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eMed Supervised Medical Weight Loss Program™ Subscription and Membership Agreement

This Membership Agreement governs your use of and participation in the eMed Supervised Medical Weight Loss Program™ (the “Program”). This Agreement incorporates by reference and shall be fully subject to our Terms of Use and Privacy Policy. All terms not defined herein shall have the meaning in our Terms of Use.

1. Membership Options. As part of the Program, eMed offers various membership options (“Membership Options”), each with its own services and fees (“Membership Fees”). Any additional payment terms presented to you during the process of using or signing up for a Membership Option are deemed part of this Agreement.

2. Payment Terms.

a. You are solely responsible for payment of all subscription and membership fees (“Membership Fees”). eMed uses a third-party payment processor (the “Payment Processor”) to collect Membership Fees (your “Billing Account”). Processing of payments is subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. Currently, eMed uses Stripe as our Payment Processor. You can access Stripe's Terms of Service at and their Privacy Policy at eMed is not responsible for any acts or omissions of the Payment Processor.

b. By choosing to use or otherwise participate in the Program, you agree to: 1) pay eMed, through the Payment Processor, the Membership Fees; and 2) you authorize eMed, through the Payment Processor, to charge your bank, financial institution or credit card (your “Payment Method”) for all payments due. eMed reserves the right to correct any errors or mistakes made by the Payment Processor even if the Payment Processor has already requested or received payment. Depending on your Payment Method, certain terms related to your payment may be set forth in agreements between you and your bank, financial institution, credit card issuer, or other provider of your chosen Payment Method. If eMed does not receive payment from you through the Payment Processor when due, you agree to pay all amounts due on your Billing Account upon demand. You must provide current, complete, and accurate information for your Billing Account and promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). If you do not maintain accurate Billing Account information then eMed may continue charging you for any use of the Program under your Billing Account up and until this Agreement and your Program is terminated.

3. Medical Billing. eMed will work with affiliate providers, who will provide medical services related to the Program. The affiliate providers may bill commercial health insurance plans or federal health care programs such as Medicare or Medicaid for medical services provided pursuant to the Program. It is your responsibility to know your benefits, and how they will apply to your benefit payments. There is no guarantee that your insurance company will make any payment on or otherwise reimburse in any manner any fees or other costs or expenses you incur in connection with the Program or any other services you may have purchased. By using your insurance for the medical services associated with the Program, you may incur copays and deductibles and you are responsible for paying any those expenses out-of-pocket. If you do not wish to use your insurance, or your insurance provider does not cover the fees or other costs or expenses you incur in connection with the Program, then you will be responsible for those expenses out of pocket.

4. Prescriptions.

a. Although your provider may prescribe certain medication(s) for you as part of your Program, the cost of any such medication is not included in your Membership Fees.

b. Neither eMed nor the providers eMed works with endorse any specific medication, pharmacy, or pharmacologic product. If a provider prescribes a medication, the provider may limit supply based upon good clinical practice and/or state regulations, and any medication orders will be based on the provider's informed medical judgment, the circumstances of the situation, and best interests of the member. Providers will at all times exercise professional discretion and reserve the right to deny care and/or cancel any prescription due to actual or potential misuse of the Services.

c. You agree that any prescriptions that you receive from a Provider are solely for your personal use as part of the Program and you will not share or distribute any medication to any other person. You agree to fully and carefully read all provided medication information and labels and to contact a physician or pharmacist with any questions about your medication. eMed and the providers fully honor patient freedom of choice and if you receive a prescription for a medication, you have the right to have any prescription sent to the pharmacy of your choice.

5. Contact Consent. You agree and provide consent for eMed's pharmacy partners and affiliate telehealth providers to contact you, including by SMS message, email and/or via the use of an automatic telephone dialing system, artificial voice, and/or prerecorded messages, for purposes of providing pharmacy and medical services to you, respectively.

6. No Emergency Care; Certain Services and Items Excluded. eMed does not provide any urgent or emergency care services. If you ever have an urgent care need or medical emergency while participating in a Program, you must dial 911. eMed does not provide urgent care or treat medical emergencies nor does eMed offer or provide primary care services or dispense any medications or supplements.

7. Participating in a Program. Following your purchase of a Program, you must attend an initial appointment with a provider facilitated by eMed.

8. Transfers of Memberships. You may not transfer your membership to anyone else.

9. Term and Termination.

  • Term. eMed may, in its sole discretion, not accept this Agreement and return your Membership Fees to you. If eMed accepts this Agreement, then the term of the Agreement (and your ability to participate in a Program) will begin on the date eMed receives your Membership Fees and last for the following twelve (12) months.
  • Termination. You may terminate this Agreement and your participation in the Program at any time by contacting []. eMed may terminate this Agreement and your Program, and/or modify or remove components of your Program at any time, if you fail to comply with this Agreement, the Terms of Use, and/or the Terms of Sale.
  • Early Termination Fee. If you choose to cancel this Agreement prior to the end of the Term, you will be responsible for paying an early termination fee equal to the prevailing monthly retail price of the membership that you choose. You will not be entitled to a refund of any of the previously paid Membership Fees.
  • Waived Early Termination Fee. eMed will waive the Early Termination Fee if you choose to cancel this Agreement for one of the following two reasons:
    • You experience medical complications or adverse reaction to weight loss medication prescribed pursuant to the Program;
    • You fail to experience meaningful weight loss (>5% from the first-visit weight) over 6 months, provided you comply with the Program and all the indications and recommendations from providers under the Program; or
    • If you are unable to obtain insurance coverage for the medical services and prescription medication available through the Program.

10. Entire Agreement; Amendment. This Agreement sets forth the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements. eMed reserves the right to amend this Agreement at any time by updating its website. Notwithstanding the preceding, eMed agrees that it will not change any provisions related to your Membership Fees retroactively.

Last updated: April 7, 2023