These Extended Terms and Conditions supplement and form an integral part of the signed Phlebotomy Services Agreement between LabVisits LLC (“Company”) and the Service Provider.
They set forth additional provisions regarding quality, privacy, payment, compliance, and operational standards applicable to the Service Provider’s participation in the LabVisits network.
By executing the Agreement and performing services under it, the Service Provider acknowledges and agrees to be bound by these Extended Terms and Conditions.
The Service Provider operates as an independent business entity and determines the manner and means of performing the Services. Patient scheduling and coordination shall occur either through the Company’s platform or, alternatively, through the Service Provider’s separate booking channels, as mutually agreed by the Parties.
The Company shall not control the Service Provider’s day-to-day operations or methods of service. The Service Provider shall maintain availability during the business hours communicated to the Company and shall fulfill all scheduled patient appointments promptly and professionally.
Nothing in this Agreement shall be construed to create an employment, partnership, or agency relationship between the Parties, and the Service Provider shall not represent itself as an employee or agent of the Company.
The Service Provider shall have no authority to bind the Company, incur obligations on its behalf, or represent itself as an employee or agent of the Company.
The Service Provider shall maintain all licenses, certifications, and permits required by applicable law to perform phlebotomy or specimen collection services within the jurisdiction in which the Services are provided.
The Service Provider shall provide the Company with current and accurate contact information, completed tax documentation (such as a Form W-9 or equivalent), and proof of professional training or certification upon request.
Appointments may be scheduled through the Company’s LabVisits platform or through approved partner booking channels. The Service Provider may accept or decline appointment requests at its discretion; however, once accepted, all appointments must be attended punctually and without cancellation except in cases of emergency or with prior notice to both the patient and the Company.
The Service Provider shall promptly notify the patient and the Company of any delays, cancellations, or other circumstances that may affect patient scheduling.
During all patient interactions, the Service Provider shall maintain professional attire, courteous communication, and a clean, organized environment consistent with healthcare industry standards.
The Service Provider shall adhere to all Company protocols regarding specimen collection, including proper tube selection, order of draw, labeling requirements (patient name, date of birth, date and time of collection, and initials), and maintenance of chain of custody.
The Service Provider shall ensure the safe and compliant disposal of all biohazardous materials in accordance with applicable laws and Company guidelines. Any needle-stick injury, contamination event, or other safety incident shall be reported to the Company immediately.
Collected specimens must be prepared for courier pickup or delivered to the designated processing laboratory within the time windows specified by the Company to ensure sample integrity and timely testing.
The goal of all specimen collections is first-attempt success.
A successful draw is defined as one that results in the patient’s test being fully processed by the designated laboratory and the patient receiving complete and valid results.
If a specimen is rejected or invalidated due to a laboratory error, the Service Provider shall nevertheless be entitled to full payment for that specimen as if it had been successfully completed.
If a specimen is rejected or invalidated due to a collection or handling error by the Service Provider, a redraw must be performed promptly and at no cost to the Company or the patient.
Refusal or failure to complete a required redraw may result in payment withholding, suspension of referrals, or termination of this Agreement. The Company may conduct quality reviews and require retraining or corrective action as a condition for continued participation.
The Service Provider shall comply with all applicable federal and state privacy and data-security laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH).
Access to patient information shall be limited strictly to the minimum necessary to perform the Services.
No patient data may be stored, copied, or retained beyond immediate operational needs, and all such data shall be deleted or securely destroyed upon completion of the related Services.
The Service Provider shall maintain full confidentiality of all patient and Company information and ensure that any subcontractor, assistant, or individual involved in performing the Services adheres to the same confidentiality, privacy, and security obligations.
Any unauthorized access, use, disclosure, or breach of Protected Health Information (PHI) must be reported to the Company within three (3) business days of discovery.
The Company may conduct announced or unannounced audits — onsite or remote — to verify compliance. Failure to correct any identified deficiencies within five (5) business days may result in immediate suspension or termination of this Agreement.
All patient data, records, and related information remain the exclusive property of the Company, and the Service Provider shall make no claim to ownership, control, or use beyond what is necessary to perform the Services. These obligations shall survive termination of the Agreement.
The Service Provider shall furnish all labor, tools, equipment, personal protective equipment (PPE), and supplies necessary to perform the Services, unless otherwise agreed in writing by the Company. Any materials, devices, or supplies issued by the Company shall remain the property of the Company and must be returned immediately upon termination of this Agreement or upon request.
The Service Provider shall be solely responsible for all taxes, withholdings, and insurance obligations arising from compensation received under this Agreement, and shall determine its own methods and schedules for performing the Services, subject only to general coordination for patient convenience.
Company shall pay Contractor $15.00 per completed and successful collection (the “Standard Rate”).
Notwithstanding the foregoing, the Parties may agree by email or other written electronic communication to a different rate or payment method for specified services or time periods, and any such written agreement shall modify only the payment amount/method as expressly stated therein; all other terms and conditions of this Agreement shall remain unchanged and in full force and effect.
In the event of any inconsistency between such written communication and this Agreement, the written communication shall control solely with respect to the payment amount/method for the identified services or period.
A collection shall be deemed successful only when the specimen is accepted by the designated laboratory and results in a fully processed and valid patient report.
Rejected or insufficient specimens are non-billable.
Redraws required due to Service Provider error are unpaid.
If the Service Provider declines to perform a required redraw, the Company may withhold payment for the associated draw, pause future referrals, or terminate this Agreement.
Invoices are paid twice monthly; on the 1st and 15th of each month by direct deposit (ACH).
If the Service Provider believes a payment is incorrect, the Service Provider shall notify the Company in writing within thirty (30) days of receipt for review.
The Service Provider shall maintain professional liability insurance appropriate for the services provided and shall provide proof of coverage to the Company prior to providing Services and upon renewal.
The Service Provider may promote and perform only those laboratory tests and services expressly authorized by the Company, using official Company materials, branding, and communication channels.
The Service Provider shall not solicit, market, or perform any testing or laboratory services that compete with the Company’s offerings for any patient, client, or partner of the Company during the term of this Agreement and for a period of twenty-four (24) months following its termination.
Any request for an exception to this restriction must be submitted in writing and approved in advance by the Company.
Either Party may terminate this Agreement without cause by providing fifteen (15) business days’ written notice to the other Party.
The Company may immediately deactivate or terminate this Agreement for misconduct, non-compliance with Company protocols, violation of privacy or data-security obligations, or any conduct that poses a risk to patient safety or to the Company’s reputation or operations.
Upon termination for any reason, the Service Provider shall promptly return all Company property, materials, and equipment and shall immediately cease any use of Company-branded or proprietary materials.
If this Agreement is terminated for any reason, the Service Provider shall not, during the term of this Agreement and for a period of twenty-four (24) months following its termination, directly or indirectly solicit, market, or perform any testing or laboratory services that are competitive with the Company’s offerings for or on behalf of any patient, client, referral source, or business partner of the Company, whether such relationship was established before or during the term of this Agreement.
The Service Provider shall indemnify, defend, and hold harmless the Company, its affiliates, officers, and employees from and against any and all claims, damages, liabilities, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) any act or omission of the Service Provider;
(b) any breach of this Agreement, these Extended Terms, or applicable law; or
(c) any injury, malpractice, negligence, or data breach occurring in connection with the Services.
This indemnification obligation shall survive the termination or expiration of this Agreement.
The Company’s total liability to the Service Provider for any claim, loss, or cause of action arising out of or relating to this Agreement shall be limited to the total amount of fees paid by the Company to the Service Provider during the three (3) months immediately preceding the event giving rise to the claim.
This limitation shall not apply to liability resulting from the Company’s gross negligence or willful misconduct.
All disputes, claims, or controversies arising out of or relating to this Agreement shall be resolved by binding individual arbitration conducted in Miami-Dade County, Florida, in accordance with the rules of the American Arbitration Association (AAA). The Parties agree that any arbitration hearing may be conducted remotely, via video conference, at the discretion of the arbitrator.
The Company retains the right to seek injunctive or equitable relief in any court of competent jurisdiction to prevent or remedy breaches of confidentiality, non-solicitation, or misuse of proprietary information.
Judgment on any arbitration award may be entered and enforced in any court of competent jurisdiction.
The Company may amend or update these Extended Terms at any time by posting a revised version at www.labvisits.com/terms and notifying the Service Provider by email.
By continuing to perform Services or accept appointments after such notice, the Service Provider shall be deemed to have accepted the updated terms. Unless otherwise specified, all updates shall take effect as of the date of posting.
Notices sent by the Company to the Service Provider’s last known email address on record shall be deemed received upon transmission.
The Service Provider acknowledges that this Agreement is non-exclusive. The Service Provider may provide services to other clients or entities, provided such activities do not conflict with or violate the terms of this Agreement.
The Service Provider may not assign, delegate, or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the Company. Any unauthorized assignment shall be void.
Any assistants, subcontractors, or personnel engaged by the Service Provider to perform the Services shall meet all applicable qualifications, comply with all standards set forth by the Company, and remain under the full responsibility and supervision of the Service Provider.
Neither Party shall be liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, government actions, strikes, power outages, or other circumstances constituting force majeure.
If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict-of-laws rules.
Electronic signatures, acknowledgments, and records shall have the same legal validity and enforceability as handwritten signatures or physical documents.
The Service Provider shall not, during the term of this Agreement and for a period of twenty-four (24) months following its termination for any reason, directly or indirectly make, publish, or cause to be made or published any statement, comment, or communication - whether oral, written, electronic, or otherwise - that could reasonably be expected to disparage, discredit, or damage the reputation, goodwill, or business interests of the Company, its affiliates, or any of their respective officers, directors, employees, contractors, clients, or partners.
This restriction applies to all forms of communication, including but not limited to social media posts, online reviews, press statements, emails, text messages, and private or public correspondence.
Nothing in this clause shall prevent the Service Provider from providing truthful information or testimony when required by law, subpoena, or governmental investigation, or from exercising rights protected under applicable law.