The Chair @ 341
Surgery licence terms and conditions
1. Who this agreement is between
1.1 "We", "us", "our" means Management FD Limited (company number 14564147), 341 Birmingham Road, Great Barr, Birmingham B43 7AP. We are the party you contract with.
1.2 Payments. Payments under this agreement are collected by Dhodys Ltd (company number 07991919), which owns the premises, acting as our collecting agent. A payment made to Dhodys Ltd in line with these terms counts as payment to us.
1.3 "You", "the User" means the GDC-registered professional named on the account. If you book through your own company, both you and that company are bound by these terms, and both are responsible for them.
1.4 "The Practice" means The Dentist West Midlands, 341 Birmingham Road, Great Barr, Birmingham B43 7AP, and the businesses that run it (Dhodys Ltd and Management FD Limited).
2. What this agreement is (and is not)
2.1 It is a licence to use one dental surgery at the Practice on the days you book and pay for.
2.2 It is not a lease or a tenancy. It does not give you exclusive possession of any part of the premises.
2.3 You are fully independent. You are not an employee, associate, partner, agent or contractor of the Practice. You must not say or suggest otherwise to anyone, including patients.
2.4 Your work is yours alone. You alone provide your services to your patients. You alone are responsible for everything you do at the premises.
3. What we provide
On a booked day, from 9:00am to 5:00pm, we provide:
- (a) one dental surgery with a dental chair, unit, light and suction;
- (b) use of the Practice's decontamination (sterilisation) room and equipment, to process your own instruments;
- (c) use of the Practice's OPG and CBCT machines. This is subject to clause 6 and to the Practice's local radiation rules;
- (d) heating, lighting, water and electricity;
- (e) use of the waiting area and the patient toilet for your patients on the booked day;
- (f) a member of the Practice's staff, or the receptionist on duty, to open the premises for you and lock up afterwards.
4. What we do NOT provide
4.1 We do not provide any of the following. Each is entirely your responsibility:
- (a) Medical emergency equipment and drugs. This includes oxygen, a defibrillator (AED), emergency drugs, and airway and suction equipment for emergencies. You must bring your own, checked and in date, in line with Resuscitation Council UK and GDC standards. You must be trained to use it. Any such equipment the Practice keeps for its own use is NOT available to you, and you must not rely on it.
- (b) A dental nurse, or any other staff for your clinical work. The GDC requires a trained second person present for clinical treatment, and you must bring your own.
- (c) Reception, telephone, booking, payment-taking, record-keeping or any other administrative service for you or your patients. The Practice's receptionist works for the Practice only.
- (d) Dental materials, consumables, instruments and handpieces, and laboratory work.
- (e) Patient record software, IT equipment, and printing. Wi-Fi, if provided, is "as is".
- (f) Waste disposal. You must bring your own clinical and hazardous waste bins, sharps containers and bags. You must remove all of your waste from the premises at the end of each booked day, under your own waste contract and duty of care. You must not use, or leave anything in, the Practice's waste bins or stream.
- (g) Any clinical advice, supervision, cover or support.
4.2 Equipment may break down despite our care. We do not promise that any equipment will be available or will work on a given day. If equipment you need fails, see clause 9.4.
5. Your eligibility and your documents
5.1 Throughout the agreement you must:
- (a) be on the GDC register with no conditions that prevent the work you do at the premises;
- (b) hold your own registration with the Care Quality Commission (CQC) for the regulated activities you carry out.. You are responsible for making sure your registration covers your work at 341 Birmingham Road, including adding it as a location if the CQC requires it, and for any notifications the CQC requires;
- (c) hold professional indemnity cover suitable for all the treatment you provide;
- (d) hold public liability insurance of at least £5,000,000 per claim;
- (e) hold a current enhanced DBS certificate.
5.2 You must upload current copies of these documents to your account before booking, and keep them up to date. You cannot book, and a booking will be cancelled without refund, if any document is missing or expires before the booked day.
5.3 Documents are your responsibility. We do not check or verify your documents. Accepting an upload is not confirmation that it is valid. You promise that everything you upload is genuine, current and accurate.
5.4 You must tell us straight away by email if anything changes:
- any GDC investigation, conditions, suspension or erasure;
- any CQC enforcement action;
- your insurance lapsing.
6. Radiography (OPG and CBCT)
6.1 You may only take radiographs if you are entitled and trained to do so under IR(ME)R 2017. For CBCT, you must have the appropriate CBCT training.
6.2 You are the practitioner and operator for every exposure you make. You are responsible for its justification, for clinical evaluation (reporting), and for record-keeping.
6.3 You must follow the Practice's local radiation rules, which are displayed in the surgery, and any instructions from its Radiation Protection Supervisor.
6.4 The images belong to your patient record. Exporting the images is your responsibility.
7. Your patients
7.1 Your patients are your patients, not the Practice's. You alone are responsible for:
- their assessment, consent and treatment;
- their aftercare and emergency cover;
- their records;
- their fees and receipts;
- their complaints.
7.2 You are the data controller for your patients' personal data. You must not store it on any Practice system or leave it on the premises.
7.3 Telling patients. Before any appointment, and again in writing, you must tell every patient clearly that:
- (a) you are an independent practitioner renting a room at 341 Birmingham Road;
- (b) you are not part of, employed by or connected with The Dentist West Midlands;
- (c) The Dentist West Midlands, Dhodys Ltd and Management FD Limited are not responsible or liable for their treatment, fees or care.
7.4 Signed acknowledgement. Every patient (or their legal representative) must sign the Practice's Patient Acknowledgement form when they arrive, before any examination or treatment. You must keep the signed forms for at least 11 years and give us a copy within 7 days if we ask. No signed form means no treatment.
7.5 You must not use the Practice's name, logo, reviews, website, Google Business profile or social media, or say or imply any connection with the Practice. You may give the address of your rented room as "341 Birmingham Road, Great Barr, Birmingham B43 7AP".
7.6 Complaints. You must handle your own complaints in line with the GDC's standards. If a patient of yours contacts the Practice, we will pass them to you. You must deal with it promptly and keep us informed.
8. Bookings, prices and payment
8.1 Price. £550 per day, for full days only, 9:00am to 5:00pm. This price includes any VAT that may apply.
8.2 Overrunning. If you are still on the premises after 5:00pm, you pay £75 for each hour or part of an hour. It is payable immediately on the day by bank transfer or Wonderful. Repeated overruns may lead to clause 12.
8.3 When you can book. Bookings can be made from 48 hours to 3 months ahead, on days shown as open.
8.4 Held bookings. A booking is held while you pay. It is confirmed only when we have received payment in full. If payment is not received within 48 hours of booking, or by 24 hours before the day (whichever is sooner), the hold is released automatically.
8.5 How to pay. By the Wonderful QR code or link, or by bank transfer, using the details shown in your account. Always use your booking reference. We do not take card payments.
8.6 Price changes. We may change prices for future bookings. Any change does not affect bookings already paid for.
9. Cancellations
9.1 If you cancel 21 or more days before the booked day, we refund the day in full.
9.2 If you cancel less than 21 days before, no refund is due.
9.3 If you do not arrive, no refund is due.
9.4 If we cancel. We may cancel a booked day if:
- the premises or essential equipment are unavailable;
- there is an emergency;
- there is a legal or regulatory reason.
If we do, we refund that day in full. That refund is our only liability for the cancellation.
10. Using the premises
10.1 Arrival and keys. Arrive no earlier than 8:45am and report to reception. You must not copy keys or share any access codes.
10.2 Leaving the room. Leave the surgery clean, tidy and decontaminated, in line with HTM 01-05 and the Practice's infection-control procedures. Remove all your instruments, materials and patient items.
10.3 Faults and damage. Report any fault, accident or damage straight away. You pay the cost of repairing damage caused by you, your staff or your patients, beyond fair wear and tear.
10.4 Rules on site. You must follow:
- the Practice's health and safety, fire and security procedures;
- COSHH and sharps rules;
- any reasonable instructions from Practice staff.
No smoking or vaping anywhere on the premises.
10.5 Your responsibility for others. You are responsible for the conduct of your staff and patients on the premises.
10.6 No subletting or sharing. You may not sublet, share or transfer a booking.
11. Liability, indemnity and the Practice's reputation
11.1 You accept full responsibility. This covers all treatment and care you provide, and everything done or not done by you, your staff and your patients on the premises.
11.2 You indemnify us. You will indemnify, and keep indemnified, Management FD Limited and Dhodys Ltd, and their directors and staff, against all claims, losses, damages, fines, costs and expenses (including reasonable legal and professional fees) arising from:
- (a) any treatment, advice or care you provide;
- (b) any breach of these terms;
- (c) any act or omission of you, your staff or your patients;
- (d) any complaint, claim, regulatory investigation or proceedings connected with your work.
11.3 Reputation. Your work or conduct may harm the Practice's reputation. Examples include:
- negative online reviews, social media posts or press;
- complaints to the GDC, CQC or other bodies naming the Practice;
- patients wrongly believing you are part of the Practice.
If this happens, you will compensate us for the resulting losses and the reasonable costs of dealing with it. Those costs include staff time, responding to and seeking removal of reviews, legal advice and professional reputation management. You will also cooperate fully with any steps we reasonably take to correct the record.
11.4 Our liability is limited. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot legally be limited. Apart from that:
- we are not liable for any indirect or consequential loss, or loss of income, patients or goodwill;
- our total liability to you for any booking is limited to the fee you paid for that booking.
11.5 Your belongings. Your equipment and belongings are left on the premises at your own risk.
12. Suspending or ending your use
We may suspend your account, refuse future bookings, or cancel booked days straight away and without refund in any of these cases:
- you break these terms;
- a document under clause 5 is missing, false or expired;
- you are subject to GDC or CQC action;
- your conduct puts patients, staff or the Practice's reputation at risk.
If we end the agreement for any other reason, we refund any days you have paid for that we cancel.
13. General
13.1 Your account details. We hold your account details and documents to run this service, in line with our privacy notice.
13.2 Changes to these terms. We may update these terms. The new version applies to bookings made after it is published.
13.3 The whole agreement. These terms are the whole agreement between us about the licence.
13.4 Law. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.