IW Program Agreement

The following outlines the terms and conditions for the Integrative Wellness Program ("IW Program") between the undersigned, (“Patient”) and Sparks Family Medicine, Ltd. (“SFM”). The Patient should review the information in this Agreement, including their rights and responsibilities, and retain a copy of this Agreement for future reference. Questions should be directed to the designated Program contact at SFM at 702-722-2200 or contact Contact@sparksfamilymedicine.com.

 

1.     IW Program Description

1.1.  The IW Program provides access to integrative and functional medicine (“I&FM”) not covered by health insurance.

1.2.  The IW Program is not insurance, a medical discount plan, or a membership plan.

1.3.  There may be additional costs for I&FM, with additional fees due at the time of service.

1.4.  SFM may offer products and services that are not included in the IW Program.

1.5.  The I&FM components of IW Program are subject to change without notice and may be removed at any time.

1.6.  The IW Program uses a platform for I&FM resources (“the Platform”) that is maintained by a third party, Functional Medicine Energy Center, (“FMEC”) and requires a monthly fee. SFM is a beneficiary of the FMEC monthly fee. 

1.7.  The IW Program requires Patient to register and maintain access to the Platform, including completion of Attachment A to this Agreement. 

1.8.  All IW Program payments are nonrefundable.

2.     Patient Responsibilities

2.1.  Patient is responsible for accessing I&FM provided by the IW Program upon execution of this Agreement.

2.2.  Patient will identify to SFM that they have an active IW Program Agreement on file with SFM when accessing products and services.

2.3.  Patient will execute Attachment A and maintain access to the Platform.

2.4.  Patient will make all Platform payments to remain in good standing.

2.5.  Patient will provide a credit card or banking information for recurring Platform payments.

2.6.  Patient will notify SFM of any changes to residency, insurance, or payment information.

2.7.  Failure to keep the Platform in good standing can result in Termination of the IW Program Agreement in accordance with Section 4 below.

2.8.  Patient agrees not to disclose, discuss, or disseminate the specifics of SFM’s IW Program, including any trade secret, technical information, form, or agreement.

3.     Changes

3.1.  IW Program products, services, and their cost may be changed at any time.

3.2.  The price of the Platform payments may be changed with 60-day notice, with notice provided on-line at www.SparksFamilyMedicine.com and posted at SFM. SFM will email Patient notice of payment change to the email on file.

4.     Termination

4.1.  The IW Program may be terminated by Patient with notification to SFM by email at contact@sparksfamilymedicine.com at least five days PRIOR to when the next Platform payment is due to avoid additional Platform charges.

4.2.  The IW Program may be terminated by SFM if Patient fails to keep their SFM account current or fails to maintain active Platform access.

4.3.  A processing fee may apply for Patient to re-enter into a Program Agreement within six months of terminating a IW Program Agreement.

4.4.  The IW Program may be terminated at any time, with notice of termination posted in office, at sparksfamilymedicine.com and emailed to active IW Program patients.

5.     Miscellaneous

5.1.  The laws of the State of Nevada shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.

5.2.  Patient agrees to indemnify and hold harmless SFM from and against, but not limited to, all losses, claims, damages, errors, expenses or liabilities arising from the administration of the IW Program.

5.3.  Parties agree that, except for credit card/bank charge/charge back disputes, the sole remedy for any controversies arising out of the terms of this Agreement or its interpretation for either party shall be Termination of the Agreement in accordance with Section 4.

5.4.  This Agreement constitutes the entire agreement between the parties pertaining to the IW Program between Patient and SFM and supersedes all prior or contemporaneous agreements, understandings, or negotiations of the parties, but may be amended by SFM per notice included in 3.2.   

5.5.  Should any provision of this Agreement be held invalid, unenforceable, or unconstitutional by any governmental body or court of competent jurisdiction, such holding shall not diminish the validity or enforceability of any other provision hereof.

5.6.  Patient may not assign the Agreement to another party.

5.7.  The Agreement is assignable by SFM only to a successor professional corporation.

5.8.  Patient authorizes SFM and its third-party administrators and vendors to send email or text, which may include the minimum necessary protected health information related to Patient status in the IW Program and payments, such as receipts, payment reminders, and other communications that may include the minimum essential personal health information, such as patient name, appointments, and payments received or due.

6.     Enrollment Information

6.1.  There is no fee for an IW Program orientation visit, but patients should be aware that SFM reserves the right to initiate an IW Program orientation visit fee in the future, which would be in addition to normal and routine charges and is payable in advance of the visit. This payment is in addition to the Platform fee. Patients who leave the IW Program and then return may be charged any IW Program orientation visit fee implemented by SFM. 

6.2. Reserved for future use. 

6.3.  FM Program payments are nonrefundable.

The following outlines the terms and conditions for access to the Functional Medicine Energy Center Platform (“the Platform”) between the undersigned, (“User”) and Functional Medicine Energy Center (“FMEC”). The User should review the information in this Agreement, including their rights and responsibilities, and retain a copy of this Agreement for future reference. Questions should be directed to the designated Platform contact at Contact@FMenergycenter.com.

1.     Platform

1.1.  The Platform provides access to integrative and functional medicine (“I&FM”) resources provided by third-parties.

1.2.  FMEC offers resources that may not be included on the User’s Platform access.

1.3.  User is responsible for accessing the Platform upon execution of this Agreement.

1.4.  The resources provided on the Platform are subject to change without notice and may be removed at any time.

1.5.  FMEC requires User to register and maintain access to the Platform to utilize the Platform. 

1.6.  Payments for the Platform are processed by FMEC upon account activation and every month thereafter.

1.7.  All Platform payments are nonrefundable.

1.8.  Additional costs to receive Platform products and services from third parties are subject to third parties' terms and conditions.

1.9.  FMEC may use third parties to a) Provide this Agreement to Users; b) Process payments for this Agreement; and c) Administer Users’ accounts.  

2.     User Responsibilities

2.1.  User will register for the Platform and maintain an active email on file with FMEC.

2.2.  User will utilize a unique username and password to access the Platform.

2.3.  User will not provide their username and password to others or allow others to access their Platform account.

2.4.  User’s use of the Platform’s content is restricted to personal use by the User. User cannot reproduce, republish, or reuse the Platform’s content without express written permission.

2.5.  User will provide a credit card or bank account information for recurring Platform payments to remain in good standing. Failure to keep the Platform account in good standing can result in Termination in accordance with Section 4 below.

2.6.  User will update any changes to email or payment information on the Platform.

2.7.  Third-party products and services on the Platform may include additional User responsibilities.

2.8.  User agrees not to disclose, discuss or disseminate the specifics of FMEC’s Platform including any trade secret, technical information, form or agreement.

3.     Changes

3.1.  Platform resources and other products and services and their cost may be changed at any time.

3.2.  The price of the Platform payments may be changed with 60-day notice, with notice emailed to the User’s email on file.

4.     Termination

4.1.  The Platform may be terminated by User by cancelling their account on the Platform or by notifying FMEC by email at Contact@FMenergycenter.com at least five days before payment is due.  

4.2.  Platform access may be terminated by FMEC if User fails to continue making Platform payments or, at FMEC’s sole discretion, User has violated any requirement of Section 2.

4.3.  FMEC may terminate the Platform at any time, with User receiving notice of termination of the Platform and a prorated refund of any payments for time periods beyond the effective termination date of the Platform.

5.     Miscellaneous

5.1.  The laws of the State of Nevada shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.

5.2.  User agrees to indemnify and hold harmless FMEC from and against, but not limited to, all losses, claims, damages, errors, expenses or liabilities arising from the administration and content of the Platform.

5.3.  Parties agree that except for credit card/bank charge/charge back disputes, the sole remedy for any controversies arising out of the terms of this Agreement or its interpretation for either party shall be Termination of the Agreement in accordance with Section 4.

5.4.  This Agreement constitutes the entire agreement between the parties pertaining to the Platform between User and FMEC and supersedes all prior or contemporaneous agreements, understandings, or negotiations of the parties, but may be amended in by FMEC per notice emailed to the User’s email on file.

5.5.  Should any provision of this Agreement be held invalid, unenforceable, or unconstitutional by any governmental body or court of competent jurisdiction, such holding shall not diminish the validity or enforceability of any other provision hereof.

5.6.  User may not assign this Agreement to another party.

6.     Enrollment Information

6.1.  Platform access is $150 a month.

6.2.  User’s credit card or bank on file will be charged for the Platform upon account activation and every month thereafter unless Termination is provided by User in accordance with Section 4.1.

6.3.  Platform payments are nonrefundable.