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PHYSICIAN SERVICES AGREEMENT

PHYSICIAN SERVICES AGREEMENT

This Physician Services Agreement (hereinafter referred to as the “Agreement”) is made on [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:

[INSERT NAME OF THE PHYSICIAN], having registered office at [INSERT ADDRESS OF THE PHYSICIAN] (hereinafter referred to as the “Physician” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and 

[INSERT NAME OF THE CLIENT], having registered office at [INSERT ADDRESS OF THE CLIENT] (hereinafter referred to as the “Client” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).

The “Physician” and the “Client” together shall be referred to as “Parties” and individually as a “Party”.

WHEREAS

  1. The Client desires to engage the specialized medical services of the Physician to ensure high-quality healthcare and support.
  2. The Physician is a licensed and qualified individual with expertise and experience and agrees to provide healthcare services to the Client.
  3. The Physician and Client mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
  4. The parties are duly authorized and have the capacity to enter into this agreement.
  5. Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.

NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:

  1. DEFINITIONS
    1.  "Client" refers to the individual engaging the healthcare services of the Physician under this Agreement.
    2. "Physician" refers to the individual who is providing the desired services to the Client under this Agreement.
    3. "Services" shall mean healthcare services to be provided by the Physician to the Client, as detailed in the Scope of Services.
  2. SCOPE OF SERVICES
    1. The Physician agrees to provide [INSERT THE DESIRED SERVICE IN DETAIL].
    2. The Physician agrees to perform the medical services in a professional manner, applying their expertise and best efforts as agreed upon by the parties. Any changes or modifications to the Scope of Services must be agreed upon in writing and signed by both parties.
    3. Client acknowledges that the Scope of Services does not include any work beyond the defined services unless explicitly agreed upon in writing and subject to additional fees and terms.
  3. SERVICE AVAILAIBILITY
    1. The Physician hereby agrees to provide the comprehensive medical services on [INSERT SERVICE SESSIONS SUCH AS MONTHLY OR WEEKLY BASIS] as stipulated herein or as specified in the mutually agreed service plan between the parties.
  4. PHYSICIAN’S OBLIGATION
    1. The Physician shall diligently and professionally in good faith provide the medical services as mentioned in the scope of services.
    2. The Physician shall maintain all necessary licenses, certifications, and insurance.
    3. The Physician shall not disclose any confidential information of the client to any third-party without the prior permission of the Client.
  5. CLIENT’S OBLIGATION
    1. The Client shall provide accurate and complete medical history to the Physician in order to render the medical services as per the agreed terms and conditions of this Agreement.
    2. The Client agrees to follow Physician’s medical advice and treatment plans.
    3. The Client shall provide timely payments to the Physician as per the agreed terms and conditions.
  6. PAYMENT
    1. In consideration for the Medical Services, the Client shall pay the Physician a maximum total for all the medical services provided under this Agreement [INSERT AMOUNT PAYABLE TO CLIENT FOR SERVICES]. For any other reasonable expense of the Physician related to the services provided, the client agrees to make the payment along with the amount mentioned in this agreement.
    2. All payments made to the Client under this Agreement must be in [CURRENCY]. The payment shall be made via [INSERT MODE OF PAYMENT].
  7. TERM
    1. This agreement shall commence on the [INSERT COMMENCEMENT DATE] and continue in effect until the Physician determines, based on their professional judgment and Client’s medical condition.
  8. INDEMNIFICATION
    1. Any material breach of this Agreement, or the negligence or willful misconduct of either party, the other party shall indemnify the other party and hold the other party harmless from and against any judgment, damage, liability, or expenses, including reasonable attorney’s fees, arising out of any claim with respect to the breach or alleged breach of this agreement or such negligence or willful misconduct; provided that the other party shall have had sole control of the defense of any such action and all negotiations for its settlement or compromise; and, provided further, that no cost or expense shall be incurred for the account of the other party without its prior written consent.
  9. FORCE MAJEURE
    1. Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters (e.g., floods, earthquakes, hurricanes), war, terrorism, riots, labour strikes, governmental actions, epidemics or pandemics, power outages, or other similar events ("Force Majeure Events").The affected party shall promptly notify the other party in writing of the occurrence of a Force Majeure Event, providing reasonable details of the event, its expected duration, and the steps being taken to mitigate its impact. Failure to provide timely notice may result in the affected party forfeiting its rights under this clause. If a Force Majeure Event continues for a period exceeding [INSERT THE NUMBER OF DAYS CONSTITUTING PERIOD EXCEEDING WHICH, IF THE FORCE MAJEURE CONTINUES, EITHER PARTY MAY TERMINATE THE AGREEMENT] days, either party may terminate this Agreement upon written notice to the other party without further liability, except for obligations accrued prior to the Force Majeure Event.
  10. APPLICABLE LAW
    1. This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY/STATE OF APPLICABLE LAWS].
    2. The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner: 
      1. By direct negotiations between the Designer and Client. 
      2. If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF UNSUCCESSFUL NEGOTIATIONS] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
  11. NOTICES
    1. Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions.  In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
      1. If to the Physician: [INSERT EMAIL ID OR/AND ADDRESS OF PHYSICIAN]
      2. If to the Client: [INSERT EMAIL ID OR/AND ADDRESS OF CLIENT]
    2. Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
  12. DISPUTE RESOLUTION
    1. The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
    2. All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION] , without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator .The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. The decision of the Arbitrator shall be final and binding upon the parties.
  13. MISCELLANOUS
    1. Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
    2. Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be the English.
    3. Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
    4. Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 
    5. No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
    6. Amendments and Assignments:  Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
    7. Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
  14. DECLARATION
    1. The parties hereby understand and expressly agree to the provisions laid down in the present agreement and in good faith, undertake that both parties shall follow the terms of this agreement in good conscience in order to secure better growth of both the Parties.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.

Signed, sealed and delivered on behalf of Physician

Name: [INSERT NAME OF THE PHYSICIAN/SIGNING AUTHORITY AND DESIGNATION]

Signature:

Date: [INSERT SIGNING DATE OF PHYSICIAN]

Signed, sealed and delivered on behalf of Client

Name: [INSERT NAME OF THE CLIENT/SIGNING AUTHORITY AND DESIGNATION]

Signature: 

Date: [INSERT SIGNING DATE OF CLIENT]