AGREEMENT TO TERMS These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MedClub LLC (“we,” “us” or “our”), concerning your access to products, information, & providers of MedClub by Dr. Jenn LLC, as well as any other media form, media channel, mobile website or mobile application owned by MedClub®, linked, or otherwise connected thereto (collectively, the “Brand”). You agree that by signing, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from utilizing services rendered by MedClub, this can include but is not limited to prescription refills, supplement services, our online tele-health portal, our online store, consultations with staff & providers, proprietary information, and supplies needed for our programs. Supplemental terms and conditions or documents that may be posted on our website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions on our Terms & Conditions page, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates.
Emergency Services Disclaimer
1. Please do NOT use MedClub®, including the Telehealth Services, for emergency or urgent medical matters. For all urgent or emergency matters that you believe may immediately affect your health, you must immediately call 911 or go to the nearest emergency room. MedClub is not a hospital or urgent care center, and does not practice emergent medicine, thus is not equipped to handle medical emergencies.
Terms of Services
2. You agree to pay MedClub® all applicable charges at the prices then in effect for the Medical Services provided to you or another person on whose behalf you are accepting these Medical Services Terms and/or payment responsibility (such as your children or other family members). You will be charged for the Medical Services, including alternative services provided to you or your Family Member by a MedClub healthcare service provider (each, a “Provider”). You authorize MedClub to charge your chosen payment method (your "Payment Method") for the Medical Services provided to you or your Covered Family Member. If you are unsure of the current pricing please refer to the Pricing page on our website, or ask one of our employees directly. For certain programs we will be required to create a custom pricing plan depending on the services required, we will notify you directly if this plan needs to be altered based on additional care needs. If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. The third party services provider who manages your Payment Method may impose terms and conditions on you, which are independent of these Medical Services Terms, and you agree to comply with all of those terms. One Medical may accumulate charges that you’ve incurred for the Medical Services and submit them as one or more aggregate charges during or at the end of each billing cycle. MedClub reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.
3. Memberships for functional medicine, hormonal care, and private physician care are subject to change, pricing will be updated on our website, as well as sent out via email notice to all members whose emails are on file and correct, you may obtain the most updated pricing at medclubperformance.com or by calling our office directly. Our memberships are not contractual in length, you may cancel at any time by written email to jennguthriemd@gmail.com
If your membership payment does not go through it is your responsibility to call and update any applicable billing details and pay the full balance before services may be resumed. After 3 missed or failed transactions a penalty may be incurred, including loss of service. At this point you will no longer be able to take part in our monthly membership using a credit/debit card, a routing number and ACH may still be used to re-open your account.
4. You give permission to the Providers to medically care for you and your Covered Family Member on a limited basis to our specialties. You may withdraw this consent at any time by no longer seeking Medical Services from MedClub.
You understand and agree that as part of providing Medical Services to you, your Protected Health Information (as defined by HIPAA), including test results, may be released to our secure EHR software and via communication with MedClubs healthcare team electronically (in accordance with current HIPPA legal standards of practice)
5. You may terminate your use of our Services at any time by email. We may terminate your use of the Services at any time in our reasonable discretion, for causes including but not limited illegal conduct such as falsifying information to obtain controlled substances, intentionally changing medication schedules or directions, abusive and threatening behavior, argumentative or impolite attitudes and/or continued refusal to pay for our services. We may terminate your use of our Medical Services by sending notice to you at the mail or email address you provided to us or by otherwise contacting you. If we terminate your use of the Medical Services, we will use reasonable effort to notify you, and in some cases we will provide titration schedules, and/or referrals to other providers offices.
6. Pay as you go customers will no longer have access to MedClub for ongoing services without becoming a MedClub member and agreeing in writing to the current billing terms. Customers with current services being rendered who have previously paid "up front" for said services will continue to receive services up until the pre-noted date of payment, at which point they will have the option to start a membership or seek another service provider.
7. Core services include weight loss consultations and medication programs, tele-health consultations, testosterone replacement, blood testing for private hormone balancing therapies, and performance medicine. Prices for each membership are separate but may be combined at the patients discretion, multiple memberships combined will incur the listed cost of each membership respectively.
8. Exclusionary services not covered under the membership: general medicine consultations pertaining to any issue not related to our core services, outside questions to any provider or staff member, or any service unrelated to your current therapy program covered under our core service specialties.
9. MedClub may, from time to time, offer complementary or alternative methods of treatment in connection with our Core Services. You must inform the Provider who is caring for you if you are or become pregnant, as this may affect your treatment protocol.
10. You agree that MedClub may send the following to you by email, SMS, EHR Portals, and mobile applications: legal disclosures; these Medical Services Terms, Notice of HIPAA Privacy Practices; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Medical Services. You agree that MedClub may contact you via secure messaging, email, phone, text, or mail regarding the Medical Services, Billing, & Scheduling. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.
11. Appointments at MedClub are made by calling our front desk or using our scheduling software on our website. Consultations with providers at medClub are by appointment only, any appointments that are made will be entered into our appointment software which automatically send out reminders as well as an SMS reminder to confirm the appointment via SMS. If an appointment is confirmed by the patient you agree to show up in person for the appointment at the confirmed time on the confirmed day. You agree to pay a $45 fee for not coming to a confirmed appointment. Any appointment made with us must be cancelled by phone 24 hours prior. A rebooking fee may be applied at our discretion.
12. MedClub Services are intended for use only within the United States and its territories. We make no representation that the Medical Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Medical Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
13. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE MEDICAL SERVICES OR FROM THE USE OF OR INABILITY TO USE THE MEDICAL SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14. Pharmacies used by MedClub are third party to our program, whether they be compounding, or commercial MedClub has no affiliation to any pharmacy other than prescribing directly for each respective patient. Lost, stolen, damaged, or mislabeled medications must be reported directly to the pharmacy that your medications were dispensed from. Contact information for each pharmacy is listed on the package insert that came with your medication, this includes mail order medications & supplements provided by our online Tele-health Store, MedClub Clinic, or affiliate clinics. Each pharmacy upholds a license from the respective Board of Pharmacy in the respective state to where said pharmacy operates, and any applicable licenses which allow each pharmacy to ship approved medications to other states. MedClub obtains pharmacological expertise directly from our 3rd party pharmacies but makes no claims to the accuracy of the data, we do not conduct our own individual testing of their compounds. The medications used from 3rd party pharmacies are compounded equivalents and not brand name medications, as such some deviation from the brand name potency/dosage/volume may be present. The pharmacies are responsible for obtaining testing for accuracy, potency, and equivalency depending on batch size and volume. To request independent testing for current batches of compounded medications please contact the compounding pharmacy on your medication label, if you have lost your label contact our clinic to request the pharmacy contact information pertaining to your order. Compounding pharmacies may have a deviation from brand name medication equivalents but under the 503B & 503C licensure they operate under, they must be within a certain acceptable range to qualify as an equivalent/substitute/generic. To obtain specific pharmacological data in regards to testing please contact the pharmacy directly.
15. Shipping is provided by third party pharmacies, you agree to sole responsibility of receiving and tracking packages from the dispensing pharmacy. MedClub is not liable for lost or stolen packages, all medications with patient specific tracking numbers that are not delivered or sent back to the pharmacy may be replaced at the patients cost. If the package is lost or damaged by the courier, the patients must contact the courier to establish ownership of the Ship To address, then contact the shipping pharmacy directly to open a lost/damaged package claim. MedClub solely provides the written orders for medications are does not compound, manufacture, or otherwise carry any medications, and does not dispense medications.
16. You agree to strictly adhere to the prescription label directions for proper dosage and administration. Failure to follow your prescribers plan will result in immediate termination from using any MedClub Services.
17. Refunds may be dispersed at our sole discretion for reasonable occurrences such as overpayments, or accidental charges. Agreeing to these terms and conditions means that you understand our prices, pricing structure, membership cost, membership inclusions and exclusions, as well as any posted fees such as credit card usage fees, injection fees, supply fees, shipping fees, as well as ancillary costs. Failure to contact us to stop billing for unused membership services for any amount of time does not constitute a reasonable refund. All memberships are billed monthly on the date of the patients choosing. It is the patients responsibility to keep billing details such as address, phone, and other pertinent data up to date to not incur penalty fees. No refunds will be given for services rendered, all sales of products are final sales.
18. You give permission to MedClub and the Telehealth Services Providers to record and process your personal details and medical data. You may withdraw these permissions at any time by no longer seeking Telehealth Services from MedClub.
"Telehealth" is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. The Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., "real time") and asynchronous (i.e., non-"real time") interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files. Further, you understand that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Telehealth Services may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare or emergency services.