The person listed in the Member Information (the “Member”) agrees to the terms and conditions of this Primary Care Membership Agreement and Authorization (the “Agreement”) with Irvine Valley Veterinary Hospital (the “Provider”) for the benefit of the pet listed in the Pet Information section above (the “Pet”).
General: The Provider shall provide the Member the services listed in Appendix A for the Primary Care Membership (the “Plan”).
Missed Appointments: Provider reserves the right to charge a missed appointment fee of $102.90 plus any charges that would apply if this Agreement were not in effect if any scheduled appointment for a consultation, surgery or other procedure is missed without at least 48 hours cancellation notice by Member prior to the scheduled appointment. Member will not be able to use Primary Care Services until the charges resulting from the missed appointment are paid in full.
Exclusions: The following items and services are not included in this Agreement:
1. Any service that is performed in addition to the primary care consultation; and
2. Any service, including any consultation, that is performed by a Specialist; and
3. Any service performed at our emergency facility located at 14980 Sand Canyon Ave., Irvine CA 92618, with the exception of the consultation when transferred directly from our primary care facility; and
4. Services at any other institution, clinic or hospital other than the primary care facility located at 15435 Jeffrey Rd., Suite 107, Irvine CA 92618.
Non-Transferrable: This Agreement and the services provided under it are NOT transferable or assignable to any other Pet. This Agreement applies only to the Pet designated above.
Plan Price and Service Charges: The initial price of the Plan is the price in effect at the practice where the Pet is enrolled. The price of any subsequent plan period is the price in effect upon the renewal date. Provider reserves the right to adjust fees, services and the terms and conditions of this Agreement as of the date of any renewal of this Agreement.
Automatic Renewal: This Agreement is effective on the start date shown above in Plan Details (the “Start Date”) for an initial term per the plan period designated above (the “Plan Period”). The Plan will automatically renew at the end of the plan period for subsequent plan periods until Member or Provider cancels this Agreement as described in the “Cancellation” section below.
Payments: Annual payment installments will be deducted from Member’s credit, debit or bank account. Member authorizes Provider and its servicer, Authorize.net, to debit/charge the account of the Member. Member further agrees to provide updated or replacement account information to Provider at least 30 days prior to any change or closure of the account. An overdraft/re-processing fee of $25 will be billed to Member for insufficient funds, over limit status or any other reason a payment is unable to be processed based on 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. Provider reserves the right to withhold service if the Member’s account is not current.
Debit Authorization: You authorize us, or our servicing partner, Authorize.net, to initiate debits as deductions from your designated payment card or Bank Deposit Account for payments that come due each period, with regard to the balances due under this Agreement. If your payment date falls on a weekend or holiday, your account will be debited the business day prior to your normal pay date. This Authorization becomes effective at the time you sign this Agreement and will remain in full force and effect until we have received notice of revocation from you and either the obligations under the Agreement are paid in full or a replacement account for the payment card or ACH debits is established. You may revoke this authorization for a debit against your payment card or ACH debit entry to your Account(s) by giving written notice of revocation to us, which must be received by us no later than 3 business days prior to the due date of your agreement.
Cancellation: All Primary Care Membership Fees are non-refundable. Primary Care Membership Services that are cancelled in the middle of the payment period will not have prorated billing, refunds or other credits. To cancel a membership, or to cancel automatic renewal, you must contact us.
Default: In the event Member fails to pay any annual installment on or before its due date, Provider has the option to immediately cancel this Agreement or discontinue Plan services. If Member should decide to join the Primary Care Membership again, Member may be placed on a waitlist if membership is already at capacity.
Entire Agreement: This Agreement constitutes the entire agreement between Provider and Member concerning the subject matter hereof. Member warrants that Member has not relied upon any promise or representation not set forth expressly in this Agreement. This Agreement be amended, and provisions of this Agreement may be waived, only by a signed, written agreement.
Choice of Law; Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the state or commonwealth where the Provider’s facilities are located, and the courts of that state or commonwealth shall have exclusive jurisdiction over any claim or dispute concerning the interpretation or enforcement of this Agreement. Each party consents and agrees that such courts shall have personal jurisdiction over such party.
Severability: If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
Further Assurances: As a condition to Provider’s obligation to provide services to the Pet under the Plan, the Member shall execute and deliver consents, limitations or waivers of liability, arbitration provisions, or any other documents as Provider may from time to time request of its clients in the normal course.
Services Made Available by Provider Under This Agreement
The services provided for in this Agreement are scheduled to be delivered within 12 months of the start of each Plan Period. The first Plan Period begins as of the Start Date noted in this agreement. Services unused in any Plan Period do not carry over to the next Plan Period. Listed services refresh upon renewal based on the then current rates of the Plan to which the Pet's Plan was renewed. Member agrees to pay Provider the annual Primary Care Membership fee stated above.
Incorporation of Other Documents: The documents if any, that Provider has attached, are incorporated herein and made a part hereof.
