Any notices to be given under this Agreement shall be in writing, sent by registered or certified mail, postage prepaid, return receipt requested, or by facsimile followed by a confirmation letter sent as provided above, addressed to such party as specified below:
- a) Notices to Company:
P.O. Box 4362
Chattanooga, TN 37405
- b) Notices to Client: Shall be mailed to the address provided to Company on New Client intake form.
Notices sent in accordance with this Section shall be deemed effective on the date of dispatch. Any changes in the information set forth in this Section shall be upon notice to the other party delivered in the manner set forth above.
Medical Information. In certain circumstances Company will be provided with Protected Health Information (“PHI”) or, through the course of psychotherapy, will create medical records and other PHI. If you wish this information to be shared with your child’s school, you agree to execute the Authorization for Release of Medical Information.
7. Term and Termination. This Agreement will be for an initial term of one (1) year beginning on the effective date as executed above ("Term"), and shall automatically be extended for successive one (1) year periods. Either party may terminate this Agreement by giving written notice of at least thirty (30) days. The relationship under this Agreement may be terminated prior to the end of any yearly period by the death of representative of Company, the disability of Company representative resulting in the inability to perform the services, or by written notice from Company that, in Company’s sole determination any of the following has occurred:
- a. Client has refused to pay fees due from services rendered under this Agreement.
- b. Student leaves the school to attend another school location, which gives the Company the right to terminate treatment if new school is not a partner with Company.
i. Company will refund Cleint 80% of paid remaining balance if child should attend another school location due to described situation above.
- c. Family determines they would like to discontinue services
i. Company will refund Client 80% of paid remaining balance.
8. Authorization. Client hereby authorizes and gives permission to the Company and its employees and agents to meet with, speak with, consult, analyze, assess, and treat Child with or without Client or other parent present.
9. Notices. Any notices to be given under this Agreement shall be in writing and addressed to such party as specified in Terms and Conditions.
10. Governing Law. The parties agree that this Agreement shall be governed by, and construed in accordance with, the laws of the State of Tennessee.
11. Arbitration. Any dispute, controversy or claim arising out of or related to this Agreement or any services performed hereunder which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration in accordance with 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 arbitrators sitting in Tennessee, Hamilton County. 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 Tennessee. The decision of
the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. 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.
14. Attorneys' Fees. If either party incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and any court, arbitration, mediation, or other litigation expenses from the other party.
15. Entire Agreement. This Agreement constitutes the entire understanding between the parties, and supersedes all prior agreements and negotiations, whether oral or written. There are no other agreements between the parties, except as set forth in this Agreement. No supplement, modification, waiver, or termination of this Agreement shall be binding unless in writing and executed by the parties to this Agreement.