Terms and Conditions

You are engaging DrSeeNow (the “Company”) to seek a Second Opinion from a medical professional with the expertise that fits your particular needs.
This Terms and Conditions form outlines the relationship between you, the Company, and the medical professional providing your second opinion.
This form must be read, understood, and signed before you are allowed to receive services.

1. SERVICES

This form is designed to ensure that you understand the process involved in seeking and receiving a second opinion from a medical professional. You acknowledge that you have recently been diagnosed with a particular medical condition by a licensed medical professional with the necessary expertise. You are seeking a second opinion about this diagnosis. The Company will connect you with a professional who has expertise in the area related to your medical condition and has sufficient experience to qualify to give the second opinion.
You understand and acknowledge that the professional will give an objective second opinion based on medical evidence and may not give you the opinion you are hoping for or expecting. This second opinion may not influence the medical professional who made the original diagnosis, or any other medical professional you have a relationship with.

2. NO PATIENT-PROVIDER RELATIONSHIP; NO MEDICAL ADVICE

Although the person giving the second opinion is a licensed medical professional, seeking a second opinion does not create a patient-provider relationship. The professional is not your doctor, pharmacist, or other licensed professional, but instead is an independent evaluator of the medical facts. You understand and acknowledge that giving a second opinion does not constitute the practice of medicine in any state or internationally. You understand, acknowledge, and agree that you will not ask for any medical advice, including treatment options, nor will the provider giving the second option offer this advice.

3. COMPANY NOT A MEDICAL PRACTICE

You understand and acknowledge that the Company is not a medical practice or healthcare entity of any kind. It provides the marketing and technology platform that connects clients seeking medical second opinions with expert professionals. The Company also provides all necessary administration for these activities, including communications, payments, etc. You further understand and acknowledge that the medical professional is NOT an employ, agent, or otherwise a representative of the Company. Instead, the professional is an independent consultant who provides services directly to you and only uses the Company’s platform to facilitate the services to you. Nevertheless, each professional has been interviewed and vetted by the Company.

4. PRIVACY STATEMENT AND CONSENT

The Company will need to receive and process your Protected Health Information (PHI) in order to facilitate the second opinion services. While HIPAA and other healthcare privacy laws do not apply to the Company because it is not a healthcare entity, the Company will keep your PHI secure and do everything in its power to use and store it properly. The Company will only request that part of your PHI that is necessary to performing its duties under this Agreement. Likewise, the professional providing the second opinion will safeguard your PHI with the same standards required by federal and state healthcare privacy laws.
You understand this privacy statement and consent to the Company receiving, using, and storing your PHI.

5. FEES

The fee to engage the Company and receive a second opinion is [put in specific fee schedule]

6. WAIVER AND INDEMNIFICATION

You accept full responsibility for the information you give the Company and the professional providing the second opinion. Further, you indemnify and hold the Company and the medical professional (including any of their employees and/or agents), harmless and without liability of any kind whatsoever for the results of the second opinion, or the process for facilitating it. Neither the Company nor the professional will be responsible for any action you or another medical professional takes as a result of the second opinion. You release the Company and the professional (including their employees and/or agents), from any responsibility for pre-existing conditions, information you have not revealed, or any consequential change to those conditions that arises after the second opinion is given. You understand that you are responsible for any medical treatment you may need to receive because of receiving the second opinion. This Waiver and Indemnification section applies to any legal representatives, heirs, assigns, or anyone else with a legal right to potentially litigate on behalf of you or as a result of harm to you.
Further, you agree to waive any right to take legal action against the Company for the actions of the independent medical professional providing the second opinion services, and you acknowledge that the professional is an independent consultant merely using the Company’s platform to facilitate the services.

7. NO REFUNDS OR GUARANTEES

No refunds are available after a fee is paid and services rendered. The Company does not guarantee any results or outcomes. You understand and agree that the process for engaging the Company and receiving the second opinion has been clearly explained to you, and you voluntarily agree to proceed without any guarantees, warranties, or specific expectations.

8. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of California. You understand and acknowledge that any legal dispute you have as a result of negligence, recklessness, intent, or any other act on the part of the medical professional providing the second opinion services is between you and the professional. You agree not to involve the Company in any such legal action. If such an action arises between you and the medical professional, you agree to resolve it through biding arbitration in the venue chosen by the medical professional using one (1) arbitrator under the rules and procedures of the American Arbitration Association.
You likewise agree to resolve any legal dispute between you and the Company through the same binding arbitration to be held in San Diego, California.

9. GENERAL PROVISIONS

A. Binding Effect; No Third-Party Beneficiary. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their successors and permitted assigns. Nothing in this Agreement is intended, nor shall be deemed, to confer any benefits on any third party, including, without limitation any patients of Company, nor shall such person or entity have any right to seek, enforce, or recover any right or remedy with respect hereto.
B. Entire Agreement. This Agreement contains the entire understanding of the Parties concerning the subject matter described herein and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter described herein. This Agreement supersedes any prior written or oral agreements between the Parties concerning the subject matter described herein.
C. Amendment. This Agreement and each of its provisions shall be binding upon the Parties and may not be waived, modified, amended, or altered except in writing signed by the Parties.
D. Assignment. Neither Party may assign this Agreement, in whole or in part, without the prior written consent of the other Party.

I understand all the terms and conditions of this form. I understand the procedures I have agree to receive and have had the opportunity to ask any and all questions about these procedures, including advantages, disadvantages, risks, and alternative treatments. All your questions have been answered in a satisfactory manner. I acknowledge that I am at least 18 years of age and speak English, or that the person explaining this form to me speaks English and has made everything clear to me. By signing and dating below, I agree to all the terms and conditions of this form and to be treated by the Practice.