Section 1 - Exclusivity
1.1 During the Term of this Agreement, you agree to use RMG Management services as your exclusive method to enter into and pay compensation for any work agreement with a CMP obtained through the use of the Website maintained by Bridge, whether related to the job posting or any other contract position. This is not intended to imply that HCO would be precluded from entering into similar agreement with other companies similar to RMG. This exclusivity would only apply to a CMP referred to HCO through the website maintained by Bridge.
Section 2 - RMG Management Not a Staffing Agency
2.1 RMG is not a staffing agency. RMG does not control, influence or represent either the HCO or the CMP. Job postings, bid proposals, screening selections, contract discussions, performance of CMP services and HCO compensation for services rendered are solely and exclusively the responsibility of the respective CMPs and HCOs.
Section 3– Healthcare Organization Representations & Services
3.1.) HCO represents and warrants that the information you provide to RMG and/or Bridge is accurate and truthful and the individual signing this Agreement has full authority to contract on behalf of and to bind the HCO to this Agreement, and all incorporated terms and conditions.
3.2.) HCO grants RMG permission to validate all information provided by the HCO.
3.3.) HCO, through its agents or employees, will have access to and will utilize the RMG platform to post health care positions (Job Posts) and to recruit and contract with Contract Medical Professionals (CMP) who are registered on the platform.
3.4.) HCO understands and agrees that when the HCO contracts with RMG, the RMG Platform will create a HCO Profile that will contain all information submitted by HCO. The HCO Profile will be viewable by a CMP when the HCO opens an inquiry put forth by that CMP. Job Posts submitted by HCO will be viewable by solely those CMP enrolled in BMN and will contain only basic job information and requirements.
3.5.) When using the platform, recruiting and contacting CMPs, and posting job opportunities, HCO agrees to the following:
A.) HCO shall post only health care positions for which contract arrangements are actually available, either at the time of posting or within the time period specified in the post.
B.) HCO may solicit bids from or recruit registered CMPs for those positions the HCO has posted and which are current.
C.) HCO understands and agrees that once a health care position has been posted, basic information about the position will be viewable to those enrolled in BMN.
D.) A CMP may not bid on any position until they have submitted documentation to verify the CMP meets the minimum standards for practice in the CMP’s respective health care field and their personal identity has been validated.
E.) HCO understands and agrees that RMG does not employ the CMPs, but that the CMPs are to be considered self-employed contracted medical service providers. HCO understands and agrees that the health care positions posted (Job Posts) by HCOs will be viewable solely to the participants enrolled in BMN. RMG has no control over CMP’s bid decisions and cannot guarantee that any CMP who Bids on Jobs posted by you on the RMG platform will be available to you or any other HCO.
F.) You agree that should a CMP Bid on a Job Post placed by you and, subsequently, that job post for CMP’s services is accepted and agreed to, you will utilize the RMG platform to execute a Medical Services Agreement, to which RMG will be a third-party beneficiary.
G.) HCO understands and agrees that all bids submitted by CMPs on HCO Job Postings are non-binding bids subject to further discussion and interviews between HCO and the CMP. The MSA will be a binding contract upon execution by both HCO and CMP.
H.) When HCO opens a bid submitted by a CMP on a Job Posting, HCO shall have access to the information submitted by that CMP’s registration of their account. Throughout the discussion, negotiation, and interview process and through the full term of an active MSA contract, the platform will allow both you and the CMP to review these documents and request further documentation as necessary for execution or continuation of the contract. HCO agrees that it will not provide CMP’s information to any third party without CMP’s express consent.
I.) In the event HCO and CMP execute an MSA for a posted health care position and the CMP begins services pursuant to the MSA, HCO agrees to remit payment on the CMP’s invoice, only and exclusively, through the RMG payment system.
J.) RMG, by way of BMN, utilizes a third-party payment service to process the payment of CMP invoices. It is RMG’s goal that any such service will process payments as they are received and that any delay between transmittal of payment by the HCO and remittance of payment to CMP will not be permitted and any late payments will be subject to penalties in accordance with this Agreement.. Notwithstanding said goal, RMG shall not be liable for any delay between transmittal and remittance that is beyond its control.
K.) If, after completion of an MSA, you and CMP desire to extend the duration of the existing MSA Contract Term, you agree to update the agreed-upon MSA contract extension Term (as defined therein) using the Shared Platform.
M.) If, at any time during the MSA Contract Term or within 9 months after the termination of the MSA, HCO and CMP enter into a permanent employment arrangement, you agree that RMG shall be entitled to receive a fee equal to 25% of CMP’s gross annual salary. HCO shall notify RMG of the conversion to permanent employment and the agreed upon annual salary and HCO shall remit payment of RMG’s fee within 14 days of the effective date of such conversion.
N.) HCO agrees that it will use RMG’s services in good faith, that it will not attempt to circumvent the RMG platform and that HCO will not hire or contract with any CMP it identifies through the use of the RMG platform outside the RMG platform; nor will HCO encourage, induce or otherwise facilitate CMP to do so.
O.) HCO agrees to notify RMG immediately if another person improperly contacts you or suggests making or receiving payments outside the Shared platform. HCO understands and agrees that the MSA is intended as a contract for independent contractor services.
Section 4 – Misuse of RMG Services
4.1.) You specifically agree that HCO will not (i) misuse the RMG Site or Services provided by RMG, (ii) will not post any content to mislead or harm other Users or (iii) interfere with the services provided by RMG. Without limiting the foregoing, you specifically agree that you will not:
a. post a false or misleading job position nor upload inappropriate or misleading content to your profile pages;
b. breach or circumvent our systems, policies, or determinations of your account status;
c. use our Services if you are not able to form legally binding contracts on behalf of the HCO.
ABOUT RMG MANAGEMENT
A full-scale management company for healthcare facilities and service providers that utilize independent medical professionals.
210 East 68th Street, New York, NY 10065
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