Authoring Application

Your access to and use of the HealthCourse Standardized Patient Service (also referred to as “SPVisits”) and/or the Site (collectively, the “SP Service”) is governed by these SP Service Terms and Conditions. Any capitalized terms that are not defined in these SP Service Terms and Conditions shall have the meaning ascribed in the Terms of Service or Privacy Policy, as applicable. The HealthCourse Policies are hereby incorporated into and deemed part of these SP Service Terms and Conditions as though fully set forth herein. In the event of a conflict between the SP Service Terms and Conditions and the Terms of Service, the SP Service Terms and Conditions shall govern.

1. Overview of the SP Service.

   The SP Service is designed to assist healthcare professionals (each, a “Healthcare Professional”) in developing clinical and communication skills through simulated “video visits” with standardized patients (each, a “Standardized Patient”). The SP Service provides Healthcare Professionals with the ability to schedule and participate in video conferencing sessions with Standardized Patients. These video conferencing sessions are recorded by HealthCourse, and may be reviewed and evaluated by trained professionals.

2. Registration.

   You acknowledge and agree that in order to access, use and/or participate in the SP Service as a Standardized Patient, Observer, or Trainer, you must create an account using the online registration process located at sp.sp-ed.com/register, and participate in one or more live interviews, including, but not limited to, video conferencing. Standardized Patients shall be approved for participation in the SP Service by HealthCourse in its sole and absolute discretion. Such approval shall be based on criteria as determined by HealthCourse in its sole and absolute discretion. In connection with such approval, the rate at which each approved Standardized Patient will be paid shall be determined by HealthCourse in its sole and absolute discretion, which shall reflect, among other things, an assessment of each Standardized Patient’s relevant experience level.

3. Standardized Patients

   The following terms and conditions apply to you if you use the SP Service as a Standardized Patient:

   1. You understand that you will be interviewed by Healthcare Professionals via videoconferencing sessions in the same manner that would occur if you were an actual patient/client. You acknowledge and agree that “treatment” as referenced in these SP Service Terms and Conditions is not intended to be definitive diagnosing or care, and that no physician-patient relationship will be created through or as a result of your participation in and use of the SP Service.
   2. You may be required to assess the Healthcare Professional’s performance by providing HealthCourse with qualitative and/or quantitative data. You understand that you have no right, title, or interest to such assessments/data and hereby consent to the use of such assessments/data in any data analysis, including, without limitation, for educational and/or research purposes.
   3. For good and valuable consideration which will be stated in your “SP/Trainer/Observer Dashboard” upon acceptance of your application you hereby grant to HealthCourse, its affiliates, legal representatives, and assigns, (collectively, the “HealthCourse Entities”), the irrevocable and unrestricted right and permission to create, use, re-use, publish, and re-publish video recordings, audio recordings, photographs, or other media that contain or capture your likeness or voice or in which your likeness or voice may be included (the “Recordings”) in connection with the provision of the SP Service and in any publication or materials relating to the SP Service including presentation or promotional materials. The Recordings will not include your actual name or other identifying data. You acknowledge and agree that HealthCourse owns all right, title, and interest in and to the Recordings, including all copyrights therein and the full and unrestricted right to edit and modify the Recordings, and you hereby assign and agree to assign any such interest that you may own or control to HealthCourse. You hereby waive any right you may have to inspect or approve the Recordings or any finished product or products incorporating the Recordings and any written or other print material that may be used in connection therewith, including print or digital material. You acknowledge that nothing in these SP Service Terms and Conditions obligates HealthCourse or any third party to make any use of the Recordings.
   4. You acknowledge that it is your responsibility to secure a quiet professional environment with appropriate clean background and lighting for the videoconferencing sessions.
   5. You acknowledge that the videoconferencing sessions require a working webcam and internet connection that supports videoconferencing. You are responsible for securing (at your sole cost and expense) all necessary hardware, software and internet connectivity required for the videoconferencing sessions.
   6. You agree that you are an independent contractor and not an employee or agent of HealthCourse and that you assume full responsibility for payment of all taxes, including federal, state and local taxes, arising out of your activities related to the SP Service.
   7. You agree to keep all of your interactions with Healthcare Professionals confidential and disclose the same only to HealthCourse personnel. You shall protect HealthCourse confidential information with the same degree of care that you exercise with your own confidential information, but in no event less than a reasonable degree of care. Confidential information means any material, software, data or business, financial, operational, customer, and other information disclosed and not generally known by, accessible to, or disclosed to the public or known to the receiving party solely by reason of the negotiation or performance of these SP Service Terms and Conditions.
   8. These SP Service Terms and Conditions are effective upon the date that they are acknowledged and may be terminated in accordance with this Section 3.
      1. HealthCourse may immediately terminate the SP Service Terms and Conditions for Cause (as hereinafter defined), and in such case, HealthCourse shall have no obligation to make any additional payments to Standardized Patient.
      2. HealthCourse may immediately terminate the SP Service Terms and Conditions other than for Cause, and in such case, HealthCourse shall pay the fees for work delivered as of the effective date of termination.
      3. Standardized Patient may terminate the SP Service Terms and Conditions at any time on 14 days’ notice to HealthCourse, and in such case, HealthCourse shall pay the fees for work delivered as of the effective date of termination.
         
         The term “Cause” shall mean theft, conviction of a felony, conviction of a misdemeanor involving dishonesty, sexual or other prohibited harassment of employees, unauthorized disclosure of the Healthcare Professional’s confidential information, use or possession of illegal drugs, or any act of moral turpitude that is damaging to HealthCourse.
   9. Any and all training manuals, cases, checklists and all other materials provided to you by HealthCourse are the copyrighted property of HealthCourse, its affiliates, Licensors or Business Associates. You agree to use these materials only in connection with your performance of services as a Standardized Patient in connection with the SP Service, and to return or destroy any such materials upon the termination of your services for HealthCourse or upon HealthCourse’s request at any time.