Service Agreement

Rev. 07.24.23

These Terms of Service are linked within the proposal that you accept. By signing your proposal you are accepting these terms.

Terms and Conditions
Term of the Agreement: This Service Agreement (“Agreement”) shall be effective upon execution by both parties and will continue until terminated as provided below or at the time all Services have been provided by EMS Unlimited.
Termination: Any termination is subject to the Cancellation Policy set forth below.
Either party may terminate this Agreement by giving thirty (30) day’s written notice to the other party.
EMS Unlimited may terminate this Agreement immediately if Service User fails to pay any charges when due or fails to perform or observe any other material term or condition of this Agreement.
Payment and Cancellation Policy:
Payment: Service User agrees to pay EMS Unlimited for the Services set forth in this Agreement as provided below:
Payments may be made by card, cash or check made payable to “Event Medical Solutions Unlimited, LLC”
Invoices for services rendered with a term of Net 30. Full payment for each invoice must be received within 30 calendar days.
- A 4 hour minimum will be required for all events.
- Deposits: Applicable to projects estimated to be greater than $500. Service User will remit a 50% non-refundable booking deposit prior to their event to secure staff availability and quoted rates.
- Service Modifications: Any requested changes by Service User to this Agreement (“Service Modifications”) must be in writing and must be delivered to EMS Unlimited not less than fourteen (14) prior to the Start Date of the Event.
- Cancellation Policy:
  Cancellations made due to weather or other natural events beyond the control of Service User will not incur additional charges.
  Cancellations for any other reason must be made in writing no less than 14 days in advance. Cancellations made less than 14 days in advance for reasons other than natural or weather related reasons will incur a cost equal to that of the scheduled services.
  Events cancelled and subsequently rescheduled within 14 days will not incur any additional charges for notices less than 14 days. Full staffing availability cannot be guaranteed for events rescheduled less than 72 hours from the time of initial event.
  Service User will be billed for any EMS Unlimited time at an event if the event is cancelled prior to completion. Hours on-site are billable.
Late Fee's
- Invoices will be sent on Net 30 Terms, invoices not paid by the required date will incur late fees. Once an invoice is overdue, a 10% late fee will be assessed on the current balance. Thereafter an additional 10% will be assessed every 30 day's on the remaining balance.
Insurance
Insurance: EMS Unlimited will provide all healthcare services under a uniform professional liability insurance policy with coverages to meet or exceed $1,000,000 per occurrence and $3,000,000 in the aggregate.
Patient Care Reports (PCR): All EMS Unlimited Services which provide Aide Tents or Staff will include standard provisions for documenting patient contact, assessment and care in accordance with federal privacy laws. EMS Unlimited will maintain patient confidentiality and is under no obligation to disclose information or details in any medium or communication relative to any patient contact unless explicitly required for the provision of immediate care, transport or event coordination.

EMS Unlimited will collect data on all requests for service at your event. This may include but is not limited to sunscreen, band aids, splinting and medical/trauma emergencies. This data will be provided to you at your request and will not be disclosed outside of your organization unless required by law. This data will be used by EMS Unlimited in a manner that best suits our needs.

Infectious Waste

: All EMS Unlimited Services which provide Aid Stations or Staff will include proper handling of infectious waste, potentially infectious waste, sharps or other items potentially contaminated as a direct result of our patient care activities.

Limitations of Service:

Any charges or fee’s accrued for ambulance transport or additional care beyond that of what is specifically set forth in this Agreement is not the responsibility of EMS Unlimited.

Limitation of Liability/Indemnification:

Service User acknowledges and agrees that EMS Unlimited’s liability to Service User, whether in contract, in tort, under any warranty, in negligence or otherwise, will not exceed the amount paid by Service User to EMS Unlimited for the Services, and under no circumstances will EMS Unlimited be liable to Service User for any incidental, special, indirect, punitive, or consequential damages. No action, regardless of form, arising out of this Agreement may be brought by Service User more than one (1) year after the cause of action has occurred. Service User will defend, indemnify and hold harmless EMS Unlimited and its directors, shareholders, managers, members, employees, contractors, affiliates, agents and other representatives from and against any and all liabilities, claims, damages, costs, expenses (including reasonable attorney’s fees), actions, proceedings, suits and arbitrations resulting from or arising out of the use of the Services by Service User in any manner prohibited by this Agreement.

Confidentiality

: Service User agrees to safeguard any and all EMS Unlimited’s proprietary documents or other services/products from unauthorized disclosure. Any and all information contained within this Agreement will not be disclosed, duplicated, or used, in whole or in part without the written consent of EMS Unlimited.

Force Majeure:

EMS Unlimited shall not be liable in any way for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond EMS Unlimited’s reasonable control, including, but not limited to fire, explosion, strikes, labor disputes, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure materials, product transportation facilities, fuel or energy shortages or any other causes beyond EMS Unlimited’s reasonable control.

Scope of Care:

Nothing herein shall be construed to create a higher standard of care on the part of EMS Unlimited than generally recognized under the laws where Services are rendered.

Staffing assignments and medical plans are made based on the services selected by the customer. EMS Unlimited assumes no liability or responsibility for any understaffed or otherwise inadequate medical services to your event.

Photography/Videography:

EMS Unlimited reserves the right to capture photographs, videography or other mediums of documenting the services rendered by it for the purposes of quality control, marketing or otherwise as determined by EMS Unlimited. This may include, without limitation, photographs of Event participants, EMS Unlimited resources, or Event landscapes. With respect to injured or ill patients, EMS Unlimited will safeguard all documented media in accordance with applicable privacy regulations.

Notices

: All notices required or permitted to be given to the other party under this Agreement shall be given in writing and either (1) delivered in person, (2) addressed and deposited in the United States mail, postage prepaid, or (3) sent via electronic mail when specific addresses are provided within this Agreement.

Modification or Waiver:

This Agreement may not be modified unless done in writing sign by both parties. The waiver by either party of any breach of this Agreement shall not operate as a waiver of subsequent breach of the same or different kind. The failure of either party to exercise rights under this Agreement in a particular instance shall not operate as a waiver of the party’s right to exercise the same or different rights in other instances.

Assignment

:This Agreement may not be assigned by Service User without the prior written consent of EMS Unlimited, such consent not to be unreasonably withheld.

Binding Nature:

This agreement will be binding upon the parties and their respective heirs, personal representatives, successors and assigns and inure to their benefit.

Severability

: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect. However, if such provision is an essential element of the Agreement, the parties shall promptly negotiate a solution or replacement.

Remedies

; Choice of Law: Except as otherwise provided in this Agreement, the parties will have any and all rights and remedies available to them under the laws of the state of Colorado. All rights and remedies will be cumulative and may be exercised singularly or concurrently. The construction, interpretation and performance of this Agreement shall be governed by the domestic laws of the State of Colorado.

Binding Arbitration:

In the event of dispute or any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Arbitration will be the exclusive method of resolution. The venue for any dispute shall be Steamboat Springs, Colorado.

Disqualification and ejection from events:

Event Medical Solutions Unlimited, LLC reserves the right to disqualify or otherwise prevent participants from continuing an event if a safety issue or injury becomes of concern.

Complete and Final Agreement

: This Agreement, including all Attachments and Exhibits, sets forth the entire understanding of the parties with respect to the subject matter of this Agreement and supersedes any and all prior contemporaneous negotiations, understandings and agreements, whether written or oral between the parties with respect to such subject matter.