5 minute read
Inner Pass Notes
from Acu. autumn 2022
by Acu.
Terms & conditions...as reported by Ama Zbarcea
Q: Please don’t tell me this is some new BAcC regulation!
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A: Absolutely not! Just some friendly advice from a lawyer who likes to work with small businesses.
Q: But isn't that stuff for boring corporate people in stuffy suits?
A: Nope. Every business needs terms & conditions. They set out how ‘you’ do business, your expectations, and what your clients can expect from you! You're more than an acupuncturist. You are an entrepreneur. And as a business owner, you need to protect your profit and your peace of mind, so you can focus on what you love.
Q: I'm over here building a wonderful relationship with my client, and you want me to put some ugly legal wording in front of them? I might as well throw my wine all over my date!
A: It's not the sexiest conversation. But it doesn't have to be quite that bad. Just build it into your client intake process. Share your terms with your client when they book – (a website link or an email attachment). And make sure you have a record of their agreement - – a tick box, an email reply, or a signature on paper. No tech sorcery needed.
Q: But my clients are lovely people. Surely, I don't need all that mean legal stuff.
A: I'm sure they are. However, in any given year, 32 per cent of UK small businesses will have a serious legal issue (significant enough to distract from the day to day). And the average cost? It's £3,410! Preventive action is far more effective than firefighting – and a whole lot less stressful. Be kind to your future self.
Q: Ok, so can I just find some terms & conditions online and use those?
A: Tell me, did you watch a YouTube video and then start sticking needles in people? That might work out… or go disastrously wrong. It takes time to learn what's legally ok. And it's a skill to apply it practically in business – just because someone passed some exams doesn't make them qualified to touch your precious business. Look for real life experience and a proven track record. Just do yourself a favour, save some time and don't try to piece it together all by yourself.
Q: But I'm an acupuncturist, not a plastic surgeon. I don't have a bazillion £££ to spend on those humongous hourly rates!
A: Listen, if someone is charging in bazillions, they clearly have no understanding of small businesses – so run away! You can absolutely get good legal help at an affordable price.
Q: Ok, so I need terms & conditions. Do I need a refund policy too?
A: As much as you might hate the idea of people asking for refunds, how many times have you checked the refund policy before buying something? Your customers are doing that too. By the way, you're not legally bound to offer a refund – the 14-day ‘cooling off period’ doesn't apply to in-person acupuncture services. However, there are business benefits to offering refunds – and there are many different types of refund policies. Whatever you choose, communicate it clearly.
Q: Say my client bought my special offer of ten sessions for the price of eight. He's already had three and now wants to cancel because he's moving to Barbados. Do I refund him? How much?
A: Well, what do your terms & conditions say? This is exactly why we have legal terms in writing! Much easier to point to a written record and say ‘this is what we agreed’ than negotiate later – even if they didn't read it, they know how it works. Choose whatever approach you want, just make sure you state it clearly up front! If you do find yourself in a situation like this without prior terms, make a fair offer – and if needed, negotiate. And next time, put those terms in place before you sell!
Q: Can I charge for no-shows or late cancellations?
A: Absolutely! And saying so in your terms & conditions gives you a legal basis to enforce this. Even so, chasing money is time-consuming, annoying, and expensive. You're far better off taking an up-front deposit (or full payment) and offering a refund for acceptable reasons. But can I say it again – whatever your policy is, make sure you communicate it clearly and get clients to agree to your terms!
Q: You seem to know what you’re talking about. Can I get in touch with you?
A: Sure! I’m happy to offer a free 15-minute consultation to any BAcC member who wants to have a chat about any business related legal stuff. Just take a look at my website below and/or drop me an email.
