Client Agreement

Client Agreement & Hold Harmless Clause

A Key Part of your Consent Agreement…

We’re fortunate to be part of a safe and enriching field that offers hundreds of services and benefits to our clients…But sometimes - things can – and do – happen. Even if you’re doing everything right, you can find yourself looking at a claim or a lawsuit against you. For instance, if a client has an unexpected reaction, a family member misunderstands your services, or an expectation goes awry. 

The fact that you carry EMPA liability insurance demonstrates the level of the professionalism that you maintain in your practice, and how you care to:

1.  Ensure you can provide for your clients, should they experience an unexpected slip and fall or other situation in which they would require care, and
2.  Protect your practice against claims that may result from injuries, mistakes, accidents (and more and provide you with legal counsel and representation if ever needed. 

Consent and ‘Hold Harmless’

Client agreements ensure that your client has key information. EMPA requires that a client agreement is obtained  for each client during the intake or initial session prior to providing services. This agreement must include the following policy, disclosure and disclaimer elements:

• A description of services to be delivered to the client
• A brief description of your education and experience
• Your scope of practice/boundaries (what you do and what you don't do)
• Your payment and cancellation policies

The client’s acceptance of the agreement needs to be documented in a format that can be submitted to the insurer in the event of a claim. This documentation may be on paper, in an email, or via an online form filled out by the client that includes acknowledgement and acceptance of the agreement.

As part of your continuing best practices, you want to be sure that your client forms are working to keep you and your clients safe.  Consent forms are a crucial level of protection that work with, and alongside your liability coverage.  They ensure that expectations and the activities of a session are clearly spelled out. Because while your insurance will help you with any claim, it can’t keep a client from bringing a suit against you.  To help avoid this, you may want to take the extra step and be sure your consent form includes a “hold harmless” clause.

Simply put – the “hold harmless” clause is an agreement between you and the person you plan to work with where they agree not to hold you responsible for “any and all claims of liability of whatsoever kind or nature arising out of or in connection with my session”. *   We recognize the hard work you’ve done to develop the skills and services you offer your clients in a safe environment. But if the unexpected does happen, a hold-harmless clause may prevent someone from filing a lawsuit.  These clauses aren’t infallible, but a court will usually honor them unless they think there was some kind of coercion or an illegal activity – so it’s a small effort for very important protection! 

Click here for more information and consent form samples.

“Except in the case of gross negligence or malpractice, I or my representative(s) agree to fully release and hold harmless (Name of Practitioner) from and against any and all claims or liability of whatsoever kind or nature arising out of or in connection with my session(s).”