DENTAL REVENUE RECOVERY (APPOINTMENT GUARANTEE)
Appointment Guarantee Terms & Conditions
Effective Date:
These Appointment Guarantee Terms & Conditions (“Terms”) govern the appointment booking guarantee offered by Dental Revenue Recovery (“DRR,” “we,” “us,” or “our”) to participating dental practices (“Practice” or “Client”).
The purpose of the DRR Appointment Guarantee is to provide the Practice with a measurable performance commitment while recognizing that successful patient reactivation depends on factors within both DRR’s and the Practice’s control.
By purchasing a DRR service package that includes an appointment guarantee, the Practice acknowledges and agrees to the following Terms.
1. APPOINTMENT GUARANTEE
DRR guarantees that it will book at least the number of appointments specified in the Practice’s selected service package during the applicable Guarantee Period.
The guaranteed number of appointments and Guarantee Period will be stated in the Practice’s Service Agreement, Order Form, or Proposal.
If DRR does not achieve the guaranteed number of Qualified Booked Appointments during the Guarantee Period, and the Practice has satisfied all requirements contained in these Terms, DRR will continue providing the applicable patient outreach services after the Guarantee Period at no additional service fee until the guaranteed number of Qualified Booked Appointments has been achieved.
Unless specifically stated otherwise in writing, the Appointment Guarantee is a service-extension guarantee and not a money-back guarantee.
2. DEFINITION OF A QUALIFIED BOOKED APPOINTMENT
For purposes of the Appointment Guarantee, a “Qualified Booked Appointment” means an appointment that:
Is booked by DRR or directly results from DRR’s documented outreach efforts;
Is scheduled with an eligible current, former, overdue, inactive, or prospective patient supplied or authorized by the Practice;
Is entered into the Practice's approved scheduling system, communicated to the Practice, or otherwise documented by DRR;
Is scheduled for an eligible service identified by the Practice, including hygiene, overdue recall, periodontal maintenance, unscheduled treatment, restorative treatment, or another mutually approved appointment category; and
Is accepted and scheduled according to the Practice's available appointment inventory and scheduling requirements.
Unless the Practice’s Service Agreement specifically states that the guarantee is based on completed appointments, the guarantee applies to Qualified Booked Appointments rather than appointments actually attended or completed.
3. PATIENT CANCELLATIONS AND NO-SHOWS
DRR cannot control whether a patient ultimately attends an appointment after agreeing to and scheduling it.
Accordingly, a Qualified Booked Appointment will count toward the guarantee if the patient subsequently:
Cancels;
Reschedules;
Fails to appear;
Becomes ill;
Experiences an emergency;
Changes insurance;
Chooses another provider;
Declines treatment after booking; or
Otherwise fails to complete the scheduled appointment for reasons outside DRR's reasonable control.
If DRR itself cancels an appointment or incorrectly schedules an appointment contrary to written Practice instructions, that appointment will not count toward the guarantee.
4. PRACTICE DATABASE REQUIREMENTS
The Appointment Guarantee depends upon the Practice providing a sufficient quantity of eligible patient contacts for DRR to perform outreach.
The Practice agrees to provide DRR with a reasonably sufficient database of eligible patient records, including, when available:
Patient name;
Telephone number;
Mobile number;
Email address;
Last appointment date;
Recall or hygiene due date;
Unscheduled treatment information;
Relevant appointment type;
Relevant scheduling notes; and
Other information reasonably necessary to conduct the outreach campaign.
DRR may establish minimum recommended or required database sizes based on the package purchased and the type of campaign being conducted.
If DRR reasonably determines that the available patient database is insufficient to support the guaranteed appointment volume, DRR may notify the Practice and request additional eligible contacts.
The guarantee may be paused if the Practice fails to provide sufficient eligible contacts within a reasonable period following DRR's request.
5. CONTACT INFORMATION QUALITY
The Practice acknowledges that database quality directly affects campaign performance.
The Practice is responsible for providing reasonably accurate and current patient contact information.
DRR will not be responsible for reduced campaign performance resulting from excessive:
Disconnected telephone numbers;
Incorrect telephone numbers;
Duplicate records;
Invalid email addresses;
Deceased patients;
Patients who have relocated;
Patients who have transferred practices;
Patients who have requested not to be contacted;
Patients who are otherwise ineligible for scheduling; or
Records containing materially incomplete or inaccurate information.
If a significant portion of the database is unusable, DRR may request additional patient records before the Appointment Guarantee continues.
6. APPOINTMENT AVAILABILITY
The Practice must maintain sufficient and reasonably flexible appointment availability for DRR to successfully schedule patients.
The Practice agrees to provide appointment availability that reasonably accommodates patient demand, including where commercially practical:
Multiple days of the week;
Multiple appointment times;
Reasonable appointment availability within the upcoming several weeks;
Hygiene availability where hygiene reactivation is included in the campaign;
Doctor availability where treatment reactivation is included; and
Alternative dates or times when a patient's preferred appointment is unavailable.
A lack of available appointment inventory may materially reduce DRR’s ability to meet the guarantee.
The Appointment Guarantee may be paused or extended for any period during which the Practice does not maintain sufficient appointment availability to reasonably support DRR’s outreach efforts.
7. SCHEDULING ACCESS
The Practice agrees to provide DRR with the scheduling access or scheduling process reasonably necessary to book appointments efficiently.
Depending on the agreed workflow, this may include:
Appropriate access to the Practice's scheduling software;
Access to designated available appointment slots;
A shared scheduling calendar;
A designated Practice employee who can approve appointment requests promptly; or
Another mutually agreed scheduling procedure.
If DRR is required to obtain approval from the Practice before confirming appointments, the Practice agrees to respond to scheduling requests promptly.
Delays caused by Practice approval procedures may result in an extension or pause of the Guarantee Period.
8. PRACTICE RESPONSE TIMES
Successful reactivation campaigns frequently require timely communication.
The Practice agrees to respond within a commercially reasonable period to DRR questions concerning:
Appointment availability;
Insurance participation;
Scheduling restrictions;
Patient eligibility;
Treatment questions;
Provider availability; and
Other information necessary to schedule a patient.
Material or repeated delays by the Practice may pause or extend the Guarantee Period.
9. CHANGES TO PRACTICE OPERATIONS
The Practice must promptly notify DRR of material operational changes that could affect appointment booking, including:
Provider vacations;
Office closures;
Changes in business hours;
Hygiene staffing shortages;
Provider departures;
Changes to accepted insurance plans;
Scheduling freezes;
Changes to available procedures;
Temporary closures;
Significant reductions in appointment capacity; or
Changes to scheduling policies.
The guarantee may be equitably extended to account for periods in which these circumstances materially limit DRR's ability to schedule appointments.
10. OUTREACH AUTHORIZATION
The Practice authorizes DRR to conduct patient outreach on its behalf according to the services purchased and applicable written instructions.
Outreach may include approved methods such as:
Telephone calls;
Voicemail;
SMS/text messaging;
Email;
Follow-up communications; and
Other mutually approved patient communication methods.
The Practice represents that it has the authority to provide the patient information supplied to DRR and to authorize DRR to use such information for the contracted services, subject to applicable law and any separate Business Associate Agreement or privacy/security agreement between the parties.
DRR and the Practice will each be responsible for complying with laws and regulations applicable to their respective activities.
11. DO-NOT-CONTACT REQUESTS
DRR will honor documented patient requests not to receive further communications to the extent required by applicable law and the parties' agreed procedures.
Patients who opt out, request no further contact, or otherwise become legally or operationally ineligible for outreach may be removed from the eligible contact pool.
The Practice may be required to provide additional eligible contacts if opt-outs materially reduce the available database.
12. DUPLICATE APPOINTMENTS AND EXISTING APPOINTMENTS
An appointment will not count toward the guarantee if DRR claims credit for an appointment that was already scheduled before DRR's documented outreach to that patient, unless DRR's outreach caused the patient to reschedule or reactivate an appointment that otherwise would have been lost and the parties have agreed to count such appointments.
DRR will use commercially reasonable tracking procedures to identify appointments attributable to its outreach.
13. ATTRIBUTION
A patient appointment may be attributed to DRR when DRR's outreach materially contributed to the appointment being booked.
This may include situations where:
DRR directly schedules the appointment;
The patient calls the Practice after receiving DRR outreach;
The patient responds to an outreach text or email and subsequently schedules;
DRR transfers an interested patient to the Practice and the Practice schedules the appointment; or
The patient books through a scheduling link supplied as part of DRR's campaign.
The Practice agrees to reasonably cooperate with DRR in identifying appointments generated through DRR outreach.
14. PRACTICE CANCELLATIONS
If the Practice cancels, moves, or materially modifies an appointment after DRR has successfully booked it, the appointment will continue to count toward the Appointment Guarantee.
This includes cancellations resulting from:
Provider availability;
Staffing issues;
Schedule changes;
Office closures;
Insurance issues identified after booking; or
Other circumstances controlled by the Practice.
15. PATIENT RESCHEDULING
If a patient reschedules an appointment originally booked through DRR, the appointment will generally count only once toward the guarantee.
DRR will not intentionally inflate appointment totals through repeated rescheduling of the same appointment.
16. GUARANTEE PERIOD
The Guarantee Period begins on the date DRR is reasonably able to begin active outreach, rather than solely on the date the agreement is signed.
Active outreach may begin once DRR has received all reasonably required onboarding information, database access, patient records, scheduling instructions, system access, and other information necessary to perform the services.
Delays in onboarding caused by the Practice will not reduce the time available to DRR to satisfy the Appointment Guarantee.
17. PAUSING THE GUARANTEE
DRR may pause the Guarantee Period when circumstances outside DRR's reasonable control materially prevent or restrict performance.
Examples include:
Insufficient patient contacts;
Lack of appointment availability;
Practice closure;
Provider vacation;
Staffing shortages;
Scheduling-system outages;
Failure to provide required system access;
Material delays in Practice responses;
Practice-requested campaign pauses;
Failure to timely pay amounts due;
Legal or regulatory restrictions affecting outreach; or
Other Practice-related circumstances that materially prevent DRR from performing the contracted outreach.
The Guarantee Period will resume once the applicable issue has been reasonably resolved.
18. GUARANTEE REMEDY
If DRR has not achieved the guaranteed appointment total by the end of the Guarantee Period despite the Practice satisfying these Terms, DRR will continue providing the applicable patient outreach services without an additional recurring service fee until the guaranteed appointment total has been achieved.
This service extension is the Practice's exclusive remedy under the Appointment Guarantee unless the parties expressly agree otherwise in writing.
The Practice is not entitled to a refund, chargeback, credit, reimbursement, consequential damages, or other monetary compensation solely because DRR did not achieve the guarantee within the original Guarantee Period.
19. PAYMENT OBLIGATIONS
The Appointment Guarantee does not relieve the Practice of its payment obligations.
All agreed fees remain due according to the applicable Service Agreement regardless of campaign performance, provided DRR continues to honor the applicable Appointment Guarantee.
Failure to make timely payments may suspend services and the Appointment Guarantee.
20. EARLY TERMINATION
If the Practice terminates services before completion of the applicable Guarantee Period, any remaining Appointment Guarantee will terminate unless otherwise required by the Service Agreement.
The guarantee will also terminate if the Practice:
Prevents DRR from performing the contracted services;
Removes required system or database access;
Refuses to provide sufficient patient contacts;
Fails to maintain reasonable scheduling availability;
Has unpaid or materially past-due invoices; or
Materially breaches its agreement with DRR and fails to cure the breach where a cure period applies.
21. NO REVENUE GUARANTEE
DRR guarantees only the appointment metric expressly identified in the Practice's package.
DRR does not guarantee:
Patient attendance;
Completed appointments;
Specific production;
Specific collections;
Treatment acceptance;
Case acceptance;
Insurance reimbursement;
Patient retention;
Specific revenue;
Specific return on investment; or
Profitability.
Actual financial results depend on numerous factors outside DRR's control, including procedure mix, Practice pricing, insurance reimbursement, patient attendance, treatment acceptance, provider recommendations, and Practice operations.
22. FAIR USE OF THE GUARANTEE
The Appointment Guarantee is intended to provide a reasonable performance commitment and may not be manipulated or used in bad faith.
The Practice agrees not to intentionally restrict DRR's ability to satisfy the guarantee by, among other things:
Withholding available patient records;
Artificially limiting scheduling availability;
Rejecting otherwise eligible appointments without reasonable cause;
Changing scheduling requirements after outreach begins;
Failing to disclose appointments resulting from DRR outreach; or
Directing DRR to substantially reduce or stop outreach while continuing to demand achievement of the original guarantee deadline.
23. REPORTING AND RECORDS
DRR may maintain records of outreach activity and campaign performance, including:
Calls placed;
Patient conversations;
Text messages;
Emails;
Follow-up attempts;
Appointments booked;
Appointment dates;
Appointment types;
Campaign outcomes; and
Other relevant performance metrics.
DRR's records, together with relevant Practice scheduling records, may be used to determine whether the Appointment Guarantee has been satisfied.
24. DISPUTES REGARDING APPOINTMENT COUNTS
If the Practice believes an appointment has been incorrectly counted, it must notify DRR within 10 business days of receiving the applicable performance report or becoming aware of the disputed appointment.
The parties agree to work in good faith to reconcile appointment records using available scheduling records, outreach logs, call records, text records, CRM activity, and other relevant documentation.
25. CLIENT COOPERATION
The Appointment Guarantee represents a shared performance framework.
DRR is responsible for executing the contracted outreach activities with commercially reasonable effort, while the Practice is responsible for providing the infrastructure reasonably necessary for DRR to convert patient interest into scheduled appointments.
This includes sufficient patient contacts, accurate information, scheduling availability, reasonable operational flexibility, appropriate access, and timely communication.
26. MODIFICATIONS TO GUARANTEE
Any modification to the number of guaranteed appointments, Guarantee Period, qualifying appointment types, or other material guarantee terms must be documented in writing by DRR and the Practice.
Statements made verbally by DRR employees, contractors, sales representatives, or Practice personnel will not modify these Terms unless subsequently documented in writing by an authorized representative.
27. RELATIONSHIP TO SERVICE AGREEMENT
These Appointment Guarantee Terms supplement DRR's primary Service Agreement, Business Associate Agreement, Privacy and Security terms, and any applicable Order Form or Proposal.
If there is a direct conflict between these Terms and a signed Service Agreement or Order Form, the signed agreement will control to the extent of the conflict.
28. ACKNOWLEDGMENT
By purchasing or participating in a DRR package containing an Appointment Guarantee, the Practice acknowledges that:
Patient reactivation results depend on both DRR's performance and the Practice's cooperation;
The Practice must provide sufficient eligible patient contacts;
The Practice must maintain reasonable appointment availability;
Patient cancellations and no-shows are outside DRR's direct control;
Unless expressly stated otherwise, the guarantee concerns appointments booked rather than appointments completed;
DRR does not guarantee revenue or profitability; and
The remedy for failing to achieve the guaranteed number within the Guarantee Period is continued qualifying outreach services at no additional service fee until the guaranteed appointment total is achieved, subject to these Terms.
