Client Services Agreement & Informed Consent

Strategic Intake & Planning Consultation | Daymark Advisors LLC | v2.2

Purpose of this Agreement: This agreement defines a private consulting engagement with Daymark Advisors LLC. Daymark provides medical, aeromedical, occupational, and strategic education and analysis. Unless separately agreed in writing, Daymark is not providing treatment, legal representation, VA claims representation, or an FAA medical examination.

1. Parties and Engagement

This Client Services Agreement (the "Agreement") is between Daymark Advisors LLC, a Virginia limited liability company ("Daymark"), and the undersigned client ("Client"). The engagement begins when Daymark accepts the Client's request for services and the required fee is paid, unless otherwise stated in a written Scope of Work.

2. Scope of Services

Daymark will provide the services identified in the applicable Scope of Work. Services may include review of information and records voluntarily supplied by the Client; education concerning medical, aeromedical, occupational, and administrative standards; identification of questions or issues the Client may wish to discuss with treating clinicians, an Aviation Medical Examiner, legal counsel, an accredited veterans representative, or other appropriate professional; and an individualized verbal consultation regarding Daymark's observations and recommendations. Unless separately agreed in writing, the consultation does not include an individualized written medical or aeromedical report, opinion, summary, or other client-facing written analysis.

  • Daymark's role is advisory and educational. The Client remains responsible for all decisions and submissions.
  • Daymark does not promise, predict, or guarantee any disability rating, service-connection determination, FAA medical certificate, military waiver, flight status, employment decision, or other governmental or private outcome.
  • Daymark will not advise a Client to conceal, omit, exaggerate, minimize, or misrepresent medical information, symptoms, diagnoses, treatment, medication use, or other material facts.
  • Any service outside the written Scope of Work requires a separate written agreement or amendment.

3. No Treating Physician-Patient Relationship

The consulting engagement is not intended to create a treating physician-patient relationship. Daymark does not provide primary care, emergency care, diagnosis or treatment for the purpose of managing the Client's health, prescriptions, or ongoing clinical monitoring through this engagement. Daymark's review does not replace evaluation or treatment by the Client's own healthcare professionals.

The Client should seek appropriate clinical care for symptoms, urgent concerns, or treatment decisions. Daymark's services are not an emergency service and should not be used for urgent or emergent medical needs.

4. VA Benefits and Claims Boundary

Daymark is not engaged as the Client's representative before the U.S. Department of Veterans Affairs ("VA") and, unless expressly stated otherwise in a separate lawful engagement, does not prepare, present, prosecute, file, or pursue a VA benefits claim on the Client's behalf. Daymark does not complete VA claim forms for the Client, select claims for the Client to file, draft advocacy submissions to VA, gather evidence on the Client's behalf for submission to VA, or communicate with VA as the Client's representative.

Any discussion of VA standards is limited to general education and medical context that has independent value beyond the adjudication of a VA benefits claim. If the Client seeks assistance preparing, presenting, or prosecuting a VA benefits claim, the Client should use a VA-accredited attorney, claims agent, or Veterans Service Organization representative.

5. FAA and Aeromedical Boundary

Daymark may discuss publicly available FAA medical standards and aeromedical considerations. Unless the Client has separately scheduled an FAA medical examination with an appropriately designated Aviation Medical Examiner acting in that capacity, this engagement is not an FAA medical examination and Daymark does not issue, deny, defer, or authorize an FAA medical certificate. FAA and designated examiners retain their respective authority under applicable law and policy.

6. Military and Government Boundary

Daymark is a private company and is not part of, sponsored by, endorsed by, or acting on behalf of the Department of Defense, Department of the Navy, Department of Veterans Affairs, Federal Aviation Administration, or any other governmental entity. Any consultant's military or government experience is provided solely as professional background. Daymark does not use governmental authority to obtain preferential treatment for a Client and cannot control military medical, readiness, waiver, retention, or administrative decisions.

7. Client Responsibilities

  • Provide information and records that are accurate, complete, and not knowingly misleading.
  • Inform Daymark of material facts that could affect the analysis, including diagnoses, medications, treatment, prior applications, denials, waivers, or relevant administrative actions.
  • Ask questions during the consultation and seek clarification before relying on the discussion for an important decision.
  • Independently verify filing deadlines, reporting duties, application requirements, and current agency rules.
  • Consult qualified legal, clinical, tax, financial, or accredited benefits professionals when those services are required.

8. Fees, Scheduling, Cancellation, and Refunds

Payment is due before Daymark begins substantive review and is generally nonrefundable once received. Fees compensate Daymark for reserved professional time, advance review, and the consultation. One reschedule is permitted without additional charge with at least 24 hours' notice. Rescheduling with less than 24 hours' notice may be permitted at Daymark's discretion. A no-show forfeits the consultation and fee, and additional or repeated rescheduling may require a new consultation fee. If Daymark determines before substantive services begin that an engagement cannot ethically, legally, or appropriately proceed, the fee will be refunded. If Daymark must reschedule and a mutually acceptable alternative cannot be arranged, the client may elect a refund.

9. Reliance and Changing Standards

Daymark's review and consultation are based on the information available at the time of the engagement and on standards, guidance, and professional judgment then available. Agency rules, interpretations, medical evidence, and the Client's circumstances may change. Daymark has no continuing duty to update prior guidance after the engagement ends unless separately retained to do so.

10. Confidentiality and Records

Daymark will handle Client information in accordance with its Privacy, Records & Electronic Communications Notice and applicable law. The Client authorizes Daymark to review information voluntarily submitted for the engagement. This Agreement does not itself authorize Daymark to obtain records directly from third parties.

11. No Guarantee; Limitation of Engagement

Professional judgment necessarily involves uncertainty. Daymark does not guarantee that any recommendation will be accepted by a governmental agency, employer, clinician, insurer, examiner, or other third party. The Client acknowledges that final decisions may depend on facts, records, examinations, laws, policies, and decision-makers outside Daymark's control.

12. Termination

Either party may terminate the engagement by written notice. Daymark may terminate or decline services when the requested work is outside scope, creates a conflict of interest, requires a license or accreditation or professional role Daymark is not undertaking, involves suspected fraud or misrepresentation, or otherwise cannot appropriately be performed. Fees for work already performed remain due, subject to applicable law and the written refund policy.

13. Governing Terms and Attorney Review

This Agreement and the applicable Scope of Work constitute the parties' written understanding concerning the engagement. If a provision is found unenforceable, the remaining provisions should continue to the extent permitted by law.

14. Client Acknowledgment and Consent

By proceeding with the engagement, the Client confirms that the Client has read this Agreement, had an opportunity to ask questions, understands the nature and limitations of the engagement, voluntarily consents to the services, and agrees to the applicable Scope of Work and Privacy, Records & Electronic Communications Notice.


Daymark Advisors LLC | Client Services Agreement | v2.2 | daymarkadvisors.com