MEDICAL PRACTITIONER TERMS OF SERVICE

by | Mar 16, 2022 | Samples legal papers

MEDICAL PRACTITIONER TERMS OF SERVICE

This Medical Practitioner Agreement (“Agreement”) is made and entered into by the undersigned parties _________________ (the “Company”) AND __________________ (the “Medical Practitioner”) on __________________ (the “Effective Date”)

In consideration of the promises, rights and obligations set forth below, the parties hereby agree as follows:

  • Term

The term of this Agreement shall begin on ________________and continue until ______________. The term of this Agreement may be extended by mutual agreement between the parties.

  • Responsibilities 

The Medical Practitioner will provide the following services: 

  • Respond to patient’s medical/health problems by referring to their history and carrying out diagnosis, investigation, treatment and referral as appropriate.
  • Discuss side-effects, best conditions for use, and possible interactions of medication.
  • Collaborate with other medical practitioners where necessary to delivery patient services. 
  • Exercise reasonable care and skill.

All medical practitioners will be required to join a network in order to provide services. That network could be randomly selected by the system if that person was not invited by someone within the company. If the medical practitioner was invited by someone who is already in the Company then they will be required to join that team in most cases i.e. becoming a part of that team unless that team has hit its capacity, in which case, they will be assigned to another team. All medical practitioners will be assigned a promotion code that will be part of their account.

All medical practitioners will be required to credit or contribute to the network bonus pool with 10% of their earnings with each service provided. This will be automatically deducted after each service is provided and reflected in their account. 

All medical practitioners will be required to invite three of their medical practitioner colleague to join them, their network etc., to qualify for the top performer bonus. Their invitees will be required to join the services and provide at least one service for that medical practitioner to qualify for the bonus.

All medical practitioners will be required to make themselves available on a weekly basis, accepting medical request if notified, to qualify for the top performer bonus reward within the quarter that it is awarded. 

  • Compensation

Subject to providing the services as outlined above, the Medical Practitioner will be entitled to: 

  • 100 to 140 USD for services as pertaining to time and in accordance with medc2u. The Company reserves the right to change or amend the costs without future notices for the health of the Company.
  • 20 USD convenience fee that will be charged to the customer. The Company reserves the right to set or change these prices so as to comply with the prevailing market.
  • 10 USD for gas reimbursement that will also be charged to the customer for the medical practitioner providing the convenience of travelling to the medical practitioner. The $ 10 fee will apply to all travels within 10 miles regardless of the proximity and $ 1 dollar will be added for any travel that will occur outside of that 10 miles at $ 1 per mile of travel.

If any items are purchased to perform care, those items could be added to the cost of care or reimbursed as long as the customer had previously agreed to those items that were purchased in the performance of the care provider duty. 

  • 1099 Status 

The Medical Practitioner will provide the Medical Practitioner services to the Company as an Independent Contractor and not as an employee:

Accordingly:

  • The Medical Practitioner agrees that the Company shall have no liability or responsibility for the withholding, collection or payment of taxes, employment insurance, medical and health insurance premiums on any amounts paid by the Company to the Medical Practitioner. The Medical Practitioner also agrees to indemnify the Company from any and all claims in respect to the Company’s failure to withhold and/or remit any taxes, health insurance, employment insurance premiums or pension plan contributions.
  • The Medical Practitioner agrees that as an Independent Contractor, the Medical Practitioner will not be qualified to participate in or to receive any employee benefits that the Company may extend to its employees.
  • The Medical Practitioner is responsible for any accidents that could happen whilst working at the property and the Medical Practitioner waiver their rights and claims against the Company if any accidents occur.
  • The Medical Practitioner is required to take malpractice insurance for him/her to deal with the public as a licensed 1099 contractor medical practitioner.
  • The Medical Practitioner has no authority to and will not exercise or hold itself out as having any authority to enter into or conclude any contract or to undertake any commitment or obligation for, in the name of or on behalf of the Company.
  • Cancellation Policy 

The Customer is required to pay the service in its totality once the Customer and the Medical Practitioner have both agreed that the service has started via a confirmation notification that is transmitted from the Medical Practitioner unto the Customers app once they commence the service. The Customer is required to cancel a request within 3 minutes. If 3 minutes lapse, before cancelling your request, the Customer will be charged 30% of the service cost. Should the Medical Practitioner cancel, he/she will create negative points that will lower their total for winning top performer, and too many cancellations within a month will have the Medical Practitioner’s account being suspended. 

  • Medical Practitioners Representations and Warranties
  • The medical practitioners acknowledge that they will be responsible for all their expenses and expenditures while rendering services.
  • The medical practitioners represent that they will uphold medc2u values to maintain their contract and account in good standing. The medical practitioners acknowledge that failure to maintain the account in a favorable standing could result in the account being suspended or even termination.
  • All medical practitioners hereby agree to pay medc2u a commission on services provided at between 12-15%. The commission percentages are subject to change at a moment’s notice to protect the financial integrity of the company but at no time can exceed 20% of their earnings.
  • All medical practitioners hereby agree that they will earn on services provided between 130 up to 170 dollars. The only exception in the prices that are being reflected is if the customer is a college student with a valid college email address; college students will have a flat services cost of 100 dollars. The college exception will be in effect for no more that 3-4 years after that account has been created.
  • All medical practitioners hereby acknowledge that medc2u is a third party and at no time do they represent the company, its shareholders, its officers or the founders without given written consent.
  • All medical practitioners hereby acknowledge that they must have a reliable vehicle to join the Company’s network and maintain their license in good standings with its respective states. The medical practitioners are also required to keep the Company abreast of any and all changes that occur with their medical license as it pertains to the state, active, inactive, suspended etc. and failure to do so will result in the account being suspended to include being terminated with prejudice, the same applies to the practitioner’s driver’s license.
  • All medical practitioners hereby acknowledge that the team builder or administrator i.e. the person who started the network and manages it, will be entitled to 10% of each bonus that is awarded to the top performer.
  • All medical practitioners hereby acknowledge that they will be compensated on a biweekly basis after the service is provided.
  • All medical practitioners hereby acknowledge that all compensation will be in form of a direct deposit unless informed by the company of another means to settle their compensation.
  • All medical practitioners hereby acknowledge that they are prohibited from exchanging any personal information with users in any capacity during or immediately after performing their duties while responding to a request. At no point during or after the services or aide should the service provider exchange personal contact with the user to incur future business as a personal care provider. Should the medical practitioner be caught, he/she will be terminated immediately with prejudice.
  • All medical practitioners who provide services via our platform will be required to possess a reliable vehicle for travelling and the vehicle must be licensed and insured.
  • All medical practitioners hereby acknowledge that they are 1099 contractors and can determine when to opt into responding to care request and when to stop responding to care request by toggling the on/off switch to the appropriate position.
  • Administrator/Team Builders Representations and Warranties
  • All administrators hereby acknowledge that they will be responsible for team building and communication.
  • All administrators hereby acknowledge that they will receive 10% bonus award to the top performer within their team or network each time a bonus is received by the medical practitioner to reflect the job well done. The administrator can be a top performer and win the bonus if they are also a medical practitioner and respond to medical care requests.
  • All team builders/administrators hereby acknowledge that they are required to create a facebook group or a Linkedin group account to communicate, motivate and assist their network in performing their duties as best as possible.
  • All team builders/administrators hereby acknowledge that they will assist their team members with qualifying for the bonus which includes but not limited to assisting with recruiting three colleagues to join the company as a 1099 and perform at least one service.
  • All team builders/administrators hereby acknowledge that they will perform the role of management for the teak which include helping the team members with any problem that might arise.
  • All team builders/administrators hereby acknowledge that they will earn 10% of any and all rewards that is awarded to the top performer within their network, each time someone is recognized for their hard work.
  • Administrator’s Vested Interest

All team builders/administrators will be considered vested after their tenth year as a team builder/administrator. On becoming a vested member within the company, all team builders/ administrators will be compensated in perpetuity as per established protocol within the bonus system schedule thereafter.

  • Confidentiality 

The parties hereto agree that each shall treat confidentially all information provided by each party to the other party regarding its business and operations (“Confidential Information”). All Confidential Information provided by a party hereto shall be used by the other party hereto solely for the purpose of rendering or receiving services pursuant to this Agreement and, except as may be required in carrying out this Agreement, shall not be disclosed to any third party. Medical Practitioner will enter into confidentiality with respect to all books and records of patients and Company as may be required under the Health Insurance Portability and Accountability Act of 1996, as amended, and the rules and regulation promulgated thereunder (“HIPAA”). Neither party will use or disclose Confidential Information for purposes other than the activities contemplated by this Agreement or except as required by law, court process or pursuant to the lawful requirement of a governmental agency, or if the party is advised by counsel that it may incur liability for failure to make a disclosure, or except at the request or with the written consent of the other party. 

  • Intellectual Property

Unless otherwise indicated, the work product is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of United States, international copyright laws, and international conventions.

  • Non-disparagement clause

Medical Practitioner shall not, at any time during the Term and thereafter, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage the Company or any of its subsidiaries or affiliates or their respective officers, directors, employees, advisors, businesses or reputations. Notwithstanding the foregoing, nothing in this Agreement shall preclude the Medical Practitioner from making truthful statements that are required by applicable law, regulation or legal process.

  • Termination

The Medical Practitioner may terminate this Agreement by closing their account. The Company may terminate this Agreement at any time.

The Agreement may also be terminated by one party if the other party commits a material breach of any of the provisions of this Agreement and if:

  1. the party in breach is not capable of remedy, that party fails to remedy the same within 7 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied, or the other party is in persistent non-material breach (whether remediable or not) of any of the provisions of this Agreement; 
  2. An encumbrancer takes possession or a receiver is appointed over any of the property or assets of that other party.
  3. That other party makes any voluntary arrangement with its creditors or becomes subject to an administration order;
  4. That other party goes into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting there from effectively agrees to be bound by or assume the obligations imposed on that other party under this Agreement
  5. Anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to that other party; or
  6. The other party ceases, or threatens to cease, to carry on business.
  7. Where a party terminates this Agreement pursuant to this clause, such party shall have no liability to the other in respect of such termination. Termination of this Agreement, however arising, shall not affect any of the parties rights and remedies that have accrued as at termination.
  • Customer responsibility

The Medical Practitioner shall be directly responsible to the Customer for any failure to fulfil the Customer’s expectations or for any other legal liability which arises in respect of the Medical Practitioner services. 

  • Non-Competition

Non-compete. By entering into an agreement with our Company, and accepting the terms and agreement, the Medical Practitioner cannot enter into a contract with any direct competitor who uses software technology to connect with someone in need of non-emergent care to license medical practitioner using geolocation technology or any other means that require them to travel to provide care at the personal location.

Injunction. The Parties agree that it would be difficult to measure the damage to the Company from any breach of the above section and that solely monetary damages would be inadequate. Accordingly, the Medical Practitioner agrees that if he/she should breach the above section, the Company shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain such breach, without showing or proving actual damages sustained by the Company.

No Release. The Parties agree that in the termination of this Agreement, it shall not be releasing the Medical Practitioner from any obligation under this Section. 

  • Indemnity

The Medical Practitioner agrees to indemnify and hold the Company harmless for any losses or expenses incurred due to the Practitioner’s negligence or careless conduct. 

  • Disputes

In the event of any dispute arising out of or relating to this Agreement, the affected party shall notify the other party, and the parties shall attempt in good faith to resolve the matter within 10 days after the date of such notice through mediation. Any disputes not resolved by good faith shall be referred to the jurisdiction of Palm Beach Florida Courts. No class actions might be brought against the Company.

  • Severability

No waiver of any provision of this Agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

  • Entire Agreement

This Agreement represents the entire agreement between the parties and the provisions of this Agreement shall supersede all prior oral and written commitments, contracts and understanding with respect to the subject matter of this Agreement. This Agreement may be amended only by mutual written agreement of the party.

  • Governing Law and Principles of Construction

This Agreement shall be governed and construed in accordance with United States law. If any provision in this Agreement is declared illegal or unenforceable, the provision will become void, leaving the remainder of this Agreement in full force and effect.

By completing the registration process thus creating an account, the user hereby acknowledges and agrees to all the terms and conditions of use set forth.

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