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The Réseau has received several requests for a waiver template for the resumption of massage therapy activities. To meet the needs of its members, the Réseau has produced a “Client statement” template that you can print out and have your clients fill in if you wish. Before downloading the document below, please read the following information carefully.
Section 7.1.1. of the Code of Ethics states that “The Member must, in the exercise of his profession, assume full personal civil responsibility. He is prohibited to insert in a professional service contract, a clause excluding directly or indirectly, in whole or in part, the above-mentioned responsibility.”
In view of this article, the Member cannot have clients sign a waiver to absolve themselves of liability in the event of a lawsuit. If they do, that clause may be nullified in a court of law. The best way to protect yourself is to follow all government guidelines and to systematically inquire about your client’s health. It is your responsibility to implement all necessary and appropriate measures to ensure safe practice.
Section 3.1.10. of the Code of Ethics states that “The Member must establish a trusting relationship between him and his Clientele. For this, the Member must: (g) inquire about the Client’s health and take note of it in his file, whether it is a paper health questionnaire or an online questionnaire. […] “.
The “Client Statement” that we are proposing will allow you to know your client’s health and the potential risks of transmission of COVID-19 in connection with it. In doing so, this form is one of the necessary steps to implement to ensure safe care. Thus, such a document could be entered into evidence in the context of a possible legal action, in order to show that the therapist did not commit any wrongdoing in exercising their profession and that they complied with all of the government’s guidelines and recommendations. In addition, if a client tells you that there is a risk of transmission of COVID-19 in their case, you may refuse to follow up on the care, in accordance with the obligations set out in the Code of Ethics.
You do not have to use the template provided by the Réseau. However, given the current health crisis, we strongly recommend that you write down all the necessary information about your client’s health in their file in order to be better protected.Client statement