- This agreement and the goods and services provided under it are not transferrable to another pet or assignable to another person. This Agreement applies only to owned by Monsen, Amber. Provider will make all reasonable efforts to provide services for Member’s pet as needed, however, in some cases, limited staffing may require Provider to postpone services to an alternate date and time.
- Automatic Renewal: this Agreement is effective on for an initial term of twelve (12) months – Plan Year – and will automatically renew on the anniversary of the start date in each succeeding year for subsequent periods of one year until Member or Provider cancels this Agreement. Visionary Wellness Plans are subject to an annual price increase not to exceed 5% market value of included services.
- Plan Discounts: Patient receives a ten (10) percent discount on all services not included in the Visionary Wellness Plan, except prescription diets and outside service fees during the term of this Agreement.
- Plan Upgrades: Member may elect to upgrade the level of the current Plan at any time during the plan year which will end the existing plan and create a new plan at the new chosen level. The new plan will have a new start date and will be in effect for a new twelve (12) month term, with automatic renewals on the anniversary of the new start date.
- Payments: monthly payment installments will only be billed directly to Member’s credit card. A reprocessing fee of $30.00 will be billed to Member for insufficient funds, over limit status, or any other reason a payment is unable to be processed based upon the account information supplied by Member. Member is responsible for immediately notifying Provider of any changes in billing account information to avoid any payment reprocessing fees.
- Cancelation: Either Provider or Member may cancel this Agreement at any time, however, there may be monies due upon cancelation. In the event that cancelation of this Agreement results in monies due by Member, the amount due shall be paid in full at the time of cancelation. To cancel this Agreement, Member must contact IVWC at (916) 618-4700.
Cancelation by Member within four (4) Business Days
A newly enrolled Member who has not been enrolled in a Visionary Wellness Plan within the preceding ninety (90) days may cancel this Agreement for any reason within four (4) business days of enrollment (inclusive of enrollment day). The membership fee and any other fees paid are refundable minus the undiscounted retail value of any and all services/products delivered subsequent to enrollment.
Cancelation by Member after four (4) Business Days
If Member cancels for any reason (including but not limited to death or loss of pet or transfer of ownership), whether before or after Provider has rendered services, Provider shall be entitled to retain the entire membership fee. Provider shall also be entitled to retain or recover from Member all monthly installments which have previously been paid or become due, including the installment for the month in which cancelation occurs, regardless of the cancelation request date. In addition, upon cancelation prior to the end of the plan year, if the total undiscounted retail value of plan services/products already provided during the plan year exceeds the sum of monthly installments collected for that plan year, Member shall be obligated to do one of the following:
1. Immediately pay full retain fees for all services/products, with all discounts reversed as if the Plan had not been in effect for the plan year, to the extent such fees exceed the total of monthly payments received by Provider for the plan year; OR
2. Immediately pay the total remaining plan year monthly installments in full if less than the amount described in paragraph (1); OR
3. Continue making the monthly payments as they become due for the remaining term of the plan year then in effect.
If Member has paid the full annual fee in advance
If Member has paid the full annual fee in advance, upon cancelation by Member, Provider will refund, if any, the lesser of (a) one-twelfth of the annual fee times the number of full months remaining in the plan year or (b) the full annual fee minus the undiscounted retail value of all Plan services/products which have been provided in the plan year with all discounts reversed as if Plan had not been in effect for the plan year. Cancelation by Provider: Provider reserves the right to cancel the Plan at any time and for any reason. In the event Provider chooses to cancel the Plan for any reason except Member’s default, Provider will waive any future payments due under the Plan and discharge Member’s obligation under this Agreement in full.
- Plan Price and Service Charges: It is a Member’s responsibility to read and understand the Terms and Conditions and services included in any changes to the Plan (renewal, upgrade, or Visionary Wellness Plan options). 8. Exclusions: the following items and services are not included in this Agreement: Services, including office visits and consultations rendered by specialists to whom the pet is referred by Provider Services at any institution, clinic, or hospital other than FoPawz, Inc. dba Insight Veterinary Wellness Center Prescription or Veterinary Diets
- Default: If Member fails to pay any monthly installment by its due date, Provider may immediately suspend Plan services and products until Member reinstates the Plan by paying all monthly fees due and owing at the time of payment; provided, however, if any monthly installment is past due for one-hundred twenty (120) days or more, Provider may immediately cancel this Agreement and discontinue Plan services, declare all remaining monthly installments for the then-current plan year to be immediately due and payable, and refer Member’s account to a third-party collection agency. Collection activity may negatively impact Member’s credit rating and may result in collection fees which will be payable by member. If Provider permits Member to restart a Plan after cancelation under this section, a new membership fee will be required unless special arrangements are made between Member and Provider and agreed upon in advance.
- Collection Costs: Whether or not a legal action is commenced, Member agrees to pay and reimburse Provider for any and all fees and costs of any collection agency which may be based upon a percentage of the debt (up to a maximum percentage of thirty-three percent [33%]), and all fees, costs, and expenses, including reasonable attorney’s fees, incurred by Provider in such collection efforts, in each case such amounts may be added to the debt owing when the account is placed into collections.
- Contact and Notice: Member agrees, in order for Provider or its agents to service Member’s account, including but not limited to, providing medical reminders, product recalls, or to collect any amounts owed, Provider or its agents may contact Member by telephone, text messages, emails, including by use of automatic dialing devices and/or pre-recorded/artificial automated voice or text messages, at any telephone number or email address provided to Provider by Member, including residential or wireless telephone numbers.
- Multiple Members, Joint and Separate Liability: If two or more persons sign this Agreement as Members, they will be jointly liable, and each of them will be separately liable, for all amounts payable under this Agreement. If two or more persons sign this Agreement as Members, the term “Member” as used throughout this Agreement will include each and all of them.
- Arbitration: Any and all claims, controversies, or disputes arising out of or related in any way to this Agreement shall be subject to binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) under the Federal Arbitration Act. This includes, without limitation, any claims, controversies, or disputes which would otherwise be subject to class actions. This Agreement is governed by the substantive laws of California, without regard to California choice of law rules. Judgment of the arbitration award may be entered in any court of competent jurisdiction.
