General Terms and Conditions of Treatment Between Patient and Doctor

The General Terms and Conditions of Treatment govern the contractual relationship for treatment agreements concluded via the digital platform operated by The Body Clinic – leichter leben GmbH, Schöneberger Ufer 71, 10785 Berlin, represented by Dr. Udo Klotzki (hereinafter “The Body Clinic”), between patients (hereinafter “Customers”) and the physicians selected by them (hereinafter “Doctors”). Only the German text is legally binding. This English version is for informational purposes only. (https://www.bodyclinic.de/legal/allgemeine-behandlungsbedingungen-agb-patient-und-arzt/)

Preamble

The Body Clinic is a service company that cooperates with medical service providers from various specialties. The Body Clinic offers customers access to medical services related to weight reduction through its own digital platform. The initial contact between the doctor and the patient takes place either as an in-person consultation at The Body Clinic’s premises or via video consultation. The Body Clinic itself does not provide medical services. It is not a contractual party to the treatment agreement. If, following the initial contact, the cooperating doctor determines that further medical treatment is indicated and that such treatment is suitable to be continued via video consultation in the specific case, the further medical treatment will take place via the digital platform provided by The Body Clinic. Depending on the indication, medical treatment may include examination, consultation, and, if applicable, therapy for overweight conditions. The treatment contract for medical services related to weight reduction is concluded between the Customer and the cooperating Doctor.

1. Duties of the Doctor

1. The Doctor undertakes to provide medical services with the therapeutic goal of weight reduction. Treatment shall be provided in accordance with the generally accepted professional standards applicable at the time of treatment.
2. The Doctor is obligated to explain to the Customer, in a comprehensible manner at the start of treatment and as necessary during its course, all circumstances relevant to the treatment, particularly the diagnosis, expected health developments, the therapy, and measures to be taken during and after therapy.
3. The Doctor provides medical services independently, on their own responsibility, and free from instructions. This applies especially in connection with the prescription of medication. The Doctor will refuse to prescribe a medication if there is no indication for it or if a contraindication exists. This applies regardless of whether the patient wishes to receive the prescription. The Doctor undertakes at all times to comply with the applicable professional code of conduct, the relevant Chamber law, and all other legal requirements.
4. Before carrying out treatment using telecommunication methods, the Doctor is obliged to verify whether, in the specific individual case, remote treatment is medically justifiable, that the necessary medical diligence is ensured, and that the Customer has been informed about the specific nature of remote treatment. Medical diligence is ensured if the necessary professional qualifications and adherence to the recognized state of medical knowledge can be guaranteed. If the Doctor concludes that the specific treatment is not suitable for remote treatment or that the duty of medical diligence cannot be maintained, they must decline to provide it.

2. Duties of the Customer

The prospects of success for medical services aimed at weight reduction depend significantly on the Customer’s information. The Customer must therefore provide all information necessary for the medical history truthfully and comprehensively. Furthermore, even without explicit questioning by the treating Doctor, the Customer must disclose all circumstances that they consider relevant to the treatment, such as current complaints, pre-existing conditions, allergies, etc.

3. Termination

1. The Customer may terminate the treatment agreement at any time without giving reasons. Services already provided must be paid for. In the event of termination after treatment has begun, the obligation to pay for the measures already carried out remains in effect.
2. The Doctor may terminate the treatment agreement only for good cause. Good cause exists in particular if the relationship of trust is disrupted or if the patient endangers the success of the treatment. In such cases, the Doctor undertakes to enable appropriate continued treatment by another doctor.

4. Data Protection and Medical Confidentiality

1. The Doctor undertakes to ensure that all requirements necessary to maintain medical confidentiality are met.
2. The Doctor is obliged to comply with the relevant provisions for the protection of personal data, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). For details on the handling of Customers’ personal data by the Doctors, please refer to the Privacy Policy in Annex 4.2.