Theralux Terms of Hire

Theralux Limited ("we, our or us") operates websites (theraluxmedical.com) and trades as "Theralux” or “Theralux Medical”. We are registered in England and Wales under company number 14854448 and have our registered office at 234 London Road, Wokingham, RG40 1SW.

Prior to hiring a phototherapy unit, you will be asked to sign a rental agreement and release of liability. The general agreement is outlined below for convenience but does not supersede the agreement that will be signed.

1. Description of Services

The Company rents out phototherapy units to individuals for the purpose of self-treating skin conditions at home. The rental period typically ranges from 8 to 16 weeks.

2. Rental Terms and Responsibilities

Rental Period: The rental period shall be specified on the hire agreement.

Rental Fee: The rental fee for the phototherapy unit is £340 plus delivery if applicable.

Unit Condition: The Customer agrees to use the phototherapy unit in accordance with all provided instructions and safety guidelines. The Customer shall ensure that the unit is maintained in good condition throughout the rental period.

3. Responsibility for Damage

Damage and Loss: The Customer agrees to be fully responsible for any loss, theft, or damage to the phototherapy unit while it is in their possession. The estimated cost of the phototherapy unit is £3,200. In the event of damage or loss, the Customer agrees to reimburse the Company for the repair or replacement cost of the unit.

Inspection: The Customer agrees to inspect the unit upon receipt and report any existing damage or issues to the Company immediately.

Maintenance and Repairs: Routine maintenance and repairs required due to normal wear and tear will be the responsibility of the Company.

4. Specific Wear and Tear Provisions

Phototherapy Bulbs: The Customer is not liable for the cost of replacing phototherapy bulbs that reach the end of their operational life as specified by the manufacturer. However, the Customer is responsible for any damage caused to the bulbs or the unit, including but not limited to:

Damage caused by improper handling or misuse of the unit.

Physical damage to the bulbs or any part of the unit.

Accidental breakage or destruction of the bulbs or unit components.

5. Return of Unit

Availability: The Customer agrees to make the phototherapy unit available for pickup by the Company at the end of the rental period. The unit must be returned in the same condition as it was at the start of the rental period, except for normal wear and tear.

Timing: The Customer agrees to ensure that the unit is available for pickup at the agreed-upon time to avoid additional charges.

6. Extension of Hire

Extension Request: The Customer may request an extension of the rental period. To extend the hire, the Customer must provide at least two weeks’ notice prior to the end of the original rental period.

Extension Fee: The cost for extending the hire is £35 per additional week.

Late Extension and Levy: If the Customer does not make the unit available for pickup and no extension has been agreed upon, the Customer will incur a charge of £35 per additional week plus a £50 levy per additional week. The levy covers the cost of delaying the next customer from hiring the unit.

7. Release and Waiver

In consideration of being permitted to rent and use the phototherapy unit, the Customer agrees to the following:

The Customer hereby releases, waives, discharges, and covenants not to sue the Company, its directors, officers, employees, and agents from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or harm, including death, that may be sustained by the Customer, or to any property belonging to the Customer, whether caused by the negligence of the Company, the Customer’s own actions, or otherwise, while using the phototherapy unit.

This release includes, but is not limited to, claims related to the use of the phototherapy unit even if the Customer follows the provided instructions and safety guidelines.

8. Third-Party Users

Non-Suit Provision: The Customer agrees that if the phototherapy unit is used by any third parties, the Customer will ensure that such third parties are also bound by the terms of this Agreement, including the release and waiver of liability. The Customer agrees to indemnify and hold harmless the Company from any claims or actions brought by any third parties arising from their use of the phototherapy unit.

9. Indemnification

The Customer agrees to indemnify and hold harmless the Company from any loss, liability, damage, or costs, including court costs and attorneys' fees, that may incur due to the Customer's use of the phototherapy unit, whether caused by negligence of the Company or otherwise, and even if the Customer adheres to all provided instructions.

10. Assumption of Risk

The Customer agrees and acknowledges that they are fully aware of the risks involved in using the phototherapy unit and voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained as a result of using the phototherapy unit, regardless of adherence to the Company’s instructions. Potential risks can include, but are not limited to, burns, itchy and inflamed skin, damage to the eyes and in severe cases, can lead to skin cancer.

11. Health Conditions and Medical Advice

The Customer confirms that they have sought appropriate medical advice before using the phototherapy unit and that they are not using the unit contrary to any medical recommendations.

12. Eye Protection

Use of Eye Protection: The Customer agrees to use all supplied eye protection during the use of the phototherapy unit as instructed. The Customer acknowledges that the use of this eye protection is essential for their safety.

Liability for Injury: The Customer agrees that the Company is not liable for any injury or damage that may occur, even if the supplied eye protection is used as directed. This includes but is not limited to potential injuries to the eyes or skin and other related health issues.

13. Age Restriction

Age Confirmation: The Customer confirms that they are over the age of 18. The phototherapy unit will only be used by individuals who are 18 years of age or older. The Customer agrees that the unit will not be used by anyone under this age.

14. Insurance

The Customer can and is encouraged to obtain insurance coverage for the rental period to cover potential damage or loss of the phototherapy unit.

15. Emergency Contact

In case of any issues or emergencies related to the phototherapy unit, the Customer should contact the Company immediately at info@theraluxmedical.com.

16. Equipment Failure

In the event of equipment failure, the Customer must report the issue to the Company immediately. The Company will provide instructions for repair or replacement. The Company will strive to address the issue promptly, but does not guarantee immediate service.

17. Termination of Agreement

The Company reserves the right to terminate this Agreement early if the Customer fails to comply with the terms, if the unit is deemed unsafe, or for any other reason deemed appropriate by the Company.

18. Privacy and Data Protection

The Company will handle any personal data collected from the Customer in accordance with applicable data protection regulations. For details on data handling, please refer to our privacy policy at theraluxmedical.com/privacy.

19. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through mediation or arbitration before pursuing legal action.

20. Force Majeure

Neither party shall be liable for failure to perform its obligations under this Agreement due to unforeseen circumstances beyond its control, including but not limited to natural disasters, pandemics, or other major disruptions.

21. Additional Costs

The Customer may incur additional costs for late returns, cleaning fees, or administrative fees as specified by the Company.

22. Acknowledgment of Terms

The Customer acknowledges that they have had the opportunity to review the terms of this Agreement thoroughly and seek independent legal advice if desired.

23. Limitation of Liability

To the fullest extent permitted by law, the Company’s liability for any claim, damage, or loss is limited to the total amount paid by the Customer for the rental of the phototherapy unit.

24. Amendments

The Company reserves the right to amend the terms of this Agreement. Any such amendments will be communicated to the Customer.

25. Definitions

Normal Wear and Tear: Refers to the expected decline in condition of the unit due to regular usage, excluding damage or destruction of the phototherapy bulbs or other components.

Misuse or Neglect: Includes but is not limited to improper use, failure to follow instructions, or intentional damage.

26. Receipt and Inspection of Unit

Pre-Delivery Signing: This Agreement must be signed by the Customer and returned to Theralux Limited before the delivery of the phototherapy unit. The delivery of the unit will only be scheduled after Theralux Limited has received and processed the signed Agreement.

Inspection: The Customer agrees to inspect the phototherapy unit upon its delivery. Any damage or issues identified during the inspection must be reported to the Company immediately. Failure to report any issues at the time of delivery may result in the Customer being held responsible for subsequent damage.

27. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of England.

28. Electronic Signature Agreement

The parties agree that this Agreement may be executed by electronic means, and that such electronic signatures shall be deemed to have the same effect as handwritten signatures.

Customer Acknowledgment

The Customer acknowledges that they have read and understood this Phototherapy Unit Rental Agreement and Release of Liability and agree to its terms.