Headway is updating their provider agreements, and requiring that providers sign off by 11/17. They only let you review one document at a time, so I have only been able to review the first one so far without signing it.
There are some significant updates on the agreement that you are going to want to be aware of.
The most concerning sections, at least to me, are:
-II.E Provider Content. Provider may provide their name, biographic information, likeness, voice, image, photographic portraits, videos, recordings, pictures or other content (the “Provider Content”) to Practice for Practice’s use on the Provider Technology Platform and/or the Headway Marketplace. Provider hereby grants Practice, its affiliates, successors, and assigns, the perpetual, worldwide, royalty-free, and irrevocable right to use, record, reproduce, distribute, display, disclose, license to others, publish, republish, perform, and create derivative works from the Provider Content in any and all media now known or hereafter developed, in perpetuity, in whole or in part, in composite or distorted character or form, without restriction as to changes and alterations. This includes, but is not limited to, the right to use the Provider’s name, likeness, image, voice, and any materials (e.g., video footage, photographs, audio, recordings) captured or provided by the Provider for the Provider Technology Platform and/or the Headway Marketplace. Provider acknowledges that they shall not be entitled to any additional compensation or royalties for the use of their Provider Content. Provider hereby waives any right to inspect or approve the finished product, the use of their Provider Content, or any materials in which the Provider’s Content may appear. Provider releases Practice and its agents, employees, affiliates, successors, and assigns from any and all claims, liabilities, or damages arising out of the use of Provider Content, including but not limited to defamation, invasion of privacy, or infringement of rights of publicity, and from any liability by virtue of the exercise of any grants and authorizations hereunder, any blurring, distortion, optical illusion or use in composite form, whether intentional or otherwise, that may occur.
Summary of that - Your name, photo, voice and video can be used perpetually, sublicensed, and altered “in composite or distorted character,” with a release of claims. It survives termination (section IX.F). You also warrant you own the rights (section IV.A.12), which matters if your photo came from a photographer.
-X. INDEMNIFICATION
A. Provider shall indemnify and hold Practice, its officers, directors, employees and
agents, harmless from and against any and all actions, claims, demands and liabilities, and
against all loss, damage, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly out of Provider’s negligence, willful misconduct, breach of this Agreement, or violation of applicable law.
Summary of that - Indemnification in the prior agreement was two-way. Each side indemnified the other. This changes indemnification to one-way. Which means that if the practice (Headway) engages in some sort of misconduct, it is not agreeing to withhold responsibility from the provider. That seems like a weird change, and I don't have a good explanation for it.
There are other changes as well, accommodating for the shift to the importance of the provider portal.
I know that a lot people will respond to this with "get off the platforms". And fair enough - that's a legitimate response. But for those who are either still planning to be on them, or who are in the slow exit process, these are things you need to be aware of. I would love to get more clarity from Headway before the required signature date.