This Concierge Client Membership Agreement (the “Agreement”), effective as of the date of the Client’s signature (the “Effective Date”), is made by and between Qwell, LLC., Qwell contractual affiliates (“Affiliates”) and/or associates (“Associates”), and the undersigned client member (the “Client” or “You”). As a Qwell Client, you desire to receive, in exchange for a fee, certain nonmedical concierge services (the “Concierge Services“) from Qwell Concierge as part of and by virtue of this Agreement. The purpose of this Agreement is to set forth the terms and conditions of how the Concierge Services will be furnished to You by Qwell Concierge. You and Qwell therefore agree as follows. Definitions • “Client” – a person for whom Qwell shall provide Concierge Services, and who is a party to this Agreement. Qwell LLC will provide you (“the client”) with the Concierge Services set forth below, which may be adjusted for subsequent membership years. These Non-Medical (“Non-Medical”) Concierge Services are designed to facilitate your access to health care services but shall not include direct Medical Services or payment for Medical Services.
Concierge Services are Non-Medical Services. Under the Agreement, you are entitled to receive the following Concierge Services in exchange for the fee listed below: 1) A personal assistant to coordinate your medical experience 2) A dedicated phone line, email, and app to streamline communication and appointment scheduling 3) Personalized assistance in obtaining appointments with specialists using the Qwell Concierge Doc-to-Doc referral system. All additional services and benefits, including direct medical services are provided by the provider, not by Qwell Concierge.
The communication will be enabled by the Qwell Concierge application or vendors engaged by Qwell to provide communication services. Same Day/Next Day Appointments: When a client requests to schedule an appointment, Qwell concierge will make a reasonable effort to find an appropriate provider and schedule an appointment on the client’s behalf on the same day or within 24 hours. Clients shall be given access to a Qwell Concierge to assist with outside Physician referrals, and to which non-urgent communications can be addressed. Such communications shall be dealt with by the Qwell concierge in a reasonably timely manner. Concierge Services Patient Warning: Client understands and agrees that email and the internet should never be used to access medical care in the event of an emergency, or any situation that Client could reasonably expect may develop into an emergency. Client agrees that in such situations, when a Client cannot speak to a health care provider immediately in person or by telephone, that Client shall call 911 or the nearest emergency medical assistance provider, and follow the directions of emergency medical personnel.
To become and remain a Member you agree to pay Qwell an annual fee, billed yearly, which may be adjusted for subsequent membership years. Members will be notified of any pricing changes in advance of implementation. The fee for your initial membership year is subject to individual adjustments, payment plans, and discounts. You will be charged yearly for each subsequent year after your subscription starts unless otherwise stated. In some cases, discounts and alternative pricing may be made available (for example, yearly pricing or a free trial period). Term, Termination, and Cancellation: This Agreement will commence on the Effective Date and will extend for one year thereafter. The Agreement shall be automatically renewed upon the anniversary of the Effective Date and each anniversary thereafter, unless terminated as outlined below. If a client wishes not to renew their annual membership, the patient must notify Qwell Concierge 30 days before the membership expires. Insurance or Other Medical Coverage: This Agreement and Qwell Concierge’s services are not substitutes for health insurance or other health plan coverage (such as commercial insurance or membership in an HMO). You acknowledge that Qwell has advised You to obtain or keep in full force your health insurance policy(ies) or plans in order to cover You and your family members for Medical Services and other healthcare costs. You acknowledge that this Agreement is not a contract that provides medical care or health insurance for you, and this Agreement is not intended to replace any insurance coverage provided to You by an Insurer and that Concierge Services are not intended to be billed to or covered by your Insurer. Severability: If for any reason any provision of this Agreement shall be deemed, by a court of competent jurisdiction, to be legally invalid or unenforceable in any jurisdiction to which it applies, the validity of the remainder of the Agreement shall not be affected, and that provision shall be deemed modified to the minimum extent necessary to make that provision consistent with applicable law and in its modified form, and that provision shall then be enforceable. Modifications, Termination, Interruption and Disruptions: You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Qwell Concierge platform, any part of the platform or the use of the platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. The Qwell Concierge platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the platform will be uninterrupted or that it will be accessible, consistent, timely or error free at all times.