1. Parties & Acceptance

This Agreement is between Mark Carter, trading as Mark Carter Hypnotherapy (“the Practitioner”), and the individual booking or receiving services (“the Client”).

By booking, paying for, attending, or participating in any session (online or in person), you confirm that you:

• Have read and understood this Agreement
• Are of legal age, or have written consent from a parent or legal guardian
• Agree to be legally bound by these terms
• Acknowledge and consent to the recording of sessions as described in this Agreement

If you do not agree to this Agreement, you must not book or attend sessions.

Nothing in this Agreement affects your statutory rights as a consumer under applicable UK law.

2. Nature of Services

1. Hypnotherapy and hypnosis services are non-medical and non-psychotherapeutic in nature.
2. Services involve guided relaxation, focused attention, and suggestion intended to support insight, wellbeing, and personal change.
3. The Practitioner does not diagnose, treat, prescribe for, or cure medical, psychological, or psychiatric conditions.
4. Hypnotherapy is not a substitute for medical care, mental health treatment, psychotherapy, counselling, or crisis support.
5. Services are provided as a complementary and adjunctive modality only.

3. Not Suitable for Emergencies or Crisis

1. Hypnotherapy services are not suitable for emergencies, acute mental health crises, or situations requiring immediate medical or psychiatric intervention.
2. If you are experiencing suicidal thoughts, self-harm urges, psychosis, severe emotional distress, or are at risk of harming yourself or others, you must seek immediate support from emergency services, your GP, NHS mental health services, or an appropriate crisis helpline.
3. The Practitioner does not provide crisis intervention or emergency support.

4. Online Services & Technology Disclaimer

1. Sessions may be delivered via online platforms (e.g. Zoom or equivalent third-party services).
2. You are solely responsible for ensuring:
   • A private, safe, and uninterrupted environment
   • Reliable internet access
   • Suitable equipment (camera, microphone, audio)
3. The Practitioner is not responsible for:
   • Technical failures, outages, or platform malfunctions
   • Interruptions or data handling by third-party service providers
   • Reduced effectiveness due to distractions, lack of privacy, or environmental factors
4. Online platforms are third-party services outside the Practitioner’s control. Absolute confidentiality, security, or uninterrupted access cannot be guaranteed.
5. Online sessions may involve data processing or routing outside the UK or EEA depending on the platform used.
6. Online sessions are recorded as a condition of service. Clients who do not consent to recording must not book or attend online sessions.
7. Online sessions may not be appropriate for all issues and do not guarantee the same experience or outcomes as in-person sessions.

5. Medical & Mental Health Responsibility

1. You are responsible for managing your own physical and mental health and for seeking appropriate medical or psychological care where required.
2. For medically diagnosed conditions (including but not limited to pain management, IBS, or migraines), written clearance from a licensed healthcare professional may be required before sessions commence.
3. Clients with active psychosis, suicidal ideation, severe dissociative disorders, or unstable mental health conditions are not suitable for services unless under the care of a licensed mental health professional and with explicit written clearance.
4. The Practitioner relies on information provided by you and is not responsible for undisclosed conditions, diagnoses, medications, or changes in health status.
5. You acknowledge that hypnosis may influence perception, emotional state, or behaviour and voluntarily accept responsibility for your responses during and after sessions.

6. No Guarantees

1. Results vary between individuals.
2. No guarantees, warranties, or assurances are made regarding outcomes, results, or success.
3. Your progress depends largely on your motivation, engagement, and personal circumstances.

7. Fees, Payment & Reservation of Time

1. All fees are payable in advance unless otherwise agreed in writing.
2. Accepted payment methods are communicated at the time of booking.
3. Any transaction or processing fees are your responsibility.
4. Failure to pay in full prior to a session will result in cancellation of the booking.

Reservation of Time, Not Results

All bookings and prepaid sessions reserve the Practitioner’s professional time and availability only. Fees are charged for time reserved and services provided, not for specific outcomes or results. Dissatisfaction with outcomes does not constitute grounds for a refund, except where required by law.

8. Cancellation & No-Show Policy

1. Appointments are reserved exclusively for you.
2. A minimum of 24 hours’ notice is required to cancel or reschedule.
3. Cancellations with less than 24 hours’ notice or failure to attend a session will result in forfeiture of the full session fee.
4. Exceptional circumstances may be considered at the Practitioner’s discretion, but this does not guarantee rescheduling or refund.

9. Prepaid Sessions

1. Prepaid sessions are non-refundable, non-transferable, and non-exchangeable, except where required by law.
2. Missed or late-cancelled sessions are forfeited.
3. Prepaid sessions expire 12 months from the date of purchase unless otherwise agreed in writing.

10. Scope of Work

1. Services are limited to the issue(s) identified during the initial consultation and any subsequent agreed scope.
2. New, additional, or unrelated issues may require a new assessment and agreement.
3. The Practitioner reserves the right to decline or discontinue services outside the agreed scope or where continuation is inappropriate or unsafe.

11. Confidentiality

1. Client information is treated as confidential.
2. Confidentiality may be broken where:
   • Disclosure is required by law, or
   • There is a reasonable belief of risk of serious harm to you or others
3. Anonymised information may be used for professional development, supervision, or record-keeping only with explicit consent, which may be withdrawn at any time.

12. Data Protection & GDPR Compliance (UK & EU)

The Practitioner complies with the UK GDPR and EU GDPR where applicable.

Data Collected

• Name and contact details
• Intake forms and session notes
• Communications
• Payment records
• Audio and/or video recordings of sessions

Legal Basis for Processing

• Contractual necessity
• Legitimate interests
• Explicit consent where required

Recording of Sessions

1. Sessions are routinely recorded for professional purposes including record-keeping, quality assurance, practitioner reflection, and legal or insurance protection.
2. For in-person sessions, you may request that only the Practitioner is recorded. Where such a request is made, reasonable efforts will be taken to accommodate this.
3. For online sessions, recording of the session is a condition of service. If you do not consent to recording, online sessions must not be booked or attended.
4. Recording will be disclosed prior to the session and again at the start of the session.
5. Recordings constitute personal data and are handled in accordance with applicable data protection law.

International Transfers

Where online platforms or service providers process data outside the UK or EEA, appropriate safeguards are relied upon in accordance with applicable data protection law.

Your Rights

You have the right to:

• Access your personal data
• Request correction
• Request deletion (subject to legal and professional obligations)
• Restrict or object to processing
• Withdraw consent where applicable

Data Retention

Client records, including session recordings, are retained only for as long as reasonably necessary for professional, legal, insurance, or regulatory purposes and for a minimum of five (5) years from the date of the final session unless longer retention is legally required. Data is securely deleted or anonymised thereafter.

13. Minors

1. Clients under 18 require written consent from a parent or legal guardian.
2. The parent or guardian agrees to this Agreement on behalf of the minor and accepts responsibility for participation.
3. The Practitioner may require a parent or guardian to be present for sessions.

14. Consent to Limited Physical Contact (In-Person Only)

1. Some techniques may involve brief, non-sexual, non-invasive physical contact (e.g. hands, shoulders, arms).
2. Any such contact will be explained in advance.
3. Consent may be refused or withdrawn at any time without explanation.
4. No physical contact occurs during online sessions.

15. Termination

1. You may terminate services at any time.
2. Fees already paid remain non-refundable, except where required by law.
3. Termination does not affect accrued payment obligations.
4. The Practitioner may terminate services where continuation is inappropriate, unsafe, outside scope, or inconsistent with professional standards.

16. Limitation of Liability

To the fullest extent permitted by law:

1. The Practitioner is not liable for indirect, incidental, or consequential loss or damages arising from participation in services.
2. Total liability is limited to the total fees paid by the Client in the twelve (12) months preceding any claim, except where liability cannot legally be limited.
3. Nothing in this Agreement limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

17. Assumption of Risk & Client Responsibility

You voluntarily participate in hypnotherapy services and assume responsibility for all associated risks, including actions taken, decisions made, or behavioural changes implemented outside sessions, except where liability cannot legally be excluded.

18. Dispute Resolution & Governing Law

1. This Agreement is governed by the laws of England and Wales.
2. Parties will attempt to resolve disputes through good-faith discussion in the first instance.
3. Alternative dispute resolution may be used where appropriate.
4. Nothing in this clause removes the Client’s right to bring a claim before the courts of England and Wales, which shall have exclusive jurisdiction.

19. Entire Agreement & Severability

1. This document constitutes the entire agreement between the parties.
2. No verbal statements or prior communications override this Agreement.
3. If any provision is found unenforceable, the remaining provisions remain in full force and effect.

20. Digital Acceptance

Booking, payment, or digital signature constitutes legal acceptance of this Agreement.

Contact Information

If you have any questions about these terms, please contact us:

Phone: 07843 280868

Email: markcarterhypnotherapy@gmail.com

Location: Brentwood, Essex