This Agreement sets forth the terms of your membership in Parsley Medical’s Direct Health Care Program (“Program”) with Parsley Medical P.C., Parsley Medical, P.L.L.C., Parsley Medical Group FL, P.A., and Parsley Medical Group DE, P.A.. (individually a “Parsley Medical Practice” and collectively “Parsley Medical”). The Program is designed to provide you with direct personalized medical services.
NOT HEALTH INSURANCE. THIS AGREEMENT IS NOT HEALTH INSURANCE AND DOES NOT MEET ANY INDIVIDUAL HEALTH INSURANCE MANDATE THAT MAY BE REQUIRED BY FEDERAL LAW, INCLUDING THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT AND COVERS ONLY LIMITED ROUTINE HEALTH CARE SERVICES AS DESIGNATED IN THIS AGREEMENT
BINDING ARBITRATION. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES
1. Parsley Medical Program Membership Options and Membership Fees.
The Program offers different Membership Options, each with varying scope of services and fees. You must select your desired Membership Option from the available list on Parsley Medical’s website at www.parsleyhealth.com/join . The terms of your selected Membership Option, which can be found on the Parsley Medical’s website at https://www.parsleyhealth.com/join. Membership Options may change from time to time, and you will receive at least ninety (90) days’ advance notice of such changes. However, you are entitled to the full scope of your Membership Option as it existed as of the effective date of a specific Membership Term for the duration of such Membership Term. For any subsequent Renewal Term, you may accept the revised Membership Options or reject such and terminate your Membership.
You may pay your Membership Fee in a single sum or make periodic payments per a monthly Membership Fee Payment Schedule. The initial payment must be made before your Membership commences. Once paid, your Membership Fee is non-refundable, except as set forth in the Parsley Medical Refund Policy, available at https://help.parsleyhealth.com (“What if I change my mind about my membership?”).
2. No Emergency Care; Certain Services and Items Excluded.
If you have an emergency you must dial 911. Parsley Medical does not treat emergencies. Parsley Medical does not offer specialist medical services, medications, or supplements.
3. No Insurance Accepted; Self-Payment Only.
The Program is a direct health care service; it is not health insurance. Parsley Medical does not participate with or bill commercial health insurance plans or federal health care programs such as Medicare or Medicaid. Parsley Medical providers may recommend you receive services not offered by Parsley Medical (e.g., specialty services, diagnostic tests), but in no event will Parsley Medical be responsible for any resulting medical bills.
You are solely responsible for payment of all fees for Parsley Medical’s services. If you do have health insurance, your insurance policy is a contract between you and your insurance company. It is your responsibility to know your benefits, and how they will apply to your benefit payments. Parsley Medical takes no responsibility to understand or be bound by the terms and conditions of such insurance. There is no guarantee your insurance company will make any payment on the cost of the services you have purchased.
4. Subscription Billing.
In order to participate in the Program, your Membership Fee payments will be charged to your credit card on a recurring basis. You hereby agree to allow Parsley Medical to securely store your credit / debit card information (the “Payment Method”). You authorize the Payment Method to be used automatically for your payment responsibilities to Parsley Medical. If a credit card account is being used for a transaction, Parsley Medical may obtain preapproval for an amount up to the amount of the payment. If you want to designate a different payment method or if there is a change in your Payment Method information, you can change the information with Parsley Medical. This may temporarily delay your ability to make online payments while Parsley Medical verifies the new payment information. You represent and warrant that: (1) any credit / debit card information you supply is true, correct and complete, (2) charges you incur will be honored by your credit/debit card company, (3) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (4) you are the person in whose name the credit / debit card was issued and are authorized to make a purchase or other transaction with the relevant credit / debit card and information. You agree and authorize the Payment Method to be billed automatically in accordance with the Membership Fee Payment Schedule in an amount equal to the Membership Fee in effect for your Membership Term.
If Parsley Medical is unable to secure funds from your debit / credit card(s) for any reason, including, but not limited to, insufficient funds in the debit / credit card or insufficient or inaccurate information provided by you when submitting electronic payment, Parsley Medical may undertake further collection action, including application of fees to the extent permitted by law.
You have the right to revoke this authorization by contacting Parsley Medical at email@example.com at least fifteen (15) days prior to the scheduled payment date. You understand that your Membership may be cancelled or withheld if you revoke this authorization, and you are still responsible for all charges you incur or otherwise owe to Parsley Medical. This authorization will remain in full force and effect until revoked by you or Parsley Medical.
5. Term and Termination.
Term. Parsley Medical may, in its sole discretion, not accept this Agreement and return your payment to you. If Parsley Medical accepts the Agreement, it will so notify you, and the initial term of this Agreement will begin on the date Parsley Medical receives your Membership Fee payment and last for the length of the Membership Term you selected (“Initial Term”). After the Initial Term, this Agreement will automatically renew for successive Membership Terms of identical length (each, a “Renewal Term”), unless this Agreement is terminated as provided below.
Termination. Either you or Parsley Medical may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ prior written notice. Upon notice of termination, you will be entitled to receive the services included in your selected Membership Option until the effective date of termination.
6. Electronic Communications.
By providing your email address, you agree to receive electronic communications via email.
7. Privacy and Confidentiality.
Parsley Medical and its providers will maintain a record of the services they provide you, and will maintain the confidentiality of your medical information in accordance with applicable state law and federal law.
8. Entire Agreement; Amendment.
This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof, and supersedes all prior or contemporaneous oral or written agreements. This Agreement may be amended only in writing signed by all parties. Notwithstanding the foregoing, Parsley Medical may, upon at least ninety (90) days’ notice to you, unilaterally amend the Membership Fees and Membership Payment Schedule at any renewal period of this Agreement and/or amend this Agreement if required by applicable law. Upon receipt of such notice, you may accept these changes or reject them by immediately terminating your Membership in accordance with Section 5 (Termination).
If you are purchasing a Membership Plan as a parent or legal guardian of a minor, such minor will be treated as a Member hereunder and you will be responsible for their adherence to this Agreement. You agree to hold harmless and indemnify Parsley Medical for, from, and against any claims of such minor. Parsley Medical shall not serve as and should not be considered a replacement for a primary care physician/pediatrician with respect to any minor. Any Member under the age of 18 must have a separate primary care pediatrician of record who is responsible for urgent care, vaccinations, and all routine pediatric health care services.
10. Miscellaneous. Governing Law.
This Agreement shall be governed by and construed in accordance with the state laws specified in the applicable State Addendum. Venue. The exclusive forum for all disputes arising under or relating to this Agreement, shall be in New York City, New York, unless such action cannot by law be brought in such forum, in which case the venue required by law shall govern. Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to that term or any other term of this Agreement. Severability. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or unenforceability of any other term(s) or provision(s). Successors. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, heirs, executors and administrators. No Assignment. You may not assign your rights, duties and obligations under this Agreement without the prior written consent of Parsley Medical, whose consent may be withheld for any reason. Any attempt to assign said rights, duties and obligations without the prior written consent of Parsley Medical will be null and void and of no force or effect. Parsley may assign this Agreement with thirty (30) days in advance to you. Counterparts. This Agreement may be executed electronically in one or more counterparts, all of which together shall constitute only one agreement. State Addendum. The applicable State Addendum shall be incorporated herein. The terms of this Agreement and the State Addendum shall be read in harmony but, in the event of an irreconcilable conflict between the two, the conflicting terms of the State Addendum shall control. Notices.Any communication required or permitted to be sent under this Agreement shall be in writing and sent via electronic mail (a) to Parsley Medical at firstname.lastname@example.org and (b) to you at the email or the address you designate at signature.
Last Updated: December 18, 2019