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RVL SKINCARE, Membership Agreement

This RVL SKINCARE, Concierge Membership Agreement (this “Agreement”) is entered into as of by and between RVL SKINCARE, P.C. and Skin NY Dermatology, PLLC DBA RVL Skincare (collectively referred to as “RVL”) and the person signing the Agreement (“Member” or “You”).

1. Concierge Membership Fee. Due to the fact that RVL is limiting the number of patients, You understand that RVL is charging an Annual Membership Fee for each Membership Term (defined below). You will pay a Membership Fee in the amount of {amount_text} Dollars (${amount}) to RVL for the Membership Services (described in Section 2 below), which RVL reserves the right to change on an annual basis. Your first Membership Fee shall be due upon signing and then annually prior to or on the first date of Your  Renewal Membership Term (defined below). You understand that You cannot submit an invoice for the Membership Fee to Your insurer. You also understand that the Membership is not an insurance plan and is not intended as a substitute for health insurance. While a Member, You will be entitled to receive the Membership Services (defined below). RVL may modify the scope of the Membership Services by notifying You of the change no less than fifteen (15) days prior to the end of the Membership Term (defined below). The change will go into effect for the 12-month period following the Membership Term.

2. Membership Services. The Membership Services each Membership Term  include the following:
a. Hour-long appointments scheduled quarterly.

b. Ability to communicate with Dr. Linkner via email or text at any time, and receive a response from Dr. Linkner within one (1) business day.

c. For urgent medical dermatology issues, access to a virtual visit within two (2) business days of request.

d. 10% off all products sold on RVLskincare.com.

3. Membership Term. The initial membership term shall commence on the Effective Date and continue for 12 months (“Initial Membership Term”); all subsequent membership terms shall renew on the first date of the month of the month of the Effective Date (“Renewal Membership Term”) (the Initial Membership Term and any and all Renewal Membership Terms shall be referred to herein as the “Membership Term”). For example, if You signed this Agreement on April 15, 2024, April 15, 2024 would be the effective date of the agreement and Your  initial membership term will be April 15, 2024 until March 31, 2024; Your  next membership term and every membership term thereafter shall commence on April 1st and end on March 31st. RVL has no obligation to renew Your membership and can offer to renew it at RVL’s sole discretion.

4. Termination of Membership by RVL.

a. RVL may terminate Your  membership for cause at any time on fifteen (15) days’ notice if You (A) fail to pay the Membership Fee when due (either on the Effective Date or each first day of the Renewal Membership Term), (B) fail to pay for Your  medical or cosmetic services at the time of the services or pay any other fees owed to RVL, (C) violate any term of this Agreement, (D) engage in any abusive, threatening, harassing or inappropriate conduct with respect to the staff or other patients of RVL, or  (E) repeatedly miss or late cancel appointments. In the event of termination for cause of this Agreement for any of the foregoing reasons, You will not be refunded any portion of the Annual Membership Fee for the remaining period during which Your  membership would have otherwise been in effect.

b. RVL may terminate Your  membership at any time on thirty (30) days’ notice in the event RVL ceases operations or stops offering a membership for RVL services or needs to further limit the number of patients in her practice.

c. You may terminate Your  membership at any time; however, the Annual Membership Fee shall not be refunded.

5. Fee-for-Service Billing. RVL does not accept any insurance and provides services only on a self-pay, fee-for service basis. RVL will bill You on a fee-for-service basis for cosmetic and medical services in accordance with RVL’s fee schedule, which is available upon request; the 2024 fee schedule is attached to this Agreement. RVL reserves the right to modify its fee schedule at any time by providing notice to You of any increase prior to a scheduled appointment where such fees would be in effect. You must pay for Your services prior to, at Your appointment, or within two business days of receiving Your emailed invoice.

6. Credit Card Processing Fee. If You choose to pay the Membership Fee, a late cancellation fee or for any services using a credit card, unless prohibited by law, You agree to pay an additional 3% of the total charge to cover the credit card processing fee charged to RVL for processing a credit card. If you prefer not to pay the additional 3%, you may pay with cash, check, or Zelle.

7. Late Cancel; No Show. You must cancel your appointment by 7 a.m. three (3) calendar days prior to your appointment. For example, if Your appointment is at 10 a.m. Tuesday, You must cancel on or before Saturday at 7 a.m. to avoid a late cancellation fee. If You cancel an appointment, after 7 a.m. three (3) calendar days before your appointment, You will be charged $350, which will be automatically invoiced to You and must be paid within seven (7) days. You will not be permitted to schedule another appointment if You do not pay the late fee; if you do schedule an appointment prior to paying the late fee, RVL shall cancel that appointment.

8. Consent to Treatment. You hereby consent to receive medical treatment at RVL, in Your  home or by telehealth, as deemed necessary and appropriate by Dr. Linkner and other RVL professional staff. You may withdraw Your  consent at any time  by ceasing to seek health care services from RVL and non-renewing this Membership Agreement. You will be asked to execute additional procedural specific consents at the time of service.

9. Telehealth. You understand that RVL may provide clinical services via telehealth. Telehealth is a means used for remote communication and exchange of information, particularly for delivering health care services via an electronic medium such as the internet with facilities for audio and video communication. You understand the laws that protect the privacy and confidentiality of medical information apply in telehealth. However, through telehealth, RVL cannot control Your  home environment. You understand You may withhold or withdraw Your  consent to receive telehealth services. Your decision to withhold or withdraw consent will not affect Your  relationship with RVL or Dr. Linkner, or Your  right to future care or treatment. You understand that State laws require You to be within the state of New York, Florida, Colorado or Connecticut when You receive telehealth services.

10. Medical Emergencies. None of RVL’s services are designed to substitute for the services offered by hospital emergency departments. If You have a medical emergency that You believe may immediately affect Your  health, You should immediately call 911 or go to an emergency room at a local hospital.

11. Electronic Communications. You hereby authorize RVL to communicate with You about Your  Membership Services and the services provided to You under this Agreement by RVL through electronic mail and text message. You understand and agree that such communications may include Your  protected health information (“PHI”), as such term is defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). RVL will use the email address and/or mobile phone number You provide to us in RVL portal or otherwise provided. You understand that email and text messaging may not be a secure medium for sending or receiving PHI, and that although RVL will make reasonable efforts to keep these communications confidential and secure, RVL cannot guarantee the confidentiality or security of the communications. You also acknowledge that email and text messaging are not an appropriate means of communication regarding emergency or other time-sensitive issues or for inquiries regarding sensitive information. RVL may use email or text messages to, among other things, remind You about appointments, respond to Your  text, follow-up with You after an appointment, and provide information regarding new products or services offered by RVL.

12. Limitation of Liability. In no event shall RVL or any of its affiliates, employees or agents be liable to You for, nor shall the measure of damages include, any indirect, consequential, special, incidental, punitive or other exemplary losses or damages (including those relating to lost profits, loss of data, loss of goodwill, service interruption, computer damage or computer failure, the cost of substitute products or services, bodily injury or death) arising out of or relating to this Agreement, Your  membership in RVL or Your  use and access to (or inability to use and access) the Membership Services, even if such damages are foreseeable or if You are advised in advance of the foregoing, and whether based on contract, warranty, product liability, tort or other legal theory. Notwithstanding anything to the contrary contained herein, the aggregate liability of RVL to You arising from this Agreement, Your  membership in RVL or Your  use and access to the Membership Services (other than the provision of health care services subject to medical malpractice laws) shall at all times be limited to the Membership Fee payable by You in the Membership Term then in effect.

13. Use of Portal. As part of Your  membership, You will be given access to RVL’s patient portal (the “Portal”). The Portal requires You to register by providing a username/email address and password (“User ID”). These are Your  credentials for accessing the Portal. You are responsible for protecting Your  User ID. You agree to immediately inform us, if Your  User ID or other activation codes You use with the Portal are compromised, meaning someone may have access to or have used Your  User ID without Your  permission. All rights, title, and interest in and to the Portal, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein, shall remain with RVL and our licensors and vendors, and no ownership interest is transferred to You or any other entity by virtue of making the Portal available to You. You agree not to: (a) misrepresent Your  identity or provide us with any false information in any information-collection portion of Portal; (b) introduce viruses or programs that interrupt, destroy, or otherwise attempt to limit the functionality or disrupt the use of the Portal; (c) attempt to disassemble or reverse engineer any of the software used to provide the Portal; (d) use the Portal or any of its content, or any portion thereof, for any commercial purpose or for the benefit of any third party; or (e) post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity. RVL may terminate Your  access to the Portal at any time.

14. Additional Terms and Conditions. This Agreement will be governed by the laws of the State of New York, without regard to its conflict of laws’ provisions. Neither this Agreement nor any rights hereunder shall be assignable or otherwise transferable by You in whole or in part, by operation of law or otherwise, without prior written consent of RVL. Any purported assignment without such prior written consent shall be void and of no effect. The RVL may assign or transfer this Agreement, in its sole discretion, without Your  prior written consent or without notice to You. All of the terms, provisions, covenants, conditions and obligations of this Agreement shall be binding on and inure to the benefit of the permitted successors and assigns of the parties hereto and thereto. Any notices required or permitted to be given under this Agreement shall be in writing and given by RVL via e-mail to the e-mail address provided by You to RVL, in which event such notice shall be deemed given or effective when sent by RVL.

15. Miscellaneous. This Agreement constitutes the entire agreement between the You and RVL with respect to Your  membership in RVL or Your use and access to the Membership Services, and supersedes any and all prior agreements, either oral or written, between You and RVL with respect thereto. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable by any court of competent jurisdiction, the remaining provisions hereof shall not be affected thereby. The waiver by RVL of a breach or violation of any provision of this Agreement will not be deemed a waiver of any subsequent breach of the same or a different provision. This Agreement shall be signed electronically by You.