Performance Animal Physiotherapy

​Equine Physiotherapy Services​

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Terms & Conditions of Business

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Booking Terms & Conditions
Business: Performance Animal Physiotherapy
Owner: Kimberley Mallett
Website: www.performance-animal-physiotherapy.co.uk

These Booking Terms & Conditions (“Terms”) apply to all appointments, treatments, assessments, treatment packages and treatment plans provided by Performance Animal Physiotherapy (“PAP”, “we”, “us” or “our”) to a client (“you” or “the Client”).

By accepting these Terms through the PAP client intake/booking process, you agree that they apply to your initial appointment and to all subsequent appointments unless PAP notifies you of a change to the Terms.

These Terms are intended to be read alongside PAP's Privacy Policy and any specific written quotation, treatment package or treatment-plan terms provided to you.

 

1. About PAP and the services provided

PAP is a mobile equine veterinary physiotherapy practice providing services at yards, stables, homes, competition venues and other locations agreed with the Client.

Services may include, where clinically appropriate:

• Equine veterinary physiotherapy assessment

• Movement and gait assessment

• Musculoskeletal and palpation assessment

• Manual therapy

• Exercise rehabilitation and performance support

• Electrotherapy and radiofrequency/TECAR treatments

• Rehabilitation following injury or veterinary treatment

• Preventative and performance-focused physiotherapy

• Ongoing rehabilitation and performance support

• Use of assessment technology including gait analysis, video, photographs and templating where appropriate

The service provided at an individual appointment will be determined by the horse's presentation, history, veterinary information, clinical findings and professional judgement.

PAP may change, reduce, postpone or stop a planned treatment where this is considered clinically appropriate.

 

2. Professional and veterinary requirements

PAP provides veterinary physiotherapy within the legal and professional framework applicable to animal physiotherapy in England.

Where the horse has a known or suspected injury, illness, lameness, pathology or other clinical condition requiring veterinary investigation or treatment, PAP may require appropriate veterinary examination, consent, referral, direction or other veterinary involvement before or during physiotherapy.

PAP may contact the horse's veterinary surgeon where appropriate and where the Client has provided the necessary details and authority to do so.

PAP may decline to commence or may stop treatment where the horse is not considered suitable for physiotherapy at that time, including where further veterinary investigation or treatment is considered necessary.

Routine maintenance or performance work does not necessarily require a direct veterinary referral where permitted by law and professional guidance. PAP may nevertheless request veterinary details or veterinary consent where considered appropriate.

The Client remains responsible for obtaining veterinary diagnosis and treatment where required and for providing PAP with accurate and relevant veterinary information.

PAP's services do not replace veterinary diagnosis, veterinary treatment or emergency veterinary care.

 

3. Client responsibility and authority

The person booking an appointment confirms that they:

• Have authority to request physiotherapy for the horse

• Have provided accurate and complete information relevant to the horse's health, history, behaviour and management

• Will inform PAP of any relevant veterinary treatment, medication, injury, illness, lameness or change in condition

• Will inform PAP of any relevant changes before an appointment

• Have authority to consent to the assessment and treatment being provided

Where the person booking the appointment is not the owner, they must have the owner's authority to arrange the service.

PAP may request owner, veterinary or other relevant contact details where reasonably required for clinical, administrative, insurance or welfare purposes.

 

4. Booking appointments

Appointments may be requested by text message, email, telephone, online booking systems or other agreed communication methods.

An appointment is confirmed when PAP has agreed the appointment date and time with the Client.

PAP may require completion of a client intake/update form before treatment.

The Client's acceptance of these Terms through the intake or booking process applies to the initial appointment and subsequent appointments unless otherwise agreed.

PAP may decline a booking where the requested service is outside its professional scope, where veterinary involvement is required but unavailable, or where the circumstances are unsuitable for safe or appropriate treatment.

 

5. Appointment times and delays

PAP will make reasonable efforts to attend at the agreed time.

Appointment times may occasionally be affected by:

• Emergency or urgent clinical circumstances

• Traffic or road conditions

• Weather

• Delays at previous appointments

• Veterinary or welfare considerations

• Other circumstances outside PAP's reasonable control

Where reasonably practicable, PAP will notify the Client of significant delays.

The Client should allow sufficient time for the appointment and should have the horse available and ready at the agreed time.

Where PAP is unable to provide the appointment due to circumstances within PAP's control, PAP will offer an alternative appointment where reasonably practicable and any payment already made for the affected appointment will be dealt with appropriately.

 

6. Preparing the horse and appointment location

The Client is responsible for ensuring that:

• The horse is reasonably clean and dry where practicable

• A safe and suitable area is available for assessment and treatment

• Appropriate shelter is available where weather conditions make this necessary

• There is sufficient safe space for the planned assessment

• Any necessary facilities, such as a suitable surface or arena, are available where previously discussed

• Suitable parking and reasonable access to the horse are available

• The horse can be safely handled for the planned assessment and treatment

For gait or movement assessment, PAP may require suitable surfaces and sufficient space for walking, trotting or other movement assessment.

Where specific facilities are required, PAP may discuss these with the Client before the appointment.

 

7. Horse behaviour and handling

The Client must disclose any known behaviour or handling issue that could affect the safety of the horse, Client, handler, PAP or any other person.

This includes, but is not limited to:

• Kicking

• Biting

• Striking

• Rearing

• Charging

• Dangerous or unpredictable behaviour

• Difficulties with tying

• Difficulties with lifting or handling the limbs

• Sensitivity to touch

• Problems with restraint or handling

• Previous incidents involving veterinary, farrier or therapy personnel

A competent adult handler must be present at the appointment unless PAP has specifically agreed otherwise in advance.

The Client must not conceal or minimise a known safety issue.

PAP may refuse, pause or stop an assessment or treatment if, in PAP's reasonable professional judgement, the horse or circumstances present an unacceptable safety risk.

Where an appointment has commenced, time spent undertaking an assessment or other professional service remains chargeable. Where PAP has travelled to the appointment location, the applicable travel charge will also remain payable.

PAP may recommend veterinary, behavioural or other professional support where appropriate.

 

8. Severe weather, unsafe conditions and access

PAP may postpone or rearrange an appointment where weather, road, yard or other conditions create an unreasonable safety risk.

This may include extreme heat, snow, ice, flooding, high winds, unsafe surfaces or other conditions that make travelling to or working at the appointment location unsafe.

Where PAP cancels or rearranges an appointment because of such circumstances, no cancellation charge will be applied to the Client.

The Client should notify PAP as soon as possible if the yard or access route becomes unsafe.

 

9. Veterinary fitness and clinical discretion

PAP retains professional discretion regarding whether a horse is suitable for the planned service on the day.

If a horse presents with previously undisclosed or newly identified lameness, illness, injury or other clinical concern, PAP may:

• Modify the assessment

• Provide only an appropriate limited assessment

• Stop treatment

• Recommend veterinary examination

• Contact the horse's veterinary surgeon where appropriate

• Rearrange treatment following veterinary advice or consent

Where PAP has attended and commenced an assessment, the applicable assessment/service charge will remain payable.

Where PAP has travelled to the appointment location, the applicable travel charge will also remain payable.

PAP does not guarantee that a horse will be suitable for every planned treatment at every appointment.

 

10. Treatment recommendations and outcomes

Physiotherapy treatment and rehabilitation recommendations are based on the information available and the horse's presentation at the time of assessment.

No guarantee is given regarding the outcome, speed of recovery or performance improvement following treatment.

The Client is responsible for following agreed exercise, management and rehabilitation recommendations and for seeking further veterinary assessment where advised.

PAP may recommend further veterinary investigation, diagnostic imaging, veterinary treatment or referral to another appropriate professional where clinically indicated.

Failure to follow recommended rehabilitation, exercise, management or veterinary advice may affect the horse's progress.

 

11. Appointment duration and additional work

Appointment durations are approximate and may vary according to the horse's needs and the services being provided.

Where clinically appropriate, PAP may carry out additional assessment or treatment beyond the service originally anticipated.

If this results in an additional charge, PAP will explain this to the Client where reasonably practicable before the additional charge is incurred.

The Client remains responsible for charges relating to services actually requested and provided.

 

12. Travel charges

PAP operates a radius-based travel charging system.

• Travel charges increase by £5 for each applicable radius band.

• The applicable travel charge is determined by the appointment location and PAP's current travel-zone information.

• Where PAP attends multiple horses on the same yard, or horses within approximately 5 miles of each other, the travel charge may be shared between the horses/Clients where practical.

• PAP may group appointments geographically where reasonably practicable.

• Travel charges apply in addition to treatment charges unless expressly stated otherwise.

Where a Client cancels an appointment, PAP will not normally charge the travel fee if PAP has not started travelling to the appointment.

If PAP has already begun travelling to the appointment, or has arrived at the appointment location, the applicable travel charge may remain payable.

Where PAP attends the appointment but is unable to provide treatment because the horse is unsafe, unfit for treatment, unavailable, or otherwise unsuitable for treatment, the applicable travel charge remains payable and any assessment/service already undertaken may also be charged.

The current travel-zone information is available on the PAP website.

 

13. Prices and additional charges

Treatment prices are those applicable at the time of booking unless a specific written quotation or package price has been agreed.

Travel charges are additional unless expressly included in the quoted price.

Prices may vary where the service provided differs materially from the service originally booked.

Where an appointment requires additional treatment areas, additional services or other chargeable work, PAP will advise the Client where reasonably practicable.

PAP may change its standard prices for future bookings. A price already agreed for a confirmed appointment, package or plan will not be retrospectively changed unless otherwise expressly agreed or permitted under the relevant package/plan terms.

 

14. Payment

Payment is due as follows unless otherwise agreed:

• Pay-as-you-go appointments: payment is due on the day of treatment unless an alternative payment arrangement has been agreed.

• Invoices: payment is due by the date stated on the invoice.

• Treatment packages: payment must be received in accordance with the package terms and before the discounted package treatment is commenced.

• Annual treatment plans: payment is made by the agreed monthly payment method.

• Professional or yard arrangements: payment is due in accordance with the agreed yard/business payment terms.

PAP accepts the payment methods currently offered by PAP, which may include card, cash, bank transfer, GoCardless/direct debit or other agreed payment methods.

PAP does not accept cheques.

PAP may suspend future appointments where an undisputed invoice remains unpaid.

Clinical reports or other requested documentation may be withheld until outstanding invoices have been paid in full, except where disclosure is required by law or otherwise professionally necessary.

 

15. Deposits for new clients

A £20 deposit may be required to secure an initial appointment for a new Client.

Alternatively, PAP may require the Client to authorise an agreed automatic payment method.

The £20 deposit will normally be credited against the first treatment invoice.

Where a new Client cancels in accordance with the applicable cancellation period, the deposit will be refunded or transferred to another appointment as agreed.

Where a late cancellation charge applies, the deposit may be retained and credited towards the applicable cancellation or assessment charge.

A deposit does not remove or reduce any statutory consumer rights.

 

16. Cancellation and missed appointments

PAP understands that cancellations are sometimes unavoidable and will apply the following standard cancellation terms.

Cancellation 48 hours or more before the appointment

 - No cancellation charge will normally apply.

Cancellation less than 48 hours before the appointment

 - A £20 late cancellation charge may apply.

Cancellation less than 24 hours before the appointment or failure to attend

 - A £50 late cancellation/no-show charge may apply.

For new Clients, the £20 deposit may be credited against the applicable charge.

Where PAP is able to rebook the appointment and materially reduce its loss, PAP may waive or reduce a cancellation charge.

PAP may also waive or reduce a cancellation charge where there are exceptional circumstances, including genuine emergencies.

Cancellation charges are intended to reflect the direct administrative, diary and appointment-capacity loss associated with late cancellation and will not be applied where doing so would be inconsistent with applicable consumer law.

Where an appointment is cancelled by PAP, the Client will not be charged a cancellation fee and, where appropriate, will be offered an alternative appointment.

 

17. Annual Treatment Plans

PAP may offer discounted annual treatment plans, currently including:

• Gold — appointments approximately every 4 weeks: £60 per month

• Silver — appointments approximately every 6 weeks: £43 per month

• Bronze — appointments approximately every 8 weeks: £35 per month

Appointment frequency is an approximate guide rather than a guarantee of a specific appointment date.

The monthly payment provides access to the discounted treatment-plan rate and priority booking arrangements subject to availability.

The plan is intended as a 12-month commitment.

Unused treatment entitlement may be carried forward, subject to a maximum period of 12 months and the specific plan terms.

A plan may be paused for up to 3 months where agreed with PAP.

Where a Client voluntarily terminates a plan before the minimum commitment period for reasons other than an agreed exception, PAP may recalculate the cost of treatments already received at the applicable standard pay-as-you-go rate and invoice the difference between that rate and the discounted amount actually paid.

PAP will not charge for future treatments that it is no longer required to provide.

Where a horse is sold, dies, is permanently retired, the Client moves outside PAP's normal service area, or veterinary advice makes continued treatment inappropriate, PAP will consider cancellation of the plan on a case-by-case basis. Any adjustment will reflect treatments actually received and payments actually made.

A plan cannot ordinarily be transferred directly to a different horse because a new horse requires an appropriate initial assessment. A new horse must undergo a full initial assessment before being placed onto a treatment plan.

 

18. TECAR Radiofrequency Treatment Packages

PAP may offer discounted TECAR radiofrequency treatment packages.

Current package prices may include:

• Ultimate Performance or Injury Package — 6 treatments including initial assessment and treatment, gait analysis and exercise plan: £395

• 4 TECAR treatments: £245

• 6 TECAR treatments: £360

• 8 TECAR treatments: £470

• 10 TECAR treatments: £550

Package prices and savings may change for future purchases.

Unless expressly stated otherwise, the package price covers one treatment area per treatment. Additional treatment areas may incur an additional charge of £10 per area per session.

Travel charges remain payable where applicable.

Packages must normally be paid for in full before the first package treatment to receive the discounted package price.

Treatment remains subject to clinical suitability. PAP will not provide a treatment that is considered inappropriate or unsafe for the horse.

Where a horse subsequently becomes unsuitable for a particular treatment, PAP will discuss the available options with the Client. This may include using remaining package value towards another clinically appropriate service where agreed.

Packages are specific to the horse and are not automatically transferable to another horse.

Package expiry, transfer and refund arrangements will be confirmed at the time of purchase and will be subject to applicable consumer law.

 

19. Professional and livery yard arrangements

PAP may offer discounted rates to professional yards, livery yards or other business clients where a minimum number of horses are treated during a visit.

The arrangements may include:

• Minimum number of horses per visit

• Agreed treatment frequency

• Bespoke treatment pricing

• Shared travel charges

• Yard-based invoicing

• Monthly or per-visit invoicing

The specific commercial terms will be agreed separately with the relevant Client or business.

Where the Client is acting in the course of a business, separate commercial payment and late-payment provisions may apply.

Where qualifying business-to-business legislation applies, PAP reserves the right to claim statutory interest and recovery costs on overdue commercial debts.

 

20. Reports, records and clinical information

PAP maintains clinical and administrative records relating to appointments.

Records may include:

• Clinical assessment findings

• Treatment provided

• Exercise and rehabilitation recommendations

• Photographs and videos

• Gait analysis information

• Templating and other assessment information

• Veterinary information

• Appointment and payment information

Clinical records are normally retained for seven years and may be stored using Equigate and/or secure Google Drive systems.

Clients may request a copy of their relevant records, subject to applicable law.

Treatment reports may be provided following an appointment where requested and once relevant outstanding payment has been received.

Where appropriate, PAP may communicate relevant clinical information to the horse's veterinary surgeon or another relevant professional involved in the horse's care.

 

21. Photographs and videos

PAP may take photographs or videos of the horse during assessment and treatment where clinically useful for:

• Clinical assessment

• Treatment records

• Monitoring progress

• Gait analysis

• Exercise or rehabilitation planning

• Comparison of changes over time

Clinical photographs and videos form part of the clinical record where relevant.

Any use of photographs or videos for marketing, social media, promotional or educational purposes will be subject to separate Client consent.

Marketing consent is optional and is not a condition of booking or receiving treatment.

A Client may withdraw marketing consent at any time.

 

22. Data protection and confidentiality

PAP processes personal information in accordance with applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018.

Personal information may be used for purposes including:

• Booking and appointment administration

• Providing treatment

• Maintaining clinical records

• Communicating with the Client

• Communicating with veterinary surgeons or other relevant professionals where appropriate

• Processing payments

• Insurance or professional requirements

• Legal and regulatory compliance

PAP will take reasonable steps to keep personal information secure and confidential.

Further information about how PAP collects, uses, stores and protects personal information is provided in the PAP Privacy Policy.

 

23. Insurance

PAP maintains professional and public liability insurance appropriate to its activities.

PAP's current insurance arrangements include, subject to the terms, conditions and exclusions of the relevant policy:

• Public Liability — £5,000,000

• Professional Indemnity — £5,000,000

• Products Liability — £5,000,000

• Legal Expenses — £250,000

• Libel and Slander — £5,000,000

• Breach of Data — £1,000,000

Insurance limits do not increase PAP's contractual liability beyond what is legally applicable.

Clients are responsible for checking their own horse insurance policy and insurer requirements.

PAP does not guarantee that any treatment or associated cost will be reimbursed by an insurer.

Where appropriate, PAP can provide invoices and treatment reports to assist the Client with an insurance claim.

The Client remains responsible for PAP's charges regardless of whether an insurer accepts or rejects a claim.

 

24. Risks associated with assessment and treatment

Equine physiotherapy, gait assessment, rehabilitation exercises and associated handling involve inherent risks because horses are large, unpredictable animals.

The Client acknowledges that:

• Horses may react unexpectedly to handling, movement, treatment or equipment.

• Assessment and treatment may involve movement, exercise, handling and physical contact with the horse.

• Rehabilitation exercises may involve additional risks which should be assessed according to the horse and circumstances.

• The Client must follow PAP's reasonable safety instructions.

• Any known safety, behavioural or health issue must be disclosed before treatment.

PAP will provide services with reasonable care and skill and in accordance with applicable professional and legal requirements.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory rights that cannot legally be excluded.

 

25. Client property and third-party property

PAP is not responsible for loss of or damage to Client property, tack, equipment, vehicles or other personal property except where liability arises under applicable law.

Clients remain responsible for the safety and security of their own property and for ensuring that any equipment supplied or used by the Client is suitable and safe.

Where PAP uses equipment belonging to a yard or Client, PAP will take reasonable care but cannot accept responsibility for defects or unsafe conditions not reasonably apparent to PAP.

 

26. Children and young persons

PAP does not enter into treatment contracts with persons under 18 years of age.

A person under 18 may be present during an appointment where appropriate, provided a responsible adult is present and a competent adult handler is available to safely handle the horse.

PAP may require a parent, guardian or other responsible adult to remain present where appropriate.

 

27. Emergencies

PAP is not an emergency veterinary service.

If a horse appears to require urgent veterinary attention, PAP may recommend that the Client contacts their veterinary surgeon or an appropriate emergency veterinary service.

PAP may stop treatment or assessment where immediate veterinary attention appears appropriate.

 

28. International and competition work

PAP may provide professional services outside the UK, including work associated with international equestrian events.

International appointments may be subject to separate booking arrangements, pricing, travel costs, insurance requirements and the laws and professional requirements applicable in the country concerned.

These Terms apply to international services only to the extent that they are legally applicable and may be supplemented or replaced by specific written terms for the relevant event or country.

 

29. Complaints

PAP aims to provide a professional, safe and appropriate service.

If you have a concern or complaint, you should first raise it with PAP so that the matter can be considered and, where appropriate, resolved.

Where applicable, Clients may also use the relevant complaints process available through IRVAP.

Nothing in this section limits any statutory rights available to the Client.

 

30. Third parties

Unless expressly stated otherwise, these Terms create a contract between PAP and the Client only.

No third party may enforce these Terms under the Contracts (Rights of Third Parties) Act 1999 unless expressly agreed otherwise.

 

31. Changes to these Terms

PAP may update these Terms from time to time to reflect changes in law, professional requirements, services, pricing or business arrangements.

The Terms applicable to an existing confirmed appointment will not be changed retrospectively in a way that unfairly alters the agreed contract.

Where material changes affect ongoing treatment plans or recurring arrangements, PAP will provide reasonable notice and explain any changes that affect the Client.

 

32. Consumer rights

Nothing in these Terms affects any statutory rights that apply to a Client as a consumer.

Where the Consumer Rights Act 2015 applies, services will be provided with reasonable care and skill and the Client retains all statutory rights and remedies that cannot lawfully be excluded.

Where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to a booking, PAP will comply with the applicable information and cancellation requirements.

 

33. Distance and telephone bookings

Where a booking is made by telephone, text, email, online booking system or another method that constitutes a distance contract, PAP will provide the information required by applicable consumer legislation.

Where applicable, the Client may be asked to expressly request that PAP begins providing the service before the expiry of any statutory cancellation period and to acknowledge the effect this may have on statutory cancellation rights.

Any statutory cancellation right will apply only where the relevant legislation applies and will not be removed by these Terms.

 

34. Governing law

These Terms and any contract between PAP and a Client are governed by the law of England and Wales, except where mandatory applicable law requires otherwise.

Nothing in these Terms prevents a consumer from relying on mandatory legal protections available in the jurisdiction in which they reside where those protections cannot lawfully be excluded.

 

35. Acceptance of these Terms

Before their first appointment, Clients will be asked to confirm that they have read and accepted these Terms through the PAP client intake/booking process.

By ticking the relevant acceptance box and submitting the form, the Client confirms that they have read and accepted these Terms.

These Terms will then apply to subsequent appointments booked with PAP unless PAP provides updated Terms.

The Client's acceptance of these Terms does not affect any statutory rights that cannot lawfully be excluded.

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Performance Animal Physiotherapy
Kimberley Mallett
BSc(Hons) AniSci, MScVetPhys, MIRVAP, FEI PET

www.performance-animal-physiotherapy.co.uk