Terms and Conditions of Service

Breathe: The Mill

Last updated: 21/09/2026

These Terms of Service (“Terms”) govern the purchase, booking and use of services supplied by Breathe: The Mill

Please read them carefully before purchasing, booking or receiving any Service.

These Terms contain important information about:

the nature and scope of our Services;
health screening and informed consent;
risks associated with treatment;
packages and Session Credits;
payment plans;
bookings and cancellations;
refunds;
Client responsibilities; and
our respective legal responsibilities.

Nothing in these Terms excludes or restricts any right or remedy which you have under applicable law and which cannot lawfully be excluded or restricted.

1. WHO YOU ARE CONTRACTING WITH

1.1 Your Breathe provider

Your contract is with:

Legal entity: Metabolyx Health Ltd
Trading as: Breathe: The Mill]
Company number: [COMPANY NUMBER]
Registered office: [REGISTERED OFFICE]
Facility address: [BREATHE LOCATION ADDRESS]
Email: [EMAIL]
Telephone: [TELEPHONE]

In these Terms, “Breathe”, “we”, “us” and “our” mean the legal entity identified above.

1.2 Other Breathe locations

Other businesses may operate under the Breathe brand.

Unless expressly stated otherwise, another Breathe location or franchise is a separate legal business and is not a party to your contract with us.

A booking, Package, Session Credit, payment or other contractual entitlement purchased from us does not create contractual rights against another Breathe location.

Similarly, a purchase made from another Breathe location does not create an obligation on us to provide the relevant Services.

1.3 Location-specific Services and credits

Unless expressly agreed otherwise:

Packages;
Session Credits;
treatment programmes;
promotional credits;
vouchers; and
other prepaid Services

purchased from Breathe [LOCATION] may only be redeemed at Breathe [LOCATION].

Transfer to another Breathe location is not automatic.

Any transfer requires the agreement of the businesses concerned and may require cancellation and reissue or another administrative arrangement.

2. DEFINITIONS

In these Terms:

“Client” means an individual who purchases, books or receives a Service from us.

“Facility” means the Breathe [LOCATION] premises from which we provide Services.

“Services” means the treatments, therapies, consultations, programmes, educational services and other services supplied by us.

Services may include, where offered by this Facility:

hyperbaric therapy;
hyperbaric oxygen therapy or HBOT;
photobiomodulation or red-light therapy;
breathwork;
consultations;
health and recovery programmes;
treatment programmes;
educational services; and
other related services identified at the point of purchase.

“HBOT” means the hyperbaric service supplied by us using the equipment and treatment parameters applicable to the relevant Session.

“PBM” means photobiomodulation or red-light therapy.

“Session” means an appointment during which a Service is scheduled to be or is provided.

“Package” means a prepaid bundle or programme containing specified Services or Session Credits.

“Fixed Package” means a predefined Package offered by us.

“Bespoke Package” means a Package configured for a particular Client from available Services or Session Credits.

“Session Credit” means an entitlement to book an eligible Session, subject to any restrictions attaching to that credit.

“Payment Plan” means an arrangement under which the cost of a Package is paid in instalments.

“Health Screening” means the questionnaires, declarations, assessments and other information we require to determine whether we are willing to provide a particular Service.

3. NATURE OF BREATHE SERVICES

3.1 Therapeutic and health-support services

Breathe provides therapeutic and health-support services.

Clients may use our Services for purposes including:

supporting recovery;
supporting physiological function;
supporting rehabilitation;
supporting the management of symptoms;
supporting people living with diagnosed health conditions;
supporting physical performance and recovery;
promoting wellbeing; and
pursuing individual health or recovery objectives.

Some Clients therefore attend Breathe specifically because they are living with an illness, injury, chronic condition, symptoms or functional impairment.

3.2 Supporting health conditions does not mean diagnosing them

Breathe may provide Services to people who already have diagnosed medical conditions.

Unless a particular Service expressly includes assessment or diagnosis by an appropriately qualified healthcare professional acting within their professional scope, Breathe does not diagnose disease or medical conditions.

Our Health Screening is principally concerned with:

suitability;
contraindications;
treatment safety;
treatment planning; and
identifying circumstances in which further medical advice may be appropriate.

It is not a substitute for medical diagnosis.

3.3 Treatment terminology

We may use expressions including:

treatment;
therapy;
therapeutic;
treatment programme;
treatment pathway;
protocol;
recovery programme; and
treatment progression

to describe what we provide.

Use of these terms does not itself mean that Breathe has diagnosed a Client or prescribed medical treatment.

3.4 We do not prescribe medication

Unless expressly provided by a suitably qualified and authorised healthcare professional, Breathe does not:

prescribe medication;
direct you to discontinue prescribed medication;
change medication doses; or
replace advice given by your treating clinician.

You must not stop or alter prescribed treatment merely because you begin a Breathe programme.

3.5 Complementary and supportive role

Breathe Services may be used alongside conventional healthcare.

They are not intended to replace appropriate:

GP care;
specialist medical care;
emergency treatment;
diagnostic investigation;
prescribed medication;
surgery;
hospital treatment; or
other treatment that has been medically recommended.

3.6 Medical emergencies

Breathe is not an emergency medical service.

You must not use a Breathe booking as a substitute for urgent medical assessment.

If you develop symptoms which may require urgent or emergency attention, you should contact the appropriate NHS service or emergency service.

4. TREATMENT OUTCOMES AND EVIDENCE

4.1 Individual response varies

People respond differently to therapeutic interventions.

Factors influencing response may include:

underlying health;
diagnosis;
age;
medication;
treatment frequency;
treatment duration;
stage of illness or injury;
concurrent treatment;
lifestyle factors; and
individual physiology.

4.2 No guaranteed outcome

Unless expressly stated in a written contractual commitment, we do not guarantee:

cure;
prevention of disease;
complete recovery;
complete symptom resolution;
a particular level of improvement;
a particular timescale;
avoidance of conventional medical care; or
any other specific clinical outcome.

4.3 Research and educational information

We may provide information about:

scientific literature;
published studies;
physiological mechanisms;
areas in which a therapy has been investigated;
treatment protocols;
recovery;
health;
wellbeing; and
emerging research.

This information is provided for general education and to explain the basis upon which Services may be used.

It does not constitute an individual diagnosis.

4.4 Evidence differs between applications

The quantity and quality of scientific evidence may differ considerably between:

therapies;
medical conditions;
symptoms;
treatment protocols;
patient populations; and
outcomes.

A therapy having been studied in relation to a condition does not mean that benefit is certain for a particular Client.

5. HEALTH SCREENING

5.1 Screening requirement

You must complete any Health Screening required by us before receiving the relevant Service.

We may refuse to provide a Service until screening has been satisfactorily completed.

5.2 Accuracy

You must answer screening questions accurately and completely to the best of your knowledge.

If you do not understand a question, you must ask us rather than deliberately guessing or omitting information.

5.3 Changes in health

You must tell us about any relevant change in your health or circumstances after completing Health Screening.

This includes relevant changes involving:

diagnosis;
symptoms;
medication;
surgery;
injury;
pregnancy;
infection;
hospital treatment;
implanted medical devices;
adverse reactions; or
any other matter that could affect the safety or suitability of a Service.

5.4 Re-screening

We may require Health Screening to be repeated or updated:

periodically;
before a new Service;
following a material health change;
following an adverse event;
after surgery or significant treatment;
when medication changes;
where a significant period has elapsed;
if treatment parameters materially change; or
whenever we reasonably consider updated screening necessary.

5.5 Information we may request

Depending upon the Service, Health Screening may include questions concerning:

respiratory conditions;
ear and sinus health;
cardiovascular conditions;
neurological conditions;
seizures;
diabetes or metabolic conditions;
recent surgery;
injuries;
pregnancy;
medication;
photosensitising medication;
implanted devices;
infection;
cancer treatment;
claustrophobia;
ability to equalise pressure; and
other matters relevant to treatment safety.

This list is not exhaustive.

6. MEDICAL CLEARANCE AND FURTHER INFORMATION

Where we consider it appropriate, we may ask you to:

speak with your GP;
speak with your consultant or another clinician;
obtain additional information;
provide confirmation concerning a medical condition or medication; or
obtain appropriate medical clearance.

A request for medical clearance does not mean that your doctor assumes responsibility for Breathe's Services.

Nor does medical clearance mean that treatment is risk-free.

We remain responsible for exercising reasonable care and skill in the Services that we provide.

7. OUR RIGHT TO DECLINE OR MODIFY A SERVICE

Client safety takes priority over completion of a booked treatment programme.

We may reasonably:

postpone;
decline;
modify;
interrupt; or
stop

a Service where we consider this appropriate.

This may include circumstances where:

Health Screening is incomplete;
relevant information has not been supplied;
a contraindication may exist;
a Client's health has changed;
the Client appears acutely unwell;
the Client cannot safely tolerate the Service;
equipment cannot safely be used;
a required safety procedure has not been followed;
further medical information is appropriate; or
continuing the Session would create an unacceptable safety risk.

A previous history of receiving a Service does not guarantee that future treatment will always be considered appropriate.

8. INFORMED CONSENT

8.1 Separate consent process

Acceptance of these Terms is not, by itself, informed consent to every treatment offered by Breathe.

Where appropriate, particular Services will have their own:

health declaration;
contraindication assessment;
safety information; and
informed-consent process.

8.2 Information

Before receiving a Service, you should have an appropriate opportunity to understand:

what the Service involves;
its intended purpose;
relevant risks;
common or material side effects;
contraindications;
expected sensations;
relevant alternatives;
important safety instructions; and
circumstances in which treatment should stop.

8.3 Questions

You should ask us about anything you do not understand before proceeding.

8.4 Withdrawal of consent

You may withdraw consent to treatment at any time.

We will not force you to continue a Session or programme.

Withdrawal does not retrospectively cancel Services already supplied and does not necessarily create a right to a refund for treatment already provided.

9. RISKS AND SIDE EFFECTS

9.1 General principle

No therapeutic intervention is completely risk-free.

You acknowledge that Services may cause temporary side effects, discomfort or other adverse reactions.

Acknowledging those risks does not waive our legal duty to exercise reasonable care and skill.

9.2 Hyperbaric therapy

Potential effects associated with hyperbaric exposure may include, depending upon the Client and treatment parameters:

pressure sensations;
ear discomfort;
difficulty equalising ear pressure;
sinus discomfort;
headache;
fatigue;
temporary dizziness;
light-headedness;
nausea;
temporary symptom fluctuation;
anxiety;
claustrophobia;
temporary visual effects; and
pressure-related effects affecting susceptible individuals.

Less common or more significant complications may occur.

The risks relevant to the actual equipment and treatment protocol will be addressed through appropriate screening and treatment information.

9.3 Photobiomodulation

Potential effects associated with PBM/red-light treatment may include:

temporary warmth;
skin redness;
irritation;
headache;
temporary light sensitivity;
eye discomfort where appropriate precautions are not followed; and
temporary changes in symptoms.

Additional considerations may apply where a Client uses photosensitising medication or has another relevant medical condition.

9.4 Other Services

Other Services may carry different risks.

Where those risks are material, they will be addressed in the relevant information or informed-consent process.

9.5 Reporting symptoms

You must tell a member of staff immediately if you experience significant or unexpected:

pain;
breathing difficulty;
pressure discomfort;
dizziness;
neurological symptoms;
distress;
visual disturbance;
anxiety;
nausea; or
any other concerning symptom.

You must not continue a Session merely because you have paid for it or wish to complete it.

10. CLIENT RESPONSIBILITIES

You agree to:

provide accurate and complete information;
update us when relevant circumstances change;
follow treatment and safety instructions;
comply with equipment rules;
raise questions where instructions are unclear;
report adverse symptoms promptly;
attend in a condition in which treatment can safely be undertaken;
not attend under the influence of alcohol or recreational drugs;
comply with restrictions on items or substances entering treatment equipment;
treat staff and other Clients appropriately; and
seek independent medical attention where appropriate.

You remain responsible for decisions concerning your wider healthcare.

11. CHILDREN AND YOUNG PEOPLE

11.1 Acceptance

A Client under 18 may receive Services only where we have agreed to provide them.

11.2 Requirements

We may require:

parental or guardian involvement;
parental or guardian consent;
appropriate Health Screening;
additional medical information;
additional supervision; and
other safeguarding measures.

11.3 Minimum age

Different Services may have different minimum-age requirements.

We may refuse a Service to a child or young person where we do not consider it appropriate.

11.4 Authority of adult

An adult providing information or consent on behalf of a child must have appropriate authority to do so.

12. BOOKINGS

12.1 Appointment requirement

Sessions must normally be booked in advance and are subject to availability.

12.2 Confirmation

An appointment is confirmed when:

our booking system records it as confirmed; or
we otherwise confirm it to you.

12.3 Appointment availability

Buying a Package or Session Credit does not guarantee that every requested appointment time will be available.

Appointment capacity depends upon matters including:

equipment availability;
opening hours;
staffing;
treatment duration;
demand;
safety;
Facility capacity; and
operational requirements.

12.4 Treatment programmes

Where a Package is intended to follow a particular:

sequence;
frequency;
progression;
treatment duration; or
protocol,

we will make reasonable efforts to facilitate that programme.

Appointment availability cannot, however, be guaranteed at every preferred time.

13. LATENESS

You should arrive with sufficient time to prepare for your Session.

If you arrive late:

your Session may have to start late;
it may have to finish at the original scheduled time;
treatment duration may therefore be reduced; or
we may be unable to provide the Session safely.

Where a Session cannot reasonably be provided because of significant Client lateness, it may be treated in accordance with our late-cancellation/no-show rules.

14. CLIENT CANCELLATION OF APPOINTMENTS

14.1 Notice

Unless a different cancellation period has been clearly disclosed before booking, we require at least 24 hours' notice to cancel or rearrange an appointment without a late-cancellation consequence.

14.2 Late cancellation

Where insufficient notice is provided, we may:

deduct the relevant Session Credit; or
charge the cancellation amount communicated to you,

provided that the consequence is lawful, fair and proportionate.

14.3 No-show

Where a Client fails to attend and does not cancel, the Session may be treated as used.

14.4 Exceptional circumstances

We may waive a charge or reinstate a credit where we consider there are reasonable exceptional circumstances.

15. CANCELLATION BY BREATHE

We may cancel, postpone or rearrange a Session due to circumstances including:

equipment fault;
maintenance;
staff absence;
safety concerns;
Facility closure;
power or utility failure;
emergency circumstances; or
other operational problems.

Where we cancel a Session:

the Session Credit will ordinarily be restored; or
the Session will be rearranged.

Where neither is reasonably possible, any refund required by law will be provided.

We are not responsible for reasonable incidental expenditure such as ordinary travel costs unless applicable law makes us responsible.

16. PRICES

The price payable is the price communicated before your purchase is completed.

Prices include applicable VAT where required.

We may change future prices.

A future price change will not retrospectively alter the agreed purchase price for a completed transaction unless:

the contract expressly and fairly permits such a change; and
the change is lawful.

17. PAYMENT

Payment must be made through a payment method accepted by Breathe.

Where a payment is processed through an external payment provider, that provider may process your payment information under its own terms and privacy arrangements.

Where you agree to recurring instalments under a Payment Plan, you authorise the agreed recurring charges in accordance with the payment schedule disclosed before purchase.

18. FIXED PACKAGES

18.1 Package specification

A Fixed Package will identify the Services or credits included.

This may include:

type of treatment;
number of Sessions;
permitted Session durations;
treatment progression;
intended frequency;
associated PBM Sessions;
programme duration;
location;
validity period; and
other restrictions.

18.2 Starting point

Where a Package contains a treatment progression or suggested protocol, that configuration represents the programme purchased and the intended starting framework.

18.3 Actual scheduling

The appointments eventually scheduled may differ from the original Package configuration because of:

Client choice;
Client availability;
treatment response;
safety;
appointment availability;
an agreed alteration;
updated health information; or
another reasonable treatment consideration.

18.4 No guaranteed clinical result

Purchase of a Package does not guarantee the intended treatment outcome.

19. BESPOKE PACKAGES

Where we permit Clients to build or configure their own Package:

the selected Services;
Session quantities;
price;
applicable Package saving;
treatment restrictions; and
other material terms

will be displayed before the purchase is completed.

The resulting Package becomes the purchased entitlement once payment has been successfully completed.

20. ADDITIONAL SESSION CREDITS

You may, where offered, purchase additional Session Credits.

Additional credits:

supplement your available Services;
do not necessarily change the original Package description;
do not automatically alter a previously agreed treatment progression; and
remain subject to the restrictions applicable to the relevant Service and location.

21. OWNERSHIP AND TRANSFER OF PACKAGES

Packages and Session Credits are personal to the Client for whom they are purchased unless we expressly agree otherwise.

They may not ordinarily be:

sold;
resold;
shared;
assigned; or
transferred to another Client.

Nor may they automatically be transferred to another Breathe franchise or location.

22. PACKAGE VALIDITY AND EXPIRY

Where a Package or Session Credit has an expiry or validity period, that period will be disclosed before purchase.

We will not retrospectively impose an undisclosed expiry period on an existing paid Package.

Where illness, treatment suspension or another exceptional circumstance materially prevents use of a Package, any request for extension will be considered reasonably and in accordance with applicable consumer law.

23. PAYMENT PLANS

23.1 Instalments

Where we permit a Package to be paid by instalments, we will disclose before purchase:

total purchase price;
initial payment;
number of instalments;
value of each instalment;
payment frequency;
expected payment dates or method of calculating them;
any difference from the upfront Package price; and
material consequences of payment failure.

23.2 Payment method

You may be required to maintain a valid payment method while instalments remain outstanding.

23.3 Package purchase

Unless expressly stated otherwise, paying by instalments means that you have purchased the Package subject to an agreed payment schedule.

It does not necessarily mean that each instalment purchases only the treatments delivered during that instalment period.

23.4 Continuing payment obligation

Where lawful and clearly disclosed before purchase, using part of a Package does not automatically cancel future instalments owed for the Package already purchased.

This is subject to:

statutory cancellation rights;
any right to terminate arising from breach;
any agreement we make with you; and
other applicable consumer rights.

23.5 Failed payments

If a payment fails, we may:

retry the payment;
request another payment method;
suspend use of further unpaid Package entitlement; or
take reasonable steps to recover sums properly due.

We will not impose undisclosed penalties.

24. STATUTORY COOLING-OFF RIGHTS

24.1 Distance and off-premises purchases

Where you enter into a contract which carries statutory cancellation rights, including certain contracts entered into online, by telephone or away from our business premises, the applicable statutory cooling-off period will apply.

For many qualifying service contracts this is ordinarily 14 days.

24.2 Starting treatment during the cancellation period

You may ask us to begin providing Services before the statutory cancellation period expires.

Where legally required, we will obtain the relevant request or acknowledgement from you.

24.3 Cancellation after Services have begun

If you validly cancel during a statutory cancellation period after asking us to begin providing Services, you may be required to pay the proportionate cost of Services supplied before cancellation where the law permits this.

24.4 One Session does not necessarily cancel all rights

Attendance at or completion of one Session does not automatically extinguish every statutory cancellation right in relation to an entire Package.

The legal effect depends upon the contract, what has been supplied and the applicable statutory rules.

24.5 Fully performed Services

Where a Service has been fully performed during the cancellation period following the legally required request and acknowledgement, the statutory cancellation right relating to that fully performed Service may be lost.

24.6 Statutory rights prevail

Nothing in these Terms reduces any statutory cancellation right.

25. REFUNDS

25.1 General

Refund entitlement depends upon the circumstances, including:

the nature of the purchase;
whether Services have been supplied;
statutory cancellation rights;
breach of contract;
our ability to continue supplying Services;
Package terms; and
applicable consumer law.

25.2 Used Services

Unless required by law, a Client is not ordinarily entitled to reimbursement for Services already properly supplied merely because they later decide not to continue with a programme.

25.3 Unused entitlement

Where a refund of an unused Package balance is legally required, the amount may take account of Services already supplied where the law permits this.

25.4 “Non-refundable”

Any description of a payment, deposit, Package or promotion as “non-refundable” is subject to statutory rights.

Such wording does not remove any refund or remedy that the law requires us to provide.

26. WHERE BREATHE CAN NO LONGER PROVIDE A PREPAID PACKAGE

If we permanently cease to provide a Service covered by an unused prepaid entitlement, we will consider appropriate options which may include:

an alternative equivalent Service;
an agreed change to the Package;
transfer where a suitable arrangement with another provider is available and you agree to it; or
refund of an appropriate unused balance.

We will comply with applicable consumer law.

The existence of another Breathe franchise does not automatically permit us to transfer your contract to that franchise without an appropriate arrangement.

27. HYPERBARIC SAFETY RULES

Clients receiving hyperbaric Services must comply strictly with the safety procedures communicated by Breathe.

Depending upon the equipment used, restrictions may apply to items including:

ignition sources;
matches or lighters;
vaping equipment;
electronic devices;
batteries;
combustible materials;
petroleum-based products;
particular cosmetics or hair products;
clothing or footwear;
food and drink; and
personal possessions.

You must disclose anything you are unsure about before entering the chamber or treatment environment.

You must not knowingly take prohibited material into hyperbaric equipment.

28. USE OF EQUIPMENT

You must:

follow staff instructions;
use equipment only for its intended purpose;
not alter controls unless authorised;
not defeat a safety mechanism;
not deliberately interfere with equipment; and
immediately report damage or malfunction.

You are not liable merely because equipment fails during proper use.

You may be responsible for reasonably foreseeable damage which you deliberately or negligently cause.

29. CONDUCT AT THE FACILITY

We expect Clients and staff to interact respectfully.

We may refuse or terminate attendance in response to conduct including:

violence;
threats;
harassment;
sexual misconduct;
discriminatory abuse;
serious intimidation;
deliberate property damage;
dangerous conduct;
theft;
deliberate interference with equipment; or
serious or repeated disregard of safety instructions.

Any financial consequence of termination will be considered in accordance with the circumstances and applicable law.

Termination for misconduct does not automatically give us a lawful right to retain payment for all unused Services.

30. OUR DUTY OF CARE

We will provide our Services with reasonable care and skill.

Nothing in these Terms excludes or restricts:

our obligation to exercise reasonable care and skill;
your statutory consumer rights;
liability for death or personal injury caused by our negligence;
liability for fraud or fraudulent misrepresentation; or
any liability which cannot legally be excluded or restricted.

31. LIABILITY

31.1 Foreseeable loss

Where we breach our legal obligations, we are responsible for loss or damage which is a foreseeable consequence of that breach, subject to applicable law.

31.2 No guarantee against progression of illness

Breathe is not automatically responsible merely because:

a health condition progresses;
symptoms continue;
symptoms fluctuate;
a treatment does not produce the hoped-for result;
an underlying illness causes further harm;
another treatment fails; or
a Client subsequently requires additional healthcare.

Liability depends upon whether the relevant loss was legally caused by something for which Breathe is responsible.

31.3 Client information

A failure to disclose relevant information may affect:

our ability to identify contraindications;
our treatment decision;
the risk associated with a Service; and
legal responsibility for a resulting event.

This clause does not remove any responsibility which the law places upon Breathe.

31.4 Business losses

Our Services are provided principally to consumers for personal use.

Where you contract as a consumer, we are not responsible for purely commercial losses such as:

loss of business;
loss of profit;
loss of commercial opportunity; or
business interruption

that do not arise as recoverable consumer loss under applicable law.

31.5 Unforeseeable loss

We are not responsible for loss which was not reasonably foreseeable as a consequence of our breach, subject to applicable law.

32. PERSONAL BELONGINGS

You remain responsible for personal belongings brought to the Facility.

You should avoid bringing unnecessary valuables.

Nothing in this clause excludes responsibility for loss or damage caused by our negligence where liability cannot lawfully be excluded.

33. CLIENT RECORDS

We may maintain appropriate records concerning your use of Breathe Services, including:

Health Screening;
consent;
appointment history;
Package information;
treatment parameters;
treatment progression;
relevant communications;
adverse reactions;
incidents; and
complaints.

Such records may be necessary for safety, continuity, legal compliance and the administration of your Services.

34. DATA PROTECTION AND HEALTH INFORMATION

We process personal information in accordance with:

applicable UK data-protection legislation; and
our Privacy Notice.

Health information can constitute special-category personal data and is subject to additional legal safeguards.

Our Privacy Notice explains, where applicable:

what personal information we collect;
why we process it;
the lawful basis relied upon;
the applicable condition for processing special-category information;
recipients of information;
retention;
international transfers;
your rights; and
how to contact us.

Where explicit consent is the appropriate legal basis or condition for a particular use of personal information, it will be obtained separately and expressly.

Acceptance of these Terms does not constitute blanket consent to every possible use of health information.

35. CCTV

CCTV may be operated at the Facility for legitimate purposes including:

security;
safety;
crime prevention and investigation;
protection of Clients and staff;
protection of equipment and property; and
investigation of incidents.

CCTV information is handled in accordance with applicable data-protection law and our relevant privacy information.

CCTV footage is not automatically available for marketing merely because a Client entered the Facility.

36. PHOTOGRAPHY, VIDEO, TESTIMONIALS AND CASE STUDIES

We will not rely solely on acceptance of these Terms as permission to use an identifiable Client's:

photograph;
video;
testimonial;
treatment story;
health information; or
case study

for marketing purposes.

Where consent is required, appropriate consent will be obtained separately.

Refusal to give marketing consent will not affect your entitlement to receive ordinary Breathe Services.

37. COMMUNICATIONS

We may contact you where reasonably necessary to administer your Services, including concerning:

bookings;
appointment reminders;
screening;
treatment information;
safety;
Packages;
payments;
cancellations;
operational changes; and
contractual notices.

Marketing communications are handled separately in accordance with applicable law.

38. THIRD-PARTY SERVICE PROVIDERS

We may use third-party providers for functions including:

booking;
payment processing;
accounting;
communications;
website hosting;
software;
record administration; and
other business operations.

Where Breathe has contracted to supply the underlying Service to you, use of a third-party administrative system does not remove your statutory rights against Breathe.

Separate terms may apply where you contract directly with an independent third party for a separate service.

39. INTELLECTUAL PROPERTY

Intellectual property owned by Breathe or licensed to us remains the property of the relevant rights holder.

This may include:

branding;
written material;
graphics;
videos;
photographs;
educational materials;
software interfaces;
original treatment-programme materials; and
training material.

Nothing in these Terms claims ownership of:

scientific principles;
third-party academic research;
material in the public domain; or
intellectual property belonging to another person.

Material supplied to you by Breathe may generally be used for your own personal, non-commercial purposes unless stated otherwise.

40. COMPLAINTS

If you are dissatisfied with any aspect of our Service, please tell us as soon as reasonably possible so that we can investigate.

Complaints should be sent to:

Breathe [LOCATION]
Email: [COMPLAINTS EMAIL]
Address: [ADDRESS]

We will handle complaints reasonably and in accordance with any complaints procedure that applies to the Facility.

Making a complaint does not affect your statutory rights.

41. CHANGES TO A SERVICE

We may make reasonable changes to the way a Service is delivered where necessary because of:

safety;
equipment;
updated procedures;
evidence;
staffing;
Facility requirements;
supplier requirements;
law;
professional guidance; or
other reasonable operational considerations.

Where a material change adversely affects a Service already purchased, we will provide any remedy required by applicable consumer law.

42. CHANGES TO THESE TERMS

We may update these Terms from time to time.

A new version will normally apply to purchases made after that version takes effect.

We will not rely upon a later version of these Terms to retrospectively remove material rights attached to an existing purchase unless we have a lawful basis to do so.

43. EVENTS OUTSIDE OUR REASONABLE CONTROL

We are not responsible for a failure or delay caused by circumstances outside our reasonable control where we could not reasonably have avoided their effects.

Examples may include:

serious power failure;
fire;
flood;
severe weather;
emergency closure;
failure of critical infrastructure;
government restrictions; and
other exceptional events.

Where such circumstances prevent us from supplying prepaid Services, we will take reasonable steps to rearrange them and will provide any other remedy required by law.

44. TRANSFER OF THE BUSINESS

We may transfer our contractual rights and obligations as part of:

a sale of the business;
corporate restructuring;
transfer of the Facility; or
another legitimate business transaction,

provided that your contractual rights are not materially reduced.

We will comply with applicable legal requirements regarding any transfer.

This clause does not permit us simply to substitute another independent Breathe franchisee for your existing contracting party where doing so would improperly alter your rights.

45. NO WAIVER

If we do not immediately enforce a provision of these Terms, that does not mean we have permanently waived our right to enforce it.

46. SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be treated as modified or removed only to the minimum extent required.

The remaining provisions will continue to apply.

47. ENTIRE AGREEMENT

The contractual relationship between you and Breathe may comprise:

these Terms;
the description of the Service;
Package specifications;
pricing information;
booking terms;
Payment Plan information;
information provided before purchase which applicable consumer law makes contractual; and
any expressly agreed written variation.

Health Screening and informed-consent documentation form part of the safety and treatment process but serve a different purpose from these general commercial Terms.

Nothing in this section excludes:

statements that applicable consumer law treats as binding;
liability for fraudulent misrepresentation; or
other rights which cannot lawfully be excluded.

48. THIRD-PARTY RIGHTS

Unless expressly stated otherwise, a person who is not a party to the contract has no right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

Another Breathe franchisee does not acquire rights or liabilities under your contract merely because it uses the Breathe brand.

49. GOVERNING LAW

These Terms and the contract between you and Breathe are governed by the law of England and Wales.

If mandatory consumer law applicable to you provides additional protection, these Terms do not remove that protection.

50. COURTS AND DISPUTES

Any dispute may be brought before the courts which have jurisdiction under applicable law.

Nothing in these Terms is intended unlawfully to restrict a consumer's right to bring proceedings in a court available to them under applicable consumer law.

51. ACCEPTANCE OF TERMS

Where required as part of a booking or purchase process, you will be asked to confirm that you have had an opportunity to read and accept these Terms.

Your acceptance of these Terms is distinct from:

Health Screening;
informed consent to treatment;
consent to marketing;
photography or testimonial consent; and
any separate consent required for a particular use of personal or health information.

IMPORTANT SUMMARY FOR CLIENTS

These Terms are legally binding, so the complete document should be read.

The following is a summary of some particularly important points:

Your contract is with Breathe [LOCATION] and the legal company identified at the beginning of these Terms. Other Breathe locations may be operated by completely separate legal businesses.
Breathe provides therapeutic and health-support services. People may attend Breathe in connection with recovery, symptoms, diagnosed conditions, rehabilitation, performance or wellbeing.
Breathe does not ordinarily diagnose disease or prescribe medication. Our Services do not replace appropriate medical diagnosis, prescribed treatment or emergency healthcare.
Results cannot be guaranteed. Response to treatment varies between individuals and between conditions.
Health Screening is important. You must disclose relevant information accurately and tell us when something changes.
Treatment can carry risks. Service-specific safety information and informed consent are separate from these commercial Terms.
Breathe can stop or postpone treatment for safety reasons.
Packages and Session Credits are normally specific to this Breathe location. They cannot automatically be used at another Breathe franchise.
Packages may be paid upfront or, where offered, through a Payment Plan. Paying by instalments does not necessarily mean you are purchasing treatment one month at a time.
Appointment cancellation rules are separate from statutory cancellation rights relating to the purchase itself.
Using part of a Package does not automatically extinguish every legal cancellation right concerning the remainder of the contract.
Nothing in these Terms removes statutory consumer rights or Breathe's obligation to exercise reasonable care and skill.
Agreeing to these Terms does not automatically provide marketing consent, photographic consent or blanket consent to every use of your health information.