This Agreement is made on date of payment by and between Kelci Hunter, FNP in her capacity of employee and authorized clinical educator for Vida Bella Med Spa, (hereafter referred to as “Trainer”), and provider/payee, located at 17235 N. 75th Ave., Suite C-125 Glendale, AZ 85308 (Address of training site).
Services: Trainer agrees to provide training to Provider on the date pursuant to this agreement.
Confidentiality: Both Trainer and Provider agree that patient information that is used during this training shall be treated as confidential by both parties. Both parties agree they will not collect, copy, store, process, maintain, disclose, share, distribute or transfer any patient information to any third party.
Indemnification and Hold Harmless: Trainer agrees that provider remains fully responsible for the care and treatment of his/her patients, and that Trainer is acting solely to provide educational training for the approved intended uses of the products and services. To the extent that Trainer is requested by provider to inject any patients and/or Provider, or otherwise demonstrate specific product use, Provider agrees to hold Trainer harmless from any claim, cause of action, demand or suite brought by any patient of Provider with respect to the treatment for which the Trainer is training/administering to Provider, and to indemnify Trainer from all claims, causes of action, demands or suit alleging damages of whatever nature or type.
Trainee Supervision: Provider represents that he/she has a current medical license in the state where the services are to take place, and that he/she is not subject to any disciplinary or probationary conditions that prohibit injectable administration. Provider shall comply with all applicable laws, rules and regulations concerning injectable administration.
Patient Consent: Provider certifies that he/she has properly consented his/her patients on the procedure and products and informed them that they will be treated as part of a training session. Provider certifies that he/she has fully informed his/her patients of all the Adverse Events listed in the Instructions for Use (IFU) and/or the Full Prescribing Information (FPI) for product(s) to be used and has obtained written confirmation signed by his/her patients that they were fully informed and understand the risks associated with the procedure and products. In cases where the trainer’s own clients are used, the trainer agrees her own staff will ensure proper consents are obtained.
Photo Consent: All photos and videos obtained during the training are considered property of both the trainer and the provider. As such, they can be used by both parties for digital advertising purposes.
Insurance: Trainer maintains a professional liability insurance policy and agrees that such policy shall include limits at least equal to $1,000,000 per occurrence and in the aggregate where applicable. Provider agrees that he/she shall carry and maintain insurance in force at all times relevant to this Agreement with reputable insurance companies reasonably acceptable to Trainer in amounts/types reasonably sufficient to protect against liability under all activities covered by this Agreement. Upon request, each party will furnish the other party with a certificate of insurance in support of the required coverage. Provider also understands that in the case of any injury that may occur during a training, they must use their own insurance for any injury that has occurred and will not be covered by the trainer’s insurance.
Governing Law: It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the state in which the training takes place.
Entire Agreement: This Agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date at the top of this agreement shall not be binding on either party except to the extent incorporated in this agreement.
Modification of Agreement: Any modification of this Agreement or additional obligation assumed by a party in connection with the Agreement shall be binding only if evidenced in writing signed by an authorized representative of each party.
Notices: Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficient when sent by certified mail, return receipt requested, to the address of the other party as set forth at the beginning of this Agreement.
Assignment of Rights: The rights of the parties under this Agreement are personal to each party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express and written consent of the other parties.
Compensation: Provider agrees to the rate of $333/hour for 12 hours, based on the projected time of the training. No refunds are provided for trainings that end early or for inability to complete training due to illness, emergency, or other unforeseen circumstances. Payment is due to secure training date.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year this Agreement first above written.
