotherapy services from Flexibility Matters Ltd trading as Flexibility Matters Physiotherapy. We do alter this Agreement from time to time, and you must review this document before each purchase.
If you are under 18 years of age, you must provide us with the written consent of your parent or guardian, who must also agree to -
be bound by this Agreement;
provide proper supervision in relation to the provision of information to us; and
provide proper supervision in relation to your use of our physiotherapy services
Using our Physiotherapy Services
Purpose and Nature of our Physiotherapy Services
You acknowledge that -
no online service is a perfect substitute for an "in person" consultation with a physiotherapist; and we are unable to guarantee that our treatments will result in a cure of your particular complaint or condition. We solely recommend treatments that we believe are likely (based upon our extensive experience and training) to be effective, but we cannot guarantee results.
Provision of Information by You
You acknowledge that in delivering our physiotherapy services, we are completely reliant upon the information that you provide us. In this regard, you agree to provide us with accurate and complete information in response to any of our online questionnaires and any follow-up questions which we ask of you; and any information which could reasonably be expected to be relevant to your condition or treatment.
Provision of Advice by Us
We agree to provide you with a written document containing your treatment/exercise programme or other requested information by email within 10 business days.
a. Full understanding required: You must not implement our treatment program or act on any advice unless you fully understand it. Please ask any questions before implementing any treatment program or acting on any advice provided by us.
b. Cessation: You must immediately cease using our treatment program and cease acting upon any advice given by us if you experience any pain or discomfort. In these circumstances, you must contact us as soon as possible to determine the next course of action.
c. Third persons: You must not provide our treatment program to any other person. We assume no duty of care in relation to any third persons.
Suitability of our Physiotherapy Services
It may become obvious to us that our physiotherapy services are not suitable for you. In these circumstances, we will not provide physiotherapy services to you. Instead, we will refund any money paid to you and will suggest an alternative course of action.
Contacting each other
The best way to communicate would be by email firstname.lastname@example.org
The Flexibility Matters Ltd and its contents are made available without warranties or guarantees of any kind and Flexibility Matters Ltd, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, advice, goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from performing any exercise described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.
You should always consult a doctor before starting a fitness program or changing your diet. Not all exercises, nutrition programs or activities are suitable for everyone. The information presented in this website is in no way intended as a substitute for medical, nutritional or psychological counselling.
All information contained on Flexibility Matters Ltd, including information relating to medical and health conditions, products, treatments and nutrition is for informational purposes only. The content is also not intended to be a substitute for tailored professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of advice. When in doubt, consult your primary care physician, registered dietician or another certified professional.
Copyright Disclaimer for videos
All the information, exercises, techniques, ideas and examples accessed on or through our website and digital material (“Content”) are for educational purposes only, are general in nature only, and are not in any way to be construed as individual or personal advice. The Content does not take into account your individual health, medical, physical or fitness ability.
Results vary from individual to individual. For this reason, performance, progress and success is reliant on the individual to meet their own requirements. We cannot and do not guarantee any particular results and you are responsible for your own progress.
You are responsible for consulting a suitable medical professional before using any of the Content, information or materials contained in any fitness programs offered online (‘Programs’) or accessed through our website, before trying any exercise, technique or taking any course of action that may directly or indirectly affect your health or well-being.
You understand that your participation in these activities and Programs may involve a risk of injury and you take full responsibility and risk for making any decision or taking any action based on the Content on our website or contained in our Programs. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any information, goods or services contained on or accessed through this website and all such liabilities are expressly disclaimed.
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 are registered under the terms of GDPR 2016, and we shall treat all personal data in accordance with the requirements of those Regulations.
We shall seek to enable you/your child to achieve your/their desired outcomes. However, no outcome can be guaranteed, and you have sole responsibility for acting on any recommendations or advice that Flexibility Matters Ltd 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 Flexibility Matters Ltd. 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.
In exceptional circumstances, such as illness or other commitments, inappropriate behaviour by you/your child, 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/your child. 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, lockouts, 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 prior to the Initial Assessment.
Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
Disputes and governing law
If you are unhappy with the Services Flexibility Matters Ltd provides, we hope that 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 Company Directors who will handle the complaint. This agreement is governed and construed by English law and the parties submit to the jurisdiction of the Courts of England and Wales.
From time to time we may refer you to a third party for further assessment, treatment or medical imaging. This will only be undertaken following a discussion with you and with your verbal consent. We will send a referral to the agreed third party and you will be responsible for organising the appointment. You will then be bound by the terms and conditions of the third party, and we undertake no liability of the third party.
Consent to our use and disclosure of your data and health records operates in Cliniko accordance with the General Data Protection Regulation 2018. Your notes will be stored electronically and accessed by authorised personnel only. Disclosures may be made to relevant health professionals and your GP on request.
Flexibility Matters Ltd will only store your personal information and health records for up to 8 years in accordance with the Chartered Society of Physiotherapy guidelines. All personal information will be held electronically and securely, and only accessed by authorised personnel. After this period, it will be destroyed. By signing the terms and conditions you consent to Flexibility Matters Ltd handling your personal data and health records.
Professional liability is between the patient and the individual clinician. All clinicians have individual professional and public indemnity. Flexibility Matters Ltd are fully indemnified to supply and provide therapy/coach services to our clients.
Consent to Treatment