Terms of Service
Effective Date: April 23, 2026 · Last Updated: April 23, 2026
These Terms of Service govern all engagements between The Hernandez Company, LLC DBA Clinical Enroll (“Clinical Enroll,” “we,” “us,” or “our”) and the pharmaceutical companies, contract research organizations (CROs), and clinical research sites (“Client,” “you,” or “your”) that engage our patient recruitment services.
By entering into an engagement agreement with Clinical Enroll, you agree to these Terms. If you have questions before signing, contact us at clinicalenroll@gmail.com.
1. Services
Clinical Enroll provides clinical trial patient recruitment services. Our work includes:
- Protocol and feasibility evaluation
- Development of IRB-approvable recruitment materials (digital ads, landing pages, and associated creative)
- Coordination of IRB submission and approval with your site
- Execution of targeted paid media campaigns across digital channels
- Delivery of qualified patient referrals to your site via the Clinical Enroll Client Portal
- Campaign reporting and performance data throughout the engagement
Clinical Enroll does not provide medical services, legal advice, or regulatory compliance consultation. All content we develop is designed to support IRB review but does not constitute a legal guarantee of IRB approval.
2. Engagement Agreement and Campaign Terms
Each engagement is governed by a written engagement agreement executed between Clinical Enroll and the Client. That agreement specifies:
- The clinical trial or study being recruited for (identified by NCT number or protocol title)
- The contracted enrollment target (minimum number of randomized patients)
- The campaign budget and fee structure
- The campaign start date (which follows IRB approval) and duration
- Whether the engagement qualifies for the enrollment guarantee or the best-effort tier
Campaign timelines begin after IRB approval of the recruitment materials is confirmed. The IRB review and revision process is part of normal service delivery. Revision cycles requested by the IRB or the sponsor are addressed by Clinical Enroll at no additional charge, and they do not affect the guarantee or void the engagement.
The minimum campaign budget for engagements that qualify for the enrollment guarantee is $5,000 per study. Engagements below this threshold are handled under the best-effort tier described in Section 6.
3. The Guarantee
For studies that pass our feasibility evaluation and meet the qualifying criteria in the engagement agreement, Clinical Enroll commits to delivering the contracted enrollment target. If we do not meet that commitment, the following process applies:
Guarantee Process
Campaign
Clinical Enroll executes the contracted recruitment campaign for the agreed duration. Performance is tracked and reported in the Client Portal.
Re-run (if target not met)
If the contracted enrollment target is not met at the end of the campaign period, Clinical Enroll runs one additional recruitment campaign at no charge. Re-run terms, including duration and scope, are agreed in writing before the re-run begins.
Refund (if re-run also misses)
If the re-run campaign also fails to meet the contracted enrollment target, you receive a full refund of the campaign fee. No partial credits. No retained fees.
The guarantee applies to the contracted enrollment target as defined in the engagement agreement. Partial performance does not constitute fulfillment of the guarantee unless the engagement agreement specifies otherwise.
The guarantee is contingent on Client fulfilling the obligations in Section 4. If Client obligations are not met, the guarantee does not apply, and no refund is owed. See Section 5 for a complete list of conditions that void the guarantee.
4. Client Obligations
The guarantee is a shared commitment. Clinical Enroll delivers qualified patients to your site. You are responsible for moving those patients through the screening and enrollment process. The following obligations must be met for the guarantee to remain in effect:
Initial contact within 1 business day
Each patient referral delivered to the Client Portal must be contacted by phone at least twice within one business day of delivery.
Follow-up contact within 2 business days
Each referral must be contacted via phone or SMS at least two additional times within two business days of initial contact.
Client Portal use
All enrollment tracking, lead status updates, and communication logs must be maintained in the Clinical Enroll Client Portal. Referrals not tracked in the Portal are not counted toward the contracted target.
Timely scheduling
Screening activities must be scheduled at the earliest operationally available times. Delays attributable to site scheduling capacity do not extend the guarantee period.
Accurate status updates
Qualification and enrollment status must be updated accurately in the Portal as patients progress through or out of the screening process.
Active IRB approval
Client must maintain active IRB approval for the study throughout the campaign period. If IRB approval lapses or expires during the campaign, the guarantee is paused until approval is reinstated.
Stable protocol
No material changes to the study protocol that affect patient eligibility criteria should be made after the campaign launches without advance written notice to Clinical Enroll. See Section 5 for how protocol changes affect the guarantee.
Sufficient site capacity
Client must maintain adequate site coordinator staffing to process referrals within the contact timelines above. Capacity constraints at the site do not excuse non-compliance with these obligations.
Clinical Enroll may request documentation from the Client Portal to verify compliance with these obligations if a refund is requested. Refund eligibility requires demonstration that these obligations were met throughout the campaign and re-run period.
5. Conditions That Void the Guarantee
The following conditions void the enrollment guarantee. When a void condition is triggered, no refund is owed for the campaign fee.
Void Conditions
Site fails to meet contact obligations
If Client does not contact referred patients according to the timelines and methods in Section 4, the guarantee does not apply to the affected referrals. If non-compliance is systemic during the campaign, the guarantee is void in full.
Study termination by the sponsor
If the study is terminated by the pharmaceutical sponsor before the enrollment target is met, the campaign fee is earned and no refund is owed. In most cases, sponsor budgets fund the campaign fee; termination by the sponsor does not create a loss for the Client site.
Sponsor-initiated protocol changes that materially narrow eligibility
If the sponsor modifies the study protocol after campaign launch in a way that materially narrows the eligible patient population, Clinical Enroll will attempt to adapt the campaign. If the change makes the contracted target no longer achievable under the original campaign terms, the parties will renegotiate in good faith. If no agreement is reached, the guarantee is void for the remainder of the campaign and a partial refund proportional to the remaining campaign period may be issued at Clinical Enroll's discretion.
IRB revision cycles, routine changes to recruitment materials, and standard campaign optimization adjustments do not void the guarantee and are handled as part of normal service delivery.
6. Best-Effort Tier
Some studies do not qualify for the contractual enrollment guarantee due to protocol complexity, population rarity, or other feasibility factors. These engagements are offered under a best-effort tier.
Under the best-effort tier:
- Clinical Enroll applies the same campaign development standards and targeting methodology as guarantee-tier engagements
- Performance is tracked and reported with the same transparency
- No enrollment outcome is contractually guaranteed, and no refund is owed if the enrollment target is not met
- Pricing reflects the absence of the guarantee
Whether a study qualifies for the guarantee tier or the best-effort tier is determined during the feasibility evaluation and documented in the engagement agreement before any fees are collected.
7. Payment Terms
Payment terms are specified in each engagement agreement. General terms are as follows:
- Campaign fees are due as specified in the engagement agreement, typically at campaign launch or in installments as defined per engagement
- Fees are non-refundable except where the enrollment guarantee applies and refund conditions are met
- Media spend allocated to paid advertising platforms is non-recoverable once deployed and is not subject to refund regardless of campaign outcome
- Late payments may result in a pause or suspension of active campaigns
Refunds under the guarantee, where applicable, are issued within 30 days of written refund request and Clinical Enroll's verification of eligibility. Refunds are issued in the same form as original payment.
8. Limitation of Liability
To the maximum extent permitted by applicable law:
- Clinical Enroll's total liability to Client for any claim arising from or related to an engagement shall not exceed the total fees paid by Client under the applicable engagement agreement
- Clinical Enroll is not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or lost business opportunity, even if advised of the possibility of such damages
- Clinical Enroll does not guarantee any specific patient enrollment rate, screening rate, or referral volume beyond the contractual enrollment commitment in qualifying engagements
Some jurisdictions do not allow limitations on implied warranties or consequential damages. In those jurisdictions, the above limitations apply to the fullest extent permitted by law.
9. Intellectual Property
Clinical Enroll retains ownership of all campaign creative assets, including ad copy, images, video, landing page designs, and audience targeting configurations (“Creative Assets”), unless otherwise agreed in writing.
Upon full payment of campaign fees, Clinical Enroll grants Client a non-exclusive, non-transferable license to use the Creative Assets developed for their specific engagement for the purpose of ongoing study recruitment at the contracted site. This license does not include the right to adapt, sublicense, or use Creative Assets for other studies or sites without separate written agreement.
Clinical Enroll may use anonymized performance data, campaign metrics, and engagement outcomes for internal analysis and aggregate reporting. Client-identifying information will not be published without written consent, except as a case study in anonymized form unless Client provides explicit approval for attribution.
10. Confidentiality
Each party agrees to treat as confidential all non-public information received from the other party in connection with an engagement, including protocol details, pricing, patient data, targeting methodology, and campaign strategy (“Confidential Information”).
Confidential Information may not be disclosed to third parties without prior written consent except:
- To employees or contractors who need access to perform the engagement and are bound by equivalent confidentiality obligations
- As required by law, regulation, or court order
- Information that is or becomes publicly available through no breach of these Terms
Confidentiality obligations survive the termination of any engagement for a period of three (3) years.
11. Governing Law
These Terms and all engagements governed by them are subject to the laws of the State of Texas, without regard to conflict of law principles. Any dispute arising from or related to these Terms or an engagement that cannot be resolved by good-faith negotiation shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with proceedings conducted in Texas.
12. Changes to Terms
Clinical Enroll may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page and, for material changes, notify active clients by email. Changes do not apply retroactively to engagements already in progress at the time of the update. Continued engagement with Clinical Enroll following notice of updated Terms constitutes acceptance of the revised Terms for future engagements.
13. Contact
Questions about these Terms, specific engagement conditions, or a refund request should be directed to:
The Hernandez Company, LLC DBA Clinical Enroll
Email: clinicalenroll@gmail.com
This document does not constitute legal advice. Clinical Enroll recommends that Clients consult qualified legal counsel to evaluate how these Terms apply to their specific situation. Terms last updated April 23, 2026.