Master Service and Enrollment Agreement
This Master Service and Enrollment Agreement (hereinafter “Agreement” or “Enrollment Agreement”) is made and entered into effective as of the %DAY% day of %MONTH%, %YEAR%, by and between AmeriClerkships Medical Society, Inc., a California corporation, (hereinafter “AMS”) and %MEMBERNAME%, at IP Address %IPADDRESS% with confirmation number %CONFNUMBER%, a client (hereinafter “Member”) (AMS and Member are individually referred to herein as “Party” and collectively as the “Parties”).
Recitals
WHEREAS, Member is a pre-health students, current healthcare students, healthcare graduates, or current healthcare workers (individually and collectively referred to herein as “Members”);
WHEREAS, AMS is an independent Educational Support Services entity, driven by the outcomes achieved by its Members. AMS provides insured U.S. clinical experiences in hospitals and clinics (hereinafter “Clinicals” or “Clinical Blocks”), expert mentorship for entry into U.S. medical residency and fellowships (hereinafter “Residency Prep” or “Services”), and cultural exchange;
WHEREAS, Member and AMS desire to enter into and engage in the Agreement subject to the terms and conditions hereinafter set forth; and
NOW, THEREFORE, for and in consideration of the promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
User Agreement: BY USING THIS WEBSITE AND SIGNING THIS AGREEMENT, YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY AMS TERMS OF USE LOCATED AT https://www.acmedical.org/terms_of_use/, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITE OR THIS AGREEMENT. Your use of this Website is contingent on the foregoing agreement, and if you do not agree, you must cease using the Website. Your electronic acceptance of this Agreement and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms. AMS may change the details of this Agreement at any time by posting changes on this page of the Website. It is the Member’s responsibility to review this Agreement prior to each use of the Website, and prior to providing any digital signatures. By continuing to use the Website, you agree to any such changes.
Scope of Services: AMS agrees, pursuant to the terms and conditions contained herein, to place Member within affiliated Clinical Blocks. Other AMS services may include, but are not limited to, personal consultation and evidence-based strategy sessions for healthcare college and residency entry, various review and revision of healthcare job related documents, interview preparation, as well as personalized work rehabilitation of former residents and physicians who desire to return to residency and medical practice, if deemed appropriate and applicable by AMS; some of these are services that may vary with different membership levels or different Member categories. Member attests that he/she is over the legal age of 18 at the time of digitally signing this Agreement, and acknowledges that AMS has entered into this binding Agreement only with the individual who digitally signed this Agreement; as such, AMS is under no obligation to discuss the details of a Member’s account or this Agreement with any person other than the individual who has entered into this Agreement. AMS is not a law firm and does not provide any legal advice, nor is AMS a college or a university and does not issue any credits.
Compliance with Policies and Procedures of AMS & Each Clinical Site: The Member represents, covenants, and agrees that as AMS has agreed to assist with access to various clinical settings, the Member must follow all applicable policies and procedures, which may be specific to each clinical site and state, and it is the Member’s personal responsibility to identify and adhere to these policies and procedures. The Member hereby affirms that all questions regarding the clinical setting have been answered fully and that the Member has read the Frequent Questions page and legal disclaimer on https://www.acmedical.org/terms_of_use/, as well as the AMS Commitment to Clarity which is located on https://www.acmedical.org/clarity/, all of which are incorporated herein this Agreement by this reference as of the date of this Agreement.
Accredited Education & Approved Sponsorship: For hands-on clinical experiences, the Member warrants and represents that the healthcare school in which he/she is enrolled, or has graduated from, is an accredited institution of higher education recognized by the U.S. Department of Education. For observerships or research experiences, the Member must be employed or sponsored by a pre-approved vendor. Exceptions to this policy may be made in writing by AMS, and on a case by case basis.
AMS Orientations & Pre-Clinical Quizzes: Member agrees to watch and pass the quizzes associated with the AMS Clinical Orientation Video (YouTube), AMS Health Insurance Portability and Accountability Act (hereinafter “HIPAA”) Orientation Video, Occupational Safety and Health Administration (hereinafter “OSHA”) write-up and quiz, Universal Precautions (hereinafter “UP”) write-up and quiz, as well as passing any other associated Certification Tests prior to the start of his/her first Clinical Block with an AMS affiliated clinical site. Links to the above will be shared with Members immediately following their AMS enrollment. Failure to pass these tests will delay a becoming Fully Enrolled Certified, which may delay Start Dates and cause the Member to incur expedited processing or schedule change fees.
Compliance & Avoiding the Practice of Medicine Without a License: Each Member is responsible for staying current with the policies and procedures of each applicable state regulatory agency for future practice and licensure, including what each such state constitutes the practice of medicine without a license. Member agrees not to engage in any practice, act or omission that can be construed as practicing medicine without a license according to the relevant regulations. As such, please note the following:
Professional Medical Liability Insurance: Member acknowledges that he/she is strictly liable for the outcome of any and all actions that may result from any activity which is outside the scope of this Agreement. Furthermore, Member acknowledges that neither AMS nor its insurance providers or insurance agents or affiliated attending physicians have any liability to provide medical liability coverage for any portion of Clinicals, if it is determined that any of the documents, agreements, or information provided to AMS is anything but the truth, or if it is determined that the Member has deviated from the established policies of AMS, as communicated with each Member by way of the Agreement, its websites or notification emails. As highlighted above, any Clinical Block that is not authorized by AMS, or a Member’s misrepresentation of their membership status will constitute a breach of contract, and the nullification of medical liability insurance for all unauthorized Clinical Blocks. In such case, Member will be the sole party responsible for any and all malpractice suits and liabilities arising out of Member participation in such Clinical Block(s), including tail coverage. If while enrolled with AMS, Member is found to have engaged in any activities that can be construed as the practice of medicine by relevant state and federal regulatory agencies, gives health related advice or interacts with patients without direct supervision of an attending physician, this Agreement, the member’s AMS membership, and any medical malpractice provided by AMS or its agents will be terminated. Insurance deductible fees and tail coverage fees (if any), will be paid by the Member. This insurance will remain in place until such time that AMS stays with the same carrier.
Zero Tolerance Policy: Members hereby agree that he/she will be professional at all times, and WILL NOT contact any “clinical site or hospital or physician” (or their representatives; affiliated with AMS or not) whom AMS introduces the Member to, unless expressly permitted to do so in writing by AMS. Any and all clinical inquiries, such as request for clinical site processing, start and end details, contact information, changes, orientations, check-in/check-out process, request for clinical evaluations, or any other matter that pertains to a Member’s clinical enrollment must be made directly and solely through AMS. Additionally, Member agrees to abide by confidentiality laws which prohibit the sharing of contact information of any clinical site or hospital or physician (or their representatives; affiliated or not) with any person or entity except for medical residency programs to which the Member is applying to. Member acknowledges this paragraph as his/her FIRST AND FINAL WARNING, even if the Member has already begun their Clinicals with AMS. Member acknowledges that any breach of this Zero Tolerance Policy will be grounds for immediate and permanent dismissal from AMS and its affiliated clinical sites without consideration for a credit or relocation or rescheduling or refund.
Infection Control: Member hereby represents and affirms that he/she does not have an infectious disease or a contagious health problem that might or could risk any person’s health at clinical sites. Member agrees to immediately notify his/her supervising physician (“Attending Physician”) and AMS if he/she contracts or becomes aware that he/she has a health problem that might or could put at risk a patient’s or employee’s health. Member agrees to provide AMS with documentation of negative status for various infectious diseases, which may from time to time be necessary at the discretion of AMS.
Protected Health Information & Patient Confidentiality. Member agrees to comply with the Administrative Simplification provisions of HIPAA of 1996 and regulations issued pursuant thereto. Member shall not disclose to any third party, except where permitted or required by law or where such disclosure is expressly approved by AMS in writing, any patient or medical record information regarding any patients. The Member shall comply with all federal and state laws and regulations, and all rules, regulations, and policies of AMS and any applicable clinical site regarding the confidentiality of such information, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) (45 C.F.R. Part 160, et seq.), the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 C.F.R. Part 2), and the California Confidentiality of Medical Information Act (California Civil Code section 56 et seq.), as amended from time to time.
Uses and Disclosures of Protected Health Information (PHI): Member will not repeat or share confidential (private) patient information as required by related state and federal laws, including patient name, health related information or any patient specific information. Member will only make known this information as allowed by law. From and after the Privacy Compliance Date, Member shall Use and Disclose PHI only as necessary to perform its obligations under this Agreement as follows:
No Independent Arrangement of Clinicals with AMS Clinical Sites: Member agrees that he/she will not attempt to set up his/her own Clinicals, or direct any individual to arrange clinical rotations, with any Attending Physician with whom AMS has an independent contractor or other contractual relationship with at any time during the duration of the Agreement and for a period of two (2) years from the expiration or earlier termination of the Agreement. Failure of Member to comply with this section shall constitute a violation of the Zero Tolerance Policy, and constitute automatic and immediate termination of the Agreement, whereupon the Member shall have no further rights hereunder, and AMS shall have no further obligations hereunder, except as expressly provided otherwise herein.
Criminal, Credit & Background Checks:
United States Immigration & Entry: Member warrants and represents that he/she will be lawfully residing in the United States (and even a specific state or within 50 miles of a clinical site) by at least 2 days and as much as 14 days prior to the start of any scheduled CB, in accordance with the regulations of the U.S. Citizenship and Immigration Services, or Department of Homeland Security, or policies and procedures set forth by AmeriClerkships or its affiliated Clinical Sites in response to any natural or manmade events (e.g. quarantine requirements upon entry into any State due to a pandemic). Member is solely responsible for securing a U.S. visa for entry, and entry into the U.S. However in the case that a Member is unable to secure a visa, AMS may be able to evaluate for Credit on File based on the “Cancellation Policy for Conditionally Enrolled Members Needing a Letter of Enrollment (such as those needing a US visa or requiring sponsoring institution or school approval)” below. Member agrees that an uncertain, pending or expiring U.S. immigration status will trigger AMS to push all pending or affected Clinical Block(s) to the end of Member’s Membership period. AMS Member will be responsible for all rescheduling fees, including possible renewal of an AMS membership, and Member acknowledges that he/she may not be entitled to any credit for any scheduled but incomplete Clinical Blocks.
Accounting Matters/Payment of Fees:
Memberships:
AMS Memberships typically expire annually, therefore unless a Clinical Block Start Date delay was caused by AMS or its affiliated Clinical Site, the Member agrees to pay for a new Membership if the end date of any scheduled Clinical Block extends past his/her Membership end date. Membership discounts may only be applied if Membership renewals are coupled with new/additional clinical enrollments. Courtesy (unpaid) Membership extensions do not entitle the Member to any other Membership benefits other than temporary professional liability insurance till the end of the affected Clinical Block. If signing up for 7 or more months of Clinical Blocks, then a 2 year “Certified Fellow Membership” is strongly recommended at the original time of enrollment. Members who enroll at least 9 months in advance of their first scheduled Clinical Block will be entitled to a grace period before AMS starts their membership. For these enrollments, Memberships will start 90 days prior to their first Clinical Block (scheduled at the time of enrollment, and will not change if Clinical Blocks are changed by member in any way). Additionally, AMS Membership is driven by mentorship and expert advice, therefore from time to time and at the sole discretion of AMS, AMS may require a Member to meet with an AMS representative to discuss and approve their desired or selected services or products (i.e. clinical placements), in order to ensure that these services or products will help the Member accomplish their goals. By failing or refusing to attend this meeting within 1 week, Member agrees to not hold AMS responsible for fulfilling their desired service or product requests.
Both AMS Members and AMS affiliated Clinical Sites (Supervisors) will be required to evaluate each other’s performances and the experiences provided.
Clinical Block(s) that a Member Approves AND has made a partial or full payment towards, with or without a signed Agreement, are customized products which have been designed and scheduled and reserved only for the Member who paid for them, and immediately submitted for reciprocal approvals by each corresponding Clinical Site. As such, these customized Clinical Block(s) products and services are listed as FINAL SALE, and immediately taken off the market for anyone else to enroll, meaning anyone else who requests for the same Clinical Block(s) is rejected. Additionally Clinical Block(s) are often scheduled back-to-back for various Members at the same Clinical Sites, therefore any changes will often cause varying degree of disruption to existing schedules. AS SUCH, MEMBER AGREES THAT REFUNDS DO NOT APPLY TO FINAL SALE PRODUCTS OR SERVICES SUCH AS CLINICAL BLOCKS, AND THAT HE/SHE IS NOT ENTITLED TO ANY REFUND OR CREDITS OR EXCHANGES IN CASE OF CANCELLATIONS OR NO-SHOWS OR ANY OTHER CHANGES CAUSED BY THE MEMBER, UNLESS EXPRESSLY PERMITTED IN WRITING BY AMS, SUCH AS CONDITIONALLY ENROLLED MEMBERS. However we understand that life happens, and unforeseen incidents may disrupt clinical Start Dates and intended residency timeline, so AMS MAY be able to help you keep or reschedule your upcoming CB estimated Start Date(s), or even make other more significant changes (i.e. changes other than Start Date, such as changes made to Specialty, General Vicinity, Product, Weeks, etc.), but that depends on many factors. By digitally signing this Agreement, AMS Member acknowledges his/her full understanding of how AMS determines if changes requested by its Members are possible or even feasible (as outlined below), AND agrees to 1) file a ‘Support Case’ at acmedical.org/support for any change requests, AND 2) pay any difference in weekly or daily Clinical Site fees (between the previous and new Clinical Site), AND 3) forego any and all promotions or discounts he/she received in association with the Clinical Block(s) being changed, AND 4) agrees that filing a ‘Support Case’ for change may halt all approval and processing requirements of affected Clinical Block(s), which may result in additional delays, AND 5) agrees to pay the following Change Fees prior to AMS working on his/her requested changes:
Controlled Clinical Blocks: Unless prior arrangements have been made between AMS and the Member IN WRITING PRIOR TO ENROLLMENT (not verbal, so make sure you ask for confirmation by AMS in writing, which shows that AMS accepted your enrollment knowing your particular circumstance), the following types of Clinical Blocks are “Controlled”, meaning they are the most unique and rare, hence the most difficult and expensive to change (most likely $250 to $500 or more/change, if even possible): Program Director (PD), Inpatient (IP), Hospitalist (HOSP), Verified (V), Subinternship (SI), Postgraduate Subinternship (PGSI) and ‘For-credit’. Therefore, not only are Controlled Clinical Blocks subject to AMS’ standard non-refundable policy as stated above, but despite genuine efforts, AMS may not be able to fulfill a Member’s request for a change (expedite or delay a start date, enroll in another specialty, move to another location) after a Member has enrolled (‘approved’ and ‘paid’) for that Controlled Clinical Block. Additionally, a Member enrolled in Controlled Clinical Blocks should not expect an AMS Credit on File (COF, more below) to be issued in any amount in the event that AMS is unable to satisfy a Member’s request for a change.
Cancellation Policy for Conditionally Enrolled Members Needing a Letter of Enrollment: Members pending a U.S. visa or sponsoring institution or school approval or entry into the U.S. may require supporting documents evidencing tentative enrollment into AMS and specific clinical sites. Such Members are considered “Conditionally Enrolled” and required to pay a deposit (typically Membership fee + 10% of total invoice + other fees) or up to the full fee of the CBs they have signed up for, and have all documents required for AMS Internal Credentialing (except proof of legal U.S. immigration status and proof of school approval) submitted and approved by AMS, in order to be issued an AMS Letter of Enrollment (LOE). Below are the only recourses available in case of a:
Policy for a Member ‘not feeling comfortable’ with a Physician or Clinical Site or Hospital: There may be many scenarios that could cause a person to not be comfortable attending a clinical site, i.e. neighborhood crime rates, or a physician or hospital having been named in a legal action (with or without a conviction). It is unfortunately not uncommon (and not difficult) for a US corporation, especially healthcare institutions, to find themselves in the center of an investigation, or having been named in a lawsuit. Although AMS conducts its own internal reviews of each of its affiliates prior to assigning its Member to those sites, we may have missed something that may be important to our Members. Please note again that Clinical Sites, hospitals, physicians and other supervisors are independent contractors (not employees) and therefore, AMS is not able to legally control what they do in the future (like an employer can), or any past actions or claims (known or unknown). As such, AMS always welcomes all Member driven updates and news about any of its affiliated Clinical Sites, hospitals and physicians (in the past, or actively in development), and takes the concerns of its Members at any of our Clinical Sites, hospitals or physician practices seriously, and conducts its own internal review of any claims brought to our attention prior to making any decisions on behalf of our Members about attendance, change, or issuance of AmeriClerkships Credit on File. AMS will: 1) Always assess the relevance of such historical claims to the services which its Member is enrolled in, AND 2) AMS will NEVER force any of its members to go to attend any clinical site he/she does not feel comfortable with. If the physician or Clinical Site was found by a court of competent U.S. jurisdiction to be guilty of a ‘criminal offense’ AND that crime is relevant to an AMS member’s clinical experience at that Clinical Site and with that physician (i.e. sexual misconduct or malpractice or general), then AMS will issue the AMS Member an AmeriClerkships Credit on File (all change and processing fees applicable to this one time event will be paid for by AMS), for AMS Member to be use towards another Clinical Site of a Member’s choosing (of equal or lesser value). However, if allegations against a Clinical Site, hospital or a physician did not result in a criminal conviction (i.e. not found guilty of a ‘criminal offense’, including cases which were ‘settled’ or ‘resolved’, or designated by any other status that falls short of having been convicted of a crime), then AMS will consider all publicly available facts from various sources (including directly from the Clinical Site, hospital or the physician) to establish its own facts and to draw any relevance to the services the AMS Member has enrolled with AMS to gain, prior to making a decision about the next course of action (which can range from issuance of no, to minimal, to partial, to full AmeriClerkships Credit on File with or without change and processing fees assessed, which may be used by AMS Member towards enrollment into other Clinical Site(s); in the rare scenario of AMS not being able to issue an AmeriClerkships Credit on File in such scenarios (i.e. a pre-paid or Controlled Clinical Block) AND the allegation(s) or convictions were found to be irrelevant to the service which AMS Member enrolled with AMS to obtain, AND the AMS Member is still ‘not feeling comfortable’ with attending that clinical opportunity, then the AMS Member agrees to forfeit the monies paid if they decide to not show up to the scheduled Clinical Site, or hospital or physician.
Under extenuating circumstances, such as the unavailability of a Clinical Site or Act of God, Members may be allowed to change their Clinical Site in order to start within a reasonable timeframe (within 4 weeks) from their original estimated Start Date (when available, AND if the situation has not been addressed in this Agreement), and be responsible for any Clinical Site fee differences. Fees are assessed per change, even if subsequent changes are caused by the original change requested by the member (i.e. changing the Start Date on first CB will cause a change to the 2nd CB’s Start Date, hence two change fees will be assessed and paid by the Member). Changes to Clinical Blocks must first be approved by member via MyClinicals, and any change fees must first be paid in order for AMS to begin work on such changes. Therefore Member agrees to make any and all change requests by 1) email, then 2) formulating an amicable possible solution with AMS that fulfills the requested change, then 3) immediately logging into his/her MyClinicals Account at https://myclinicals.acmedical.org page, and approving all changes, and if a Complete Program Change Fee is being assessed, 4) document the requested change by creating a case at acmedial.org/support, and 5) pay the invoice. Other examples of changes, no-shows, cancellations or downgrades are as follows:
Member acknowledges that changes made to any Clinical Block are destabilizing, and future options may be significantly different than what was first available to the Member at the time of original enrollment (including availabilities for specialties, Start Date, General Vicinity, locations, Clinical Features, etc.). As such, Member holds AMS harmless and will not request any further changes or ask for credit if he/she is not happy with the availabilities, or the changes that the Member requested to be made in the first place.
Clinical Site Permission Deposit (CSPD)
CSPD is a required deposit for the customized service of securing a SINGLE Clinical Block Start Date approval from any one of the Clinical Site options requested by a Member, which are deemed by AMS to be more challenging than normal to secure. Payment towards a CSPD is considered FINAL SALE immediately upon receipt by AMS, meaning Member agrees to give AMS 10 business days to confirm the details of a Clinical Block that the Member last approved online, and AMS agrees to begin working on the same immediately following a CSPD payment, and to notify the Member of the outcome of such efforts either by email or by way of a Letter of Intent (LOI). AMS places a significant amount of immediate and continuous resources into each CSPD and LOI processing and approval, therefore a CSPD fee is refundable only if AMS is unsuccessful at delivering ONE approved Clinical Block Start Date by the 11th day since CSPD payment. AS SUCH, MEMBER AGREES THAT REFUNDS DO NOT APPLY TO FINAL SALE PRODUCTS OR SERVICES SUCH AS CSPD, AND THAT HE/SHE IS NOT ENTITLED TO ANY REFUND OR CREDITS OR EXCHANGES IN CASE OF CANCELLATIONS OR NO-SHOWS OR ANY OTHER CHANGES CAUSED BY THE MEMBER, UNLESS EXPRESSLY PERMITTED IN WRITING BY AMS.
All Other Non-Clinical Block Products, Services and Memberships for Retail Members
All NON-Clinical Block products and services (such as hourly consultations, document revisions, mock interviews, accent reductions, expedited services, memberships, etc.) are customized to each Member, and AMS staff will begin rendering services towards paid invoices for NON-Clinical Block products and services almost immediately. Although AMS will work hard to gain the satisfaction of each of its clients, individual outcomes are not guaranteed and therefore, any fee paid in association with any NON-Clinical Block products and services are FINAL SALE. MEMBER AGREES THAT REFUNDS DO NOT APPLY TO FINAL SALE PRODUCTS OR SERVICES, AND THAT HE/SHE IS NOT ENTITLED TO ANY REFUND OR CREDITS OR EXCHANGES IN CASE OF CANCELLATIONS OR NO-SHOWS OR ANY OTHER CHANGES CAUSED BY THE MEMBER, UNLESS EXPRESSLY PERMITTED IN WRITING BY AMS.
Wholesale Vendors and Members are entities with whom AMS has agreements with in order to provide special services for. As such, refund and cancellation policies for such special entities vary greatly from “Retail Clients and Members” stated above, and must refer to their own individual agreements for details.
A Member may request to be issued a partial AMS Credit on File (COF) by providing a signed copy of his/her U.S. medical residency employment contract as a “first year Medical Resident” (PGY-1) in an ACGME or AOA accredited medical residency program located in the United States prior to the start of clinical block(s), and giving AMS full authorization to verify such medical residency contract. The Member may utilize the COF in accordance to the “Financial Credits Issued by AMS (Credit on File) as stated below. Fellowships, research positions, or residencies outside of the continental United States do not count.
AMS Credit Request Form: Member’s Responsibilities
It is the Member’s responsibility to complete the AMS Credit Request Form in order to initiate any of the above requests for downgrade/credit at https://www.acmedical.org/support/. Member must allow up to 8 weeks (and possibly more under extenuating circumstances, such as dispute resolutions, lost credit cards, closed bank accounts, etc.) for processing.
Financial Credits Issued by AMS (Credit on File): Any credit issued by AMS must be issued by AMS directly through completing a case online at acmedical.org/support, and will expire up to 36 months (but may be sooner) after the original date of issuance of such credit by AMS. AMS Credit on File (COF) may be used towards any AMS products and services, but may not be applied towards a new AMS Membership (COF may be applied to Membership Renewals), products and services discounted via a promotion, change fees, expedited processing fees, or fees associated with outside products and services (i.e. shipping & handling, notarycam.com, Personal Protective Equipment such as face masks, etc.); if used for private consultations, COF may only pay for up to 33% of the cost. Payments made towards change fees, expedited fees, Memberships or services rendered (even partially) are non-creditable events and AMS will not issue COF for such payments. Additionally, please note:
The Online Clinical Management System (My Clinicals: https://myclinicals.acmedical.org): Member is solely responsible for tracking his/her Clinical Schedule, messages & account status on My Clinicals. Member affirms that his/her My Clinicals login information has been provided by AMS. Member acknowledges that final confirmation of Clinical Blocks may take an unusually long time to complete, and be finalized just a few days or even hours prior to the estimated Start Date of each Clinical Blocks:
Electronic Communications: Member agrees to provide a valid email address to AMS, and that any communications sent by AMS to that address are to be considered received by Member. Any notice of any updated contact information of Member must be provided to AMS in the form and manner otherwise acceptable under this Agreement.
Credentialing: You are responsible for Internal Credentialing (for AmeriClerkships) and any External Credentialing (by various healthcare facilities who may permit you to enter their premises). There may be additional fees associated with certain External Credentialing requirements, which can vary from person to person, and you agree to be responsible for. Any delays on your end on External Credentialing may jeopardize the start of your scheduled clinicals, including possibility of cancellation without any recourse if AmeriClerkships is unable to meet specific deadlines due to any delays.
Consequences of Insufficient Communication by Member: From time to time, Members do not respond to the multiple attempts made by AMS, or fail to adhere to specific set deadlines (i.e. do not submit all required documents in time to allow AMS sufficient time to complete its enrollment and processing, OR not becoming Fully Enrolled Certified (FEC) prior to their set “Final FEC by Date”, etc.). This also means that AMS will not be able to certify the Member as properly enrolled, meaning that the Member’s Clinical Blocks will not be insured and his/her Start Dates may be affected. Potential scenarios and outcomes:
Sufficient responses is defined as a response that answers all of AMS questions, and allows for definitive decisions to be made by both AMS and the Member.
Clinical Block Start Dates Postponed to End of Membership: This is a measure taken and implemented by AMS (typically due to a Member’s insufficient response), in order to not completely cancel an at-risk Clinical Block enrollment. If this occurs, all AMS can assure a Members of at this stage is that it will do its best to accommodate a new postponed Start Date, specialty and total weeks when that Member contacts AMS; no other guarantees or promises can be made. When ready, the Member will be required to email AMS by no later than a predetermined claim by date, and AMS will let each Member know their options, and nationwide locations available at that time. Also when ready, Members will be required to log into their account at myclinicals.acmedical.org and approve all changes. Members will most likely have accrued unpaid fees (i.e. expired memberships, or Schedule or Program Change Fees), or may incur additional fees if the future clinical site selected is more expensive than the one he/she originally enrolled in. All fees will be discussed with Members and they must be paid in order for AMS to secure their Clinical Blocks. There will most likely be additional required documents requested when AMS hears back from the Member, and Member agrees to provide them promptly. AMS has no further obligations to service a Member if he/she does not agree to the above OR if he/she fails to meet ANY of the following requirements by 60 days prior to the predetermined claim by date:
Again, Members agree that if he/she does not meet the above requirements, or does not utilize the Clinical Block that they paid for within their initial Membership period, then their Clinical Block(s) will be marked as “Withdrawn/Dropped” and they will completely lose one or all of their Clinical Blocks. Other restrictions may apply, which will be discussed with Members when they respond back to AMS.
Nature of Insured Clinicals: Member hereby acknowledges and fully accepts the following: Member is hiring AMS to place them in Clinical Site(s), either “In-Person” or “Live Online” (remote attendance), that practice a specific specialty, and carry a certain “Clinical Feature” (i.e. amount of inpatient vs. outpatient, or Verified or not), on/about an estimated Start Date; no other placement guarantees are made. Member acknowledges and agrees that Start Date(s) and/or location(s)/General Vicinities are estimated and desired, and that they are milestones that AMS is being hired to work towards fulfilling to the best of its abilities by working with physicians and hospitals who function as independent contractors (i.e. not AMS employees or owned facilities), hence the final Start Date(s) and/or location(s)/General Vicinities (if “In-Person”; location is irrelevant for “Live Online” so long as the Attending Physician is practicing anywhere in United States or its territories) may change based on factors that are outside AMS control, such as hospital processing delays, supervising physician or clinical site unavailability, contract negotiations or cancellations, emergencies, etc. Therefore in case of a change to an “In-Person” or “Live Online” Clinical Block, AMS will provide the Member with the next closest (if “In-Person”) and earliest available Clinical Site Options List with up to 3 options for the Member to select from and approve, and the Member agrees to fully cooperate with AMS by selecting from one of the provided options. Additionally the Member agrees to hold AMS harmless for any costs incurred as a result of a change, or accepting the alternative options provided to the Member by AMS. It is always the intention of AMS to provide well-rounded experiences for our Members including both inpatient and outpatient exposures, as well as to rare opportunities to certain high profile clinical sites in order to improve chances for residency placement. However in doing so, Member acknowledges and accepts the risk that there may be certain challenges that AMS may not be able to overcome (i.e. Member not being able to communicate with patients in their language, or not feeling comfortable within certain neighborhoods or unfamiliar situations, or with the patients that their assigned supervising attending physician treats, or personality conflicts between the Member and any attending physician, etc.) and as such, the overall experiences may be different than what was originally intended during and Members agree to be fully cooperative with any such challenges. Furthermore each Member agrees to abide by and assist AMS in overcoming any known or unknown challenges, restrictions, hospital and/or clinical site policies, as well as state regulations whenever the need arises, including any additional fees required to remain in compliance with non-AMS entities. Members enroll in Clinical Blocks (CB) at any particular Clinical Site (CS). Below is a list of commonly used AMS terminologies and their definitions, however please note that AMS reserves the right to modify usage of any of these terms at its own discretion (such as the need to lessen emphasis on hospital exposure during COVID-19 pandemic):
Clinical Authorization Letter (CAL): AMS Member acknowledges that prior to the start of any student or resident type clinical rotation, AMS may request information regarding the named visiting student/resident (“Student”) clinical rotations/externships (“Rotation”) as well as the medical college/residency’s (“Medical Institution” or “Institution”) requirements for U.S. Rotations in the form of a CAL. This CAL must be completed by both the Student and an official at the sponsoring Medical Institution, unless a Student waives his/her rights (“Optional” within CAL). The purpose of a CAL is to ensure that: 1) AMS places Students in Rotations in accordance with an AMS approved CAL, and 2) Both Students & Medical Institutions know that several U.S. jurisdictions have limitations placed on visiting rotations by Students attending non-U.S. accredited Medical Institutions, and 3) Both Students & Medical Institutions are notified of their sole responsibility to remain in compliance with State Medical Board (SMB) rules & regulations for clerkships and future medical licensure, and 4) AMS will use a completed CAL to issue a Letter of Enrollment to Students, which outlines the nature, locations, specialties, facilities and dates of Student Rotations, and 5) The Student is responsible to remain in compliance with his/her school policies, and 5) The Student is responsible for sharing the AMS Letter of Enrollment with his/her Medical Institution for permissions or credits, and to allow the Medical Institution to obtain any necessary permissions from individual SMB (since SMBs will only work with Students or Medical Institution for school approvals & Clinical authorizations, and not AMS). AMS Member further acknowledges that he/she has been directed to visit acmedical.org/resources for help & more details. Option to Waive Right on CAL: In exchange for streamlining enrollment into AMS and its affiliated clinical sites, a Student may waive his/her right to Medical Institution completing a CAL. By doing so, the Student agrees to take full responsibility for 1) Selecting & approving Rotations through AMS, and 2) Securing any documents, signatures or verifications needed for or from my Rotations (i.e. clinical evaluations, state medical licensure applications, clerkship verifications by any entity, or other), and 3) Any outcome as a result of waiving his/her rights. Student also acknowledges that he/she shall fully defend, indemnify and hold harmless his/her Medical Institution and AMS from any and all claims, lawsuits, demands, causes of action, liability, loss, damages and/or injury, or any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury or wrongful death). This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, related costs or expenses, and any reimbursements to Medical Institution and AMS for all legal fees, expenses and costs incurred by it. In case of a dispute or discrepancy: Student/Member is responsible to ensure that all the details on his/her CAL match the details of his/her Clinical Blocks within his/her https://myclinicals.acmedical.org/myclinicals account login page.
Professionalism & Dress Codes: Members hereby agree to be a professional and appropriate at all times, and by entering into this Agreement agrees to the following requirements: 1) Member must NOT engage in any activity that would jeopardize the relationship that AMS has established with each supervising physician, hospital, residency program, from the beginning to end of their AMS Membership. 2) Member agrees to accept feedback (positive or negative), communicate professionally at all times, and treat everyone (i.e. AMS employees, physicians, clinical site employees, hospitals staff, etc.) with respect. 3) Member agrees to strictly adhere to any and all policies outlined in this Agreement, the AMS Clinical Orientation, and any other policies and orientations specific to each clinical site. 4) Member agrees to be in professional at all times: a “SHORT” white lab coat over professional dress (or scrubs, if acceptable by the clinical site) is acceptable; low rise scrub pants and rolling down the waistband of scrub pants is prohibited; hair should be clean, neatly trimmed, and contained in such a manner that it does not risk coming in contact with the patient or visitors. 5) Member should dress in the same manner as those who provide direct patient care, as specified by OSHA standards. 6) At all times Members must wear socks or stockings and shoes with impermeable enclosed toes. Shoes are constructed of an impervious, non-absorbent material, clean and in good repair. Shoes are to be closed toed, in good repair and no canvas shoes or flip flops. If Member’s clothing or uniform becomes contaminated with blood, body fluids, or hazardous chemicals, Member must exchange soiled clothing for scrubs, per Safety policy SA 60-10.02 Handling Contaminated Clothing. 7) Cologne/aftershave/perfume are not allowed in patient care areas. 8) Fingernails must be kept clean, well-cared for, and no longer than 1/4 inch from fingertip in length. 9) Artificial and long natural fingernails are not permitted. The definition of artificial fingernails includes, but is not limited to, acrylic nails, all overlays, tips, bondings, extensions, tapes, inlays, and wraps; nail jewelry is not permitted; nail polish, if worn, must be well maintained; chipped nail polish is not allowed. 10) Clothing needs to be clean and not wrinkled. Undergarments should not show. Chest should not show, even when leaning or bending over. No jeans/western cut pants, sweatshirts, and shirts of underwear type, see-through clothing, sleeveless shirts or any clothing which exposes a bare midriff, back, chest or underwear. Skirts must be knee length or longer. 11) Appearance must be clean and neat. 12) The Picture ID issued by the facility (if processed through the Security or Medical Staff Office, when applicable) is to be worn above the waist and in clear view when in clinical agencies. The following are NOT allowed:
Other Examples of Misconduct include (but are not limited to):
No Legal Advice: AMS is an independent entity designed to assist its Members with understanding and navigating the U.S. healthcare system by providing the services described above. AMS does not provide legal advice and will not be held responsible for decisions made by Members based on the services provided by AMS, as inadvertent errors can occur. Additionally, AMS may refer its Members to other entities, agencies or attorneys during this process, but this does not constitute a guarantee of the services that other entities, agencies or attorneys may provide. Members agree that AMS assumes no liability for any damages resulting from Memberships or services provided to Members, or for any referrals made, and that AMS is not guaranteeing any specific outcome(s). Members further understand and agree that AMS is not a law firm or broker, nor does AMS provide any legal or brokerage services. Although many topics may be discussed with Members, AMS is not offering any legal advice whatsoever, and Members are always encouraged to seek the advice of an attorney before and during their pursuit of healthcare education, as well as securing a career in U.S. healthcare.
General Release: As material part consideration for this Agreement, Member acknowledges that AMS utilizes independent contractors, such as physicians who supervise Members during their Clinical Blocks. Other than identifying, scheduling and ensuring that a Clinical Block has begun and ended generally as scheduled, AMS has no responsibility for ensuring that a Clinical Block is complete, or meets specific requirements of a particular residency program or a state medical board, or for delays or changes caused by factors beyond our control. AMS makes no warranties, express or implied, as to any matter whatsoever, and any and all warranties are expressly disclaimed and excluded. In the event any service provided by AMS fails to conform to the content of this Agreement (including negligence), and the failed service is not rectified by AMS after 2 attempts within 60 days of learning of the service failure, AMS may then offer to reimburse the Member the amount paid to AMS for that particular failed service. Except for this reimbursement, AMS and its officers, directors, employees and agents shall not be liable for any losses, liabilities or damages whatsoever, including, without limitation, any direct, indirect, consequential, incidental or special damages, arising from use of or reliance on services provided by AMS.
Copyright & Model Release: Member hereby grants the AMS Indemnities the irrevocable and unrestricted right to use and publish photographs or videos or audio of the Member, or statements made by the Member, in which the Member may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. Member hereby releases AMS and its legal representatives and assignees from all claims and liability relating to said photographs or videos or audio of the Member, or statements made by the Member, or uses thereof.
Disclaimer Regarding Recommendations Provided by AMS: Any recommendation or guidance provided are for informational purposes only, especially during uncertain situations (e.g. securing residency interviews after multiple USMLE failures) and rapidly changing circumstances (e.g. global pandemic due to COVID-19). Recommendations are intended to offer AMS Members guidance regarding best practices in US clinicals or residency or fellowship prep, however adherence to any recommendations provided by AMS will not ensure success, safety, or prevention of contracting a disease. Furthermore, any recommendations provided should not be interpreted as the standard of practice, or be deemed inclusive of all proper methods nor exclusive of other methods reasonably directed to obtaining the same results. The ultimate judgment regarding the propriety of any recommendation made by AMS must be made by the AMS Member in light of all the circumstances presented by the individual and in each city and state, and the known and unknown variability at each location; this includes the ultimate decision to voluntarily show up to an AMS Clinical Block that he/she enrolled in with AMS. Recommendations and conclusions reflect the best available information at the time they were prepared, hence the results of future studies may require revisions to the recommendations provided by AMS to reflect new data. As such, AMS does not and can not warrant the accuracy or completeness of recommendations and assumes no responsibility for any injury or damage to persons or property arising out of or related to any use of recommendations, for any errors or omissions.
Indemnification: Member agrees to defend and indemnify AMS Indemnities and hold AMS Indemnities harmless from all claims, actions, losses, liability, and demands, causes of actions, including reasonable attorney’s fees that may be realized due to Member’s acts, omission, negligence, gross negligence, willful misconduct, or violation of this Agreement.
Services that are Outside the Scope of this Agreement: Additional products and services may be added to this Agreement only through amendment, addenda, attachments, exhibits, pricing attachments, a statement or scope of work, r service level agreements in which various aspects of the work or project to be completed is described (hereinafter “Attachments”). Such Attachments must be counter signed by both Parties of this Agreement to be effective, and will be treated as “Exhibit(s)” to this Agreement upon such countersignatures.
Right to Remediate, or Withdraw Member from AmeriClerkships: Although uncommon, there are certain rare events that may cause AMS to have to remediate, or dismiss a Member from AMS and/or its clinical sites. With the Member agreeing to enroll with AMS and to be permitted to enter any U.S. healthcare facility comes the responsibility professionalism and a willingness to abide by all policies as set forth by AMS, individual physicians at their clinical sites, each individual hospital, as well as local, state and federal entities (including but not limited to HIPAA, licensed or unlicensed practice of medicine). By enrolling in AMS, Members agree to perform at a level that would be generally expected and acceptable of a person at his/her level of education, be professional, ethical and trustworthy, to never engage in activities or perform at a level which would cause any supervising healthcare professional (physician or otherwise) or clinical site or hospital representative to dismiss or fail, or cause to dismiss or fail him/her from a Clinical Block, or engage in activities mentioned in “Other Examples of Misconduct Include (but are not limited to)” section. AMS does not issue grades or credits, and being dismissed from a Clinical Block does not entitle the Member to any Credit on File or refund or right to reschedule into another Clinical Site, however at its sole discretion and depending on the severity of the situation, AMS may take reasonable corrective action(s), including (but not limited to) temporarily or permanently withdrawing a Member from any clinical site at any time, upon written notice by AMS. Member and/or his/her sponsoring institution (college, government, residency, etc.) will have the right to propose to AMS an immediate temporary actions to remediate and correct a situation where a Member’s actions endanger patient care or where, in the sole discretion of AMS the Member’s work, conduct, or health is deemed detrimental to patients or others, or if the Member has received a failing grade at anytime during or after an assigned Clinical Block or by way of a post-clinical evaluation completed by his/her healthcare supervisor(s); AMS, at its sole discretion, may accept, amend or deny such remediation proposal by Member, or offer its own actions to remediate and correct a situation, to all of which AMS Member agrees to cooperate and comply with. The decision to allow or deny an Member entry/reentry into AMS and/or any of its clinical sites is at the sole discretion of AMS. If after reasonable steps to remediate, and at the sole discretion of AMS, the concerns of AMS have not been fully resolved and/or satisfied, then AMS reserves the right to delay or withdraw or dismiss a Member from any upcoming Clinical Block and/or AMS all together, at which point AMS may or may not assess for issuing “Credit on File” that may only be used towards AMS services (excluding clinical placements) or be transferred to another qualified future Member of AMS who the dismissed Member refers to join AMS. In most cases, dismissal from a Clinical Site by a U.S. licensed physician that is supported by the dismissing physician’s reason(s) for a Member’s dismissal in writing, is a non-creditable event and considered a total loss for the Member. If it was agreed by AMS for the Member to repeat a Clinical Block which was not successfully completed, that Clinical Block is not subject to any discounts or promotions from its highest displayed weekly fee. Additionally if a Member agrees to an AMS proposed remediation plan, the Member is fully responsible for all fees associated with establishing such plan, including, but not limited to, hourly Remediation Management Fees which can range from $300 to $450/hour (a typical remediation plan can take 2 to 5+ hours to establish, evaluate, discuss with all stakeholders, and then apply and carry out, per Clinical Block), plus all costs associated with each Clinical Block in that remediation plan.
Entire Agreement/Non-Reliance: This Agreement AND any additional Attachments AND any future updated Agreements signed contain the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement, and supersedes and cancels all previous and contemporaneous written and oral agreements, understandings and negotiations with respect thereto. The Member agrees to sign any updates to this Agreement, either in part or as a whole new Agreement. Each party further agrees that it has not relied on additional oral or written promises, statements, or assertions not contained herein in executing this Agreement.
Assignments: Member hereby covenants & agrees that he/she may not assign his/her rights or obligations under this Agreement, either in whole or in part, and that any and all such attempts by Member to assign his/her rights under the Agreement shall be void. AMS may assign its rights and obligations under this Agreement without consenting Member.
Venue & Applicable Law: This Agreement is negotiated and entered into in, and shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to principles of conflicts of law and without application of choice of law principles. The parties to this Agreement hereby submit to the non-exclusive jurisdiction of the State and Federal Courts of the State of California, County of Orange, and each party waives personal service of any and all process upon it and consents that all such service of process be made by registered mail directed to its representative address located at https://www.acmedical.org/contact/, and service so made shall have be deemed to be completed five days after the same shall have been deposited in the U.S. mails, postage prepaid. Each party hereto waives any objection based on forum non conveniens, and any objection to venue of any action instituted hereunder, and consents to the granting of such legal or equitable relief as is deemed appropriate by the court or arbitrator. Nothing in this Section shall affect the right of the parties to this Agreement to serve legal process in any other manner permitted by law, or affect the right of any of the parties to bring any action or proceeding in the courts or any applicable arbitrations of any other jurisdiction.
Jury Trial Waiver & Agreement to Mediate: Each of the parties hereto hereby irrevocably and unconditionally waives, to the extent permitted by applicable law, any right it may have to trial by jury in any legal action or proceeding relating directly or indirectly to this Agreement or any other document or instrument related hereto and for any counterclaim therein. In the event a dispute arising out of or relating to this Agreement shall arise between the parties hereto, and the parties are unable to resolve the matter amongst themselves, the parties hereto agree to participate in at least (4) hours of private mediation. Mediation shall be administered in the County of Orange, State of California, by a sole mediator. If the parties are unable to mutually select a mediator, AMS shall nominate three potential mediators, and Member shall select one mediator from such group. All decisions made by a mediator are final and enforceable. Each party agrees to share equally in mediation costs. The failure of either party to comply with this mediation provision shall bar the noncompliant party from recovery of attorneys’ fees and costs as otherwise provided for in this contract.
Severability, Counterparts, Electronic/Digital Signatures: If any provision hereof is determined to be invalid, illegal, or unenforceable in whole or in part, neither the validity of the remaining part of such provision nor the validity of any other provision of this Agreement shall in any way be affected thereby. If this Agreement executed in counterparts, each is hereby declared to be an original; all, however, shall constitute but one and the same amendment. In any action or proceeding, any photographic, photostatic, or other copy of this Amendment may be introduced into evidence without foundation. The parties agree to accept a digital image (including but not limited to an image in the form of a PDF, JPEG, GIF file, or other e-signature) of this Amendment, if applicable, reflecting the execution of one or both of the parties, as a true and correct original. An electronic/digital signature is enforceable as is an “ink-signature” (ESIGN Act of 2000); IP addresses are recorded for every online transaction (CB reservation, approvals, change request, etc.).
Binding Agreement, Electronic/Digital Signature and IP Address Tracking: This Agreement is binding on and shall inure to the benefit of the parties hereto, their respective heirs, successors and assigns. Member hereby agrees that he/she has read and understood the policies set forth by this Agreement, and by electronically signing this Agreement, the Member certifies that all information and documents provided to AMS are truthful, accurate and complete, and agrees to start the AMS membership and clinical enrollment process.