This Service Agreement (“Agreement”), dated [insert date] (“Effective Date”), is by and between Valtrus Nurse Consulting (“VALTRUS”), and [insert client name] (“ATTORNEY CLIENT”), having a principal place of business at [insert client’s address]. VALTRUS and Client are collectively referred to as the “Parties.” In consideration of the mutual agreements in this Agreement, the Parties agree to the following:
SERVICES VALTRUS will provide and ATTORNEY CLIENT will pay for the below Services for ATTORNEY CLIENT’s case in accordance with the terms and conditions of this Agreement.
Merit Review Services may include but is not limited to: review and analysis of medical records, includes verbal or written opinion on merits of the case and recommendations
Medical Records Review, Report Creating and Planning Services may include but is not limited to: written report includes fact and summary or narrative reports and chronological timelines, as applicable, and may provide medical illustrations and definitions upon request. Services do not include expert witness locating services to include phone interview with expert to ensure qualifications and 2-3 curricular vitae; deposition, trial and/or travel. These may be requested for additional fees.
Defense Medical Exam Observation Services may include but is not limited to: medical exam observation; 1-2 hours of client preparation within 1-2 days before the examination and 30 minutes preparation on the day of the examination; up to 3 hours of medical examination and travel within OC and LA county in California, audio recording of the examination, written report, review of physician report.
Services do not include deposition, witness testimony, and travel. These may be requested for additional fees.
VALTRUS guarantees delivery of initial Services by [insert date]. Additional requested services may be agreed upon by the Parties. ATTORNEY CLIENT shall be entitled to a 10% reduction in the Contract Price for each week delivery is delayed, unless the delay is due to sudden illness, injury, death, or other unforeseeable circumstance or the Parties agree to an extension in writing.
Upon termination of this Agreement by either party or notice of Settlement from ATTORNEY CLIENT, VALTRUS shall be entitled to receive any compensation accrued and payable up to and under the terms of this Agreement. VALTRUS reserves the right to terminate this Agreement in the event of non-payment of fees and expenses, or other causes. All outstanding fees shall be paid at termination.
Upon termination by either party, VALTRUS shall provide to ATTORNEY CLIENT any and all copies, in whole or in part, of the Work Product (as then existing) and any and all tangible materials and property the ATTORNEY CLIENT provided to VALTRUS in connection with this Agreement.
Force Majeure. VALTRUS shall not be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes.
Waiver. The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default.
Severability. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. Furthermore, if the scope of any provision of this Agreement is determined to be too broad in any respect whatsoever to permit enforcement to its maximum extent, then such provision shall be enforced to the maximum extent permitted by law.
Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to its principles of conflicts of law.
Assignment. Neither Party may assign, transfer, subcontract or delegate any right or obligation under this Agreement without the prior written consent of the other party.
Notices. All notices shall be in writing and deemed effective when received by either electronic mail or paper mail at the address of the party to be notified provided in the introductory provision of this Agreement. Either party may change the address to which notices are to be sent by providing written notice to the other party as provided for in this section.
If to VALTRUS: 12263 La Mirada Blvd, Suite 448 La Mirada, CA 90638 562-825-8787 *protected email*
If to ATTORNEY CLIENT: [insert Name] [insert address] [insert telephone] [insert email]
Entire Agreement & Amendments. Section and clause headings are used herein solely for convenience of reference and shall not be used in any way to construe the terms of this Agreement. This Agreement shall be deemed to express, embody and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein shall be binding or valid. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties.
Tax Matters. As an independent contractor, VALTRUS shall be solely responsible for payment of all federal or state income taxes or social security (FICA) for VALTRUS, including social security or unemployment tax.
No Insurance. As VALTRUS is an independent contractor, ATTORNEY CLIENT will not be required to provide VALTRUS with any Contractor, individual or group insurance policy or any other kind of insurance coverage including, but not limited to, workers compensation, general or public liability, or errors and emissions insurance.
The Authorized representatives of the Parties have signed this Agreement as set forth below.
[insert Name] [insert title] [insert date]
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