patient waiver
1.SCOPE
1.1 Patient is seeking the Medical Procedure generally described as (“Medical Service” or “Medical Procedure”). Patient wishes to receive this Medical Procedure in a country not of their current residence (“Internationally”).
1.2 Cure Journey Portal trading as Doclinia.com’s screens every medical facility, doctor, and travel provider prior to offering it as an option to its Patients to help ensure the Patient receives quality service. Cure Journey trading as Doclinia.com presents options that are available to the Patient for the desired Medical Services and facilitates and coordinates various aspects of the process including but not limited to: medical accommodations, treatment facility, recruitment of certain doctors, and facilitates post-operative care. Cure Journey trading as Doclinia.com negotiates with medical service and related providers to optimize pricing and care for the Medical Procedure within its network of medical service providers.
1.3 For the purposes of this Agreement and with regard to the Patient, the parties acknowledge that Cure Journey Portal trading as Doclinia.com acts only to coordinate the Medical Procedure, the Patient seeks. Cure Journey Portal trading as Doclinia.com is not acting as a medical advisor, physician, or providing medical advice of any kind. Patient acknowledges Patient has or will consult with trusted, qualified medical professionals prior to traveling to receive, or engaging in, Medical Services. Patient acknowledges Patient has chosen the Medical Service and related accommodations independently and without influence from Cure Journey Portal trading as Doclinia.com.
1.4 Based on Patient’s choices, Cure Journey Portal trading as Doclinia.com works to create a Package that is comprised of service items, including, but not limited to medical services. Any services chosen by Patient are performed or provided by third parties independent of Cure Journey Portal trading as Doclinia.com. Cure Journey Portal trading as Doclinia.com only negotiates for the Patient so the Patient receives the benefit of Cure Journey Portal trading as Doclinia.com’s volume and wholesale pricing for their Package.
1.5 Patient chooses the service items to be included in their Package of services on Cure Journey trading as Doclinia.com’s website www.doclinia.com. Each of the Patient chosen service items are booked and arranged by Cure Journey trading as Doclinia.com to encompass all aspects of the travel, accommodations, and medical service. The Package does not, however, include incidental charges, meals, or similar expenses unless specifically stated herein.
1.6 Cure Journey Portal trading as Doclinia.com agrees to provide reasonable assistance to Patient throughout the travel period of the Medical Tourism Package to ensure a pleasant experience. Any disputes with third-party service providers are the full responsibility of the Patient, regardless of any assistance provided by Cure Journey Portal trading as Doclinia.com. Patient acknowledges third-party providers may include, but are not limited to the medical service providers, providers of lodging, or transportation providers. Patient hereby waives and releases Cure Journey Portal trading as Doclinia.com from all liability arising from complications or conflicts arising from third party providers.
1.7 Patient understands and acknowledges complications can arise from the Medical Procedure Patient has chosen, which can result in injury and/or death. Patient understand Cure Journey Portal trading as Doclinia.com has no control or influence over complications arising from the Medical Procedure. Accordingly, Patient hereby waives and releases Cure Journey Portal trading as Doclinia.com from all liability arising from or damages caused by the chosen Medical Procedure.
2.ESTIMATED COST
2.1 The total estimated price for the options outlined in Patient’s Package is indicative (“Estimate”). The Estimate is subject to change based on any additions or changes requested and agreed to by Patient in writing. The Estimate can change based on factors not within Cure Journey Portal trading as Doclinia.com’s control, including, but not limited to additional services engaged by Patient, patient’s case study, or changes to services. The Estimate can also change if complications arise, unknown conditions are discovered, or changes to the Medical Services. Changes to the Medical Tourism Package schedule or services, including cancellation of the Package, may also result in additional fees or costs. Any such additional cost or charges will be added to the Estimate.
2.2 Rescheduling of any or all of the Package is very difficult and will incur additional costs. If Patient requests to reschedule the Package, Patient must submit to Cure Journey Portal trading as Doclinia.com such request in writing at least twenty-five (25) calendar days prior to the original travel start date with an explanation why the rescheduling is required.
Failure to submit the rescheduling request within such time will result in forfeiture of Patient’s deposit. Cure Journey Portal trading as Doclinia.com may agree to allow the change or refuse the change in its sole discretion without dispute. Patient may be required to pay rescheduling costs and fees and may be required to submit an additional deposit before Cure Journey Portal trading as Doclinia.com will agree to reschedule the Package.
2.3 Cure Journey Portal trading as Doclinia.com will assist with payment arrangements which may vary depending on requirements of the medical service providers, other third-party service providers, or international travel requirements. The estimated price for the Package is due and payable before the start of travel for Patient’s Medical Services. Failure to timely pay may result in cancellation of a portion or the entire Package and may result in cancellation fees. The Patient agrees to pay all the amounts requested by the medical service provider before arrival to the Medical Service destination to cover any incidental expenses. Any arising expenses during the surgery or treatment will be covered by the patient upon arrival through a credit or debit card guarantee.
3.REQUIRED PATIENT INFORMATION
3.1 Patient will be required to complete paperwork and otherwise provide information to Cure Journey Portal trading as Doclinia.com, Medical Service providers, and other third-party service providers prior to start of travel for the Medical Procedure. Patient agrees to truthfully and accurately provide any such information, including execution of any and all medical releases, completion of all medical forms, and provide all health information required to engage in the Medical Services. Patient understands complete, accurate, and truthful disclosure of medical history, health information, or other information requested is necessary for engaging in travel or any Medical Services. Cure Journey Portal trading as Doclinia.com shall protect Patient’s information according to EU GDPR law protections or, in absence thereof, protect such information with no less than a reasonable degree of care.
3.2 Each international destination’s laws and regulations will vary, including, but not limited to, laws governing visas, passports, immunizations, and travel restrictions. Cure Journey Portal trading as Doclinia.com will provide information regarding such international requirements, but such information may not be complete. Patient understands and agrees it is Patient’s sole responsibility to secure the necessary passports, visas, governmental authorizations, immunizations, or any other requirements imposed by the legal jurisdiction Patient will travel through or destination. Patient’s failure to secure the proper travel documents may result in the cancellation of their package and forfeiture of their deposit. Cure Journey Portal trading as Doclinia.com shall have no liability for Patient’s failure to secure all such requirements.
4.WAIVER, INDEMNIFICATION AND ASSUMPTION OF RISK
4.1 Patient understands and accepts that all Medical Procedures may involve serious risks including injury and/or death and such risks are inherent and cannot be eliminated or completely avoided through exercise of any degree of diligence or care. Participant further understands and accepts that traveling internationally also involves serious risks which are inherent and cannot be eliminated through the exercise of any degree of diligence or care. PATIENT ACKNOWLEDGES THESE RISKS AND HEREBY AGREES TO ASSUME ANY AND ALL RISK ARISING FROM SUCH TRAVEL OR MEDICAL PROCEDURES.
4.2 To the maximum extent allowed by law, Patient waives, releases, and holds harmless Cure Journey Portal trading as Doclinia.com, as well as its shareholders, employees, representatives, heirs, assigns, and/or agents (“Released Parties”) from any and all suits, claims, proceedings, demands and/or incidents for medical complications, bodily injury, death, and/or property damage of any person or entity, including derivative claims of any kind for pain, suffering, loss of capacity, loss of earning, and/or loss of consortium (“Claims”), which in any way arise out of or in connection with Cure Journey Portal trading as Doclinia.com’s Services.
4.3 Further, to the maximum extent allowed by law, Patient shall defend and indemnify Released Parties from any and all such Claims.
4.4 The Parties mutually waive, release, and relinquish any claim or demand for consequential, special, punitive, incidental, and/or indirect damages of any kind, regardless of the factual basis or legal theory from which it arises.
5. MISCELLANEOUS
5.1 Patient expressly agrees that this Agreement shall bind Patient as well as each of its successors and assigns, including, but not limited to Patient’s family, assigns, estate, heirs, and personal representatives.
5.2 The Parties agree this Contract is severable and any provisions contained herein which are found to be null, void, and/or unenforceable shall be reformed to the maximum extent allowed under applicable law to further the intent of the offending provision or removed with all else in this Contract remaining effective.
5.3 Except for the warranties expressly set forth in this Contract, Cure Journey Portal trading as Doclinia.com does not make any other express or implied warranties or representations of any kind. All such other warranties and representations are hereby disclaimed.
5.4 This Contract shall be governed and construed in accordance with the laws of the UAE without regard to conflict of law principles. If any Claim arises out of this Contract or Cure Journey Portal trading as Doclinia.com’s Services, the Parties shall, as a condition precedent to arbitration, engage in mediation of any dispute, unless the Parties agree otherwise in writing. Any dispute which is not settled or disposed of by mediation shall be referred to binding arbitration. The arbitration proceedings shall take place in Dubai
5.5 No waiver of any provision of document shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.
5.6 This document constitutes the entire agreement between the Parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the Parties. No supplement, modification or amendment of this Contract shall be binding unless executed in writing by all
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