Terms and conditions

The information contained in this website is for general information purposes only.

Therafloat only uses information from sources believed to be correct, but whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Therafloat will assume no liability relating to any errors on the Therafloat website

Information on the Therafloat website is explicitly not intended as a substitute for medical advice and may not be used to diagnose or treat any health condition without the consultation of your own qualified health care provider.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Every effort is made to keep the website up and running smoothly. However, Therafloat takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

If you disagree with any part of these terms and conditions, please do not use our website. The term ‘Therafloat’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

In addition to these named articles, we require all first-time floaters to electronically sign a liability waiver on attendance at the floatation facility. We also require that all users of the facility complete the COVID-19 Waiver Form on each occasion. Both items will be made available upon attendance at the floatation facility.

If you are booking consultation or floatation therapies on behalf of somebody else it is your responsibility to inform them that these standardised Terms and Conditions are attached to any bookings made. Paper copies of the Terms and Conditions are available upon request.

1. Interpretation

Definitions: in these Conditions, the following definitions apply:

Charges: the charges payable by the Client for the Services in accordance with clause 4.
Commencement Date: has the meaning set out in clause 2.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 9.4.
Contract: the contract between Therafloat Ltd and the Client for the provision of Services in accordance with these Conditions.
Client: the person who purchases or utilises Services from Therafloat Ltd.
Request for Treatment: the Client’s request to be treated by Therafloat Ltd indicated by the Client’s electronically confirmed acceptance of these Conditions.
Services: the Consultation, Treatment, Therapy or Advice, supplied by Therafloat Ltd through its nominated consultants or contracted workers to the Client as set out in the Client’s individual Treatment Plan.
Therafloat Ltd: Therafloat Ltd registered in the Isle of Man with number 133872C.
Treatment Plan: the description of the Services agreed with the Client and set out in writing by Therafloat Ltd encompassing any Consultation, Treatment, Therapy or Advice supplied.

2. basis of contract

A Request for assessment and/or Treatment constitutes an offer by the Client to engage Therafloat Ltd to provide the Services in accordance with these Conditions.

2.2 The Request for Treatment shall only be deemed to be accepted when Therafloat Ltd issues verbal or written acceptance to take on the Client at which point and on which date the Contract shall come into existence (the Commencement Date).
2.3 The Services supplied under this agreement shall continue to be supplied unless they are terminated in accordance with clause 7.
2.3 The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Therafloat Ltd which is not set out in the Contract.
2.4 Any samples, drawings, descriptive matter or advertising issued by Therafloat Ltd, and any descriptions or illustrations contained in Therafloat Ltd’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.

3. supply of services

3.1 Therafloat Ltd shall provide the Services to the Client through its nominated consultants and contracted workers following an initial assessment and in accordance with the Client’s Treatment Plan in all material respects.
3.2 Therafloat Ltd warrants to the Client that the Services will be provided with all reasonable care and skill and in accordance with best practice guidelines as set out by the UK Complementary and Natural Healing Council.
3.3 Therafloat Ltd and its nominated consultants or contracted workers reserve the right to amend the Treatment Plan at any point during the provision of the Services.

4. charges and payment

4.1 The Charges for the Services shall be calculated in accordance with Therafloat Ltd’s standard consultation fee rates.
4.2 Therafloat Ltd reserves the right to increase its standard fee rates. If such increase is not acceptable to the Client, it shall notify Therafloat Ltd of this in writing and Therafloat Ltd shall have the right without limiting its other rights or remedies to terminate the Contract.
4.3 The Client shall pay Therafloat Ltd the Charges at the time of booking or on the day of the consultation either in cash, by credit card or by electronic cash transfer
4.4 The full amount of the Charges shall be the responsibility of the Client, regardless of whether they are payable to Therafloat Ltd by the Client’s insurer; the Client must therefore ensure that they have the requisite authority from their insurer to engage Therafloat Ltd to provide the Services prior to a consultation being booked.
4.5 Any follow up treatment that may be required in addition to the Services shall be charged in accordance with the fees set out in Schedule 1 and will be payable by the Client to Therafloat Ltd in advance. All outstanding Charges owed by the Client to Therafloat Ltd must be cleared before any further consultations can take place.
4.6 Unless otherwise stated in writing, all amounts payable by the Client under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by Therafloat Ltd to the Client, the Client shall, on receipt of a valid VAT invoice from Therafloat Ltd, pay to Therafloat Ltd 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.
4.7 Without limiting any other right or remedy of Therafloat Ltd, if the Client fails to make any payment due to Therafloat Ltd under the Contract by the due date for payment within 28 days of service, Therafloat Ltd shall have the right to charge interest on the overdue amount at the rate of 8.5 per cent per annum above the then current Bank of England base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
4.8 The Client shall pay all Charges in full without any deduction or withholding except as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against Therafloat Ltd in order to justify withholding payment of any such amount in whole or in part. Therafloat Ltd may, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by Therafloat Ltd to the Client.

5. lateness, no-show and cancellation policy

5.1 Should the Client wish to cancel a consultation or therapy session, it must give Therafloat Ltd confirmation of the cancellation two full working day’s notice (48 hours) through the email booking system. If the Client cancels a consultation without giving the correct notice as set out in this clause, the Client shall pay Therafloat Ltd the full amount of the Charges.

Please note that cancellation of a booked session is only valid once email confirmation has been received.

5.2 Therafloat Ltd understands that circumstances can change. If you cannot attend your booked session, please notify our float centre manager immediately. If you fail to notify us with two working days notice as set out in Section 5.1, all efforts will be undertaken to reschedule your appointment at the discretion of the float centre manager however refunds will not be applicable.

Lateness

5.3 Therafloat operates a policy of strict adherence to arrival and departure times in order that clients do not cross over during sessions. Therefore, late arrivals will unfortunately result in decreased Consultation and Floatation times.

5.4 Should an excessively late arrival result in the cancellation of the session, a rescheduling of the appointment can only be sought at the discretion of the floatation centre manager however refunds will not be applicable as set out in Section 5.2 of the Cancellation Policy.

6. confidentiality and privacy

6.1 Therafloat shall keep in strict confidence all information of a confidential nature that is disclosed to it or its employees, agents or subcontractors by the Client, and any other confidential information concerning the Services, provided that such disclosure is not required by law. Therafloat shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging Therafloat’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind Therafloat. This clause 6 shall survive termination of the Contract.

6.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information. Our Privacy Policy is available here, or you may request a written copy from us.

6.3 We collect your personal information to meet our legal, statutory and contractual obligations and to provide you with our services. It is necessary to collect personal information when considering potential clients for our services or when considering third-party service agreements.

6.4 Please note that Therafloat uses data gathered from its customers in order to constantly improve and upgrade its services however, where this is undertaken, relevant data will be anonymised appropriately in order for analysis to take place. Identifiable data will never be supplied or sold to third party providers in line with our Privacy Policy.

7. termination

7.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if, following a written demand for payment, the Client fails to pay any amount owing to Therafloat within 14 days of receipt of the demand.

7.2 Without limiting its other rights or remedies, each party shall have the right to terminate the Contract by giving the other party written notice.

8. termination consequences

On termination of the Contract for any reason:

(a) the Client shall immediately pay to Therafloat all of its outstanding unpaid Charges and any interest that has accrued;
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(c) clauses which expressly or by implication have effect after termination shall continue in full force and effect.

9. general

9.1 Force majeure:

(a) For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Therafloat including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Therafloat or any other party), 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 Therafloat or its contracted workers as a result of events including but not limited to illness or other issues affecting availability.
(b) Therafloat shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents Therafloat from providing any of the Services for more than 8 weeks, Therafloat shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Client.

9.2 Waiver:

(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

9.3 Severance:

(a) If a court or any other competent authority finds that any provision of the Contract (or 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 shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

9.4 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing by Therafloat.

9.5 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of the country within which the relevant floatation centre is located, in this instance the Isle of Man, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Isle of Man.

10 Liability Waiver

**When booking a session you will be asked to confirm you have read and agree to this waiver and our agreement terms and this will be re-iterated before treatment sessions are delivered.**

Please note that, in accordance with IOM, UK and EU legislation, we confirm that there is no intention implied or otherwise that any Therafloat Ltd treatments are given with the intention of them being a cure, diagnosis or as a preventative for any disease. Any references, studies or testimonials on this website do not imply that similar results will occur when the same therapy is experienced by another.

Therafloat Ltd reserves the right to change these terms and conditions from time to time. By browsing the site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the site, confirm a booking or visit for a treatment session.

These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. You hereby understand that Therafloat Ltd is in no way obliged to give you prior or subsequent notification of any additions or modifications to these terms and conditions or any and all text and content on the Website, and you must therefore assume full responsibility to regularly check and keep yourself updated accordingly.

REVIEWS AND TESTIMONIALS

Any testimonials or reviews accessed via the Website, any social media presence or through any communication or platform whatsoever is used for illustration purposes only. The reviews are unique, unsolicited and are not intended to warrant or guarantee that current or future clients will achieve similar results.

Therafloat Ltd. reserves the right to refuse service to anyone for any reason.

By digitally signing the terms and conditions / liability waiver, you confirm that:

You understand that the treatment modalities offered by Therafloat Ltd have been well researched and are generally regarded as being safe without significant risk of side effects or injury.

You are choosing to use floatation, photobiomodulation, cryotherapy, nutritional and talk therapies, as supplied by Therafloat Ltd, of your own free will and will not hold the owner/operator or Therafloat Ltd liable for any injury during a session, whilst on the premises or as a later consequence of treatments once concluded.

You confirm the information above is correct. You confirm that you have been fully informed about the risks regarding the equipment and/or treatments, and you accept responsibility for your use of the equipment/treatments.

You understand that this consent form covers future treatments with Therafloat Ltd and that it will be your responsibility to update the information provided if necessary.

You understand, and give consent for, any data accrued for the purposes of delivering your therapies by Therafloat Ltd, to be utilised by Therafloat Ltd in order to research, advertise or improve available therapies.

You have read, understand and agree to all of the terms and policies listed.

Pre-existing Medical Conditions

By signing this terms and conditions/liability waiver document digitally, you confirm that you are in good health and free of any adverse medical conditions. All of the treatments offered by Therafloat Ltd have been well researched and are generally regarded as safe and accessible for the majority of people, nevertheless it is your responsibility to confirm with your appropriately qualified Registered Medical Practitioner that it is safe and appropriate for you to undergo treatment sessions with any of the advertised modalities before the time of booking or attending for a treatment course.

All customers who engage in any treatment sessions as delivered by Therafloat Ltd therefore do so at their own risk.

The customer booking the treatment session and the client attending the treatment session hereby expressly waives and releases any and all claims hereafter, either known or unknown, against Therafloat Ltd and its licensors its officers, directors, employees, agents, affiliates, shareholders, successors, and assigns (collectively,“Releasees”), on account of injury, death, or property damage arising out of or attributable to participation in Therafloat Ltd treatment modalities in any way whatsoever caused by or relating to the customer or client’s participation in such therapies whether arising out of the ordinary negligence of the Company or any Releasees, defects in the equipment, conditions on the premises, or otherwise.

You covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that the applicable law does not permit to be released by agreement as detailed by the Limits upon exclusions of liability terms below:

Limits upon exclusions of liability

Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from gross negligence or reckless misconduct;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

Indemnity

I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, fees and the costs of enforcing any right to indemnification under this Waiver, and the cost of pursuing any insurance providers, arising out of, or resulting from any claim of a third party related to, my own negligence or violation of the Company’s terms and conditions, rules and instructions in participating in the treatments provided by Therafloat Ltd.

The customer and/or client agrees to pay the cost of and authorises Therafloat Ltd to take all steps it considers reasonably necessary to protect his/her welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.

This Waiver is binding on and shall inure to the benefit of the Company and me and their respective heirs, successors, and assigns.

**BY DIGITALLY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THIS WAIVER AND THE COMPANY’S FULL TERMS AND CONDITIONS. I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THERAFLOAT LTD THERAPIES. I UNDERSTAND THAT I SHALL BE BOUND BY THE TERMS AND CONDITIONS AT EVERY CONFIRMATION OF BOOKING AND ALSO IMMEDIATELY PRECEEDING ANY TREATMENT THAT IS DELIVERED**