1. Indemnification, Hold-Harmless and Mandatory Arbitration Agreement: By clicking on the box below or utilizing any services provided by BeMindful Meds LLC, you agree that you have read this Indemnification and Hold Harmless agreement. This Indemnification and Hold Harmless Agreement is made effective immediately and lasts indefinitely in perpetuity. You agree to indemnify and hold harmless BeMindful Meds,LLC, its officers and employees of any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury, mental health issues, reactions to medication, relationship issues and/or wrongful death) whether brought by an individual or other entity, or imposed by a court of law of by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of the Licensed Nurse Practitioners, (LNP), Mental Health Licensed Nurse Practitioner, (MHPLNP), Doctors, Psychiatrists or anyone related to them, including family members, friends, counselors and mentors. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, mental health related fees and related costs or expenses, and any reimbursements to BeMindful Meds, LLC and their Officers and employees for all legal fees, expenses and costs incurred by it. Each Party warrants that the individuals who have signed this agreement by clicking the box below or utilizing the services rendered through BeMindufl Meds, has the actual legal power, right and authority to make this agreement and bind each respective party. You agree that No supplement, modification or amendment of this agreement shall be binding unless executed in writing and signed by both parties.
2. ATTORNEY’S FEES MEDIATION AND ARBITRATION. In the event of any dispute that may arise out of or in connection with this Agreement, or the breach thereof, which cannot be settled amicably by the parties, the parties’ sole and exclusive remedy will be binding arbitration. Such dispute shall be submitted for arbitration in Caspar, Wyoming before a single arbitrator agreed upon by the parties, or, if they are unable to agree, a single arbitrator appointed by American Arbitration Association (“AAA”). Such arbitration shall be governed by the commercial rules of the AAA. The arbitrator’s decision will be final and entered into any court of competent jurisdiction. The prevailing party will be entitled to recover its reasonable attorneys’ fees and costs in connection with such arbitration.
3. NOTICES. Any formal notice, approval, or request regarding this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes upon receipt only when sent via a nationally/internationally recognized overnight courier service, duly addressed and with proper postage, to the address set forth below or such other address as may be provided by the other party in writing for the purpose of receiving such notices. Either party may change its specified address by giving notice of such change in accordance herewith.
4. BeMindful Meds, LLC
312 West Second Street Suite # 5069 Casper, Wyoming 82601
A. AGREEMENT. This Agreement and Addendums constitute the entire agreement between the Parties hereto as to the subject matter hereof and supersedes any prior agreements or understanding relating to the subject matter.
B. AMENDMENTS. This Agreement may not be modified or amended except by a written instrument duly signed by both Parties hereto. This Agreement will be construed as though the Parties had mutually drafted it.
C. ASSIGNMENT. This Agreement will inure to and find the successors and assigns of the respective Parties hereto. Neither party hereto may sell, assign, transfer, pledge or encumber any of its rights or obligations under the terms of this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld. No such permitting assignment will relieve the party of its liabilities under this Agreement, including all payment obligations.
D. WAIVER. Any waiver by any party hereto or any breach of any kind or character whatsoever by any other party, whether such waiver be direct or implied, will not be construed as a continuing waiver of, or consent to, any subsequent breach of this Agreement on the part of the other party or Parties. No course of dealing or performance between the Parties hereto, nor any delay in exercising any rights or remedies hereunder or otherwise, will operate as a waiver of any of the rights or remedies of any party hereto.
E. SEVERABILITY. The provisions of this Agreement will be severable. It is the intention and agreement of the Parties that all of the terms and conditions hereof be enforced to the fullest extent permitted by law. No term or provision of this Agreement that is determined by a court of competent jurisdiction to be invalid or unenforceable shall affect the validity or enforceability of the remaining terms and provisions of this Agreement.