CONTRACTOR
Aesthetic Academy of Hertfordshire Ltd
21 Victoria street,
St. Albans, AL13JJ
(the “contractor”)
Please read all these terms and conditions.
General service agreement “The client” & “The Contractor”
BACKGROUND
- The client is of the opinion that the contractor has the necessary qualifications, experience and abilities to provide services to the client.
- The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in the agreement.
IN CONSIDERATION OF the matters described above and the mutual benefits and obligations set forth in this agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the client and the contractor (individually the “party” and collectively the “parties” to this agreement) agree as follows:
SERVICES PROVIDED
- The Client hereby agrees to engage the contractor to provide the client with the following services (the “services”):
- Aesthetic Medical education , such as foundation injectables in botulinum toxin and dermal fillers.
- The services will also include any other tasks which the parties may agree on. The contractor hereby agrees to provide such services to the client.
TERM OF THE AGREEMENT
- The term of this agreement (the “Term”) will begin on the date of this agreement and will remain in full force and effect until the completion of the services, subject to earlier termination as provided in this agreement, The term may be extended with the written consent of the parties.
PERFORMANCE
- The parties agree to do everything necessary to ensure that the terms of this agreement take effect.
CURRENCY
- Except as otherwise provided in this agreement, all monetary amounts referred to in this agreement are in GBP.
PAYMENT
- The contractor will charge the client a variable fee pending on course, for the services (the “payment”).
- The client will be invoiced as follows:
- A minimum of £200 deposit to be paid at time of booking.
- Total balance of invoice must be paid in full prior to attending training session.
- The above payment includes value added tax.
- The contractor will be responsible for all income tax liabilities and nation insurance or similar contributions relating to the payment and the contractor will indemnify the client in respect of any such payments required to be made by the client.
- The contractor will be solely responsible for the payment of all remuneration and benefits due to the employees of the contractor, including any national insurance, income tax and any other form of taxation or social security costs.
- The contractor will not be reimbursed for any expenses incurred in connection with providing the services of this Agreement.
CONFIDENTIALITY
- Confidentiality information (the “confidential information”) refers to any data or information relating to the business of the client which would reasonably be considered to be proprietary to the client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the client and where the release of that confidential information could reasonably be expected to cause harm to the client.
- All information in relation to live models being used during training must remain strictly confidential and the client must obtain consent prior to taking any photographs or imaging.
- The contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the contractor has obtained, except as authorised by the client or as required by law. The obligations of confidentiality will apply during the term and will survive indefinitely upon termination of this Agreement.
- All written and oral information and material disclosed or provided by the client to the contractor under this agreement is confidential information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the contractor.
OWNERSHIP OF INTELLECTUAL PROPERTY
- All intellectual property and related material (the “intellectual property”) that is developed or produced under this agreement, will be the property of the contractor. The client is granted a non-exclusive limited-use license of this intellectual property.
- Title, copywrite, intellectual property rights and distribution rights of the intellectual property remain exclusively with the contractor.
- The client is fully aware that the materials presented represents the contractors clinical experience and is in addition to current information contained in published medical literature.
AUTONOMY
- Except as otherwise provided in this agreement, the contractor will have full control over working time, methods and decision making in relation to provision of the services in accordance with the agreement. The contractor will work autonomously and not at the direction of the client. However, the contractor will be responsive to the reasonable needs and concerns of the client.
EQUIPTMENT
- Except as otherwise provided in this agreement, the contractor will provide within a training session, ant and all tools, equipment, supplies, consumables, raw materials, pharmaceutical medicines, PPE and any other items or parts necessary to deliver the services in accordance with the Agreement.
- The client must strictly adhere to health and safety measures in place and the contractor does not accept any liability in the misuse of any equipment’s.
NO EXCLUSIVITY
- The Parties acknowledge that this agreement is non-exclusive and that either party will be free after the term to engage or contract with third parties for the provision of services similar to the services.
- The use of contractors name “Aesthetic Academy of Hertfordshire as proof or suitability of competence to inject is specifically prohibited for the client.
NOTICE
- All notices, requests, demands or other communications required or permitted by the terms of this agreement will be given in writing and delivered to the Parties at the following addresses:
Aesthetic Academy of Hertfordshire Ltd – 21 Victoria street, St. Albans, AL13JJ.
Tel:07496935888
- All payments for services are non-refundable, but service dates are transferrable, if 72 hours’ notice is provided by client. Service dates must be transferred within 3 months of original booking date.
INDEMNIFICATION
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each party agrees to indemnify and hold harmless the other party, and its respective directors, shareholders, affiliates, offices, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees and permitted successors and assigns that occurs in connection with this agreement. This indemnification will survive the termination of this Agreement.
- The contractor does not take responsibility for the client’s technique or subsequent actions resulting from attendance of service.
ADDITIONAL CLAUSE
- Certification from the contractor this service is for attendance and does not provide a basis to issue a statement of competence for the client.
- If the client so wishes to return to the contractor for a refresher service this must be completed within 4 months of original service date.
MODIFICATION OF AGREEMENT
- Any amendment or modification of this agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorised representative of each party.
TIME OF THE ESSENCE
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
ASSIGNMENT
- The contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this agreement without prior written consent of the client.
GENDER
- Words in the singular mean and include plural and vice versa. Words in the masculine mean and include feminine and vice versa.
GOVERNING LAW
- This Agreement will be governed by and construed in accordance with the laws of England.
SEVERABILITY
- In the event that any of the provisions of this agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this agreement.
WAIVER
- The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Cancellations, Amendments & Refunds
- Course purchases are non-refundable once a student has been accepted onto a Course and paid a deposit. Course cancelations and refunds are solely at the discretion of Aesthetic Academy of Hertfordshire and are assessed on a case-by-case basis.
We understand that sometimes plans change and you may need to change your training booking date. Please see our Terms & Conditions for how we handle cancellations and amendments for bookings.
Aesthetic Academy of Hertfordshire Ltd