Agreement of Services
Welcome, and thank you for choosing to become a partner of The Well Home. By paying your subscription fee, you agree to the following terms and conditions outlined below. This Agreement of Services governs the relationship between The Well Home (the “Consultant”) and its clinic partners (the “Client”), outlining the rights, obligations, and terms of engagement.
Effective Date
This agreement takes effect from the date the subscription fee is paid (the “Effective Date”) and remains in force until terminated as described in the Termination section.
Consultant Status
The Consultant operates as an independent contractor and not as an employee of the Client. The Consultant is solely responsible for all taxes, insurance, and statutory obligations related to their operations. The Consultant reserves the right to engage subcontractors or other support as necessary to fulfill the services specified in this agreement.
Scope of Services
The Consultant provides custom design and advisory services to clients and their referred members. This includes personalized home design and product recommendations, informed by insights provided by the Client, which may incorporate member-specific needs.
Compensation
(a) Annual Client Fee and Compensation
Annual Client Fee: Clients agree to an annual administrative fee of $828 plus applicable processing fees (subject to change), payable upfront at the start of each 12-month contractual period. This fee is automatically renewed each year, unless written notice of termination is provided at least 30 days before the renewal date.
Refunds: Refunds are not permitted unless the Consultant breaches the agreement. In such cases, a prorated refund of the administrative fee will be issued for the unused period up to the end of the contract year.
Client Compensation: For each consultation completed with a Client-referred patient member, where the Consultant collects their standard fee, an amount of $100 will be paid to the Client. The Consultant will provide the Client with periodic updates of all completed consultations. Payments are made biannually or after every 10 consultations, whichever occurs first.
(b) Follow-Up Design Projects
For follow-up design projects arising from consultations, the Consultant will allocate 5% of the net project profit to the Client (subject to change). This fee applies exclusively to project-specific services and is distinct from hourly consultation rates.
Scheduling and Payments
The Consultant will provide a dedicated scheduling platform for members to book appointments and submit necessary payments for services.
Automatic Renewal and Amendments
This agreement automatically renews annually unless terminated by either party with written notice. Amendments to this agreement require mutual consent in writing.
Medical Disclaimer
The Consultant does not offer medical advice or diagnoses. All services provided are focused on design-based recommendations to enhance living spaces and are not intended as a substitute for professional medical advice.
Release of Medical Information
Where required, the Consultant will obtain members’ consent to access or use relevant medical information to deliver services in compliance with HIPAA regulations, ensuring the privacy and rights of all members.
Liability
The liability of both the Client and the Consultant is limited to the total compensation exchanged under this agreement. Neither party is responsible for health outcomes of members or for indirect, incidental, or consequential damages that may arise from the services provided.
Indemnification
Both parties agree to indemnify and hold each other harmless from claims, damages, liabilities, or costs, including reasonable attorney’s fees, due to breaches of this agreement, acts or omissions during service delivery, or misuse of proprietary work.
Confidentiality
Both parties are committed to safeguarding any confidential information exchanged through this engagement. All parties agree to comply with applicable HIPAA regulations to protect members’ health information. No confidential information will be disclosed to third parties without prior written consent unless required by law.
Intellectual Property
All designs, concepts, and intellectual property created remain the exclusive property of their creator. Usage of these materials by the other party requires prior written consent, except for use as outlined in this agreement.
Marketing Permissions
The Consultant reserves the right to document and showcase completed work in portfolios and marketing materials, with patient member consent. Press releases about the partnership may also be issued, subject to prior approval.
Dispute Resolution
Any disputes arising under this agreement will first be resolved through negotiation. If unresolved, the matter will move to binding arbitration under the rules of the American Arbitration Association, with the venue set in Virginia.
Termination
Either party may terminate this agreement with 30 days’ written notice. Upon termination, both parties remain responsible for fulfilling outstanding obligations, including any fees for services rendered.
By proceeding to pay your subscription fee, you acknowledge and agree to these terms of service. Thank you for trusting us to provide you with exceptional services.
Changes to These Terms of Use
These terms of use are subject to change. If any updates are made, we will notify all clients. By continuing to use our website, app, services, or content after being notified of changes, you agree to the updated terms. If you do not agree, you must stop using our services immediately.
Contact Us
If you have any questions or comments about these terms or our website, app, services, or content, please contact us at:
The Well Home LLC
4013 Harris Pl.
Alexandria, VA 22304
USA
Email
+1 (202) 345-1228
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