Client Consent
Terms and Conditions for Services (“Agreement”)
This Terms and Conditions for Services Agreement (“Agreement”) is effective on the date you sign up for an appointment at calendly.com/trickybills, by and between Tricky Bills LLC. (“Tricky Bills”), and the appointment invitee or “”client”.
Services. Tricky Bills provides education and consulting services to assist clients in understanding their medical bills, medical services, and health insurance as further set forth on trickybills.com (the “Services”).
Fees. The fees for the Services will vary depending on the Services provided and are set forth on trickybills.com. All Fees are due prior to Services being provided. Fees are non-refundable.
Client expressly understands, acknowledges and agrees as follows:
Tricky Bills will use its best efforts to clarify medical billing & health insurance questions, examine medical bills for accuracy, and identify potential savings, if any. Tricky Bills cannot guarantee any specific result, either in resolving a billing issue or in finding any health care billing errors or savings. You acknowledge and agree that Tricky Bills has not made any promises, representations or warranties related to the Services, the results of any billing review, resolution of any billing issue, or insurance coverage issues.
Tricky Bills is not providing any legal advice, legal work, or insurance broker services. Tricky Bills provides consulting and informational services around medical billing and health insurance only. Tricky Bills does NOT give medical advice, provide any clinical review, or make any diagnoses, or prognoses relating to any health care services you may have received.
As part of our Services,Tricky Bills may provide information and materials for informational and education purposes only. Such information and/or materials are not intended to serve as professional medical, insurance or legal advice and should not serve as a substitute for your own investigation.
You acknowledge and agree that Tricky Bills does not guarantee any saving or any specific outcome in connection with the Services.
Protecting your Privacy and Protected Health Information
Tricky Bills understands that information about your health and health care services are private. Tricky Bills is committed to protecting your privacy in accordance with all applicable state and federal laws. Tricky Bills will not obtain or receive any of your confidential health information without your express consent.
As part of providing the Services, Tricky Bill may request your authorization and general release in order to contact your insurer, healthcare service provider or billing agency. Tricky Bill will request that you execute the appropriate authorization form prior to contacting anyone on your behalf. In some cases, you personally may be required to contact your provider or insurer and authorize them to speak with us.
We will not use or disclose your confidential information without your consent and in accordance with applicable state and federal law.
Client Responsibilities. Clients may be asked to provide relevant information in connection with specific Services. This information may include a copy of a detailed medical bill, insurance EOB (explanation of benefits), medical history, claims denial letters, and/or other key documents. This information is required for Services to start and should be made available within 90 days of your initial appointment. Services can not be completed without this information. No refund of any Fees will be provided if Services are not provided due to Client’s failure to provide any required information.
Warranty. The services to be performed by Tricky Bills hereunder are in the nature of professional services and advice, Tricky Bills does not warrant in any form the results or achievements of any Services provided.
Limitation of Liability; Actions. IN NO EVENT SHALL TRICKY BILLS BE LIABLE UNDER THIS AGREEMENT TO CLIENT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. TRICKY BILL'S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY CLIENT TO TRICKY BILLS UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE AGREEMENT.
NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE ON AN OPEN ACCOUNT.
Term. This Agreement shall commence upon full execution hereof and shall remain in effect until all Services have been performed.
Governing Law; Dispute Resolution. This Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws principles. Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in Los Angeles County, California. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Delaware. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, but shall not be empowered to award consequential, indirect, incidental, special, exemplary, punitive or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement, except that a party may seek a preliminary injunction or other injunctive relief in any court of competent jurisdiction if in its reasonable judgment such action is necessary to avoid irreparable harm.
General. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. The parties may not amend this Agreement except by written instrument signed by the parties. No waiver of any right, remedy, power, or privilege under this Agreement ("Right(s)") is effective unless contained in a writing signed by the Party charged with such waiver. No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right. The Rights under this Agreement are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise. Client may not directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under this Agreement, voluntarily or involuntarily, without the prior written consent of Tricky Bills. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for the parties, their successors and permitted assigns, there are no third party beneficiaries under this Agreement. Any provision that, in order to give proper effect to its intent, should survive the expiration or termination of this Agreement, will survive such expiration or termination. All notices and other communications required or permitted to be given pursuant to this Agreement shall be delivered personally or sent by registered mail, postage prepaid, by a commercial courier service or by electronic mail to the address of such party set forth on the signature page. A confirmation copy of each notice shall also be sent by email. Notice shall be deemed given on the date delivered. This Agreement may be executed in counterparts.
In witness whereof, the parties hereto have executed this Agreement on the date set forth below.
TRICKY BILLS LLC
By:
Name:
Title:
Date:
Address:
BY YOUR SIGNATURE BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS PRESENTED ABOVE AND AGREE TO BE BOUND AND CONSENT TO THE TERMS OF THIS AGREEMENT.
CLIENT:
Name:
Date:
Address: