Posted By Nick Higginson Jane You cannot exclude liability for negligence by getting people to sign a disclaimer (Unfair Contract Terms Act). I am by no means an expert in head massage, but what risks are we talking about here? What are you going to do to them? Is there some sort of pre-massage questionnaire you could compile to indicate if people had any particular problems? (although I cannot think of any medical problems that would be exarcebated by a massage!) If we insured against everything, we would be bankrupt and never achieve anything. We would all stay inside and industry would grind to a halt. I choose not to insure against damage to my house from botched DIY - as the most I would do is hang a picture, it's not worth worrying about. I say just go for it. Kind regards Nick The advice in the above posting is in no way indemnified. Massaging is carried out at your own risk. Your house is at risk if you do not keep up payments. blah blah blah. Please print this document, sign it and return it to me.

Posted By David Brede I would have thought that if the case studies were invited into the college for treatment as guinea pigs as part of the course then the college would have to cover any injuries caused under their insurance? Clearly once you have your qualification you would be as well to have such a disclaimer if you treat people for free or insure if you wish to charge for the service, However I am not aware of anyone being harmed by this form of complementary medicine indeed the reverse! David

Posted By Karen Todd Hi Jane, I reckon that if you are doing massages on these guinea pigs as part of your course, then it is up to the college to hold appropriate insurance for this. However, I have a friend who did a course and I appreciate that indian head massage is very powerful and makes many people feel sleepy, so there is the risk that they could faint, or be a bit unsteady on their feet when they first get up, and therefore there is the possibility that they could fall and hurt themselves. I think my friend was also made to join the Federation of Holistic Therapists and her membership either included insurance or else she got it very cheaply. Regards, Karen Todd

Posted By Nick Higginson If we are saying that Jane could be sued for negligence, let's look at the tests: 1. Duty of care owed - Does Jane owe a duty of care? In this instance, surely the duty lies with the college (as has been suggested)? 2. Duty of care breached 3. Breach of duty led to foreseeable harm - Someone more knowledgeable than me has already pointed out there are certain people who cannot receive this type of treatment. If Jane (or maybe the college)puts together a simple questionnaire, then I would venture that she has done all that is "reasonable". Kind regards Nick