The Elevate Collection Agreement – Clause Framework
1. Definitions and Interpretation
The terms defined within this Agreement shall have the meanings assigned to them throughout these Terms and Conditions. The definitions are intended to ensure consistency, certainty and clarity in the interpretation and application of this Agreement.
2. Legal Contracting Entity
The Member acknowledges that this Agreement is entered into with the legal entity operating under the trading name of Elevate Medical & Aesthetic Clinic. The Clinic shall identify the contracting legal entity within this Agreement.
3. Membership Eligibility
The Member shall be at least eighteen (18) years of age and shall possess the legal capacity to enter into this Agreement. The Member acknowledges that acceptance into the Membership Programme remains subject to any clinical assessment considered necessary by the Clinic.
4. Clinical Independence
The Member acknowledges that all clinical decisions shall remain solely the responsibility of the treating doctor or practitioner. Membership shall not create an entitlement to receive any treatment, prescription, investigation or procedure where the treating doctor or practitioner considers that such treatment is not clinically appropriate or in the Member’s best interests.
5. Personalised Treatment Plan
The treating doctor or practitioner may develop a personalised treatment plan following consultation and clinical assessment. The Member acknowledges that any treatment plan represents a clinical recommendation only and may be amended, postponed or withdrawn where clinically indicated.
6. Membership Term and Renewal
The Member shall enter into Membership for the minimum contractual period specified within the Membership Schedule. Following expiry of the initial Membership Term, Membership shall continue on a rolling monthly basis unless terminated in accordance with these Terms and Conditions.
7. Membership Fees
The Member shall pay the applicable Membership Fee on the agreed monthly payment date using Direct Debit or another payment method approved by the Clinic. The Member shall ensure that valid payment details remain available throughout the Membership.
8. Direct Debit Administration
Where Membership Fees are collected by Direct Debit, the Member shall maintain an active Direct Debit instruction and shall notify the Clinic promptly of any changes to banking details that may affect payment collection.
9. Missed Payments
Where a Membership Fee cannot be successfully collected, the Clinic may notify the Member and may temporarily suspend Membership benefits until the outstanding balance has been resolved. Membership benefits may recommence once the Member’s account has been brought up to date.
10. Suspension of Membership
The Clinic may suspend Membership where this is considered necessary for administrative, clinical, safeguarding or other reasonable operational purposes. During any period of suspension, access to Membership benefits may also be suspended.
11. Cancellation and Termination
The Member may terminate Membership in accordance with these Terms and any applicable statutory rights. The Clinic may terminate Membership where permitted by this Agreement or where continued Membership is no longer appropriate or reasonably practicable.
12. Appointment Booking and Attendance
The Member shall book appointments subject to availability and shall provide the minimum notice period specified by the Clinic where an appointment requires cancellation or rearrangement. The Member acknowledges that repeated non-attendance or late cancellation may affect access to Membership benefits.
13. Treatment Availability
The Member acknowledges that treatments remain subject to clinician availability, equipment availability, product availability and ongoing clinical suitability. The Clinic may offer clinically appropriate alternatives where necessary.
14. Medical Suitability
The Member shall provide complete and accurate information regarding medical history, medication, allergies and any relevant change in health. The treating doctor or practitioner may postpone, modify or decline treatment where clinically appropriate.
15. Prescription-only Medicines
The Member acknowledges that prescription-only medicines shall only be prescribed by a registered doctor following an appropriate consultation and only where clinically indicated in accordance with applicable legislation and professional standards.
16. Informed Consent
The Member shall provide informed consent before any treatment requiring consent is undertaken. The Member acknowledges that consent may be withdrawn at any time prior to commencement of treatment.
17. Clinical Photography
The Clinic may obtain clinical photographs for inclusion within the Member’s medical record where clinically appropriate. Separate consent shall be obtained before any clinical images are used for educational, promotional or marketing purposes.
18. Medical Records
The Clinic shall maintain accurate and confidential medical records relating to the Member’s care. The Member acknowledges that such records shall be retained and processed in accordance with applicable legal and regulatory requirements.
19. Privacy and Data Protection
The Clinic shall process the Member’s personal information in accordance with UK GDPR, the Data Protection Act 2018 and applicable professional duties of confidentiality. The Member shall be provided with the Clinic’s Privacy Notice.
20. Complaints Procedure
The Member shall be entitled to raise concerns regarding any aspect of Membership or clinical care. The Clinic shall investigate complaints fairly, promptly and in accordance with its Complaints Policy.
21. Equality, Diversity and Safeguarding
The Clinic shall provide services without unlawful discrimination and shall fulfil all safeguarding obligations required by law or professional guidance. The Member shall be treated with dignity, fairness and respect at all times.
22. Capacity and Consent
The treating doctor or practitioner shall be satisfied that the Member possesses the capacity to make informed decisions regarding treatment. Where capacity is in doubt, treatment shall proceed only in accordance with applicable law.
23. Changes in Medical Circumstances
The Member shall notify the Clinic as soon as reasonably practicable of any material change in medical history, medication, pregnancy status or other circumstance that may affect treatment suitability.
24. Membership Freeze
The Member may request a temporary suspension of Membership in exceptional circumstances. The Clinic may approve such a request where considered appropriate and shall notify the Member of any conditions applicable to the suspension.
25. Membership Benefits
The Member acknowledges that Membership benefits are personal, non-transferable and available only in accordance with the Member’s selected Membership tier and these Terms and Conditions.
26. Changes to the Membership Programme
The Clinic may make reasonable amendments to Membership benefits, treatment options or operational procedures where necessary. The Clinic shall provide reasonable notice of any material changes affecting the Membership Programme.
27. Force Majeure
The Clinic shall not be responsible for delays or interruption to services resulting from events beyond its reasonable control. Where reasonably practicable, the Clinic shall take appropriate steps to minimise disruption and rearrange affected services.
28. Limitation of Liability
Nothing contained within this Agreement shall exclude or restrict liability where such exclusion or restriction is prohibited by law. The Member’s statutory rights shall remain unaffected.
29. Regulatory Compliance
The Clinic shall provide all clinical services in accordance with applicable legislation, regulatory requirements and the professional standards governing the treating doctor or practitioner.
30. Entire Agreement
This Agreement, together with the Member’s treatment consent forms, Privacy Notice and relevant Clinic policies, shall constitute the entire agreement between the Parties in relation to the Membership.
31. Variation
The Clinic may amend these Terms and Conditions from time to time where reasonably necessary. The Member shall be notified of any material amendments before they take effect.
32. Severability
If any provision of this Agreement is determined to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect.
33. Waiver
No failure or delay by either Party in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy.
34. Third-Party Rights
Unless expressly stated otherwise, no person who is not a Party to this Agreement shall acquire any rights under the Contracts (Rights of Third Parties) Act 1999.
35. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from this Agreement shall be subject to the jurisdiction of the courts of England and Wales.
36. Member Declaration
The Member declares that they have read and understood these Terms and Conditions, have had the opportunity to ask questions, understand that all treatments remain subject to clinical assessment by the treating doctor or practitioner, and agree to be bound by the terms of this Agreement upon signing.
