This agreement (this “Agreement”) is between Animal Health Alliance L.L.C. (“Animal Health”) and (“Practice”). Under the Animal Health program (the “Program”), holders of the Animal Health card (“Card
Holders”) receive a 25% reduction on veterinary services provided by veterinary practices that participate in the Program. Practice agrees to participate in the Program. Animal Health will immediately add Practice to its list of participating practices that it provides to its Card Holders, as well as on its website.
Animal Health will be responsible for all marketing of the Program.
By participating in the Program, Practice agrees to provide Card Holders a 25% reduction off of Practice’s usual and customary fees for veterinary medical services and products administered in the Practice. Usual and customary fees includes fees charged to other groups that any pet owner may join to whom Practice provides reductions on an ongoing basis.
However, by participating in the Program, Practice is not obligated to provide a reduction on:
· any products the patient will administer at home such as medications, food, and flea or heartworm preventatives;
· non-medical boarding and grooming;
· outside laboratory or other facilities or tests; or
· specials, such as coupons or special sales.
Card Holders are solely responsible for all payments to Practice, and Animal Health is not liable to Practice for any such payments.
Practice represents that all of its practicing veterinarians are duly qualified, licensed, DEA approved and insured to practice veterinary medicine.
Either party can terminate this Agreement at any time by giving written notice to the other party.
However, Practice agrees to honor the Animal Health reduction card for at least ninety days after such termination.
Animal Health and Practice are separate entities. The sole relationship between Animal Health and Practice is for the purposes set forth in this Agreement.
MISCELLANEOUS
A) This Agreement constitutes the entire agreement between Animal Health and Practice with regard to the subject matter hereof, superseding all prior understandings and agreements whether written or oral. This Agreement may not be amended or revised except by a writing signed by the parties.
B) No waiver of any provision of this Agreement or the performance thereof shall be effective unless in writing signed by the party making such waver or shall be deemed to
be a waiver of any other provision or the performance thereof or of any future performance.
C) The rights and obligations of Animal Health hereunder will be binding upon and run in favor of the successors and assigns of Animal Health.
D) This Agreement shall be governed by the internal laws of the State of [Ohio] without regard to the principles of conflicts of law or where the parties are located at the time a dispute arises.
E) In any dispute concerning this Agreement, the non-prevailing party shall be liable to the prevailing party for all costs and expenses, including reasonable travel costs and attorney fees.
F) I understand this is a legally binding agreement.
G) Practice agrees to indemnify and hold harmless Animal Health Alliance, LLC, its officers, shareholders, directors, members and employees from and against any and all costs, expenses, attorneys’ fees, suits, liabilities, judgments, damages, and claims in connection with the Practice and the treatment of animals by Practice.
H) Nothing in this Agreement shall be deemed in any way to create between the parties hereto any relationship of partnership, joint venture or associated, and the parties hereby disclaim the existence thereof.
