Patient Informed Consent

By obtaining a consultation through the Noho Labs platform (“NOHO”) from a provider associated with Noho Medical Services, P.C. and its affiliated professional medical corporations (the “Practice”), you agree to the following terms (collectively, the “Agreement”). You understand that NOHO operates the technology platform that facilitates your access to the Practice and its clinical providers, and that NOHO is not itself a healthcare provider.

1. Binding Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that any and all claims, disputes, or controversies between you and the Practice, its officers, directors, employees, independent contractors, agents, and affiliated licensed medical practitioners (“Providers”), and NOHO, its parent corporation, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (collectively, the “Covered Parties”) arising out of or related to this Agreement, the NOHO platform, the telehealth services provided through the NOHO platform, or any medications prescribed or dispensed in connection with those services shall be resolved exclusively through final and binding arbitration.

  • Waiver of Jury Trial: BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
  • Class Action Waiver: YOU AGREE TO BRING ANY CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU UNDERSTAND THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
  • Arbitration Rules: You understand that the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules.
  • Governing Law: You understand that this arbitration agreement is governed by the Federal Arbitration Act.
  • Right to Opt Out: You understand that if you reside in a state that requires an opt out right, you may opt out of this arbitration agreement by sending written notice to legal@noholabs.com within thirty (30) days of signing this Agreement. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out of arbitration, all other provisions of this Agreement will remain in effect, and your treatment will not be affected.

2. Consent to Telehealth Services

You understand and agree to the following regarding your use of a telehealth consultation with the Practice:

  • Establishment of Relationship: You understand that a practitioner-patient relationship will be established between you and a Provider affiliated with the Practice. Your Provider will be responsible for your medical care.
  • Nature of Telehealth: You understand that your evaluation and treatment will be conducted remotely via electronic communication, which may include asynchronous (store-and-forward) messaging in which your Provider reviews your submitted information and responds at a later time without a live, real-time interaction. Consultations may also occur via video or audio. You understand that asynchronous consultations do not allow for real-time dialogue, follow-up questions during the encounter, or a physical examination, and that these limitations may affect your Provider’s ability to diagnose or treat certain conditions. You further understand that telehealth consultations may limit your Provider’s ability to assess injection site reactions, observe your technique for self-administered medications, or monitor for immediate adverse responses following administration of injectable medications. You understand that telehealth is not a substitute for an in-person physical examination and that your Provider may determine that an in-person visit or synchronous consultation is necessary.
  • Right to Refuse Telehealth: You understand that your consent to receive care via telehealth is voluntary. You may withdraw your consent or request an in-person consultation at any time without affecting your right to future care or treatment.
  • Patient Location: You understand that you must be physically located in a state where your Provider is licensed at the time of each consultation. You agree to accurately disclose your physical location at the time of each consultation and understand that providing inaccurate location information may affect the validity of your consultation and any prescriptions issued.
  • Provider Information: You understand that your Provider is a licensed medical practitioner credentialed through the Practice. Information about your Provider’s licensure, qualifications, and the state(s) in which they are licensed to practice will be made available to you upon request and before your consultation begins.
  • Technology and Privacy: You understand that the telehealth platform requires a device with internet access. You understand that electronic communications carry inherent risks to privacy and security, including the possibility of technical failures, unauthorized access, or data breaches, despite reasonable safeguards. You accept these risks and agree to conduct your consultations in a private setting.
  • Reliance on Information: You understand that your Provider must rely on the health information, medical history, and images you provide. You agree to provide complete and accurate information. You understand that the omission or misrepresentation of information could result in a failure to diagnose a condition or could lead to adverse effects from your treatment.
  • Response Times: You understand that for asynchronous consultations, your Provider will review your submitted information and respond within the timeframe communicated by the platform. You understand that response times are not guaranteed and may vary based on clinical complexity and Provider availability.
  • Notification of Changes: You agree to promptly notify your Provider of any changes that may affect your eligibility for or the safety of your treatment, including but not limited to: pregnancy or plans to become pregnant, breastfeeding, new medical diagnoses, hospitalizations, surgeries, changes in other medications or supplements, and any other condition that may conflict with your prescribed treatment.
  • Monitoring and Continued Treatment: You understand that your Provider may require periodic follow-up consultations, laboratory testing, imaging, or other clinical assessments as a condition of initiating or continuing your treatment. You agree to comply with all monitoring and follow-up requirements established by your Provider within the timeframes specified. You understand that failure to complete required follow-up consultations, laboratory work, or other monitoring may result in the modification or discontinuation of your treatment, and that the Practice shall not be liable for any adverse outcomes resulting from your failure to comply with prescribed monitoring requirements.
  • Coordination with Other Providers: You are encouraged to inform your primary care provider and any other treating healthcare professionals about any treatment you receive through the NOHO platform. You understand that the Practice and NOHO are not responsible for adverse interactions with treatments prescribed by other providers that you fail to disclose.
  • Primary Care: You understand that the telehealth services provided through the NOHO platform are supplemental to, and not a substitute for, an ongoing relationship with a primary care provider. You are encouraged to maintain a primary care relationship for your comprehensive healthcare needs.
  • Emergency Procedures: You understand that the telehealth platform is not intended for medical emergencies. In the event of a medical emergency, you will call 911 or seek immediate in-person medical attention. You understand that adverse reactions to medications, including injectable peptides, may include but are not limited to difficulty breathing, swelling, severe rash, chest pain, rapid heartbeat, or signs of anaphylaxis, and that any such reaction requires immediate emergency medical care rather than contact through the NOHO platform.

3. Consent to Medication Therapy

By consenting to this form, you acknowledge, understand, and consent to treatment with peptide compounds and other medications, if prescribed, and with other products, if recommended, and you agree to the following:

  • FDA Disclosure: You understand that the peptides and other medications prescribed to you or other products discussed with you may be compounded medications, supplements, or other products that are not FDA-approved, or in some cases, may be FDA-approved medications used in a compounded form or for purposes consistent with their approval. You understand that some medications may be prescribed for uses not specifically approved by the FDA (commonly referred to as “off-label” use) and that the evidence supporting such use may be based on clinical experience, emerging research, or scientific literature rather than FDA-reviewed clinical trial data. For those medications or products that are not FDA-approved, you understand that the FDA has not evaluated them for safety, effectiveness, or quality before they are marketed. You understand that compounded medications are not generic drugs, are not interchangeable with any FDA-approved product, and should not be considered equivalent in safety, efficacy, or quality to any branded or FDA-approved medication. You understand that compounded medications should only be used when your Provider determines that your medical needs cannot be met by an FDA-approved drug. You acknowledge that there may be limited or no peer-reviewed data on the long-term safety, efficacy, or appropriate dosing of certain compounded peptides, other medications, supplements, or other products, and that the available evidence supporting their use may be preliminary, evolving, or derived from preclinical studies. You further understand that compounded medications and other unapproved products carry risks distinct from FDA-approved drugs, including potential variability in potency, purity, and quality, and the possibility of contamination or sterility failures during the compounding process.
  • Investigational and Emerging Compounds: You understand that certain peptides or other compounds prescribed or discussed through the NOHO platform may be supported by emerging, preclinical, or preliminary scientific evidence rather than established human clinical trial data. You acknowledge that the safety profile, optimal dosing, potential drug interactions, and long-term effects of such compounds may not be fully characterized. You understand that some compounds may have limited or no published human studies evaluating their safety or efficacy for your intended use, and that the body of available evidence may consist primarily of animal studies, in vitro research, case reports, or anecdotal clinical experience. You voluntarily accept the associated risks, including the risk that such a compound may provide no therapeutic benefit or may cause unanticipated adverse effects. You confirm that your Provider has informed you of the nature and extent of the available evidence for any such compound prescribed to you.
  • Drug Interactions and Medical History Disclosure: Peptide therapy, other medications, supplements, or other products may interact with prescription medications, over-the-counter drugs, supplements, herbal remedies, recreational drugs, or existing medical conditions in ways that could affect treatment safety or efficacy. You understand that you must disclose all medications, supplements, vitamins, herbal products, recreational drug use (past or current), and medical conditions so that your Provider can try to manage drug interactions and side effects. This includes but is not limited to blood thinners, diabetes medications, hormone therapies, steroids, immune system medications, and any supplements affecting blood sugar, blood pressure, or hormone levels.
  • Third-Party Compounding Pharmacy Disclosure: You understand that if your Provider prescribes peptide therapy or other compounded medications, the prescription will be sent to and filled by a licensed compounding pharmacy. You understand that these pharmacies specialize in compounding medications, which are created for an individual patient and are not manufactured in bulk or approved by the FDA. You acknowledge and understand that the default compounding pharmacy used by the platform is owned by NOHO’s parent corporation, where available. This financial relationship is disclosed so that you may make an informed decision about where to fill your prescription. Notwithstanding this affiliation, the Practice and its Providers exercise independent medical judgment in all prescribing decisions, and clinical decisions are not directed or controlled by NOHO or any affiliated pharmacy. The Practice is not responsible for the pharmacy’s acts or omissions, including but not limited to the compounding process, labeling, shipping, or any errors made by the pharmacy.
  • Insurance and Cost: You understand that compounded medications, supplements, and other products are generally not covered by health insurance and that you will be responsible for the full cost of the medication ordered through NOHO or products ordered from third-parties. You understand that pricing for compounded medications may differ from pricing for FDA-approved alternatives.
  • Financial Disclosure for Compounded Medications: You understand that the pricing offered through the NOHO platform is a bundled fee that includes both the consultation and a credit towards the cost of medication dispensed by a NOHO-affiliated pharmacy. If you choose to fill your prescription at a non-affiliated pharmacy, the bundled pricing will not apply, the cost of the medication will not be eligible for a peptide credit, and you will be solely responsible for any charges imposed by the non-affiliated pharmacy. Any platform-related discounts, promotions, or bundled pricing apply only to prescriptions filled through an NOHO-affiliated pharmacy. You have the right to have your prescription sent to any licensed pharmacy of your choice that is capable of compounding your prescribed medication, and you are under no obligation to use the default pharmacy. If you wish to designate an alternative pharmacy, you may notify your Provider or contact NOHO customer support.
  • Dosing: You understand that compounded medications and other unapproved products may have variability in concentration compared to FDA-approved drug products. You agree to follow the dosing instructions provided by your Provider exactly as prescribed and to not adjust your dosage, frequency, or method of administration without prior authorization from your Provider.
  • Shipping and Delivery: You understand that compounded medications may be shipped to you via mail or courier and are subject to risks during transit, including delays, temperature exposure, and damage. You agree to inspect all packaging upon receipt and to contact the dispensing pharmacy promptly if the packaging appears damaged, unsealed, or if cold chain indicators suggest temperature compromise. You understand that neither the Practice nor NOHO is responsible for medication degradation, loss, or damage that occurs during shipping or after delivery.
  • Self-Administration and Storage: You understand that if your prescribed peptide or other medication is an injectable medication, you will be responsible for self-administering the medication at home without direct medical supervision. You acknowledge the risks associated with self-injection, including but not limited to infection at the injection site, improper injection technique, bruising, needlestick injuries, allergic reactions, and, in rare cases, anaphylaxis or other serious systemic adverse events. You understand that because you are self-administering medication outside of a clinical setting, immediate medical intervention may not be available in the event of an adverse reaction. You agree to follow all administration and storage instructions provided by your Provider and the dispensing pharmacy, including any refrigeration or temperature requirements. You understand that failure to properly store or handle your medication may affect its potency, sterility, or safety, and that neither the Practice nor NOHO shall be liable for any adverse effects resulting from improper storage or administration by you.
  • Alternative Treatments: You confirm that your Provider has discussed the risks, benefits, and alternatives to peptide therapy with you, including whether any FDA-approved medications are available to treat your condition and why a compounded medication has been recommended. You have had the opportunity to ask questions about your condition, the proposed treatment, any FDA-approved alternatives, and any other treatment options available.
  • Clinical Discretion: You understand that the Practice and its Providers retain sole discretion to prescribe, modify, discontinue, or decline to initiate any treatment based on their independent clinical judgment. You acknowledge that the Practice may discontinue any treatment at any time if your Provider determines it is clinically appropriate to do so, including for reasons related to patient safety, changes in your medical condition, regulatory developments, supply disruptions, or your failure to comply with prescribed treatment protocols, monitoring requirements, or follow-up obligations. You agree that such decisions do not constitute a breach of any obligation to you.
  • No Guarantees: You understand that the Practice and its Providers make no representations, warranties, or guarantees as to the efficacy, safety, or outcome of peptide therapy. You understand that results are not guaranteed and may vary.
  • Adverse Event Reporting: You understand that you should report any adverse reactions or side effects to your Provider promptly. You may also report adverse events directly to the FDA through MedWatch at www.fda.gov/medwatch or by calling 1-800-FDA-1088.

4. Medical Records

You understand that you have the right to request a copy of your medical records maintained by the Practice in connection with services provided through the NOHO platform. Medical records will be maintained and made available in accordance with applicable state and federal law, as further described in the Notice of Patient Privacy Practices.

5. Consent for Electronic Communications

By agreeing to receive electronic communications from NOHO, the Practice, and Providers, you consent to electronic communications pursuant to the terms below.

You understand that NOHO and the Practice may use third-party automated systems to send you appointment reminders, confirmations, cancellations, and billing-related information. You may communicate with your Provider through the secure messaging platform within the NOHO platform. If your Provider enables SMS or text communications, you understand that SMS is not encrypted, may be intercepted by third parties, and that your health information sent via text is at risk of unauthorized disclosure. Standard message and data rates may apply. By consenting to SMS communications, you accept these risks and release the Covered Parties from liability for unauthorized access, disclosure, or technical failures related to SMS communications. You may opt out of SMS communications at any time by texting STOP or notifying your Provider directly.

You understand that electronic communications, including e-mail and text, carry inherent risks such as misdirection, interception, unauthorized access, forwarding, and indefinite storage, and that sensitive medical information, including diagnostic information, should not be transmitted via unencrypted e-mail or text. You are responsible for safeguarding your passwords and other means of access to electronic communications, and the Covered Parties are not liable for breaches of confidentiality caused by you.

You are responsible for notifying NOHO promptly when your contact information changes. You understand that the NOHO platform may send e-mail and push notifications regarding messages from your Provider, upcoming appointments, prescriptions, and other healthcare communications. You may configure certain notification preferences within your account, though certain communications, including appointment reminders, are set by NOHO and may not be disabled.

6. Use of Artificial Intelligence

NOHO and the Practice use artificial intelligence (“AI”) technologies to enhance the services provided through the NOHO platform, improve user experience, and process information. This may include using AI to:

  • Analyze user interactions with the NOHO platform;
  • Process and respond to patient inquiries;
  • Assist in content generation and management;
  • Enhance security and fraud detection;
  • Deliver the services to you; and
  • Improve existing services and develop new features.

By using the NOHO platform or the services provided through it, you acknowledge and consent to the use of AI technologies as part of the services. While NOHO and the Practice implement appropriate safeguards when using AI, you understand that AI-generated content or responses may not always be perfect or complete.

7. Assumption of Risk

You voluntarily assume all known and potential risks associated with telehealth services and peptide therapy, including but not limited to:

  • Known and unknown side effects, adverse reactions, or health complications from the treatment.
  • Risks associated with the lack of long-term clinical studies for certain peptides, other medications, or other products.
  • Risks arising from the limitations of a telehealth-based diagnosis and treatment.
  • Risks specific to compounded medications, including potential variability in potency, purity, quality, or sterility that may differ from FDA-approved drug products.
  • Risks associated with compounds for which the available evidence is preliminary, preclinical, or otherwise limited, including the possibility that such compounds may be ineffective or may carry unknown or poorly characterized risks.
  • Risks arising from self-administration of injectable medications outside of a supervised clinical setting, including the absence of immediate medical intervention in the event of an adverse reaction.

8. Agreement to Indemnify

You agree to indemnify and hold harmless the Covered Parties from any loss, liability, damage, or costs, including court costs and attorneys’ fees, that they may incur due to: (a) your breach of this Agreement; (b) your provision of inaccurate, incomplete, or misleading information; (c) your failure to follow prescribed dosing, administration, storage, or monitoring instructions; (d) your failure to disclose medications, supplements, medical conditions, or other information requested by your Provider; or (e) your sharing, transferring, or permitting any other person to use medications prescribed to you.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY COVERED PARTY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE NOHO PLATFORM, OR ANY SERVICES PROVIDED THROUGH THE NOHO PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF NOHO AND ITS PARENT CORPORATION, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE NOHO PLATFORM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO NOHO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION SHALL NOT APPLY TO LIABILITY ARISING FROM ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You acknowledge that the limitations of liability set forth in this section reflect a reasonable allocation of risk between you and the Covered Parties and form an essential basis of the bargain between you and the Covered Parties. You further acknowledge that NOHO is a technology platform and is not a healthcare provider, and that all clinical decisions, diagnoses, and treatments are made solely by independently licensed Providers affiliated with the Practice.

If any portion of this limitation of liability is found to be unenforceable, the remaining portions shall remain in full force and effect, and the unenforceable portion shall be enforced to the maximum extent permitted by applicable law.

10. Participation in Clinical Research

You agree to participate in clinical research as follows:

  • Feedback and Data Collection Activities: You agree to provide feedback and participate in data collection activities regarding your use of the prescribed peptides and other medications as part of this clinical data collection program, including but not limited to: clinical observations and outcomes, safety and adverse event reporting, and other medical information requested by your Provider. You understand that your participation in data collection activities is voluntary and that you may withdraw from such participation at any time without affecting your treatment.
  • Communication and Follow-up: You agree to maintain regular communication with your Provider and report any significant changes in your condition promptly.
  • Data Use and Confidentiality: You understand that your feedback and clinical data may be used for research purposes, may be shared with regulatory authorities, and could contribute to future publications or regulatory submissions. All information will be handled in accordance with applicable privacy laws and institutional policies while maintaining your confidentiality through de-identification procedures.

11. State-Specific Requirements

You acknowledge that your state of residence may have specific laws regarding telehealth and informed consent. You agree to execute any state-specific addenda or consent forms as required by the Practice to comply with applicable law. You agree that this Agreement shall be governed by the laws of the state in which you reside.

12. Regulatory Changes

You understand that the availability of compounded medications, peptides, and telehealth services may change due to federal or state regulatory actions, including FDA determinations regarding drug shortages, compounding restrictions, enforcement actions, changes in the classification or scheduling of specific compounds, or changes in telehealth prescribing rules. You acknowledge that the current availability of any compound through the NOHO platform does not guarantee its continued availability, and that regulatory agencies may restrict, prohibit, or impose additional requirements on the manufacture, distribution, or prescribing of compounds currently offered. You acknowledge that the Practice and NOHO reserve the right to modify, suspend, or discontinue any treatment program in response to changes in applicable law or regulation, without liability to you. In the event of such a change, the Practice will make reasonable efforts to notify you and, where clinically appropriate, assist in transitioning your care.

13. Other Binding Agreements

You agree that you remain bound by all existing contractual obligations. By signing this consent form, you acknowledge that you continue to be bound by all prior agreements with NOHO and/or the Practice, including:

  • Membership Agreement
  • Website Terms of Service and Privacy Policy
  • Notice of Patient Privacy Practices

14. Electronic Consent and Acknowledgment

By clicking “I Agree” (or similar affirmative action) on the NOHO platform, you confirm that:

  • (a) You have read this Agreement in its entirety, including the binding arbitration agreement and class action waiver in Section 1, the assumption of risk in Section 7, and the limitation of liability in Section 9.
  • (b) You have had the opportunity to ask questions about this Agreement before accepting it.
  • (c) You voluntarily consent to be bound by this Agreement.
  • (d) You understand that clicking “I Agree” constitutes your electronic signature and has the same legal effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law, including the Uniform Electronic Transactions Act (UETA).
  • (e) You acknowledge that NOHO will maintain a record of your acceptance, including the date, time, and version of this Agreement you accepted.
  • (f) You understand that this Agreement will remain in effect until you withdraw your consent to telehealth services or your patient relationship with the Practice is terminated, and that NOHO may require you to re-accept an updated version of this Agreement as a condition of continued access to the platform.

NOTICE: BY ACCEPTING THIS AGREEMENT, YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. SEE SECTION 1 OF THIS AGREEMENT.