PRACTITIONER TERMS AND CONDITIONS
CONTRACT AND CONSENT FOR REFERRAL BIOENERGETIC LAB ASSESSMENTS
This agreement is legally binding and by signing this electronically you are entering into this agreement for BIOENERGETIC LAB SERVICES and you are confirming you have read this agreement in full and agree to be bound by the terms and conditions herein. This Agreement (this “Agreement”) is between “You” ( healthcare professional) and BioEnergetic Analysis Resources, LLC (“BAR, LLC”) and is effective as of the date which you sign and submit electronically. This Agreement allows You to purchase and order BioEnergetic Lab services and assessments from BAR, LLC.
I am entering into a referral relationship with BioEnergetic Analysis Resources, LLC for BioEnergetic Assessments for my clients and office listed above. I understand BioEnergetic Assessments fall under Complimentary and Alternative Healthcare and are considered experimental. BioEnergetic Assessments do not replace the advice of a licensed physician for my clients and will not represent that any information gleaned from them does. I understand that a BioEnergetic Assessment is not a medical diagnosis, and I will communicate that clearly to any clients I refer for assessments as well. BioEnergetic Assessments are energetic resonances.
Because training is needed in the interpretation of BioEnergetic Assessments I agree not to release just the numbers alone of the BioEnergetic Assessment, but to share only with my client the recommendations based on the client follow-up sheet sent to me. I understand some assessments may not come with specific remedy recommendations and it may be up to me as the practitioner to decide on a natural remedy plan for and with my client. If recommendations are given, the practitioner may deviate from the recommendations of the BioEnergetic assessment based on their own knowledge, education, experience, and/or other assessments or labs obtained for the client. Practitioner assumes all liability for what info is passed on to the client. If practitioner has questions about the assessment a call should be placed to BAR, LLC to gain further understanding. There may be at times an additional consultation fee.
I understand BioEnergetic Analysis Resources, LLC and any or all of their employees or independent contractors are not entering into any type of working practitioner/client relationship with any clients the practitioner refers for assessment and that the practitioner and office named above will retain all clients and client relationships
- Compliance with Agreement and Guidelines. You must comply with this Agreement and any written guidelines BAR, LLC may provide to You from time to time
- Eligibility. To be eligible to participate in a working relationship with BAR, LLC You must hold a Healthcare Professional designation of some sort in the Health and Wellness industry or Complimentary and Alternative Health Industry and be in good standing in the state in which You are operating. In order to participate in the Program You must complete the application provided on the BAR, LLC website. You will be notified if Your application has been accepted or rejected. BAR, LLC reserves the right to reject any application in its sole discretion. If BAR, LLC does not approve Your application, You may reapply at any time. By submitting an application to participate in a working relationship with BAR, LLC , You represent, warrant, covenant and agree that: (i) all information that You provide to BAR, LLC in connection with Your application and/or in connection with Your participation in the Program is true, complete and accurate; (ii) You have all necessary rights and authority to enter into this Agreement and perform Your obligations hereunder; (iii) this Agreement will constitute a legal, binding and enforceable agreement against You in accordance with the terms and conditions herein; and (iv) Your execution and performance hereunder will not conflict with or result in a breach or violation of any other agreement, arrangement or understanding to which You are bound. BAR, LLC may end or change the Program at any time in its sole discretion. You must submit all of the documentation requested by BAR, LLC in order for us to determine Your eligibility.
- On-Line Platform & Utilization. BAR, LLC will provide You a private shared folder account and access to a customized BAR, LLC customer website. As part of the Program You must have a computer or electronic device that can access Your shared files with BAR, LLC as You engage with Your clients throughout the process. The use of the BAR, LLC shared file system is required at the time of service and for all Program services. The online access includes the following functions: To guide and assist in the selection of energetic lab screenings To record & verify accurate client demographic data required by the testing labs; To review services and obtain client (electronic or written) consent prior to processing any service; To record & verify credit card information as payment for service and to ensure that authorization has been processed. We do not store any credit card information on file.
- Independent Business. You will be operating Your own business as an independent owner and operater licensed in your own state subject to laws of that state and , subject to this Agreement, and You are responsible for all aspects of Your business, including but not limited to: The profit or loss of Your business; Appropriate Tax Paperwork, filing, and claiming/recording income received from ordering services from BAR, LLC Determining fees you will charge for services you select to provide via BAR, LLC and when and where to provide Your services; BAR, LLC will provide a wholesale price list to you for our services and recommended retail charges, but we do not set the final sales price for services you offer on services ordered through BAR, LLC Determining what order or sequence to use in providing Your services; Identifying Your target markets and creating Your strategies to reach them; Administering Your additional healthcare services; Ensuring You have proper authority to utilize the sites and venues at which You operate Your business; Completing all required client consents, confirmations of authorized payment online and receipts, test selection and payment collection from your client.
7. Healthcare Services Administration. You are responsible for all aspects of administering Your healthcare services; provided, however, that You administer them pursuant to the Guidelines, including the completion of client consent forms and other required documents, and the processing of payments online and receipt of payment authorization to yourself for the retail price you determine for your independently owned office. You are responsible to ensure the client has properly consented to the bioenergetic lab services and that the client is informed of the nature of BioEnergetic services and Energy work/medicine in general and that Energy medicine falls under the umbrella of Complemenatary and Alternative Health and not traditional medicine and that a BioEnergetic Lab is not a medical diagnosis nor substation for licensed medical advice , that a proper health record is created and maintained, and that BAR, LLC has obtained payment for the lab test. Assessments ordered will not be completed until payment is received via the website. You are responsible for providing, or arranging for, the saliva sample collection, and delivery to BAR, LLC if you choose to implement that protocol as well as any additional tools and equipment necessary to administer all Your healthcare services. You must enter all of the required information into the online portal provided by BAR, LLC with each and every client at the time of service
8. Pricing. Pricing for all BAR, LLC services is set by BAR, LLC and may change without notice based upon testing lab processing costs and market conditions. The price at the time of service is reflected during the ordering process. Pricing on bioenergetic lab services is set as a WHOLESALE price and each office is allowed to set their own retail markup to be determined by their own client base and market area. These mark-ups ARE your profit and you/your office will not be compensated in any way at any time financially by BAR, LLC
9. Expenses. You are responsible for paying all expenses You incur related to the operation of Your healthcare services business including but not limited to: Advertising, Space rental, Tables and chairs, Travel, meals, hotels, Printing any materials (including those provided by BAR, LLC), shipping including but not limited to the saliva swab collected to BAR LLC, supplies needed including but not limited to purchase of supplies such as swab, Utilities and telephone bills; Office supplies
10. Compensation. As previously mentioned elsewhere in this agreement you are not compensated by BAR, LLC in any way. Your profit is on the markup you set through your own office on services you order from BAR, LLC. You are solely obligated for paying those taxes. Your participation in the Program does not entitle You to participate in any BAR, LLC employee health benefit plan, earn paid vacation time or paid time off, participate in any BAR, LLC 401(k) plan, or otherwise participate in any benefits offered by BAR, LLC. You acknowledge that BAR, LLC has not made any representations regarding Your potential total compensation under the Program and that Your compensation will depend entirely on Your individual performance based on the healthcare services You provide.
11. Professional Conduct. You must at all times act and conduct Yourself in a professional manner and comply with all of the ethical and legal obligations of Your position. You must use appropriate judgment when administering Your healthcare services to clients and only administer those services that are appropriate and in accordance with needs for each client. You agree BioEnergetic Assessments are NOT medical diagnosis and that the technicians conducting BioEnergetic Assessments nor the owner of BAR, LLC are licensed medical professionals but are merely trained professionals in the field of BioEnergetic technology and assessment. If your client is in need of medical care or attention you agree to refer them to their licensed medical provider immediately. Recommendations found to be beneficial on bioenergtic assessments are not prescriptions are not to be taken or given or implied to be as such
12 Termination. Either party may terminate this Agreement, with or without reason, at any time by providing thirty (30) days’ notice to the other party. BAR, LLC may terminate this Agreement immediately if BAR, LLC determines, in its sole discretion, that: a. You have violated any of the terms of any section of this Agreement or otherwise engaged in any conduct that is unprofessional, dangerous to client health or reflects poorly on BAR, LLC; You have violated any federal, state or local law pertaining to Your business, or Your participation in the healthcare industry. BAR, LLC may discontinue the Program at any time for any or no reason.
13. Representations and Warranties. You represent and warrant that: a) you are in good standing professionally in your state b) You are in compliance with applicable federal and state laws applicable to the services You are providing; and c) You have not been charged with, convicted of or pled guilty or no contest to state or federal charges that are classified under law as a felony. You must notify BAR, LLC immediately if any of these representations and warranties change at any time during the term of this Agreement.
14. Insurance and Bonding. BAR, LLC reserves the right to and may require You to obtain a surety bond or insurance coverage, in form and limits acceptable to BAR, LLC. BAR, LLC may obtain a surety bond or insurance coverage for participants in the Program, and You may be required to pay the costs and premiums attributed to Your participation. Upon request by BAR, LLC , You will complete a bond or insurance application and either: a. Consent to BAR, LLC obtaining a bond or insurance coverage related to Your services and supplies that are the subject of this Agreement; or b. Obtain a bond or insurance coverage acceptable to BAR, LLC in its sole judgment. In the event BAR, LLC requires You to participate in a bonding or insurance plan, You will receive advance notice of the requirements. BAR, LLC requires that each applicant carries appropriate insurance for personal libability and malpractice and their own equipment and rental insurance according to their own professional needs. You, (the applicant) and / or your office, employees, contractors, members or anyone else associated with your office are not covered under BAR, LLC insurance policies and BAR, LLC only insures its own company and work. Our independent contractors are also each individually insured.
15. Assignment. This Agreement is personal to You. You may not assign or transfer this Agreement, or any portion of it, to any other individual or entity at any time for any purpose. BAR, LLC is engaging You/your office personally and any attempted assignment by You shall be null and void and of no effect. BAR, LLC may assign this Agreement to any successor in connection with an acquisition, merger, sale, or similar activity.
16. Non-Exclusive Agreement; No Exclusive Territory. Non-Compete.This is a non-exclusive agreement. Unless otherwise specifically provided in this Agreement, You may provide services to third parties. BAR, LLC may contract or hire other personnel to perform the same or similar services. You furthermore agree not to attempt to compete or recruit anyone under current or past employment with BAR, LLC to do any side or under the table work on bioenergetic assessments. If in the future you decide to purchase a BioEnergetic device of any kind you agree to refrain from soliciting remote work for clients that are not within a 2 hour driving radius from your personal home or office as it is direct competition with BAR, LLC services based on nationwide/worldwide remote energetic assessment lab concept seeking solely remote work. If after purchasing a bioenergetic device you do wish to solicit and conduct remote work you agree to work all remote sessions through BAR, LLC as an independent contractor per their independent contractor agreement and training.
17. Fees: The first 15 min of any report is included free. If I need additional one on one case collaboration the fee is $40 per 15 min. BAR, LLC reserves the right to create and establish new programs for possible mentorship opportunities as the need arises. Fees may occur and I will be notified ahead of time and given the option to join.
18. Trademarks. All logos, tag lines, copyrights, trademarks, service marks, trade dress elements, educational parts, samples, specific menus, policies and procedures, and other intellectual property (collectively “Intellectual Property”) used in the Program, whether or not appearing in large print or with or without the trademark symbol, are owned or licensed by BAR, LLC . Subject to the terms of this Agreement, BAR, LLC hereby gives You limited permission to use the BAR, LLC name, logos, tag lines, service marks and trademarks solely in the promotion of Your marketing efforts of BAR, LLC and on a temporary, non-exclusive basis. You must only use approved templates available through or approved by BAR, LLC , and Your use must be in accordance with the Guidelines. This permission will continue for so long as You remain in good standing with BAR, LLC participating in the Program, and shall terminate automatically, without any further action by any party, upon the termination of this Agreement or the Program. Nothing in this Agreement may be deemed to grant, create, transfer, license or convey any right, title, interest or license in or to the BAR, LLC name or Intellectual Property except as specifically described in this Agreement.
19. Advertising of Your Healthcare Services. When advertising or promoting Your healthcare services under the Program: a. You must always clearly and prominently identify Yourself by Your own name/office name. b. You may only use advertising or promotional materials and signage approved by BAR, LLC when using or referring to BAR, LLC ; c. Except as stated above, You may not copy or reproduce printed images, graphics, brochures, promotional materials, literature or other Intellectual Property of any kind or from BAR, LLC website or materials; d. You must make only truthful and accurate statements regarding bioenergetic lab tests and Your services; and e. You may not send any “spam” or other unsolicited e-mail or faxes related to BAR, LLC to any person without their prior consent or otherwise in violation of any law, rule or regulation.
20. Notices. Any notice given to BAR, LLC relative to this Agreement shall be in writing and shall be served either by personal delivery, by certified mail return receipt requested, or by an overnight delivery service that provides confirmation of receipt. Notices to You will either be served: (i) by delivery or mail as outlined in the preceding sentence, addressed to the address that You have provided; (ii) through email or other electronic means at an address that You have provided; Notices to BAR, LLC shall be sent to BAR, LLC 413 E Benham Glendive, Montana 59330. Any change of address in the future if needed will be updated on the BAR, LLC website.
21. General Provisions. a. This Agreement (including the Guidelines) constitutes the entire agreement between You and BAR, LLC regarding the Program. BAR, LLC may amend the Program, this Agreement or the Guidelines at any time by providing written notice of such amendment at least fifteen (15) days prior to the effective date of such amendment. Your continued performance under this Agreement following the effective date of any such amendment constitutes Your affirmative agreement to the terms of such amendment. Your sole remedy in the event that You reject an amendment is to terminate this Agreement and no longer provide services hereunder. This Agreement will not be deemed to be changed, modified or altered by reason of any comments, suggestions, directions or guidance offered to the Company. b. This Agreement shall be governed by and interpreted according to the laws of the State of Montana without regard to any conflicts of law provisions. Any action, suit or proceeding You bring related to this Agreement or Your relationship with BAR, LLC must be brought in a court of competent jurisdiction in Dawson County, Montana , and You waive any right to bring the action in any other venue. YOU HEREBY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE WITH BAR, LLC OR ITS AFFILIATES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, RELATED OR INCIDENTAL TO THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY AND/OR THE RELATIONSHIPS ESTABLISHED AMONG THE PARTIES HEREUNDER. c. IN NO EVENT WILL BAR, LLC BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, EVEN IF BAR, LLC OR ITS PERSONNEL KNEW OF THE POSSIBILITY OF SUCH DAMAGES. BAR, LLC DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. d. You must comply with all applicable laws, rules, statutes, ordinances and orders governing Your performance under this Agreement. e. YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS BAR, LLC , AND ITS AFFILIATED ENTITIES, AND EACH OF THEIR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, ACTIONS, JUDGMENTS, COURT COSTS AND LEGAL OR OTHER EXPENSES, LIMITATION REASONABLE ATTORNEYS’ FEES AND EXPENSES) OF EVERY KIND AND CHARACTER ARISING DIRECTLY OR INDIRECTLY OR ALLEGEDLY ARISING FROM, RELATED TO OR IN CONNECTION WITH: (i) YOUR BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT; (ii) YOUR NEGLIGENT OR INTENTIONAL ACT OR OMISSION; (iii) THE OPERATION OF YOUR BUSINESS; OR (iv) YOUR PERFORMANCE UNDER THIS AGREEMENT.(v) I release now and forevermore BioEnergetic Analysis Resources, LLC, all employees, independent contracts, and/or representatives thereof from all liability including but not limited to: personal suffering, death, injury, harmful and/or unpleasant side effects etc. Except in the case of gross negligence or malpractice, I or my representative(s) agree to full release and hold harmless Angela A Dockter-Harris and BioEnergetic Analysis Resources, LLC from and against any and all claims or liability of whatsoever kind or nature arising out of or in connection with session(s) I order. f. If any provision of this Agreement or the application of any such provision to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstances other than those to which it is so determined to be invalid and unenforceable, shall not be affected thereby, and each provision hereof shall be validated and shall be enforced to the fullest extent permitted by law. g. The rights, remedies and powers of each of the parties contained in this Agreement are cumulative and not exclusive of any rights, remedies or powers provided to the parties by applicable law. No single or partial exercise by You or BAR, LLC of any right, remedy or power under this Agreement shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. h. No express or implied waiver by either party of any provision of this Agreement or of any breach or default of the other party shall constitute a continuing waiver, and no waiver by either party shall prevent such party from enforcing any and all other provisions of this Agreement or from acting upon such other provisions or upon any other or subsequent breach or default by the other party. i. This Agreement is between You and BAR, LLC only, and may not be deemed to create any right in any third party. This Agreement shall be binding upon each party’s respective successors, trustees, assigns and heirs. j. Your electronic signature or agreement to be bound under this Agreement shall be deemed to have the same effect as an original signature.
22. Student Practitioners: If you are a student NOT insured you agree to only order assessments for yourself and /or immediate family members living in the same household. You are NOT required to carry insurance but you agree to assume ALL liablity and hold harmless BioEnergetic Analysis Resources, LLC now and forevermore, energetic labs ordered through BioEnergetic Analysis Resources, LLC. You may NOT order labs for anyone outside your immeidate househould UNTIL you are properly insured and licensed by your state. You must carry liablity insurance if you are ordering energetic labs for clients outside your immediate household.
23. Practitioners agree to accept liablity for ALL products they pass on as recommendations via BAR, LLC and/or all its BioEnergetic Contractors and/or via all reports given in any format including but not limited to text, email, website, verbal, reports, and any and all other forms of communication wherein recommendations are discussed between BAR, LLC representatives and the practitioner named as the clients primary practitioner. Practitioners agree to educate themselves FULLY about any and all recommendations given/made and shall know and understand all possible risks, side effects, benefits and contraindications. Practitioners release BAR, LLC from all liablity for recommendations that come up on the scan.
24. From time to time BAR, LLC will make client referrals to Practitioners who are contracted through BAR, LLC to provide servicces to potential clients looking for a client/practitioner relationship. Practitioner agrees that all referral clients BELONG to BAR, LLC and will run all needed assessments back through the lab in a professional courtesy reciprocating relationship rather than employing other outside lab or assessment resources without prior approval of the lab. If BAR, LLC sends your office a referral you agree to make PHONE contact with the prospective client WITHIN 48 business hours and to follow it up with an email same day as well.
25. Practitioners accounts that do not use the lab for more than 180 days or more than 10 scans per quarter may have their accounts temporarily suspended and may need to request having their account reactivated. Account will still be on the books and all prior agreements in this contract shall remain in tact even if account is not active.
26. As a practitioner on this site you agree to never electronically sign consent or fill out an intake or follow up form for any client whatsoever unless it is your own minor child under the age of 18 or unless you also submit proof of appropriate power of attorney. THE ONLY EXCEPTION to this is if you want to send us follow up notes on a client who you have a HARD COPY consent signed AND CURRENTLY dated, and you agree to upload that current cosent to dropbox for each assesment ordered.
27. Scans are not to be ordered and used in or for court cases. No exceptions. These scans are not a medical diagnosis and have no legal bearing. Per our informed consent for each client bioenergetic assessments are complimentary and are considered an expiremental modality.
28. Scans take 7-10 days to get back. We must have THREE things to trigger the start of that countdown. 1) payment from you (practitioner) via the website 2) consent from client 3) biological sample if client is sending one in - if NO sample is being sent in be sure to communicate that to the lab so when 1 and 2 are completed that triggers the turn around time on your scan.
29. You/your client scan will be scheduled once items in #28 are in place. There are no rush orders unless you order and pay for a SAME DAY scan which is charged at a higher rate. Please check with the lab on same day availablity if this is urgent as we must bump someone out of line who is already on the schedule.
30. Prices are subject to change without notice.
31. We reserve the right to place your account on hold (at our discretion) until we have a current and updated terms and conditions for practitioners (this document) on file no less than once a year if we make updates to this document. However it is YOUR responsibilty to check back often to stay up to date on terms and conditions. If your account is placed on hold you you are still legally bound by any prior terms and conditions you have signed. By continued presence of an open account and/or continued use of this site in any manner once you are approved for a wholesale account, you agree to any and all changes and updates to terms of service without notice. You may request your account be deactivated but portions of terms of services will still be legally binding, especially in regards to non-competes and purchase of bioenergetic device equipment which binds you to remote work belonging to BAR, LLC in which you agree to bring under BAR, LLC indefinately.
31. Prices and our menu of services and all material contained on this website are confidential and proprietary.
32. BAR, LLC will DELETE WITHOUT NOTICE any documents of any nature found in our shared dropbox folders that do not belong in company business. We have had some issues with practitioner's personal stuff being uploaded to our folders so please be sure that you are uploading your personal content somewhere else. You also waive ALL liability for any non business related documents or pics or files that you upload to the wrong folder (ie to our business shared folders) and understand that ALL BAR, LLC contractors, owners, employees, etc may have access to your shared BAR, LLC dropbox file. While it is our policy to delete such stuff WITHOUT NOTICE, we also will not bear responsiblity for how such information is used or accessed if you upload it to the wrong folder.
33. If you as a practitioner choose to delete files BAR, LLC uploads, and wish for us to do comparison of reports with you, YOU will need to upload old reports back to the folder where you deleted the from. If you need us to reupload there will be a fee of $100 due prior to us doing that.
34. When BAR, LLC refers a client to a practitioner to work with, BAR, LLC is the proprietary contractor of that client. The client does NOT belong outright to the practitioner or office we referred to. All referral work WILL be sent back through the lab for additional needs. If you discharge a client you agree to let the BAR, LLC know so we can follow up with the client and see if they need any additional services.
35. There is a one time office set up fee of $199
36. We can add any product to our database (or product line) if we do not have it so that we may custom test for your office. There is a one time fee of $3 per item.
37. As a practitioner you understand BioEnergetic Assessments are Complementary and Alternative in nature and you agree with all prudence to NOT order a scan for someone in cases where it could be ethically inapproapriate. Examples include but are not limited to: 1) child custody cases where one parent wants a scan to prove something for or against the other parent 2) cases where a client potentially needs licensed medical care, even if their preferred predominate method of care is holistic / complementary/ alternative. There are still times it is PRUDENT to have a client see a licensed medical practitioner before being referred for a bioenergetic assessment, even if they have been receiving previous bioenergetic assessments before. 3). cases involving potential criminal activity. This is just a very small sampling of examples we have turned away for our services. Please use our services appropriately. If you as a practitioner knowingly refer in to the lab for an assessment which could be legally or ethically questionable, BAR, LLC and any/all of the contractors engaged on the case you refer in to our system will hold YOU the overseeing/ordering practitioner liable to the fullest extent of the law for making an unethical referral without our knowing should a client ever seek judgement against BAR, LLC and any owners/ agents/contractors/employees. Furthermore, such activity will get you banned from any further services whatsoever. It is YOUR responbility to refer in to us within the moral, ethical, and legal parameters of our scope of practice as well as your own. If you are unsure of a potential case please contact our home office and Angela A Dockter (BAR, LLC owner) to seek clarification on if she will approve bioenergetic assessments. We reserve the right to decline any assessments at any time for any reason.