glo pamper ltd – Terms & Conditions of Business (Therapist).
Contracts between glo and the Therapist shall include these Terms and Conditions, glo’s Code of Conduct and the specific Contract relating to each Booking.
These Terms and Conditions will apply to all current future bookings with glo unless otherwise agreed in writing.
The terms herein shall be given the following meanings:
Agreement means any agreement entered into by Glo and the Therapist for the provision of Services by the Therapist incorporating the terms of each Contract and these Terms and Conditions
Glo means Glo Pamper Ltd
Therapist means the Freelance and insured, professional person(s), firm or company who shall supply the Services for or on behalf of Glo.
Client means the person, company or organisation for whom the Services have been requested
Contract means the terms of the Booking which can be found within the Therapist online account Booking area; which includes all the terms applied to that specific Booking.
Booking means period during which a Therapist provides holistic, beauty and wellbeing Services to the Client incorporating these terms and conditions.
Service means the Service/s provided by the Therapist at the Booking.
Individual means the individual guest/employee of the Client attending the booking who has requested the Service
Premises’ means the service location address
Fee means the price for the Services as specified in the Booking;
Registration means the initial registration of the Therapist by Glo
1.2 In these Terms and Conditions and Agreements, references to the singular shall include the plural and vice versa and references to the masculine, the feminine and the neuter shall include each other such gender.
2. Application of Terms and Conditions:
2.1 These Terms and Conditions (and the contents of the Contract terms) shall apply to any and all Agreements for the supply of Services by the Therapist to the Client at any time as arranged by Glo to the exclusion of all other Terms and Conditions including any Terms and Conditions which the Therapist may seek to apply to any contract terms or similar document.
2.2 Agreeing to these Terms and Conditions on acceptance of a Booking shall be deemed conclusive evidence of the Therapist's acceptance of this Agreement and agreement to abide by the contents of any Contract.
2.3 The Therapist is not employed by glo and all Therapists are deemed to be self-employed. Further, this agreement shall not be deemed to create any partnership or joint venture between the Therapist and glo.
3. glo's obligations
3.1.1 glo shall:
3.1.2 record all relevant information of the Therapist as sent by the Therapist onto the database of glo and protect the information in accordance with current Data Protection Legislation.
3.1.3 make regular contact with Clients using its reasonable endeavours to secure Bookings for the Therapist but without providing any warranty or undertaking in respect of securing and providing such work for the Therapist.
3.1.4 use reasonable endeavours to make contact with the Therapist at the earliest opportunity when a request for the Services of a Therapist is received from a Client providing full Contract conditions and details of the work available to the Therapist along with timings, locations, service requirements and fees payable to the Therapist. Any such contact shall be made to the latest contact details provided by the Therapist to Glo or, if no details have been provided since registration, to the details provided at registration.
3.1.5 from time to time, glo may need to amend Contract timings and associated fees based on the wishes of the Client.
3.1.6 shall be under no obligation to provide the Therapist with (and offers no guarantee of) a minimum number of Bookings or duration of the Services.
4. The Therapist's obligations
4.1 The Therapist shall:
4.1.1. adhere to any time limits in respect of the provision of Services as required by Glo and/or the Client.
4.1.2 ensure correct and proper behaviour in any capacity whatsoever in accordance with this Agreement and the provision of the Services;
4.1.3 be and at all times during the provision of the Services presentable, responsible and enthusiastic. No swearing, abusive, inappropriate, offensive or disrespectful language is to be used at the Booking.
4.1.4 ensure prompt arrival at the Premises’ of a Client -30 minutes - prior to the time at which the Services commence as per the Contract start time. Glo reserves the right to withhold all or part of the Fee (in glo's absolute discretion) in the event that the Therapist fails to comply with the times and/or date of providing the Services at the Booking.
4.1.5 not at any time during the provision of the Services be under the influence in any capacity whatsoever of alcohol or drugs of any kind whatsoever. Further, Glo operates a strict non-smoking policy for all Therapists during the provision of the Services. In the event that the Therapist smokes during a designated break whilst providing the Services then this must be done so in an appropriate and designated area (in accordance with current no smoking laws) and out of sight of the Client and/or Individuals.
4.1.6 be able to hand out business cards only if a Client expresses an interest in receiving further 1-2-1 treatment with the Therapist. The Therapist is required not to actively tout for business whilst at a Booking and that for any group or corporate referrals, these are directed back to Glo.
4.1.7 notify Glo immediately of any enquiry, discussion or approach in respect of the provision of group Services whatsoever made to the Therapist before, during or after the Booking.
4.1.8 agrees that, at all times (during and after termination of the engagement), will only use Confidential Information for the purposes of providing the Services and will not disclose any Confidential Information to any other person, organisation or other third party without the prior consent of Glo. The term “Confidential Information” shall include, but not necessarily be limited to, all information which is disclosed to the Therapist by Glo (directly or indirectly) or which the Therapist otherwise obtains which is not publicly known including any trade secrets, know-how or other commercially sensitive information, ways of working, processes, products used, Glo documentation, membership lists, Client lists/details and/or information, other Glo therapist’s contact information, proposed publications, fees paid to Glo’s suppliers and details of Glo’s personnel and/or Glo’s contacts
4.1.9 inform Glo at the earliest possible date prior to the Booking if unable to provide the Services for any reason whatsoever. If any fee has already been paid by Glo to the Therapist prior to the date of cancellation, then this Fee shall be repaid immediately.
4.1.10 notify glo of any changes to personal contact information in writing including, but not limited to, address, telephone number (including mobile telephone number), bank details and email address.
4.1.11 undertake own risk assessments in respect of the provision of their Services;
4.1.12 comply with any obligations set out in any Contract for any Booking, which are incorporated herein by reference;
4.1.13 notify Glo or the Client using the contact details provided in the Contract if the running late. A fine may be incurred at the sole discretion of Glo if the Therapist does not to arrive at the contracted arrival time set out in the Contract, or if the Therapist does not materially comply with the contents of the Contract in any other way (up to 30% of the fee).
4.1.14 unless otherwise agreed by Glo in writing in advance, shall not use the Glo trade mark (registered or unregistered), logo, name or style other than in connection with the Services as set out in this Agreement. That any branding, trademarks and/or other intellectual property of Glo shall at all times remain the sole and exclusive property of Glo.
5.1 In consideration of the Therapist providing the Services as set out in the specific Contract, Glo agrees to pay the Therapist the Fee (including any agreed parking expenses) within 30 days after the date of the Booking, on the provision that an invoice has been supplied to Glo at least 3 days prior to the date the Fee is due. Corporate events are paid on a 30 day payment term and Pamper parties / Spa to you experiences are usually paid the Thursday following the booking date.
5.2 Glo will pay the Therapist by way of BACS. As such the Therapist agrees to provide Glo with their current bank details within the bank section of the Therapists’ online account and not less than 3 days prior to the date that payment of the Fee shall be made. Further, any future payments to the Therapist will be made using the details held on file unless Glo is notified otherwise in writing.
5.3 Full details of the Fee are set out in your glo therapist account once you have confirmed the booking.
5.4 If Glo disputes the payment of any amount to the Therapist, Glo shall be entitled to withhold payment until such time as it is satisfied that the dispute has been dealt with. Glo may, without limiting any other rights or remedies that it may have, set off any amounts owed to the Therapist (under this Agreement or otherwise) against any amounts payable by the Therapist under this Agreement.
6.1 If the Client cancels the Booking for any reason whatsoever within 7 days of the date of Booking Glo will use its reasonable endeavours to obtain a cancellation Fee from the Client as Glo in its absolute discretion considers appropriate. Glo shall have no obligation or duty to obtain such a cancellation fee and will have no liability to the Therapist in respect thereof if it decides not to pursue or is unsuccessful in obtaining a cancellation Fee from the Client.
6.2 Glo retains the right to cancel this Agreement with the Therapist without notice if, in Glo's absolute opinion, the Therapist acts or fails to act in accordance with the terms of the Contract or in breach of the provisions of section 4, or otherwise causes distress, harm, damage or disrepute to Glo, its agents, affiliates, other Therapists and Glo reserves the right to proceed with legal action against the Therapist.
6.3 This Agreement may be cancelled by Glo or the Therapist by giving the other party not less than [30 days] notice in writing.
6.4 Cancellation fees ONLY apply to Bookings cancelled within 7 days prior to the date of the Booking
7. Liability and Insurance
7.1 The Therapist shall be liable for any and all loss, costs, expenses, damage or injury whatsoever and howsoever caused resulting from their acts or omissions.
7.2 The Therapist shall maintain at all times a suitable insurance policy covering public liability at a level of not less than £1 million. The Therapist shall, upon request, provide Glo with documentary evidence of the existence and validity of such insurance at registration and send relevant renewal documents.
8. Force Majeure
8.1 In the event that this Agreement cannot be performed or any of its obligations fulfilled for any reason whatsoever beyond the reasonable control of either party including, but not limited to, war, industrial action, floods, fire or access, then neither party shall be liable for such non-performance or failure to fulfil the obligations contained in this Agreement.
9. Intellectual property and Copyright
9.1 The Therapist shall not infringe any copyright, patent or other intellectual property right of Glo, a Client or any other party in the provision of the Services and, in the event of infringement, shall indemnify Glo from and against any and all damages, liabilities and costs incurred as a result of such infringement. If the Services are contrary to law or are objected to by any licensing or other public authority, Glo shall have the right to decide in its sole discretion, either to cancel the Agreement or request the Therapist to change their provision of Services to remove the illegality or objections. In these circumstances Glo shall have no liability whatsoever for the actions of the Therapist.
9.2 In the event of the Client requesting from the Therapist their consent to be photographed, sound recorded, video recorded or filmed whilst providing the Services, the Therapist agrees that such consent shall not unreasonably be withheld.
10. Confidentiality and Assignment
10.1 The Therapist shall at all times keep confidential all details and information provided by Glo in respect of the Client or otherwise, and only use Client or other Glo Therapist contact information for the purpose of the assigned Contract or Booking only, unless otherwise mutually agreed at the time of the Booking.
10.2 The Therapist shall not be entitled to assign or license her rights or obligations under this Agreement to any other person, firm or company without the prior written consent of Glo.
11. Subsequent Engagements
11.1 For the avoidance of doubt these Terms and Conditions and the contents of any Glo Contract terms shall apply to all future engagements and activities entered into between the Therapist and Glo unless otherwise agreed in writing by Glo. Any enquiries or future bookings arising from this Agreement should be made through Glo.
12.1 the Therapist shall indemnify and hold harmless Glo and the Client and shall keep them fully indemnified against any and all actions, proceedings, claims, demands, costs, losses and expenses which may be brought against or incurred by Glo or the Client arising out of or caused by any breach of therapies or treatments not provided by the Therapist of any obligations or agreements herein contained.
13.1 No waiver of any provision of this Agreement shall be effective unless made in writing. Any waiver by either party of a breach of any part of the Agreement shall not be considered as a waiver of any subsequent breach of the same or of any other term or condition.
14.1 If any provision of this Agreement shall be found at any time to be invalid, illegal or unenforceable such invalidity, illegality or unenforceability shall in no way prejudice or affect the other provisions of this Agreement which shall remain in full force and effect.
15.1 Any amendment or variation of this Agreement will not be effective unless agreed in writing and signed by both parties.
16. Third parties
16.1 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party, which exists or is available apart from the Act.
17.1 A notice to be given hereunder shall be in writing and may be delivered personally or by sending it by pre-paid first-class post to the intended recipient's address given herein or to any other address supplied with reference to and in accordance with this clause to the other party hereto at their address for the purposes of Services under this Agreement.
18.1 This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.