terms & conditions
TERMS & CONDITIONS
Use of Information
Links to Other Sites
Disclaimer of Warranty; Limitation of Liability
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I, the Patient, desire to voluntarily obtain medical services provided by the Healthcare Provider (“Provider”) that I have selected. I warrant that I have read and understand every provision contained in this Agreement. By signing this Assumption of Risk and Release of Liability, I hereby agree to comply with the following conditions:
INFORMED CONSENT AND AGREEMENT
I specifically warrant that I have been sufficiently informed and have been given the opportunity to discuss this form and its contents with the undersigned Healthcare Provider, and to have my questions adequately answered. I have been asked to make a choice about my treatment, and I hereby consent to receive medical services with the Healthcare Provider as planned, prescribed and provided by the undersigned Healthcare Provider. I agree to follow my Healthcare Provider’s medical services treatment plan exactly as s/he plans, prescribes and provides it for me, and I understand that any questions, concerns or complaints I have regarding my treatment must be communicated to my doctor as soon as they arise. I warrant that I am making the decision to obtain medical services from the Healthcare Provider solely based upon my own independent investigation and analysis, and discussions that I may have had with my own medical, dental and/or legal advisors in the United States of America (“U.S.”) or elsewhere, including but not limited to information related to the medical services to be obtained from Healthcare Provider, medications, post-treatment care, fitness for travel and/or other activities. I am fully aware that the Healthcare Provider as a healthcare professional has the ultimate decision whether it is safe to proceed with the procedure you have reserved. I hereby give my unqualified, informed, consent to the Healthcare Provider to perform the procedure as agreed upon in the Health & Wellness Bazaar, Inc. Quote (the “Medical Services”). I certify that I have been provided with materials describing the Medical Services and that I have reviewed such materials. In addition, I certify that I have been given the opportunity to discuss the Medical Services, including the potential benefits, risks, expected outcomes, and medical alternatives to the Medical Services, with a physician employed by, contracted with, [or selected by] the Healthcare Provider. In addition, to the extent that during course of the Medical Services or related services provided to me by the Healthcare Provider, the need arises for emergency, or life-saving treatment, I hereby consent to the performance of any other medical services and procedures deemed necessary by the medical staff of the Healthcare Provider, and consent to the payment of all costs associated with any and all other medical services and procedures. I have not been given any promises or warranties regarding the outcome or results of the Medical Services. I have been given guidelines outlining results and expectations. I understand that my results may or will vary and depend on many factors and variables, and that my results may or may not fall within the guidelines and expectations discussed. I specifically warrant that I have been given adequate time and information to allow myself to make a decision to undergo this Medical Services. I further warrant that I have been advised to, and have had the opportunity to seek and obtain independent medical advice from an appropriately qualified medical practitioner in relation to any medical services that the Healthcare Provider may provide to me. At this time, I confirm that I voluntarily desire to undergo and proceed with the Medical Services.
ASSUMPTION OF RISK
I understand that undergoing any medical services procedure entails substantial risk, and possible complications. I hereby acknowledge that there are known and unknown risks and possible complications associated with the Medical Services. I agree to follow the advice of my Healthcare Provider while under his/her care. I understand that I have the right to deviate from the recommended treatment plan and in doing so, I hereby accept and agree to be solely responsible for the risks and complications that may occur as a result deviating from the recommended treatment plan, and will not hold Healthcare Provider responsible in any way.
I swear and affirm that all information and medical records provided by me to the Healthcare Provider shall be true, accurate and complete to the best of my knowledge, and I understand that the medical personnel, including but not limited to physicians, nurses, and technicians (collectively the “Medical Personnel”) will be relying upon the truth, accuracy and completeness of such information and medical records in exercising their own medical judgment. I hereby indemnify, defend and hold harmless the Healthcare Provider from and against any liability arising from any inaccuracy, incompleteness, or intentional omission of information and medical records supplied by me or my physician in the U.S. or otherwise.
CANCELLATION OF PROCEDURE AND REFUNDS
I agree that the Healthcare Provider has the right to cancel the Medical Services at any time and for any reason in the sole and absolute discretion of the Medical Professional. If the Medical Services is canceled, I understand that I will receive an accounting of costs incurred by the Healthcare Provider up until the date of cancellation, and thereafter, I will receive a refund of any unused, but paid, fees. I agree that in the event I choose the cancel the surgery, I may for any reason. If I elect to cancel the Medical Services, I will be liable for any costs incurred by the Healthcare Provider up until the date of cancellation, and thereafter, I will receive a refund of any unused, but paid, fees. If you cancel your appointment prior to 7 days before the appointment date, your deposit will be refunded minus a $250 USD cancellation fee. If you cancel your appointment within 7 days of your appointment date, you will forfeit your deposit in its entirety. If you need to reschedule your appointment, Health & Wellness Bazaar, Inc. will issue you a credit for your deposit which you may apply to another healthcare procedure.
ROLE OF HEALTH & WELLNESS BAZAAR, INC.I understand and acknowledge that Health & Wellness Bazaar, Inc. (“HWB) is NOT a Healthcare Provider. HWB is an international medical provider network facilitating Medical Services for Patients with contracted Healthcare Providers. HWB promotes transparency in healthcare pricing and unbiased health information services with an aim to offer consumers more choices on how they govern their healthcare. HWB does not refer patients to any HealthCare Provider and does not charge any Healthcare Provider to be listed on the HWB Healthcare Marketplace at (“HWBazaar.com”). Information provided by HWB is for educational and informational purposes only, and is not intended to be a substitute for a health care provider’s consultation. Therefore, and in any event, I hereby waive, remise, release and forever discharge HWB and its officers, directors, shareholders, servants, employees and agents, and the successors of and from every and any claim of any nature or kind whatsoever that I have, can, shall or may hereafter have, including, without limitation, claims, demands, damages, actions, causes of actions, costs and expenses arising out of or relating to my death, injury, loss or damage (such as disability, loss of capacity, pain and suffering, medical or surgical complication), howsoever caused, arising directly or indirectly out of or in connection with my travel to, from, or within the City and Country of surgery, or any medical treatment and / or surgical procedures undergone by me. I agree to save and indemnify HWB from and against every and any claim of any nature or kind whatsoever that any third party can, shall or may hereafter have against HWB including without limitation claims, demands, damages, actions, causes of actions, costs and expenses arising out of or relating to my death, injury, loss or damage (such as disability, loss of capacity, pain and suffering, medical or surgical complication), howsoever caused, arising directly or indirectly out of or in connection with my travel to, from, or within the City and Country of surgery and/or any medical treatment and/or surgical procedures undergone by me.
AGREEMENT TO ARBITRATE
It is understood that any dispute that arises from services rendered by the Healthcare Provider, will be determined by submission to arbitration by law in the Country in which the services were rendered, before resorting to a lawsuit or any other court process. It is also understood that any dispute that does not relate to medical malpractice, including a dispute as to whether or not a dispute is subject to arbitration, will also be determined by submission to binding arbitration in accordance with law in the Country of which services were rendered. A demand for arbitration must be communicated in writing to all parties. Each party shall come to an agreement as to the date and time of arbitration within sixty (60) days of the demand for arbitration. Each party will equally split the fees associated with arbitration. Additionally, each party will be responsible for their respective attorneys’ fees.
VENUE AND GOVERNING LAW
In the event any dispute arises between me and the Healthcare Provider, then with respect to any litigation arising from such dispute, I (a) consent to submit to the exclusive personal jurisdiction of the courts of ordinary jurisdiction in the City and Country of which services are rendered regardless if their local is not within the United States (b) agree not to attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such courts, (c) agree not to bring any action relating to such dispute in any court other than a court of ordinary jurisdiction sitting in the City and Country of which services were rendered, (d) agree to submit any complaint in writing within thirty (30) days of becoming aware of any medical complication. I hereby agree that any dispute arising out of the Healthcare Services shall be governed and construed in accordance with the laws of the Country in which services were rendered.
Having read this form in its entirety, my signature below acknowledges that I agree with and understand all of the statements contained and set forth within this document. I am aware of the risks of the Medical Services, and fully understand and accept these risks. I further warrant that I desire to voluntarily obtain medical services provided by the Healthcare Provider (“Provider”) in their remote offices that may not be within the United States. I warrant that I have read and understand every provision contained in this Agreement.