Legal

Terms & Conditions

The terms that apply when you book a session with Elements of Mind.

Please read these Terms and Conditions carefully before booking your first session. By booking, you confirm that you have read, understood, and agree to be bound by these terms in full.

Last updated: July 2026 (Version 3.12). These Terms and Conditions are compliant with UK GDPR, the Data Protection Act 2018, and the Data (Use and Access) Act 2025.

1. About Your Practitioner

I am David Gowans, founder of Elements of Mind, based in Inveraray, Argyll, Scotland. I offer an integrated, person-centred approach to therapeutic work, drawing on a range of evidence-informed modalities. Sessions are tailored to each individual and their specific needs, no two clients are the same, and no two sessions need to be either.

My current qualifications and credentials include:

EFTi Accredited Certified EFT Practitioner
Diploma in Clinical Hypnotherapy (DHP Acc.Hyp), in progress
Transformational Life Coaching

I am also a registered Paramedic with the Health and Care Professions Council (HCPC).

Important: HCPC Registration

My HCPC registration relates solely to my role as a Paramedic and is entirely separate from my therapy practice.

The services provided through Elements of Mind are complementary, developmental, and non-medical in nature, and are not provided under my HCPC registration.

I am not a registered psychiatrist, clinical psychologist, or HCPC-registered mental health professional, and I do not provide medical diagnosis, psychological diagnosis, or treatment of mental health disorders.

I work within the scope of my training at all times and will refer to appropriate professionals where required.

I hold appropriate professional indemnity and public liability insurance for this practice.

2. Nature of Services

All services offered are complementary, developmental, or coaching in nature and are not a substitute for medical, psychiatric, or psychological care.

My primary accredited modalities are:

Clinical Hypnotherapy (DHP Acc.Hyp), using focused attention and guided suggestion to support behavioural, emotional, and psychological change. Clients remain aware and in control at all times.
Emotional Freedom Techniques / EFT Tapping (EFTi Accredited Certified EFT Practitioner), a complementary technique using acupressure points to support emotional wellbeing and reduce emotional distress.
Life Coaching, a forward-focused, goal-oriented process to support clarity, direction, and positive action.

I also draw on a range of additional therapeutic approaches as appropriate to your individual needs, goals, and circumstances. These are complementary and non-medical in nature. Where a specific technique is proposed that you may be unfamiliar with, I will explain its nature and purpose and obtain your consent before proceeding.

Sessions may focus on a single approach or integrate several within a single session, depending on what best serves you at that time.

Where sessions include personalised audio recordings for home use, you will always be informed in advance and will provide separate written consent. Recordings are for your personal therapeutic use only and must not be shared.

Where any approach involves physical demonstration on my own body or, in the case of EFT, guiding client self-tapping, I will explain this clearly. Any physical contact with a client requires explicit, informed consent and will not occur without it.

3. Suitability & Right to Decline

I reserve the right to decline, pause, or discontinue sessions where:

The service is not appropriate for your needs or circumstances.
There are safety concerns relating to your health, mental health, or personal situation.
A condition falls outside my current scope of practice or training.
I have reasonable grounds to believe that a client is impaired by alcohol, recreational drugs, or any substance that may affect their ability to engage safely in the session.

Where appropriate, I will signpost you to a more suitable professional or service.

4. Medical & GP Involvement

Where relevant, I may ask you to obtain written confirmation from your GP or healthcare provider before proceeding with sessions. This may apply where significant mental health conditions, certain medical conditions, or medication that may impact suitability for a particular approach have been disclosed. I will always discuss this with you first, and no contact will be made without your knowledge and consent unless required by law or safeguarding obligations. Sessions will not proceed where such confirmation is reasonably required.

Where a contraindicated condition is disclosed, I will make an individual assessment and discuss the options with you before deciding how to proceed.

5. Sessions

Duration: Initial sessions are typically 60–90 minutes. Follow-up sessions are typically 45–60 minutes unless otherwise agreed in advance.

Format: In-person sessions are available from my practice in Inveraray, Argyll, Scotland. Online sessions (video or telephone) are available to clients in Scotland, the UK, and internationally. Session format will be confirmed in your booking confirmation.

Frequency: Session frequency is agreed collaboratively. There is no obligation to commit to a minimum number of sessions, though a recommended course may be discussed.

6. Fees & Payment

Current session fee: £90.00 per 60-minute session, or £125.00 per 90-minute session. Fees are payable at the time of booking unless otherwise confirmed in writing. I will give a minimum of four weeks’ written notice of any fee changes.

A free 20-minute initial consultation is available to all new clients, no obligation, no commitment.

Block-booking packages are available. Packages must be used within the agreed timeframe and are non-transferable. Unused sessions are non-refundable unless cancelled by the practitioner. Payment is accepted by bank transfer. Fees for international online clients are quoted and payable in GBP (British pounds) unless otherwise agreed.

7. Cancellation Policy

A minimum of 48 hours’ notice is required to cancel or reschedule an appointment. Appointments cancelled with less than 48 hours’ notice will be charged in full.

This policy reflects the need to manage appointment availability and reserved session time. Fees may be reduced or waived at my discretion in exceptional circumstances.

If I need to cancel a session, you will be offered an alternative appointment or a full refund. For online sessions, if we cannot connect within 15 minutes of the scheduled start time, this may be treated as a missed appointment.

8. Confidentiality

Everything you share with me is held in strict confidence. I do not disclose information about you to any third party without your written consent, except in the following circumstances:

Where I am legally required to do so (e.g. by court order).
Where there is a serious and immediate risk to your safety or the safety of another person.
Where I have concerns about the safety or welfare of a child or vulnerable adult, in line with my legal obligations under Scottish legislation.
Where I need to discuss your case anonymously with a qualified clinical supervisor as part of professional best practice.

In non-emergency situations, I will always seek to discuss any potential breach of confidentiality with you before taking action.

9. GP, Healthcare Team & Next of Kin Contact

When contact may be made with your GP, healthcare team, or a nominated person

I respect your privacy absolutely. Contact will only ever occur in the following circumstances:

Where a letter of support or written confirmation from your GP is required before a specific approach can safely begin. I will discuss this with you before any request is made.
Where there are serious welfare concerns and I believe a risk to your safety exists. Where possible, I will inform you before making contact.
Where you have expressly requested that your GP or a nominated person is kept informed of your progress.

Your GP will never be contacted simply to share session content or general progress without your knowledge and consent.

10. Safeguarding

I take safeguarding seriously and hold a duty of care to all clients, particularly children and vulnerable adults. I operate in accordance with Scottish safeguarding legislation, including the Children (Scotland) Act 1995 and the Adult Support and Protection (Scotland) Act 2007.

If I have reasonable cause to believe that a child or vulnerable adult is at risk of harm or abuse, I am legally and professionally obliged to report this to the appropriate authorities, regardless of the wishes of the client or their family.

All clients under the age of 18 require written parental or guardian consent before any sessions commence. Appropriate supervision arrangements will be discussed and agreed on an individual basis. Where a client is an adult who lacks capacity to consent to therapy for themselves, consent must be given by a person holding welfare power of attorney or a guardianship order under the Adults with Incapacity (Scotland) Act 2000, and appropriate evidence of that authority will be requested before sessions commence.

As a safeguarding measure, every session with a client under the age of 18 must have either a parent or guardian present for its duration, or be audio recorded, regardless of my general recording practice for other clients. I may use either safeguard or both, at my discretion, but at least one must always be in place. Session recording is covered fully in Section 12 (Audio & Video Recording Consent).

For an adult unable to consent for themselves, their welfare attorney, guardian, or another appropriate person they nominate must always be present for the duration of each session, this requirement is non-negotiable, since this client group may not reliably be able to signal distress or withdraw consent during a session. Whether such sessions are also audio recorded is at my discretion, regardless of my general recording practice for other clients.

In the event of my death, incapacity, or inability to continue practising, arrangements are in place for a nominated professional contact to securely store, transfer to another appropriate practitioner, or destroy client records in line with the retention and security standards set out in this document and the Elements of Mind Privacy Policy. Records will not be left unsecured or accessible to unauthorised persons under any circumstances.

11. Online Sessions

You are responsible for ensuring you have a suitable device, internet connection, and a private, safe space for online sessions.
You agree not to record any part of a session without my prior written consent.
A backup contact method will be agreed before your first online session.
I reserve the right to pause or end a session if I have reasonable concerns about your safety or the suitability of your environment, and will follow up appropriately.
All online sessions are subject to the same professional, ethical, and confidentiality standards as in-person sessions.

12. Audio & Video Recording Consent

Sessions may be audio or video recorded by the practitioner for the purposes of note-taking, professional reflection, clinical supervision, continuing professional development, or where required by a regulatory or statutory authority.

Audio recording forms part of my normal note-taking practice, although not every session will necessarily be recorded. Where recording is taking place, this will be explained to you before the session begins, and you will be reminded at the start of the session.

Recording forms part of how sessions may be structured and reviewed. If you have concerns about being recorded, please discuss these with me before booking, as in some circumstances I may not be able to offer sessions without it.

You retain the right to raise concerns or withdraw your consent to recording at any time.
All recordings are stored securely and treated as confidential.
Recordings form part of your session records and are retained in line with the retention period set out in Section 14 (Data Protection & Privacy), and are subject to the same data protection standards as all other personal data held by this practice.

13. International Clients

I welcome online clients from anywhere in the world. The following applies to all clients accessing services from outside Scotland or the United Kingdom:

My practice, professional obligations, and these Terms and Conditions are governed by Scottish law and the laws of the United Kingdom.
You accept responsibility for ensuring that accessing these services is lawful in your own country or jurisdiction.
In the event of a safeguarding or welfare emergency, I will take all reasonable steps to contact local emergency services or appropriate support agencies in your country.
Fees are quoted and payable in GBP (British pounds) unless otherwise agreed in writing.
Session times are confirmed in UK time (GMT/BST as applicable). Please ensure you are clear on the equivalent time in your location.

14. Data Protection & Privacy

For full details of how your personal data is collected, used, stored, and protected, please see the Elements of Mind Privacy Policy, available on request or via the practice website. This section summarises the key points relevant to your therapeutic relationship with me.

Compliance with the Data (Use and Access) Act 2025

This practice complies with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the Data (Use and Access) Act 2025 (DUAA), which received Royal Assent on 19 June 2025 and introduces the most significant changes to UK data protection law since UK GDPR.

Key changes affecting your rights under the DUAA:

Right to complain directly to this practice (Section 164A, DPA 2018 as amended): You now have a statutory right to raise a data protection complaint directly with me, in addition to your existing right to complain to the Information Commission (formerly the ICO). I will acknowledge your data protection complaint within 30 days and respond without undue delay.
If you request access to your personal data, I will conduct a reasonable and proportionate search of the records held within my practice, including appointment records, correspondence, session notes and any recordings, in order to provide you with the information I hold about you. This does not involve carrying out external searches or background checks.
Special category data: Your health, mental health, and therapeutic session data is classified as special category personal data under UK GDPR and is afforded the highest level of protection.

Data I Collect

Personal identification details (name, date of birth, contact information, country of residence).
Health, medical, and mental health information relevant to your sessions.
Session notes and progress records.
Financial records (payment history).
Any audio or video recordings created for therapeutic or supervisory purposes.

Lawful Basis for Processing

Your personal data is processed on the basis of:

Explicit consent (Article 9(2)(a) UK GDPR) for special category health data.
Contractual necessity (Article 6(1)(b)) for data required to deliver the services you have booked.
Legal obligation (Article 6(1)(c)) where retention or disclosure is required by law.
Legitimate interests (Article 6(1)(f)) for limited purposes such as professional supervision and practice improvement, where these do not override your rights.

Data Retention

Records are retained for a minimum of 7 years from the date of your last session, or until a minor client reaches the age of 25, whichever is later. After this period, records will be securely destroyed. International clients’ data is held to the same standards.

Your Rights

Under UK GDPR and the DUAA, you have the right to:

Access the personal data I hold about you.
Request correction of inaccurate data.
Request deletion of your data (subject to legal and professional retention obligations).
Object to or restrict certain processing.
Make a data protection complaint directly to this practice (see Section 16).
Complain to the Information Commission (formerly the ICO) at ico.org.uk.

To exercise any of these rights, please contact me in writing at david@elements-of-mind.co.uk.

15. Client Responsibility to Update Information

It is your responsibility to inform me of any changes to your medical history, health, circumstances, or personal details that may be relevant to your sessions. This includes new diagnoses, changes in medication, pregnancy, changes in mental health, or any significant life events.

At the beginning of each session, I will verbally check whether there have been any changes to your health or circumstances since your last appointment.

Your Acknowledgement

By engaging in ongoing sessions, you acknowledge that it is your responsibility to proactively update me of any relevant changes.

If you fail to disclose a change in your medical or personal circumstances that would have affected my decision to proceed with a session, or the approach taken, the responsibility for any consequence arising from that non-disclosure rests with you. I cannot be held liable for decisions made on the basis of information that was incomplete due to your failure to disclose.

16. Data Protection Complaints

Under the Data (Use and Access) Act 2025, you have a statutory right to raise data protection concerns directly with this practice. If you believe I have infringed your rights under UK GDPR or the DUAA:

Submit your complaint in writing to: david@elements-of-mind.co.uk, clearly stating it is a data protection complaint.
I will acknowledge your complaint within 30 days of receipt.
I will respond to your complaint without undue delay, setting out the steps taken and the outcome.
If you are not satisfied with my response, you have the right to escalate your complaint to the Information Commission at ico.org.uk or by calling 0303 123 1113.

17. General Complaints

If you are dissatisfied with any aspect of your experience that is not a data protection matter, please raise this with me directly in writing in the first instance. I will acknowledge your complaint within 5 working days and aim to resolve it within 28 days. If you feel your complaint has not been resolved to your satisfaction, you may contact my professional accreditation or registration body.

18. Limitation of Liability

To the fullest extent permitted by law, my liability shall be limited to a reasonable and proportionate amount in relation to the services provided. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. Outcomes vary between individuals and cannot be guaranteed.

19. Governing Law

These Terms and Conditions are governed by the laws of Scotland and, where applicable, the wider laws of the United Kingdom. Any disputes will be subject to the jurisdiction of the Scottish courts. For international clients, you acknowledge that Scottish law governs your relationship with this practice, regardless of your country of residence.

20. Changes to These Terms

I reserve the right to update these Terms and Conditions from time to time. You will receive reasonable notice of any material changes. Continued use of my services after such changes constitutes acceptance of the updated terms.

Version 3.12 | July 2026 | Compliant with UK GDPR, DPA 2018 & Data (Use and Access) Act 2025