TERMS & CONDITIONS AGREEMENT – CONSULTATION CLIENT

Spirit Pharmacist: Psychopharmacology Consulting

BACKGROUND

The following are the terms and conditions agreement for consultation with Spirit Pharmacist - Psychopharmacology Consulting.

These terms and conditions ("the agreement") is entered into by the Client and the Consultant (Benjamin Malcolm, Spirit Pharmacist). The Agreement will come into effect on the date a consultation intake form is submitted and these terms & conditions are hereby agreed to.

The Client should be of the opinion that the Consultant has the necessary qualifications and experience to provide consulting services to the Client. The Consultant is agreeable to providing such consulting services to the Client on the terms and conditions set out in this agreement.

In CONSIDERATION OF the matters described above and the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Consultant (individually “party” and collectively “parties”) agree as follows:

SERVICES PROVIDED
The Client hereby agrees to engage the Consultant to provide the Client with the following consulting services (the “Services”):

  • Consultation on potential risks and benefits of using psychedelic drugs in the context of concurrent medication, supplements, herbal products and others substance as well as disease states or other factors that may affect safety or effectiveness

  • Consultation provided is for informational purposes only. It is recommended to not use illicit drugs

  • Services may include time spent reviewing information submitted by the Client, performing any necessary review of literature, and relaying information to the Client whether it be in written or verbal form

The Services may also include any other consulting tasks which the Parties may agree on. The Consultant hereby agrees to provide such Services to the Client under a separate agreement, mutually negotiated between both parties.

TERM OF AGREEMENT

  • The Term of this Agreement (the “Term”) will begin on the date this Agreement is submitted and will remain in full force and effect until the completion of the Services or termination of the Agreement

  • The Term of the Agreement may be terminated early as provided in this Agreement

  • In the event either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 3 days written notice to the other Party.

COMPENSATION

  • All monetary amounts referred to in this Agreement are in USD (US Dollars) (the “Compensation”)

  • Initial consultation for the Client will be charged at the rate of $250 for Services including up to an hour of conversation

  • Follow-up consultations will be charged at the rate of $100.00 for each half-hour of services provided or $180.00 for each hour of Services

  • Payment for services are due upon booking consultation

  • In the event that this Agreement is terminated by the Client prior to completion of the Services, where the Services may have been partially performed (e.g. cancellation of consultation within 3 days of consultation appointment) the Client will not be entitled to a refund

EXPENSES
The Consultant shall assume responsibility for all reasonable expenses necessary to effectively provide Services under this Agreement. Should the Client agree to pay for any expenses, these expenses shall be first approved by the Client or by any other person the Client should choose to designate.

CONFIDENTIALITY

  • Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client

  • The Consultant agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Consultant has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement. Forms used for collection of protected health information (PHI) are encrypted and HIPAA compliant

  • All written and oral information and material disclosed or provided by the Client to the Consultant under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Consultant

OWNERSHIP OF INTELLECTUAL PROPERTY

  • All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of the Consultant. The Client is granted a non-exclusive limited-use license of this Intellectual Property

  • Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Consultant

CAPACITY/INDEPENDENT CONTRACTOR

In providing the Services under this Agreement it is expressly agreed that the Consultant is acting as an independent contractor and not as an employee. The Consultant and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for Services. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Consultant during the Term. The Consultant is responsible for paying, and complying with reporting requirements for, all local, state, and federal taxes related to payments made to the Consultant under this Agreement.

NOTICE
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:

Consultant:
spiritpharmacist@protonmail.com

Client: email address submitted with intake form

INDEMNIFICATION
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officer, agents, employees and permitted successors and assigns against any and call claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officer, agents, employees and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

MODIFICATION OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidence in writing signed by each Party or an authorized representative of each Party

TIME OF SERVICES
The Consultant shall perform the Services to the best of its ability within a reasonable time frame for the Client. Notice shall be given to the Client in the event delay in performance of Services may be expected. It shall be a material term of this Agreement that the Consultant shall complete the Services within the time period agreed upon by both Parties.

ASSIGNMENT
The Consultant will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client

GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws in the State of California.

SEVERABILITY
In the event that any of the provisions of this Agreement are held to invalid or unenforceable in whole or in part, all other provisions with nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severe from the remainder of this Agreement

WAIVER
The waiver by either Party of a breach, default, delay or omission of any part of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions