Clinician Participation Agreement, Platform Terms, and Release of Liability

1. Purpose of the Platform

ReferralNest is a software directory and peer referral network designed to facilitate connections between independent licensed clinicians ("Participating Clinicians") and prospective clients. ReferralNest is a technology service platform only. Peter Ehrhorn does not provide medical, psychiatric, psychological, clinical, or diagnostic advice or services through ReferralNest, nor does ReferralNest constitute an employer, contractor, partner, or joint venture relationship between any participating clinicians.

2. Independent Contractor & Professional Autonomy

• Independent Professional Status: You acknowledge that you are an independent practitioner or autonomous business entity. You are solely responsible for all professional, clinical, ethical, and legal aspects of your practice.
• No Agency or Employment: Nothing in this Agreement creates any partnership, employment, agency, or fiduciary relationship between you and Peter Ehrhorn.
• Clinical Responsibility: You retain full, sole responsibility for:
  • Determining client fit, clinical intake, diagnosis, and treatment.
  • Complying with all applicable state licensing boards, professional codes of ethics, and statutory reporting obligations (including mandatory reporting of child/elder abuse or imminent self-harm/harm to others).
  • Maintaining your own professional liability (malpractice) insurance and professional licensure in good standing.

3. Mutual Approval & Widget Visibility

• Mutual Approval Requirement: Your profile will appear on another clinician’s website widget or referral network only with both (a) your explicit approval and (b) the host site owner’s explicit approval. Either party may remove or disconnect a referral connection at any time through their dashboard.
• Accurate Representation: You represent and warrant that all information you submit to your profile (licensure, credentials, specialties, insurance panels, fees, contact information, headshots, and descriptions) is truthful, accurate, not misleading, and maintained up to date.
• License to Display: You grant Peter Ehrhorn a non-exclusive, revocable license to display your submitted profile, likeness, credentials, and business contact information on ReferralNest and on approved host embed widgets solely for the purpose of operating the directory.

4. Direct Client Relationship & No Endorsement

• No Guarantee of Fit or Referrals: Peter Ehrhorn makes no guarantee or warranty regarding the volume, quality, clinical suitability, or conversion of referrals through the platform.
• No Endorsement or Clinical Guarantee: The presence of a clinician on ReferralNest does not constitute an endorsement, credentialing verification, or clinical guarantee by Peter Ehrhorn. Prospective clients are expressly informed to verify provider credentials and suitability directly.
• Independent Fee Collection: All billing, financial transactions, and client fee agreements occur strictly between you and your clients. ReferralNest does not collect, hold, or split clinical fees.

5. Privacy, HIPAA, and Confidentiality

• Not a Covered Entity / No PHI Storage: ReferralNest is a directory routing service. The platform does not host, process, or store Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA).
• Communication Direct to Clinician: Outbound links (website, phone, email, Psychology Today) connect prospective clients directly to your own contact channels. You are responsible for ensuring that your own intake communications comply with applicable privacy regulations.

6. Release of Liability and Indemnification

• Assumption of Risk: You voluntarily assume all operational risks related to being listed in a public-facing referral directory.
• Release: To the maximum extent permitted by applicable law, you hereby release, waive, and forever discharge Peter Ehrhorn, his agents, representatives, affiliates, and contractors from any and all claims, liabilities, damages, losses, or costs (including attorney fees) arising out of or connected with:
  • Any clinical, diagnostic, therapeutic, or malpractice claims by any client referred through ReferralNest.
  • Any dispute, interaction, or financial transaction between you and any prospective client or fellow participating clinician.
  • Any unauthorized third-party scraping, copying, or redistribution of your public profile information.
  • Platform downtime, technical failures, or data interruptions.
• Indemnification: You agree to defend, indemnify, and hold harmless Peter Ehrhorn from and against any third-party claims, lawsuits, investigations, penalties, or expenses arising from your breach of this Agreement, your clinical practice, or your violation of any law, regulation, or licensing board rule.

7. Limitation of Liability

Under no circumstances shall Peter Ehrhorn be liable for any indirect, incidental, consequential, special, or punitive damages, or loss of profits or revenue, arising from your use of or inability to use the platform. In all events, the total aggregate liability of Peter Ehrhorn shall not exceed the total fees paid by you to ReferralNest during the twelve (12) months preceding the incident (or $100 if no fees have been paid).

8. Termination

Either party may terminate this Agreement at any time. You may request deletion or unpublishing of your profile at any time via your account settings. Peter Ehrhorn reserves the right to suspend or remove any profile immediately and without notice for breach of terms, lapse of licensure, ethical complaints, or platform misuse.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. Any legal proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in California.