What is the relationship between MSO and Provider in the Advanced Mobile Iv And Amiv agreement?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
anchise system.
Franchise Disclosure Document Exhibit I Medical Director Agreements
MANAGEMENT SERVICES AGREEMENT
| , | LLC, | Texas | limited | liability | company | located | at |
|---|---|---|---|---|---|---|---|
| a ("MSO") and, PA, a Texas Professional | |||||||
| Association, who may be reached via notice at | ("Provider"). | ||||||
| For purposes of this Agreement, Provider | and MSO are each a "Party" and collectively are | ||||||
| "Parties." This Agreement is executed upon the last signature of the Parties, below. |
RECITALS
WHEREAS, Provider is a licensed healthcare practice providing medical spa healthcare services; and
WHEREAS, MSO is a company specializing in providing management, administrative, and technology services to healthcare professionals; and
WHEREAS, the Parties desire that MSO provide such services on the terms and conditions contained in this Agreement.
NOW, THEREFORE, the Parties to this Agreement do hereby agree as follows:
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- RELATIONSHIP OF PROVIDER AND MSO. "Provider Site" in this Agreement shall mean any location where the practice of medicine is performed by Provider and the Professional Services hereunder may be performed by MSO and supervised by Provider.
- A. Appointment of MSO. During the Term of this Agreement, Provider hereby appoints MSO as the sole and exclusive provider of certain services set forth hereunder with respect to Provider's provision of professional services ("Professional Services") at the Provider Site, and MSO hereby agrees to furnish Provider with such services, in accordance with the terms and conditions set forth in this Agreement. MSO shall provide, or arrange for the provision of, such services by or through employees, affiliates, or independent contractors, in whatever manner it deems reasonably appropriate to meet the requirements of Provider, and may expend such time as MSO determines is necessary or advisable in its reasonable discretion.
- B. Retention of Authority and Control by Provider of Professional Services.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to Advanced Mobile Iv And Amiv's 2023 Franchise Disclosure Document, the agreement outlines a specific relationship between the MSO (Management Services Organization) and the Provider (a licensed healthcare practice). The MSO specializes in providing management, administrative, and technology services to healthcare professionals, while the Provider delivers medical spa healthcare services. The agreement stipulates that the MSO will provide these services to the Provider under the terms and conditions outlined in the agreement.
The Provider appoints the MSO as the sole and exclusive provider of certain services related to the Provider's professional services at the Provider Site. The MSO is responsible for providing or arranging these services through its employees, affiliates, or independent contractors, using its discretion to meet the Provider's requirements. However, the Provider retains overall control of the operations and legal responsibility for the professional services rendered. The MSO's duties are strictly non-clinical and administrative.
This arrangement ensures that the Provider maintains authority, supervision, and control over the healthcare services, while the MSO handles the administrative and management aspects of the practice. The agreement explicitly states that it should not be interpreted as the MSO engaging in medicine, mental health, or any licensed healthcare activity. This division of responsibilities allows the Provider to focus on patient care while the MSO manages the operational and administrative functions, creating a structured business relationship.