Your use of Our Web Site, and Our Telephone Booking Service is subject to these terms and conditions together with any additional terms and policies referred to in them (“Our Terms”).
Thank you for choosing Dragonfly Skin, the best place to book a professional massage in Leeds.
These terms and conditions of service together with any terms and policies referred to in them (“Our Terms”) constitute a legally binding agreement between you and Dragonfly Skin (“Dragonfly Skin”, “we”, “us” or “our”).
Dragonfly Skin is a Sole Tradership.
Dragonfly Skin provides a booking, massage therapy & beauty treatment service (the “Services”). Please note that by making a booking an appointment with Dragonfly Skin you are agreeing to our Terms & Conditions and our Privacy Notice. You also agree to attend the appointment you have booked.
Please take the time to read through this information carefully.
Interpretation and Definitions
In these Terms and Conditions, the following words will have the following meanings:
‘Agreement’ the agreement containing these Terms and Conditions;
‘Appointment’ the period during which a Therapist performs Services for You, beginning when the Therapist first reports to You to take up their duties (or, if earlier, the commencement of such Services by the Therapist) and ending on the cessation by the Therapist of all such work or Services as set out in the Contract;
‘Claims all demands’, ‘claims’, ‘proceedings’, ‘penalties’, ‘fines’ and ‘liability’ (whether criminal or civil, in contract, tort or otherwise);
‘Fee(s)’ the fees payable by You to Dragonfly Skin for the supply of Services in the sum set out in the Contract;
‘Losses’ all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever;
‘Order’ your order for the supply of Services in the form set out in Schedule 1;
‘Parties’ You and Dragonfly Skin, and Party will mean either one of them;
‘Services’ the supply of services by Dragonfly Skin Therapist(s) to provide You with on-site massage and/or reflexology treatment or any other treatment as set out in the Contract between the Parties;
‘Therapist’ one or more persons supplied by Dragonfly Skin to provide You with the Services; and
‘You’ means the purchaser or potential purchaser for the supply of Services from Dragonfly Skin;
2.1 Dragonfly Skin will provide the Services to You in consideration of payment of the Fees payable by You to Dragonfly Skin, subject to these Terms and Conditions.
2.2 When supplying a Therapist to You, Dragonfly Skin is acting as an employment business as defined in the 2003 Regulations.
2.3 When supplying a Therapist, Dragonfly Skin will inform You, so far as enabled to do so by information provided by the Therapist to Dragonfly Skin:
that the Therapist has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work on the Appointment (including, where relevant, an appropriate Disclosure and Barring Service criminal records check);
whether the Therapist is employed by Dragonfly Skin under a contract of service or apprenticeship or a contract for services; and
that the Therapist is willing to work on the Appointment.
2.4 If You breach any of Terms and Conditions, Dragonfly Skin reserves the right to withdraw, without notice, any Therapist supplied without incurring any liability to You.
Your obligations and acknowledgments
- You will:
- specify your exact requirements by providing full details of the work for which the Therapist is required and, in particular, by notifying Dragonfly Skin when placing the Order of:
- any special skills required for such work;
- any special health and safety matters about which Dragonfly Skin is obliged to inform the Therapist; and
- any requirements imposed by law or by any professional body which must be satisfied if the Therapist is to fill the Appointment;
- not allow or request, gesture or insinuate any Therapist to undertake any work other than that which You have notified to Dragonfly Skin in placing the Order for that Therapist in accordance with clause 3.1(a);
- verify at the beginning of the Appointment that the Therapist is suitable for the purposes for which they are required and that they have the capability to carry out the duties required; and
- comply with all other obligations, duties and regulations, whether statutory or otherwise including those relating to the place, nature or system of work, in any way arising from or directly or indirectly connected with the services rendered by the Therapist.
- You acknowledge and agree that:
- if You reasonably consider the Therapist to be unsatisfactory, You will make a complaint to Dragonfly Skin by telephone and confirm it in writing within one day of the finding, but You will not have the right to withhold payment of any Fee due to Dragonfly Skin.
- You will at all times treat all Therapists with due respect and dignity and in particular must take all steps to avoid any unlawful discriminatory treatment towards them.
- confirm that You are not aware of anything which will cause a detriment to your interests or of the interests of the Therapist in any Appointment; and
- will inform Dragonfly Skin immediately if You become aware of any circumstances which would render any Appointment detrimental to your interests or the interests of the Therapist.
- You will notify Dragonfly Skin immediately if the Therapist fails to attend work or notifies You that they are unable to attend work for any reason.
- Prior to the appointment, You are responsible for completing the necessary forms.
- You are responsible for retaining a copy of the completed safety forms and You consent to Dragonfly Skin and the Therapist to keep a paper or electronic copy of the safety form for a period of 5 years from the completion of an Appointment.
Fees and payment
- You will pay the following Fees (as specified in the Contract) to Dragonfly Skin for the supply of Services:
- the Fees in respect of each Appointment; and
- any other expenses as have been agreed by the Parties in advance.
- You shall make payment of the Fees and any travel and other expenses as agreed to Dragonfly Skin immediately on the date Dragonfly Skin confirm acceptance of your booking unless otherwise agreed in writing between the Parties.
- All amounts stated are exclusive of VAT, which will, if applicable, be charged in addition at the rate in force at the time You are required to make payment.
- If You do not make payment by the date stated in an invoice or as otherwise provided for in these Terms and Conditions, then Dragonfly Skin will be entitled:
- to charge interest (both before and after any judgment) on the outstanding amount at the rate of 8% a year above the base lending rate of the Bank of England, accruing daily; and
- to not perform any further Services, or any part of the Services.
- You cannot withhold payment of our Fees on the grounds that You are dissatisfied with the Therapist’s work. In cases of unsatisfactory work.
Cancellations & Late Arrivals
- If You reasonably consider that the Services of the Therapist are unsatisfactory, You must provide confirmation, in writing, of the unsuitability of the Therapist, including reasonably satisfactory evidence, within 24 hours.
- We request that You arrive 5-10 minutes before your appointment to allow time to fill out any required paperwork as well as answer any questions you or your therapist might have.
- To change or cancel an Appointment without incurring charges, You must provide Dragonfly Skin with notice of 24 hours before the start date of the Appointment.
- As Dragonfly Skin will incur irrevocable costs in respect of the administration and labour in finding a suitable Therapist for You, the following fees shall apply and – if applicable – will be deducted from any refund due to You:
- 50% of the Fees if You provide Dragonfly Skin with notice of less than 24 hours before the start date of the Appointment;
- 100% of the Fees if You provide Dragonfly Skin with no notice and fail to attend the agreed Appointment.
- If applicable, and You have already paid for the Appointment, payment of any refund will be made to You within 14 working days of the cancellation of the Appointment using the same method of payment You used to pay for the Order.
- Each Party (Receiving Party) will keep the confidential information of the other Party (Supplying Party) confidential and secret, whether disclosed to or received by the Receiving Party. The Receiving Party will only use the confidential information of the Supplying Party for the purpose of and for performing the Receiving Party’s obligations under this Agreement. The Receiving Party will inform its officers, employees and agents of the Receiving Party’s obligations under the provisions of this clause 6.1, and ensure that the Receiving Party’s officers, employees and agents meet the obligations.
- The obligations set out in this clause will survive termination of this Agreement for a period of 6 months.
Health & Safety
- All practitioners at Dragonfly Skin are qualified, and hold professional and public liability insurance, for the services that they provide.
- Due to the nature of massage and the need for close contact, all Dragonfly Skin practitioners will maintain a high standard of personal hygiene and clients are asked to ensure that they also maintain a high standard of personal hygiene.
- If a practitioner is unwell, suffering from a cold or virus, infection or general ill health, they will not be allowed to work due to the risks of cross contamination. This may result in Dragonfly Skin contacting you to inform you of the issue at the earliest opportunity to make suitable alternative arrangements.
- Clients are asked not to attend for a massage if they are unwell, suffering from a cold or virus, infection or general ill health. Please contact Dragonfly Skin at the earliest opportunity to rearrange your appointment. If you are unwell and contact us to inform us of your illness, please note that our Cancellation Policy may still apply.
- Dragonfly Skin, including the practitioners, will not be held responsible for the loss or damage of personal items during your time at the Dragonfly Skin premises.
- Clients under the age of 18 years must be accompanied by a parent or guardian. This parent or guardian must give permission for the agreed massage plan to be performed and will be requested to provide said permission in writing through our Permission Form. They will be invited to stay in the room for the duration of the appointment and expected to remain present throughout the treatment.
- Dragonfly Skin holds the right to refuse any treatment if a client is physically or verbally abusive towards any practitioner, or demonstrates inappropriate, aggressive or sexual behaviour. Such behaviour may result in a partial or total ban from Dragonfly Skin, and may also result in criminal proceedings.