Note to Member: The Six Kind Membership described herein is
NOT A HEALTH INSURANCE PLAN OR POLICY
Note to Member: The services offered by Six Kind and its medical provider affiliates
ARE NOT A SUBSTITUTE FOR EMERGENCY OR TRAUMA-RELATED MEDICAL CARE
(IF YOU EXPERIENCE A LIFE-THREATENING EVENT, IMMEDIATELY CALL 911)
Dear Six Kind Member:
Congratulations on joining Six Kind. We are pleased to have you as a member and to offer you all the perks and benefits of membership (your “Membership”). This Membership agreement (this “Agreement”) is a legal agreement between you (an individual and/or family) and Six Kind, a Delaware corporation (“Six Kind” or the “Company”). PLEASE MAKE SURE YOU READ CAREFULLY AND FULLY UNDERSTAND THIS DOCUMENT, ESPECIALLY THE CONDITIONS, EXCLUSIONS AND LIMITATIONS CONTAINED HEREIN. This Agreement, as may be amended from time to time by Six Kind in its sole discretion, and the terms and provisions hereof, govern all aspects of your Membership. By your signature below (or electronic signature if online), you agree unconditionally to the terms of this Agreement, and if Immediate Family Members (as defined herein below) are included in your Membership, your signature (and their acceptance of services) constitutes the same agreement by all such Immediate Family Members, whether adult or minor, as if their own signatures were made by hand herein (and references herein to “Member” shall be deemed inclusive of all of them).
1. Your Membership. Please indicate by an “x” in the space provided below which tier of Membership you are purchasing. Your Membership includes at your option your immediate family members (i.e. your spouse, children and/or parents so long as said individuals are residing with you in your primary residence) (herein “Immediate Family Members”). Also list in legible handwriting your name as a Member and the names (if any) of any Immediate Family Members to whom your Membership will apply. The benefits, options, prices and other information relating to your particular level of membership will be described in full in separate documents provided to you by Six Kind (your “Other Membership Documentation”), and further information may always be obtained at the Six Kind web site and via the Member services support line (each as set forth in your Other Membership Documentation). The Member may amend this Membership list from time to time by written notice to Six Kind (and additional costs may apply).
Premiere Membership: Premiere Plus Membership: Travel Membership: X
Name of Member signing this Agreement:
Name(s) of other family/student members (if any):
2. Certain Information.
Six Kind has a network of independent physicians and other medical professionals who provide house calls at homes, offices, hotels and other agreed upon locations. A physician or other appropriate medical professional will meet with, consult and/or perform services for you as a Member. The medical professionals may also refer you to other medical providers or facilities. Six Kind does not itself provide any medical services, but rather facilitates the provision of those services to Members by an appropriate medical professional at a location convenient for the Members. All health care decisions are personal and decided between the patient and the relevant medical professional. Your Membership is not insurance of any kind and involves no element of risk-shifting.
Medical practitioners who are part of our network have represented to Six Kind that they are licensed to the extent necessary to act in their medical field in the location where such services will be provided. However, each medical professional acts independently with respect to diagnosis and treatments and is solely responsible therefor. Six Kind is not a licensed medical provider and does not supervise or otherwise participate in the provision of medical services. No representative of Six Kind will be present at the time the medical services are rendered, and you the Member acknowledge and agree that Six Kind is not responsible for any diagnosis, decisions, treatments provided, prescribed or withheld or any medications prescribed or administered by any medical professional. Without limitation of any of the other provisions contained in this Agreement, you the Member(s) agree to hold harmless Six Kind from any and all claims that may arise out of or in any way relate to any services provided for you by any medical professional.
Six Kind is not an emergency care provider, nor a substitute for emergency or urgent care. If there is any indication that an emergency or urgent medical situation exists or may arise, you should immediately contact 911 or other appropriate means for emergency medical care.
Six Kind is not privy to any information you the Member(s) may provide to the medical professionals. Any medical information furnished by you the client shall be and remain in such professional’s sole possession and knowledge (except as may be shared by the professional with your other physicians or medical professionals), in accordance with applicable professional standards, laws, and regulations. Without limitation of any of the other provisions contained in this Agreement, you the Member(s) agree that Six Kind shall have no liability (and you the Member(s) acknowledge and agree to hold harmless Six Kind) in the event such information is disclosed or otherwise misused, whether inadvertently or intentionally.
Six Kind endeavors to insure that the medical providers will provide prompt and timely services, but each medical professional is an individual and operates according to his or her own methods of operation. Six Kind is not responsible for (and you the Member(s) acknowledge and agree to hold harmless Six Kind for) any disruptions in service, any actions of any medical professional, and any other action or occurrence outside the control of Six Kind.
Six Kind reserves the right to change its list of affiliated medical professionals, service providers, vendors, menu of services, and/or any other aspect of its affiliates or services, at any time, or from time to time, upon notice in writing to you (e-mail valid). If you do not agree with any such changes your sole remedy is to discontinue your Membership.
3. Membership Fee; Costs. In consideration of your Membership and this Agreement, and of the mutual promises contained herein, Member agrees to pay an annual membership fee, billed automatically on a quarterly cycle, as set forth more particularly in your Other Membership Documentation (“Membership Fee”). In addition to the Membership Fee, you acknowledge and agree that certain medical services provided by the medical providers may bear other costs (“Menu Costs”), and you agree to pay such Menu Costs if and when such services are provided, all as set forth more specifically in your Other Membership Documentation. Six Kind reserves the right to amend the Membership Fee and/or Menu Costs at any time, or from time to time, upon notice in writing to you (e-mail valid). If you do not agree with any price increase your sole remedy is to discontinue your Membership.
4. Discontinuation; Termination. You acknowledge and agree that your Membership may be accepted or rejected in the sole discretion of the Company, and if accepted subsequently discontinued in the sole discretion of Company, all with no further obligation on the part of the Company. You further acknowledge and agree that your Membership is subject to automatic renewal as more specifically set forth in your Other Membership Documents, and that termination of your Membership by you may only be carried out by following the membership termination procedures set forth therein (and/or on the Company’ web site). Furthermore, you acknowledge and agree that if the termination of your Membership is not carried out prior to the quarterly billing cycle of Membership Fees for the next renewal period of your Membership, then the termination of your Membership shall not be effective until the end of the next renewal period (and your access to Membership benefits will remain intact throughout).
5. Payment and Membership Records. Company will maintain such records as reasonably required to accurately account for all Member and/or any matters necessary for the proper administration of your Membership. Such records will be kept in accordance with applicable law.
6. Medical Records; HIPAA Compliance. Company is not a medical provider and will not have access to any of your medical records. Your medical records (if any) will be maintained by the relevant medical provider pursuant to applicable law.
Company has in place agreements with all its medical providers whereby such provider agrees to comply with the applicable provisions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § 1320d through d-8 (“HIPAA”), and the requirements of any regulations promulgated thereunder including, without limitation, the federal privacy regulations as contained in 45 CFR Part 164 (the “Federal Privacy Regulations”) and the federal security standards as contained in 45 CFR Part 142 (the “Federal Security Regulations”). Medical providers will not use or further disclose any of your protected health information, as defined in 45 CFR 164.504, or individually identifiable health information, as defined in 42 U.S.C. § 1320d (collectively, the “Protected Health Information”), concerning you other than as permitted by the requirements of HIPAA or regulations promulgated under HIPAA including, without limitation, the Federal Privacy Regulations and the Federal Security Regulations. Medical Providers will implement appropriate safeguards to prevent the use or disclosure of a patient’s Protected Health Information other than as permitted by HIPAA regulations.
Notwithstanding the foregoing, you acknowledge and agree that: (i) Company makes no warranty or representation regarding compliance by medical providers with HIPAA or the HIPAA regulation; (ii) the medical provider is solely responsible for all decisions regarding the safeguarding of your Protected Health Information; and (iii) Company shall have no responsibility for, nor bear any liability for, any violation of the foregoing by any medical provider, and you shall forever save and hold harmless Company from any and all claims, liability or damages relating thereto.
7. Medical Provider Qualifications and Licenses. It is the intent of Company that medical practitioners who are part of the Six Kind network are licensed to the extent necessary to act in their medical field in the location where such services will be provided. Medical Providers shall have provided Company with copies of all relevant professional licenses, a statement of (his/her) education and work history, a physician’s statement verifying that he/she is free of TB and is in good health, and any other documents or items requested by Company that in the opinion of Company that are necessary for the credentialing of the medical provider. Upon written request by you, Company shall provide to you copies of such documentation.
Notwithstanding the foregoing, you acknowledge and agree that: (i) Company makes no warranty or representation regarding the adequate maintenance by medical providers of their relevant licensure; (ii) the medical provider is solely responsible for licensure; and (iii) Company shall have no responsibility for, nor bear any liability for, any licensure failures or omissions of medical provider, and you shall forever save and hold harmless Company from any and all claims, liability or damages relating thereto.
8. Amendment and Assignment. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective legal representatives, successors and assigns. This Agreement may be amended from time to time by Company in its sole discretion. Company reserves the right to unilaterally amend, update and change the provisions of this Agreement at any time, or from time to time, after reasonable notice in writing to its Member of its intent to do so. Thereafter, Member’s continued use and participation of the Membership will be deemed approval of any such changes. If you do not agree with any price increase or other proposed amendment to this Agreement your sole remedy is to discontinue the Membership. Company will provide Member with a written notice, either electronically or in hard copy of any amendment to this Agreement. Unless otherwise provided in this Agreement, the parties do not intend to confer and this Agreement shall not be construed to confer any rights or benefits to any person, firm, physician, corporation or entity other than the parties. Member may not assign any rights or duties pursuant to this agreement, without the prior written consent of Company. Company shall have the right or power to assign any rights or duties pursuant to this Agreement, without the consent of the Member. No future waiver of or exception to any of the terms, conditions and provisions of this Agreement shall be considered valid, unless specifically agreed to in writing.
9. No Warranty. Notwithstanding anything to the contrary contained in this agreement: COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS AND EMPLOYEES PROVIDE THEIR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMPANY AND ITS AFFILIATES, SUBSIDIARIES, AND EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability. Notwithstanding anything to the contrary contained in this Agreement: TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE IN ANY MANNER FOR ANY CLAIM OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY’S SERVICES, COMPANY’S WEB SITE, COMPANY’S CALL CENTER, YOUR MEMBERSHIP, THE PROVISION OF SERVICES BY COMPANY’S AFFILIATED PROVIDERS, OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.
11. Indemnification. Notwithstanding anything to the contrary contained in this Agreement, Member on behalf of Member and any and all affiliated third parties agrees to indemnify and hold harmless Company, its subsidiaries, affiliates, officers, directors and employees from any and all claims or liability relating in any way to Member’s Membership, this Agreement, the provision of services by Company, Company’s web site, Company’s call center, and any and all liability arising out of any injury, loss, claims, or damages arising from the performance by any provider of any medical or other services (or acts or omissions related thereto), including but not limited to any and all malpractice claims.
12. Force Majeure. In the event that the Company is unable to perform any of its obligations under this Agreement or Member is unable to enjoy Membership benefits because of conditions beyond Company’s control, including but not limited to Acts of God, natural disaster, governmental restrictions or decrees of government bodies, continuing domestic or international problems such as war or insurrections, strikes, fires, floods, work stoppages, embargoes, lack of materials or communication line failure not the fault of the Company (“Force Majeure”), then Company shall use commercially reasonable efforts to immediately give notice to Member and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended until such Force Majeure is resolved.
13. Company Property. All documentation and intellectual property of Company, including the web site and its contents, are the exclusive property of Company and are protected under both foreign and domestic trademark and copyright laws. Protected contents include but are not limited to such items as text, logos, images, icons, software and other materials. Unauthorized use of protected content will subject you to prosecution. You may create a bookmark to the web site; however, you may not create a free-standing link to the web site without the prior written approval of Company. This Agreement does not grant to you any rights whatsoever in Company’s property. You may not copy, create or derivate works or compilations of, rent, sublicense, lease, sell, loan or otherwise transfer to any third party any of Company’s property.
14. Integration. This Agreement, any attachments/exhibits and the Other Membership Documentation contain and represent the entire understanding and agreement of the parties with respect to its subject matter, superseding, canceling and voiding all prior agreements, understandings, negotiations, warranties, commitments and representations in such regard.
15. Governing Law. This Agreement shall be governed in all respects, including without limitation, validity, interpretation, effect, performance and enforcement, by the laws of the Delaware (without application of any principles of conflicts or choice of law that may otherwise be applicable)
16. Severability. The parties agree that if any portion or clause of this Agreement is found to be invalid, illegal, void, voidable or unenforceable for any reason, such portion or clause shall be interpreted as if drafted to the extent enforceable under applicable law, and if such portion or clause is not enforceable to any extent then this Agreement shall be read as if it did not contain that portion or clause. The Parties intend for any such portion or clause to be severable from the remainder and that such clause or portion and its severance shall not affect the validity or effect of the remaining provisions of this Agreement.
17. Dispute Resolution. Any controversy or claim (whether such claim sounds in contract, tort or otherwise) arising out of or relating to this Agreement or the Membership shall be settled by binding arbitration in accordance with laws of the Sate of Delaware and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be selected from JAMS and the arbitration shall be conducted in accordance with JAMS’ current rules for streamlined arbitration. Notwithstanding any other provision of this Agreement, in the case of a dispute involving a claim for equitable relief, a court with equitable jurisdiction may grant temporary restraining orders and preliminary injunctions to preserve the status quo existing before the events which are the subject of the dispute. Any final equitable or other relief shall be ordered in the arbitration proceeding. Each party shall pay an equal share of the fees and expenses of any arbitrator and any administrative fees of JAMS. Each party shall the fees of expenses of its own attorney(s) and witnesses.
18. Cooperation.Each Party agrees that at any time and from time to time, upon the request of the other Party, to do, execute, acknowledge, and deliver, or cause to be done, executed, acknowledged, and delivered, all such further acts, documents, and instruments as may be required to effect any of the transactions contemplated by this Agreement.