1.2. Unless the context requires otherwise, references to the singular include the plural and vice versa, and references to any gender include all genders.

1.3. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

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2. Basis of Contract

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2.1. These Terms and Conditions apply whether the Child's Sessions are arranged through a School or agreed directly with you, and are not specific to any one School.

2.2. The Contract is always formed between Walayance and you. This applies equally where Sessions are funded under an EHCP, even though in that case you do not pay Fees directly.

2.3. Where Sessions are delivered through a School, Walayance will have a separate agreement with the School, the School Responsibilities Memorandum, covering the School's own responsibilities. That agreement is between Walayance and the School only. It does not form part of the Contract between Walayance and you, and the School is not a party to the Contract.

2.4. A Contract is formed when you confirm consent in accordance with clause 3.

2.5. Because Fees are payable, and consent is given, on a Term-by-Term basis, a new Contract is formed at the start of each Term when you confirm your consent for that Term. Each Term's Contract is a separate contract between you and Walayance, on these Terms and Conditions as they apply at that time. Any changes Walayance makes to these Terms and Conditions will be presented to you for confirmation before a new Contract is formed for the next Term.

2.6. Nothing in this Contract affects your statutory rights as a consumer, where these apply.

2.7. Any amendment to a Contract is only binding if agreed in Writing by both parties.

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3. Consent

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3.1. Where a School refers the Child to Walayance, the School will provide Walayance with your contact details. Walayance will then contact you directly to seek your consent for the Child to receive Sessions.

3.2. You may give consent by:

3.2.1. booking a Parent Session using the link provided by Walayance; or

3.2.2. providing written confirmation by email that you are happy for Sessions to proceed.

3.3. These Terms and Conditions will be provided to you at the point Walayance asks you to confirm you wish to proceed. Your consent to these Terms and Conditions is given at the same time as your consent for the Child to receive Sessions.

3.4. Where Sessions are funded under an EHCP, you must still provide consent and confirm acceptance of these Terms and Conditions in accordance with this clause, even though you are not responsible for payment of the Fees.

3.5. Consent must be given, and a new Contract formed, at the start of each Term before further Sessions are delivered, in accordance with clause 2.5.

3.6. Walayance does not seek separate formal consent from the Child. Walayance will use its professional judgement in early Sessions to assess the Child's willingness to engage, and may discontinue Sessions in accordance with clause 15 if it considers the Child is not engaging with the process.

3.7. A signature is not required. Consent given in accordance with this clause is sufficient to form the Contract.

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4. The Services

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4.1. Walayance will provide one-to-one therapeutic Sessions to the Child, using reasonable skill, care, and attention.

4.2. Sessions may draw on a range of therapeutic approaches, including hypnotherapy, cognitive behavioural therapy, acceptance and commitment therapy, play therapy, breathwork, and elements of psychoanalytic practice, as Walayance considers appropriate for the Child.

4.3. Sessions are not a substitute for medical treatment, psychiatric care, or clinical diagnosis. Walayance does not diagnose or treat medical or psychiatric conditions.

4.4. Sessions are delivered in person at the School as standard. Online Sessions are provided only where Walayance agrees to this in advance, at its discretion.

4.5. In-person Sessions are 40 minutes. Online Sessions, where agreed, are limited to 30 minutes, reflecting the shorter attention span typically sustained by a child over a screen. The Fee for an online Session is the same as for an in-person Session.

4.6. Where Sessions are delivered in person at the School, the number, frequency, and scheduling of Sessions during a Term is determined by the School's timetable and Walayance's availability. Sessions are typically weekly during term time.

4.7. Where Sessions are delivered online, the number and frequency of Sessions will be agreed directly between Walayance and you and need not follow a school term.

4.8. In-person Sessions may take place indoors in a private, confidential room, or, where appropriate to the Child's needs and Walayance's professional judgement, outdoors on the School's grounds.

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5. Parent Sessions

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5.1. A Parent Session is a 45-minute online session between Walayance and you, used to gather background information at the start of an engagement, or to update you on the Child's progress at a later date.

5.2. One Parent Session is included in the Fees for each Term, whether the engagement is privately funded or EHCP-funded.

5.3. You may book additional Parent Sessions at any time using the link provided by Walayance. These are charged separately at Walayance's then-current rate.

5.4. A Parent Session forms part of the Child's therapy and part of the Contract. Booking an additional Parent Session does not require you to re-confirm consent to these Terms and Conditions.

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6. Fees and Payment

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6.1. Where Sessions are privately funded, you may choose to pay the Fees in full in advance, or by an automatic monthly payment plan using continuous payment authority via Walayance's payment processor.

6.2. Where Sessions are funded under an EHCP, Walayance will invoice the School for the Fees for the Term once your consent has been confirmed. For a new referral, Walayance will wait until after the first two Sessions before invoicing the School, to assess whether the engagement is right for the Child.

6.3. Fees for an additional Parent Session booked under clause 5.3 are payable at the time of booking.

6.4. All Fees must be paid in full without deduction, set-off, or counterclaim.

6.5. If a payment is not received by its due date, Walayance will notify you or the School, as applicable. Walayance may suspend further Sessions until payment is received in full.

6.6. Where Sessions for a Term are funded under an EHCP, Walayance's recourse for non-payment is against the School under the School Responsibilities Memorandum. You will not be asked to pay the Fees in these circumstances.

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7. Term Commitment

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7.1. Once you have given consent for a Term, that consent covers all Sessions scheduled for the Child during that Term.

7.2. If a scheduled Session does not go ahead because the Child is not available or cannot be found within the School, Walayance remains entitled to payment for that Session. Walayance will use reasonable efforts to rearrange the Session within the same School day where possible, but is not obliged to attend the School on a different day.

7.3.  Except during the 14-day cancellation period described in clause 8, if you withdraw the Child from Sessions after a Term has started, Walayance is entitled to charge for the remaining Sessions of that Term, unless otherwise agreed with Walayance, because the Session slot has been reserved for the Child and cannot always be reallocated. Where another child takes the vacated slot, Walayance may, at its discretion, agree a partial refund or credit with you.

7.4. Clause 7.3 does not apply where Walayance discontinues Sessions with the Child under clause 15.1. In that case, clause 15.2 applies instead.

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8. Your Statutory Right to Cancel

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8.1. Each Contract is a distance contract for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

8.2. You have the right to cancel a Contract within 14 days of the date on which it is formed, without giving any reason. Because a new Contract is formed at the start of each Term under clause 2.5, this right arises afresh at the start of each Term.

8.3. To exercise your right to cancel, you must tell Walayance clearly in Writing, using the contact details in clause 21.1, before the end of the 14-day cancellation period.

8.4. If you ask Walayance to begin delivering Sessions within the 14-day cancellation period for a Term, and you then cancel, you will be required to pay for the Sessions actually provided up to the point of cancellation, calculated at Walayance's then-current session rate. Any balance of Fees already paid for that Term will be refunded to you.

8.5. Where Sessions for a Term are funded under an EHCP, this clause has no financial effect on you because you do not pay Fees directly. You may still exercise your right to cancel your consent for the Child to receive Sessions within the 14-day period for that Term.

 

9. Client Responsibilities

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9.1. Where Sessions are delivered online, you must ensure that:

9.1.1. the Child has access to a private, quiet space free from interruption for the Session;

9.1.2. you, or another responsible adult, are available to assist with any technical issues that arise during the Session; and

9.1.3. the Child attends the Session at the scheduled time.

Where Sessions are delivered in person at the School, attendance is managed in accordance with clause 7.2 and the School Responsibilities Memorandum.
 

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10. School Arrangements

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10.1. Where Sessions are delivered through a School, Walayance will have a School Responsibilities Memorandum with the School, covering matters including the Session timetable, the provision of a confidential space, and confirmation of the Child's attendance at School on Session days.

10.2. The School Responsibilities Memorandum is a separate agreement between Walayance and the School. It does not form part of the Contract between Walayance and you, and the School is not a party to the Contract.

10.3. A copy of the School Responsibilities Memorandum is available to you on request.

10.4. If the School Responsibilities Memorandum ends while the Child is still receiving Sessions, Walayance will tell you as soon as reasonably possible. Walayance will refund any Fees paid for Sessions not yet delivered, unless you and Walayance agree alternative arrangements, such as continuing Sessions on a privately funded basis.

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11. Safeguarding

 

11.1. Walayance holds an enhanced DBS certificate for work with children, certificate number 001939494066.

11.2. Walayance completes safeguarding training at the start of each school year and reports to the School's designated safeguarding officer in accordance with the School's safeguarding procedures.

11.3. Walayance owes a duty of care to you and, where Sessions are delivered through a School, to the School, regardless of how the Sessions are funded or delivered, including where delivered online.

11.4. If Walayance reasonably believes that the Child, or another person, is at risk of harm, including emotional harm, Walayance will disclose that concern to the School and/or to you, notwithstanding the confidentiality obligations in clause 12.

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12. Confidentiality

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12.1. Everything discussed by the Child during a Session is confidential. Walayance will not disclose the content of a Session to you or to the School, except as set out in this clause.

12.2. Walayance may share specific information discussed in, or exercises practised during, a Session with you, but only where the Child has agreed to that specific disclosure.

12.3. Walayance may disclose information about the Child without consent only:

12.3.1. where required to do so by law, by a court order, or by a regulatory or statutory authority;

12.3.2. where Walayance reasonably believes, in accordance with relevant safeguarding guidance, that there is a risk of harm to the Child or to another person, including emotional harm;

12.3.3. for the purposes of Walayance's own professional supervision, in which case information will be shared anonymously so far as reasonably practicable; or

12.3.4. where required under clause 13 (EHCP and Progress Reporting).

12.4. Walayance makes every effort to maintain the Child's anonymity when discussing their case with a professional supervisor under clause 12.3.3.

12.5. These confidentiality obligations continue after the end of the Contract.

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13. EHCP and Progress Reporting

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13.1. Walayance does not provide routine written progress reports to you or to the School. Walayance may, at its discretion, share general updates with you, but this is not a contractual commitment.

13.2. Where the Child's Sessions are funded under an EHCP, Walayance will provide one written report per year, timed to coincide with the EHCP renewal, to the School. The report is charged separately and paid for by the School. The report will be written in general terms, to protect the confidentiality of what is discussed with the Child.

13.3. Any request from you or the School for a more detailed update or discussion, beyond a brief response to a query, should be arranged as a Parent Session under clause 5, and will be charged accordingly, save where clause 11.4 applies.

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14. Sessions Notes and AI Tools

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14.1. Walayance will take notes during or after each Session, using whatever method Walayance considers appropriate, which may include third-party AI tools.

14.2. Notes may refer to the Child by first name for identification purposes but will not name the School.

14.3. Dictated notes recordings are deleted once they have been converted into Walayance's written notes.

14.4. Written session notes are retained until the Child's 25th birthday, in line with recognised guidance on the retention of therapeutic records for minors. Notes relating to a safeguarding matter may be retained for up to 20 years. Full details of Walayance's data retention practice are set out in its Privacy Policy.

14.5. You must not independently record any Session without Walayance's prior Written consent.

 

15. Termination

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15.1. Walayance may discontinue Sessions with the Child at any time if, in its professional judgement, the Child is not engaging with the therapeutic process, following a reasonable number of Sessions used to assess this.

15.2. Where Walayance discontinues Sessions under clause 15.1, Walayance will retain the Fees for Sessions already delivered and refund the Fees for any Sessions not yet delivered.

15.3. Either party may terminate the Contract by giving Written notice if the other party commits a material breach of the Contract that cannot be remedied, or that it fails to remedy within 14 days of being asked to do so in Writing.

15.4. Where you withdraw the Child from Sessions, clause 7.3 applies in place of clause 15.2.

 

16. Consequences of Termination

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16.1. Except as set out in clause 7.3 or clause 15.2, on termination of the Contract for any reason, all outstanding Fees for Sessions already delivered become immediately payable.

16.2. Clauses intended to continue after termination will do so, including confidentiality, data protection, and liability.

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17. Liability

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17.1. Sessions are not a substitute for medical treatment, and no specific outcome is guaranteed.

17.2. Nothing in this Contract excludes or limits either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.

17.3. Subject to clause 17.2, Walayance's total liability under or in connection with a Contract will not exceed the total Fees payable in respect of the Term in which the event giving rise to the claim occurred, whether those Fees are paid by you or by the School.

17.4. Subject to clause 17.2, Walayance will not be liable for any indirect or consequential loss.

17.5. Walayance holds professional indemnity insurance. Details are available on request.

17.6. This clause survives termination of the Contract.

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18. Events Outside Our Control

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18.1. Walayance will not be liable for any failure or delay in performing its obligations where that failure or delay results from circumstances beyond its reasonable control, including illness, school closure, industrial action, civil unrest, natural disaster, pandemic, epidemic, or any act of government or public authority.

18.2. A party affected by circumstances under clause 18.1 will take reasonable steps to minimise the effect of those circumstances on its performance of the Contract, and will resume performance as soon as reasonably possible once those circumstances no longer apply.

18.3. If circumstances under clause 18.1 continue for more than 30 days, either party may end the Contract by giving Written notice. Walayance will refund any Fees paid for Sessions not yet delivered.

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19. Data Protection

 

19.1. Data Protection Legislation refers to the UK General Data Protection Regulation, the Data Protection Act 2018, and any secondary legislation in England and Wales relating to the processing of personal data, as amended, replaced, or updated from time to time.

19.2. All personal information that Walayance collects will be collected, used, and held under the provisions of Data Protection Legislation.

19.3. Walayance's Privacy Policy explains how it collects, uses, and stores personal information, including the retention periods referred to in clause 14.4. A copy is available at www.walayance.com.

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20. Communication and Complaints

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20.1. Walayance is committed to providing a professional, supportive, and respectful service. If you or the School have any concerns, please get in touch as soon as possible so that these can be addressed.

20.2. Walayance will aim to respond to Written correspondence within 48 hours on Business Days.

20.3. Walayance is registered with the General Hypnotherapy Register, registration number 8517, and adheres to its Code of Ethics. If Walayance is unable to resolve a concern directly, you may raise a complaint with the GHR under its Complaints and Disciplinary Procedure, details of which are available at general-hypnotherapy-register.com/complaints-procedure.

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21. Other Important Terms

 

21.1. Any notice given under the Contract must be in Writing and sent to Walayance's email address, or to the address most recently provided by you.

21.2. The Contract is the whole agreement between the parties about the Services. It replaces anything discussed or agreed before, whether in Writing or otherwise.

21.3. The Contract is personal to you and may not be assigned or transferred without Walayance's prior Written consent.

21.4. If any provision of this Contract is found to be invalid or unenforceable, it will be severed to the minimum extent necessary, and the rest of the Contract will continue in full force and effect.

21.5. If either party does not enforce a right under this Contract on a particular occasion, that does not mean they are giving up that right.

21.6. A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

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22. Governing Law and Jurisdiction

 

22.1. This Contract is governed by the laws of England and Wales. Both parties agree that the courts of England and Wales will have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Contract.

 

This document was last updated: September 2026