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3.Services: The Program shall include those services described in “Membership Benefits.”
<br />4.Relationship of the RST Providers: An RST Provider is an independent contractor and not an employee of
<br />DCAC or the Client. An RST Provider does not have the authority to act for, or to bind DCAC or the Client
<br />in any respect whatsoever, or to incur any debts or liabilities in the name of or on behalf of, DCAC or Client.
<br />RST Providers sign a contract with the DCAC and must agrees to maintain Provider’s licensure and shall
<br />immediately notify DCAC in the event Provider’s license to practice psychology, therapy, or counseling is
<br />canceled, suspended, or otherwise impaired or investigated by any licensing board.
<br />All services are to be performed solely at the risk of the Provider and the Provider shall take all precautions
<br />necessary for the proper performance thereof. Provider will maintain general liability and professional
<br />liability insurance coverage with minimum limits of $1,000,000/$3,000,000 with a duly licensed insurance
<br />carrier at all times during the term of the Agreement.
<br />5.Confidentiality: The Program will comply with all applicable state and federal HIPAA privacy rules.Clinical records are treated as confidential and will not be released. The DCAC will prepare and provide toClient customary quarterly statistical management reports, without disclosure of the identity of any
<br />Participant utilizing services.
<br />6.Force Majeure: No failure, delay or default in performance of any obligation of DCAC shall constitute anevent of default or breach of the Agreement to the extent that such failure to perform, delay or default arisesout of a cause, existing or future, that is beyond the control and without negligence of DCAC, including, but
<br />not limited to: action or inaction of governmental, civil or military authority; fire; strike, lockout or other
<br />labor dispute; war; terrorism; riot; pandemic; theft; flood, earthquake, or and other natural disaster.
<br />7.Liability Insurance: DCAC will maintain general liability and professional liability insurance coverage,each with minimum limits of $1,000,000/$3,000,000, with a duly licensed insurance carrier at all times
<br />during the term of the Agreement. Likewise, Client will maintain general liability and professional liability
<br />insurance coverage with minimum limits of $1,000,000/$3,000,000 with a duly licensed insurance carrier atall times during the term of the Agreement.
<br />8.Indemnify: Client will defend, indemnify, and hold DCAC harmless against any and all suits, claims,
<br />demands or liabilities arising out of or in any way connected with this Agreement except to the extent that
<br />such liability is the sole result of negligent acts of DCAC, its officers or employees. It is expresslyunderstood and agreed that the Client’s obligations to indemnify DCAC shall survive any termination of thisAgreement.
<br />9.Covered Participants: Participation is restricted to those elected by the Client from its staff. No family
<br />member, friend, or significant other is eligible for participation.
<br />10.Notices: Any notice required hereunder will not be effective, unless in writing, signed by an authorizedofficer of the Party delivering such notice, and sent by certified mail or recognized overnight carrier to the
<br />signatories below.
<br />Email address:
<br />12.Amendment: Any changes, additions, or deletions to this Agreement will not be considered binding or agreed to unless the modifications have been initialed or otherwise approved in writing by an authorized representative ofthe other Party.
<br />13.Relationship of the Parties: DCAC and Client agree that DCAC is an independent contractor and neither Partynor their respective employees or agents shall be deemed to be an employee of the other, nor shall thisAgreement be deemed to create a partnership, joint venture, agency relationship or other association betweenthe Parties hereto.
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