Last Updated: 2/9/2022
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FORWARD THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION ENTITLED “BINDING ARBITRATION / CLASS WAIVER” BELOW FOR DETAILS REGARDING ARBITRATION AND YOUR AGREEMENT TO WAIVE ANY PARTICIPATION IN A CLASS ACTION.
The terms of this Membership Agreement (“Subscription Terms”) form a legal contract between you (“You/Your”) and Clara Medical Group, P.C., Innovative Medical Group FL, PLLC, and any such other professional entities affiliated with the “Forward” healthcare offering (“We”, “Forward”, or “Forward Entities”). Upon Your payment of the fees (the “Fees”) for access to the clinical and wellness services described herein (the “Services”), You shall be entitled to a subscription that provides access to the Services in accordance with these Subscription Terms (“Subscription”). A Subscription cannot be purchased by anyone lacking the legal capacity to enter into these terms and conditions. You should read these Subscription Terms carefully.
Forward works closely with GoForward Inc. (“GoForward”), a technology company that provides technological and administrative support for Forward and owns and operates the GoForward website located at https://goforward.com and the GoForward mobile application (collectively, the “Platform”).
Not an Insurance Product: Forward is not an insurer and the Subscription is NOT an insurance product. The amounts You pay to Forward for the Subscription are NOT insurance premiums. If You desire any type of health or other insurance, You will need to purchase such insurance separately. The Subscription is NOT a health insurance plan, a Medicare Insurance Supplement, a health discount plan, or a prescription discount plan. We do not meet any individual health insurance mandate that may be required by federal law. The Fees for the Subscription shall only cover the rendering of medical care by Forward and related healthcare providers that fall within the definition of the Services, and shall not cover the cost of anything else, such as medications, diagnostic, medical devices, specialty medical care rendered by any third party, or any other referral made by Forward Entities to another third party.
Use of Subscription: Your Subscription is non-assignable, non-transferable, and cannot be resold.
Membership Access: Forward may offer different types of memberships and with different prices and baskets of services. Forward offers “unlimited access,” which, in the context of medical care, means as available and as prescribed by your physician and other clinical staff, and in the context of other nonmedical services, as available through the Platform. The services that come with the type of membership you select, and the price of such membership, will be outlined in the Platform or otherwise provided to you at the time of purchase. At times, Forward may refer you to services performed outside of Forward, and unless Forward explicitly indicates otherwise, will not be responsible for payment for such third party services.
Subscription Term: Your Subscription Term will start the day You submit Your initial subscription payment and will continue and automatically renew as provided in the terms presented during your enrollment, unless terminated in accordance with these Subscription Terms. In the first three (3) days after agreeing to the Subscription Terms, You may cancel this agreement by notifying us through the methods described in the “Cancellations and Refunds” section below.
Once You become a Subscriber, Forward will charge You for Your first month of Your Subscription. Forward will then charge You monthly, in advance and on an ongoing basis, for Your Subscription for the duration of the Subscription Term.
You authorize us or a third party company to charge Your payment source the applicable monthly Fees in accordance with Your chosen Subscription. Fees do not include applicable taxes, which are determined according to Your billing address.
Cancellation: You may cancel your Subscription at any time. PLEASE NOTE THAT ALL SALES ARE FINAL. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. However, if you cancel a Subscription, we will allow you to continue to visit the Providers or access the Service until the most recently paid-up Subscription period ends.
To cancel, you can email us at firstname.lastname@example.org and follow the instructions, if any, we provide to you in response to your cancellation request. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then current Subscription period.
Subscription Fees: At the time of Your purchase of a Subscription, You will be charged the then-applicable Subscription Fee, as outlined in the Forward platform or otherwise provided to You at the time of purchase. Fees are subject to change at any time according to the sole discretion of Forward.
Subscription Benefits: As a Subscriber, You are entitled to access Services in accordance with Your Subscription, subject to the fees. Services include general, primary-care services for its patients, including, bundled with our telehealth, wellness, and other enhanced medical benefits: certain types of vaccinations, wellness exams, physicals; non-emergency, sick-care services for illnesses (such as colds, flu, stomach aches or ear infections) or minor injuries; health and wellness advising, and certain other services. Forward is constantly seeking to improve and expand upon its service offerings and will describe additional offerings, which will be covered by these Subscription Terms, as they are made available to You. The benefits of the Subscription may be enhanced or modified at any time without prior notice. Services included in each Subscription are listed on the Platform and the Forward website, and are subject to change at any time at Forward’s sole discretion. As noted above, Your Subscription does not cover (i) any ancillary services; (ii) any services provided by third parties; (iii) hospital services, emergency room visits, or urgent care facility visits; (iv) appointments with other providers or specialists referred to You by a Provider; (v) radiology; (vi) lab tests by outside companies; (vii) durable medical equipment; or (viii) any services not expressly listed as included in Your applicable Subscription (collectively, the “Excluded Services”). You acknowledge that Forward is not responsible for any medical bills incurred for any Excluded Services, even if one or more Forward practitioners have referred You for such services. If a Forward practitioner refers to You a third party provider, You will be responsible for the costs of any services rendered by that third party provider.
PLEASE CAREFULLY REVIEW THE TERMS OF THE INFORMED CONSENT FOR TELEHEALTH SERVICES AS IT GOVERNS YOUR RELATIONSHIP WITH FORWARD’S TELEHEALTH SERVICES.
Medical Scribes: As a patient of Forward, you may be consulting with or receiving medical treatment or services from Forward healthcare providers, including physicians, nurse practitioners, nurses, and other health professionals (“Providers”). We may have Forward employees and/or contractors who act as “scribes” for your conversations with your Provider(s) during your appointments in order to ensure that the information you give to your Provider(s) is effectively captured and included in our records. These scribes are located remotely and cannot see you, but they can hear your conversation with your Provider(s) and they input the information you tell your Provider(s) into our records. Your conversation is not recorded, but the scribes will be able to hear your conversation with your Provider(s). We believe that using these scribes allows your Provider(s) to focus on you while also ensuring your information is captured in your records.
Due to the integral role our scribes play in the way our practice and technology operate, if you do not agree to the use of a scribe, you will not be able to use Forward’s services or meet with our Providers. By meeting with any Provider or failing to inform Forward of your objection to the use of a scribe, you are agreeing to the use of a scribe as described in this Agreement.
Platforms for Care Delivery: Forward may provide Services to You in-person or virtually. In-person services may be rendered at various locations, including without limitation, a Forward clinic, a mobile or temporary care location or at Your home. Nothing in these Subscription Terms should be construed to indicate that the GoForward is a healthcare provider or that the website or any other platform operated by GoForward for the Forward Entities provides medical services or medical advice.
You acknowledge and agree that You have requested to receive medical treatment and services from Forward and other healthcare providers through or at any of these potential care delivery platforms, and You consent to the rendering of medical treatment and services as considered necessary and appropriate by such providers at the time of the visit. You have the right to decline treatment and services at any time. You also acknowledge that no assurances or guarantees have been made to You by concerning the outcome and/or results of any medical treatment or services.
Access to Medical Record Through Platform: Forward may provide you with access to certain components of your medical records through the Platform, including lab and genetic test results and other health data gathered by Forward and/or provided by you. By clicking “Agree” and/or signing this Agreement or using the Service, you acknowledge and agree that Forward may make your medical record accessible through the Platform, and that it is your responsibility to keep your computer, phone and other devices you use to access the Service secure.
Emergencies: Services are NOT for use for medical emergencies or urgent situations. If You believe there is an emergency or that someone needs immediate medical assistance, please call 911 and seek immediate medical help.
Your Conduct: Forward may provide You with access to certain components of Your medical records through the Platform, including lab and genetic test results and other health data gathered by Forward and/or provided by You. You acknowledge and agree that Forward may make Your medical record accessible through the Platform, and that it is Your responsibility to keep Your computer, phone and other devices You use to access the Service secure.
You agree that You will not engage in any misconduct during Your use of the Service. Misconduct includes, but is not limited to, violent acts, derogatory verbal remarks, sexual advances, trespassing on Forward property, and discrimination based on race, color, national origin, disability, or sexual identity. You agree to not cancel visits within 24 hours, unless You have an emergency.
State Laws: We operate subject to state regulations, which means the Subscription Terms may need to be modified to reflect such requirements. If Your state requires such modification, the Subscription Terms will be modified only to the extent required by law.
Refusal of Services: We may, in our sole discretion, refuse to provide Services to You based on any non-compliance with these Subscription Terms or for any other reason. If required by law in the state in which You are located, We will make sure You are provided such required notice prior to termination of Your Subscription. We may ask You to provide different types of proof of identity documents and contact You by telephone, mail, or email to verify certain information, confirm certain actions, and generally take measures to prevent fraud.
Subscribers with Government Coverage: As we understand it, Medicare does not currently pay for any of the medical services or products made available through the Services as performed by Forward. By agreeing to use the Services, you acknowledge and agree that: (1) your Subscription Fee, for which you are solely responsible, is the only payment obligation for all medical services and products provided to you by Forward, and (2) Forward will not bill any federal or state health care program for such medical services or products. Forward cannot serve Medicaid enrollees in states where prohibited.
Third Party Goods and Services: Forward or GoForward may, from time to time, make available to You for purchase or provide them in connection with Your Subscription certain services devices, items or products, including genetic testing (“Third-Party Goods and Services”) manufactured, distributed or sold by parties other than Forward or GoForward (“Third-Parties”). Neither Forward nor GoForward (including their agents, officers, directors and employees) will have any responsibility or liability for Your use of any Third-Party Goods and Services, Your interactions with Third-Parties or any failures or defects of any Third-Party Goods and Services. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction involving Third-Parties or using any Third-Party Goods and Services.
Genetic Testing: Forward works with a third-party genetic testing company to make available certain genetic testing for you. To participate in such genetic testing, you will be required to agree to a separate Informed Consent for Genetic Testing, which would then be considered part of this Agreement and the terms and conditions of this Agreement, including the disclaimers, limitations of liability and binding arbitration/class waiver, will apply to any genetic testing performed for you.
ANY TECHNOLOGY USED IN THE DELIVERY OF CARE, INCLUDING THE SERVICE, OR ANY THIRD-PARTY GOODS AND SERVICES SOLD OR OTHERWISE MADE AVAILABLE TO YOU BY FORWARD OR GOFORWARD IS ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF SUCH TECHNOLOGY OR THIRD-PARTY GOODS AND SERVICES IS VOLUNTARY AND AT YOUR SOLE RISK. FORWARD AND GOFORWARD TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
IN NO EVENT SHALL FORWARD OR GOFORWARD BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE ANY TECHNOLOGY, INCLUDING THE SERVICE, OR ANY THIRD-PARTY GOODS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORWARD ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FORWARD PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
FORWARD SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE, MISUSE OR INABILITY TO USE ANY SERVICES OR TECHNOLOGY. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF ANY TECHNOLOGY, INCLUDING THE SERVICE, OR ANY THIRD-PARTY GOODS AND SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY TECHNOLOGY, INCLUDING THE SERVICE, AND ANY THIRD-PARTY GOODS AND SERVICES IN CONNECTION WITH FORWARD IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT AGAINST FORWARD FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF SUCH TECHNOLOGY OR THIRD-PARTY GOODS AND SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
YOU, FORWARD, AND GOFORWARD AGREE THAT ALL DISPUTES, CONTROVERSIES AND CLAIMS RELATED TO THIS AGREEMENT, ANY MEDICAL CARE OR TREATMENT PROVIDED BY FORWARD OR PROVIDERS, OR ANY TECHNOLOGY, INCLUDING THE SERVICE, OR OTHER ITEMS OR SERVICES PROVIDED TO YOU BY OR ON BEHALF OF ANY FORWARD PARTY, INCLUDING ANY ALLEGATIONS OF MEDICAL MALPRACTICE OR PRODUCT LIABILITY (EACH A “CLAIM”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION AS DESCRIBED IN THIS SECTION, WHICH MAY BE INITIATED BY EITHER PARTY BY SENDING A WRITTEN NOTICE REQUESTING ARBITRATION TO THE OTHER PARTY. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER.
YOU EXPRESSLY AGREE THAT ANY CLAIM, INCLUDING ANY CLAIM RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The arbitration shall be conducted in San Francisco, California, except that, in the event San Francisco, California is not within 100 miles of Your residence, the arbitration may be conducted within 100 miles of Your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, You may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of any party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then You, Forward, and GoForward agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in San Francisco, California, and the parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, any party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with Your Dispute, whether through class arbitration proceedings or otherwise. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
THE PARTIES AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
You acknowledge and agree that GoForward is a third-party beneficiary of this Agreement and has the right to enforce it against You. Other than GoForward, this Agreement is not intended to, and shall not be deemed to create any rights for or on behalf of any individual or entity other than the parties to this Agreement.
Electronic Communications: By clicking “Agree” or signing, You are consenting to receive communications from Forward and Providers electronically and to have Forward and the Providers communicate with You via email or through the Service. You agree that all agreements, notices, disclosures and other communications that Forward or the Providers provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Forward or GoForward electronically are deemed to be given and received on the date Forward or GoForward transmits any such electronic communication as described in this Section.