THIS AGREEMENT DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
This agreement describes how we may use and disclose your protected health information to carry out treatment, payment, or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and controls your protected health information. "Protected health information" is information about you, including demographic information, that may identify you and that relates to your past, present, or future physical or mental health or condition and related health care services.
We may change the terms of this agreement, at any time. The new agreement will be effective for all protected health information that we maintain at that time.
Uses and Disclosures of Protected Health Information
Your protected health information may be used and disclosed by your physician, our office staff, and others outside of our office who are involved in your care and treatment for the purpose of providing health care services to you. Your protected health information may also be used and disclosed to pay your health care bills and to support the operation of your physician's practice.
Following are examples of the types of uses and disclosures of your protected health information that your physician's office is permitted to make. These examples are not meant to be exhaustive, but to describe the types of uses and disclosures that may be made by our office.
Treatment: We will use and disclose your protected health information to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with another provider. For example, we would disclose your protected health information, as necessary, to a home health agency that provides care to you. We will also disclose protected health information to other physicians who may be treating you. For example, your protected health information may be provided to a physician to whom you have been referred to ensure that the physician has the necessary information to diagnose or treat you. lo addition, we may disclose your protected health information from time to time to another physician or health care provider (e.g., a specialist or laboratory) who, at the request of your physician, becomes involved in your care by providing assistance with your health care diagnosis or treatment to your physician or provider.
We may use or disclose your protected health information, as necessary, to provide you with information about treatment alternatives or other health-related benefits and services that may be of interest to you. You may contact our Privacy Officer to request that these materials not be sent to you.
Other Permitted and Required Uses and Disclosures That May Be Made Without Your Authorization or Opportunity to Agree or Object.
We may use or disclose your protected health information in the following situations without your authorization or by providing you the opportunity to agree or object. These situations include:
Required By Law: We may use or disclose your protected health information to the extent that the use or disclosure is required by law. The use or disclosure will be made in compliance with the law and will be limited 10 the relevant requirements of the law. You will be notified, if required by law, of any such uses or disclosures.
Public Health: We may disclose your protected health information for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information. For example, a disclosure may be made for the purpose of preventing or controlling disease, injury, or disability.
Communicable Diseases: We may disclose your protected health information, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.
Health Oversight: We may disclose protected health information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs, and civil rights laws.
Abuse or Neglect: We may disclose your protected health information to the public health authority, that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your protected health information if we believe that you have been a victim of abuse, neglect, or domestic violence to a government entity or agency authorized to receive such information. In this case, federal and state laws.
Food and Drug Administration: We may disclose your protected health information to a person or company required by the Food and Drug Adm1mstrat1on for the purpose of quality, safety, or effectiveness of FDA-regulated products or activities including, to report adverse events, product defects, or problems, biologic product deviations, to track products; to enable product recalls, to make repairs or replacements, or to conduct post-marketing surveillance, as required.
Legal Proceedings: We may disclose protected health information in the course of any judicial or administrative proceeding, in response to an order of a court or administrative tribunal (to the extent such disclosure is expressly authorized), or in certain conditions in response to a subpoena, discovery request or another lawful process.
Law Enforcement: We may also disclose protected health information, so long as applicable legal requirements are met, for law enforcement purposes. These law enforcement purposes include (1) legal processes and otherwise required by law, (2) limited information requests for identification and location purposes, (3) pertaining to victims of a crime, and (4) suspicion that death has occurred as a result of criminal conduct, (5) in the event that a crime occurs on the premises of our practice, and (6) medical emergency (not on our practice's premises) and it is likely that a crime has occurred.
Research: We may disclose your protected health information to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your protected health information.
Criminal Activity: Consistent with applicable federal and state laws, we may disclose your protected health information, if we believe that the use or disclosure is necessary to prevent or lessen a serious and i1runinent threat to the health or safety of a person or the public. We may also disclose protected health information if it is necessary for law enforcement authorities to identify or apprehend an individual.
Military Activity and National Security: When the appropriate conditions apply, we may use or disclose protected health information of individuals who are Armed Forces personnel (I) for activities deemed necessary by appropriate military command authorities; (2) for the purpose of a determination by the Department of Veterans Affairs of your eligibility for benefits, or (3) to foreign military authority if you are a member of that foreign military services. We may also disclose your protected health information to authorized federal officials for conducting national security and intelligence activities, including for the provision of protective services to the President or others legally authorized.
Workers' Compensation: We may disclose your protected health information as authorized to comply with workers' compensation laws and other similar legally-established programs.
Inmates: We may use or disclose your protected health information if you are an inmate of a correctional facility and your physician created or received your protected health information in the course of providing care to you.
Uses and Disclosures of Protected Health Information Based upon Your Written Authorization: Other uses and disclosures of your protected health information will be made only with your written authorization unless otherwise permitted or required by law as described below. You may revoke this authorization in writing at any time. If you revoke your authorization, we will no longer use or disclose your protected health information for the reasons covered by your written authorization. Please understand that we are unable to take back any disclosures already made with your authorization.
Other Permitted and Required Uses and Disclosures That Require Providing You the Opportunity to Agree or Object: We may use and disclose your protected health information in the following instances. You have the opportunity to agree or object to the use or disclosure of all or part of your protected health information. If you are not present or able to agree or object to the use or disclosure of the protected health information, then your physician may, using professional judgment, determine whether the disclosure is in your best interest.
Others Involved in Your Health Care or Payment for your Care: Unless you object, we may disclose to a member of your family, a relative, a close friend, or any other person you identify, your protected health information that directly relates to that person's involvement in your health care. If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose protected health information to notify or assist in notifying a family member, personal representative, or any other person that is responsible for the care of your location, general condition, or death.
Following is a statement of your rights with respect to your protected health information and a brief description of how you may exercise these rights.
You have the right to inspect and copy your protected health information. This means you may inspect and obtain a copy of protected health information about you for so long as we maintain the protected health information. You may obtain your medical record that contains medical and billing records and any other records that your physician and the practice use for making decisions about you. As permitted by federal or state law, we may charge you a reasonable copy fee for a copy of your records.
Under federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding; and laboratory results that are subject to law that prohibits access to protected health information. Depending on the circumstances, a decision to deny access may be reviewable. In some circumstances, you may have a right to have this decision reviewed. Please contact our Privacy Officer if you have questions about access to your medical record.
You have the right to request a restriction of your protected health information. This means you may ask us not to use or disclose any part of your protected health information for the purposes of treatment, payment, or health care operations. You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice of Privacy Practices. Your request must state the specific restriction requested and to whom you want the restriction to apply.
Your physician is not required to agree to a restriction that you may request. If your physician does agree to the requested restriction, we may not use or disclose your protected health information in violation of that restriction unless it is needed to provide emergency treatment. With this in mind. please discuss any restriction you wish to request with your physician.
You have the right to request to receive confidential communications from us by alternative means or at an alternative location. We will accommodate reasonable requests. We may also condition this accommodation by asking you for information as to how payment will be handled or the specification of an alternative address or other methods of contact. We will not request an explanation from you as to the basis for the request. Please make this request in writing to email@example.com
You may have the right to have your physician or provider amend your protected health information. This means you may request an amendment of protected health information about you in a designated record set for so long as we maintain this information. In certain cases, we may deny your request for an amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal. Please contact us at firstname.lastname@example.org if you have questions about amending your medical record.
You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information. This right applies to disclosures for purposes other than treatment, payment, or health care operations as described in this Notice of Privacy Practices. It excludes disclosures we may have made to you if you authorized us to make the disclosure, for a facility directory, to family members or friends involved in your care, or for notification purposes, for national security or intelligence, to law enforcement or correctional facilities, as part of a limited data set disclosure. The right to receive this information is subject to certain exceptions, restrictions, and limitations.
CONSENT TO TREAT:
You acknowledge and agree that you have requested to receive medical treatment and services from Brisk Technologies, Inc. hereinafter called “Brisk Health.” Further, you consent to the rendering of medical treatment and services as considered necessary and appropriate by your treating provider. You have the right to decline treatment and services at any time, but you may be responsible for paying for services already rendered. You also acknowledge that no assurances or guarantees have been made to you by Brisk Health or any of Brisk Health’s staff concerning the outcome and/or results of any medical treatment or services.
In-Person Visits: Brisk Health provides mobile, in-person visits at patient-specified locations for both adult and pediatric patients. Available services for in-person visits include scheduled, urgent care services as well as short-noticed, non-emergency, and sick-care services to treat illnesses or minor injuries. For example, during an in-person visit, your treating provider may perform wellness exams and/or annual physicals, assess and treat chronic conditions, and assess and treat illnesses like the common cold, flu, stomach aches, or ear infections, or assess and treat minor injuries. Please note, that Brisk Health does not provide general obstetrics services or any emergency services.
BRISK HEALTH DOES NOT PROVIDE EMERGENCY MEDICAL CARE:
If you have an emergency, such as chest pain, severe shortness of breath, severe headache, or bleeding, call 911 or proceed directly to the nearest hospital emergency room.
You understand and acknowledge that no assurances or guarantees will be made by Brisk Health or Brisk Health’s staff concerning the prescription of any medication(s). Your treating provider, based on his or her professional judgment, is solely responsible for determining the clinical appropriateness and necessity, or lack thereof, for any prescribed medication(s). At the time of prescribing any medication(s), your treating provider will advise you on the known risks and potential benefits of the medication(s). You further understand that Scheduled II, III, or IV drugs, or any other drug that is reasonably determined by the prescribing provider and/or Brisk Health to pose a risk of abuse or diversion(collectively, these drugs are referred to herein as “Controlled Medications”), will only be prescribed to established and existing patients who use Brisk Health as their primary care provider, and even then only when the prescribing provider determines such medications to be medically appropriate after a complete in-person evaluation to assess the condition for which the medications are indicated. Brisk Health never requires or guarantees that any Controlled Medication will be prescribed or continued. Random urine testing is mandatory as well as a controlled substance contract.
By using Brisk Health, you give Brisk Health permission to query the pharmacy database to obtain your medication history including Surescripts, Nevada PMPAware, and other similar databases.
SUBSEQUENT CARE & COORDINATION WITH YOUR PRIMARY CARE PROVIDER:
If Brisk Health is not your primary care provider, it is your sole responsibility to follow through with your primary care provider on any medical conditions or potential abnormalities detected or not detected by the visit, and to obtain a medical examination by your primary care provider related to the findings, or lack of findings, of this visit.
RELATIONSHIP WITH BRISK HEALTH:
You understand and agree that downloading, registering, and/or using the Brisk Health Application alone does not create a patient relationship with Brisk Health. A patient relationship with Brisk Health is only established when you have actually been treated by one of Brisk Health’s providers. In addition, you acknowledge and agree that you have selected to receive services from Brisk Health, Inc. and that no third-party, has referred, suggested or recommended Brisk Health to you.
EQUITABLE ACCESS & NON-DISCRIMINATORY CARE POLICY:
It is Brisk Health’s policy to make all commercially reasonable efforts to provide accommodations that will allow seniors and people with disabilities to request and receive equitable access and non-discriminatory medical care. As such, to the extent practicable and/or required by law, Brisk Health’s operations align with the standards set by Section 504 of the 1973 Rehabilitation Act, the Americans with Disabilities Act, as amended (ADA), and other applicable state laws and regulations that prohibit discrimination on the basis of disability. However, Brisk Health does not have any medical office open to the public or any other public facility where Brisk Health provides medical services. You understand and agree that Brisk Health’s mobile care delivery model means that Brisk Health has no control over any physical accommodations at the specific locations where you may request and/or receive medical services.
PAYMENT FOR SERVICES:
Brisk Health generally charges on a fee-for-service basis for the services it provides, or by some other fee schedule negotiated between Brisk Health and its contracted health plans (the “Service Fee”). Any Service Fees or portion thereof that is your financial responsibility must be made by credit card through the Brisk Health Application. When necessary to accommodate patients with disabilities, Brisk Health may accommodate payment telephonically. Brisk Health does not accept cash payments from patients or accept any in-person payments. If timely payment is not made, Brisk Health may engage third parties to collect any outstanding payments. If you are a member of an insurance plan that contracts with Brisk Health as an in-network provider, and your insurance coverage has previously been verified, Brisk Health will bill the insurance plan for the portion of the Service Fee for which it is responsible. Then the patient will be responsible for the contracted remaining balance. Brisk Health is a participating medical practice in the Medicare Program and accepts assignments for Medicare claims. If you are a Medicare beneficiary, Brisk Health accepts the Medicare-approved amount as full payment for covered services. You will be responsible for any applicable copayments or deductibles, and your credit card will be charged accordingly. Please be aware that some – and perhaps all – of the services you receive may not be covered or not considered reasonable or necessary by your health insurance plan. The balance of your claim is your financial responsibility, whether or not your health insurance plan pays your claim. It is your responsibility, as the insured, to determine if Brisk Health is a network provider and how your benefits apply.
By using our service, you give Brisk Health permission to charge your card before being treated. You can update or delete your card in the Brisk Health app.
RETENTION OF RECORDS:
Brisk Health shall retain health care records for at least ten (10 years after their receipt or production unless a longer period is required by law (e.g., for records of minors). Brisk Health may destroy health records once it is no longer required to retain them.
COORDINATION WITH HEALTH RECORDS AND HEALTH DATA:
In an effort to gain a more complete picture of your health and help avoid unnecessary testing and duplicated efforts, Brisk Health supports coordinating access to your health records and health data that may be created by various third-party sources before, after, and/or in between your visit(s). This may include access to (1) your patient health records from other providers and/or (2) records in the healthienevada.org database, (3) state prescription monitoring program, 4) Surescripts pharmacy database query, and 5) your electronic health data created by your use of different wellness, fitness, or medical devices. In an effort to streamline this coordination via wireless transmission, you can connect your account in the Brisk Health Application with other third-party platforms and/or products that will share your information with the Brisk Health Application. Brisk Health will be able to see any of your records and data that are shared with the Brisk Health Application. Your information will only be shared with Brisk Health in this manner as long as your account remains connected. Your decision to connect your accounts is completely voluntary and you may disconnect from third-party platforms or products at any time. Because Brisk health is not affiliated with any applicable third parties, it makes no promise that third-party platforms or products will be fault-free. Further, Brisk Health is not responsible for the accuracy of your health records or health data that are created by any third parties.
ASSIGNMENT OF BENEFITS; AUTHORIZED REPRESENTATIVE:
In exchange for and in connection with any and all of the service(s) provided to you by Brisk Health, by signing below you hereby irrevocably and expressly request that payment of authorized insurance benefits be made on your behalf to Brisk Health for services furnished to you. In addition, you hereby designate Brisk Health as your duly authorized representative in connection with all matters arising from or relating to the services provided, and you agree to cooperate with and take all steps necessary to effectuate, perfect, confirm or validate the assignment of benefits and/or authorization that Brisk Health is your authorized representative, as addressed herein.
You acknowledge that you shall be liable for, and shall indemnify, defend and hold harmless Brisk Health from any and all liability, loss, claim, lawsuit, injury, cost, damage, or expense whatsoever (including reasonable attorneys’ fees and court costs) arising out of, incident to or in any manner occasioned by (1) the performance or nonperformance of any duty or responsibility by the patient, (2) any tortious acts committed by you or any other person at your residence or other location of the visit, and (3) any damages resulting from any defects at your residence or location, but only to the extent, and only in such amount, that such liability, loss, claim, lawsuit, injury, cost, damage or expense is not covered and paid by third party insurance. The foregoing indemnification provision shall in all instances be deemed to be subordinate to any third-party insurance coverage that may cover all or any portion of any indemnification claim, including without limitation the patient’s homeowner’s insurance policy, as applicable.
DISCLOSURE OF PROVIDER INFORMATION & PATIENT GRIEVANCES:
All Brisk Health clinicians are licensed, certified, or otherwise permitted to provide medical services in the state where medical services are provided. Your treating provider’s information, including name, the highest level of academic degree, specialty, license status, license number, and board certification (where applicable) is available through the Brisk Health mobile app. Should you have any questions, comments, feedback, or grievances concerning your treating clinician, Brisk Health’s clinical team, or other staff, and/or the treatment you received, you may always reach out directly at email@example.com. Additionally, patients always have the right to report concerns or grievances to the appropriate state medical board, or other applicable regulatory body.
NOTICE OF PRIVACY PRACTICES ACKNOWLEDGEMENT
THE NOTICE OF PRIVACY PRACTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY, AS IT EXPLAINS:
• How Brisk Health will use and disclose your protected health information.
• Your privacy rights with regard to your protected health information.
• Brisk Health’s obligations concerning the use and disclosure of your protected health information.
You acknowledge that you have received a copy of Brisk Health’s HIPAA Notice of Privacy Practices and have been provided an opportunity to review it and consent to the receipt of an electronic copy. You further acknowledge that Brisk Health’s Notice of Privacy Practices is available from Brisk Health upon request, and is available at https://www.briskhealth.com
CONSENT TO EMAIL AND ELECTRONIC COMMUNICATIONS
You consent to the use of a patient portal for secure messaging and unsecured email, phone, and text messaging (a service fee may apply), between yourself and Brisk Health, your treating provider, and any other agents or representatives of Brisk Health, for purposes of discussing personal material relevant to your treatment or health records. You understand that E-Messages are typically not confidential means of communication and that there is a reasonable chance that a third party (including people in your home or other environments who can access your phone, computer, or other devices; your employer, if using your work email; and/or third parties on the Internet such as server administrators and others who monitor Internet traffic) may be able to intercept and see these messages. You have been informed of the risks—including but not limited to the risk with respect to the confidentiality of your treatment—of transmitting your protected health information by an unsecured means. You acknowledge that E-messages are not to be used in the case of an emergency and that you should call 911 or proceed directly to the nearest emergency room.
CONSENT TO USE OF TELEHEALTH
Brisk Health also provides non-emergent, telehealth, and remote patient monitoring (“RPM”) services, whereby patients may receive limited healthcare services without in-person contact between the patient and provider. Telehealth services and RPM services are available only in limited circumstances, and only at Brisk Health’s sole discretion. Telehealth services are not intended to replace the need for in-person medical treatment and evaluation. By signing this consent form, you are also agreeing to use telehealth services. However, at any time you may opt not to receive telehealth services.
You acknowledge that you have read, understand, and agree to the information below, which applies if you have requested telehealth services, and that your name and identity have been correctly identified in communications with Brisk Health:
I hereby consent to receive treatment through telehealth from Brisk Health as part of my health evaluation and treatment. I further give Brisk Health and its providers permission to consult with relevant specialists as needed during the course of my treatment, and I further consent to Brisk Health and its providers forwarding my medical information to my primary care provider/provider of record and State Health Information Exchange. I am providing the foregoing consents based on my understanding of the following:
1. During my treatment through telehealth, my provider and I will be in different physical locations, and my medical and/or health information will be communicated to health care providers at those other physical locations. I may benefit from the use of telehealth, including the increased availability and access to care, but results cannot be guaranteed or assured. Furthermore, the use of telehealth may present certain risks, such as delays in medical evaluation and treatment due to technological issues, the need to reschedule if the transmitted information is of insufficient quality or failure of potential failure security protocols which could cause disclosure of personal information. In addition, I understand a lack of access to my complete medical record could result in adverse drug interactions or other unintended results, and I understand it is my responsibility to share complete and accurate information with my provider.
2. My treating provider’s information, including name, the highest level of academic degree, specialty, license status, license number, and board certification (where applicable), are available through the Brisk Health Application, and if my treating provider is a physician assistant or nurse practitioner the name of the delegating/supervising physician is also available. In the event of an adverse reaction to treatment or the inability to communicate as a result of a technological failure, I understand that I may contact my treating provider for further assistance or to schedule follow-up care by calling (888) 59- BRISK, emailing firstname.lastname@example.org or by visiting https://www.briskhealth.com
3. Brisk Health may use telehealth to conduct examinations, diagnose and treat medical conditions, interact with me in connection with prescriptions and refills, and otherwise communicate with me about my health. I understand and agree that my provider has the sole responsibility and discretion to determine whether telehealth is appropriate for the diagnosis or treatment of my specific condition(s).
4. I have the right to withdraw my consent to Brisk Health’s use of telehealth at any time without affecting my right to future care or treatment or risking the loss or withdrawal of any program benefits to which I would otherwise be entitled. Receiving treatment through telehealth does not mean that I cannot receive in-person health care services now or in the future.
5. The information and data disclosed by me during the course of my treatment through telehealth may be integrated into my medical record and will generally be protected and confidential. Brisk Health uses secure technology that complies with federal privacy laws to provide telehealth services, incorporating reasonable and appropriate network and software security protocols to protect patient information and ensure its integrity. Without limiting the foregoing, Brisk Health uses industry-leading security standards to maintain the highest level of security for our patients, including multi-factor authentication and AES256 encryption to protect data. However, I understand and accept that, as is the case with all electronic data, there is a risk that data security protocols could fail or be breached, which may result in the unintended disclosure of my information.
6. Brisk Health will not provide my personally-identifiable information to any third parties without my express consent. Notwithstanding the foregoing, I understand that my healthcare information may be shared with other individuals and entities for Brisk Health’s scheduling, billing, and other treatment, payment, and health care operations purposes or other uses or disclosures permitted or required by law, and I consent to such use and disclosure solely to the extent such use or disclosure complies with applicable federal and state privacy laws.
7. Brisk Health and its providers are not responsible for any information lost as a result of any technical failures encountered during the course of my telehealth treatment.
8. An in-person evaluation is required prior to prescribing any schedule II, III, or IV drugs and at least every 90 days for ongoing prescriptions. However, your doctor – at their discretion – may choose to renew or adjust prescriptions for controlled medications via telehealth as long as you have had an in-person visit in the prior 90 days as allowed by state laws.
9. I understand that if I am experiencing a medical emergency I will be directed to call 911 and that Brisk Health is not able to connect me directly to local emergency services.
10. I have discussed the foregoing information with my provider and all of my questions have been answered to my satisfaction.
CONSENT TO MARKETING COMMUNICATIONS:
You consent to the receipt of communications about other healthcare products or services offered for purchase or subscription by Brisk Health. These communications may be received in several formats including electronic, SMS, and postal mail.
CONSENT TO DISCLOSURE OF INFORMATION FOR MARKETING:
Brisk Health may share certain protected health information with partners and affiliates that provide, arrange or offer other healthcare-related services. These partners and affiliates may also receive your information to offer other products and services which are not healthcare-related but may be beneficial to you. By clicking the button below and proceeding with your selected services, you are agreeing to have your information shared for internal marketing purposes by Brisk Health and its Medical Practices, as well as external marketing purposes with companies and affiliates with whom our Company works. These communications may be received in either electronic format or postal mail. Please note that you may revoke this consent at any time.
CONSENT TO MEDICAL PHOTOGRAPHY
You consent for medical photographs to be made of yourself or your child (or the person for whom I am a legal guardian). You understand that the information may be used in my medical records, for purposes of medical teaching, or for publication in medical photographs You understand that you will not receive payment from any party. Refusal to consent to photographs will in no way affect the medical care you will receive.
You acknowledge that you (1) have read, understand, and accept the terms of Brisk Health’s Patient Agreement; (2) have received a copy of Brisk Health’s Notice of Privacy Practices and further acknowledge that Brisk Health’s Notice of Privacy Practices is available from Brisk Health upon request; (3) consent to the use of E messages between yourself and Brisk Health, and/or other agents or representatives of Brisk Health, for purposes of discussing personal material relevant to your treatment or health records; and (4) have read and understand the information contained in the Consent to Use of Telehealth above, and are providing the consents expressly set forth therein.
If the patient is unable to consent, you acknowledge that you agree to the terms and conditions of this agreement as the legally authorized representative of the patient.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application. You and we agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section entitled “Mandatory Arbitration and Class Action Waiver” is intended to be interpreted broadly and governs any and all disputes between you and us. Any and all disputes may include, but are not limited to (i) claims arising out of or relating to any aspect of the relationship between you and us, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to medical care); and (iii) claims that may arise after the termination of these Terms. The only disputes excluded from the broad prohibition in this subsection entitled “Application” are the litigation of certain intellectual property and small court claims, as provided in the subsection entitled “Exception” below.
Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute with us before taking any formal action by contacting us at Brisk Technologies, Inc., 8905 South Pecos Road, Suite 23C, Henderson, Nevada 89074 or at email@example.com. When you contact us, you must provide a brief, written description of the dispute and your contact information. If you have an account with us, you must include the email address associated with your account. Except for intellectual property and small claims court claims (see the subsection entitled “Exception” below), you and we agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and we agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussion are a precondition of initiating a lawsuit or arbitration.
Binding Arbitration. If we do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled “Exception” below), as long as the party agrees with the terms set forth below.
Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with either (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS Rules and procedures just identified shall be those in effect at the time the arbitration is initiated (not the Last-Modified date of these Terms), excluding any rules or procedures governing or permitting class actions.
Arbitrator’s Powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. Such disputes may include but are not limited to, any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand. To start an arbitration, you must do all three of the following: (i) Write a Demand for Arbitration that includes a description of the claim and the number of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 1155 F Street, NW, Suite 1150, Washington, DC 20004; and (iii) Send one copy of the Demand for Arbitration to us at: Brisk Technologies, Inc, 8905 South Pecos Road, Suite 23C, Henderson, NV 89074.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, the arbitration shall be initiated in Nevada, United States, and you and we agree to submit to the personal jurisdiction of any federal or state court in Nevada in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This means that you and we expressly waive any rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets—but does not include privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Changes to This Section. We will provide thirty (30) days notice of any material changes to this section by posting a notice on the Services or informing you via email, and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.
If a court or arbitrator decides that this subsection (“Changes to this Section”) is not enforceable or valid, then this subsection will be deemed to be severed from the section entitled “Mandatory Arbitration and Class Action Waiver.” If this happens, the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section or similar section in existence after you began using the Services.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your Brisk Health account.
CANCELLATIONS & NO SHOW POLICY:
If a patient has requested care through our mobile app and has canceled the appointment when our medical team is already enroute or if the patient is not home at the time of the appointment window, there will be a $75.00 fee accessed to the patient's credit card on file.
Repeated cancellations and/or no-shows will result in mobile app account termination.