Terms & Conditions
These Terms and Conditions are part of and incorporated by reference into the agreement between You, the Client identified below (“You,” “I,” “your,” or “Client”) and Next Advanced Medicine (“N.A.M.”) as of the date identified in the accompanying Services Agreement. These Terms and Conditions set forth the contractual rights and obligations of You and N.A.M. (each a “Party” and, collectively, “the Parties”) with respect to the services (the “Services”) provided by N.A.M. This Agreement applies to all N.A.M. services (“the Services”), whether in-person, via telehealth, or otherwise. By utilizing N.A.M.’s Services, You accept all the terms of this Agreement. If You do not accept them, You may not utilize the Services and the Parties’ agreement will be deemed terminated. In the event of any termination of this Agreement, any provisions which by their nature show they were intended to survive, including without limitation, provisions relating to ownership, confidentiality, indemnification, disclaimers and limitations of liability shall survive any such termination.
TERMS AND CONDITIONS
1. CONSENT TO N.A.M.’S FOCUSED FUNCTIONAL MEDICINE APPROACH: In seeking the Services of N.A.M. and its employees or independent contractors, You acknowledge that N.A.M. delivers care virtually and or in person through licensed physicians, chiropractors, naturopaths, and nutrition scientists, and is strictly focused on functional and integrative wellness addressing chronic and autoimmune conditions. Among other aspects, functional medicine focuses on metabolic detoxification, cardiometabolic conditions, digestive disorders, metabolism and weight loss, sleep, men’s and women’s health and wellness, investigation for personalized heal, nutrition (food allergies, intolerance, detoxification, anti-inflammatory nutrition, weight management), and personalized nutrition supplements. Many of these aspects are beyond the scope of conventional medicine and focus on nutritional, metabolic, and hormonal imbalances, diet, exercise, environmental influences and psychosocial stressors based on the premise that they directly relate to the development and maintenance of illness. Integrative approaches evaluate these influences and then specifically tries to remedy them, encouraging the Client to change negative lifestyle patterns and establish more positive ones. In signing this Agreement, you acknowledge that this is a distinctive approach and that some clients prefer more traditional, conventional, or specifically evidence-based approaches and therapeutic models. In choosing N.A.M. without consulting with a more traditional, evidence-based practice, You may be foregoing alternative options and it is your responsibility to arrange for such consultations directly with other physicians or health professionals whose specialties are distinct from N.A.M.’s Services. The potential risks associated with N.A.M.’s approach include (a) lack of sufficient testing or questionable efficacy to constitute “evidence-based” medicine; (b) use of biologically active agents that can present risks when used in conjunction with conventional medical therapies; (c) potentially unsafe biological or psychological effects that have received insufficient testing; and (d) delay in seeking mainstream heal based on unvalidated or scientifically unsupported practices. At all times, You understand and agree that You are required to maintain a primary care physician at your own expense, that (if You are a woman), I am required to maintain a gynecologist, and that you will maintain such other specialists, including without limitation a cardiologist, gastroenterologist, or other subspecialist, you’re your primary care physician may recommend. You agree to consult your primary care physician and not N.A.M. to provide or refer to emergent and urgent care if needed. You understand that N.A.M. makes no representations, claims or guarantees that my medical problems or conditions will be cured, solved, or helped by undergoing heal by N.A.M. or this approach.
2. MEDICAL AND NON-MEDICAL SERVICES: You acknowledge that N.A.M. provides different Services, including medical, chiropractic, naturopathic, nutrition science or other services in certain circumstances and jurisdictions (subject to the availability of appropriately licensed personnel) and non-licensed services, amenities, education, and coaching services in other circumstances and jurisdictions. You acknowledge that the provision of assessment tools, findings, and recommendations do not constitute the practice of medicine or any other licensed healthcare profession and must be reviewed with your primary care physician.
3. PRODUCT SALES: You acknowledge that N.A.M. makes available medications, nutritional supplements and other products for sale to Clients, and that with regard to the sales of such items, there is a usual and customary markup on these products and that N.A.M. has a financial interest in sales of these products.
4. CONSENT: You acknowledge that, as reflected in our consent documentation, N.A.M. provides its services through telehealth and/or in person, meaning that our services may be provided virtually to You after your creation of an account, provision of information, payment, review of data, and consultation, all of which are prerequisites to our determination that you are a good candidate for N.A.M. Services. We reserve the right to decline or terminate service at any point for any reason. Visiting our website and making payment do not establish a provider-patient relationship or duty. Please note that the content on our website and that we provide is for information purposes only and does not constitute professional medical advice. You acknowledge that your failure to seek in-person care or care from a primary care physician may result in failure to identify a medical condition that needs further investigation or immediate heal that you need. You understand that although N.A.M. uses reasonable efforts to safeguard your privacy and the confidentiality of all health information, N.A.M. cannot make any guarantees. You understand that N.A.M. will provide detailed information to help you and your doctor make an informed decision about how to manage your health. You understand that all the medicines or heals our provider may prescribe or recommend, including over-the-counter medicines and supplements can cause serious side effects and adverse events that include severe allergic reaction, permanent disability, and death. You understand that it is your responsibility to make an informed decision whether to accept a heal plan that the doctor proposes after weighing the risks and benefits of the medicine being prescribed with your primary care physician and/or other doctors, considering alternative heal options and the risks and benefits of such alternatives, and the option of not seeking any heal. You understand the importance of reading the manufacturer’s leaflet that comes with a medicine, including an over-the-counter or behind-the-counter medicine, before taking a medicine because this leaflet includes important information about risks and warnings. You understand that adverse events can be caused by a number of things, including an allergic reaction, side effects, or interactions between a medicine that the doctor prescribes and any medical conditions you may have, other prescription medicines or other things (e.g., supplements, herbs, over-the-counter medicines, or recreational drugs) you are taking, and lifestyle choices such as smoking tobacco products or drinking alcohol.
5. CLIENT RESPONSIBILITIES: You acknowledge and understand that You are voluntarily becoming a Client of N.A.M. (the “Group”) and that this agreement is non-transferable and will govern your relationship for all Services provided by with N.A.M. for your care. You agree to be actively involved in your care decisions and to disclose all relevant information to N.A.M. to achieve your health goals. You also agree to inform N.A.M. of care received elsewhere. You agree to maintain insurance coverage to obtain hospital or catastrophic services if needed. You acknowledge that, in an emergency, You must call 911 immediately before N.A.M. and seek any needed emergency care without waiting for N.A.M. response.
6. HEALTH INFORMATION: You acknowledge and understand that N.A.M. maintains a record of your health information, and protects the privacy of your health information as per the terms of the accompanying Notice of Privacy Practices.
7. PREGNANCY: I understand that some nutritional supplements, vitamins, minerals, food grade herbs, and other nutrients may be inappropriate during pregnancy, and I will notify the health practitioner if I am or become pregnant.
8. TERMINATION: This Agreement shall become effective on the first date of Services and shall continue in full force and effect unless and until terminated by Client, Financially Responsible Party, or N.A.M. This Agreement may be terminated by Client at any time and for any reason, or for no reason, by sending a written Services Cancellation Form by email to firstname.lastname@example.org. Upon termination, N.A.M. is no longer responsible for your care. Such notice will be effective on the date actually received. Should You terminate the Agreement after N.A.M. has begun to provide services, You will be responsible for payment for all services rendered by N.A.M. through the date on which services actually terminate. You understand that if your account is overdue, You are responsible for resolving the outstanding balance prior to your Services cancellation. You acknowledge and understand that N.A.M. reserves the right to terminate this Agreement and discharge me as a Client at any time with or without cause, including failure to pay bills and refusal to cooperate. You will be provided with written notice of termination thirty (30) days in advance of the effective date by email. N.A.M. will not terminate this Services Agreement solely on the basis of your health status. Prorated fees for unused, prepaid services, however, will be refunded if I wish to cancel. No refunds will be available for any products and tests purchased. If I want to discontinue care at any time, I understand I must notify Next Advanced Medicine, Inc. in writing.
9. FINANCIAL RESPONSIBILITY: You hereby acknowledge that payment in full for services rendered or other claims is due upon order and arranged by telephone, online, or in-person (Monday-Thursday, 9am-7pm Pacific) in accordance with the price and terms stated there, which are incorporated into this Agreement as if set forth herein. Services may be discontinued on either a temporary or permanent basis if the balance is not paid as provided for herein. Financially Responsible Party understands and agrees that he/she is accepting financial responsibility for this debt and will be required to pay for all services provided by N.A.M. Client and Financially Responsible Party agree to jointly and severally pay any and all costs and expenses incurred by N.A.M. in the collection of this debt, including but not limited to court costs, attorneys’ fees, and costs of appeal.
10. PRICES, TERMS AND CONDITIONS: N.A.M. reserves the right to amend the prices, terms, and conditions of this Agreement subject to advance notice. Subject to applicable laws, rules, and regulations, this Agreement represents the entire agreement of the parties regarding the medical services provided by N.A.M. No other amendments or modifications may be made by either party without notice to and acceptance in writing by both parties.
11. BINDING: This is part of a legally binding contract by and among the Client named below (“Client” or “You”), N.A.M., or any other entity through which services are delivered in connection with N.A.M. In the event that You receive services on more than one occasion and/or at more than one location and/or through more than one of our affiliated entities, this Agreement govern our relationship continuously throughout its term. This Agreement incorporates by reference as if set forth here all other documents that we provide or ask You to complete, including without limitation our Notice of Privacy Practices.
12. GRANT OF LICENSE: Subject to the terms of this Agreement, N.A.M. grants You, and You hereby accept from N.A.M., a limited, nonexclusive, nontransferable license (without a right of sublicense) to access and use the Services and any user documentation related to the Services which is made available to You from time to time by N.A.M., exclusively for your internal use, subject to the following conditions. N.A.M. reserves the right, for any reason, in its sole discretion to modify or discontinue any aspect of the Services.
13. DISCLAIMER OF WARRANTIES: To the maximum extent permitted by applicable law, N.A.M. and its suppliers provide the Services, and any technical advice or support services related thereto, AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of non-infringement, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, with respect to the Services and the provision of or failure to provide technical or other support services.
14. LIMITATION OF LIABILITY: In no event shall N.A.M., its agents, representatives, employees, contractors, and all affiliated entities or personnel be liable for any direct, indirect, consequential, incidental, exemplary, punitive special damages or any damages whatsoever whether arising from breach of warranty, breach of contract, negligence or any other legal theory, whether in tort or contract, even if such party has been apprised of the likelihood of such damages occurring, including without limitation, damages from interruption of business, loss of income or opportunities, loss of use of the Services, loss of data, cost of recreating data or cost of capital. Your sole and exclusive remedy for any harm under this Agreement shall be to cease using the Services. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to certain users. Client shall defend, indemnify and hold harmless N.A.M. and its officers, directors, agents, representatives and employees from and against any claims that arise from or relate to your breach of this Agreement or any other term required as a condition of use of the Services, as well as for claims against a Provider for claims related to care provided.
15. NOTICE OF CHARGES: You are responsible for the payment of the fees described for the Services. Our charges do not include any fees for outside hospital- or other facility-based care, laboratory fees or medication fees. You agree that payment of our Fees is your sole and exclusive responsibility. A late fee of ten percent (10%) per annum will accrue on any unpaid balances delinquent for more than thirty (30) days. Delinquent accounts will be referred for collection. Bank charges on returned checks are the Client’s responsibility in the amount of $50.00.
16. NO GUARANTEES: You acknowledge and agree that the results You receive are not guaranteed and the Services may not work for You given the unique issues presented by each Client and the nature of the heal You will receive. The efficacy of the Services does not relieve You of your obligation to pay.
17. AGREEMENT TO PAY FEES: In exchange for receiving the Services described in this Agreement, You agree to pay us our Fees. You agree to prepay the Fees via cash, check, credit card or any other method as we request and agree. You acknowledge that N.A.M. does not participate in any health insurance plans, does not bill insurance, and N.A.M. fees are not be covered or reimbursable by Medicare or any other insurance.
18. JOINT AND SEVERAL OBLIGATION; INDEPENDENT OBLIGATION. If applicable, the Guarantor is directly, jointly, and severally liable to N.A.M. for the Fees incurred by Client in the course of care, at the rates that we bill and request. The obligations of the Guarantor hereunder are direct and primary and are independent of Client’s obligations, and a separate action may be brought against the Guarantor irrespective of whether an action is brought against Client or any other financially responsible party or whether Client or any such other financially responsible party is joined in such action. The Guarantor’s liability hereunder shall not be contingent upon the exercise or enforcement by Company of any remedies it may have against Client or any other financially responsible party or the enforcement of any lien Company may at any time possess. Any release that may be given by Company to Client or any other financially responsible party shall not release the Guarantor.
19. CREDIT CARD AUTHORIZATIONS: If You pay by credit card, You authorize us to charge the credit card for services rendered in accordance with the terms and conditions of this Agreement. You understand and acknowledge that any charges made to your credit card under this Agreement will constitute a “final sale.” The amount to be charged to the credit card shall be determined in accordance with the payment terms of the Agreement. Notwithstanding any rejection or declination of the credit card for any reason, You agree to be liable and financially responsible for any and all Fees and charges due for the Services. If there is a credit card dispute, we may immediately suspend acceptance of the credit card and demand payment in full of all amounts due in cash, by electronic transfer or by certified check. If there is a limitation on individual transactions, we may divide the total charge into incremental portions in order to process the charge on the credit card.
20. TERM AND TERMINATION OF SERVICES: This Agreement shall have an initial term of one year, and shall thereafter automatically renew for additional terms until terminated. We may terminate our services to You for any reason, at any time, subject to applicable law. Without limiting the foregoing, we may terminate heal services in the following situations: If You were not truthful during your encounter with N.A.M. or about your health condition; or if You breach the terms of this Agreement. The obligations set forth in this Agreement shall survive termination and remain enforceable.
21. CONTACTING US:
20.1 EMERGENCY: If You are experiencing severe pain, distress, or any medical emergency, call
911 and go to the nearest hospital emergency room immediately without delay. Contact N.A.M. only after first seeking emergency care and contacting your primary care provider.
20.2 TELEPHONE: N.A.M. is generally available by telephone Monday through Thursday, 9am to 7pm Pacific. We return messages as promptly as we can, but may be delayed outside of regular business hours, on weekends, and holidays. While N.A.M. does receive email through its website, www.nextadvancedmedicine.com, we encourage clients to contact us by telephone.
22. COOPERATION: You and N.A.M. agree to cooperate on all matters regarding this Agreement, including, without limitation, taking actions as the other party may reasonably request, for the purpose of carrying out the intent of this Agreement.
23. CLIENT RECORDS: We will retain the original signed Agreement in your personal record and provide You with a copy of the signed Agreement at any time upon your request. We are required to keep an archive of your health records as a Client. Our archive is maintained under lock and key, for a minimum of seven (7) years from the date of your discharge. You are entitled to receive a copy of your health record under most circumstances.
24. CONFIDENTIALITY: Information regarding your healthcare, including payment for healthcare, is protected by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 42 U.S.C. § 1320d et seq., 45 C.F.R. Parts 160 & 164. Under this law, we may not disclose any protected information except as permitted by law. The law allows us to share information with your caregivers, to bill and collect, to communicate with financially responsible people including the Guarantor, and for our operations. Please see the Notice of Privacy Practices for more information. We will obtain your consent and written authorization prior to the release of information concerning You except in those circumstances when permitted or required by law to release information. Without limiting any of the foregoing, if payment is made by credit card, You further agree as follows: in the event of any credit card dispute as to any services rendered, our staff or representatives are authorized to submit to the applicable credit card company, this Agreement or any other agreement or documents N.A.M. or its staff deems reasonably necessary to establish that services were rendered and that You agreed to be responsible for payment. We shall submit only minimally necessary portions of your identifying information/records and if further information is required to establish the provision of services, You agree to provide any necessary authorizations in an expeditious manner. Please note that, as a condition of this Agreement, You authorize N.A.M. to record any videoconferencing interactions (for purposes of ensuring compliance and quality improvement). You also agree that the recording by You of any video or audio recording of any encounter is prohibited without written permission from N.A.M. Unless You have otherwise specified in writing to frontdeskfm@nextadvancedmedicine, You authorize N.A.M. to contact You through any modality of communication or contact information provided in the registration.
25. GRIEVANCES: If You feel that You are being mistreated or treated inappropriately and wish to complain, You may do so by submitting a written complaint to the N.A.M. at the address listed above. We will review your complaint and the findings and recommendations will be reported back to You within three (3) business days.
24.1 Amendments. This Agreement shall not be modified or amended except by a written
a document executed by all parties to this Agreement, and such written modifications shall be attached hereto.
24.2 Successors and Assigns. Client may not assign this Agreement or delegate any right or duty hereunder without the prior written consent of N.A.M. Subject to the foregoing, this Agreement shall be binding on and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, estates, successors in interest, legatees, permitted transferees, and assigns.
24.3 Severability. If any provision in this Agreement is found to be invalid or unenforceable by a
court of competent jurisdiction, You agree that the remainder of this Agreement shall remain in full force and shall not be affected by the invalid or unenforceable provision. No provision in this Agreement shall be deemed dependent on any other provision unless expressly stated in this Agreement.
24.4 Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of Services if served personally on the party to whom notice is to be given, or within four (4) days after mailing, if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed to N.A.M. at the address set forth above or Client at his or her address as set forth above, or any other address that any party may designate by written notice to the others.
24.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law or choice of law provisions or decisions.
24.6 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
24.7 Integration. This Agreement, and all attachments, exhibits, and other agreements referenced herein or contemplated hereby constitute the entire agreement between the parties hereto pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties, and there are no warranties, represen¬tations or other agreements between the parties in connection with the subject matter hereof, except as specifi¬cally set forth herein.
24.8 Waiver. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision hereof, whether or not similar, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
24.9 Force Majeure. N.A.M. shall not be liable for any injury, damage, claim, loss, or failure in performance under this Agreement resulting, directly or indirectly, from activities beyond N.A.M.’s control, including without limitation acts of God, accidents, fires, explosions, earthquakes, floods, failure of transportation, equipment, or supplies, vandalism, strikes, infectious diseases, or other similar causes beyond control.
THIS AGREEMENT IS INCORPORATED AND PART OF THE SERVICES AGREEMENT BETWEEN N.A.M. AND CLIENT. IN SIGNING THE SERVICES AGREEMENT, YOU CERTIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE ABOVE TERMS AND CONDITIONS SET FORTH ABOVE.