MEDICAL DIRECTOR PRESCRIPTIVE AGREEMENT
HIGHLIGHT AESTHETICS AND PERMANENT MAKEUP (HAPM) (The “Company”)
(The “Medical Director”)
THIS AGREEMENT is made on the …………..day of………….20……., (hereinafter, “Effective
Date”) entered into by the Company and the Medical Director (Company and Medical Director
collectively referred to as the “Parties” or individually as the “Party”) and includes that Party’s
successors and assigns.
HAPM operates in Nacogdoches Texas. HAPM requires the services of a physician in
order to provide prescriptive services, including cosmetic injectables. Prescriptive services
are under the oversight of the Texas Department of State Health and/ or the Texas
Department of Licensing and Regulation.
HAPM has designed protocols to comply with Texas Medical Board laws.
In consideration of covenants and agreements contained in this agreement, and other good and
valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the
following terms and conditions and to be bound thereby:
1) Responsibilities of the Medical Director
- Serve as the medical director for HAPM in Nacogdoches Texas.
- Comply with Texas medical board rule 193.17.
- Ensure that any prescriptive service or device will be supervised and prescribed by the
appropriate licensed practitioner.
- Ensure the injector at HAPM complies with protocols by performing chart audits and
- HAPM requests that the Medical Director is scheduled in the HAPM office 4 hours a
month to meet new patients and offer expertise on injection and safety protocols.
- Every Friday morning for 1 hour or every other Friday morning for 2 hours will be the
typical schedule. Other arrangements can be made. The schedule should be agreed
upon at the beginning of each week.
- In the event that charts have been audited and there are no new patients scheduled,
the Medical Director is free to leave HAPM before scheduled time.
- HAPM Requests the Medical Director to utilize teledoc services to meet new patients
and prescribe treatments. HAPM will restrict the new patient teledoc appointments to 5
or less a week.
- Medical Director or designee will be available to treat adverse reactions as needed
- Medical Director services will consist of prescribing treatments for patients, reviewing
patient files and advising on contraindications.
- Medical Director will obtain basic injection training within 30 days of this agreement
being signed. Additional supplemental training will be obtained as needed.
- The Medical Director shall perform the services to the best of their ability and
according to industry standards.
2) Shared Responsibilities of Medical Director and HAPM
- Both parties will comply with Texas Medical Board rule 193.17.
- Ensure that written prescriptions and other authorizing orders are maintained in each
- Acknowledge that both parties are subject to relevant applicable state and federal laws
and regulations. Ensure compliance separately with applicable rules and laws. Both
parties agree to provide proof to the other party in a reasonable manner when
requested. No employee/ employer relationship shall be construed from this
3) Responsibilities of the Injector at HAPM
- Maintain appropriate supplies and equipment that meets the standards of the Texas
- Ensure that written prescriptions and other authorizing orders for procedures or
treatments will be maintained in each patient’s file.
- Allow Medical Director access to patient files for announced or unannounced audits.
- Injector is solely responsible for any negligent acts. And the Medical Director is solely
responsible for any of his/her acts.
- Injector will get approval for any promotions or advertising that uses the Medical
- HAPM will pay the Medical Director $500.00 per month by the 5th of the month.
- HAPM will pay $25 for each patient referred to HAPM from the Medical Director or
Medical Director’s office.
- HAPM will inject the Medical Director with 30 units of Botox, Dysport or Xeomin
(depending on which one is available). 1 syringe of dermal filler will also be made
- HAPM will give a 25% discount on all services to the Medical Director.
5) Term and Termination
- The term of this contract begins on __________ and ends on
___________, and can be renewed on
_______________. The contract is renewable every 6 months. Each
time a contract is signed, free product will be available again.
- Either Party may terminate this Agreement, upon giving the other Party no less than 7
days’ notice in writing due to but not limited to failure to provide agreed upon
compensation. If a Party wishes to terminate the contract with less than this stated
period, the other Party reserves the right to charge costs that they have already paid in
advance or incurred.
- The termination of this agreement shall not discharge the liabilities accumulated by
- Any Clauses intended by the Parties or this agreement to survive the termination of
this agreement shall survive the termination of this agreement by whatever cause.
For the duration of this Agreement, any subsequent agreement executed for the same or similar
purpose, and after the termination of this Agreement, the Medical Director shall not interfere with
the Company’s relationship with, or endeavor to entice away from the Company, the Company’s
Customers, any officer, director or employee or any person who had a material business
relationship with the Company in the duration of this Agreement.
The Medical Director agrees to indemnify, hold harmless and defend the Company and its
directors, officers, employees, and agents from and against any action, claim, demand, or liability,
including reasonable attorney’s fees and costs, arising from but not limited to:
(i) the Medical Director’s breach of this Agreement;
(ii) (ii) the negligence or willful misconduct of the Medical Director; or
(iii) (iii) any allegation that the Medical Director caused injury or damage to any third Person
(“Person” is defined as any individual, corporation, Company, partnership, government or any
The Medical Director agrees that the Company shall have the right to participate in and control
the defense of any such claim through counsel of its choosing at the Medical Director’s expense.
The Medical Director shall not transfer or assign this agreement without the Company’s consent.
However, the Company may transfer or assign this agreement or subcontract its obligations
hereunder at any time without the Medical Director’s consent. If the Company does so, anyone to
whom the Company transfers, assigns, or subcontracts any or all of its obligations will have all of
the Company’s rights with respect to such obligations.
All non-public, confidential or proprietary information of the Company, disclosed by the Company
to the Medical Director, whether disclosed orally or disclosed or accessed in written, electronic or
other form or media, and whether or not marked, designated or otherwise identified as
“confidential” in connection with this Agreement is confidential, solely for the use of performing
this Agreement and may not be disclosed, copied, or dealt with in any similar manner unless
authorized in advance by the Company in writing. Upon the Company’s request, the Medical
Director shall promptly return all documents and other confidential materials received from the
The Company shall be entitled to injunctive relief for any violation of this Section. This Section
does not apply to information that, at the time of disclosure, (i) is or has been available publicly,
other than for the reason of disclosure directly or indirectly by the Medical Director; or (ii) has
been made available to the Medical Director and not bound by the obligation of confidentiality, or
confidential information obtained independently by the Medical Director without assistance,
utilization, or use of confidential information. In addition, this Agreement is confidential and cannot
be divulged to third parties, unless as provided by law, without the written consent of the
- Force Majeure
For this Agreement, “Force Majeure” means an event which a diligent party could not have
reasonably avoided in the circumstances, which is beyond the control of a party and includes, but
is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions,
strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by
government agencies. A Party’s failure to fulfill its obligations due to Force Majeure shall not be
considered a breach of this Agreement, provided that the Party has taken all reasonable
precautions, due care, reasonable alternative measures, and minimal delay all to carry out the
terms of this Agreement.
- Changes to the Agreement
Either Party may request changes to the agreement, but they will only be effective if agreed in
writing, and signed by all Parties. If any ambiguity is found in the agreement or various
documents forming this agreement, the Parties shall issue any necessary clarification or
- No Waiver
Unless otherwise provided, failure by the Company to enforce any of the terms or conditions of
this Agreement shall not be a waiver of their right to enforce the terms and conditions of this
Agreement. A waiver by the Company of any right or benefit provided in this Agreement does not
infer or permit a further waiver of that right or benefit, nor does it infer or permit a waiver of any
other right or benefit provided in this Agreement.
The provisions of this agreement are severable. If any provision is held to be invalid or
unenforceable, it shall not affect the validity or enforceability of any other provision.
This agreement may be executed in any number of counterparts, each of which shall be deemed
to be an original and all of which taken together shall constitute one instrument.
- Entire Agreement
This agreement constitutes the entire agreement between the parties. It supersedes all prior oral
or written agreements or understandings between the Parties concerning the subject matter of
this agreement. All documents annexed to this agreement shall be subject to the terms under this
agreement, provided that the Parties append their signatures on the documents. The Parties will
exercise utmost good faith in this agreement.
The article and section headings in this agreement are for convenience; they form in no part of
this agreement and shall not affect its interpretation.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine,
neuter, singular, or plural, as the identity of the person or entity may require. As used in this
agreement: words of the masculine gender shall mean and include corresponding neuter words
or words of the feminine gender, and words in the singular shall mean and include the plural and
Any notice required to be given between the Parties pursuant to the provisions of this Agreement
shall be in writing and shall be deemed duly given:
(i) if delivered by hand and receipted for by the party addressee, on the date of such receipt,
(ii) (ii) if mailed by domestic certified or registered mail with postage prepaid, on the third
business day after the date postmarked, or
(iii) sent by email.
at the following addresses or such changed address as the Party shall have specified by written
notice, provided that any notice of change of address shall be effective only upon actual receipt.
Any notice delivered by email shall request a receipt thereof confirmed by email or in writing by
the recipient, and the effective date of such notice shall be the date of receipt, provided such
receipt has been confirmed by the recipient.
Medical Director: ___________________________________________________
- Medical Director Acknowledgements
The Medical Director acknowledges that they have been provided with the opportunity to
negotiate this agreement and to seek legal counsel before signing this agreement. In addition, the
Medical Director acknowledges that the restrictions imposed are fair, reasonable, and necessary
to protect the Company’s legitimate business interests and will not place an undue burden upon
their livelihood in the event of enforcement of the restrictions. The Medical Director also
acknowledges that they have entered into this agreement with the capacity and authority to
contract freely and voluntarily.
- Governing Law
This Agreement shall be governed in all respects by the laws of Texas, and its Courts without
regard to its conflict of law provisions.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and
year set forth below.
Signed by the duly authorized representative
of the COMPANY
Signed by the MEDICAL DIRECTOR
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )