This contract is between Lullaby Baby Scans (The Company) and you, the customer (You) andÂ shall be governed by the following Terms and Conditions of sale, none of which affect yourÂ statutory rights:
Will undertake this trans-abdominal ultrasound scan of the foetus in-utero with the knowledge that, as current research stands, ultrasoundÂ technology is not proven to cause any undue harm to the growing foetus after 6 weeks from conception (8weeks gestation). All concernsÂ surrounding its use for non-medical reasons are theoretical and unproven as of the year 2016.
The Company offers You the ultrasound scan on the understanding that You are receiving the appropriate ante-natal care as per NICEÂ guidance and have had one normal hospital scan proving an intra-uterine pregnancy. Under no circumstances are Lullaby Baby LTD scansÂ a substitute for your (NHS) hospital ultrasound. You understand that, at present in 2016, ultrasound scanning of a Low Risk pregnant femaleÂ with normal growth trajectory provides very little additional information or reassurance for fetal well-being. You understand that if the AFIÂ (fluid levels), heart beat and fetal movements appear normal during an ultrasound scan there is still a risk of adverse event including stillbirthÂ or intra-uterine death and this risk is not reduced with the aforementioned knowledge. It is therefor accepted that Lullaby Baby LTD doesÂ not provide scans for re-assurance. However, it is understood that You may feel reassured by the images and measurements taken. TheÂ Company cannot accept any responsibility or claims for damages for any adverse events to the fetus or mother following a Lullaby BabyÂ LTD Ultrasound scan.
You understand that should any abnormalities be detected within a NHS establishment following a Lullaby baby Scan, The company cannotÂ and will not be held responsible for any emotional or physical distress caused as a result of non-detection of any fetal abnormalities. TheÂ Company does NOT provide detailed anomaly scans or assessment of placental circulation and function at any stage in pregnancy.Â Conversely, Lullaby Baby Scans does not accept any responsibility for any emotional distress caused by the over-detection of potentialÂ fetal compromise as the result of a Lullaby Baby Scan. Should You be advised to attend your local NHS obstetric service as a result of aÂ possible abnormality detected and the fetus is found to have no such thing, Lullaby Baby Scans will not be held responsible for any emotionalÂ distress resulting from this.
You understand that The Company will not undertake an ultrasound scan if you have had any pain or bleeding within the last 1 week. YouÂ understand that if you have any concerns with the growth or movements of your baby that you will seek appropriate medical attentionÂ and not seek false re-assurance from a Lullaby Baby LTD ultrasound scan.
The Company will provide a fetal ultrasound scan. Please be aware that scans are dependent on the position of the baby and the fluidÂ surrounding the baby. Lullaby Baby LTD cannot guarantee full-face images of your unborn baby as these depend on the position of theÂ fetus at the time of the scan. At the discretion of Lullaby Baby LTD, we will offer a part refund of the service purchased so that You will onlyÂ pay a â€˜call out fee of Â£40 if the scan images obtained at the time of your scan were not optimal or desirable. If The Company is unable toÂ provide You with recognizable facial pictures in 3D between 26-30weeks You will only be charge a call out fee of Â£40. The shape and sizeÂ of You will also determine the quality of images we are able to obtain. The Company withholds the right to determine whether scan imagesÂ are suboptimal due to fetal position or the shape, size and genetic constitution of The Customer and in the case of excess body tissue (moreÂ than 2cm depth of adipose tissue below the umbilicus) on the part of the customer, there will be no part-refund offered.
The images and cine clips are to be used as a pictorial keepsake souvenir of the scan of your unborn baby and cannot be used for anyÂ type of medical or legal purpose but only for home entertainment.
Your scan images will be routinely stored by Lullaby Baby LTD scans for approximately 6months, a digital copy will be provided to be usedÂ at your own discretion. We retain Copyright of any images that we do take; unless You specifically ask us not to, we may use your imagesÂ on our website without any identifying information next to them.
Lullaby Baby LTD recognizes that fetal gender identification is never 100% accurate. The company accepts no liability of any sort for theÂ provision of an incorrect indication of your babyâ€™s gender. You will not be able to claim any form of reimbursement or compensation forÂ the incorrect detection of fetal gender.
The Company reserves the right to modify or improve our service without prior notice.
The Company will not be held responsible for any breach of contract caused by circumstances beyond its control.
Data Protection Act 1998: The data collected on this form will only be used for the purpose of identification within this organisation and willÂ not be disclosed to any external sources without your express written consent.
Lullaby Baby LTD does not provide liability insurance for the protection of individuals, groups, organizations, businesses, spectators, or othersÂ who may participate in the ultrasound scanning of a foetus.Â In consideration for your participation in said ultrasound scanning, the individual, group, organization, business, spectator, or other, doesÂ hereby release and forever discharge Lullaby Baby LTD, and its officers, board, and employees, jointly and severally from any and all actions,Â causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained byÂ participating in ultrasound scanning.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries,Â damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any lawÂ declared by the Governing Bodies of England and Wales and those of Scotland, providing substance that releases shall not extend toÂ claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, areÂ hereby expressly waived.
You hereby agree to the above terms and conditions laid out by Lullaby Baby LTD and its officers. It is further understood and agreed thatÂ said participation in ultrasound scanning is not to be construed as an admission of any liability and acceptance of assumption ofÂ responsibility by Lullaby Baby LTD, its officers, board, and employees, jointly and severally, for all damages and expenses for which LullabyÂ Baby LTD its officers, board and employees, become liable as a result of any alleged act of the parade participant.