Need PROFORMAS OF CONTRACTS
Querist :
Anonymous
(Querist) 21 January 2010
This query is : Resolved
If I want to open a Medical Tourism Company I need to make some contracts which are mentioned below:-
1. Patient contract with Indismile
2. Employees contract with Indismile
3. Hospital signs with Indismile
4. Service providers/ travel co./relaxation and other service provider signs with Indismile.
As per my knowledge I have mentioned some points that are to be considered at the time of drafting the above mentioned contracts:-
For contract No.1(Patient Conract with the company):-
Ø Exclude the company of all liabilities
Ø Patient signs HIPAA disclosure agreement
Ø States that he is aware of the data security measures in place and excludes the company of any liability arising out of data loss/theft
Ø States that he is aware of all risks involved.
Ø States that he is aware of all pros and cons of choosing a particular hospital and doctor.
Ø States that he is aware of all pros and cons of the journey to India.
Ø States that he has provided all correct information, if not his insurance will not be honored
Ø States that he plans to go to India for purposes mentioned in this contract.
Ø States that he is aware of the Forex transfer rules.
Ø States that he excludes the company of all implied and non-implied liabilities.
Ø States that he understands each and every part of the trip as mentioned in the contract and fully agrees with each of them.
Ø States that he is aware of all the financial implications and costs and agrees to bear it himself/through his dependents.
Ø States that he will be responsible for all the company equipment and will return all the equipment to the company in the same condition as provided to him.
Ø States that he is aware of all the details of the Clements Insurance and agrees to abide by the terms and conditions.
Ø States that he is aware of all the details of the medical loan provided to him
Ø States that he is aware that local arbitration laws/rules will apply outside of the US
Ø States that he is aware of all terms of travel Insurance provided
Ø States that he is totally sane and is not under any kind of pressure.
Ø Signs in front of a witness.
Ø Signs also needed by immediate family members to exclude the company of all liabilities.
Ø Governing laws of Lucknow city will apply.
For contract No.2(Employee contract with the company):-
Ø Information non-disclosure agreement with Employees
Ø State that they will not disclose any information about the patient or company to anyone, in any way.
Ø State that they will not engage in any unethical transactions on behalf of the company.
Ø State that they will not engage in any kind of misconduct while on the company premises or while representing the company.
Ø No alcohol consumption while on duty.
Ø No sexual misconduct while on/not on duty.
Ø Their employment can be terminated at any time by the company.
Ø They might be asked to perform some official duties beyond their job description like travel to foreign countries, different cities in India, etc.
Ø Do not engage in any activity detrimental to the company’s image, mission, ethics and values.
Ø In case of any issues between employees and the company, Governing laws of Lucknow will apply.
For contract No.3(MoU with Hospitals):-
Ø Chosen doctor needs to have VC with patient. Any number of replies through emails will be honored.
Ø Agrees to pay the company 10% of the amount billed to a patient. Agrees to pay as soon as they get paid.
Ø Agrees to not divulge any client specific information to anyone who does not have a need to know for medical reasons.
Ø Agrees to provide a procedure slot within 2 months of the agreement of contact by the patient.
Ø Agrees to not charge anything to the company/Patient if patient does not like the facilities provided before admission. In this case the procedure and contract for the particular patient will stand cancelled.
Ø Agrees to provide a copy of the final bill to the company.
Ø In case of any legal arbitration, hospital will help the company with all case relevant data, documents, transcripts,
Ø Repatriation of remains will be handled by hospital. All the possessions of patient will be handed over to immediate relatives or the company representatives.
Ø In case a complication arises due to negligent behavior demonstrated by hospital/its staff, any costs arising out of the further medical expenses will be borne by the hospital.
Ø Agrees to provide all case papers whenever requested by the company for a patient facilitated by the company.
Ø Agrees that the company Medical Officers may tour their facility after a certain notice.
Ø Agrees that the company may use its logo, doctors, hospitals on website without any further permission from the hospital.
Ø Agrees that affiliates of the company are allowed to use the hospital logo, doctors and other hospitals information for marketing purposes.
Ø In case of any issues between hospital and the company, the governing laws of Lucknow city will apply.
For Contract No.4 (MoU with Ralaxation service providers/Hotels/Travel/ Applicable to all Svc providers) :-
Ø Any number of replies through emails will be honored.
Ø Agrees to pay the company 10% of the amount billed to a patient. Agrees to pay as soon as they get paid.
Ø Agrees to not divulge any client specific information to anyone.
Ø Agrees to not charge anything to the company/Patient if patient does not like the facilities provided before admission. In this case the contract for the particular patient will stand cancelled.
Ø Agrees to provide a copy of the final bill to the company.
Ø Agrees that the company Officers may tour their facility after a certain notice.
Ø Agrees that the company may use its logo, doctors, hospitals on website without any further permission from them.
Ø Agrees that affiliates of the company are allowed to use their logo and other details for marketing purposes.
Ø In case of any issues between Provider and MTF, the governing laws of MTF city (Lko) will apply.
I request all you honourable people to help me out and povide me with the required proformas.plz feel free to amend or add any more points that are required.
I will be really greatful.
Thanks & Regards,
ANUBHAV SWARUP
A V Vishal
(Expert) 21 January 2010
This is an interactive forum to discuss law. It is therefore advisable to contact a local advocate who can draft these agreements as per your requirements.
Sachin Bhatia
(Expert) 21 January 2010
It is better for you to take help from any local Lawyer.
Guest
(Expert) 21 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING PROFORMAS KINDLY NOTE THAT.
1.YOU MAY SEND DETAILS WILL HELP YOU
2.KINDLY NOTE THAT CONTRACT SHOULD BE DRAFTED BY LEGAL EXPERTS BECAUSE IT IS A BASE OF ANY LITIGATION AND ENTIRE CASE DEPENDS ON THE SAID CONTRACT.
3.KINDLY AVOID USING SHORT CUT METHODS OF CUT COPY AND PASTE ,IT MAY LAND YOU IN TROUBLE AND MAY BE REQUIRED TO SPEND CONSIDERABLY HUGE AMOUNT ON FUTURE LITIGATION.PLEASE NOTE.
YOU MAY WRITE AND SEND DETAILS FOR FURTHER HELP.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B(MUMBAI),ADVOCATE
