BioIVTherapy Terms and ConditionsMarch 2, 2021 2021-03-02 16:03
BioIVTherapy Terms and Conditions
Terms and Conditions
BioIVTherapy Terms and Conditions
These Terms and Conditions (the “Terms”) are entered into by and between You, a client of BioIVTherapy, and BioIVTherapy . These Terms are an express condition precedent to You receiving any services from BioIVTherapy and, should you accept these Terms, the Terms will at all times govern Your use of BioIVTherapy’ services and products. Please read the Terms carefully. By clicking below to accept the Terms, You agree to be bound and abide by the following terms and conditions:
- Scope of Work. BioIVTherapy offers intravenous (IV) hydration, intramuscular (IM) injections, subcutaneous injections, vitamin/supplement administration, COVID testing and medication administration services (collectively, “Services” and, for individual services, “Service”). All Services are provided on a per-visit or per-Service administration basis, which means that once the particular Service is administered to You, BioIVTherapy’ engagement and relationship with You will end. BioIVTherapy will not have any ongoing obligations or duties to You, to follow up or evaluate Your response to any Services. You understand and acknowledge that BioIVTherapy is not Your primary or other physician or medical professional, and that any need for other services will need to be pursued by You independently of BioIVTherapy, based on professional medical opinions and Your needs.
By clicking below, you agree to receive the specific Service You have selected. BioIVTherapy does not serve as a medical practitioner. There is no patient-physician or patient-provider relationship established by Your purchase of Services from BioIVTherapy. BioIVTherapy will perform an initial screening to confirm that you may receive Services. You are voluntarily electing to receive the Services, and You acknowledge that, by agreeing to these Terms, You are providing informed consent to receive the Services from BioIVTherapy. BioIVTherapy has not prescribed any Service to You, and BioIVTherapy will not act in any medicinal, prescribing, or medical role towards You. All Services You elect to receive, and purchase are being selected by You entirely freely and voluntarily, without any influence, undue or otherwise, from BioIVTherapy.
If You wish to purchase additional Services from BioIVTherapy, You will have to do so through www.BioIVTherapy.com.
BioIVTherapy reserves the right to terminate or refuse Services at any time, in its sole discretion, for any legal reason, including for failure to pay, declined payment, or any other reason.
- Fitness for Services. By accepting the Terms, You hereby represent, covenant, and warrant that: (a) You are fit, healthy, able and physically and mentally capable of receiving Services; (b) You do not have any medical or health condition, known or unknown, brief or chronic, or of any kind, that prohibits You from receiving the Services; (c) You do not have any medical or health condition that would or could be exacerbated or increased through the receipt of Services; (d) You have reviewed the information about the Services, consulted a physician, and are voluntarily, knowingly, and without hesitation choosing to receive the Services. You acknowledge that the Services have not been evaluated by the Federal Drug Administration, and BioIVTherapy makes no representation about the quality, effect, or content of the materials and products being used in the Services. With the exception, You acknowledge that any Services are not being provided with the intention to, diagnose, treat or cure any disease, condition, ailment, or sickness. You expressly represent and warrant that, in the event of an emergency following the receipt of Services, You understand that You will need to seek prompt and immediate care from a licensed medical professional and not BioIVTherapy. I confirm that I am: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Services. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Services while receiving the same. I will also follow all instructions, recommendations, and cautions of the Company at all times during my receipt of the Services. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Services, or I begin experiencing any negative symptoms, I will immediately discontinue further participation in the Services and immediately seek medical attention.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Services. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
- Privacy of Information and Confidentiality. BioIVTherapy will maintain any and all information provided by You to BioIVTherapy as confidential, and will not disclose in any forum or in any manner the fact that You utilized BioIVTherapy’ services, the nature and name of Services utilized by You, the fees You paid to BioIVTherapy for any Service, or any personal, sensitive or medical information that You might disclose to BioIVTherapy. BioIVTherapy will take commercially reasonable measures to protect the confidentiality and privacy of your private information. No information about You, that is in BioIVTherapy’ possession, will be disclosed unless required by law. Should any third-party require or request information about You, we will notify You of any such request before providing a response.
- Use of Your Image and/or Name. Notwithstanding anything contrary in this Agreement, by consenting to these Terms, You hereby consent to having Your name and/or Your picture/likeness/image used by BioIVTherapy for promotional, business development and marketing purposes (“Marketing Reasons”). Any photographs taken of You or Your surroundings in the course of receiving Services may be used on the Company’s website, promotional materials, or printed advertisements that the Company may put out (“Advertisements”). You hereby acknowledge that You have no expectation of privacy in having your name, image or likeness used by the Company for Marketing Reasons in Advertisements. To opt out of providing your consent to this Section 4 of the Terms, please check the box below:
☐ I wish to be opt out of providing consent to Section 4 of the terms.
- You agree to pay the Fees for each of the Service(s) You select to receive. BioIVTherapy does not issue any refunds at any time. All transactions are final. Cancelled Services for any reason will not be reimbursed.
- Warranties. I am aware and understand that the receipt of Service(s) is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I am also aware that I may have unintended and unpredictable adverse reactions to the Services, such as but not limited to, an allergic reaction, a rash, or more serious side effects, which may result in serious illness, personal injury, disability, death, and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Services, the Company cannot guarantee that I will not be injured or experience any side-effects due to my receipt of Services. I am aware and understand that obtaining Services may increase the risks of injury, disability, or death. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY RECEIVING SERVICES WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE SERVICES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to my receipt of Services, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers.
- Miscellaneous Terms. The Terms is the sole and entire agreement between You and BioIVTherapy regarding Your use of BioIVTherapy. The Terms supersede all prior and contemporaneous understandings, agreements, representations, warranties, both oral and written regarding BioIVTherapy. The Terms constitute an agreement between BioIVTherapy and You, and does not inure to the benefit of any third party. For purposes of the Terms, “You” refers to the individual who agrees to the Terms and/or the individual or entity, regardless of form, that pays for BioIVTherapy and does not include any successors, assignees, spouses or dependents, or any other potential party in interest that may stand in Your place for any legal purpose. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms are not assignable by You.
- Venue and Choice of Law. The Terms will be interpreted in accordance with the laws of New York State. All matters relating to BioIVTherapy, the Terms, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of New York State, without giving effect to any choice or conflict of law provision or rule. Any claim, suit, action, or proceeding arising out of or related to BioIVTherapy, the Terms, or BioIVTherapy generally will be instituted and heard in Queens County, New York State.
- Arbitration. You agree to resolve any and all claims, lawsuits, challenges or disputes that You may bring, file, or initiate, and which arise out of or relate to Your use of BioIVTherapy, the Terms, or any relationship with BioIVTherapy (“Claim”) through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. You waive the right to bring any Class on a class or any other collective basis, and agree to only bring Claims on an individual basis.
- Acknowledgment. You acknowledge that You have read and fully understand the Terms, that no guarantees or assurances have been made regarding the content, results or potential side-effects of any Service.
- Condition to Receipt of Services. You understand that the Terms constitute a condition precedent under which we will undertake to provide services to You through BioIVTherapy. If You find the Terms acceptable, please click below to indicate Your agreement and continue to the Payment terms. BioIVTherapy will only provide Services on the condition that You agree to these Terms.
- By checking this box I acknowledge and agree to the Terms.