Membership Terms

If you wish to participate as a subscriber of Amenities Health’s direct care membership, you must click on the “I accept the terms and conditions of this Agreement” box. By clicking the “I accept the terms and conditions of this Agreement” box you acknowledge: (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as an agreement signed with original signatures. If you do not click on the “I accept the terms and conditions of this Agreement” button you will not be entitled to participate as a subscriber. 

This Agreement and the terms and conditions set forth specify the terms and conditions under which you, the undersigned patient (“Patient”), may participate in the direct health care membership program for concierge longevity services (“Program”) offered by Amenities Health on behalf of its affiliated Provider practices and network physicians and providers including Amenities Medical, PA (the “Network”).  

1. Definitions. 

A. Providers means appropriately licensed health care providers providing professional services hereunder who independently contract to participate in Amenities Health’s Network to provide certain digital and/or virtual telehealth services.

B. Covered Services means:  

• In-depth medical review with your Provider to understand your full medical and health history, and current health concerns, lifestyle, and diet.

• Personalized wellness care plan that addresses your health goals, including lifestyle, nutrition, sleep, movement, and mental wellbeing.

• Ongoing appointments with your Providers as needed to manage your health ranging from chronic condition management to preventative care including, without limitation, messaging support for something as minor as a cold.

• Specialist referrals and advanced diagnostic testing for more complex issues, all coordinated by your Provider and care team.

• Unlimited messaging with your Provider and care team so you can stay connected between visits.

• Access to a membership app to schedule appointments, view test results, message your Provider, refill prescriptions, and view a record of all your medical care.

2. Membership Enrollment. You hereby agree to enroll as a subscriber in the Program. You shall be entitled to receive the Covered Services. Membership in this Program includes only the Covered Services and no other services. Amenities Health may add or discontinue Covered Services at any time, in its sole discretion to the extent permitted under applicable law. You will be provided at least sixty (60) days advance written notice to any material reduction or removal of Covered Services.  You acknowledge that you are enrolling in the Program voluntarily.  By enrolling in the program, you are agreeing to be bound by these terms and affirming that you are of legal age to enter into this Agreement.  The Program and this Agreement is non-transferable.  The Program must be associated only with a single individual over the age of legal majority in the applicable jurisdiction.  Amenities Health reserves the right, in its discretion, to exclude any individual(s) from the Program or to terminate participation in any Program, for any reason, including abuse of the Program, failure to comply with this Agreement, or fraud, misrepresentation, or other conduct detrimental to the interests of Amenities Health.  Any such exclusion or termination may affect eligibility for further participation in this or any other membership or subscription program offered by Amenities Health.

3.        Identity Verification.  As a condition of membership and prior to receiving any Covered Services, You agree to verify Your identity with a Provider through a live video session. Identity verification consists of presenting an unexpired, government-issued photo identification (such as a driver's license, passport, state-issued ID, military ID, or permanent resident card) to the Provider via video and verbally confirming Your legal name and date of birth, which the Provider will compare against the information on Your account. Verification will be performed at Your intake appointment and may be repeated at the Provider's discretion at any subsequent visit. Until Your identity is verified, no Provider will add medical information to Your record, prescribe medications, order labs or imaging, or otherwise furnish Covered Services to You. If You are unable to verify Your identity at a scheduled visit but are willing to do so at a future visit, Your visit will be rescheduled at no additional cost and Your membership will remain in good standing. If You refuse to verify Your identity, Amenities Medical PA may terminate Your membership immediately, and notwithstanding anything in Section 6 to the contrary, You will receive a refund of Your Membership Fee less the value of any Covered Services already rendered, as determined by Amenities Medical PA in its reasonable discretion. If no Covered Services have been rendered as of the date of termination, You will receive a full refund of the Membership Fee.

4. Membership Fee. The fee for the Covered Services in the Program is $249 on a monthly basis or $2,499 annually (“Membership Fee”). The Membership Fee is subject to change. Notice of any such change will be provided to Patient no fewer than thirty (30) days prior to the end of the then current Term (as defined herein), with such change taking effect with the commencement of the next Term.  You will pay the Membership Fee to Amenities Medical PA for the Covered Services.  The Membership Fee is due at the beginning of each subscription term and Amenities Medical PA will charge the method of payment You provide in the amount of the Membership Fee. The Membership Fee does not include taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, "Taxes"). You shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Amenities Medical PA's net income.  You agree to provide Amenities Medical PA with alternate payment card information if the payment card Amenities Medical PA has on file for you is no longer valid, or if You choose to use a different payment card. There are no refunds for partially used Term periods. The Membership Fee only covers the rendering of the Covered Services, and shall not cover the cost of any diagnostic or other laboratory tests, prescription medications or medical devices, specialty medical care rendered by any third party, or any other referral made by a Provider to another third party except to the extent specifically set forth in the definition of Covered Services.  The Membership Fee and terms may change from time to time; however, we will provide You with advance notice (via the Platform or otherwise) of such changes.

5. Relationship between Providers and Amenities Health. You understand and acknowledge that each Provider is an independent contractor to Amenities Health or the Network, and is not the agent, servant or employee of Amenities Health or the Network. You further agree and understand that Amenities Health does not provide, supervise or control the care that you receive from a Provider. Rather, your care is furnished and directed solely by the Provider who exercises such provider’s own professional judgment in the practice of medicine or other applicable profession. Amenities Health is not responsible for the judgment or conduct of any Provider who renders the Covered Services and/or other care to you. Amenities Health makes no representations or warranties about the quality, qualifications, or experience of the Provider or the Covered Services and/or other care such Provider provides.

6. Renewals and Termination.  The Program covers a period of one (1) month or one (1) year (“Term”).  After the initial Term, the Program will automatically renew for subsequent one (1) month or one (1) year Subscription Periods.  Notwithstanding anything herein to the contrary, You shall have the right to terminate during a Term effective the end of any renewal period without termination penalty by contacting help@amenitieshealth.com or using the functionality provided on the Platform through your Customer account. The foregoing shall be adjusted as necessary under applicable law, and Amenities Medical PA will comply with any applicable legal requirements regarding subscriptions, renewals, and cancellations in your state.  Except as provided otherwise by law, You understand and agree that your Program will automatically continue for additional periods, unless you cancel or do not renew in accordance with this Agreement, and you authorize Amenities Medical PA (without notice to you, unless required by applicable law) to collect and charge the then-applicable Membership Fee(s) and any applicable taxes, for each such renewal.  If, for any reason, Amenities Medical PA ceases to offer the Covered Services, then you will be entitled to a refund of any Membership Fees paid in advance for the month(s) after Amenities Medical PA ceases to offer health care services for any reason. Membership Fees shall not be pro-rated for any month.  All purchases for the Program are final.  Except as otherwise required by applicable law and except as expressly provided in Section 3 (Identity Verification), any paid Membership Fees (or payable Membership Fees for the remainder of an existing Subscription Period) are non-cancellable and non-refundable.  Amenities Medical PA will consider requests for accommodation on a discretionary, case-by-case basis as to automatic renewals and cancellation requirements, and  may also in its sole discretion agree to “pause” your Membership for a limited, set period of time.

7. Services Excluded from Program and the Membership Fee. The Membership Fee specified herein covers only the defined Covered Services. Neither Amenities Health nor your Provider or her staff will seek reimbursement from any insurer or other third-party payer for the Covered Services. Patient shall be responsible for any charges incurred for health care services including Excluded Services provided by Provider that are not expressly identified in the Covered Services. 

8. Non-Covered Services. Patient shall be responsible for any charges incurred for health care services provided by Providers that are not expressly identified in the Covered Services.  The Program and Covered Services do not cover any of the following services not expressly included in the Covered Services: (i) any ancillary services; (ii) any services provided by any party other than Providers; (iii) hospital services, emergency room visits, or urgent care facility visits; (iv) appointments with other providers or specialists referred to you by a Provider; (v) radiology; (vi) lab tests by outside companies; (vii) durable medical equipment; (viii) care or treatment for high acuity or chronic medical conditions; or (ix) any services not expressly listed as included in the Covered Services (collectively, the “Excluded Services”).  You acknowledge that neither Amenities Health nor any Provider is responsible for any medical bills incurred for any Excluded Services, even if your Provider referred you for such services.  If your Provider makes an outside referral, you should contact your insurance provider, if any, to check your coverage for such referred service.

9. Limitations and Additional Representations

A. Clinical Services.  All clinical diagnoses and treatment determinations are based solely on the Provider’s individualized evaluation of clinical appropriateness and medical necessity made during a visit, and under no circumstances shall Network or its Providers guarantee or ensure a particular treatment or clinical outcome as a result of the Covered Services.  

B. Prescribing Authority and Limitations. Your Provider may prescribe non-controlled medications when clinically appropriate and consistent with applicable federal and state law, the Provider's independent medical judgment, and the standard of care. This includes, where clinically indicated, medications used to treat mental health conditions (such as antidepressants and anti-anxiety medications that are not controlled substances) and medications commonly associated with wellness, hormone optimization, sexual health, weight management, hair loss, and similar concerns. You acknowledge and agree that:

       (i) No Controlled Substances. No medication classified as a controlled substance under the federal Controlled Substances Act (Schedules I through V), including but not limited to opioid analgesics, benzodiazepines, stimulants used to treat ADHD, sleep medications classified as controlled substances, testosterone and other anabolic steroids, ketamine, and buprenorphine, will be prescribed by any Provider via the Covered Services. If You require a controlled substance, You will be referred to an in-person provider or other appropriate care setting at Your expense.

        (ii) No guarantee of any prescription. Nothing in this Agreement entitles You to receive any particular medication. All prescribing decisions are made solely by Your Provider based on a clinical evaluation, and Your Provider may decline to prescribe any medication for any reason consistent with applicable law and professional standards.

        (iii) State law and Provider licensure. Prescribing is subject to the laws of the state in which You are located at the time of the visit and to Your Provider's licensure in that state. Some medications that are available in one state may not be available in another, and Your Provider may not be authorized to prescribe in every state.

    (iv) Cost of medications. The cost of any medication is not included in the Membership Fee and is the Patient's responsibility, as set forth above.

C. Emergency Services.  You understand that if in the Provider’s sole medical judgement, the consult involves a life-threatening emergency, Provider may direct you to the nearest emergency facility.

D. Providers.  You understand and acknowledge that Providers participating in the Program may change from time to time and that from time to time certain Providers may no longer be able to accept new members due to patient volume limits. If your chosen Provider is no longer available, Amenities Health will notify you of such unavailability and offer an alternative Provider.

E. Provider/Patient Relationship.  You understand that in order to receive any Covered Services, you are required to complete the necessary steps to create a provider/patient relationship via Telephone or Video, in accordance with applicable state and federal laws. Those steps include, but are not limited:

1. Completing a Medical History Disclosure; and 

2. Agreeing to the Telehealth Consent Form and any additional intake forms and confirming an understanding that the Provider is not obligated to accept you as a patient; and

3.       Completing identity verification with a Provider as described in Section 3.

10. Not Insurance. YOU ACKNOWLEDGE AND UNDERSTAND THAT NEITHER THIS AGREEMENT NOR THE PROGRAM IS INSURANCE. THIS AGREEMENT DOES NOT PROVIDE COMPREHENSIVE HEALTH INSURANCE COVERAGE, IS NOT A CONTRACT OF INSURANCE, AND IT IS NOT REGULATED BY THE INSURANCE LAWS OF  YOUR STATE OR ANY OTHER STATE. The Agreement does not meet any individual health insurance mandate that may be required by federal or state law.  You acknowledge that you are not entitled to health insurance protections for consumers under any state or federal laws.  You additionally acknowledge that none of Amenities Health, Network or its Providers will file any claims against any insurance policy or plan for reimbursement for any services you receive pursuant to this Program, and that obtaining a health care provider through the Program will likely not qualify for any primary care provider requirement that exists in a third-party insurance plan.  If you have an insurance policy, your insurance may include, at no additional charge, some of the Covered Services that you receive under the Program.  The Covered Services should not be utilized for emergency medical problems. This provision shall survive termination of this Agreement. For the sake of clarity, THIS AGREEMENT IS NOT HEALTH INSURANCE AND THE PROVIDER WILL NOT FILE ANY CLAIMS AGAINST THE PATIENT’S HEALTH INSURANCE POLICY OR PLAN FOR REIMBURSEMENT OF ANY HEALTH CARE SERVICES COVERED BY THE AGREEMENT. THIS AGREEMENT DOES NOT QUALIFY AS MINIMUM ESSENTIAL COVERAGE TO SATISFY THE INDIVIDUAL SHARED RESPONSIBILITY PROVISION OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. THIS AGREEMENT IS NOT WORKERS’ COMPENSATION INSURANCE AND DOES NOT REPLACE AN EMPLOYER’S OBLIGATIONS UNDER STATE LAW. THIS AGREEMENT DOES NOT CONSTITUTE INSURANCE AND IS NOT SUBJECT TO THE STATE INSURANCE LAWS, NOR DOES THE ACT OF ENTERING INTO A DIRECT HEALTH CARE AGREEMENT CONSTITUTE THE BUSINESS OF INSURANCE. 

11. Medicare and Insurance Claims. You acknowledge and understand that neither Amenities Health or any Providers will bill insurance companies or Medicare on your behalf for Covered Services or for the Membership Fee. Patient may not seek reimbursement of the Membership Fee from any insurance company or health care plan, including Medicare, for any of the Covered Services or for any other services that Provider provides Patient.  You acknowledge and agree that some services may be a covered benefit or covered service under Patient’s health benefit plan.  However, you agree that you may not file a claim for the Covered Services with any health plan, insurer, or other payor.  

12. Billing. Initial payments are processed at the time of enrollment. Subsequent payments are charged monthly or yearly.

13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, except as otherwise provided herein.

14. Assignment/Binding Effect. This Membership Agreement shall be binding upon and shall insure to the benefit of Amenities Health, Network, Provider and Patient and their respective successors, heirs and legal representatives. Neither this Membership Agreement, nor any rights hereunder, may be assigned by the Patient without written consent of Amenities Health.

I AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND EXPRESSLY AGREE TO THE FOLLOWING:

• This Agreement is for ongoing primary care and is NOT a medical insurance agreement.

• Provider will not file any third-party insurance claims on my behalf.

• This Agreement does not meet the individual insurance requirement of the Affordable Care Act. 

• This Agreement is non-transferrable.