Congratulations on your decision to join The Practice Starters® Program! You've just made your first step towards opening and establishing a successful new practice.
Please take a moment to read The Practice Starters®
Program Terms and Conditions as you will be prompted at check out to confirm that you have done so.
The Practice Starters® Program Terms And Conditions
THIS AGREEMENT is made by and between FERNANDEZ DISCIPLINE, LLC d/b/a DrFernandez.com (herein “We” and “Us”) with its principal place of business at 10733 57th Avenue North, Seminole, Florida, 33772 and Dr.(individual will enter his or her own name in the Check Out page), (herein “DOCTOR”). The parties shall be bound to these terms and conditions.
1. PROGRAM. We shall provide to DOCTOR The Practice Starters® Program, a unique system for doctors desiring information on starting a new chiropractic practice (“The Practice Starters® Program”, herein called the Program). DOCTOR desires to have access to the Program for use of all or part of it in DOCTOR’S discretion.
2. TERM. The Term of this Agreement shall begin upon DOCTOR’s first payment to Us and continue until DOCTOR has received the ten Program phases or six months after the doctor has opened his or her practice or for 24 months, whichever happens first. Immediately upon our receipt of the first payment, DOCTOR shall have access to begin the Program.
3. OUR OBLIGATIONS. We will reveal the Program to DOCTOR over the internet through ten phases. Chiropractic students will have full access to Phase 1 until they have graduated from chiropractic college. Upon graduation and completion of Phase 1 they may continue to Phase 2 of the program. DOCTOR and DOCTOR's chiropractic assistants, staff (excluding associates), and spouse may also utilize the Program materials and attend DrFernandez.com weekend seminars FREE OF SEMINAR REGISTRATIONCHARGES for the TERM of DOCTOR's Agreement as defined in Paragraph 2. The Program also offers additional Optional Expert Services (“Optional Services”), such as telephonic consultations and practice site analyses for additional charges. For a complete list of these services click “Summary of Services” in the column to the left under the “Optional Expert Services” tab. DOCTOR is under no obligation to use these Optional Services.
4. DOCTOR OBLIGATIONS. (a) DOCTOR shall ensure that DOCTOR and any agents of DOCTOR (including without limitation printers, newspapers, directories and other duplicators) shall use all appropriate copyright notices.
(b) Program Fee. DOCTOR shall pay $2475.00 for the Program. Initial payment of $99 and commencing
30 days after that, a $99 charge to your charge card on or about the
same day each calendar month until the balance is paid in full. If DOCTOR fails to pay as selected, We shall suspend all services under this Agreement until DOCTOR’s account is brought current. In the event of suspension, We shall not refund any payments made by DOCTOR. When DOCTOR's account is brought current, PROGRAM services will resume where the DOCTOR left off. ie: If DOCTOR was working in Phase 4 of the PROGRAM when services were suspended, services will resume in Phase 4 of the PROGRAM. Program services will resume at the PROGRAM's price structure in effect at the time the DOCTOR's account is brought current.
(c) Indemnity. As some states do not permit the use of certain procedures, business practices, or advertising which may be a part of the subject matter of the Program, DOCTOR SHALL BE SOLELY RESPONSIBLE FOR CONFIRMING THAT EACH PORTION OF THE PRACTICE STARTERS® PROGRAM COMPLIES WITH THE LAWS AND ETHICAL CONSIDERATIONS OF ANY STATE IN WHICH DOCTOR PRACTICES. DOCTOR shall hold the Program and Fernandez Discipline, LLC harmless from all actions resulting from violation of any law and indemnify it for any damages including its attorney fees and costs, incurred as a result of use of any portion of the Program that is not in compliance with any portion of the DOCTOR’S state and/or federal law or any other act by DOCTOR, including any failure to ensure the use of copyrights under Paragraph Four (4) section (a).
(d) Acknowledgement of Disclaimer. DOCTOR acknowledges that his/her success will, in major part, be due to DOCTOR's willingness to correctly apply the Program as presented online. NO REPRESENTATION IS MADE BY THE PRACTICE STARTERS® PROGRAM OR FERNANDEZ DISCIPLINE LLC IN THIS AGREEMENT OR OTHERWISE THAT DOCTOR'S INCOME WILL REACH ANY SPECIFIC AMOUNT. Any representation to the contrary is not binding on Us. DOCTOR expressly agrees that only representations contained in this agreement shall bind Us.
(e) Publicity. DOCTOR authorizes Us and The Program in perpetuity to use, as it chooses, DOCTOR's name, photograph, correspondence, and practice statistics in live presentations, film, or print in any publications or advertisements. DOCTOR is prohibited from using the service mark, trademark, logo type or other commercial symbol of DrFernandez.com and The Practice Starters® Program.
5. CONFIDENTIALITY. DOCTOR shall not share or divulge, directly or indirectly, any portion of the Program to any person or entity, except as necessary for DOCTOR's own use in practice. DOCTOR shall advise those necessary others of the confidential nature of the Program and take all necessary precautions to insure the trade secret status of the Program. DOCTOR agrees to pay Us for any such breach in the sum of $2475.00, as liquidated damages and not as a penalty for each party to whom DOCTOR, his or her spouse, staff, or other person receiving information about the Program from DOCTOR discloses any portion of the Program, as well for each party thereafter to whom any portion of the Program is disclosed as a result of DOCTOR's breach of this provision. For example, if DOCTOR reveals any portion of the Program to a person who in turn reveals such portion to 3 other people, DOCTOR shall owe: ($2475.00) + (($2475.00 x 3 other people) ($7425) = $9,900.00. This provision shall survive this Agreement. 6. GENERAL PROVISIONS. Recognizing that substantially all of the performance under this Agreement occurs in Pinellas County, Florida, exclusive venue and jurisdiction of any court action involving this Agreement shall lie with the appropriate federal or Florida state court serving Pinellas County, Florida. The Agreement’s validity and interpretation is governed by Florida law or the federal law of the Middle District of Florida, as appropriate. If either party retains counsel to pursue or defend any claim related to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements. In the event any paragraph herein or substance hereof is ruled ineffective or contrary to law, said ruling shall not invalidate the remaining text of this Agreement. DOCTOR shall not be entitled to assign this Agreement to any other party.
DOCTOR hereby personally checks the ‘I have read and agree with the above terms and conditions’ box within the Checkout Page, and will enter his or her own individual name with the intent and agreement to be bound to the terms above. This agreement binds the DOCTOR Individually and as Authorized Agent for all present and future professional entities (corporations, etc) through which DOCTOR tenders or renders professional services.
|