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Most therapists have a document called something like Hypnotherapy Terms and Conditions, Therapy Client Agreement or Therapist Working Agreement. And most have written it themselves, borrowed it, or adapted one given to them in training and hoped it was OK. Whatever you call it, it is a legal contract that forms the foundation of your work with clients. Understanding how contracts work doesn’t need legal jargon, just a clear grasp of the basics. So, this article is going to be a simple guide to what that means in practice, what you should include and why some things, like GDPR, need to be kept out of it.
Therapy terms and conditions are the written agreement between therapist and client that sets out how therapy will be delivered, paid for, and managed legally and ethically. The fact that you’re dealing with a legal contract here doesn’t have to be overwhelming or scary. In fact, once you understand the basics, it’s easier to put together something that protects both you and your clients and makes things easier and simpler.
I have written about this topic before [HERE], but due to
the introduction of GDPR and the increase in remote working, things have
changed quite a bit, and I thought an update was due.
What Makes Therapy Terms and Conditions a Legal Contract?
If you offer therapy, a client agrees to work with you and
money (or some other thing of value) changes hands, then you have a contract.
In UK law, there are a few vital ingredients to make a contract: you don’t need
to use the legal words in your document, but it helps if you understand them.
Offer
This part sets out your main therapy terms and conditions,
for example, session length, cost, format (in person or online), and
availability (the times/days you work).
Acceptance
The client agrees to accept your offer, possibly by signing
a form, booking and attending or confirming online.
Consideration
This means there is an exchange of value, which, in therapy
terms, usually means you give the client therapy, and they pay you. Sometimes
you might agree to a skill swap, barter, or payment in kind, but there must be
value to both sides. This might leave you wondering about any free sessions you
might offer to complete case studies, gain experience in a new technique, or gather
testimonials, but passing your course, gaining experience and gathering
testimonials are all of value to you and would validate a contract.
Intention to create legal relations
In other words, both sides understand this is a professional
arrangement and not a casual chat. This can be especially important if you are
working with a person you know, for example, who you might also meet casually
for coffee. It separates what they are paying you for and what you are doing as
a friend.
Capacity
This is especially important in therapists’ client agreements,
because both parties must be able to enter a legal agreement. This is why a
relevant adult must sign on behalf of minors and anyone whose understanding is impacted
by a disability, for example. Even if a 17-year-old is living independently,
working, and bringing up a child, they are still unable to sign a contract
until they reach 18. Anything they do sign is not enforceable.
Certainty
Both parties must be able to understand what they are
signing. So, writing in plain English instead of legalese is a plus.
You’re probably already meeting most, if not all, of these,
even if you haven’t written them down in quite this way. In fact, a contract doesn’t
need to be written down; it can be agreed verbally or recorded. But remember
that verbal agreement relies on memory and is much more open to dispute than something
more lasting. It’s an old joke, but true, that “an oral contract isn’t worth
the paper it’s not written on”.
Why Therapy Terms and Conditions Protect Therapists and Clients
Having clear terms and conditions provides legal protection
for therapists.
There is no law setting out the rules under which you must work.
You may, of course, follow a Code of Ethics and/or the voluntary regulations
for hypnotherapy, but as they are guidelines rather than contracts, they would
not be considered legally binding on either you or the client. So, if the worst
should happen and a client sued you, the court’s decision would be based on
what is in your T&C. If they don’t cover the situation, decisions may come
down to the court’s interpretation of what a reasonable person would expect.
Here’s an example. You felt your client had become actively
suicidal and, as they were not responding to emails or texts, you broke
confidentiality under the Duty of Care provision to protect them. The client is
now suing you because they feel their trust was betrayed, and you overestimated
the level of danger they were in. They had, they say, no intention of acting
immediately. If your T&Cs don’t mention the reasons you might break
confidentiality, the court has to balance:
- common assumptions about therapists and confidentiality,
- your defence that the breach was made “in good
faith” to protect the client,
- whether your judgment about the level of risk
was reasonable.
Don’t panic too much, because this sort of situation is rare
and very much a worst-case scenario. But it makes a point.
What to Include in Therapy Terms and Conditions
You don’t need pages of details, but you do need enough for
clarity. Most therapy terms and conditions in the UK include the following:
- What you provide: the type of therapy, session length, format, frequency and/or number of sessions if you follow specific rules about this.
- Fees and payments: the cost per session or programme, when payment is due, payment methods and what happens to existing clients if you raise your prices (e.g., do they continue to pay the same? If not, how much notice do you give of an increase?)
- Cancellation policy: how much notice is required and what happens if it isn’t given.
- Confidentiality: general confidentiality, safeguarding, the support you offer vulnerable adults, and under what circumstances you will disclose information, or allow a third person to be present during the session.
- Scope of therapy: how it's not a replacement for medical care, and referrals.
- Contact between sessions: emergencies, response times and text/email use.
- Other boundaries: social media 'friending', gifts, etc.
- Online policies if you offer this service: actions to take if there is a breakdown in the connection during sessions, the client’s responsibility for ensuring confidentiality at their end, the laws and regulations you are working under if the client is in a different country.
- Recording policies: if and when sessions may be recorded by either party.
- Complaints process: internal process/professional body details.
- Professional standards: supervision, insurance, CPD, etc.
- Consider a limitation of liability clause that explains, in plain language, where your responsibility begins and ends. This usually means saying that you can’t be held responsible for things outside your control (such as illness or technical problems), and that any financial liability is limited to a reasonable amount (perhaps £100 or what the client has paid you, whichever is the most). This doesn’t remove your duty of care, and you can't contract yourself out of your legal responsibilities, but including it reassures clients that expectations are realistic, transparent, and professionally thought through.
There's a free downloadable checklist based on this list at the bottom of the article.
And feel free to have a look at my T&C if you wish.
Why GDPR Consent Should Be Separate from Therapy Terms and Conditions
- GDPR consent is about how you collect and handle the client’s
personal data. It has to be specific, explicit, recorded (on paper, online
form, or audio), and withdrawable.
- A therapy contract is about how you and the client work
together. We’ve talked about what it does above.
The Information Commissioner’s Office says:
“Consent [to the terms of your GDPR policy] should be
unbundled from other terms and conditions ... wherever possible. The UK GDPR is
clear that consent should not be bundled up as a condition of service unless it
is necessary for that service” [1]
You could, of course, argue that processing the data you collect is necessary for providing your therapy services, but since different therapists collect different levels of information, there are some things you ask that might not strictly come under that provision.
If you can, it’s safest to have the client agree to your GDPR policy and T&Cs separately. If they are bundled together, it may not be taken as valid consent.
I ask clients to complete an online form before attending their
first session, and resolve this by having my GDPR consent on the first page. Once
they have agreed to that, they are taken to the rest of the form to enter their
personal details and agree to my T&C just before submitting it.
Common Therapy Contract Mistakes
- Using generic service provision templates without adapting
them to the specifics of therapy.
- Mixing everything into one document, which can be confusing
(and possibly invalid as we’ve seen above).
- Not updating, especially after a change of circumstances
like moving online.
- No contact boundaries included: it only takes a couple of
over-enthusiastic clients contacting you daily with progress reports and expecting immediate responses to
leave you at risk of burnout.
- No safeguarding clarity. A simple paragraph about how you
handle confidentiality, vulnerable adults, or children (if you work with them) is
essential.
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The Ethics of Therapy T&Cs
Having a clear set of terms and conditions isn’t just about
protecting you from frivolous lawsuits from clients. It sets out the ways you
are working so that everyone knows where they are and what’s expected of them,
and provides clarity, safety and predictability all around. Most clients are
reassured by professionalism and a clear structure.
You don’t need:
- Ten pages of legalese.
- A solicitor-written contract (nice but not essential, especially at first when you have other set-up costs).
You do need:
- Clear expectations.
- Consistent use.
- Some sort of proof that clients have agreed.
When should you update your therapy T&Cs?
Things have changed since I wrote about this topic ten years
ago [link], especially
- Online therapy
- Digital records
- Emails, texts and messaging boundaries
- Data protection law
- Clients understanding and perhaps questioning their rights more clearly, especially around use of data
Look your T&Cs over every couple of years and make sure
that they still reflect the way you work – even if there haven’t been major revisions
in data protection or other regulations, you may have changed your ways of
working since you last reviewed them.
Most therapists have the basics in place, though you might need
to simplify a few things or perhaps add some information I’ve mentioned here
that you don’t currently include.
Clear therapy terms and conditions don’t just protect your practice legally; they create clarity, trust, and professionalism for your clients. A well-written therapy client agreement helps everyone understand expectations from the start.
And that benefits you both.
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Download a FREE T&C Checklist to Make Sure You're Covered
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[1] https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/consent/what-is-valid-consent accessed 9.2.26
Author: Debbie Waller is an experienced hypnotherapist and hypnotherapy trainer. She is the author of Anxiety to Calm: a Practical Guide to a Laid-Back Life, The Hypnotherapist's Companion, Their Worlds, Your Words, and The Metaphor Toolbox, all available from Amazon or direct from the author. Find out more about Debbie's services on Yorkshire Hypnotherapy Training - multi-accredited hypnotherapy practitioner training, taster days and foundation levels. CPD Expert - accredited CPD and other therapy training (online and workshops options), expert and qualified hypnotherapy supervision
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