What are the Terms of Service for Clinicians?

Below are the terms of service (Referral Agreement).  These terms are subject to change as our service progresses.  All changes will be communicated and available for review.

This Referral Agreement (“Agreement”) is between Dizzy Care Network LLC (the “Company”), located at [Company Address], and [Clinician First Name Last Name], an individual with a business located at [Clinic Address, City, State, ZIP] (the “Clinician”).

The Agreement begins today: [Current Date].

The Company provides an online platform (“Platform”) that helps people with dizziness and related symptoms connect with clinicians. The Company does not provide medical care and does not act as a medical provider. Instead, the Company helps connect patients to qualified clinicians.

From time to time, the Company may refer potential patients (“Care-seekers”) to Clinician. Clinician may accept these referrals at their discretion. The Company does not guarantee any minimum number of referrals or compensation.

This Agreement explains the terms for Clinician’s participation on the Platform. By registering, Clinician agrees to these terms.

SECTION 1. CLINICIAN RESPONSIBILITIES

1. The Company may refer Care-seekers to Clinician for dizziness-related services, provided the Clinician is properly licensed and practicing within the laws of their state and profession. Participation in Dizzy Care Network is open to any qualified clinician who meets professional and licensing requirements. No eligible clinician is excluded.

2. By registering and using the Platform, Clinician confirms they have read and accept this Agreement. If Clinician does not agree, they should not use the Platform.

3. Clinician understands that professional standards and regulations may apply, and agrees to follow all applicable laws and professional guidelines.

4. Clinician is responsible for all expenses related to their own practice, including taxes, licensing, insurance, training, equipment, and supplies.

5. Clinician controls their own hours and schedule.

6. Clinician represents that they are a licensed healthcare professional authorized to practice in their state or country.

7. Clinician agrees to keep their profile accurate and up to date, including license, areas of expertise, and contact information.

8. Clinician agrees to maintain professional standards, including compliance with HIPAA and other privacy laws for patient information.

SECTION 2. PATIENT ENGAGEMENT AND PAYMENT

1. Clinician understands that the Platform offers both free features and optional paid features or services. Clinician may use the free features of the Platform without purchasing a paid plan or service. Any fees, pricing, and additional terms applicable to paid features will be disclosed before Clinician purchases or enrolls in those features. Clinician may choose whether to use any paid features. 

2. The Company may add, modify, or discontinue free or paid features from time to time in accordance with this Agreement.

3. Clinician understands they are not an employee of the Company and are not eligible for employee benefits or workers’ compensation coverage.

4. Clinician acknowledges and agrees that the Company will disclose to patients, as required by law: 

   1. How clinicians are selected for participation,

   2. whether clinicians pay a participation fee,

   3. How individual clinicians are chosen for patients,

   4. The nature of the Company’s relationship with participating clinicians, and

   5. Any restrictions on clinician participation.

5. The Company will maintain written or electronic records of these disclosures, acknowledged by either the patient or a Company representative, as required by law.

SECTION 3. ENDING THE AGREEMENT

This Agreement will end automatically if:

• Clinician passes away,

• Both parties agree in writing to end it, or

• The Company stops offering referral services.

The Company may also end this Agreement immediately if:

• Clinician loses their license,

• Clinician is convicted of a felony,

• Clinician violates the confidentiality or restrictions in this Agreement,

• Clinician is legally prevented from practicing,

• Clinician does not maintain required insurance,

• Clinician misrepresents their qualifications, 

• Clinician fails to meet participation requirements, 

• Clinician violates Company participation rules,

• Clinician provides care below reasonable professional standards, or

• Clinician acts in a way that harms the Company’s reputation.

Either party may end this Agreement for any reason by giving 10 days’ written notice.

SECTION 4. CONDITIONS

1. Clinician will provide their own facilities, staff, equipment, and supplies needed to care for Care-seekers.

2. Clinician will comply with HIPAA and other privacy laws.

3. Clinician agrees that patient health information obtained through the Platform will be used solely for the purpose of providing clinical care. 

4. Clinician will not use or disclose patient health information for marketing, research, or any other non-care purpose without the patient’s explicit, written consent.

5. Clinician is an independent contractor. This means:

   • Clinician is not an employee of the Company.

   • Clinician is responsible for their own taxes, insurance, and benefits.

   • The Company does not control Clinician’s methods of providing care, only that care meets professional standards.

   • Clinician will not represent themselves as an employee or agent of the Company.

6. The Company is not responsible for the care provided by Clinician or for claims related to the clinician-patient relationship.

7. Clinician will protect and hold the Company harmless from any claims or costs resulting from Clinician’s actions, including tax issues or disputes about employment status.

8. The Company’s liability to Clinician will never exceed the total fees Clinician has paid under this Agreement.

SECTION 5. INSURANCE

1. Clinician must maintain professional liability (malpractice) insurance of at least $1,000,000 per occurrence and $3,000,000 per year.

2. Clinician will provide proof of insurance each year and notify the Company if coverage is canceled.

3. If the insurance is “claims-made,” Clinician must secure “tail coverage” after leaving the Platform.

4. Clinician will hold the Company harmless from any claims if they fail to maintain this coverage.

SECTION 6. MEETINGS AND CONTINUING EDUCATION

1. Clinician is responsible for completing any continuing education required by their state license, at their own expense.

SECTION 7. USE OF COMPANY NAME

1. Clinician understands that the Company may share information with Clinician to help support patient care.

2. Clinician agrees not to use the Company’s name without permission, including in advertising, directories, announcements, or online listings.

3. If Clinician violates this section, the Company may seek legal remedies, including an injunction (court order) to stop further use.

4. If the Company assigns its rights under this Agreement to another business, this section will still apply.

SECTION 8. CONFIDENTIALITY AND PROFESSIONAL CONDUCT

1. Both the Company and Clinician agree not to make knowingly false or malicious statements about each other.

2. Clinician will keep Company information confidential, including trade secrets, patient lists, vendor lists, financial details, or other information not made public.

SECTION 9. GENERAL TERMS

1. A waiver of one breach does not mean future breaches are waived.

2. Notices will be effective if delivered by hand or overnight mail to the addresses on file.

3. The Company may assign this Agreement to another business without Clinician’s consent.

4. This Agreement is governed by Pennsylvania law. Any disputes will be handled in the courts of Delaware County, Pennsylvania. Both parties waive the right to a jury trial.

5. If any part of this Agreement is found invalid or unenforceable, the rest remains in effect.

6. This Agreement is the entire understanding between the parties. Changes must be in writing and signed by both parties.