Agreement made effective on this day: ______________, by and between (hereinafter “Client”), whose contact information is , , , ] & Lisa Voorhees, PLLC (hereinafter “Doctor”), whose contact information is ______________.
Perform and provide diagnostic, therapeutic, public consultation and limited surgical services on behalf of Client subject to the terms and conditions herein specified. Doctor retains sole and absolute discretion and judgment in the manner, method and means of performing Doctor’s duties under this agreement. This shall include, but not be limited to, Doctor’s right to prescribe, treat, and diagnose in accordance with Doctor’s professional judgment. Client shall not have any right to control or determine the means or methods used by Doctor. Scheduled appointments and surgeries will be covered within the duties to be performed by Doctor as well as emergencies or nonscheduled procedures that may arise, with acceptance and timing of such duties to be at discretion of Doctor.
Doctor acknowledges that the nature of her services to be rendered necessitates that these services be performed on the premises of the Client. Doctor may, at her own discretion, provide and utilize any implements or supplies necessary to render services in keeping with the standards of the professional community or she may lease same from Client.
Doctor shall provide these services on the dates and times reserved by agreement of both parties. Client and Doctor may cancel any reserved project day; any cancellation, made by either party, less than seven (7) days before a project date, may incur as sole remedy for the other party, a cancellation fee of $200 for each reserved project day canceled.
The Client understands that the Doctor will be paid in full the fees presented in an invoice on behalf of the Doctor at the end of each project or once monthly, due no later than 14 days from the invoice date or as agreed, and guaranteed by the Client to wit: an hour for project days that occur Monday through Saturday with a minimum of 7 hours on weekdays and 4 hours on weekends. A travel fee may be be assessed for each project day as agreed by both parties when project day is reserved.
Doctor certifies that she is a duly licensed doctor of veterinary medicine and shall conduct her business in a manner compliant with the laws and professional standards set forth by the North Carolina Veterinary Medical Board, the American Veterinary Medical Association and in accordance with the values and ethics of the veterinary profession. Client agrees that it will in no way interfere with Doctor’s professional and ethical obligations. Doctor certifies she will maintain, in full force, liability insurance with license defense and furnish proof thereof. Client’s liability insurance shall be primary coverage for any liability or losses relating to the services provided under this agreement. Any and all professional insurance maintained by Doctor shall be secondary to liability coverage maintained by Client.
Doctor is providing relief services from time to time on an interim basis and therefore cannot be responsible for the various risks that may arise during the course of treatment for any particular animal. Doctor’s liability shall be limited to that portion of any injury or loss directly caused by the affirmative action of Doctor. Doctor’s liability for omissions shall be limited to those omissions that occur after Doctor had actual knowledge of facts and circumstances requiring Doctor to act in a different manner under the applicable standard of care, and shall further be limited to the harm or loss directly caused by such omission(s). Client shall accept all other risks and liabilities associated with Client’s practice and shall indemnify Doctor for any losses, including attorney’s fees and costs of defense, incurred by Doctor in the event a suit of claim is made against Doctor. Expenses, Subcontractors, or Assistants Doctor is responsible for business expenses such as travel, meals, uniforms, legal and accounting fees, etc. incurred to render and perform these services. Doctor reserves the right, at her expense, to subcontract for, or employ assistants as she deems necessary to perform the services described herein. Doctor assumes full and sole responsibility for payment of all compensation and expenses to her employees, subcontractors, or assistants and agrees to furnish all necessary legally required insurance for such person(s).
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of North Carolina. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in North Carolina, as applicable, for any matter arising out of or relating to this Agreement. Any legal action regarding the enforcement of this agreement shall be brough in Moore County, North Carolina.
Doctor agrees that she is completely independent from Client and is not an employee of Client. As an independent contractor, she has all the rights and privileges of being self-employed and in business for herself, and none of the rights and privileges of being an employee. Doctor is responsible to declare and pay all federal, state and local taxes, dues, licenses and insurance as may be required by law. Doctor acknowledges that she does not work exclusively for this Client. Likewise she is not eligible for workers compensation, state disability or unemployment benefits.
This contract contains the complete agreement concerning the services to be performed by the contractor for Client and supersedes all prior agreements or understandings, written or unwritten. By signing this contract, both parties acknowledge that they have read this contract, understood its terms, including the release, have had an opportunity to have legal counsel review this agreement, and have voluntarily accepted its provisions.
All covenants contained herein are severable, and in the event of any being held invalid by any competent court, this contract shall remain intact except for the omission of the invalid covenant.
Client: __________________________ Date: ______________
Doctor: __________________________ Date: ______________