FINDASAP.COM
SUBSTANCE ABUSE PROFESSIONAL (SAP) PARTICIPATION AGREEMENT
Please read the entire agreement before accepting.
This Participation Agreement (“Agreement”) is entered into as of the date of your application, by and between:
FindASAP.com (“Directory” or “Company”), a Texas limited liability company, with its principal place of business at 105 East Gonzales, Suite 205, Seguin, TX 78155
and
The qualified DOT Substance Abuse Professional identified in the application form (“SAP” or “Provider”)
(collectively, the “Parties”).
RECITALS
WHEREAS, the Company operates FindASAP.com, a nationwide online directory that connects individuals required to complete the DOT Return-to-Duty (RTD) process with DOT Qualified Substance Abuse Professionals;
WHEREAS, the SAP is a DOT qualified Substance Abuse Professional under 49 CFR Part 40, Subpart O, authorized to perform DOT RTD evaluations;
WHEREAS, the Company desires to list the SAP in its directory and refer potential clients to the SAP for RTD services, and the SAP desires to participate in the directory and accept such referrals on the terms set forth herein;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Participation and Referrals
The Company agrees to list the SAP in its nationwide directory and to refer clients who have completed the Company’s $95 pre-assessment questionnaire to the SAP for the full DOT Return-to-Duty process. Referrals are provided on a non-exclusive basis. The SAP agrees to accept and promptly respond to all such referrals in a professional manner consistent with DOT regulations.
1.5 Transparency on Business Goals
To be fully transparent, FindASAP.com provides free directory listings to qualified SAPs with the hope of building long-term, trusted relationships. As a national provider of educational programs for courts, probation departments, and individuals, the Company aims to become a reliable referral source for SAPs when their clients need compliant education following an evaluation. Any referrals from SAPs to the Company’s programs (or vice versa) are always voluntary, based solely on the client’s clinical needs, and must fully comply with DOT regulations. Participation in the directory does not require or guarantee any reciprocal referrals.
2. Pricing and Payment Arrangements for Return-to-Duty Services
The SAP agrees to charge clients no more than the Maximum Fee (currently $400, and may charge less) for the complete Return-to-Duty process, which includes:
- Initial face-to-face (virtual, or in-person) SAP evaluation
- Scheduling and coordination of services
- Follow-up SAP evaluation (upon successful completion of recommendations)
- Issuance of required DOT reports to the employer/DER
The SAP shall accommodate reasonable payment arrangements for referred clients, specifically allowing clients to pay $200 or less for the initial evaluation and $200 or less for the follow-up evaluation, for a combined total not to exceed the Maximum Fee. The SAP remains solely responsible for collecting all fees directly from the client and for negotiating and managing any payment plans.
The Company’s separate $95 pre-assessment fee is paid directly to the Company; the SAP shall not charge for or collect any portion of the pre-assessment.
2.1 Adjustment of Maximum Fee
To account for changes in economic conditions such as inflation, the Company may adjust the Maximum Fee annually (effective January 1 of each year) by up to the percentage increase or decrease in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, as published by the U.S. Bureau of Labor Statistics (or a comparable successor index if the CPI-U is discontinued), measured from the prior year’s corresponding period, not to exceed 5% in any single year. The Company will provide the SAP with at least thirty (30) days’ written notice (via email or the directory portal) of any adjustment, including the new Maximum Fee and the basis for the calculation. If the SAP objects to the adjusted Maximum Fee, the SAP may terminate this Agreement upon written notice to the Company within the 30-day notice period, with removal from the directory effective at the end of the notice period. Absent such termination, the adjusted Maximum Fee shall apply to all new referrals after the effective date. No adjustment shall be retroactive.
3. SAP Responsibilities
The SAP shall:
- Perform all services in full compliance with 49 CFR Part 40 and all applicable DOT regulations.
- Maintain current RTD SAP qualification and any required state licensure.
- Promptly schedule evaluations and coordinate with referred clients.
- Provide timely reports to employers/DER as required by DOT rules.
- Not solicit or accept direct payments from the Company for referrals.
4. Independent Contractor Status
The SAP is an independent contractor and not an employee, agent, partner, or joint venturer of the Company. The SAP is solely responsible for all taxes, insurance, licensing, professional liability, and compliance obligations related to its practice. The Company makes no representations regarding client volume or income.
5. Term and Termination
This Agreement commences on the date of your application and continues until terminated by either Party upon thirty (30) days’ written notice. The Company may terminate immediately for cause, including breach of the pricing or payment arrangement commitments, failure to comply with DOT rules, or unethical conduct. Upon termination, the SAP shall be removed from the directory.
6. Confidentiality and Data
The Parties agree to maintain the confidentiality of client information in accordance with HIPAA (if applicable), DOT confidentiality rules (49 CFR Part 40, Subpart P), and applicable law.
7. Indemnification
Each Party shall indemnify and hold harmless the other from claims arising from its own breach of this Agreement or negligence/willful misconduct.
8. Governing Law
This Agreement shall be governed by the laws of the State of Texas, without regard to conflict of laws principles.
9. Entire Agreement
This document constitutes the entire agreement between the Parties and supersedes all prior understandings. Amendments must be in writing and signed by both Parties (except for adjustments to the Maximum Fee made in accordance with Section 2.1 above).
FindASAP.com
Katherine Law, Managing Director