P-Long System Agreement
“The P-Long System” is the specialized training program, protocols, and procedures in male rejuvenation to improve the length, girth, and function of a normal man’s penis which was developed by P-Long, LLC, a California limited liability company, and its principal, Judson Brandeis, M.D. “You” or “Your” means the person who is a licensed physician practicing medicine who desires training in the P-Long System. The use of the words “we”, “our,” “us” and “Company” means P-Long, LLC and its affiliates. When you agree to all the below and we accept your agreement, the terms and conditions below will be considered our “Agreement”.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WITH P-LONG, LLC (THE “COMPANY”) AND ITS AFFILIATES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY REGARDING YOUR USE OF THE P-LONG SYSTEM.
1. ACCEPT TERMS AND CONDITIONS
To receive training for and to use the P-Long System you must accept the terms below by clicking “I have read and agree to the website terms and conditions” box on https://p-long.com/checkout
Once all the terms below (the Agreement) are accepted by you, we will confirm by email to your billing email address listed on https://p-long.com/checkout
2. TRAINING
You agree that once accepted for training in the P-Long System by us, the Company will provide you with specialized training in the P-Long System (“Training Program”). You acknowledge that Company may perform additional studies in connection with the P-Long System, and may update the Training Program any time, at its discretion.
3. P-LONG DIRECTORY
Upon satisfactory completion of the Training Program and confirmation by us of your credentials, you will be eligible for inclusion in an online directory maintained by the Company at p-long.com (the “P-Long Directory”).
4. LICENSE TO PRACTICE; BOARD SPECIALIZATION
You must maintain a valid and unrestricted license to practice medicine in all states where you treat patients, and will act in accordance with all applicable state and federal statutes and regulations and in a manner that is not reasonably anticipated to injure the reputation of Company. You are and will remain board-certified or board-eligible. You are and will remain a member in good standing of the California Medical Association or equivalent state medical association in the state where you practice.
5. MEDICAL CARE AND TREATMENT CONSISTENT WITH TRAINING PROGRAM
You will render medical care and treatment in connection with the P-Long System consistent with your licensing and medical specialty and the Training Program. When you treat a man with the ‘P-Long Protocol’ you will not alter the techniques, protocols, and procedures of the Training Program and will only perform the P-Long System as trained pursuant to the Training Program. If you are performing the P-Long protocol, you agree that you will not add stem cells, exosomes, amnio, Wharton’s jelly, or any other products or techniques until additional studies by Company have been completed and updates made to the Training Program. As a physician, you may choose to treat your patients with a protocol that varies from the P-Long Protocol. We ask that if you make alterations to the protocol, that you do not refer to the treatment as the ‘P-Long Protocol’.
You agree to utilize the informed consent documentation and additional patient education materials provided by the Company.
6. ATTRIBUTION OF P-LONG SYSTEM
You will attribute the P-Long System program, protocols, procedures, treatment, and techniques solely to Company and Dr. Brandeis and give credit to Company and Dr. Brandeis in any materials or communications marketing the P-Long. This obligation survives termination of our Agreement.
You agree that you will not rebrand or otherwise utilize the P-Long System, or any part of it, as your own, or make any alterations to the P-Long System for the purposes of marketing or selling to others.
7. STATUS
You acknowledge and agree that the Company does not practice medicine and that you are solely responsible for the treatment of patients and exercise of your independent medical judgement. We will not interfere or direct you relating to medical questions and/or medical decisions on behalf of patients.
8. NO REFERRALS
Nothing in this agreement, whether written or oral, nor any consideration in connection herewith contemplates or requires the referral of any patient to either you or us.
9. CONSIDERATION, INSURANCE, AND INDEMNIFICATION
a. Training Fee. You will pay Company a one-time training fee of [$299] (“Training Fee”), prior to starting the Training Program.
b. Directory Fee. You will pay Company a monthly fee of [$59], due on or before the first day of each month (“Directory Fee”).
c. Professional Liability Coverage. You will at all times maintain professional liability insurance coverage for patient care services performed by you in connection with the P-Long System, with coverage limits not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate. You will be responsible to provide continuing coverage following a change in your insurance. If requested by us, you will obtain and extended reporting coverage (“tail coverage”).
d. Indemnification. You agree to indemnify and hold Company harmless from and against all liability, losses, damages, claims, causes of action, costs or expenses (including reasonable attorneys’ fees) (“Losses”), which directly or indirectly arise from the performance of the P-Long System by you, your agents, representatives, and/or employees.
10. TERMINATION BY COMPANY
This Agreement will terminate immediately, with no further action required by Company, upon the occurrence of any of the following events:
a. The suspension, limitation, revocation, or cancellation of your license to practice medicine in any state, your board certification (or recertification, as applicable), or your DEA license;
b. The termination of your membership with the California Medical Association or equivalent state medical association, for any reason;
c. Your conviction of a felony or misdemeanor involving health care or moral turpitude; or
d. Your death or permanent disability.
This Agreement may be terminated for cause by us upon the occurrence of a breach of any obligation under this Agreement which remains uncured, or without your taking appropriate steps to cure, for a period of ten (10) days following notice to you.
Either you or Company may terminate this Agreement without cause upon thirty (30) days’ advance written notice to the other party.
Upon termination of this Agreement, you agree to immediately cease using the P-Long System materials provided by Company to you, and Company will immediately remove you from the P-Long Directory.
e. Attorney’s Fees. In any action brought to interpret or enforce this terms and provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees and court costs in addition to any other relief that may be awarded or granted.
DESCRIPTION OF TRAINING PROGRAM
The P-Long® Provider Membership includes access to Medical Training, A Customized & Automated Marketing System Pre-Programmed With P-Long Campaigns and A Dedicated Listing On P-Long.com.