Legal & Liability provisions
As a condition of holding a Menopause MOT® licence and using the Menopause MOT® Toolkit, the Licensed Practitioner warrants and agrees that they:
- hold, and will maintain throughout the period of their licence, valid professional indemnity and public liability insurance appropriate to their scope of practice and sufficient to cover the delivery of the Menopause MOT® assessment;
- will only deliver the Menopause MOT® and use the associated screening, testing and assessment tools within the bounds of their own professional qualifications, training and scope of practice, and will not represent themselves as offering medical diagnosis, treatment or clinical opinion beyond that scope;
- will refer or signpost clients to an appropriately qualified medical professional where the Menopause MOT® screening indicates a concern outside the practitioner’s competence or scope of practice;
- acknowledge that Menopause Movement Ltd. provides the Toolkit, licence and associated materials as a professional resource only, and that responsibility for the conduct of each individual assessment, the accuracy of clinical judgement exercised, and compliance with the practitioner’s own professional and regulatory body requirements rests with the Licensed Practitioner;
- will provide evidence of current insurance to Menopause Movement Ltd. on request, and acknowledge that the licence to use the Menopause MOT® trademark and certification mark may be suspended or revoked if valid insurance is not maintained.
Mutual indemnity clause
The Licensed Practitioner agrees to indemnify and hold harmless Menopause Movement Ltd., its directors, employees and agents against all claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with the Licensed Practitioner’s delivery of the Menopause MOT®, including but not limited to claims arising from the Licensed Practitioner’s negligence, breach of their professional or regulatory obligations, delivery of the assessment outside their scope of practice, or failure to maintain valid professional indemnity insurance as required under these terms.
Menopause Movement Ltd. shall not be liable for any claim, loss or damage arising from the Licensed Practitioner’s individual delivery of the Menopause MOT®, including any clinical judgement exercised, advice given, or action or omission of the Licensed Practitioner in the course of an assessment, save to the extent such claim, loss or damage arises directly from a defect in the Menopause MOT® Toolkit materials themselves as supplied by Menopause Movement Ltd.
This clause survives termination or expiry of the Licensed Practitioner’s membership and licence.