Brazilian Clinic Contract: 15 Clauses It Must Include

A sound contract with a Brazilian clinic states, in writing, what will be done, with which materials, for how much, what is included, who pays for a complication, how the warranty and revisions work, how you can cancel and what happens to money already paid. Contracts with a non-resident patient may be priced in foreign currency. Below are the fifteen clauses worth insisting on before you sign — and the signs that something is wrong.

The 15 clauses

1. Full identification. The clinic’s legal name and company number (CNPJ), address, the name and registration of the technical director and of the professional who will perform the procedure (CRM or CRO and specialty). If the procedure takes place in a hospital, the hospital’s name.

2. A detailed treatment plan. Each procedure, the stages, the number of sessions or appointments and the expected duration, including post-operative care in Brazil.

3. Materials. Brand, model, ANVISA registration and batch of implants, prostheses, veneers, ceramics and other devices. Any substitution with an “equivalent” should require your approval.

4. Total price and what it includes. Pre-operative tests, anaesthesia, surgical team, hospital or operating facility, materials, medication, follow-up visits and video consultations — item by item. Anything not listed tends to be charged separately.

5. Currency and conversion. Brazilian law allows payment to be set in foreign currency when one of the parties is not resident in Brazil (Law 14,286/2021, article 13, II). If the price is in dollars, euros or pounds, the contract should state the exchange rate or the conversion date for each payment, and where payment is made.

6. Payment schedule. Payments tied to the stages, with a final instalment after completion. Avoid paying 100% before treatment starts.

7. Warranty. Its duration, what it covers (fractured prosthesis, lost implant, detached veneer), what it excludes and what you must do to keep it (hygiene, follow-up visits).

8. Revisions and touch-ups. When they are free of charge, within what period, and who pays for flights and accommodation if you need to return.

9. Complications. Who pays for readmission, corrective surgery and medication if a complication occurs, and which hospital handles emergencies. Without this clause, the discussion happens at the worst possible moment.

10. Unsuitability on arrival. If the in-person examination rules out the procedure or changes the plan, your deposit should be refunded or adjusted within a set period.

11. Cancellation and withdrawal. Rules for withdrawal by you and by the clinic, with retention percentages. If the contract was concluded remotely (email, WhatsApp, website), the Consumer Defense Code gives you seven days to withdraw without giving reasons (article 49), which protects anyone who paid a deposit and changed their mind before travelling.

12. Remote follow-up. Contact channel, response time, number of video consultations included and for how long.

13. Records and documents. Delivery of a complete copy of your records, imaging, consent form and invoice at the end, in digital format.

14. Images and personal data. Using your “before and after” photos on social media or in advertising requires specific, separate consent under Brazil’s data protection law (LGPD). You can refuse without any effect on your treatment.

15. Language and jurisdiction. If the contract is bilingual, which version prevails. Clauses choosing a distant court or making it harder for the consumer to defend themselves may be held abusive; as a rule, the patient can sue the clinic where the service was provided.

Three separate documents

The informed consent form does not replace the contract: it deals with risks and alternatives, not price, warranty and cancellation. The invoice (nota fiscal) must be issued in your name, with your CPF, and is needed for insurance reimbursement and any deductions at home. The signed quote is part of the contract; WhatsApp messages and emails count as evidence, but a properly drafted contract avoids arguments about what was agreed.

Red flags

• Refusal to put materials, warranty or complications in writing.
• A contract only in Portuguese, with no version in your language and no time to read it.
• Demands for full payment up front, “with a discount”.
• A clause forbidding complaints to consumer bodies or on social media.
• No invoice, or an invoice issued in someone else’s name.

This article is not a medical or dental assessment. The office does not recommend, technically evaluate or have any relationship with clinics, hospitals or healthcare professionals.

---

Sources: Law 14,286/2021, article 13 · Consumer Defence Code (Law 8,078/1990), article 49 · General Data Protection Law (Law 13,709/2018).