Clear Scoliosis Institute, P.A. PRACTITIONER AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE PERSON OR THE ENTITY IDENTIFIED AS “PRACTITIONER” (AS DEFINED HEREINAFTER) AND CLEAR INSTITUTE. THIS AGREEMENT DEFINES THE RELATIONSHIP BETWEEN PRACTITIONER AND CLEAR. BY CLICKING ON THE ACCEPT BUTTON OR PAYING MEMBERSHIP DUES, PRACTITIONER INDICATES THAT PRACTITIONER HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY THE TERMS SET FORTH IN THIS AGREEMENT. IF THIS AGREEMENT IS ACCEPTED ON BEHALF OF PRACTITIONER, THE TERMS SET FORTH IN THIS AGREEMENT SHALL APPLY TO PRACTITIONER AS WELL AS TO THE INDIVIDUAL OR ENTITY ACCEPTING THIS AGREEMENT ON BEHALF OF PRACTITIONER. THIS AGREEMENT SHALL BE EFFECTIVE AS OF THE EARLIER OF THE DATE THIS AGREEMENT IS ACCEPTED OR MEMBERSHIP DUES ARE PAID.
By acceptance of this Agreement below, the Practitioner hereby confirms and agrees with Clear Scoliosis Institute, P.A. as follows:
This Practitioner Agreement supersedes and nullifies any prior agreements, written or verbal, made between Clear Scoliosis Institute, P.A. and any individual and/or Practitioner. It may be amended as necessary by the Clear Scoliosis Institute, P.A. Board of Directors.
This agreement is between the individual or entity identified on the membership invoice (hereinafter known as “Practitioner”), and Clear Scoliosis Institute, P.A. (hereinafter known as CLEAR), a non-profit education, research, service, professional standards and certifying organization. As a grantor of the annual certification, CLEAR defines the terms and conditions under which an individual may be certified as a CLEAR Practitioner. CLEAR owns the name “CLEAR”, “CLEAR Institute” and “Clear Scoliosis Institute, P.A.”, the proprietary body of knowledge that constitutes the curriculum and methodology taught in all the CLEAR trainings, and all CLEAR logos, copyright and service marks related to CLEAR. In addition, CLEAR is the sole certifying organization for CLEAR Practitioners.
After having completed the CLEAR Practitioner’s Training program to the satisfaction of the CLEAR faculty, the Practitioner will be granted a certificate signifying successful completion of the CLEAR training. This certificate may be displayed, and certification from CLEAR training may be listed as a credential.
The certificate requirements are:
A. Payment of the annual certification fee to CLEAR.
B. Completion and documentation of continuing education as mandated by the CLEAR Board of Directors.
C. Purchase and maintenance of professional liability insurance.
D. Possession, maintenance and use of equipment and supplies as required and specified by the Board of Directors.
E. Reporting results of using CLEAR methodology in practice to CLEAR, as requested from time to time, and as directed by the Board of Directors.
F. Procurement of the appropriate country, state, or city business and/or professional license(s). These will constitute “Certification” as a CLEAR Practitioner, subject to the terms and conditions stated within this Agreement. The Practitioner may then use the words “Certified CLEAR Practitioner” representing that status after their name in all printed or electronic media. This certification grants to the Practitioner the right to practice CLEAR methods on the general public, the right to use the name “CLEAR”, the proprietary body of knowledge, all CLEAR logos and service marks, literature and materials copyrighted or otherwise owned by CLEAR for his/her professional activities and for no other purpose. If CLEAR changes it’s logo or name in any way, Practitioner will, at his expense, revise all literature, marketing, signage or other writings to incorporate the new name, mark or logo. All marketing and advertising materials which use the CLEAR name or logo, or mention the use of CLEAR methods or treatment, must have prior approval of the Clear Scoliosis Institute, P.A. Board of Directors. This certificate does not include the right to teach CLEAR methods under any circumstances other than in classes sanctioned by CLEAR. By certification, CLEAR makes no warranties or representations whatsoever to Practitioner as to the effects of being certified, and grants no territories or exclusive areas to Practitioner.
Territories shall be established and redefined at the sole discretion of the Clear Scoliosis Institute, P.A. Board of Directors. It is expressly understood by Practitioner that certification is a privilege, and not a right, that can be revoked at any time, for any reason, by CLEAR. If certification is revoked, there will be no refund of any fees, purchase of any equipment, or reimbursement of any kind from CLEAR to Practitioner.
G. The Doctor agrees to follow the CLEAR protocols when treating scoliosis patients.
4. ANNUAL CERTIFICATION FEE
The amount of the annual certification fee will be set by the CLEAR Board of Directors. This fee, payable annually to CLEAR, is effective 1 January – 31 December, is not refundable, and may be prorated. If the fee is not received by the stated due date, certification may be suspended or revoked, and a late fee may be applied.
This fee includes membership in CLEAR, entitles the Practitioner to order supplies from CLEAR, to be listed in the CLEAR Directory of CLEAR Practitioners, to be listed on the CLEAR website, and to be eligible for referrals from the CLEAR organization. All efforts involving research on the proprietary body of knowledge that constitutes the CLEAR curriculum and methodology, including but not limited to literature reviews, and publication of works involving the CLEAR methodologies(peer-reviewed and otherwise), must be undertaken with the prior approval of CSI.
5. CODE OF ETHICS
To maintain certification, the Practitioner will at all times maintain appropriate standards of professional and ethical conduct.
Practitioner agrees to defend, indemnify and hold CLEAR harmless from any claims whatsoever made against CLEAR as a result of Practitioner’s actions, inactions, or any claims of negligence made against it.
7. TERMINATION OF THIS AGREEMENT
If the Practitioner elects, in writing, to discontinue association with CLEAR, all rights and privileges related to being a Certified CLEAR Practitioner will cease to be in effect. In that event, all CLEAR materials including the annual certificate shall be returned to CLEAR. There will be no refund of the certification fees paid to date.
If said Practitioner elects, in writing, to resume active practice of CLEAR, the Practitioner shall apply to CLEAR to be considered for eligibility for re-certification. The process for recertification will be determined by the CLEAR Board of Directors.
If CLEAR decides to terminate the practitioner, for any reason, the practitioner shall be notified, in writing, and shall immediately cease and desist any and all representations of CLEAR certification, and return to CLEAR the annual certificate and any other materials as requested by CLEAR.
8. DISPUTE RESOLUTION REGARDING THIS AGREEMENT
If a disagreement arises between the parties to this agreement, the parties agree that this agreement will be governed by Minnesota law and that Minnesota state courts have the exclusive jurisdiction for any action with respect to the enforcement of the terms of this agreement. It is further agreed that proper venue for any legal action may be determined by CLEAR or its legalcounsel.
In the event that legal action is undertaken by CLEAR in any action against Practitioner, Practitioner agrees to pay all attorneys’ fees and costs incurred by CLEAR for having to bring such action.