Night John Henry Marketing Agency

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LEGAL & COMPLIANCE

NIGHT JOHN HENRY MARKETING AGENCY Legal & Compliance Page

LEGAL DISCLAIMERS & COMPLIANCE INFORMATION

Important Information for Our Healthcare Marketing Clients

At Night John Henry Marketing Agency, we are committed to maintaining the highest standards of legal compliance, professional ethics, and client confidentiality in all healthcare marketing services.

🩺 PROFESSIONAL BOUNDARIES & DISCLAIMERS

Licensed Practical Nurse Credentials

Linda Marks is a Licensed Practical Nurse (LPN) with 17+ years of clinical experience. Important clarifications:

Terms of Service Agreement

Effective Date: [Insert date]

This Terms of Service Agreement (“Agreement”) governs all marketing services provided by Night John Henry Marketing Agency (“Agency”) to the client (“Client”). By engaging Agency’s services, Client agrees to all terms herein.

  1. Scope of Services
  • Agency provides healthcare marketing, copywriting, and communications consulting—not medical, legal, or regulated healthcare services.
  • Agency and its representatives do NOT provide medical advice, treatment, or diagnosis.
  • All opinions and insights reflect general industry knowledge and Client objectives; specific medical, regulatory, or legal outcomes cannot be warranted.
  1. HIPAA Compliance & Confidentiality
  • If Client discloses any Protected Health Information (PHI) to Agency, Agency will treat PHI in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and sign a Business Associate Agreement (BAA) as required.
  • Agency will:
    • Only use/disclose PHI as permitted by law or BAA.
    • Safeguard PHI per HIPAA Security Rule requirements.
    • Report any security/privacy breaches in writing to Client.
    • Require subcontractors with PHI access to agree to HIPAA safeguards and restrictions.
  • Client is solely responsible for ensuring its own HIPAA compliance in business operations.
  1. Regulatory and FDA Marketing Compliance
  • Agency creates content with reference to current healthcare and FDA regulations, but does not guarantee legal or regulatory approval of any Client claims or materials.
  • Client is responsible for:
    • Regulatory approval for all marketing and advertising.
    • Ensuring all claims in final copy/materials meet current FDA, FTC, or other industry guidelines.
    • Obtaining independent legal advice on compliance as needed.
  1. Intellectual Property
  • Upon full payment, Client will own all final deliverables.
  • Night John Henry Marketing Agency reserves the right to showcase anonymized work as part of its portfolio, with Client’s prior written consent for any identifying details.
  1. Payment Terms
  • 50% non-refundable deposit required before commencement.
  • Balance due on project completion or in accordance with Service Schedule.
  • Late payments incur 1.5% monthly interest on outstanding amounts.
  • Full or partial refunds are only available if deliverables materially breach this Agreement after revision attempts, and must be requested within 30 days of delivery.
  1. Limitation of Liability
  • Liability Cap: Agency’s liability for damages is limited to the total amount paid by Client for the specific project or services from which the dispute arose.
  • No Consequential Damages: Neither party shall be liable for any indirect, consequential, special, or punitive damages, including lost revenues or profits, arising out of or relating to this Agreement, even if advised of the possibility.
  • Force Majeure: Agency is not liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to natural disasters, war, government actions, pandemics, acts of God, or supply chain disruptions.
  1. Confidentiality & Non-Disclosure
  • All confidential business and personal information shared by Client will be protected and used solely for providing contracted services.
  • Enhanced measures or formal NDA/BAA available on request.
  1. Acknowledgment & Acceptance

By signing this agreement or otherwise authorizing services by Agency, Client acknowledges and accepts these terms as legally binding, including scope of services, liabilities, and regulatory obligations.

  1. Dispute Resolution & Governing Law
  • Any disputes will first be submitted to confidential mediation or arbitration in Connecticut, under Connecticut law.
  • If any part of this Agreement is held unenforceable, the remainder will continue in effect.
  1. Amendments
  • Agency may update these terms with 30 days’ written notice to active Clients. Changes only affect new or ongoing projects with Client’s written acceptance.

Contact
For compliance or legal inquiries:
Email: [email protected]
Phone: (203) 903-1745
(Mark “LEGAL/COMPLIANCE” in subject for urgent matters)

This version ensures enforceability, limits liability, protects PHI, specifies jurisdiction, and aligns with industry norms for healthcare marketing contracts.

Let me know if you need a version tailored to a specific state, or if you prefer a separate public-facing disclaimer alongside this formal agreement.