Terms and Conditions

We have tried our best to make these clear and easy to read and where possible have avoided using legal terms and jargon.

1.Website Use

The use of this website is subject to the following terms of use:

1. Welcome to the website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Tracy Richardson and/or Serendipity Wellness® relationship with you in relation to this website.

2. The term ‘Tracy Richardson and/or Serendipity Wellness®’ or ‘we’ or ‘us’ or ‘our’ refers to the owners of the website. The term ‘you’ refers to the user or viewer of our website.

3. Content

3.1 The content of the pages of this website is for your general information and use only, as detailed in Section 2. It is subject to change without notice.

3.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

3.3 You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3.4 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

4. This website contains material which is owned by or licensed to Tracy Richardson and/or Serendipity Wellness®. This material includes, but is not limited to, the design, layout, look, appearance and graphic content. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

5. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

6. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

7. Links

7.1 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

7.2 You may not create a link to this website from another website or document without Tracy Richardson and/or Serendipity Wellness® prior written consent.

8. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

2. Website Medical information Disclaimer

1. No advice

1.1 This website contains general medical information.

1.2 The medical information is not advice and should not be treated as such.

2. No warranties

2.1 The medical information on our website is provided without any representations or warranties, express or implied.

2.2 Without limiting the scope of Section 2.1, we do not warrant or represent that the medical information on this website:

(a) will be constantly available, or available at all; or

(b) is true, accurate, complete, current or non-misleading.

3. Medical assistance

3.1 You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.

3.2 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

3.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention.

3.4 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on this website.

4. Interactive features

4.1 This website includes interactive features that allow users to communicate with us.

4.2 You acknowledge that, because of the limited nature of communication through the website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

4.3 Any assistance you may receive using any the website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

5. Limits upon exclusions of liability

5.1 Nothing in this disclaimer will:

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

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

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

3. Copyright notice

1. Credit

1.1 This document was created using a template from Docular (https://docular.net).

2. Copyright notice

2.2 Subject to the express provisions of this notice:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Copyright licence

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) stream audio and video files from our website; and

(e) use Serendipity Wellness® by means of a web browser, subject to the other provisions of this notice.

3.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal purposes; you must not use our website for any other purposes.

3.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website, save to the extent expressly permitted by this notice.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

5. Report abuse

5.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

5.2 You can let us know about any such material or activity by email tracy@serendipitywellness.co.uk.

6. Enforcement of copyright

6.1 We take the protection of our copyright very seriously.

6.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

7. Permissions

7.1 You may request permission to use the copyright materials on our website by [writing to us by email or post, using the contact details published on the website].

4. Appointment Booking Policy

Upon booking of treatment the client agrees to the following terms and conditions:

1. Appointment/Consultation/Booking

1.1 An initial consultation and treatment appointment must be booked prior to any follow up treatment booking.

1.2 An individual assessment must be completed prior to any treatment being implemented by Tracy Richardson and/or Serendipity Wellness®.

1.3 All clients under the age of 18 must be accompanied by a parent or legal guardian during the session.

2. A client agreement and Informed written consent to be completed by the client prior to any treatment.

3. Treatment cannot be performed under certain medical conditions or where contraindicated.

3.1 Tracy Richardson and/or Serendipity Wellness® reserves the right to refuse treatment to anyone whom is deemed to have a condition for which treatment is contraindicated or where medical consent will be required.

3.1 Tracy Richardson and/or Serendipity Wellness® reserves the right to refuse treatment to anyone whom is deemed to have a condition for which treatment is not covered by Tracy Richardson and/or Serendipity Wellness® insurance.

4. Where nutritional advice or practical exercise/ movement is sought, Tracy Richardson and/or Serendipity Wellness® shall remain within their professional and educational boundaries and shall not be deemed to be ‘prescribing’ a diet. All clients should seek advice form their GP or health professional before embarking on any new nutritional or exercise activity.

5. Medical assistance

5.1 Anything discussed in the consultation session is for information purposes only and should not be construed as a substitute for medical advice..

5.2 You must not rely on the information as an alternative to medical advice from your doctor or other professional healthcare provider.

5.3 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

5.4 If you think you may be suffering from any medical condition, you should seek immediate medical attention.

5.5 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment.

5. Cancellation and refund policy

Upon booking of treatment the client agrees to the following terms and conditions:

1. Unplanned issues come up for all of us. Tracy Richardson and/or Serendipity Wellness® recognises this fact, and where possible will always try to accommodate clients, however due to our pre-booked client schedule, and setting your booking/appointment time, solely for your use, we respectfully request if you must cancel your scheduled appointment, notify us in advance. When you book and/or pre pay for a consultation appointment you contract with us to abode by our terms and conditions.

1.1 For in clinic Rugby based appointments at least a minimum of 48 hours in advance, and for ‘offsite’ appointments/bookings at least a minimum of 5 working days in advance, by phone: 07759 734787 or email: tracy@serendipitywellness.co.uk. This gives us an opportunity to utilise the time/ space for another client to benefit from our services and fill that time slot and when located ‘offsite’ travel and other associated costs may be recouped/ minimised, so that we are not left with undue expenditure.

2. Notice to cancel

2.1 Where you fail to provide at least 48 hours notice, we reserve the right to charge the full price (100%) of your missed booking/appointment and where you fail to provide at least 5 working days notice (for ‘offsite appointments), we reserve the right to charge the full price (100%) of your missed appointment.

2.2 Any pre-paid treatment may also be charged, where relevant notice is not given.

2.3 If you have a pre-paid treatment, gift certificate or voucher and do adhere to the cancelation terms of your scheduled appointment, it will be considered null and void. No exceptions.

3. Answer phone messages notifying of cancellation will be accepted as there is a time log on the answer phone. Please remember to include your name and details of the appointment being cancelled.

4. Appointments paid for but not attended (or cancelled as per above instructions) will not be eligible for a refund.

5. Where adequate notice is provided, refunds (where applicable) will be made by crediting the account of the person who paid for the appointment online only. We will action the refund on the day you contact us but it can take several days to reach your account depending on your card provider.

6. If booked using the online booking system, you may reschedule your appointment- though the 48 hours notice time frame still applies.

6. Lateness and no show policy

1.Arriving late will simply limit the time for your treatment. Your session will start as soon as possible and end on the scheduled time so that the next client is not delayed. You will also be expected to pay the full amount of what would have been your treatment time should you arrive late to your appointment. Where the therapist schedule still allows time for your full treatment time, we will try and honour the additional time, however, we need to respect the appointment times set by clients that follow your appointment. In the unlikely event that we are running late, you will receive your full scheduled treatment time.

2.Clients who are a no call/ no show for appointments will be charged full price (100%) for their session. If you have a prepaid treatment, gift certificate or voucher and are a no call/show, it will be considered null and void. No exceptions. It is important that Tracy Richardson/ Serendipity Wellness® is compensated for its reserved time slots. Future appointments may be asked to be pre-paid in advance of any further treatments.

7. Booking and Fee Policy

1.Individual treatment sessions may be booked and paid for online, though can be paid in clinic by card or cash.

2.Online bookings are made through our partner www.catchapp.mobi.

3.Package treatments must be paid for in advance BUT all sessions do not have to be booked at time of payment. All sessions must be redeemed within twelve months of purchase. All monies paid are non-refundable.

4. The client shall not transfer treatment sessions to any other person or permit them to be used by anyone other than the Client. Any assignment, transfer or disposal of treatment session credit is at the sole discretion of Tracy Richardson and/or Serendipity Wellness® and may only be permitted in exceptional circumstances.

5.All fees are non-refundable.

6.The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer.

8. Consultant Contract Services and Ownership of Intellectual Property

1.All written and oral information and material disclosed or provided by the Consultant (Tracy Richardson and Serendipity Wellness®) to the client, shall remain confidential information regardless of whether it was provided before or after an agreement or how it was provided.

2.All intellectual property related material (the Intellectual Property) that is developed or produced for a Client, will remain the property of the consultant (Tracy Richardson and Serendipity Wellness®). The Client is granted non-exclusive limited-use license of the Intellectual Property.

3.Title, copyright, intellectual property rights and distribution rights to the intellectual property remain exclusively with the Consultant (Tracy Richardson and Serendipity Wellness®).

4.All invoices to be paid promptly within the time specified, and as per the conditions specified upon the invoice.

5.Where services are booked/scheduled and then cancelled without sufficient notice i.e. 5 working days, so as the space can be filled with other paid work, we reserve the right to charge the full price (100%) of the cancelled/missed service. However, where possible we will aim to accomodate any rescheduling as Tracy Richardson diary allows.

9. General

1. Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with Tracy Richardson and/or Serendipity Wellness® and which are made available to clients will at all times remain the property of Tracy Richardson and/or Serendipity Wellness® and will be subject to copyright.

2. By providing an email address to Tracy Richardson and/or Serendipity Wellness® the client consents to receiving email communications from Tracy Richardson and/or Serendipity Wellness®.

3. The client also accepts the risk that email may not be a secure and confidential means of communication. Although every effort is made to ensure information is secure, Tracy Richardson and/or Serendipity Wellness® will not be liable for any loss or damage suffered as a result of communicating with a client by email.

4. If the client has agreed to receive marketing emails from Tracy Richardson and/or Serendipity Wellness® they have the option to unsubscribe in the email.

10. Limitation of Liability statement

1. The information available on or through Tracy Richardson and/or Serendipity Wellness®, our websites, and the services supplied via or in connection with Tracy Richardson and/or Serendipity Wellness® do not constitute medical advice. It is your responsibility to determine, through obtaining appropriate medical advice, that services are suitable for you, before commencing any treatment, you should consult your doctor.

2. It is also vital that you supply Tracy Richardson and/or Serendipity Wellness® with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on our website (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on our web site or provided through any service supplied by us to you.

3. You, your legal representatives and your heirs release waive, discharge and covenant, not to sue T Tracy Richardson and/or Serendipity Wellness® for any injury or death caused by their negligence or other acts.

4. It is your sole responsibility to check with your doctor or medical practitioner about your suitability for treatment and to obtain his/her written consent where necessary. While we take every care to ensure safe practise, there are inherent risks in any treatment and we accept no liability whatsoever for any injury or illness you incur through undertaking our treatment or by your failure to notify us of any existing health problems or special needs.

5. Any advice provided at no time constitutes medical advice in substitute for advice provided by a medical professional.

11. Your personal information and data protection

Tracy Richardson and/or Serendipity Wellness® agrees to comply with its obligations under the Data Protection Act 1998 and GDPR 2018 relevant privacy or data protection laws.

Please see our privacy policy.

12. Force Majeure

Neither the client or Tracy Richardson and/or Serendipity Wellness® shall be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the client’s or Tracy Richardson and/or Serendipity Wellness® obligations in respect of these Terms and Conditions, if the delay or failure was due to any cause beyond the client’s or Tracy Richardson and/or Serendipity Wellness® control including, but not limited to, acts of God, explosions, actual or suspected terrorist attacks, floods, fire or accident, war or threat of war, sabotage, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes or industrial actions or trade disputes.

13. Governing Law

This Agreement shall be governed and construed in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

14. Enquiries and complaints

All enquiries and complaints can be emailed to tracy@serendipitywellness.co.uk, or mailed to:

Tracy Richardson, Serendipity Wellness®, 31 Hawlands, Rugby, CV21 1JR.

15. Additional Terms & Conditions relative to online programmes

Disclosure and Disclaimer Regarding Services

People with any health conditions whether diagnosed or otherwise should consult with their physician prior to undertaking any part of the programmes/treatments offered. Tracy Richardson and/or Serendipity Wellness® accepts no responsibility whatsoever. Under no circumstances including but not limited to negligence shall Tracy Richardson and/or Serendipity Wellness® be liable for any special or consequential damages in any way whatsoever now or in the future that result from the use of or the inability to use any of the techniques or therapies used within this programme. The information, techniques, methods and recommendations by Tracy Richardson and/or Serendipity Wellness® are not intended to be a substitute for the diagnosis and a care of a qualified doctor/physician nor to encourage the treatment of illness by persons not recognisably qualified.

If you use any of the techniques and methods discussed and are under medical care for any condition, do not make any adjustments to any prescribed medication without the approval of your doctor/physician. If in any doubt, you should seek medical advice.

Tracy Richardson and/or Serendipity Wellness® has taken due care and attention with the information provided within this course and information is given in good faith. The information given is not intended to constitute medical advice. Always consult your doctor/physician or primary health care provider before changing and evaluating treatment alternatives.

Tracy Richardson and/or Serendipity Wellness® does not accept responsibility for any loss, damage or expense resulting from the use of information provided. You agree to indemnify and hold us harmless agreeing to these conditions upon purchase of the course.

Tracy Richardson and/or Serendipity Wellness® is a NEITHER TRAINED MENTAL HEALTH PROVIDER NOR MEDICAL PRACTITIONER. THE SERVICES ARE NOT INTENDED TO REPLACE MEDICAL TREATMENT.

Tracy Richardson and/or Serendipity Wellness® does not offer the services or treatment of a licensed physician or medical practitioner, and does not claim to offer any psychological or physical benefits of any form.

Tracy Richardson and/or Serendipity Wellness® disclaims all statements, representations, warranties, agreements or promises regarding the use or benefits of the Services, whether made by Tracy Richardson and/or Serendipity Wellness® its clients, employees, agents, or contractors.

Participating in the Programme does not guarantee success, and Tracy Richardson and/or Serendipity Wellness® makes no representation or guarantee through Client’s participation in the Services. All information on the website or included in statements, testimonials or materials made or distributed by or on behalf of Tracy Richardson and/or Serendipity Wellness® are for informational purposes only, and are not intended to be relied on by Client or to constitute a representation of the effects or benefits of the Services.

Assumption of Risk, Release of Liability, and Agreement to Arbitrate:

PLEASE READ THE FOLLOWING CAREFULLY. BY PURCHASING A COURSE/WORKSHOP/MASTERCLASS, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS.

By purchasing the programme, you further represent that you have read and understood and agree to the following:

I freely and voluntarily choose to participate in the programme provided by Tracy Richardson and/or Serendipity Wellness®. My participation may include unknown negative reactions. I accept any and all risks for any adverse reactions that I may have. I understand that participants with certain health conditions are not recommended to participate in the Programme.

I HEREBY ASSUME ALL SUCH RISKS associated with the programme, known or unknown, including without limitation injury, illness, death, and/or other adverse reactions. I am aware of such risks associated with the programme, including my own physical condition and the actions or conduct of others that I may come into contact with after participating in the programme. I understand that by participating in the programme, I may experience emotional personal memories.

ASSUMING ALL SUCH RISKS, I HEREBY RELEASE, WAIVE ANY AND ALL CLAIMS AGAINST, WILL NOT SUE AND WILL HOLD HARMLESS, Provider from all actions, omissions, causes of action, suits, debts, damages, losses, judgments, injuries, liabilities, and claims and demands whatsoever, in law or in equity (collectively, “Claims”), including without limitation personal injury and death, emotional distress, indirect damages, consequential damages or exemplary damages, even though such Claims may be caused by or result from the negligence or carelessness of such released parties.

I agree that this waiver and release binds me and my heirs, distributees, guardians, legal representatives, successors and assigns. Further, I agree to indemnify, protect, defend and hold harmless Provider, its owners, members, managers, officers, employees, agents and representatives, from and against all Claims arising from or in connection to my involvement or participation in the Services offered by Provider.

Once payment has been made, there are no refunds and acceptance that this course is with a no refund policy as Tracy Richardson and/or Serendipity Wellness® has to prepare for ongoing support outside of the hours of service for numbers on the programme. If on a payment plan, you accept that payments must be made on time and that cancellation of payment plan is not permitted unless discretionary at request from Tracy Richardson and/or Serendipity Wellness® with proof of reason. Should payment not be made in a timely fashion, this can be pursued externally by law and may result in legal action

By purchasing the programme , as the “Client”, I accept the foregoing disclosure, disclaimer, assumption of risk and waiver, and I represent and warrant for Tracy Richardson and/or Serendipity Wellness® reliance, and agree, as material consideration without which Tracy Richardson or Hybrid Therapy would not provide the Services, that:

(1)I HAVE CAREFULLY AND COMPLETELY READ AND AGREED TO ALL OF THE FOREGOING;

(2) all of my questions have been answered to my full satisfaction;

(3) I am not relying on any statement, representation or warranty, agreement or promise by or on behalf of Provider that is not expressly set forth in writing signed by Tracy Richardson and/or Serendipity Wellness®;

(4) I am aware that this is an assumption of risk, release of liability and agreement to arbitrate and that I am giving up legal rights; and

(5) I have purchased the course of my own free will and understand my obligation to pay whether in full or by payment plan.

I have read and agree to the provisions stated above for myself, the Client. I agree to indemnify, protect, defend and hold harmless Tracy Richardson and/or Serendipity Wellness®, its owners, members, managers, officers, employees, agents and representatives, of all liabilities, claims, losses, damage or injury to person or property which may occur or be incident to Client’s involvement or participation in the Services offered by Tracy Richardson and/or Serendipity Wellness®.

This course is non-refundable and once purchased, understand that there is a no refund policy. If a payment plan is undertaken, the client will undertake to satisfy all payments and may be subject to legal action should the payments not be met.

The Provider Tracy Richardson and/or Serendipity Wellness® reserves the right to end the programme for the client at any stage if in breach of rules of the programme including messaging other members without permission.

All property within the programme is subject to Intellectual Property (IP) law and can not be shared with others both on and offline and a breach of this will constitute legal action.

Lifetime access to the programme constitutes lifetime of Tracy Richardson and/or Serendipity Wellness® as a business entity and company and can be stopped at any time if the company is no longer trading without prejudice.