Our terms and conditions
- It is your responsibility to evaluate and ascertain each referred veterinarian's qualifications.
- A referred veterinarian is someone who we identify to you as a candidate for your employment consideration.
- Employment means all types and terms of hire for work.
- If you represent or own more than one hospital or clinic then our terms and conditions extend to all of your facilities.
- Payment of our success fee rests with you, and is not dependent upon receipt of payment from your customers or third parties.
- You pay the relief veterinarians separately.
- Our success fee is $60 per shift. It is based upon a "pay-as-you-hire veterinarians.
- For example, you may hire a doctor for 10 dates of fill-in work.
- If the job or project ends after the 10 dates of fill-in work then you only owe/paid for those dates actually worked.
- However you may negotiate additional employment directly with the fill-in veterinarian too. Our success fee for continuation of employ will not exceed 175 shifts max. So 175 shifts less the 10 shifts already worked equals 165 shifts left to go.
- If employment lasts beyond the original 10 shifts, but terminates prior to completion of the next 165 shifts then you only owe/paid for those dates actually worked by the veterinarian.
- which party instigated the arrangement
- terms of hire or employment
- prior relationship between parties.
Any confirmed relief dates you cancel will incur a processing charge equivalent to one-half of our anticipated success fee.
Trade Secrets & No Compete
Our system, its procedures, the names of our veterinarians for hire, and any other information that we disclose to you are similar to our trade secrets. Please do not divulge this information to anyone unless it is legally required.
You agree not to compete with us by providing veterinarians to other veterinary facilities or three (3) years commencing from your registration date or from the last date you employed a referred veterinarian. You agree not to compete with us as a referral service, however, you are free to contact and hire veterinarians outside of our network that have not been previously referred to you.
If any litigation is threatened and/or commenced between the parties or their personal representatives arising out of and/or concerning and/or related to any provision of this Agreement, or the assertion and/or protection of any issue, interest, rights and duties of any person in relation thereto, whether or not litigation is actually initiated, the prevailing party or parties shall be entitled, in addition to other relief as may be granted, to the actual sum expended by said party for their attorneys fees in either prosecuting and/or defending such threat and/or actual litigation and/or mediation and/or settlement efforts including but not limited to pre-litigation, litigation, trial, post judgment collection, appellate, and Bankruptcy legal fees and costs, involving the litigation of any and all Bankruptcy and/or insolvency proceedings of any kind whatsoever, including but not limited to non-core or core proceedings related to, arising in or arising under, in any manner whatsoever, the Bankruptcy Code.
Sole AgreementThis instrument contains the parties' sole agreement relating to their relationship. It correctly sets out each parties' rights and obligations. Any prior agreements, promises, negotiations, or representations not expressly set forth in this instrument have no force or effect.
Waiver of Jury Trial
The parties hereby waive their rights to trial by jury in any action or proceeding arising from or related to this agreement. In the event that litigation is initiated by either party, both parties agree to promptly and fully comply with California CCP section 631, or any successor statute, including but not limited to filing a written consent waiving their right to a jury trial, no later than seven (7) days from written demand by any party to this agreement.
Further Assurances and Cooperation
Whenever reasonably requested by the other party, each party shall execute, acknowledge, and deliver all further conveyances, agreements, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents, and all further instruments and documents as may be necessary, expedient, or proper to complete any conveyances, transfers, sales, and agreements covered by this Agreement, and to do all other acts and to execute, acknowledge, and deliver all requested documents to carry out the intent and purpose of this Agreement. The parties hereby acknowledge and agree that any failure to provide the reasonably requested documentation and/or cooperation within five days of a written request shall be deemed a material breach of this agreement.
The parties agree that this Agreement may be executed in identical counterparts, each of which shall be deemed an original for all purposes. The parties further agree that this Agreement may be executed by facsimile transmission, as an email, and/or displayed as a web page. No Interpretation Based on Drafting: This Agreement shall not be interpreted or construed against any of the parties because that party or a representative of that party drafted this Agreement or participated in the drafting of this Agreement. The parties agree that this is a jointly drafted agreement.
Opportunity to Retain Own Counsel
Each of the parties agrees and represents that they have been represented by their own counsel with regard to execution of this Agreement; or that, if acting without counsel, they have had adequate opportunity and have been encouraged to take advice of their own independent counsel prior to execution of this Agreement.