Fill and Sign the Office Management Consultant and Marketing Agreement with Medical and Dental Practices Form

Office Management Consultant and Marketing Agreement with Medical and Dental Practices This agreement is made ________________________________________ (date) , between ________________________________________________________ (Name of Consultant), a corporation organized and existing under the laws of _______________________________________ (Name of State) , with its principal office located at __________________________________________________________ ________________________________________________________________________ _________________________________ (street address, city, county, state, zip code) , referred to herein as Consultant , and _________________________________________ ______________________________________________ (Name of Medical Practice) , a profession corporation organized and existing under the laws of ___________________________________________ (Name of State) , with its principal office located at __________________________________________________________ ________________________________________________________________________ ___________________________________ ( street address, city, county, state, zip code) , referred to herein as the Practice. Whereas, Consultant is in the business of analyzing the office management and marketing practices of medical and dental practices, devising a plan to make the office run more efficiently and the marketing to be more effective, and then implementing the plan by training the medical staff on the goals and procedures of the plan; and Whereas, the Practice desires to retain Consultant to analyze its office management and marketing as describe above and to devise a plan to make the office run more efficiently and the marketing to be more effective, and then to train the medical and dental staff accordingly; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Duration and Cancellation The initial term of this Agreement shall be for (e.g., two weeks, one month, etc.) _____________________________, beginning on the effective date of this Agreement. After the expiration of the initial term, this Agreement will continue in effect on the same terms and conditions until cancelled by either party. Cancellation shall be effected by a ______ (number) -day advance written notice to the other party of the intent to terminate the Agreement. 2. Services in General A. Consultant shall provide marketing and office management consulting services to the Practice in a manner consistent with good business practices within the medical and dental industry and in the community served by the Practice. B. Consultant agrees to analyze the effectiveness of all aspects of the management of the office including accounting, credit, collections, billing, and insurance. and other business and administrative aspects of the Practice. C. Consultant shall assist the Practice in determining if the present marketing strategies and practices are effective, and if they are not, to recommend corrective measures to the Practice for increasing the effectiveness of the marketing. 3. Consultant is Independent Contractor In entering into and complying with this Agreement, Consultant is at all times performing as an independent contractor. Nothing in this Agreement shall constitute or be construed as a creation of a partnership or joint venture between the Practice and Consultant. 3. Place of Work It is understood that Consultant's services will be rendered both at Practice’s offices and/or at Consultant's home office located at ________________________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code). 4. Time Devoted to Work In the performance of the services, the services and the hours Consultant is to work on any given day will be entirely within Consultant's control and the Practice will rely upon Consultant to put in such number of hours as are reasonably necessary to fulfill the spirit and purpose of this Agreement. 5. Payment The Practice will make and initial payment to Consultant in the amount of $______________________ (describe when, e.g., on execution of this Agreement) _______________________________________________________________________ , and a final payment of $______________ (describe when) _______________________ ______________________________________________________. 6 . No Warranty or Guarantee Consultant intends to render its services under this Agreement in accordance with generally accepted marketing and management principles and practices and makes no warranty, either express or implied, or guarantee as to the effectiveness or success of any new office management and marketing plan proposed to Practice by Consultant. 7. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 8. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ____________________________________. 9. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 10. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 11. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 12. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 13. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 14. Assignment of Rights The rights of each party under this Agreement are personal to that 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 party. 15. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ___________________________________ ____________________________________ (Name of Medical Practice) (Name of Consultant) By: ________________________________ By: ________________________________ ___________________________________ ____________________________________ (N ame & Office in Corporation) (N ame & Office in Corporation) ___________________________________ ____________________________________ (Signature of Officer) (Signature of Officer)