TERMS OF BUSINESS

Terms of Business

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This Agreement for the recruitment of physicians is dated DATE  between:

{ CLINIC NAME } (the “Client”) and [Physicians For You Recruitment Ltd] (the “Agent”)

The Agent commits to diligently work on behalf of the Client, on a commercially reasonable basis, to accommodate and fill the Client’s need for the supply of permanent and/or contract Family Physicians or Specialists (each, a “Physician”). The Agent does not guarantee placement.

The following additional conditions shall apply:

  1. An introduction occurs when the Agent introduces a Physician to the Client, whether through providing information which identifies the Physician to the Client or facilitating an interview of a Physician in person or by telephone or other means.
  1. The Client agrees to notify the Agent immediately of any offer of an engagement it makes to a Physician introduced by the Agent and which is accepted by the Physician and to notify the Agent immediately upon the Physician commencing work for the Client. For the purposes of this Agreement, an “agreement to hire” means there has been a verbal or written offer to hire and acceptance of that position and the Agent is entitled to rely on written notice from the Physician (email or otherwise) confirming an offer has been accepted.
  1. For the purposes of this Agreement, an “International Medical Graduate” is defined as any Physician who requires supervision, sponsorship or support and is not fully licensed to practice in the province in which the Client is located and/or where the Physician will be licensed and working (for the Client).
  1. The introduction fee is set at $15,000 (excluding GST/HST) for the placement of 1 International Medical Graduate (IMG) in a position with a one-year term or longer (a “Long Term Position”). This introduction fee is paid in one of two ways, at the option of the Client: (a) $5,000 once there is an agreement to hire, $5,000 upon the Physician receiving his or her pre-approval for licensure from the provincial College of Physicians and Surgeons in the province where there is the agreement to hire, and $5,000 once the Physician has arrived in Canada and started work for the Client; or (b) $7,500 once there is an agreement to hire and $7,500 once the Physician has arrived in Canada and started work for the Client. The Client will notify the Agent on which payment option they would prefer.
  1. For the purposes of this Agreement, “Fully Licensed Physician” is defined as any Physician not requiring IMG supervision, sponsorship or support and is Fully licensed to practice in the province in which the Client is located and/or where the Physician will be licensed and working (for the Client).
  1. The introduction fee is set at $20,000 (excluding GST/HST) for the placement of 1 Fully Licensed Physician in a Long-Term Position. This introduction fee is paid in one of two ways, at the option of the Client: (a) $6,500 once there is an agreement to hire, $6,500 upon the Physician receiving his or her pre-approval for licensure from the provincial College of Physicians and Surgeons in the province where there is the agreement to hire, and $7,000 once the Physician started work for the Client; or (b) $10,000 once there is an agreement to hire and $10,000 once the Physician has started work for the Client. The Client will notify the Agent on which payment option they would prefer.
  1. If the Physician pulls out for any reason/fault that is their own after there is an agreement to hire, but the Physician has not yet commenced work with the Client, initial payments made upon the agreement to hire and upon the Physician receiving his or her pre-approval for licensure (collectively, the “Initial Payments”) are fully refundable if the Agent does not introduce a replacement Physician, which results in an agreement to hire, within 3 months. If the Client pulls out or cannot employ the Physician due to any issues on their side (including but not limited to the role no longer being available, the Client not meeting communication standards set out herein, supervisor or sponsor not approved, or Labour Market Impact Assessment is rejected) then the Initial Payments are non-refundable and will be kept by the Agent. If a Physician pulls out or is unable to proceed as planned as a result of poor communication with the Client or if the Client is not communicating as required under this Agreement, this shall be deemed to be caused by the Client and the Initial Payments shall be non-refundable.
  1. If, within three months of the Physician commencing work for a Long-Term Position, the Physician voluntarily leaves the position through no fault of the Client or is discharged by the Client for fault of the Physician, a partial refund of 50% of the total fee (exclusive of GST/HST) will be paid by the Agent to the Client if a replacement Physician who is introduced to the Client by the Agent does not result in an agreement to hire within 3 months from the date the Physician left.
  1. If subsequent to the Client receiving a refund as set out in sections 7 or 8, the Physician is re-engaged within a period of 24 months from the date of termination, the refund shall be repaid to the Agent. The date of termination is the later of the date on which the contract is terminated, the Physician ceases working or would have ceased working for the Client but for any period of payment in lieu of notice.
  1. For a position with less than a one year-term, the introduction fee is set at $3,000 (excluding GST/HST) per month worked for a Physician. In the event the term commences on a day other than the first of a calendar month or ends on a day other than the last day of a calendar month, the fee shall be determined at the discretion of the Agent, acting reasonably, but in no case shall be less than $1,500 (excluding GST/HST). This fee shall be paid at the end of any calendar month in which the Physician has worked for the Client.
  1. Any Physician recruited within twenty-four (24) months of being introduced to the Client by the Agent will be deemed as coming directly from the Agent and the fees as outlined in sections 4, 6 and 10 above will be owed by the Client and will be paid as mentioned above.
  1. If the Client passes on any information about a Physician to a third party following an introduction by the Agent to the Client, this is a “Third Party Introduction”. If a Third Party Introduction results in an offer of employment to a Physician by the third party within twenty-four (24) months of the Agent’s introduction of the Physician to the Client, then the Client will be liable to the Agent for payment of the applicable introduction fee in accordance with this Agreement as though the Client engaged the Physician rather than the third party and neither the Client nor the third party shall be entitled to a refund of the introduction fee under sections 7 or 8 herein.
  1. All invoices which are delivered by the Agent to the Client hereunder may be given by mail by posting the same by regular mail addressed to the Client at the address provided herein or by any email address provided by the Client to the Agent. The invoice shall be deemed to have been received if mailed, on the third business day following posting, and if sent by email transmission, at the time of the transmission. Any email deemed received after 4:30 p.m. (Pacific Time) on a business day or on a day which is not a business day will be deemed to have only been received on the next business day.
  1. The Client agrees to pay all invoices within 14 days of the date of any invoice deemed received by the Client. Payment will not be deemed received until it is cleared Payments later than this date will automatically have 10% added to the total owed (excluding GST/HST). If the payment is not received within 30 days the Client will be responsible for all and any costs needing to be paid by the Agent to recover all monies owed in full in addition to the original invoice(s) and includes debt collectors, lawyers and any and all court fees.
  1. The Client agrees that the Agent has provided a satisfactory level of information for the Client to make an informed decision to offer a practice opportunity to the Physician. Upon a Physician’s acceptance of an offer, the Client further agrees that the Agent has supplied a suitable physician as per the criteria set forth by the Client pertaining to this opportunity. The Agent shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agent introducing a Physician to the Client or from any Third-Party Introduction or from the failure of the Agent to introduce any Physician to the Client. The Client is responsible to satisfy itself as to the suitability of any Physician for the position it is seeking to fill.
  1. The Client agrees to provide the Agent with a current credit card number to keep on file should it be required for invoices or any outstanding payments. The Agent will maintain all credit card information in strict confidence.
  1. The Agent is not responsible for any actions of the Physician, negligent or otherwise, before or after the commencement of
  1. The Client acknowledges and agrees that regular communication and assistance by the Client is critical for a successful placement of a Physician. The Client agrees to respond to any questions or requests by the Agent within 2 business days of any such question or request.
  1. These terms constitute the entire Agreement between the Agent and the Client for the supply of Physicians and these terms are deemed to be accepted by the Client by virtue of any interview or engagement of a Physician or the passing of any information about the Physician to any third party following an introduction, and the Client is bound by the rules and clauses set out herein. No variation or alteration to these terms shall be valid unless otherwise agreed to by the Agent and the Client in writing.
  1. Each party represents that it has the authority to enter into this Agreement and there are no contractual or legal restrictions prohibiting it from performing all of its duties and obligations hereunder and this Agreement represents a legal, valid and binding agreement that may be subject to compulsory enforcement.
  1. Nothing herein is intended to create or shall be construed as creating a fiduciary relationship between the Agent and the Client.
  1. This Agreement is governed by the laws of British Columbia.
  1. The provisions of this Agreement shall enure to the benefit of and be binding upon the Client and Agent and their heirs, executors, administrators, successors and assigns.
  1. Both Client and Agent agree that facsimile and electronic signatures to this agreement are
  1. This Agreement may be executed in counterparts and upon each party having executed a counterpart, each counterpart shall have the same force and effect as an original instrument.

(Clinic) CONTACT NAME  Date DATE

Address: ADDRESS

Signature: SIGNATURE

 

 (Agent) AGENT NAME  Date:  DATE

 

Address: 322 Inverness Drive, Coldstream, BC, V1B 3W1