Important Notice Regarding this Section Sample Clauses

Important Notice Regarding this Section. IT IS UNDERSTOOD THAT ANY CLAIM OF MEDICAL MALPRACTICE, INCLUDING ANY CLAIM THAT MEDICAL SERVICES WERE UNNECESSARY OR UNAUTHORIZED OR WERE IMPROPERLY, NEGLIGENTLY, OR INCOMPETENTLY RENDERED OR OMITTED, WILL BE DETERMINED BY SUBMISSION TO BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF PART 2 OF ARTICLE 22 OF THIS TITLE [COLO. REV. STAT TITLE 13], AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS EXCEPT AS COLORADO LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. THE PATIENT HAS THE RIGHT TO SEEK LEGAL COUNSEL CONCERNING THIS AGREEMENT, AND HAS THE RIGHT TO RESCIND THIS AGREEMENT BY WRITTEN NOTICE TO THE PHYSICIAN WITHIN NINETY

Important Notice Regarding this Section. Arbitration does not limit or affect the legal claims Member may bring against Xxxxxxxx. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved. Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. THIS SECTION WILL REQUIRE MEMBER TO RESOLVE ANY CLAIM THAT MEMBER MAY HAVE AGAINST TENDWELL ON AN INDIVIDUAL BASIS PURSUANT TO THE TERMS OF THE AGREEMENT. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THIS SECTION WILL PRECLUDE MEMBER FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST TENDWELL; AND ALSO PRECLUDES MEMBER FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST TENDWELL BY SOMEONE ELSE. The mere existence of such class, collective, and/or representative lawsuits, however, does not mean that such lawsuits will ultimately succeed. By agreeing to arbitration with Xxxxxxxx, Member is agreeing in advance that Member will not participate in and therefore will not seek to recover monetary or other relief under such class, collective, and/or representative lawsuit (except as may be prohibited by applicable law). Member will not be precluded from bringing claims against Tendwell in an individual arbitration proceeding. If successful on such claims, Member could be awarded money or other relief by an arbitrator.