Certification and Membership

90 day trial
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  1. TERM AND PURPOSE 

Client agrees to hire Advisor as an independent contractor, and Advisor hereby accepts engagement as an independent contractor for Client, for a twelve (12) month term commencing on the date of execution (the “Term”).  The Client agrees, acknowledges and understands that the services to be provided by Advisor are of a long-term nature and designed to be implemented initially through a minimum period of 90-days of onboarding and then the continuation of training, coaching and engagement with Advisor.  

The parties hereby agree that this Agreement may not be terminated within the Term, and recognizes that Advisor will have expended substantial resources and time in the planning and implementation of the services to be rendered to the Client for the Term.  As a result, in the event the Client seeks to terminate this Agreement during the Term, Client shall not be entitled to any refund of monies paid and shall continue to be responsible for all costs and expenses due and payable as if this Agreement were not terminated for the Term period.  However, in the event the Advisor seeks to terminate this Agreement during the Term or is otherwise unable to perform the required services as provided in the onboarding and other training material, Client will be entitled to a refund that shall be a pro-rated sum based upon the amount of time remaining under the Term.  Further, in the event of a sale of Client’s practice, this Agreement is non-transferable and monies paid hereunder are non-refundable.

Upon the conclusion of the Term, this Agreement shall automatically renew on a yearly basis (“Renewal Term”) unless and until this Agreement is: (a) terminated as provided herein; or (b) either party provides written notice of its intent to cancel which shall not be any later than sixty (60) days prior to the final cancellation date.   

In the event of a party’s (“Breaching Party”) breach of any material obligation, term or condition under this Agreement during any Renewal Term (but not during the Term, which is governed by the language above), the non-Breaching Party may terminate this Agreement for cause if such breach, being capable of cure, remains uncured by the Breaching Party for a period of thirty (30) days following the date that non-Breaching Party provided Breaching Party with written notice specifying the nature of such breach. Either party may terminate without cause in accordance with the paragraph hereinabove which allows for either party to provide written notice of its intent to cancel not later than sixty (60) days prior to the final cancellation date.

  1. Duties

ADVISOR, GPS provides to client:The TAO Method OnDemand platform, which includes: Access to all courses and Case Training and Mentorship support to serve as a center for Dental Training, (5) follow-up sessions reviewing cases scheduled meetings for CEO, Treatment Coordinator and Team with Advisor as a group.  Client will also have a VIP pass at any live conference event during the term (admission, travel, and hotel are Clients responsibility).  Advisor will also provide to Client: One “GASP” book for each doctor.

CLIENT agrees that, in order to achieve optimum results from the services provided by Advisor, Client will be responsible for the implementation of the procedures, training, and management information provided by Advisor and The TAO Method OnDemand Platform. Client agrees to abide by all reasonable and necessary suggestions, activities, and improvements suggested by the Advisor during the term of this Agreement and the Advisor shall in no way be responsible for failure of Client to abide by the terms of this Subsection.

Client further agrees to provide Advisor with all information regarding Client’s practice as is reasonably requested by Advisor, whether proprietary, non-confidential, or of a Trade Secret Nature. Advisor agrees that all information provided by Client shall only be utilized in furtherance of Advisor’s duties under this Agreement and shall be held as confidential. Advisor acknowledges that during the term of this Agreement, Advisor has had and/or shall have access to and has become and/or shall or may become aware of Trade Secret Information and/or confidential information. Advisor agrees to hold in confidence all Trade Secret and/or confidential information disclosed to Advisor. Advisor shall not disclose any Client information provided to third parties without the prior written consent of Client.

Client acknowledges and agrees that all information, materials, methodologies, techniques, workbooks, guides, etc., are the sole and exclusive property and are proprietary to Advisor. Advisor’s proprietary material includes, without limitation, all of Advisor’s concepts, ideas, technology, terminology, techniques, materials, messaging or other information in whatever format, including, without limitation, in audio video, written or electronic format. Client understands and agrees that Client shall have no right, title or interest in or to such proprietary materials and may not license, sell, assign, convey or otherwise transfer any of these materials, or any right, title and interest therein or thereto, to any other person. Client acknowledges that Advisor has developed the Advisor’s proprietary at great expense and the loss or misuse of any of this material cannot adequately be compensated by damages in an action at law.  Client also acknowledges and agrees that coaching sessions may be recorded by Advisor for training, development and accuracy purposes and may be archived by Advisor for future reference in Advisor’s sole discretion.

Client shall not, without prior written consent of Advisor, during the term of this Agreement or for two [2] years after termination of this Agreement, directly or indirectly solicit for employment or contract or produce that any other person solicits for employment or contract any person who is in the employment of or under contract with Advisor during the term hereof (including any extensions).

Client further acknowledges and agrees that full and committed participation in all of Advisor’s meetings, sessions and events is a key element of the effectiveness of GPS approach with the TAO Method.

  1. COMPENSATION 

Client agrees to pay Advisor in exchange for services rendered under this Agreement, the sum of $4,995.  This amount is due in full upon execution of this Agreement.  In addition, Client agrees to pay the sum of $300.00 per month as a service fee; however, the service fee is waived for the first ninety (90) days. 

  1. MODIFICATION/SAVINGS CLAUSE

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party.

If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

  1. CHOICE OF LAW

It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all arbitrations, suits and special proceedings under this Agreement, be construed in accordance with and under and pursuant to the laws of the State of New York and that, in any action, arbitration, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of New York shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any actions or special proceeding may be instituted. This clause shall be subject to the requirements of Section 11 of this Agreement.

  1. NO WAIVER/PARAGRAPH HEADINGS

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 

The titles to the paragraphs of this Agreement are solely for the convenience of the parties bound in this Agreement and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Agreement.  

 

  1. COMPLETE AGREEMENT

This Agreement contains the complete agreement concerning the arrangement between the said parties and shall, as of the effective date hereof, supersede all other agreements between the parties. The parties stipulate that neither of them has made any representation with respect to the subject matter of this Agreement or any representation including the execution and delivery of this Agreement except such representations as are specifically set forth in this Agreement and each of the parties acknowledge that he, she or it has relied on its own judgment in entering into this Agreement. These said parties further acknowledge that any payments or representations that may have been made by either party to the other prior to the date of executing this Agreement are of no effect and that neither said party has relied thereon in connection with his or her dealing with the other.             

  1. INDEMNIFICATION/LIMITATION ON LIABILITY/USE OF OUTSIDE SERVICES/PATIENT CARE/ADDITIONAL SERVICES

Client shall indemnify, defend and hold GPS, its affiliates, and their respective officers, directors, equity holders, employees, consultants, advisors, representatives successors and assigns (the “GPS Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind (including but not limited to attorneys’ fees) (collectively, “Losses”) arising out of, in connection with, or resulting from (i) any breach of or noncompliance with any covenant or agreement of Client as set forth in this Agreement; (ii) any breach of any representation or warranty made by Client in this Agreement; (iii) any claim by a third party in connection with Client’s use of any products or technology or the performance of any services in connection with its business or otherwise, whether or not related to this Agreement; (iv) any and all violations by Client of applicable state, federal and local laws, rules and regulations; and (v) any act of fraud or misappropriation, or any willful misconduct or gross negligence of or by Client, in connection with the performance of, or failure to perform, any of its obligations hereunder.  GPS shall indemnify, defend and hold Client harmless from and against any and all Losses arising out of, in connection with, or resulting from (i) any breach of or noncompliance with any covenant or agreement of GPS as set forth in this Agreement and (ii) any act of fraud or misappropriation, or any willful misconduct or gross negligence of or by GPS, in connection with the performance of, or failure to perform, any of its obligations hereunder.  Notwithstanding the foregoing, neither GPS nor Client shall be required to indemnify Client or the GPS Indemnified Parties, as applicable, to the extent any Loss arises out of the gross negligence or intentional misconduct of Client or the GPS Indemnified Parties, as applicable.  IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY, ITS EMPLOYEES, SUBCONTRACTORS, AND/OR AGENTS, OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR LOST PROFITS FOR ANY CLAIM OR DEMAND OF ANY NATURE OR KIND, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE THEREUNDER OR BREACH THEREOF.

The parties expressly agree that Advisor shall not be liable or responsible in any fashion for patient care needed or to be rendered by the Client.  Advisor is not acting in any capacity as a medical provider for Client’s patients under this Agreement.  All patient care shall remain the sole responsibility of the Client.

Advisor has the right to utilize outside vendors for any aspect of services provided for the Client; however, the Client’s use of any such outside vendor’s services shall only create a relationship between the Client and said outside vendors utilized, and not between the Advisor and said outside vendors.  Should any issue arise between the Client and such outside vendor, that remains the responsibility of the Client to address directly with the outside vendor, and not with Advisor.

The parties agree that in the event Advisor provides any additional services not covered by the terms of this Agreement (i.e., ongoing support with Airway Action Plans, a personalized case review aligning data for the doctors, giving mentorship, etc.), Client shall be responsible to pay such additional sums to Advisor as agreed upon between the parties.

  1. INDEPENDENT CONTRACTOR

These said parties expressly intend and agree that the Advisor is acting as an independent contractor and not as an employee of the Client. Advisor understands and agrees that it shall not be entitled to any of the rights and privileges established for Client’s employees (if any), including but not limited to the following: retirement benefits, medical insurance coverage, life insurance coverage, disability insurance coverage, severance pay benefits, paid vacation, sick pay, and overtime pay. Advisor understands and agrees that Client will not pay or withhold from the compensation due to Advisor pursuant to the Agreement any sums customarily paid or withheld for or on behalf of employees for income tax, unemployment insurance, social security, workers’ compensation or any other withholding tax, insurance, or payment pursuant to any law or governmental requirement, and all such payments as may be required by law are the sole responsibility of the Advisor. This Agreement shall not be construed as a partnership agreement.

  1. OWNERSHIP OF WORK PRODUCT

The parties hereby agree that the Advisor shall own and retain right, title and interest in and to all inventions, discoveries, improvements, ideas, formulas, systems and related documentation and other works of authorship (herein referred to as ‘Intellectual Property’), whether or not patentable, copyrightable, or entitled to or eligible for other forms of protection, which during the term of this Agreement Advisor may create, develop, write or conceive, where during or outside of regular working hours on Client’s premises, either alone or together with others (including others not employed by Client or any subsidiary or affiliate of Client), in whole or in part, during the course of such work under this Agreement. Advisor shall in no way be construed as hired to produce a “work for hire” as that term is defined in Section 101 of Title 17 of the United States Copyright Act. 

  1. ARBITRATION OF DISPUTES

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be heard by arbitration in accordance with the rules of the American Arbitration Association with venue to be in any County within the State of New York as selected by Advisor, or, at the Advisor’s option, in any federal or state court in any County within the State of New York as selected by Advisor.  Judgment upon the award rendered by an arbitrator may be entered in any federal or state court within New York as selected by the Advisor.

  1. SUCCESSORS AND ASSIGNS

The right and obligation of the parties under this Agreement shall ensure to the benefit of and shall be binding upon the successors and assigns of these said parties. However, neither party shall be entitled to voluntarily assign any of their rights or obligations under this Agreement without the other party’s prior written consent. 

  1. ANTICIPATED RESULTS OF PROGRAM ENROLLMENT/REBATES

The parties agree that these anticipated results of program enrollment are not a guarantee but instead constitute a statement of intention with regards to program enrollment and expected outcome.  The Client is hiring the Advisor to assist with the complex burden of training and implementation for dental services related to sleep apnea and TMD.   The Client agrees to follow the TAO Method screening protocol and follow the screening and treatment protocol and be sure to follow the documentation process completely.

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Certification and Comprehensive Airway Training

TMJ, Airway/Sleep and Intro to Ortho for a team-driven approach

Online Live-Virtual group training for you and your team.  Over the course of 12 months receive all the tools, resources, training and techniques to successfully and simply integrate airway treatment into your practice.  All experience levels welcome.

Certification in the healthy night guard with airway promises

Exam techniques to rule-in airway as an issue

Treatment planning training - how to involve the team

Team training - we help you find, train and develop your airway champion

Case Reviews - stumped on how to treat patients?  Learn from expert Certified Doctors

Home Sleep Test - Training, how-to's, Physician services, and software bundled for simple solutions

Completing this form gives you access to all your benefits with a dashboard to access:

  • Online course access for team training on TMD, Airway and Intro to Growing the Airway
  • Case-Reviews 
  • Treatment Planning mentorship through an Airway Action Plan
  • Continued online course mentorship for the dental team
  • Continued Mentorship for Doctors
  • Membership discounts on CE *(TBD)
  • Dental Hygiene Mentorship and Myofunctional program offers
  • Practice Development support with accountability
  • Member rates for lab cases

 

What People Are Saying:

There's a lot of layers to this.  Because of this program I see it (signs and symptoms) more often and the more I see it the more I can be able to diagnose and treat which I am excited about.  I couldn't be happier.  I'm bringing my Hygienist with me to the training.  This is really good!

Dr. Del Rosario

I've never had such amazing support. I had no experience and felt unsure. Once I started training I found myself confident and able to treat patients in a very short period of time.

Dr. C

The FAQ sessions are so helpful. We get together and go through cases, talk about questions we have and really help each other out. After the initial training, it comes down to what really matters.....treating our patients with the best care

Dr. S

The most helpful part of the training was going through my own home sleep test walking through the process with myself as my first patient. The team is so helpful and teaches me in ways that is simple and easy to understand.

Dr. B