National Spine Management Group
3000 N. Triumph Blvd Lehi, UT 84043 - 716.228.3847 firstname.lastname@example.org
National Spine Management Group - ELITE Program Agreement
This Agreement dated below is between the National Spine Management Group, LLC. “NSMG” and the facility below (“Facility”). NSMG has agreed to serve as a consulting entity for the Facility. The Facility desires to engage NSMG, and NSMG desires to be engaged by the Facility, upon the terms and conditions set forth herein specifically for the ELITE CONSULTING PROGRAM. In consideration of the mutual covenants and agreements herein contained, “NSMG” and the Facility agree as follows:
1) Prepare relationship/educational materials and post them on NSMG’s Web site for the facility to utilize as deems necessary, 2) Provide the Facility a username and password monthly for the unlimited Internet consulting, 3) Shall be available for reasonable telephone consulting during business hours 4) Shall bill the Facility’s credit card $399 per month commencing on the date of this agreement for a period of 12 months at which point the Facility will move to a month to month Agreement unless the Facility chooses to re-engage NSMG for an additional 12 months. The Facility is solely responsible for the creation of all databases and the transmission of any materials. The Facility also understands that any transmission and distribution of said relationship/educational material is solely and completely within the Facility’s discretion, as NSMG does not transmit any materials, nor does NSMG facilitate the transmission of any materials, nor create any databases.
This agreement, upon completion of the 12 month agreement, upon 15 days written or electronic notice, with confirmation from NSMG, may be terminated for any reason by the Facility and for any reason at any time by NSMG unless the contract is renewed with a new Agreement. Once a Facility enters into the agreement and a username and password have been given to the facility by NSMG, there will be no refund of any funds as NSMG has no way of reversing the action and the Facility is bound to the confidentiality statement. The Facility also understands and agrees that the educational content sent by NSMG is the sole property of NSMG. Furthermore, the Facility shall not: Reveal, report, publish, disclose, fax or use any confidential, proprietary or information related in any way to the information, faxes, copies or any material sent to you, or revealed to you by NSMG except with NSMG’s written consent. Furthermore, NSMG shall have the right to apply to any court of competent jurisdiction for an order restraining any breach or threatened breach of this Agreement and for any other relief NSMG deems appropriate including, but not limited to injunctive relief, without the necessity of the posting of any bond or security. This right shall be in addition to any other remedy available to NSMG in law or in equity. Recipient also understands and agrees that it or any of its employees breach this agreement that Facility and the individual will be personally liable for any and all damages, including but not limited to all reasonable legal fees.
The Facility shall indemnify and hold harmless NSMG, its agents, employees and principals from any and all issues, claims and matters, disputes of any nature whatsoever arising from the terms of this agreement and/or any services or actions rendered by NSMG to the Facility. NSMG also agrees that it shall not enter into any other agreement with a competitive facility within 10 miles of the Facility during the terms of this agreement. In cities larger then 1 million in population (NY, LA, Chicago, Philadelphia, San Antonio, Phoenix, San Diego and Dallas) the restrictive covenant is 4 miles. In cities of ½ to 1 million the restrictive covenant is 4 miles (as ranked by www.infoplease.com.) It is the responsibility of the Facility to verify the restrictive covenant area as NSMG is not familiar with the demographics of all locations. Should a competitive office be enrolled inadvertently, the first location to sign up verified by fax stamp or e-mail date will be maintained in the program. The Facility will not be entitled to a refund as NSMG will terminate the other location instantly upon notification via e-mail.
The facility also understands that NSMG does not render any legal opinions and it is the responsibility of the facility to seek legal counsel regarding facility’s state and federal regulations, including but not limited to all transmitted materials and recommendations. This Agreement may not be amended, altered or supplemented except by a written agreement executed by both parties. Any litigation arising from this Agreement shall be maintained in the Supreme Court of the State of Utah in and for the County of Utah, which shall have exclusive jurisdiction.
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Document Name: Elite Agreement
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