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                                                                                                                             PATIENTFI, LLC

This Provider Agreement, by and between PatientFi, LLC, a Delaware limited liability company with offices at 15635 Alton Parkway, Suite 160, Irvine, CA 92618 (“PatientFi”), and the undersigned healthcare provider (the “Practice”), is entered into and made effective as of _________________ (the “Effective Date”). PatientFi and the Practice are each a "Party" and together they are the "Parties" in the Provider Agreement. 
PatientFi has developed a program that allows healthcare providers to offer payment plans to patients who want to finance healthcare goods and/or services they obtain from the Practice (the "Program"). The Program uses cloud-based tools and a web-based system administered by PatientFi (the “System”) through which:  (1) patients can enter into unsecured retail installment contracts with the Practice for servicing and/or purchase by PatientFi (each, a "RIC" or a "Patient Contract"); and (2) patients can access or enter into lending agreements with third party lenders or PatientFi, for purposes of obtaining unsecured installment loans or revolving line of credit accounts to purchase healthcare procedures from the Practice (each, a “Loan”), as evidenced by a promissory note or line of credit agreement payable to and serviced by the lender or account provider (each, a “Loan Agreement”).
The “Provider Agreement” between the Parties is made up of and includes the following documents, to the extent they are attached to this signature page for the Provider Agreement, or they incorporate this Provider Agreement by reference:  
  (a) the Service Agreement; 
  (b) the Confidentiality and Information Security Agreement; 
  (c) the Business Associate Agreement; 
  (d) the Web Software Services Agreement; 
  (e) the Patient Contract Purchase and Sale Agreement; and 
  (f) the Program Fee and Contract Purchase Schedule (provided separately). 
The terms of the Service Agreement shall control in the event of any conflict between terms in the Service Agreement and terms in the Web Software Services Agreement or in the Patient Contract Purchase and Sale Agreement. In the event of any conflict between the Service Agreement terms and terms of the Confidentiality and Information Security Agreement, the terms of the Confidentiality and Information Security Agreement shall control. In the event of any conflict between the terms of the Service Agreement terms and the terms of the Business Associate Agreement, the terms of the Business Associate Agreement shall control. 
The Practice is requesting Program access and a System license the Practice and its patients can use for access to Patient Contracts and Loan Agreements, subject to the terms and conditions of the Provider Agreement.  
By signing below, the Practice agrees to and shall be bound by the terms of the Provider Agreement and the referenced agreements, exhibits and schedules, as such may be amended from time to time in accordance with their respective terms. The Practice also agrees with and shall be bound by the conditions and terms of use found on PatientFi’s website regarding the System and Services, all of which shall become binding and effective with regard to the Practice after it has been issued a username, password(s), and credentials required to use the System and otherwise been activated and accepted by PatientFi for use of the System, as such may be amended from time to time in accordance with their respective terms. 
Each Party may sign this Provider Agreement where indicated below in one or more counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same Provider Agreement between the Parties.
IN WITNESS WHEREOF, intending to be bound by the terms hereof, the Parties have caused this Provider Agreement to be executed under seal by their duly authorized representatives and made effective as of the Effective Date shown in the first paragraph.
PATIENTFI, LLC

X _____________________
Date __________________
By:____________________________________________
Its:________________________________________


X _____________________
Date __________________
By:____________________________________________
Its:________________________________________

Address:


                                    SERVICE AGREEMENT
This SERVICE AGREEMENT (the “Agreement” or “Service Agreement”) is attached to and incorporated as part of the Provider Agreement by and between PatientFi, LLC (“PatientFi”) and [______________________________] (the “Practice”), made effective as of [________________________________] (the “Effective Date”). PatientFi and the Practice are each a "Party" and together they are the "Parties" in the Agreement. This Service Agreement may be amended from time to time, in accordance with its terms. Capitalized terms used but not otherwise defined by this Service Agreement shall have the same meaning as in the Provider Agreement or other referenced agreements that make up the Provider Agreement.
PatientFi has developed a program that allows healthcare providers to offer payment plans to patients who want to finance healthcare goods and/or services they obtain from the Practice (the "Program"). The Program uses cloud-based tools and a web-based system administered by PatientFi (the “System”) through which: (1) patients can enter into unsecured retail installment contracts with the Practice for servicing and/or purchase by PatientFi (each, a "RIC" or a "Patient Contract"); or (2) patients can access or enter into lending agreements with third party lenders or PatientFi, for purposes of obtaining unsecured installment loans or revolving line of credit accounts that patients may use to purchase healthcare procedures from the Practice (each, a “Loan”), as evidenced by a promissory note or line of credit agreement payable to and serviced by the lender or account provider (each, a “Loan Agreement”). The Practice wants Program access and a System license to originate and manage Patient Contracts and to allow patients access to Loans, to the extent available and supported by PatientFi. This Service Agreement sets forth the terms and conditions under which PatientFi will provide the Practice with System access and certain services connected with the Program.
Now, therefore, in consideration of the mutual covenants and promises contained in this Service Agreement, the Practice and PatientFi agree as follows:


  1. PATIENTFI SERVICES AND FEES
In exchange for the Practice’s agreement to the terms of this Service Agreement and payment of amounts required by the Program Fee and Contract Purchase Schedule, PatientFi will grant the Practice a non-transferable, non-exclusive license to use the System and will provide the services described in this Section according to the terms and conditions of this Service Agreement (the "Service" or the “Services”). The Practice understands and agrees the terms of this Service Agreement, including the Services and fees required by the then current Program Fee and Contract Purchase Schedule, may be amended from time to time in accordance with Section 8(n) of this Service Agreement.
  (a) Onboarding services 
      (i) Qualify the Practice for inclusion in the Program and access to electronic fund transfers through the automated clearing house ("ACH") network using a third-party payment processor designated by PatientFi
      (ii) Provide the Practice with access to the System, including the provision of unique access codes
      (iii) Provide Practice staff with access to webinar training demonstrations and training materials on:
        (A) inputting pricing for treatments and procedures offered by the practice
        (B) taking credit applications
        (C) financing transactions
  (b) On-going services 
      (i) Maintain the System
      (ii) Provide the Practice with monthly reporting to track activity
      (iii) Provide access to ongoing training for the Practice personnel regarding any modifications to the Program or the System
      (iv) Remit or apply Loan proceeds as directed or agreed to by the Practice
  (c) Service Functionality:
      (i) Throughout the Agreement term, use of PatientFi’s proprietary credit underwriting software to score patients and provide credit pricing on behalf of the Practice. Credit underwriting may include a FICO score pull from TransUnion, banking data pull, fraud detection, income verification and auto-payment set-up. 
  (d) Fees; Advances
      (i) The Practice agrees to pay the amounts required by the then current Program Fee and Contract Purchase Schedule, in return for the System license, Program access, and Services provided by PatientFi. 
      (ii)  PatientFi may, from time to time, in its sole and absolute discretion, make advances to the Practice for Loan proceeds payable by third party lenders. In any such instances, the Practice agrees to repay any such advances made by PatientFi in full, promptly after Loan proceeds from such third-party lenders are received by the Practice or any agent of the Practice. 
  2. PRACTICE RESPONSIBILITIES
  (a) Hardware, Software and Telecommunications. The Practice is responsible for obtaining and maintaining all hardware, software (and related licenses) and communications equipment necessary to access and use the Services and for paying all third-party access charges (e.g., ISP, telecommunications) incurred while using the Services. The Practice agrees it has been advised of and can comply with all minimum networking, hardware, software (and related licenses), firewalls and/or environmental conditions, and communications requirements applicable to the Services.
  (b) Actions of End Users. The Practice is solely responsible for its actions and the actions of its end users while using the Service and for the contents of its transmissions through the Services. The Practice shall ensure all end users of the Service comply with the Practice’s obligations under this Service Agreement. The Practice agrees: 
      (i) to abide by all laws relating to the Practice’s use of the Services, including without limitation all laws regarding the transmission of Protected Consumer Information (as herein defined) and export control laws;
      (ii) not to upload or distribute files intentionally that contain viruses, malicious files or other harmful code or any other similar software or programs that may access or damage the operation of the Services or another's computer or other devices;
      (iii) not to interfere with or disrupt the Services, the data contained in the Services or networks connected to the Services intentionally;
      (iv) not to send or store obscene, threatening, libelous or otherwise tortious material intentionally, including material harmful to children or violative of third party privacy rights, and not to use the Service to engage intentionally in any activity that infringes, dilutes, misappropriates, or otherwise violates the Intellectual Property Rights of others;
      (v) to comply with all regulations, policies and procedures of networks connected to the Services;
      (vi) not to attempt to gain unauthorized access to the Services or its related systems or networks; 
      (vii) to notify PatientFi promptly of any unauthorized use of any password or account or any other known or suspected breach of security; and 
      (viii) to take commercially reasonable measures to prevent fraudulent activity by:  (A) all employees, agents, service providers and representatives of the Practice; and (B) all individuals who apply for or obtain Program financing through Patient Contracts or Loans. 
  (c) Passwords and Access. 
      (i) The Practice shall maintain control over and the confidentiality of all end user login IDs, usernames, passwords, and other access credentials for the Service, whether provided by PatientFi or selected by the Practice.
      (ii) The Practice is responsible for all use of the Services by those who have access to the Services through the Practice (directly or indirectly), except to the extent unauthorized use of the Service credentials is caused by PatientFi’s failure to comply with the Agreement’s security requirements.
      (iii) The Practice agrees that any employee(s) or representative(s) the Practice designates through the System or otherwise as a “Super Administrator” shall be individually authorized to designate other Practice employee(s) and representative(s) authorized to use the System, as evidenced by the establishment and maintenance of end user login IDs, usernames, passwords, and other access credentials for the Service.
      (iv) The Practice and its designated Super Administrator have the right and the duty to notify PatientFi through the System about any decision made by the Practice to revoke or cancel the right or ability of any current or former employee or representative of the Practice to use a login ID, username, password and other access credentials for the Service.
      (v) The Practice agrees that PatientFi shall have a reasonable period of time, at least three (3) business days after receiving a revocation or cancellation notice through the System from the Practice and its Super Administrator, to process any such request to revoke or cancel any person’s right to use any login ID, username, password and other access credentials for the Service.
      (vi) The Practice is solely responsible for any and all activities that occur under the Practice's account and all agreements made through or charges incurred for use of the Services accessed with the Practice's end user IDs, usernames or passwords.
  (d) Customer Identification
      (i) The Practice must request a form of government-issued identification, approved by PatientFi, from each individual who requests Program financing through Patient Contracts or Loans, whether as a Patient, a cosigner, or in any other capacity. The forms of government-issued identification currently approved for use with the Program are:  (A) a state-issued driver’s license (preferred) or other form of state-issued identification card that includes a photograph; (B) a U.S. passport; (C) U.S. military identification; (D) tribal identification; (E) a non-U.S. passport issued by an identified country of issuance, with a corresponding number; (F) a government-issued alien identification card; or (G) a government-issued visa travel document that includes a photograph. 
      (ii) The Practice must inspect the photograph and other identifying information from an approved form of government-issued identification to determine whether they match the appearance and identifying information of the Patient, cosigner, or other individual, before they request Program financing. If the Practice identifies, or reasonably should identify, a discrepancy between the physical appearance and identifying information of any such Patient, cosigner, or other individual and their approved form of government-issued identification, the Practice shall not assist or allow any such individual to request and obtain Program financing and the Practice must promptly notify PatientFi about any such determination made by the Practice.
  3. ADDITIONAL REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE PRACTICE.
  (a) The Practice represents and warrants to PatientFi as of the Effective Date of this Service Agreement, the date of each Patient Contract, and in each instance in which the Practice accesses the Service that:  (i) the Practice and/or each physician, surgeon or medical professional performing healthcare services on behalf of the Practice is duly licensed by and in good standing with all applicable medical licensing and oversight bodies; (ii) the Practice has obtained or will obtain, before undertaking any act for which registration or licensure is required, all required registrations or licenses required to originate Patient Contracts as contemplated hereby; (iii) the Practice has had the benefit of counsel in reviewing this Service Agreement and the obligations of the Practice created hereby and in connection with the origination of Patient Contracts; (iv) information provided by the Practice to PatientFi, which it used and will continue to use for permitting access to the System and Services, is true, correct and complete in all respects; and (v) the Practice read, understands and will comply with the terms and conditions of this Service Agreement. 
  (b) The Practice agrees that PatientFi is authorized to obtain credit report and background information about the Practice and its principals from third party sources before and after the Effective Date and use it to evaluate and verify the qualifications and experience of the Practice and its principals. The Practice may ask whether PatientFi requested any such credit report or background information and, if it did, will be informed of the name and address of the credit reporting agency or other source furnishing such information to PatientFi. The duly authorized officer of the Practice signing the Agreement authorizes PatientiFi and its designated service providers to obtain and use such credit report and background information for this stated purpose. 
  4. TERM AND TERMINATION
The Agreement term shall begin as of the Effective Date and continue in full force and effect for a period of twelve (12) months, unless earlier terminated in accordance with this Section. The Agreement shall be renewed for successive terms of 12 months each without further action by the Parties, but may be terminated by either Party after it gives a 30-day advance written notice of termination to the other Party. Notwithstanding the previous termination rights, any termination notice given while there are Patient Contracts outstanding will serve only to terminate the Practice's right to access the System and place new contracts into the Program. All other provisions shall remain in effect until such time as the Practice no longer has any Patient Contract in the Program.
  5. PATIENTFI’S INDEMNIFICATION OF PRACTICE
PatientFi agrees to defend and hold harmless the Practice and its affiliates, and each of their officers, directors, employees, successors, assigns (each, a "Practice Indemnified Party"), from and against any claim by a third party (each a "Claim"), to the extent such Claim alleges the System, the Program or the Services, when used as contemplated hereby and in accordance with any documentation or instructions provided by PatientFi violates any consumer protection or other similar law, rule or regulation relating to the RICs and the origination or servicing thereof (each a "Covered Claim"). PatientFi agrees to indemnify the Practice Indemnified Party from any losses, costs, and expenses of any kind including, without limitation, reasonable attorneys’ fees, incurred or suffered by the Practice Indemnified Party in connection with a Covered Claim. PatientFi's obligation to indemnify, defend and hold harmless any Practice Indemnified Party is contingent upon and subject to: (a) the Practice's prompt written notification to PatientFi of any Claim thought to be a Covered Claim and, where permissible by regulation, details thereof; (b) the Practice and the Practice Indemnified Party's reasonable assistance (at PatientFi's expense) in the defense or settlement of the Covered Claim; and (c) the Practice Indemnified Party's not making any admission prejudicial to the defense of the Covered Claim. PatientFi shall have no obligation to indemnify a Practice Indemnified Party or pay any amount in compromise or settlement of any Claim negotiated by the Practice or a Practice Indemnified Party without the notification to and input from PatientFi anticipated and required by the preceding sentence. In any event, the Practice, for itself and each Practice Indemnified Party, agrees to take all reasonable steps to mitigate any Covered Claim and any amounts subject to indemnity hereunder. PatientFi's total, aggregate liability under this Section for any and all Covered Claims hereunder shall in no event exceed the total amount of fees the Practice paid to PatientFi hereunder in the twelve-month period immediately prior to the event or action giving rise to the Covered Claim(s). PatientFi shall have no liability for damages in the form of fines or penalties imposed on the Practice or any Practice Indemnified Party by a federal or state regulatory agency during the term of this Service Agreement arising from or relating to (i) fraud, willful misconduct or gross neglect on the part of the Practice, any Practice Indemnified Party or any patient of the Practice, and (ii) invalid or incorrect data input into the System by the Practice, any Practice Indemnified Party or any patient of the Practice.
  6. LIMITATION OF LIABILITY
  (a) Limitation of Liability.  SUBJECT TO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 6 AND, WITH RESPECT TO PATIENTFI'S INDEMNIFICATION OBLIGATIONS TO THE PRACTICE, SECTION 5, THE TOTAL, AGGREGATE LIABILITY OF A PARTY FOR ANY AND ALL CLAIMS HEREUNDER FOR ANY REASON SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY THE PRACTICE FOR (1) THE PRECEDING 12 MONTHS OR (2) THE THEN-CURRENT TERM (OR RENEWAL TERM, AS THE CASE MAY BE) FOR THAT SPECIFIC SCHEDULE, WHICHEVER IS LESS.
  (b) Disclaimer of Consequential Damages.  IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY LOSS OF PRODUCTION, LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF BUSINESS OR OF REVENUES, LOSS OF OPERATION TIME, WASTED MANAGEMENT TIME, LOSS OF GOODWILL OR REPUTATION, IN EACH CASE WHETHER CAUSED DIRECTLY OR INDIRECTLY, OR TO GIVE AN ACCOUNT OF PROFITS TO THE PRACTICE OR ANY THIRD PARTY, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE WHATSOEVER AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THEIR POSSIBILITY.
  (c) Limitations Generally.  EXCEPT TO THE EXTENT OF SUCH LIABILITY AS CANNOT BE EXCLUDED BY LAW, THE FOREGOING LIMITATIONS AND DISCLAIMERS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.  EACH OF THE PARTIES ACKNOWLEDGES THAT IT UNDERSTANDS THE LEGAL AND ECONOMIC RAMIFICATIONS OF THE FOREGOING LIMITATIONS, AND THAT THE FOREGOING LIMITATIONS FORM AN ESSENTIAL PART OF THE AGREEMENT OF THE PARTIES.
  (d) Time Limit.  No action, regardless of form, arising out of this Service Agreement may be brought by either Party more than one (1) year after that Party knew or should have known of the event which gave rise to the cause of action. 
  7. AGREEMENT FOR REPAYMENT OF ADVANCES
The Practice appoints and designates PatientFi as a limited purpose agent for and attorney-in-fact of the Practice, solely for the purpose of receiving Loan proceeds from third party lenders due to the Practice and then remitting or applying such amounts as agreed or directed by the Practice. PatientFi may, in its sole discretion from time to time, advance Loan proceeds due to the Practice from third party lenders before final settlement and collection of such Loan proceeds by PatientFi. The Practice agrees that PatientFi, after receiving final settlement and collection of Loan proceeds due to the Practice, may setoff and apply such Loan proceeds, first to pay all amounts due and owing to PatientFi for such advances, before remitting the balance of such Loan proceeds to the Practice. 
  8. MISCELLANEOUS PROVISIONS
  (a) Binding Agreement; Assignment and Delegation. The Practice understands and agrees that this Service Agreement is assignable and delegable by PatientFi, in whole or in part, by operation of law or otherwise, at any time and without prior notice to or express consent from the Practice. This Service Agreement may not be assigned or delegated by the Practice without the prior written consent of PatientFi. This Service Agreement shall be binding upon and inure to the benefit of PatientFi and the Practice and their respective successors and assigns, to the extent permitted by the Service Agreement. 
  (b) Notice. All notices required or permitted to be given hereunder in writing and shall be deemed to have been given when personally delivered or mailed, by certified or registered mail, return receipt requested, addressed to the intended recipient as follows: (1) notices to PatientFi shall be sent to 15635 Alton Parkway, Suite 160, Irvine, CA 92618, or such other notification address as PatientFi may specify in writing to the Practice after the Effective Date; and (2) notices to the Practice shall be sent to the address specified in the area signed by its duly authorized representative, or such other notification address as the Practice may specify in writing to PatientFi after the Effective Date.
  (c) Choice of Law, Venue. This Service Agreement shall be governed and construed under and in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions. All obligations of the Parties created in this Service Agreement are performable in Orange County, California, and the Parties agree that venue shall be exclusively in the State and Federal courts located in Orange County, California.
  (d) Arbitration. The Parties agree all claims, disputes, disagreements, or controversies between them, including those, relating to or arising under this Service Agreement, including, without limitation, contract and tort disputes and claims for breach of fiduciary duties, shall be arbitrated pursuant to the Commercial Arbitration Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either Party, and that judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction.  The Parties further agree that  nothing in this Section shall preclude any Party from seeking equitable relief from a court of competent jurisdiction;  the statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a Party shall be applicable in any arbitration proceeding;  the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes; and  the Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision.
  (e) Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS SERVICE AGREEMENT OR THE ACTIONS OF SUCH PARTY IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF.
  (f) Disclaimer of Warranties. THE PROGRAM AND ALL CONTENT AND MATERIALS, INCLUDING, WITHOUT LIMITATION, THE SYSTEM, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR INDEMNITIES OF ANY KIND. PATIENTFI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES  CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY OR TIMELINESS OF THE SYSTEM AND ALL CONTENT;  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT;  THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT UNAUTHORIZED ACCESS TO OR MISAPPROPRIATION OF THE SYSTEM WILL NOT OCCUR; OR THAT THE SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PRACTICE'S USE OF THE SYSTEM IS SOLELY AT THE PRACTICE'S RISK.
  (g) Limitation of Liability. EXCEPT AS PROVIDED ELSEWHERE IN THIS SERVICE AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM INTERRUPTION OF USE, LOSS OF DATA, THE UNAUTHORIZED ACCESS TO OR THE MISAPPROPRIATION OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THE SYSTEM, OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE AGREEMENT OR USE OF THE PROGRAM AND THE SYSTEM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PATIENTFI OR THE PRACTICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PATIENTFI'S LIABILITY TO PRACTICE OR ANY THIRD PARTY UNDER THIS SERVICE AGREEMENT SHALL BE LIMITED TO THE GREATER OF  THE AMOUNT OF FEES PAID TO PATIENTFI HEREUNDER BY PRACTICE DURING THE THIRTY (30) DAYS PRECEDING THE DATE THE CLAIM ARISES OR  ONE THOUSAND DOLLARS ($1,000).
  (h) Release. The Practice hereby releases PatientFi and its present and former officers, directors, agents, managers, members, investors, partners, employees, shareholders, fiduciaries, parents, affiliates, subsidiaries, divisions, legal representatives, predecessors, estates, trusts, executors, successors and assigns and all persons (natural, corporate or otherwise) in privity with PatientFi or any of them from all claims, demands and damages (actual and consequential) of every kind and nature, disclosed or undisclosed, known and unknown, suspected and unsuspected, in any way arising out of or in connection with the medical or dental services that are financed by a Patient Contract or Loan Agreement.
  (i) Mutual Indemnification.  In addition to PatientFi's obligations under Section 5, each Party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying Party’s representations, warranties and covenants made under this Service Agreement, provided that the indemnifying Party is promptly notified of any such claims. The indemnifying Party shall have the sole right to defend such claims at its own expense. The other Party shall provide, at the indemnifying Party’s expense, such assistance in investigating and defending such claims as the indemnifying Party may reasonably request. This indemnity shall survive the termination of this Service Agreement.
  (j) Parties Bound; Limited Agency; Independence. This Service Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. The Practice appoints and designates PatientFi as a limited purpose agent for and attorney-in-fact of the Practice, solely for the purpose or receiving Loan proceeds from third party lenders due to the Practice and then remitting or applying such amounts as agreed or directed by the Practice. For all purposes under this Service Agreement, each Party shall be and act as an independent contractor of the other Party and shall not bind or attempt to bind the other Party in any way. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Service Agreement, except to the extent otherwise expressly set forth in this subsection.
  (k) Legal Construction. In any case any one or more of the provisions contained in this Service Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, that the invalidity, illegality, or unenforceability shall not affect any other provision in this Service Agreement and this Service Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.
  (l) Force Majeure.  In the event that either Party shall be prevented from performing its obligations under the Agreement due to governmental or administrative prohibitions, labor difficulties, acts of God, acts of public enemy, riot, accidents,  breakdown  of equipment,  weather conditions, delivery interruptions, or other causes beyond such Party’s control, the Party so prevented shall, upon notice to the other Party, be thereafter released from its obligations so long as such causes shall continue.
  (m) Prior Agreements Superseded. This Service Agreement constitutes the sole and only agreement of the Parties and supersedes any prior understandings or written or oral agreements between the Parties respecting the subject matter of this Service Agreement.
  (n) Amendment. This Service Agreement and the Program Fee and Contract Purchase Schedule may be amended either by: (a) a separate writing dated and executed by both Parties; or (b) a separate 30-day advance written notification that PatientiFi provides to the Practice, through the System or otherwise. Amendments that PatientFi describes in any such 30-day advance written notification shall be deemed accepted by the Practice, without qualification, when Practice, on or after the effective date set forth in any such notification, requests and obtains: (1) PatientFi’s Approval of any Patient Contract; or (2) proceeds of a Loan used to purchase healthcare services and goods from the Practice.
  (o) Publicity. During the term of this Service Agreement, the Practice grants to PatientFi the right to identify the Practice as a user of the Program.
  (p) NACHA Rules. The Practice agrees that it will adhere to all rules of the National Automated Clearing House Association ("NACHA Rules") as they apply to origination of ACH entries (as defined in the NACHA Rules).
  (q) Facsimile Signatures; Electronic Records. The Parties acknowledge and agree that a facsimile signature is equivalent to and has the same force and effect as an original signature. No strikeouts, interlineations, additions or modification to this Service Agreement may be made and this Service Agreement may be transmitted to or from PatientFi and/or retained electronically by PatientFi and electronic copies will constitute an original.

By signing the Provider Agreement, the Practice agrees with and shall be bound by the terms of this Service Agreement as of the Effective Date of the Provider Agreement, as well as the conditions and terms of use found on PatientFi’s website regarding the System and Services, all of which shall become binding and effective with regard to the Practice after it has been issued a user name, password(s), and credentials required to use the System and otherwise been activated and accepted by PatientFi for use of the System. 

          Confidentiality and Information Security Agreement
This CONFIDENTIALITY AND INFORMATION SECURITY AGREEMENT is attached to and incorporated as part of the Provider Agreement by and between PatientFi, LLC (“PatientFi”) and [______________________________] (the “Practice”), effective as of [_________________________] (the “Effective Date”). PatientFi and the Practice are each a "Party" and together they are the "Parties" in the Confidentiality and Information Security Agreement. This Confidentiality and Information Security Agreement may be amended from time to time, in accordance with its terms. Capitalized terms used but not otherwise defined by this Confidentiality and Information Security Agreement shall have the same meaning as in the Provider Agreement or other referenced agreements that make up the Provider Agreement. 
 
  1. DEFINITIONS
  (a) Aggregate Data. Aggregate Data means aggregate information relating to the performance and servicing history of Patient Contracts and/or Loan Agreements, to the extent known by PatientFi and allowed by law, where such information is anonymized and does not reveal the identity (expressly or implicitly) of any patient(s) of the Practice.
  (b) Confidential Information. Confidential Information means all documents, materials, data and/or information, in whatever form or format (including, without limitation, electronic media), which relates to the Services, the Program, and each RIC or Loan Agreement, whether furnished before, on, or after the date of the Service Agreement, including without limitation:
      (i)  the business systems and practices, know-how, documents, reports, plans, proposals, forecasts, personnel files, lists, statistics, information, or data relating to or about applicants, interviewees, or candidates for employment, marketing and sales plans of PatientFi; 
      (ii)  any lists, statistics, information, or data relating to the patients of the Practice; 
      (iii)  any other information which the Disclosing Party designates, orally or in writing, as confidential or proprietary information or which the Receiving Party has reason to know is confidential or proprietary information; provided, however, that notwithstanding the foregoing, Confidential Information (except to the extent it is Protected Consumer Information) shall not include information that becomes generally available to the public other than as a result of a disclosure by or through the Receiving Party, or its agents, employees, representatives, contractors, subcontractors, successors and assigns, or that becomes available to the Receiving Party on a nonconfidential basis from a source other than the Disclosing Party, provided that such source is not bound by a confidentiality agreement with the Disclosing Party or is not otherwise prohibited from transmitting the information by a contractual, legal or fiduciary obligation.
  (c) De-identified Information. De-identified Information means Protected Health Information (PHI) that meets the standard and implementation specifications for de-identification under the Standards for Privacy of Individually Identifiable Health Information, 45 CFR Part 160 and Part 164, Subparts A and E, as amended from time to time (the “HIPAA Privacy Rule”).
  (d) Disclosing Party. Disclosing Party means the Party (either PatientFi or the Practice, as the case may be) disclosing Confidential Information to the Receiving Party.
  (e) Nonpublic Personal Information. Nonpublic Personal Information (“NPI”) shall have the same meaning as defined by the Gramm-Leach-Bliley Act (“GLBA”) and its implementing regulations and include nonpublic and personally identifiable financial information otherwise protected by any applicable state financial privacy laws.
  (f) Protected Consumer Information. Protected Consumer Information means Nonpublic Personal Information (NPI) and Protected Health Information (PHI), collectively.
  (g) Protected Health Information. Protected Health Information (“PHI”) shall have the same meaning as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations.
  (h) Receiving Party. Receiving Party means the Party (either PatientFi or the Practice, as the case may be) receiving Confidential Information from the Disclosing Party.
  (i) Receiving Party Representative. Receiving Party Representative means any agent, employee, representative, contractor, subcontractor or subservicer of a Receiving Party.
  (j) Security Incident. A Security Incident means any breach or known attempted breach by an unauthorized third party of a Party’s information systems that are used for housing or transmitting any Protected Consumer Information originating with the Practice.
  2. GLBA AND HIPAA COMPLIANCE
  (a) The Parties agree to maintain administrative, technical and physical safeguards reasonably designed to maintain the security of Protected Consumer Information while in transit through and at rest within information systems of PatientFi and the Practice. Each Party agrees to monitor its information systems, to notify the other Party promptly of any Security Incident relating to the information systems housing or transmitting any Protected Consumer Information originating with the Practice, and to take prompt action designed to mitigate the impact of the Security Incident and prevent additional Security Incidents.
  (b) The Practice and PatientFi will enter into a Business Associate Agreement.
  (c) The Practice shall provide appropriate and adequate training to all Practice employees and representatives in the use of the System and Services, the requirements of this Confidentiality and Information Security Agreement, and the requirements of applicable laws governing the confidentiality, privacy and security of Protected Consumer Information.
  (d) The Practice warrants and represents that it shall: 
      (i)   maintain, use and provide notices of privacy practices to the Practice’s patients informing each patient of the Practice’s intended use and mode for disclosure of Protected Consumer Information;
      (ii)   maintain, use and provide patient consent forms that comply with all applicable laws, including without limitation HIPAA and similar state and federal laws, and that are appropriate for use in connection with the Services; 
      (iii)   ensure all patient consent forms have been executed by the Practice’s patients who consent to transmission of their Protected Consumer Information via the System and the Services.
  (e) The Practice agrees to indemnify, hold harmless and defend PatientFi and its owners, officers, directors, employees, agents, representatives and service providers from any and all loss, damages and expenses, including reasonable attorneys’ fees, arising from any claim, action, proceeding, investigation or otherwise in connection with the Practice’s failure to obtain patient consent for the disclosure of Protected Consumer Information via the System and the Services.
  (f) The Practice will be subject to audit by PatientFi, or a third party engaged by PatientFi for such purposes, to confirm compliance with this Confidentiality and Information Security Agreement and proper use of the System and Services in accordance with the Confidentiality and Information Security Agreement. Such audits will take place during business hours and upon reasonable notice to the Practice. Such audits will be performed at the expense of PatientFi and in a manner reasonably designed to minimize interference with the Practice’s day to day operations.
  3. AUTHORIZATION FOR PROCESSING, COLLECTION AND USE OF DE-IDENTIFIED INFORMATION
  (a) The Practice authorizes the processing, collection and use of information about the Practice, patient financing with Patient Contracts, Loan Agreements, and the Program, to the extent allowed by law and for purposes of preparing De-Identified Information set forth in study data and study reports PatientFi may agree to provide third parties that are subject to contracts restricting their collection, use and disclosure of such De-identified Information. The Practice understands and agrees that any such study data and reports may include, without limitation, De-identified Information about:
      (i) Procedures financed through the Program, including the total number of Procedures financed;
      (ii) the total procedural fees for each Procedure; the Amount Financed for each Procedure and all Procedures in relation to the total procedural fee, expressed as dollar amounts and percentages;
      (iii) financing variables, such as down payments and staff training, for each Procedure and all Procedures;
      (iv) aggregated patient demographic information for all Procedures;
      (v) aggregated information about repayment rates for all Procedures; and
      (vi) aggregated information about default rates for all Procedures, expressed as a percentage of the total number of all Patient Contracts and/or Loan Agreements (if known by PatientFi and allowed by law), or an aggregate dollar amount of all Patient Contracts and/or Loan Agreements (if known by PatientFi and allowed by law).
  4. CONFIDENTIAL INFORMATION 
  (a) Treatment of Confidential Information. Unless otherwise specifically provided in this Confidentiality and Information Security Agreement or authorized in writing by the Disclosing Party, and except as required by court order, the Receiving Party, for itself and for its agents, employees, representatives, contractors, subcontractors, successors and assigns, agrees:
      (i) to keep all Confidential Information confidential and in its possession except as necessary to perform the Service Agreement;
      (ii) to restrict access to Confidential Information to those persons who are actively and directly participating in the performance of the Service Agreement and who need to know such Confidential Information to fulfill such responsibilities;
      (iii) to cause any and all persons or entities who have access to Confidential Information by or through the Receiving Party, including without limitation the Receiving Party’s contractors, subcontractors and subservicers, to observe and comply with the terms of this Confidentiality and Information Security Agreement as if they were parties hereto;
      (iv) to not copy or duplicate any Confidential Information except as necessary to perform the Service Agreement;
      (v) to treat any and all copies of, and notes, memoranda, analyses, compilations, abstracts, synopses, studies of other material produced from, the Confidential Information as Confidential Information; 
      (vi) to communicate only with the designated representatives of the Disclosing Party concerning Confidential Information; 
      (vii) to not use and not disclose any Confidential Information for any purpose except the purpose for which such Confidential Information was provided in connection with the performance of the RICs or the evaluation, as applicable, except as permitted by applicable law in the course of performing the Service Agreement or as otherwise required by applicable law;
      (viii) to not use Confidential Information in any way that is detrimental to the Disclosing Party; 
      (ix) to not disclose to any person the fact that Confidential Information (including without limitation the Service Agreement) has been made available to the Receiving Party or that Receiving Party has reviewed or has in its possession any Confidential Information, except as necessary to perform the Service Agreement; and
      (x) to not make, publish, or otherwise disseminate in any manner any public statement or description of the Service Agreement or negotiations relating thereto.
  (b) Required Disclosures. If the Receiving Party or any Receiving Party Representative is required by applicable law to disclose any Confidential Information in violation of the terms of this Confidentiality and Information Security Agreement, the Receiving Party or Receiving Party Representative, as the case may be, shall provide the Disclosing Party with immediate telephonic and written notice of such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy or waive compliance by the Receiving Party or Receiving Party Representative with the provisions of this Confidentiality and Information Security Agreement. If such protective order or other remedy is not obtained, or if the Disclosing Party grants a written waiver of the affected provisions of this Confidentiality and Information Security Agreement, the Receiving Party or Receiving Party Representative may disclose that portion (and only that portion) of the Confidential Information that, in the opinion of the Receiving Party’s legal counsel, the Receiving Party is legally compelled to disclose, and the Receiving Party will exercise reasonable efforts to obtain reliable assurances that confidential treatment will be accorded to the Confidential Information so furnished.
  (c) Ownership, Return of Confidential Information.  Notwithstanding anything to the contrary provided in this Confidentiality and Information Security Agreement, the Disclosing Party is and shall remain the sole owner of its Confidential Information and all data derived from it that the Receiving Party receives from the Disclosing Party. The Receiving Party recognizes and agrees that nothing contained in the Service Agreement and this Confidentiality and Information Security Agreement shall be construed as granting the Receiving Party any property rights, by license, franchise, or otherwise, in or to any Confidential Information of the Disclosing Party except as may be necessary to perform its obligations under the Service Agreement; provided, however, the Practice acknowledges and agrees that PatientFi may prepare Aggregate Data relating to the performance and servicing history of the Patient Contracts and Loan Agreements (if known by PatientFi and allowed by law). The Practice hereby expressly grants PatientFi a world-wide, perpetual, royalty-free and irrevocable exclusive license to use such Aggregate Data for use in PatientFi's business operations, including, without limitation, incorporation into financial models, marketing materials and other products and services.  Promptly after termination or nonrenewal of the Service Agreement the Practice shall return to PatientFi, and delete and erase from the Practice's systems, all Confidential Information of the PatientFi relating to this Confidentiality and Information Security Agreement and, within 30 days after such termination or non-renewal, where requested by PatientFi, the Practice shall certify in writing to PatientFi that all such Confidential Information has been returned to PatientFi and deleted and erased from the Practice's systems.
  (d) Injunctive Relief. In the event of a breach by the Receiving Party of any of its obligations in this Confidentiality and Information Security Agreement, the Disclosing Party shall have, in addition to any other rights and remedies available at law or in equity, the right to seek interim, interlocutory and permanent injunctive relief without the necessity of proving either actual damage or that any irreparable harm would or might result from a failure to obtain such injunctive relief, it being acknowledged and agreed by all parties hereto that any such breach will cause irreparable harm to the Disclosing Party and that monetary damages, alone, will not provide an adequate remedy (provided, that no provision of this Confidentiality and Information Security Agreement shall preclude the Disclosing Party from seeking and collecting monetary damages). 
  5. AMENDMENTS
This Confidentiality and Information Security Agreement may be amended by:  (a) a separate writing dated and executed by both Parties; or (b) a separate 30-day advance written notification that PatientiFi provides to the Practice, through the System or otherwise. Amendments that PatientFi describes in any such 30-day advance written notification shall be deemed accepted by the Practice, without qualification, when Practice, on or after the effective date set forth in any such notification, requests and obtains:  (1) PatientFi’s Approval of any Patient Contract; or (2) proceeds of a Loan used to purchase healthcare services and goods from the Practice.


By signing the Provider Agreement, the Practice agrees with and shall be bound by the terms of this Confidentiality and Information Security Agreement as of the Effective Date of the Provider Agreement, as well as the conditions and terms of use found on PatientFi’s website regarding the System and Services, all of which shall become binding and effective with regard to the Practice after it has been issued a user name, password(s), and credentials required to use the System and otherwise been activated and accepted by PatientFi for use of the System.



This BUSINESS ASSOCIATE AGREEMENT (“Business Associate Agreement” or “BAA”) is attached to and incorporated as part of the Provider Agreement by and between PatientFi, LLC (“PatientFi” or “Business Associate”) and [______________________________] (the “Practice” or “Covered Entity”), effective as of [____________________________] (the “Effective Date”). PatientFi and the Practice are each a "Party" and together they are the "Parties" in the Business Associate Agreement. This Business Associate Agreement may be amended from time to time, in accordance with its terms. Capitalized terms used but not otherwise defined by this Business Associate Agreement shall have the same meaning as in the Provider Agreement or other referenced agreements that make up the Provider Agreement. 
The Business Associate will, from time to time, provide certain services for Covered Entity that involve the use and disclosure of Protected Health Information that is created or received by Business Associate from or on behalf of Covered Entity. The Parties are committed to complying with the Standards for Privacy of Individually Identifiable Health Information, 45 CFR Part 160 and Part 164, Subparts A and E as amended from time to time (the “Privacy Rule”), and with the Security Standards, 45 CFR Part 160 and Part 164, Subparts A and C as amended from time to time (the “Security Rule”), under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended by the Health Information Technology for Economic and Clinical Health Act and its implementing regulations (“HITECH”). This BAA sets forth the terms and conditions pursuant to which Protected Health Information, and, when applicable, Electronic Protected Health Information (“EPHI”), shall be handled. 
  1. Definitions.  Terms used but not otherwise defined by this BAA or the Service Agreement shall have the same meaning as those terms in HIPAA, the Privacy Rule, the Security Rule and HITECH. Examples of specific definitions:
  (a) Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g).
  (b) Protected Health Information. "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 CFR 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity.
  (c) Required By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR § 164.103. 
  (d) Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his or her designee.
  2. Obligations of Business Associate.
  (a) Business Associate agrees to not use or disclose Protected Health Information other than as permitted, required by this BAA, or Required by Law.
  (b) Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this BAA.
  (c) Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this BAA.
  (d) Business Associate agrees to report to Covered Entity:  (i) any use or disclosure of the Protected Health Information not provided for by this BAA of which it becomes aware; and (ii) any Breach of unsecured Protected Health Information as specified by 45 CFR 164.410.
  (e) Business Associate agrees to provide access, at the request of Covered Entity, to Protected Health Information in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual.
  (f) Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at the request of Covered Entity or an Individual.
  (g) Business Associate agrees to make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate available to the Covered Entity, or to the Secretary, or to a person designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule or Security Rule.
  (h) Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528.
  (i) Business Associate agrees to provide to Covered Entity information to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528.
  3. Additional Responsibilities of Business Associate with Respect to EPHI. In the event that Business Associate has access to EPHI, in addition to the other requirements set forth in this BAA relating to Protected Health Information, Business Associate shall:
  (a) implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that Business Associate creates, receives, maintains, or transmits on behalf of Covered Entity as required by 45 C.F.R. Part 164, Subpart C;
  (b) ensure that any subcontractor or agent to whom Business Associate provides any EPHI agrees in writing to implement reasonable and appropriate safeguards to protect such EPHI; and
  (c) report to the privacy officer of Covered Entity, in writing, any Security Incident involving EPHI of which Business Associate becomes aware within ten (10) business days of Business Associate’s discovery of such Security Incident. For purposes of this Section, a Security Incident shall mean (consistent with the definition set forth at 45 C.F.R. § 164.304), the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an information system.
  4. Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this BAA, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified, provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity.
  5. Obligations of Covered Entity. 
  (a) Covered Entity agrees to not use or disclose Protected Health Information other than as permitted, required by this BAA, or Required by Law;
  (b) Covered Entity shall provide Business Associate a copy of Covered Entity’s notice of privacy practices (“Notice”) currently in use;
  (c) Covered Entity shall notify Business Associate of any limitation(s) in its Notice in accordance with 45 CFR § 164.520, to the extent that such limitations may affect Business Associate's use or disclosure of Protected Health Information.
  (d) Covered Entity shall notify Business Associate of any changes to the Notice that Covered Entity provides to individuals pursuant to 45 C.F.R. § 164.520, to the extent that such changes may affect Business Associate’s use or disclosure of Protected Health Information;
  (e) Covered Entity shall notify Business Associate of any changes in, or withdrawal of, the consent or authorization of an individual regarding the use or disclosure of Protected Health Information provided to Covered Entity pursuant to 45 C.F.R. § 164.506 or § 164.508, to the extent that such changes may affect Business Associate’s use or disclosure of Protected Health Information; and
  (f) Covered Entity shall notify Business Associate in writing and in a timely manner, of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. 
  6. Subsidiaries, Affiliates, Subcontractors. 
  (a) Subsidiaries and Affiliates. Business Associate has entered into this BAA on behalf of itself, and its current and future subsidiaries and affiliates, each of which shall be bound hereunder as is Business Associate. Business Associate shall enter into and keep in force with each subsidiary and affiliate, a contract similar in form and format to this BAA so as to provide Covered Entity with the same agreements, assurances, rights and protections with respect to those subsidiaries and affiliates as Covered Entity has with respect to Business Associate. 
  (b) Subcontractors. Business Associate shall enter into and keep in force with each agent and subcontractor whose functions require access to Protected Health Information, a contract similar in form and format to this BAA so as to provide Covered Entity with the same agreements, assurances, rights and protections with respect to those agents and subcontractors as Covered Entity has with respect to Business Associate. 
  (c) Support for Covered Entity’s Functions. The Privacy Rule permits the Business Associates of Covered Entity to provide Protected Health Information to the Covered Entity’s other Business Associates, agents and subcontractors when and where necessary to support Covered Entity in its “Treatment, Payments and Operations” functions, as those are defined in the Privacy Rule, and to make other uses and disclosures in support of Covered Entity where such use or disclosure would be permitted to Covered Entity by the Privacy Rule. Business Associate agrees to limit the use and disclosure of Protected Health Information among its subsidiaries, affiliates and subcontractors to such permitted uses and disclosures.
  7. Permissible Requests by Covered Entity. Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity.
  8. Term and Termination. 
  (a) Term. The Term of this BAA shall be effective as of the acceptance date hereof, and shall terminate when all of the Protected Health Information provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is unpractical to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section.
      (i) Either Covered Entity or Business Associate may terminate this BAA and any related agreements if the terminating Party determines in good faith that the terminated Party has breached a material term of this BAA; provided, however, that no Party may terminate this BAA if the breaching Party cures such breach to the reasonable satisfaction of the terminating Party within thirty (30) business days after the breaching Party’s receipt of written notice of such breach.
      (ii) If neither termination nor cure are feasible, the terminating Party shall report the violation to the Secretary.
      (iii) Covered Entity may terminate this BAA at any time and for any reason, after giving Business Associate (10) ten days written notice.
  (b) Effect of Termination.
      (i) Upon termination of this BAA, Business Associate shall return, destroy, or continually protect and cease any use of all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate.
      (ii) Upon termination of this BAA, Covered Entity agrees to continually protect all Protected Health Information received by or created by Business Associate and follow all regulations Required By Law.
  9. Miscellaneous.
  (a) Regulatory References. A reference in this BAA to a section in HIPAA, HITECH, the Privacy Rule or the Security Rule means the section as in effect or as amended.
  (b) Amendment. This BAA may not be modified or amended, except in a writing duly signed by authorized representatives of the Parties. To the extent that any relevant provision of HIPAA or HITECH is materially amended in a manner that changes the obligations of Business Associates or Covered Entities, the Parties agree to negotiate in good faith appropriate amendment(s) to this BAA to give effect to the revised obligations. Further, no provision of this BAA shall be waived, except in a writing duly signed by authorized representatives of the Parties. A waiver with respect to one event shall not be construed as continuing, or as a bar to or waiver of any right or remedy as to subsequent events.
  (c) Survival. The respective rights and obligations of Business Associate and Covered Entity under "Effect of Termination" and “Survival” above shall survive the termination of this BAA.
  (d) Interpretation. Any ambiguity in this BAA shall be resolved to permit Covered Entity to comply with the Privacy Rule.
  (e) LIMITATION OF LIABILITY. NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
   

By signing the Provider Agreement, the Practice agrees with and shall be bound by the terms of this Business Associate Agreement as of the Effective Date of the Provider Agreement, as well as the conditions and terms of use found on PatientFi’s website regarding the System and Services, all of which shall become binding and effective with regard to the Practice after it has been issued a user name, password(s), and credentials required to use the System and otherwise been activated and accepted by PatientFi for use of the System.

                            Web Software Service Agreement
This WEB SOFTWARE SERVICE AGREEMENT (“Web Software Service Agreement” or “Web Agreement”) is attached to and incorporated as part of the Provider Agreement by and between PatientFi, LLC (“PatientFi”) and [______________________________] (the “Practice”), effective as of [___________________________] (the “Effective Date”). PatientFi and the Practice are each a "Party" and together they are the "Parties" in the Web Agreement. This Web Agreement may be amended from time to time, in accordance with its terms. Capitalized terms used but not otherwise defined by this Web Agreement shall have the same meaning as in the Provider Agreement or other referenced agreements that make up the Provider Agreement.  
  1. Practice Representations and Warranties
The Practice represents and warrants it will use the System responsibly and solely for giving its patients access to financing for certain necessary or elective, non-reimbursed healthcare procedures through the Practice. The Practice warrants that such procedures represent the core services which it advertises; the Practice is competent, qualified and capable of providing such procedures; and the obligations of the patients evidenced by Patient Contracts or Loan Agreements are bona fide obligations of such patients. The Practice agrees not to use the System for any illegal purpose and not to finance products or services the Practice is not licensed or authorized to provide or sell. The Practice represents and warrants it has provided accurate deposit account and payment card information to PatientFi. The Practice agrees to notify PatientFi immediately upon closing any such deposit account, or upon changing or modifying the terms or ownership of such deposit account, which is supplied with the Service Agreement to receive funds due to the Practice. The Practice represents and warrants that it shall obtain all required patient authorizations on all Patient Contracts, payment authorization forms and other related documentation and it shall, in every instance, ensure a copy of such documentation, along with all recommended disclosures and Privacy Policy are provided to each patient.
  2. Use of Consumer Reporting Option 
  (a) The Practice acknowledges the System provides the Practice with summarized information about the credit condition of a patient. This information is an estimation of creditworthiness based upon the compilation and analysis of the patient's current available credit history. Because the Practice has access to this information, the Practice must agree to the following practices to accommodate federal law that applies to how such consumer report information is obtained, used and kept.
  (b) The Practice agrees and acknowledges that:
      (i) It shall not disseminate, release or resell consumer report information to any outside party; 
      (ii) It shall not use the information gathered from consumers outside of the course of normal business and determining patient creditworthiness; 
      (iii) It shall not request a consumer report without the patient's express written permission as provided on the application for credit form; 
      (iv) It shall cooperate with any investigations performed by PatientFi or its designated consumer reporting agency in regard to the actual or suspected misuse, misappropriation or infringement of consumer report information; 
      (v) It shall immediately report any detected or suspected inappropriate or unauthorized use of the System and or consumer report information to PatientFi; 
      (vi) It shall, before accepting an application for credit or initiating a consumer report, inspect one or more forms of identification, one of which should be a government- issued photo ID, from the patient to ensure the proper identity of the individual is that of the designated applicant; 
      (vii) It shall ensure that each employee trusted with permission to access the System is assigned a unique username and password for the System and that employees do not share or exchange access credentials; 
      (viii) It shall immediately disable usernames and passwords for any terminated, reassigned or suspended employee with System access; 
      (ix) It shall not issue usernames and passwords for access to the System to anyone other than the Practice's own trusted and authorized employees; 
      (x) It shall instruct employees who use the System on the importance of security and privacy of consumer information; 
      (xi) It shall ensure that any consumer information retained outside the System, either electronically or in paper copy, is stored in a secure location; 
      (xii) It shall inform all authorized users of the System that consumer report information can be obtained only about a patient who has applied to the Practice for financing or otherwise given an express written authorization for the Practice to obtain such consumer report information, and instruct all authorized System users not to obtain consumer report information about any other individual under any circumstances; 
      (xiii) It shall not accept applications for credit by mail or over the telephone; 
      (xiv) It shall read and become familiar with the terms of the federal Fair Credit Reporting Act ("FCRA"), which is available on the Federal Trade Commission's Website at www.ftc.gov/credit; 
      (xv) It shall ensure that all credit applications and, if applicable, purchase and credit documents, are kept for a minimum of twenty-five (25) months; 
      (xvi) It shall not use the information provided under this Web Agreement for an "adverse action" as defined in FCRA unless the reason codes are delivered along with any scores delivered to the patient; and
      (xvii)  It shall comply with all federal, state and local laws, including but not limited to FCRA.
  3. Collection and Deposit of Payments Due to Practice
Solely with respect to any Patient Contract that the Practice elects to own and hold after origination, the Practice is appointing PatientFi as a service provider to and limited purpose agent of the Practice for purposes of collecting Patient Contract payments from buyers that are due to the Practice. In accordance with the Practice’s appointment of PatientFi as a service provider and limited purpose agent solely for purposes of collecting any Patient Contract payments that may be due to Practice, the System shall collect Patient Contract payments due from buyers (patients) by initiating electronic debits to their bank accounts on the due dates scheduled in their Patient Contracts or through other payment methods used by such buyers for making Patient Contract payments. The proportionate amount due to the Practice following successful collection of a Patient Contract payment, based on the fractional interest it owns in a Patient Contract and the then current Program Fee and Contract Purchase Schedule, will be deposited in the Practice's designated bank account on record in the System on the fourteenth (14th) banking day following the collection date. The Practice understands and agrees that PatientFi may deduct and offset amounts for any Patient Contract payments that are ultimately rejected or returned unpaid by a buyer’s depository institution. The Practice acknowledges and agrees that payment of money from buyers to PatientFi via the System for delivery to the Practice satisfies and discharges PatientFi's obligations to the Practice to the extent of such payment. 
  4. Legal Disclaimer
The Practice agrees and acknowledges that none of the System-generated documents, training sessions, usage guides, codicils of this Web Agreement or any and all other information provided to the Practice in support of the System should be construed or considered as legal advice. The Practice is encouraged to contact qualified legal counsel in regard to any questions or concerns over the use of the System or other recommended best practices and any liabilities which could arise from the use of the System and/or the effect of any applicable Federal or State Laws, including but not limited to those regarding the maximum finance charges and other charges, fees and costs chargeable by the Practice and the Practice's warranty obligations. PatientFi hereby asserts and the Practice agrees that PatientFi shall bear no liability whatsoever in regard to the Practice's use of any and all information and materials provided with respect to the use of the System.
  5. License and Trademarks
Subject to the terms and conditions herein, PatientFi hereby grants, and the Practice hereby accepts, a non-exclusive, non-transferable license (without right to sublicense), to use the System for the sole and limited purpose of extending credit terms or financing to its patients as set forth in the Service Agreement. PatientFi retains the right to materially redesign, modify, update or upgrade the organization, navigation, structure, branding, features, functionality and look and feel of the System at any time without prior notice. The Practice may only use PatientFi's trademarks, trade names, service marks and/or logos (collectively "Trademarks") with PatientFi's prior written approval for each specific use. Nothing in this Web Agreement will grant to the Practice any right, title or interest in the Trademarks of or any goodwill arising from use of the Trademarks. The Practice agrees not to challenge the validity of or attempt to register any of the Trademarks of PatientFi. The Practice agrees not to adopt any derivative or confusingly similar trademarks, brands or marks or create any combination marks with any Trademarks. If given written approval, the Practice will use the Trademarks only in accordance with PatientFi's Trademark usage policies as such may be in effect from time to time and only in accordance with the provision of the terms of this Web Agreement or the Service Agreement. If, at any time, PatientFi believes the use of its Trademarks by the Practice fails to otherwise comply with its Trademark usage guidelines, PatientFi shall so notify the Practice in writing. Upon receipt of such notification, the Practice shall immediately initiate steps to conform to the Trademark usage guidelines and shall affect such conformance or cure as promptly as possible and in any event within 15 days.
  6. Amendment
This Web Agreement may be amended by:  (a) a separate writing dated and executed by both Parties; or (b) a separate 30-day advance written notification that PatientiFi provides to the Practice, through the System or otherwise. Amendments that PatientFi describes in any such 30-day advance written notification shall be deemed accepted by the Practice, without qualification, when Practice, on or after the effective date set forth in any such notification, requests and obtains:  (1) PatientFi’s Approval of any Patient Contract; or (2) proceeds of a Loan used to purchase healthcare services and goods from the Practice.


By signing the Provider Agreement, the Practice agrees with and shall be bound by the terms of this Web Software Service Agreement as of the Effective Date of the Provider Agreement, as well as the conditions and terms of use found on PatientFi’s website regarding the System and Services, all of which shall become binding and effective with regard to the Practice after it has been issued a user name, password(s), and credentials required to use the System and otherwise been activated and accepted by PatientFi for use of the System.



  PATIENT CONTRACT PURCHASE AND SALE AGREEMENT
This PATIENT CONTRACT PURCHASE AND SALE AGREEMENT (“Purchase and Sale Agreement”) is attached to and incorporated as part of the Provider Agreement by and between PatientFi, LLC (“PatientFi”) and [______________________________] (the “Practice”), effective as of [____________________________] (the “Effective Date”). PatientFi and the Practice are each a "Party" and together they are the "Parties" in the Purchase and Sale Agreement. Capitalized terms used in this Purchase and Sale Agreement and not defined with their first use are defined in Exhibit “A” attached to this Purchase and Sale Agreement. 
The Practice desires to offer payment plans for Procedures to qualifying patients through Patient Contracts. PatientFi desires to purchase from time to time a Fractional Interest in certain Patient Contracts originated by the Practice pursuant to the terms and conditions set forth in the Purchase and Sale Agreement and subject to the then current Program Fee and Contract Purchase Schedule. 
In consideration of the mutual covenants and promises contained in this Purchase and Sale Agreement, and subject to the then current Program Fee and Contract Purchase Schedule, the Practice and PatientFi agree as follows: 
  1. APPROVALS
In accordance with procedures PatientFi implements from time to time under the Service Agreement by and between the Parties (“Service Agreement”), the Practice may submit information through the System for PatientFi's review with respect to any Application for which the Practice seeks Approval. PatientFi will promptly process and review each Application and communicate any Approval or declination of an Application as provided in the Service Agreement. A Purchase Approval Period of 60 calendar days applies to PatientFi’s initial Purchase Approval decision. For any Subsequent Approval decision made by PatientFi, the Purchase Approval Period equals the days that remain in the existing and unexpired Purchase Approval Period. The Practice must notify Applicant of each Application Approval, Application Approval Period, and Approval Amount, and any declination or other action taken, in accordance with the Service Agreement and applicable law. Each Party agrees not to obtain or use medical information, as defined by the federal Fair Credit Reporting Act (“FCRA”) and its implementing regulations, about any Patient to determine the Patient’s eligibility or continued eligibility for credit, except to the extent and in the manner authorized by the FCRA. 
  2. CONDITIONS TO PURCHASE OF PATIENT CONTRACTS
Any Fractional Interest in a Patient Contract purchased by and assigned to PatientFi from the Practice is subject to the conditions described in this Section. The Patient must be the same as the person identified as the Applicant identified and subject to the Approval. The Procedure must have been completed and unconditionally accepted by Patient, as reflected on a properly completed and signed Completion Certificate submitted to PatientFi before expiration of the Purchase Approval Period, except that:  (a) PatientFi may waive this condition at any time in its sole discretion; and (b) the Practice may, on a date not more than twenty-one (21) calendar days before the date scheduled for a Procedure, present a Patient Contract for Assignment to PatientFi if it elects to pay the Purchase Amount for such Patient Contract, subject to the Practice’s duty to notify PatientFi through the System of the satisfactory and timely performance of the Procedure not more than four (4) business days after the date initially scheduled for the Procedure and subject to the Practice’s Payment Obligations to PatientFi set forth below in Section 10 of this Purchase and Sale Agreement. Each representation, warranty, and covenant made by the Practice in this Purchase and Sale Agreement must be true and correct. No Default of this Purchase and Sale Agreement by Practice must have occurred and no Patient complaints, disputes or claims of any nature whatsoever must have occurred, except those that have been fully and finally resolved. Each Patient Contract must be fully and properly completed on a form provided by PatientFi and enforceable against Patient. For each Patient Contract: (a) the Description of Services section must accurately describe the Procedure without disclosing PHI of the Patient; (b) the Itemization of Amount Financed section must accurately reflect an Amount Financed between the Minimum Amount Financed and Maximum Amount Financed (except PatientFi may waive this condition at any time in its sole discretion); and (c) all parties to the Patient Contract must have executed it within the Application Approval Period (or, if the Patient Contract is a Subsequent Contract, within the Purchase Approval Period). If the Patient Contract is a Subsequent Contract, the Practice must not have sold and assigned to PatientFi any previously executed Patient Contract resulting from the same Approval or resulting from an Approval preceding a Subsequent Approval for any Subsequent Contract. If the Practice has authorized use of the System and assignment of user credentials and passwords to a Practice employee or representative, the Practice agrees that:  (i) submissions and assignments of a Patient Contract by such Practice employees and representatives are binding and effective as Assignments of a Fractional Interest in a Patient Contract by the Practice; and (ii) PatientFi may rely on instructions given by any such Practice employees and representatives until the Practice confirms that PatientiFi has received and had a reasonable opportunity to act on the Practice’s instructions to cancel the authority of any such employee or representative to use the System. Where such conditions have been met, PatientFi may in its discretion take a complete and irrevocable Assignment of a Fractional Interest in a Patient Contract, subject only to the terms of Sections 10 and 12 of this Purchase and Sale Agreement, after PatientFi delivers the Purchase Amount to the Practice.
  3. THE PRACTICE'S REPRESENTATIONS, WARRANTIES AND COVENANTS FOR EACH PATIENT CONTRACT 
To induce PatientFi to purchase a Fractional Interest in a Patient Contract in accordance with this Purchase and Sale Agreement, and subject to the then current Program Fee and Contract Purchase Schedule, the Practice makes the following continuing representations, warranties and covenants with respect to each Patient Contract tendered to PatientFi for purchase:
  (a) Before making any request for Program financing, the Practice requested and inspected an approved form of government-issued identification from each individual associated with a request for Program financing, whether as a Patient, a cosigner, or in any other capacity (either by requesting and inspecting:  (A) a state-issued driver’s license (preferred) or other form of state-issued identification card that includes a photograph; (B) a U.S. passport; (C) U.S. military identification; (D) tribal identification; (E) a non-U.S. passport issued by an identified country of issuance, with a corresponding number; (F) a government-issued alien identification card; or (G) a government-issued visa travel document that includes a photograph). Based on this inspection, the Practice did not identify, nor should it have identified, any discrepancy between the photograph and other identifying information displayed on an approved form of government-issued identification with the appearance and other identifying information of any such Patient, cosigner, or other individual. If the Practice identified any discrepancy between the physical appearance and identifying information of any such Patient, cosigner, or other individual and their approved form of government-issued identification, the Practice did not assist or allow any such individual to request and obtain Program financing and the Practice promptly notified PatientFi about any such determination made by the Practice.
  (b) The Practice has delivered to PatientFi and it has possession of all fully completed and executed originals of the Patient Contract, the fully completed and signed Application (if applicable), the fully completed and signed Completion Certificate (if applicable), and the fully completed and signed Assignment (the "Contract Documents"). The Practice has in its possession and will hold for PatientFi, or deliver to it promptly upon request during the term of the Patient Contract and for six (6) months after its termination, any permit(s) required to be obtained in connection with the Procedure and all other documents and information relating to the Procedure customarily maintained by the Practice or required of it to comply with applicable law (the "Transaction Documents").
  (c) If a Patient Contract is a Subsequent Contract, the Practice and Patient each intended, when such Subsequent Contract was executed, for such Subsequent Contract to supersede any and all previously executed Patient Contract financing the purchase of any goods and/or services financed by any such Subsequent Contract.
  (d) No employee or other representative of the Practice has made any statement or representation to Patient that conflicts with any term or provision in the Patient Contract. Each of the Contract Documents and Transaction Documents is genuine and has been properly completed and executed by the Practice and/or Patient to the extent required by applicable law, this Purchase and Sale Agreement and PatientFi. The persons signing the Patient Contract as Patient and, where applicable, as joint obligor, will be the primary beneficiaries of the Procedure corresponding to such Patient Contract. The signatures of the Practice, its employees, Patients and makers or endorsers of the Patient Contract are genuine and authorized and such individuals and/or business entities have the capacity and/or authority to enter into such Patient Contract. All actions taken by an employee or representative who is authorized to use the System by the Practice are actions authorized by the Practice for purposes of this Purchase and Sale Agreement and such actions are authorized by and binding on the Practice. The Practice appoints PatientFi and any of its designated officers, employees, or agents, as the Practice’s duly authorized attorney-in fact, with full power of substitution, for the limited purpose of signing the name of the Practice and any of its duly authorized officers, employees, or agents as a counterparty to any Patient Contract already signed by a Patient and any joint obligor, and then submitted by or on behalf of the Practice through the System. 
  (e) The cash price of the Procedure shown on the Patient Contract is the "cash price" of such Procedure as defined by applicable law and the price charged by the Practice for substantially similar Procedure services in cash transactions. The amount of any cash down payment disclosed in each Patient Contract was in fact received by the Practice in cash from the Patient. The Patient has no claims or defenses, or potential claims or defenses, against the Practice that may be potentially asserted as affirmative defenses or set-offs against any claim asserted by PatientFi in attempting to collect under the Patient Contract.
  (f) In entering into the Patient Contract assigned pursuant to this Purchase and Sale Agreement, the Practice has fully complied with and not violated any applicable laws, including without limitation those that prohibit unfair, deceptive or abusive acts or practices; those that relate to the confidentiality and security of information about Patients; and those that relate to extensions of credit evidenced by a Patient Contract. The Practice has fully complied with and not violated any federal or state fair lending laws that prohibit discriminatory credit practices on the basis of race, color, religion, national origin, sex, marital status, age (provided the credit applicant has the capacity to contract under state law), the receipt of income from a public assistance program, the exercise of rights under the federal Consumer Protection Act, any type of handicap, and/or familial status. The Practice has not engaged and does not engage in any act or practice that might form the basis of a claim or demand under federal or state law or regulation for any potential actual damages, punitive damages, penalties, fines or other relief that may be assessed for improper credit acts or practices.
  4. PROCEDURE FOR SALE OF PATIENT CONTRACTS
When each condition in Section 2 of this Purchase and Sale Agreement has been satisfied for a Patient Contract and each representation, warranty, and covenant in Section 3 of this Purchase and Sale Agreement is true and correct as to such Patient Contract, the Practice shall deliver the Contract Documents to PatientFi in a manner designated by PatientFi (including, without limitation, by use of the System). If, after review of the Contract Documents, PatientFi in its sole discretion finds the Contract Documents are in order and have been completed and presented in accordance with procedures prescribed from time to time by PatientFi, and so long as the Practice is not in default of this Purchase and Sale Agreement or the Service Agreement, PatientFi shall cause the Practice to be paid the Purchase Amount by electronically transferring such funds to an account designated by the Practice. Notwithstanding anything to the contrary stated on any Patient Contract or Assignment (including without limitation any recourse or nonrecourse assignment provisions), the Practice acknowledges the Fractional Interest in all Patient Contracts that PatientFi purchases from the Practice shall be subject to the terms and conditions in this Purchase and Sale Agreement, and that in the event of any conflict between this Purchase and Sale Agreement and any Assignment or Patient Contract, the terms of this Purchase and Sale Agreement shall prevail.
  5. DELIVERY OF PAYMENTS FROM PATIENT
This Section applies only when the Practice itself receives payments from a Patient that are due under a Patient Contract after its Assignment to PatientFi. If the Practice receives any payment from a Patient on a Patient Contract on or after the date of its Assignment of a Fractional Interest to PatientFi, the Practice agrees to hold such payment in trust for PatientFi and immediately remit it to PatientFi in the form in which such payment was received. The Practice irrevocably appoints PatientFi as the Practice's limited purpose attorney-in-fact, with full power of substitution, to endorse without recourse the Practice's name on any such checks made payable to the Practice as payment under a Patient Contract after its Assignment to PatientFi.
  6. GENERAL WARRANTIES AND COVENANTS OF THE PRACTICE
If the Practice is a business organization, the Practice warrants and represents it is validly existing and in good standing in the state of its formation and that it is duly qualified or domesticated and in good standing in each jurisdiction where such is necessary or advisable. The Practice warrants the execution, assignment and delivery of each Patient Contract to PatientFi, and the execution and delivery of this Purchase and Sale Agreement and all other documents delivered or to be delivered to PatientFi or to which the Practice is a party, have been duly authorized and, upon execution and delivery, such documents constitute or will constitute the Practice's obligations, binding upon and enforceable against the Practice in accordance with their respective terms. The Practice's execution and delivery of this Purchase and Sale Agreement shall not result in a breach of any other agreement binding upon the Practice. PatientFi shall be entitled to assume the person who signs any Contract Document or Transaction Document on behalf of the Practice is authorized to do so. The Practice represents, warrants and covenants it will carry on its business in a lawful manner at all times. The Practice also represents, warrants and covenants that it and any physicians or healthcare professionals working in the Practice and performing Procedures have obtained and will maintain at all times any and all licenses, registrations, certifications, surety bonds, security deposits, and insurance required by applicable law in any location where located and where providing or performing Procedures.
  7. FINANCIAL INFORMATION OF THE PRACTICE
If PatientFi reasonably determines that a Default of this Purchase and Sale Agreement by the Practice has occurred or is likely to occur, or that a Practice employee or representative has committed or attempted fraud affecting PatientFi or a Patient Contract, or that there has been a material deterioration in the Practice’s financial condition, then the Practice shall promptly provide financial information and documents requested by PatientFi as to the Practice's business, properties, officers, and operations. The Practice warrants that none of the financial information and documents submitted at any time to PatientFi shall contain any untrue statement of fact or omit any material fact necessary to make the statements contained therein and herein not misleading. 
  8. THE PRACTICE'S RECORDS; INSPECTION BY PATIENTFI
The Practice shall maintain complete and accurate records concerning the sale of each Procedure. If PatientFi reasonably determines a breach of this Purchase and Sale Agreement or the Service Agreement by the Practice has occurred or is likely to occur, or that a Practice employee or representative has committed or attempted fraud affecting PatientFi or a Contract, then the Practice shall promptly:  (a) provide copies of records of such Procedure(s) to PatientFi upon its request; and (b) permit PatientFi and its representatives to inspect the Practice's books and records relating to such Procedure(s) and to make extracts from them at all reasonable times.
  9. ADVERTISING
The Practice shall not advertise or promote through any medium or method financial products or services associated with this Purchase and Sale Agreement, the Service Agreement, Patient Contracts or PatientFi, unless the Practice has obtained PatientFi’s prior express authorization for the timing and content of any such financial advertisements or promotions or the Practice is using content prepared and provided to the Practice by PatientFi. This restriction on the advertisements or promotions of financial products or services, and the terms and conditions of such financial products or services, shall not apply to advertisements and promotions limited to the healthcare products and services provided by the Practice. 
  10. THE PRACTICE'S PAYMENT OBLIGATIONS
  (a) If the Practice cancels a scheduled Procedure for which it has already received the Purchase Amount and made Assignment of a Patient Contract, or if the Practice fails to notify PatientFi through the System of the satisfactory and timely performance of a Procedure within four (4) business days after the originally scheduled Procedure date in connection with a Patient Contract for which the Practice already received the Purchase Amount, then the Practice must repurchase such Patient Contract without recourse from PatientFi. In any such event, the Practice authorizes PatientFi, immediately and without advance notice, to initiate an ACH debit entry in an amount equal to the Purchase Amount originally paid to the Practice and charging such amount to the same deposit account into which PatientFi originally credited payment of the Purchase Amount. If, for any reason, PatientFi is unable to obtain payment in full of the Purchase Amount after initiating any such ACH debit entry, then the Practice must complete any such repurchase and make payment to PatientFi of the entire Purchase Amount for any such Patient Contract within ten (10) calendar days after PatientFi’s notification and demand for the Practice to do so. 
  (b) If any payment due under a Patient Contract is not made when due and Patient asserts a defense or counterclaim that relates to the date on which the Procedure services were actually performed or provided by the Practice, or the accuracy of the Amount Financed shown in the Patient Contract for the Procedure, then the Practice shall repurchase such Patient Contract without recourse from PatientFi, unless PatientFi determines, in its sole discretion and after reasonable investigation, that any such defense or counterclaim is groundless or asserted in bad faith. The Practice shall complete any such repurchase within 10 calendar days of PatientFi's notification to the Practice for an amount equal to the unpaid balance of the Amount Financed times the rate of Fractional Interest.
  (c) If PatientFi determines that a Patient Contract has been incorrectly and improperly completed or executed, or that a document to be delivered or action to be taken by the Practice under this Purchase and Sale Agreement or any Patient Contract was incorrect or incomplete, and PatientFi requests the Practice to take any lawful remedial action with respect thereto (including in appropriate cases obtaining a replacement or corrected Patient Contract or other document), the Practice shall, within 10 calendar days of PatientFi's notification to the Practice, either comply with such request or repurchase any such Patient Contract without recourse to PatientFi for an amount equal to the unpaid balance of the Amount Financed times the rate of Fractional Interest.
  (d) Regardless of any contributory action, inaction, negligence or liability by PatientFi and regardless of whether any judgment or other judicial or other determination has been made in connection therewith, the Practice agrees to save, indemnify and hold PatientFi harmless to the full extent of any and all liabilities, settlements, fines, penalties, judgments, awards, fees (including but not limited to attorney's fees), expenses and/or costs which may be incurred or expended by PatientFi in connection with any claim (including any counterclaim or holder in due course allegation), demand, administrative proceeding, arbitral proceeding or lawsuit of any nature whatsoever ("Claim"), which may be directed to or asserted or brought against PatientFi or to which PatientFi may be made a party arising directly or indirectly out of:  (i) disclosures made in a Patient Contract about the date on which a Procedure was actually performed or provided and the accuracy of the Amount Financed shown in the Patient Contract for a Procedure; and (ii) any alleged or actual fraud or intentional misrepresentations made or allegedly made by any employee or representative of the Practice. PatientFi shall be entitled to engage separate counsel of PatientFi's choice, to control and determine without the Practice's consent all aspects of the conduct, defense, and/or settlement of the matter, and to be promptly reimbursed by the Practice within 15 calendar days of demand for all amounts incurred or expended by PatientFi in connection therewith.
  (e) Upon the occurrence of a Claim, PatientFi may, in its sole discretion, require the Practice to repurchase the Patient Contract relating to such Claim. Such repurchase shall be made within 10 calendar days of PatientFi's notification to the Practice for an amount equal to the unpaid balance of the Amount Financed times the rate of Fractional Interest.
  (f) The Practice shall satisfy any Payment Obligation by  delivering to PatientFi a cashier's check or money order in the full amount of such Payment Obligation to an address designated by PatientFi,  initiating an ACH credit entry to an account designated by PatientFi pursuant to a separate authorization, or  authorizing PatientFi to initiate an ACH debit entry of an account designated by the Practice pursuant to a separate authorization. The Practice agrees that its Payment Obligations, on and after the date it becomes due and payable to PatientFi, may be satisfied by PatientFi deducting any amounts due under this Purchase and Sale Agreement from any amounts payable by PatientFi under the Service Agreement and/or by PatientFi initiating ACH debit entries to any deposit account designated by the Practice pursuant to a separate authorization, until the Practice’s Payment Obligation to PatientFi is fully paid and satisfied. The Practice may revoke and cancel any prior authorization for PatientFi to initiate ACH debit entries to the Practice’s designated deposit account only to the extent and in the manner described in the Practice’s ACH payment authorization to PatientFi.
  (g) Except as otherwise provided in this Purchase and Sale Agreement and in any applicable Assignment, PatientFi's purchase of any Patient Contract from the Practice shall be without recourse to the Practice.
  11. DEFAULT
The Practice shall have defaulted and be in default under this Purchase and Sale Agreement ("Default") if:  (a) Practice fails to perform, observe or comply with any covenant or provision in this Purchase and Sale Agreement; or (b) any representation or warranty made by the Practice in this Purchase and Sale Agreement or in connection with any Patient Contract is false or incorrect in any material respect; or (c) the Practice fails to perform promptly any of its Payment Obligations; or (d) the Practice exercises or attempts to exercise any rights as a creditor under a Patient Contract other than as expressly provided herein; or (e) the Practice becomes insolvent or admits in writing its inability to pay its debts as they mature; (f) any petition is filed or proceeding commenced by or against the Practice under any bankruptcy or insolvency law; or (g) the Practice is in default under the Service Agreement. 
  12. PATIENTFI'S REMEDIES ON DEFAULT
If the Practice is in Default under this Purchase and Sale Agreement, PatientFi may, in its sole discretion, take any action stated in the Agreement and any other action allowed by law. No remedy of PatientFi shall be exhausted by the initial exercise thereof, but rather PatientFi may exercise all remedies from time to time and as often as PatientFi in its judgment may deem desirable, including by:  requiring the Practice to repurchase from PatientFi, at an amount equal to the unpaid balance of the Amount Financed times the rate of Fractional Interest, any Patient Contract under conditions established by the Agreement; and  terminate, at PatientFi's sole option, any or all of the obligations of PatientFi under this Purchase and Sale Agreement, notwithstanding any existing Approval, provided however that, upon the occurrence of an event described in Section 11(e) or 11(f) of this Purchase and Sale Agreement, such termination shall be automatic and without any action on the part of PatientFi. If the Practice is in Default under this Purchase and Sale Agreement, PatientFi may also exercise any or all of its rights and remedies against the Practice's interest in any Patient Contract, under any other agreement between the Practice and PatientFi, or as otherwise available to PatientFi at law or in equity without notice to the Practice except as required by law. Any amounts owed to PatientFi under this Purchase and Sale Agreement that are not paid when due shall bear interest from date due until paid at the maximum rate of interest permitted by applicable law.
  13. TRANSFER OF OWNERSHIP OR ASSETS
At least 45 days in advance of the following, the Practice shall request, in writing, prior express written consent from PatientFi with respect to:  (a) any change in the ownership of the Practice, including but not limited to any change directly or indirectly occasioned by the sale, exchange, mortgage, pledge, hypothecation, donation (inter vivos or mortis causa), or other transfer of the ownership interest in the Practice whether or not the transfer results in a change of control of the Practice; or (b) any sale, exchange, mortgage, pledge, hypothecation, donation (inter vivos or mortis causa) or other transfer of all or any part of the assets of the Practice in one or subsequent transactions, regardless of whether to a third party or Affiliate of the Practice. Such consent shall be in PatientFi's sole discretion, and may be conditioned, inter alia, on the assumption of the Practice's obligations under this Purchase and Sale Agreement by such transferee of the Practice's ownership interest or assets. In addition to the remedies available for an Event of Default described in this Purchase and Sale Agreement, in the event of an unauthorized transfer of the Practice's ownership interest or assets, PatientFi shall enforce the Practice's obligations through any means legally available to it, which may include but not be limited to successor liability, state licensing board notifications, and least favored nation penalties for Affiliates. In the event of an unauthorized transfer of the Practice's ownership interest or assets, PatientFi shall be entitled to seek and neither the Practice nor any Affiliate transferee shall contest a judgment against the Practice and/or such Affiliate transferee in favor of PatientFi for the full amount of the obligations owed under this Purchase and Sale Agreement plus court costs and attorneys' fees equal to the greater of  the actual amount of such fees costs and fees or  25% of such obligations owed, in any case without prior notice or opportunity of the Practice or Affiliate transferee for prior hearing, without stay of execution or right of appeal, and expressly waiving the benefit of all exemption laws, appeals, stay of execution or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment, and any irregularity or error in entering any such judgment.
  14. TERMINATION
Each Party may voluntarily terminate this Purchase and Sale Agreement for any reason after giving a 30-day advance written notice to the other Party. Such termination under this Section 14 shall not release the Practice from any obligations of payment or performance under this Purchase and Sale Agreement for any Patient Contract not paid in full or repurchased by the Practice prior to termination, including any Payment Obligation owed to PatientFi by the Practice that may arise after termination, nor shall termination of this Purchase and Sale Agreement cancel or limit the exercise by PatientFi of rights and remedies authorized by this Purchase and Sale Agreement and/or by applicable law. The Practice agrees to waive any and all claims for damages against PatientFi and its representatives, including but not limited to loss of anticipated profits, resulting from such termination.
  15. PATIENTFI'S LIABILITY TO THE PRACTICE
PatientFi shall have no liability to the Practice for any action taken or omitted to be taken under or in connection with this Purchase and Sale Agreement, other than a direct result of PatientFi's gross negligence or willful misconduct.
  16. AMENDMENT
This Purchase and Sale Agreement may be amended by:  (a) a separate writing dated and executed by both Parties; or (b) a separate 30-day advance written notification that PatientiFi provides to the Practice, through the System or otherwise. Amendments that PatientFi describes in any such 30-day advance written notification shall be deemed accepted by the Practice, without qualification, when Practice, on or after the effective date set forth in any such notification, requests and obtains:  (1) PatientFi’s Approval of any Patient Contract; or (2) proceeds of a Loan used to purchase healthcare services and goods from the Practice.
  17. FURTHER ASSURANCE
The Practice agrees to execute and deliver to PatientFi such additional documents and instruments as PatientFi may reasonably request from time to time to effectuate the purposes of this Purchase and Sale Agreement.
  18. NOTICES
All notices required or permitted to be given hereunder in writing and shall be deemed to have been given when personally delivered or mailed, by certified or registered mail, return receipt requested, addressed to the intended recipient as follows: (1) notices to PatientFi shall be sent to 15635 Alton Parkway, Suite 160, Irvine, CA 92618, or such other notification address as PatientFi may specify in writing to the Practice after the Effective Date; and (2) notices to the Practice shall be sent to the address specified in the area signed by its duly authorized representative, or such other notification address as the Practice may specify in writing to PatientFi after the Effective Date.
  19. WAIVER BY PATIENTFI
PatientFi shall not be deemed by any act of omission or commission to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by PatientFi and then only to the extent specifically set forth in such writing. A waiver in one event shall not be construed as continuing or as a bar to or waiver of any right or remedy at a subsequent time or in a subsequent event.
  20. GOVERNING LAW AND VENUE
This Purchase and Sale Agreement shall be governed by the law, and the Parties shall be subject to the venue provisions, set forth in the Service Agreement.
  21. MISCELLANEOUS PROVISIONS
All Miscellaneous Provisions set forth in Section 8 of the Service Agreement (including without limitation those relating to Arbitration, Waiver of Jury Trial, Disclaimer of Warranties, Limitation of Liability, Release, and Mutual Indemnification) are incorporated by reference and made a part of this Purchase and Sale Agreement. Neither this Purchase and Sale Agreement, nor any action taken by the Practice pursuant hereto, shall be deemed to make the Practice an agent of PatientFi or authorize the Practice to act as PatientFi's representative. This Purchase and Sale Agreement, any amendments or written directions given pursuant to the terms hereof, and any Patient Contract and related documents constitute the entire agreement of PatientFi and the Practice with respect to the subject matter hereof, except that this Purchase and Sale Agreement shall not apply to any Patient Contract or Approval that was executed, granted or submitted to PatientFi for Approval prior to the date of this Purchase and Sale Agreement. No amendment, modification or waiver of any term of this Purchase and Sale Agreement shall be binding unless made in accordance with Section 16 and 18 of this Purchase and Sale Agreement. The remedies provided in this Purchase and Sale Agreement are cumulative with, and not exclusive of, any remedies provided in any Patient Contract or other agreement or otherwise provided by law. The headings used in this Purchase and Sale Agreement have been included for convenience only and shall not be considered in interpreting this Purchase and Sale Agreement. This Purchase and Sale Agreement shall be binding upon the Practice and PatientFi and their respective heirs, executors, personal representatives, successors and assigns, provided that the Practice's rights under this Purchase and Sale Agreement shall not be assigned nor the Practice's obligations delegated without PatientFi's prior written consent. PatientFi may assign its rights and delegate its duties under this Purchase and Sale Agreement, in whole or in part, by operation of law or otherwise, at any time, and without prior notice to or express consent from the Practice. To the extent the Practice has executed and is subject to any other agreements with PatientFi or any other party affiliated with PatientFi, all other such agreements shall be interpreted consistent with, supplementary to, and in addition to this Purchase and Sale Agreement; provided, however, this Purchase and Sale Agreement shall control over any other such agreements in the event of a conflict between this Purchase and Sale Agreement and such other agreements, to the extent such conflict relates to any subject matter addressed in this Purchase and Sale Agreement. Any signature on this Purchase and Sale Agreement delivered by either Party by electronic means shall be deemed to be an original signature thereto.

By signing the Provider Agreement, the Practice agrees with and shall be bound by the terms of this Patient Contract Purchase and Sale Agreement as of the Effective Date of the Provider Agreement, as well as the conditions and terms of use found on PatientFi’s website regarding the System and Services, all of which shall become binding and effective with regard to the Practice after it has been issued a user name, password(s), and credentials required to use the System and otherwise been activated and accepted by PatientFi for use of the System. 



  Exhibit “A” to Patient Contract Purchase and Sale Agreement
                                            Definitions

"Affiliate" means a person or entity that directly or indirectly controls, is controlled by, or is under common ownership or control with the Practice.
"Agreement" means this Patient Contract Purchase and Sale Agreement, any amendments hereto or modifications hereof under Section 16 of this Patient Contract Purchase and Sale Agreement or which may otherwise from time to time be agreed to in writing by the Practice and PatientFi, and any written directions from PatientFi to the Practice pursuant to the provisions hereof.
"Amount Financed" means the dollar amount of the Procedure that Patient agrees to finance and purchase from the Practice, properly disclosed as such in a given Patient Contract.
"Applicant" means the person or persons seeking to purchase a Procedure from the Practice and finance all or any portion of the purchase price under a Patient Contract.
"Application" means the application for credit submitted by Applicant to the Practice in the form and manner prescribed by or otherwise acceptable to PatientFi.
"Application Approval" means approval by PatientFi, in its sole discretion, of an Application.
"Application Approval Period" means the period of time following PatientFi's notification of a given Approval to the Practice during which Application Approval will remain valid.
"Approval" means the combined Application Approval and Purchase Approval that results from an Application.
"Approval Amount" means the dollar amount corresponding to a given Approval.
"Assignment" means the transfer and assignment by the Practice to PatientFi of a Fractional Interest in a given Patient Contract.
"Completion Certificate" means an acknowledgement signed by Patient that a Procedure has been completed by the Practice to Patient's satisfaction, on a form provided by PatientFi.
"Contract Documents" means those documents and instruments that must be delivered to PatientFi in connection with each Patient Contract under Section 3(a) of this Purchase and Sale Agreement and such other documents as PatientFi may require.
"Fractional Interest" means an undivided interest in all ownership rights of a Patient Contract (including, without limitation, rights to payments and rights to enforce the Patient Contract), but excluding the professional or personal services, duties or obligations of the Practice in, to and under a Patient Contract.
"Fractional Interest Amount" means the amount of the Fractional Interest in a given Patient Contract purchased by PatientFi, which shall be a 100% Fractional Interest, based on the terms established by the Provider Agreement and the Patient Contract Purchase and Sale Agreement between the Parties. 
"Maximum Amount Financed" means a dollar amount equal to the Approval Amount most recently communicated to the Practice by PatientFi.
"Minimum Amount Financed" means a dollar amount equal to the minimum financing amount of a RIC that PatientFi establishes from time to time and communicates before or with Approval of any such RIC.
"Party" means the Practice and PatientFi, individually, and the "Parties" mean the Practice and PatientFi, collectively.
"Patient" means the person who purchases individually, or the persons who purchase jointly, a Procedure from the Practice by entering into a Patient Contract in connection with such purchase.
"Patient Contract" or "RIC" means a retail installment contract executed by the Practice and a Patient, including a promise to pay and disclosure statement, on a form generated through the Program, that results from an Approval.
"Payment Obligations" means the obligations of the Practice to make payments to PatientFi or repurchase Patient Contracts pursuant to Section 10 of this Purchase and Sale Agreement.
"PHI" means protected health information, as defined in the Health Insurance Portability and Accountability Act of 1996 (Pub. Law 104-191) and its implementing regulations.
"Procedure" means the dental or medical services performed by the Practice, the purchase of which is financed under a Patient Contract.
"Program" means that certain Program described in the Service Agreement between PatientFi and the Practice.
"Program Fee and Contract Purchase Schedule" means the current schedule of Purchase Amounts, Purchase Discount Rates and other terms set forth in such schedule and published by PatientFi for purchasing from the Practice a Fractional Interest in a Patient Contract, as may be amended from time to time by PatientFi in its sole discretion pursuant to Section 16 and as made available to the Practice through the System.
"Purchase Amount" means the dollar amount at which PatientFi agrees to purchase a 100% Fractional Interest Amount in a Patient Contract from the Practice, equaling the Amount Financed minus the amount of the corresponding Purchase Discount Rate.
"Purchase Approval" means the agreement by PatientFi to purchase a Patient Contract resulting from a given Approval, subject to the terms and conditions of this Purchase and Sale Agreement.
"Purchase Approval Period" means the period of time following PatientFi's notification of a given Approval to the Practice during which Purchase Approval will remain valid.
"Purchase Discount Rate" means a percentage of the Amount Financed used to calculate the Purchase Amount, as disclosed on the Program Fee and Contract Purchase Schedule.
"Service Agreement" means that certain Service Agreement between the Practice and PatientFi pursuant to which PatientFi provides certain services to the Practice in relation to the Practice's origination and servicing of RICs.
"Subsequent Application" means any Application submitted by an Applicant during the Purchase Approval Period.
"Subsequent Approval" means any Approval that results from a Subsequent Application.
"Subsequent Contract" means any Patient Contract resulting either from the same Approval from which a previously executed Patient Contract had resulted, or from a corresponding Subsequent Approval.
“System” means the web-based finance system provided by PatientFi and licensed for use by the Practice as described in the Service Agreement and the Web Software Service Agreement.
"Transaction Documents" means those documents, instruments and records which, under Section 3(a) of this Purchase and Sale Agreement, are to be retained by the Practice for each Patient Contract.
"Web Software Service Agreement" means that certain Web Software Service Agreement between the Practice and PatientFi pursuant to which PatientFi provides certain services to the Practice and a license to use the System for purposes of originating and servicing of RICs

 

    
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ACH Terms
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                                                                                                                              PATIENTFI, LLC

  Payment Authorization (ACH Network Credit and Debit Entries)

      The Practice authorizes PatientFi, for purposes of making payment to the Practice ofthe Purchase Amount due for any Patient Contract and any Loan proceeds due from third party lenders, to initiate credit (deposit) entries to the deposit account desig-nated below through the ACH network (and, if necessary, to electronically debit the same deposit account to correct erroneous entries). The Practice also authorizes Pa-tientFi, for purposes of making payments to the Practice of amounts due to it for payments received in connection with Patient Contracts that remain wholly or par-tially owned by the Practice, to initiate ACH credit (deposit) entries to the same de-posit account (and, if necessary, to electronically debit the same deposit account to correct erroneous entries). If the Practice cancels a scheduled Procedure for which it has already received the Purchase Amount and made Assignment of a Patient Contract, or if the Practice failsto notify PatientFi through the System of the satisfactory and timely performance ofa Procedure within five (5) business days after the originally scheduled Procedure date in connection with a Patient Contract for which the Practice already received the Purchase Amount, then the Practice authorizes PatientFi to initiate an ACH debitentry to the same deposit account in an amount equal to the Purchase Amount orig-inally paid to the Practice for any such Patient Contract. If the Practice otherwise fails to satisfy a Payment Obligation to PatientFi on or before the date it is due un-der the Patient Contract Purchase and Sale Agreement, the Practice authorizes Pa-tientFi to initiate ACH debit entries to the same deposit account in an amount equal to the outstanding Payment Obligation. 
DEPOSITORY INSTITUTION NAME:
ABA ROUTING NUMBER (should be 9 digits):
DEPOSIT ACCOUNT NUMBER:
NAME ON DEPOSIT ACCOUNT (Must match name on this agreement and voided check)

I, _________________________________, on behalf of ________________________________ (the "Practice"), authorize PatientFi to initiate credit and debit entries through the ACH network as described above and in the Service Agreement and Patient ContractPurchase and Sale Agreement between the Practice and PatientFi, as the same maybe modified or amended from time to time (the "Agreements"). I understand this authorization is continuous in nature and will remain in effect until cancelled by pro-viding written notification to PatientFi in accordance with the Agreements. 
    
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Authorized Signer
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Your information has been received and is currently being reviewed by our Welcome Team. Once we verify your medical practice, a member of our team will reach out to schedule training and complete the onboarding process.
If you have any questions, please feel free to call (866) 734-5979 or email
Testimonials
"We love PatientFi because of its simplicity, flexibility, and most importantly - the savings."
- Dr. Bradley Calobrace - Louisville, KY
"PatientFi’s value proposition makes our practice an even bigger success by decreasing financing risks for patients and lowering costs for us."
- Marie Olesen - CEO, La Jolla Cosmetic Surgery Centre - La Jolla, CA
"Finally with PatientFi we have a financing option that benefits my patients with excellent rate options and no hard credit check."
- Dr. William Adams, Jr. - Dallas, TX
"PatientFi is a win, win, win! Patient wins with no risk application experience. Doctor wins by reduced fees charged compared to other lenders. Staff wins by making their work easier."
- Dr. Brian Reedy - Reading, PA
"PatientFi’s unique offering benefits both patients and our practice, increasing our practice’s revenue while also providing affordable plans for our patients with no hard credit check."
- Dr. Christopher Godek - Toms River, NJ
"PatientFI has been instrumental in helping my clients afford services at my busy plastic surgery practice. Everyone at PatientFi takes pride in their service and their work from top down. They are a joy to work with and have the most effective financing strategy and services available for my patients.”
- Dr. Sean Kelishadi - Newport Beach, CA