Membership Agreement

This Membership Agreement (“Agreement”) is made between Noho Medical Services, P.C. a California medical corporation (the “Practice”) and the undersigned individual (“you”).

1. The Membership Program

Program Access & Scope

  • Included Services: Your membership provides you with access to the Practice’s platform and affiliated medical providers (“Providers”) for the purpose of evaluation and potential treatment with peptide therapies. You will have access to an appointment for the initial consultation, follow up appointments as medically necessary, and unlimited messaging with a provider.
  • Excluded Services: Services outside these clinical services from the Practice Providers, including but not limited to the cost of labs, medications, peptides, medical supplies, or other third-party goods and services, are your sole financial responsibility.

Provider Discretion & Patient Obligations

  • No Guarantees of Prescription Eligibility: Your membership does not constitute a promise or guarantee that you will receive a prescription for peptide therapy or any other medical treatment. All clinical decisions, including eligibility for prescriptions and other recommendations, are made by the independent medical Providers in their sole professional judgment based on their assessment of your health and medical needs.
  • Complete Information: As a condition of membership, you agree to provide complete and accurate health information and to comply with all Provider requests for information and testing, which may include submitting to blood tests, providing past medical records, and furnishing other data deemed necessary for a thorough medical evaluation.

2. Non-Refundable Fees & Payments

Non-Refundable Subscription Fee

  • Subscription Fee: You agree to pay a recurring subscription fee per month based on your membership level (the “Subscription Fee”).
  • Changes to Fees: We reserve the right to change this fee with at least thirty (30) days’ notice prior to the start of your next renewal term.
  • Non-Refundable Fees: All fees are non-refundable. No refunds or credits will be provided for any reason, including for partially used subscription periods or if you terminate your membership.

Membership Payment and Billing

  • Automatic Charges: You authorize the Practice (or its third-party payment processor) to automatically charge your designated payment method on a recurring basis for the Subscription Fee at the start of each subscription period. You must notify the practice thirty (30) days before the renewal term to cancel this authorization.
  • No Chargebacks: You agree that you will not initiate any chargebacks for fees paid under this Agreement. If you initiate a chargeback in breach of this Agreement, you agree to immediately indemnify the Practice for the full amount of the chargeback, as well as any associated bank fees, legal fees, and administrative costs we incur.

Late Cancellation Fees

  • Late Cancellation Charge: You agree that cancellations must be made at least twelve (12) hours prior to your scheduled appointment time. Cancellations made with less than twelve (12) hours’ notice will be subject to a late cancellation fee of $49 per appointment, unless otherwise provided. Late cancellation fees will be processed within three (3) business days of the missed cancellation deadline to the card on file, and you will receive written notice of any late cancellation charges via email or secured message.

Credit Card Authorization

  • Current Credit Card: You must maintain current and valid payment information on file. You may update your payment information at any time by contacting the Practice. Failure to maintain valid payment information on file may result in suspension of scheduling privileges until payment arrangements are resolved.
  • Authorization: By signing this agreement, you authorize the Practice to automatically charge the credit card on file for any applicable late cancellation fees and other charges related to your membership. You have the right to revoke this payment authorization by providing written notice to the Practice at support@noholabs.com at least five (5) business days before any scheduled charge.

3. Term and Termination

Membership Term and Renewal

  • Membership Renewals: Your membership begins on the date of your first payment and will automatically renew for successive periods of the same duration unless terminated.

Termination

  • Termination: You may terminate your membership at any time by providing written notice. The Practice may terminate your membership at any time, with or without cause, upon written notice.
  • Effect of Termination: Termination will be effective at the end of the then-current subscription period, and no refunds will be issued.

4. Disclaimers and Legal Provisions

Nature of Agreement

  • Not Insurance: This Agreement is for membership access only and is not a health insurance plan. The Practice does not bill any private or government insurance plan, including Medicare, for the Subscription Fee or for any services provided.
  • Cash Payments: You are solely responsible for all payments, and you acknowledge that the Subscription Fee is not reimbursable by insurance nor is it deductible for tax purposes.

Limitation of Liability

  • Liability Limits: To the fullest extent permitted by law, the Practice’s total liability arising from or related to this Agreement or the Program shall not exceed the total Subscription Fees you paid to the Practice in the twelve (12) months immediately preceding the event giving rise to the claim. The Practice is not liable for any indirect, special, incidental, or consequential damages.

Dispute Resolution

  • Binding Arbitration: Any dispute, claim, or controversy arising from or relating to this Agreement or the Program will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) in Los Angeles, California, under its Consumer Arbitration Rules.
  • Waiver of Jury Trial and Class Actions: By signing this Agreement, you and the Practice waive the right to a trial by jury. All claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
  • Governing Law and Fees: This arbitration clause is governed by the Federal Arbitration Act, and all disputes will be adjudicated pursuant to California law. The Practice will pay any AAA filing fees for claims up to $10,000. For all other claims, fees will be allocated according to the AAA Rules. Each party will bear its own attorneys’ fees.

5. Member Acknowledgment

By purchasing a membership, you acknowledge, understand, and agree to the following:

  • My membership fee is for access to the Program and does not guarantee I will be prescribed any medication or recommended any therapy.
  • I am paying for this Program entirely out-of-pocket and will not seek reimbursement from any insurance plan.
  • All fees I pay are final and absolutely non-refundable.
  • I agree to resolve any and all disputes through binding arbitration, not in court.