Legal Documentation

Comprehensive legal policies and agreements governing platform use

Technology Marketplace Only

Last Updated: January 2025 | Version 1.0

Platform Ownership: The LOCUM BNB platform is owned and operated by Good Earth LLC, a company registered in the State of Delaware, USA. All legal matters are governed by Delaware law.

This platform operates exclusively as a technology marketplace that facilitates connections between healthcare facilities and physicians seeking locum tenens assignments.

The platform is NOT:

  • An employer of physicians or healthcare facilities
  • A staffing agency or recruitment firm
  • A healthcare provider or medical service organization
  • A credentialing or licensing authority
  • A supervisor of clinical care or medical practice

The platform provides technology tools for listing assignments, browsing opportunities, facilitating introductions, and processing payments. All employment relationships, clinical supervision, and medical care occur independently of the platform.

Cancellation & Penalty Policy

Binding Agreement for All Assignments

Critical Requirement

All cancellations are subject to penalties to ensure commitment and reliability. Both Physicians and Facilities are equally bound by this policy.

1. Policy Definition at Job Posting

Facilities must define cancellation terms when creating each job posting. These terms become binding upon physician application and acceptance.

Required Elements:

  • Cancellation windows (e.g., 30 days, 14 days, 7 days before assignment)
  • Escalating penalty percentages for each window
  • Grace period (if any) with no penalty

2. Standard Penalty Structure (Recommended)

Cancellation WindowPenalty
30+ days before assignment0% (No penalty)
15-29 days before assignment25% of total payment
8-14 days before assignment50% of total payment
1-7 days before assignment75% of total payment
Day of assignment or no-show100% of total payment

3. Physician Agreement Requirement

Before applying to any assignment, physicians must:

  • Review the facility's specific cancellation policy
  • Explicitly accept the cancellation terms
  • Digitally sign acknowledgment of penalties

This acceptance is legally binding and becomes part of the assignment contract.

4. Symmetry Rule: Facility Cancellations

Facilities are subject to the same penalty structure they define for physicians.

If a facility cancels an assignment, the physician receives the penalty amount as compensation for lost opportunity and preparation time.

5. Automated Penalty Enforcement

Penalties are enforced automatically through the payment system:

Physician Cancellation:

The applicable penalty percentage is recorded against the escrowed payment. Final disbursement amounts to either party are determined by platform admin at their discretion, after deducting applicable administrative costs. The platform does not guarantee transfer of the full penalty amount.

Facility Cancellation:

The applicable penalty percentage is recorded against the escrowed payment. Final disbursement amounts to either party are determined by platform admin at their discretion, after deducting applicable administrative costs. The platform does not guarantee transfer of the full penalty amount.

6. Exceptions & Force Majeure

Penalties may be waived in cases of:

  • Medical emergencies (physician or immediate family)
  • Natural disasters or extreme weather
  • Government-mandated closures or travel restrictions
  • Death in immediate family

Note: Exception requests must be submitted with supporting documentation and are subject to platform review.

7. Audit Trail & Documentation

All cancellations are logged with:

  • Timestamp of cancellation request
  • Reason for cancellation
  • Penalty amount calculated and applied
  • User identity and IP address
  • Payment transaction details

Dispute Resolution Policy

Fair and Transparent Conflict Resolution

The Platform provides a structured dispute resolution process to fairly resolve conflicts between Physicians and Facilities.

1. Dispute Initiation

Either party may initiate a dispute through the Platform dashboard.

Mandatory Dispute Fee: $300

Charged immediately upon dispute initiation to prevent frivolous claims. Fee is refundable if dispute is resolved in your favor.

Required Information:
  • Assignment details
  • Dispute category (payment, quality, conduct, contract breach)
  • Detailed explanation of the issue
  • Supporting documentation (contracts, communications, evidence)
  • Desired resolution

2. Dispute Resolution Process

1
Automatic Escalation

Dispute is immediately escalated to Platform admin panel for review.

2
Payment Hold

If dispute involves payment, escrow release is automatically paused until resolution.

3
Evidence Collection

Both parties have 48 hours to submit additional evidence and statements.

4
Platform Review

Admin team reviews all evidence, communications, and contract terms. Review completed within 5-7 business days.

5
Mediation Attempt

Platform facilitates communication between parties to reach mutual resolution.

6
Binding Decision

If mediation fails, Platform issues binding decision based on evidence and contract terms.

3. Possible Outcomes

Full Resolution in Favor of Initiating Party:

Dispute fee refunded. Requested remedy granted (payment release, penalty waiver, etc.).

Partial Resolution:

Compromise solution. Dispute fee may be split or refunded based on outcome.

Resolution in Favor of Responding Party:

Dispute fee forfeited. Original terms upheld.

Escalation to Arbitration:

Complex disputes may be escalated to binding arbitration (see Section 5).

4. Abuse Prevention

The Platform tracks dispute patterns to prevent abuse:

  • Users with 3+ disputes in 12 months are flagged for review
  • Frivolous disputes result in warnings and potential account restrictions
  • Repeated abuse may result in account suspension or termination
  • Dispute fees are non-refundable for clearly frivolous claims

5. Binding Arbitration

If Platform mediation does not resolve the dispute, the matter will be submitted to binding arbitration.

Arbitration Terms:

  • Conducted under American Arbitration Association (AAA) rules
  • Governed by the laws of the State of Delaware (Good Earth LLC, the owner of LOCUM BNB, is registered in Delaware)
  • Single arbitrator selected by mutual agreement or AAA appointment
  • Arbitration costs split equally between parties
  • Decision is final and binding under Delaware law
  • Limited grounds for appeal

6. Communication During Disputes

All dispute-related communication must occur through the Platform:

  • Direct contact between parties is discouraged during active disputes
  • All messages are logged and timestamped
  • Platform admin team monitors all communications
  • Harassment or abusive language may result in immediate account action

Non-Circumvention Agreement

Mandatory for All Platform Users

Legally Binding Agreement

By using the Platform, you agree not to circumvent the Platform by engaging in direct relationships with parties introduced through the Platform.

Violation results in a $25,000 penalty per violating party.

1. Agreement Scope

This agreement applies to:

  • All Physicians registered on the Platform
  • All Facilities posting assignments on the Platform
  • All Third-Party Vendors providing services through the Platform

Acceptance occurs automatically upon account creation and is reaffirmed with each application or assignment posting.

2. Restriction Period: 24 Months

For 24 months following any introduction made through the Platform, you agree NOT to:

  • Engage in any direct business relationship outside the Platform
  • Enter into employment arrangements without Platform facilitation
  • Provide or receive services through alternative channels
  • Share contact information for the purpose of circumvention
  • Facilitate introductions to third parties to bypass the Platform

3. Penalty for Violation

$25,000 per violating party

This penalty represents liquidated damages, not a penalty clause. It is a reasonable estimate of the Platform's damages resulting from circumvention, including:

  • Lost platform fees (9% of transaction value)
  • Technology infrastructure costs
  • Marketing and user acquisition expenses
  • Administrative and legal costs

Both parties to a circumvention are liable. Total penalty: $50,000 ($25,000 per party).

4. Enforcement Mechanisms

The Platform maintains comprehensive records to enforce this agreement:

Introduction Records:

All introductions, applications, and communications are logged with timestamps and user identities.

Monitoring:

Platform monitors for suspicious patterns, including sudden account inactivity after introductions or repeated applications without bookings.

Investigation:

Users agree to cooperate with any investigation into potential violations, including providing documentation and answering questions.

Legal Action:

Platform may pursue legal action to enforce this agreement and collect penalties. Violating parties are responsible for all legal fees and costs.

5. Reporting Violations

If you become aware of a potential violation, you may report it through the Platform's violation reporting system.

Whistleblower Protection:

Users who report violations in good faith are protected from retaliation. False reports made with malicious intent may result in account penalties.

6. Limited Exceptions

This agreement does NOT prohibit:

  • Relationships that existed prior to Platform introduction (must be documented)
  • Relationships formed after the 24-month restriction period expires
  • Relationships explicitly approved in writing by the Platform

7. Digital Signature & Acceptance

This agreement is digitally signed upon account creation and reaffirmed with each transaction:

  • Timestamp of acceptance
  • IP address and device metadata
  • User identity verification
  • Version of agreement accepted

This digital signature is legally binding and enforceable.

Third-Party Vendor Terms

Requirements for Insurance, Travel & Service Providers

Third-party vendors may provide services to Platform users. All vendors must comply with these terms and Platform policies.

1. Approved Vendor Categories

Malpractice Insurance

Licensed insurance providers offering professional liability coverage

Travel Services

Travel agencies, flight booking, hotel accommodations

Ground Transportation

Car rentals, ride services, transportation logistics

Professional Services

Tax preparation, legal services, credentialing assistance

2. Vendor Requirements

All vendors must meet the following requirements:

  • Valid business license and insurance
  • Industry-specific certifications and credentials
  • Compliance with all applicable laws and regulations
  • Acceptance of Platform terms and vendor agreement
  • Background check and verification (as applicable)

3. Data Access & Privacy

Opt-In Only:

Vendors receive user data ONLY when users explicitly opt-in to receive quotes or services. No data is shared without user consent.

Permitted Data Use:
  • Providing requested quotes and services
  • Communicating about specific service requests
  • Fulfilling contracted services
Prohibited Data Use:
  • Selling or sharing user data with third parties
  • Marketing unrelated products or services
  • Retaining data beyond service completion
  • Contacting users outside the Platform

4. Platform Fees for Vendor Services

The Platform charges a 9% service fee on all vendor transactions.

  • Fee calculated on total transaction value
  • Automatically deducted during payment processing
  • Vendors receive 85% of transaction value
  • Fee covers platform infrastructure, support, and payment processing

5. Service Standards & Response Times

Service TypeResponse Time
Insurance Quotes48 hours
Travel Booking Requests24 hours
Service Inquiries24 hours
Urgent Requests4 hours

Vendors failing to meet response times may be subject to warnings, reduced visibility, or removal from the Platform.

6. Quality Standards & Reviews

Vendors are subject to user reviews and ratings:

  • Users may rate vendors after service completion
  • Ratings visible to all Platform users
  • Vendors with ratings below 3.5 stars may be reviewed
  • Repeated poor performance may result in removal

7. Vendor Liability & Platform Role

The Platform is NOT responsible for vendor service quality, delivery, or performance.

Vendors are independent service providers. The Platform facilitates connections but does not guarantee vendor services.

Users agree that disputes with vendors are between the user and vendor. The Platform may assist with mediation but assumes no liability.

8. Vendor Removal & Termination

The Platform may remove vendors for:

  • Violation of vendor terms or Platform policies
  • Poor service quality or repeated complaints
  • Failure to meet response time requirements
  • Misuse of user data or privacy violations
  • Fraudulent activity or misrepresentation

Removal may be immediate without prior notice for serious violations.

Facility Responsibilities

Healthcare facilities using this platform are solely responsible for:

  • Credentialing and Verification: Verifying all physician credentials, licenses, certifications, board certifications, DEA registrations, and professional qualifications
  • Compliance: Ensuring compliance with all federal, state, and local healthcare regulations, including HIPAA, Medicare/Medicaid requirements, and state medical board rules
  • Clinical Supervision: Providing appropriate clinical supervision, oversight, and quality assurance for all medical services
  • Privileging: Granting appropriate clinical privileges and ensuring physicians are qualified to perform assigned duties
  • Malpractice Coverage: Ensuring adequate malpractice insurance coverage is in place
  • Employment Classification: Properly classifying physicians as independent contractors and issuing appropriate tax forms (1099-NEC)

The platform does not verify, validate, or guarantee any of these responsibilities. Facilities assume all liability for credentialing failures, compliance violations, or clinical care issues.

Physician Responsibilities

Physicians using this platform are solely responsible for:

  • Professional Qualifications: Maintaining valid medical licenses, board certifications, DEA registrations, and all required credentials
  • Accurate Information: Providing truthful, accurate, and complete information about qualifications, experience, and credentials
  • Clinical Competence: Ensuring they are qualified and competent to perform assigned clinical duties
  • Independent Contractor Status: Understanding and accepting their role as independent contractors, not employees
  • Tax Obligations: Managing all tax obligations, including estimated tax payments and self-employment taxes
  • Professional Conduct: Adhering to all applicable medical ethics, standards of care, and professional conduct requirements

Physicians operate as independent contractors. The platform does not employ physicians, supervise their work, or assume any liability for their professional conduct or clinical decisions.

Complete Legal Documentation

For complete legal terms and conditions, please review our full legal documents: