Benefits of the Balens Professional Liability Policy:
This policy will cater for the Training Activities of any business or organisation that delivers and certifies others as being competent to treat clients within the Health, Well-Being, Fitness and Beauty sectors.
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Teaching covered as standard
Including issuing of certificates and cover for teachers of the school. The policy will cover the activities of the training school and the students, including for their case studies provided the claim goes against the training school itself. Students may need their own individual Professional Liability cover for case study work, as a claim may be made against them directly. Where the school has arranged an insurance scheme for graduates through Balens, students are usually included for a reduced premium. Please also see here.
When assessing the insurance cover for the training provider, we will look at such areas as the course content in terms of the theory, number of hours, practical elements and case study work, together with the methods of assessment and qualifications of the tutors.
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£4m / £6m* Professional Liability Cover
This covers your legal liability for any breach of your professional duty due to a negligent act, error or omission committed or alleged to have been committed. The limit of liability selected will apply to any one claim and will cover an unlimited number of claims per policy year.
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£4m / £6m* Public Liability Cover
This covers your legal liability for accidental injury to any third party and or their property through acts of negligence. The limit of liability selected will apply to any one claim and will cover an unlimited number of claims per policy year.
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£4m / £6m* Products Liability Cover
This covers your legal liability for accidental injury to any third party and / or their property through the use, sale and/or distribution of defective products. The limit of liability is for all claims during the year (aggregate) and covers an unlimited number of claims up to the limit of liability. This cover includes sale or distribution of products to the schools own clients connected with the therapies / activities that we insure. A turnover restriction of £30,000 applies for sales to non-clients in any one year. We have a separate Health Products Policy should your additional sales exceed this limit.
* Higher limits of indemnity are available upon request, please contact us for details
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Retrospective Extension
The Balens Policy has an extension for any claim that arises not only during the time that you are insured with us, but also for previous work performed. Provided there was an insurance policy in place at the time when the work was carried out, it does not have to be ours, in addition there is a requirement that such an event is first notified to you during the period of insurance and the previous insurance policy in force at the time of the event will not respond. Full details of any previous policy must be provided in the event of a claim.
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Peace of Mind after you cease trading
The Balens policy is on a claims occurring basis. A major benefit of this type of wording is that any work performed when the policy was in force will be covered now and at any point in the future. This is subject to the terms and conditions of the policy. There is no need to purchase additional run-off cover which would be required on a claims made wording, which can be quite costly.
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Cover for Temporary work abroad (USA and Canada by referral)
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Cover can be extended for overseas tutors that may undertake training on your behalf.
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Cover for online work available
Cover can be provided worldwide for online work upon referral
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A wide range of therapies / activities that you provide teaching on
Balens policy can provide cover for a very wide range of therapies and activities that are being taught.
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Cover for your employed Tutors to practice the therapy they Teach
Professional Liability Cover for your Employed Tutors, when working under the name of the Training School, to practice the therapies / activities that they are qualified in and see clients. Note – this section of the policy will not respond if they are seeing clients privately, rather than under the name of the training establishment. Tutors may wish to consider their own Professional Liability Insurance to cover themselves in these situations.
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Pre-disciplinary hearings legal advice up to £1500
Any one occurrence, to cover costs and expenses when preparing a response to allegations of unprofessional conduct or behavior.
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Significant Conditions and Exclusions
It is important that you comply with the Conditions and note the Exclusions of cover. The below is only a summary of the principal terms and conditions of cover. Please refer to the policy document for full details.
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Conditions
- Record keeping – It is extremely important to note that the policy does require you to undertake and keep a record of all consultations and treatments provided. Full details of your obligations are shown in the policy wording.
- Claims notification – Condition that all incidents that may give rise to a claim must be notified to Balens Ltd.
- Instruments – Requirement to ensure sterilisation of instruments used for touching or piercing of skin, dealing with fluid spillage and disposal of clinical waste.
- Qualification – You should be suitably qualified for the treatments/advice/therapies that you provide, including ideally holding a professional teaching qualification when operating as a tutor and evidence of such should be provided when cover is arranged or when a claim occurs.
- Treatment by beauty therapists, cosmetologists and hairdressers – There are a number of conditions, including regarding patch tests, use of impermeable membranes where spillages may cause staining for the client, after care treatment advice and training / qualification requirements for certain treatments. Please see the policy wording for full details.
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Exclusions
- Students’ work - in respect of any treatment or advice given by any person who is not qualified in the Procedure being undertaken except:
- a) under the direct supervision of a qualified person; or
- b) with our specific agreement; or
- c) for students’ case study work, or for other work prior to qualification being obtained,
if deemed ready or competent to do so by their school or tutor provided always that:
- i) students do not practice outside the scope of what they have been taught, and that regular supervision and/or ongoing case consultation and review for such case studies is in place
- ii) students are to declare to any recipient in advance that they are not qualified
iii) students may charge a fee if appropriate, provided this is allowed by the tutor or
school in question and that it is a modest amount and evidently lower than an
experienced and qualified professional would normally charge
- Employers Liability Insurance
- Criminal acts
- Treatment/advice including for case study work, on any person under the age of 16 unless parental consent is obtained. Certain treatments do have an exclusion for under 18’s and details will be clear on any quotation/policy document provided to you.
- Any fines, penalties or liquidated/punitive damages as a result of a contract, agreement or legal requirement.
All policies are subject to Terms and Conditions.
Optional Extensions to Policy
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Cover for your self-employed Tutors to practice the therapy they Teach on behalf of the Training School
Professional Liability Cover for any Self-Employed Tutors, when working under the name of the Training School, to practice the therapies / activities that they are qualified in and see clients. It is the responsibly of the Training School to check the qualifications and Professional Liability Insurance for all self-employed tutors. Note – this section of the policy will not respond if the Tutors are seeing clients privately, rather than under the name of the training establishment.
Optional Additional Cover
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£250,000 Commercial Legal Expenses
Covers legal costs, awards and expenses in the event of claims being brought by employees and others related to legal issues. Any Business can incur expenses and be vulnerable under the bewildering amount of laws governing the operation of a Business. Our Legal Expenses Policy offers a wide range of support, information and cover for a range of legally related issues that can arise in the day to day running of your business.
- £250,000 legal costs and expenses including solicitors’ and barristers’ fees, court costs, expenses for expert witnesses, and accountants’ fees. It will also pay the costs of appealing or defending an appeal.
- £1m Employment compensation and employment disputes cover – maximum payable in any one period of insurance.
- Pre-Disciplinary and Disciplinary Hearings Cover.
- Contracts Disputes Cover.
- Property Protection and Personal Injury.
- Taxation Protection.
- Help lines for – Legal advice, taxation advice, counselling services, employment manual and disputes law.
We have access to a range of other stand-alone Commercial Legal packages if the above additional policy option is not suitable for your requirements.
All policies are subject to Terms and Conditions.