1. During the term of this Agreement: GHM will provide the Member(s) with access to primary health care services; the fees for
such office visits and any Medical Services provided during such office visits will be at the rates set forth in the Fee Schedule.
2. Member must present their Perfect 10 Membership Card at the time of an office visit. Member will not have access to
discounted rates as set forth in the Fee Schedule without first presenting their Perfect 10 Membership Card.
3. An "office visit" is comprised of an evaluation by a trained medical professional. Guarantor understands that it will provide
all Medical Services in accordance with sound medical judgment in accordance with evidence-based medicine, based on
the health care provider's sole discretion; that participation in the Plan in no way guarantees that any form of medication,
treatment, referral, diagnostic study, doctor's excuse, or any other request made by the patient will be granted; and that
requests for refunds or termination of the Plan, for any reason, will be denied.
4. All fees for office visits and Medical Services are due at the time of service. GHM will not bill any third-party payer for discounted
Medical Services provided to the Member(s); Guarantor is solely responsible for payment of all fees for all office visits and Medical
Services provided to the Member(s).
5. During the term of this Agreement, Guarantor hereby authorizes GHM to automatically charge the applicable Membership fee(s)
for the Member(s)' participation in the Plan to the Guarantor's credit card on a monthly basis. Additional amounts such as office
visit fees, fees for Medical Services provided, overdue balances, and any other fees or expenses will be charged as they are
incurred. Guarantor understands and agrees that this authorization is non-revocable and will survive the termination of this Agreement, and all charges pursuant to this Agreement are non-refundable, non-revocable and non-contestable. Guarantor will, from time to time and at such time as may be required, take such further actions and execute such further documents as may be
reasonably required by GHM to effect the provisions of the Plan.
6. This Agreement will commence as of the Effective Date set forth below and will continue for 1 year. Upon the expiration of the
initial term, or any subsequent term, this Agreement will continue for additional 1 year terms, unless GHM receives written notice
of non-renewal from Guarantor not less than 90 days prior to the expiration of the then-current term. The terms and conditions of
this Agreement will continue to govern and control Guarantor's obligations under this Agreement and the Member(s)' participation
in the Plan during the entire continued term. Each 1-year period under this Agreement constitutes a "contract year" for purposes
of this Agreement. Guarantor may submit a written request for early termination of the Plan. Granting an early cancellation will
be at the sole discretion of GHM and will require annual membership fees to be paid in full.
7. GHM may terminate this Agreement, or the participation of any Member(s) in the Plan, at any time for any of the following
reasons: charges to Guarantor's credit card are denied, for any reason; Guarantor breaches any of the terms and conditions in
this Agreement; GHM discontinues the Plan; any Member(s) engages in disruptive behavior, as determined by GHM in its sole and
absolute discretion; for any other reason, upon providing written notice to Guarantor.
8. Guarantor and Member agree to abide by GHM's policies, procedures, rules, and regulations, including presentation of Membership
card and sign-in requirements at all times. As used in this Agreement, "disruptive behavior" means any act or omission which
may: interfere with the orderly conduct of GHM; interfere with the ability of others to effectively carry out their duties; interfere
with patient care; undermine a patient's confidence in GHM or any employee of GHM; behavior and/or language which may be
interpreted as being offensive, disrespectful, demeaning, abusive, combative, confrontational, or deemed to be inappropriate in
any manner. GHM is fully committed to protecting its staff, providers, and patients against any form of disruptive behavior.
9. Upon termination of this Agreement, GHM at its sole discretion, may choose to continue to provide Medical Services to the
Member(s) according to GHM's non-discounted standard fee schedule.
10. Guarantor will pay all costs and expenses incurred by GHM in collection of amounts due under this Agreement or enforcing
payment hereof, including, but not limited to, reasonable attorneys' fees and collection agency fees, whether or not suit is
brought, and if suit is brought, the attorneys' fees will be determined by the Court.
11. GHM will not be responsible for failure to render Medical Services. All providers associated with GHM are licensed professionals
who are required to comply with existing state and federal laws and licensing regulations. Member assumes any and all risks
associated with obtaining health care services. Member and Guarantor agree that GHM will not be held liable for any injury,
claim, economic damage, other forms of loss, negligence, or any other act committed by staff or any health care professional
associated with GHM, or through any act or conduct undertaken by any other individual present at or utilizing services at any
12. GHM will have no liability to any third party under any agreement that Guarantor or a Member(s) has or may have with
any hospital, insurance carrier, third-party payer, governmental entity or other entity or individual (including Guarantor).
Guarantor hereby releases GHM and its agents and employees from and against any and all liability resulting from or related
to any improper, incorrect or unauthorized transfer. In any event GHM's maximum liability under this Agreement will be an
amount equal to 1 month’s monthly membership fee(s) under this Agreement. GHM will not be responsible for lost, stolen,
or broken articles or goods while Member is present at a GHM facility.
13. Guarantor and Member agree that they will not be eligible to participate in other promotional programs, discounts, or giveaways.
14. Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement will
be in writing and will be delivered personally, or sent by express overnight delivery or by United States mail, addressed to the
respective party's address below. Notices will be deemed received upon actual receipt. Any party may change its address for
notice purposes by giving notice to the other party.
15. Unless a party is seeking injunctive relief, if a dispute arises out of or in connection with this Agreement, GHM and Guarantor
will submit the dispute to mediation. Mediation hereunder will be conducted in Phoenix, Arizona by a single mediator,
mutually agreeable to the parties, or if no agreement, then by a single mediator selected by the Chief Presiding Judge of the
Maricopa County Superior Court. The party who first notified the other party of the dispute will be solely responsible for the
costs and expenses of the mediation. GHM and Guarantor acknowledge and agree that mediation is a condition precedent
for filing a claim in any court for any dispute covered by this Agreement. If mediation does not resolve the dispute, unless
the parties mutually agree otherwise in writing, the parties will submit the dispute to binding arbitration in accordance with
the Commercial Arbitration Rules of the American Arbitration Association, then in effect. Any such arbitration will be held in
Phoenix, Arizona, and the American Arbitration Association will be requested to submit a lit of prospective arbitrators. In any
such arbitration, or in any proceeding commenced by either party to enforce this provision or any award, the prevailing party
will be entitled to receive reasonable attorneys' fees, expert and non-expert witness fees and costs, and all other costs and
expenses incurred in connection with such proceeding. The award rendered by the arbitration will be final and binding and a
judgment may be entered upon it in any court of competent jurisdiction.
16. GHM reserves the right to transfer or assign this Membership Agreement or any rights or obligations contained herein without
notice to Guarantor. Guarantor may not assign or transfer any right conferred through this Membership Agreement without
the written authorization of GHM.
17. This Agreement will be construed and enforced according to the laws of the State of Arizona applicable to agreements
made and to be performed wholly within Arizona. This Agreement constitutes the entire agreement between the parties
and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this
Agreement. This Agreement may be executed in one or more counterparts, each of which will constitute an original, but all
of which together will constitute one instrument. If any provision of this Agreement is found to be invalid or unenforceable
by any court or arbitral tribunal, only that provision will be ineffective.
18. Guarantor represents and warrants to GHM that Guarantor has the authority to enter into this Agreement and, once executed,
this Agreement will be a valid and binding obligation of Guarantor. GHM reserves the right to revise, amend, or alter the Terms
and Conditions without notice to Guarantor or Member, or to discontinue service at any time, and such changes will become
effective immediately without further action required on the part of GHM.
Thank you for completing your Good Health Perfect 10 Plan application online. A member of our staff will contact you to confirm your membership and answer any questions you may have.
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