Program Terms & Conditions Agreement
(Telehealth Services – 12-Week Clinical Program)
This Program Terms & Conditions & Financial Agreement (“Agreement”) is entered into by and between OptiME Health (“OptiME,” “we,” “us,” or “our”) and the undersigned participant (“Patient,” “you,” or “your”).
By enrolling in an OptiME Health program, submitting payment, or accessing any services, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.
1. Scope, Nature, and Limitations of Services
1.1 Clinical Telehealth Services. OptiME provides provider-led telehealth clinical services focused on women’s health optimization, which may include (as clinically appropriate and within the treating clinician’s scope and licensure): medical history review, telehealth evaluation, ordering/reviewing labs, interpretation, care planning, medication management (if prescribed), and clinical monitoring.
1.2 Coaching/Education. OptiME may also provide non-medical services such as coaching, education, and accountability support. Coaching is not medical diagnosis or treatment and is not a substitute for medical advice from a licensed clinician.
1.3 No Emergency Care / Not a Replacement for Primary Care. OptiME does not provide emergency services. If you have an emergency (e.g., chest pain, shortness of breath, severe allergic reaction, suicidal thoughts, severe abdominal pain, stroke symptoms), call 911 or go to the nearest emergency room. OptiME services do not replace your relationship with a primary care clinician/OB-GYN or other specialists. You are encouraged to maintain routine preventive care and follow-up with your local clinicians.
1.4 Clinical Judgment. All medical decisions are based on clinician judgment, available information, and standard of care. Not all services are appropriate for all patients.
OptiME programs are medical services, not educational courses, fitness programs, or guarantees of results.
2. Telehealth Consent, Location, and Technology
2.1 Telehealth Consent. You consent to receiving services via telehealth. Telehealth may involve limitations/risks (e.g., technology failures, incomplete information compared to in-person examination). You agree to cooperate with reasonable requests to improve telehealth quality (e.g., adequate lighting, camera positioning, stable connection).
2.2 Patient Location Requirement. You understand that telehealth is generally considered provided at your physical location, and clinicians typically must be licensed in the state where you are located at the time of the visit.
You agree to:
- Provide your current physical location at the start of each visit; and
- Not attend visits from a state where the treating clinician is not licensed/authorized to practice.
If you are not located in an eligible state, OptiME may reschedule, decline, or terminate services.
2.3 Technology & Privacy. Telehealth and patient portals can create privacy/security risks. You are responsible for using private, secure networks/devices when possible and understanding that no system is 100% secure
3. Patient Responsibilities and Accurate Disclosures
You agree to:
- Provide complete, accurate medical history, medications (including supplements/peptides obtained elsewhere), allergies, and symptoms.
- Notify OptiME promptly about new diagnoses, pregnancy, hospitalizations, ER visits, or medication changes.
- Follow agreed monitoring plans (e.g., labs, vitals, check-ins) and communicate adverse effects promptly.
- Use medications only as directed and not share medications.
Failure to provide accurate information or follow safety guidance may increase risk and may be grounds for termination under Section 13.
4. Program Term, Minimum Commitment, and Scheduling
4.1 Minimum Commitment. Enrollment includes a minimum commitment of twelve (12) weeks (“Program Term”). Enrollment is a commitment to the full Program Term regardless of whether you choose installment payments or pay-in-full.
4.2 Appointments. You are responsible for attending scheduled visits and responding to required check-ins. OptiME may require rescheduling if clinical safety or licensure requirements are not met.
4.3 Missed Appointments / Late Arrivals. Add your policy here:
- Late arrivals of [_10_] minutes may be shortened or rescheduled at OptiME’s discretion.
- Missed appointments may be forfeited or may incur a rescheduling fee of [_$99_], unless prohibited by applicable law.
5. Fees, Payment Authorization, and Collections
5.1 Fees. Program pricing is disclosed at checkout/enrollment and incorporated by reference (“Program Fees”). You agree to pay all Program Fees and any applicable taxes.
5.2 Payment Options.
- Installment Plan: Three (3) consecutive monthly payments as a convenience only; not month-to-month.
- Pay-in-Full: One upfront payment covering the full Program Term.
5.3 Authorization to Charge. You authorize OptiME (and its payment processor) to charge the payment method on file for:
- Program Fees (including all installments)
- Any approved add-ons you purchase
- Any allowable rescheduling/no-show fees (if applicable)
5.4 Chargebacks/Payment Disputes. You agree to contact OptiME first to attempt resolution before initiating a chargeback. Initiating a chargeback does not cancel your obligation to pay amounts owed for services rendered. OptiME may suspend services during an unresolved dispute.
5.5 Collections & Costs. For any unpaid balance, OptiME may use lawful collection methods. You agree to pay reasonable costs of collection, including administrative costs and attorneys’ fees where permitted by law.
6. Third-Party Costs: Labs, Pharmacies, Supplements, Devices
6.1 Separate Billing. Labs, imaging, pharmacy/medication costs, compounding, shipping, devices (e.g., CGMs), and third-party services may be billed separately by third parties and are not included unless explicitly stated in writing.
6.2 Pharmacy Selection / Availability. Medication availability, pricing, shipping timelines, and pharmacy policies are outside OptiME’s control. OptiME is not responsible for third-party delays, shortages, or pricing changes.
6.3 No Warranty for Third Parties. OptiME does not warrant third-party products/services. Disputes regarding third-party charges must be addressed with that vendor unless caused by OptiME’s error.
7. Medical Eligibility and Clinical Changes
7.1 Eligibility. You may be determined ineligible for certain medications, therapies, or program components based on medical history, labs, contraindications, or safety concerns.
7.2 Treatment Adjustments. You understand that recommendations may change during the Program Term due to labs, symptoms, adverse effects, or evolving clinical judgment. Program Fees are for access to care and reserved clinical capacity—not for a guaranteed specific protocol or medication.
8. Adverse Effects, Safety, and “Not for Emergencies”
8.1 Risks. All medical interventions (including supplements and medications) can have risks and side effects. You agree to promptly report adverse effects and seek urgent/emergency care when indicated.
8.2 Messaging Limits. Portal/SMS/email are not monitored continuously and are not for emergencies.
9. No Guarantee of Results
OptiME provides evidence-based care and structured support; however, no specific medical, weight-loss, or health outcome is guaranteed.
Results depend on multiple factors including adherence, medical history, biological variability, and lifestyle factors beyond OptiME’s control.
10. Refund Policy
10.1 Non-Refundable After Initiation. Due to the personalized clinical nature of services and reserved clinical capacity, all payments are non-refundable once services are initiated.
10.2 When Services Are “Initiated.” Services are initiated when any of the following occurs (whichever is earliest):
- Intake/history review begins
- Any clinical visit occurs
- Labs are ordered, reviewed, or interpreted
- A care plan/protocol is created/delivered
- Portal/program access is granted
- Medication is prescribed or coordinated
10.3 Pre-Initiation Ineligibility. If you are deemed medically ineligible before initiation, OptiME may, in its discretion, refund only amounts paid minus any non-recoverable administrative/processing fees and any third-party costs already incurred (e.g., labs). No refunds are guaranteed.
11. Cancellation, Early Discontinuation, and Program Completion
11.1 Stopping Future Billing. You may request cancellation of future billing by written notice before the next billing date. This stops future charges only; amounts already charged remain non-refundable.
11.2 Financial Responsibility Remains. Early discontinuation, non-participation, dissatisfaction, perceived lack of results, schedule conflicts, or medication intolerance do not remove your obligation to pay the full Program Fees for the Program Term once initiated.
11.3 Medical Stop for Safety. If OptiME determines discontinuation is medically necessary, OptiME may adjust your care plan or discontinue certain therapies. This does not create a right to a refund unless required by law.
12. Intellectual Property and Materials
All OptiME materials (handouts, booklets, protocols, videos, worksheets) are owned by OptiME and provided for your personal use only. No copying, sharing, resale, or redistribution.
13. Right to Refuse, Suspend, or Terminate Services
OptiME may refuse, suspend, or terminate services if you:
- Provide false information or withhold material medical details
- Engage in abusive, harassing, threatening, or inappropriate conduct
- Seek controlled substances improperly, diversion, or misuse
- Repeatedly miss visits/check-ins or refuse safety monitoring
- Violate this Agreement or pose a safety risk
Termination does not entitle you to a refund of amounts paid and does not remove financial obligations accrued/committed.
14. Limitation of Liability
14.1 Non-Clinical Limitations. To the maximum extent permitted by law, OptiME is not liable for indirect, incidental, special, consequential, or punitive damages arising from use of platforms, scheduling systems, communications technology, shipping, third-party vendors, or delays outside OptiME’s control.
14.2 No Waiver of Non-Waivable Rights. Nothing in this Agreement limits liability for matters that cannot be limited under applicable law (including, where applicable, professional negligence, gross negligence, willful misconduct, or statutory duties).
15. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless OptiME from claims arising from: (a) your breach of this Agreement, (b) your misuse of medications, (c) your sharing of medications, (d) false/incomplete information provided by you, or (e) your violation of laws/regulations.
16. Privacy, Communications, and Consent
16.1 HIPAA / Privacy Practices. OptiME maintains privacy practices consistent with HIPAA and applicable laws. Telehealth technologies can create privacy risks; use reasonable precautions.
16.2 SMS/Email Consent. If you elect to communicate via SMS/email, you acknowledge risks of unauthorized access and consent to such communication. You may revoke consent at any time in writing.
17. Dispute Resolution, Venue, and Governing Law
17.1 Good-Faith Resolution First. You agree to contact OptiME to attempt a good-faith resolution before formal legal action.
17.2 Governing Law. This Agreement is governed by the laws of the State of Florida, without regard to conflicts principles.
17.3 Venue. Exclusive venue for disputes shall be Pinellas County, Florida unless prohibited by law.
18. Force Majeure
OptiME is not responsible for delays or failure to perform due to events beyond reasonable control (e.g., natural disasters, platform outages, supply shortages, pandemics, carrier delays).
19. Severability, Assignment, Entire Agreement
If any provision is invalid, the rest remains enforceable. OptiME may assign this Agreement to a successor entity. This Agreement is the entire agreement regarding program terms and supersedes prior discussions.
20. Acknowledgments
By enrolling, paying, signing, or checking the acknowledgment box, you confirm:
- You understand OptiME is not emergency care and does not replace your primary care.
- You consent to telehealth, including its limitations and privacy/security risks.
- You understand clinicians must generally be licensed where you are located during visits and will provide your location each visit.
- You agree to the 12-week commitment, payment authorization, and non-refund policy after initiation.
