Terms & Conditions
version January 2015
Program Participation Agreement
The Program Participation Agreement (the “Agreement”) is entered into by and between NeuEdge, LLC (“NeuEdge”) and a purchaser (“Purchaser”).
This Agreement, is entered into by Purchaser for the purpose of the below noted client (the “Client”) entering into the DORE Program (the “Program”). Purchaser and Client may be collectively referred to as “You”; and unless Client is under age 18 on the Effective Date, Purchaser and Client may be the same person. Through the Program, Client will be provided with the Services, as defined herein, which are designed to address and help treat Client’s Cerebellar Development Delay. By signing this Agreement, NeuEdge and You (individually, a “Party” and collectively, the “Parties”) agree to all the terms and conditions contained in this Agreement.
1. Services to be Provided: By entering into this Agreement, NeuEdge agrees to provide Client with the services listed below (collectively, the “Services”):
a. Monthly Program Support: If the Client moves forward with the Program, NeuEdge will provide the Client with daily programs tailored to meet the Client’s needs. These daily programs are accessible through the Client’s computer and can be completed without having to visit NeuEdge’s facility. NeuEdge will provide Client month to month access to these daily programs for the duration of this Agreement. Prior to engaging in these daily programs, NeuEdge will provide You with the appropriate training and educational materials necessary for the Client to complete these daily exercises.
2. Payment: The rates for the Services to be provided under this Agreement are set forth in a separate Quote and Proposal. Purchaser agrees to pay for all Services provided by NeuEdge pursuant to these rates.
a. Insurance Claims: Purchaser acknowledges that NeuEdge does not submit bills directly to insurance companies, and Purchaser is individually liable for payment for all Services provided pursuant to this Agreement.
3. Acknowledgement of Components of the Program and Potential Effects:
Purchaser understands that as part of the program:
a. The Program may assign an exercise program which must be done in accordance with the instructions and the directions, including frequency, given to Client.
b. Exercises and/or other activities assigned by the Program are unique to Client and the assignment of these exercises and/or activities by You, or anyone else, to another person is not authorized by NeuEdge.
c. Any equipment given to Client by NeuEdge should only be used by the Client and as assigned by the Program, and NeuEdge shall not be liable for any accidents which may occur as a result of Client’s or any third party’s use of such equipment.
d. Purchaser acknowledges that as part of the program Client may experience the following symptoms:
1. short-term mood changes;
2. changes in coordination or balance; or
3. difficulty in driving or operating machinery
Should Client experience any of these symptoms, Client should avoid engaging in any activity which could cause harm to the Client such as working at heights, driving or operating machinery, or any other activity that could be harmful as a result of these symptoms.
e. Purchaser understands that although Client may experience these symptoms, they should only last a short period of time, and if they worsen or persist, Purchaser should contact Client’s licensed physician as they are not likely caused by the Program.
f. Purchaser understands that should the Client take high dose supplements of omega 3 fatty acids it may reduce the effectiveness or elongate the duration of the Program.
g. Purchaser understands that the Client’s use of recreational drugs may reduce the effectiveness or elongate the duration of the Program.
h. Purchaser understands that the Client’s use of prescription drugs may elongate the duration of the Program.
i. Purchaser understands that Client’s progress can continue to be made even after the program has finished if physiological results are within set criteria.
j. Purchaser understands that in withdrawing from the Program early, NeuEdge takes no responsibility for Client not making further progress, or in some instances, reverting to performance levels prior to starting the DORE program.
4. Term of Agreement: The term of this Agreement shall reflect the period stated on the Proposal and Quote received and approved by You. This Agreement shall automatically renew for successive one year periods until the Agreement is terminated by either Party.
The time period for completing the Program can vary for each individual, and thus, it cannot be precisely ascertained at the onset of the Program. However, the typical amount of time needed to complete the Program is 12-24 months.
5. NeuEdge’s Obligations: Under this Agreement, NeuEdge only undertakes the obligation to administer the Services described herein to Client with reasonable and appropriate care. While NeuEdge believes, in light of research, that the Program, if properly carried out by the Client, can significantly relieve the symptoms caused by cerebellar developmental delay, NeuEdge does not claim to experience equally successful outcomes with each and every client. NeuEdge reserves the right to make changes to our Program as long as substantially the same services continue to be provided to Client as they are described in this Agreement.
6. Purchaser and/or Client’s Obligations: You agree to cooperate with NeuEdge in making sure that the recommendations of our staff are followed by the Client and that the exercises selected are carried out by the Client at 95% or better compliance level.
You understand and agree that all or much of the materials that we provide to Purchaser and Client are subject to copyrights owned by NeuEdge or its affiliated entities. You agree that you will not make copies or distribute any of our materials for any reason without the prior written consent of NeuEdge, which consent may be withheld for any reason. You understand that such actions could result in copyright infringement which is a serious matter, and you could be subject to, among other things, serious penalties and/or fines if you were to engage in copyright infringement.
7. Termination of the Agreement: This Agreement may be terminated for any of the reasons set forth below:
- Client’s completion of the Program;
- By either Party upon commencement if either Party determines it is not in the best interest of Client to move forward with the Program;
- By either Party upon ten (10) days written notice prior to the expiration of the initial or any subsequent renewal period of this Agreement;
- Mutual written consent of the Parties; or
- By either Party upon a material breach of this Agreement by the other Party provided the breaching party has not cured said breach within ten (10) days of receiving notice of the breach.
In the event of termination of this Agreement, unless by result of Purchaser’s failure to pay for the Services provided, NeuEdge will continue to afford Client access to the daily programs for the remainder of the current monthly term of the Agreement.
8. Acknowledgment of Health Information Disclosure: Purchaser and Client acknowledge and understand that:
- the answers and information provided NeuEdge regarding the above named Client’s physical, mental/emotional health or genetic disorders are true and complete;
- complete disclosure of this information is imperative to NeuEdge’s ability to determine suitability for the Program;
- failure to disclose complete information to NeuEdge might result in delayed progress or no progress whatsoever on the Program; and
- any misrepresentations, omission of facts or incomplete answers will compromise participation in the Program.
9. Authorization for Disclosure and Release of Information:
a. Program Participation: In furtherance of the Client’s participation in the Program, You acknowledge the importance of NeuEdge disclosing certain information that is necessary for the administering of the Services to be provided. You authorize NeuEdge to disclose Client’s information to the extent necessary, to the employees of NeuEdge, any licensed medical professional consulted in association with Client’s participation in the program, or such other person(s) as may be necessary for Client’s participation and completion of the Program.
b. DORE Program Research: In order to ensure the DORE program continues to improve and remains successful into the future, it is necessary for NeuEdge, or its affiliates, to conduct research and study the effects of the Program on each individual. You further authorize NeuEdge to disclose information related to Client’s participation in the Program, in an unidentifiable manner, for purposes of continued research for the DORE program.
This agreement is subject to and governed by the Mississippi Open Records Law where applicable not withstanding any provision of this agreement.
10. Acknowledgment of No Physician/Patient Relationship: It is expressly understood that there is no physician/patient relationship being established between NeuEdge and Client through this Agreement. NeuEdge is not a medically licensed facility, and none of its employees are required to hold a medical license to administer the Services to be provided.
11. Miscellaneous Terms:
a. Entire Agreement: This Agreement constitutes the entire agreement between the Parties, and supersedes any previous agreement or understanding. This Agreement may not be varied except in a written document signed by the Parties. If any term of the Agreement is held by a court, or other competent authority, to be invalid or unenforceable in whole or in part, the validity of the other provisions shall not be affected.
b. Notices: All notices required shall be in writing and delivered personally; or sent by courier or by certified mail with return receipt requested, with proper postage or delivery fees paid, and addressed to the applicable Party at the address listed below, or to such other address previously designated by notice sent in accordance with this provision. Notices will be deemed delivered when received, if given by personal delivery or courier; or one day after deposit with the U. S. Postal Service with proper address and postage paid. If, however, delivery of any notice properly given under this provision is refused or delivery cannot otherwise be completed, the notice will be deemed delivered on the first attempted delivery.
If to NeuEdge:
PO Box 13957
Jackson, Mississippi 39236
c. Governing Law: This agreement shall be governed and interpreted in a court of competent jurisdiction.
d. Assignment: NeuEdge may assign this Agreement to any third party without prior notice. Purchaser agrees to make all payments provided for in this Agreement to such third party upon written notification to Purchaser of such assignment.
The terms of this Agreement should be read carefully because only those terms in writing are enforceable. No other terms or oral promises not contained in this written Agreement may be legally enforced. The terms of this Agreement may only be amended by the written consent of both Parties.