1. Parties & Organizational Structure
This Terms and Conditions and Refund Policy Agreement ("Agreement") is entered into between you ("Patient" or "you") and Summit Performance & Wellness MGMT LLC ("Summit" or "MSO"). This Agreement governs the management, administrative, and billing services Summit provides in support of the medical practice Wellness MD PC ("the Practice"), a licensed professional corporation in the State of Colorado.
1.1 Role of Summit Performance & Wellness MGMT LLC (MSO)
Summit is a management services organization providing strictly non-clinical services including subscription billing and payment processing, patient scheduling and intake coordination, customer service, marketing, and technology platform management. Summit does not handle, manage, or coordinate medication fulfillment, dispensing, or shipping in any capacity. Summit does not practice medicine, does not provide medical advice, and does not employ physicians or other licensed clinical providers.
1.2 Role of Wellness MD PC (The Practice)
Wellness MD PC is a licensed medical professional corporation in the State of Colorado. The Practice is solely responsible for all clinical services, including patient medical evaluations, treatment planning, prescribing of medications, clinical follow-up, medication fulfillment, dispensing, and shipping coordination, and all provider-patient relationships. All medical decisions are made exclusively by licensed providers employed by or contracted with Wellness MD PC.
1.3 Your Relationships
By enrolling, you enter into two distinct relationships:
- A financial and administrative services relationship with Summit, governed by this Agreement.
- A patient-provider relationship with Wellness MD PC and its licensed providers, governed by separate informed consent and patient intake documents.
2. Agreement to Terms
By enrolling in any program or subscription administered by Summit, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must not enroll.
3. Subscription Plans & Billing
3.1 Available Plans
- Month-to-Month Plan: Billed on a recurring monthly basis with no long-term commitment. Either party may cancel with notice as described in Section 6.
- 90-Day Program — Monthly Payment Option: A 90-day treatment commitment paid in three (3) equal monthly installments. The first payment is due at enrollment; subsequent payments are automatically charged on the same calendar date each month.
- 90-Day Program — Paid-in-Full Option: The full 90-day program cost is charged at enrollment as a single payment, which may reflect a discounted rate.
3.2 Renewal Terms
- Month-to-Month Plans renew automatically each month on the anniversary of your enrollment date unless cancelled in accordance with Section 6.
- 90-Day Programs do not renew automatically. At least fourteen (14) days prior to the end of your 90-day program term, Summit will send a renewal notice. You must provide affirmative written acknowledgment of your intent to renew before a new 90-day term and associated charges will be initiated.
It is your responsibility to ensure your email address on file is current and accurate.
3.3 Payment Authorization
By enrolling, you authorize Summit to charge your payment method on file for all applicable fees, including recurring subscription charges and renewal payments, until your subscription is properly cancelled.
3.4 Price Changes
Summit reserves the right to modify pricing with no fewer than fourteen (14) days written notice prior to your next renewal date. Continued enrollment after the effective date constitutes acceptance of the new pricing.
3.5 Eligible Hero Program
Discounted pricing is available to those who serve our communities and country:
- First Responders (law enforcement, firefighters, paramedics, EMTs)
- Active duty military, veterans, and members of the National Guard and Reserve
- Licensed nurses and other qualifying nursing professionals
- K–12 and post-secondary educators employed in a teaching capacity
Eligibility may be verified at enrollment and periodically thereafter. Providing false or fraudulent documentation constitutes a material breach of this Agreement and may result in immediate termination and recovery of the price difference for all prior billing periods.
4. Refund Policy
4.1 Upfront Medication Dispensing — Critical Acknowledgment
IMPORTANT: You acknowledge that your full supply of medications prescribed by Wellness MD PC for your program term will be dispensed, prepared, and/or shipped at or near the time of program enrollment.
- Wellness MD PC and its pharmacy partners incur the full cost of your medication supply at program outset, regardless of how long you remain enrolled.
- Once medications have been dispensed or shipped, those costs are non-recoverable.
- No refund will be issued for medications that have been dispensed, prepared, or shipped under any circumstances, including voluntary cancellation, non-use, or program discontinuation.
- You are financially responsible for the full cost of all dispensed medications, which is a separate and non-refundable obligation independent of your subscription fees.
4.2 Month-to-Month Plans
Payments for Month-to-Month Plans are non-refundable once a billing cycle has commenced and medications for that cycle have been dispensed. If you cancel prior to your next renewal date, services continue through the end of the paid period with no further charges. No refund will be issued for medication already dispensed.
4.3 90-Day Programs — General Non-Refund Policy
Enrollment in a 90-Day Program constitutes a financial commitment to the full program term. Refunds are not available for discretionary cancellations, including change of mind, dissatisfaction with rate of progress, failure to follow the prescribed protocol, scheduling conflicts, or decision to pursue treatment elsewhere.
4.4 Medical Exception — Service Fee Refunds Only
A partial refund or release from remaining payment obligations may be considered for the service fee component only (not medications) where the Practice's treating provider determines that continuation is medically contraindicated, subject to written documentation submitted within fourteen (14) days, a written refund request, and management approval. Approved refunds are pro-rata for unused service days, minus the full retail cost of all dispensed medications and completed consultation fees.
4.5 Paid-in-Full 90-Day Program
The same non-refundable policy applies for discretionary cancellations. Approved medical exceptions are calculated per Section 4.4.
4.6 Medications — Absolute Non-Refund Policy
Under no circumstances will a refund be issued for medications that have been dispensed, shipped, or compounded, regardless of whether you used them, discontinued voluntarily or for medical reasons, whether the product is unopened, or whether you experienced side effects.
4.7 Consultation Fees
Consultation fees for completed visits are non-refundable. Missed consultations without at least 24 hours notice may forfeit the consultation fee.
5. Non-Payment, Declined Payments & Collection
5.1 Failed Payment Attempts
Summit will attempt to process declined charges up to three (3) times over seven (7) calendar days. You must maintain a valid payment method on file.
5.2 Late Payment Fee
Payments outstanding for ten (10) or more days past due are subject to a one-time $25.00 late fee.
5.3 Service Suspension
Summit may suspend scheduling and patient portal access if payment is not received within seven (7) days of the original due date. Suspension does not cancel your subscription or release you from payment obligations.
5.4 Account Termination for Non-Payment
Balances unpaid for thirty (30) days may result in termination. For 90-Day Monthly Payment Plans, all remaining installments become immediately due upon termination.
5.5 Medication Already Dispensed — Non-Payment
The full retail cost of dispensed medications remains a collectible balance independently of subscription fees. Non-payment does not entitle you to return dispensed medications in lieu of payment.
5.6 Collections & Legal Action
Accounts outstanding sixty (60) days or more may be referred to collections. You agree to be responsible for reasonable costs of collection to the extent permitted by Colorado law.
5.7 Reactivation
Reactivation after suspension or termination requires payment of all outstanding balances, late fees, and a $50.00 reactivation fee. Reactivation is at Summit's sole discretion.
6. Cancellation Policy
6.1 Month-to-Month Plans
Cancel by written notice no fewer than five (5) business days before your next billing date. Cancellations less than five business days before renewal may result in one additional charge.
6.2 90-Day Programs
Cancellation prior to end of term is subject to the refund terms in Section 4. Non- medical cancellations do not release outstanding payment obligations.
6.3 How to Cancel
All cancellations must be submitted in writing via email or certified mail. Verbal requests will not be accepted. Cancellation of administrative enrollment with Summit does not automatically terminate your patient relationship with the Practice.
6.4 Summit-Initiated Termination
Summit may terminate your enrollment for false information, abusive conduct, repeated failed payments, or upon the Practice's discontinuation of clinical care. If Summit terminates for reasons beyond your control (e.g., ceasing operations), a pro-rata refund of unused administrative service fees will be issued.
7. Telehealth & Clinical Services Acknowledgments
- All medical consultations, evaluations, prescribing decisions, and clinical follow-up are provided exclusively by Wellness MD PC.
- Telehealth services involve healthcare delivery via electronic communications and may differ from in-person care.
- Results from peptide and GLP-1 therapies vary. Neither the Practice nor Summit guarantees specific outcomes.
- You are responsible for disclosing complete and accurate medical history.
- Prescriptions are issued solely at the discretion of licensed providers at Wellness MD PC.
- For medical emergencies, call 911 immediately.
8. Patient Compliance, Prescribed Dosing & Assumption of Risk
8.1 Obligation to Follow Prescribed Protocol
By accepting a prescription and initiating treatment, you agree to strictly follow the dosing schedule, administration instructions, and treatment protocol prescribed by your treating provider. Deviating from your prescribed plan is dangerous and is done entirely at your own risk.
8.2 Prohibition on Self-Adjustment of Dosage
You are expressly prohibited from modifying your prescribed dosage without prior authorization. This includes increasing dose beyond what was prescribed, administering more frequently than prescribed, combining with non-approved substances, or sharing medications with others.
8.3 Early Depletion Due to Non-Compliance
Early depletion due to self-adjustment or non-compliance is your sole responsibility. Neither Summit nor the Practice will replace depleted medications, issue refunds for consumption in excess of protocol, or issue early refills for non-prescribed use.
8.4 Assumption of Risk & Indemnification
You expressly assume all risks associated with deviation from your prescribed treatment protocol. To the fullest extent permitted by Colorado law, you agree to indemnify, defend, and hold harmless both Summit and Wellness MD PC from any claims arising from non-compliant use of prescribed medications.
8.5 Duty to Report Adverse Reactions
You agree to promptly notify your treating provider of any adverse reactions or unexpected symptoms. Failure to report while continuing self-modified dosing is a material breach of this Agreement.
8.6 Provider's Right to Modify or Discontinue Treatment
Treating providers retain sole authority to modify, pause, or discontinue treatment based on clinical judgment. Discontinuation due to patient non-compliance does not entitle you to a refund.
8.7 No Guarantee of Resupply
Neither Summit nor the Practice is obligated to prescribe, dispense, or ship additional medication to patients whose prior supply was depleted due to non-compliance or who have been discontinued from treatment.
9. Limitation of Liability
To the maximum extent permitted by applicable law, neither Summit nor Wellness MD PC, nor their respective members, managers, officers, employees, contractors, or affiliated providers shall be liable for any indirect, incidental, consequential, special, or punitive damages arising out of the services, including adverse reactions to medications, failure to achieve desired outcomes, or interruption of services. Summit's total liability for any claim shall not exceed the total amount paid by you to Summit in the ninety (90) days preceding the claim. Nothing in this section limits liability for gross negligence or willful misconduct.
10. Governing Law & Dispute Resolution
This Agreement is governed by the laws of the State of Colorado. Any disputes shall be resolved in the state or federal courts located in Colorado. Before initiating legal proceedings, both parties agree to attempt good faith resolution through direct communication within thirty (30) days of written notice.
11. Contact Information
Summit Performance & Wellness MGMT LLC (Billing, Subscriptions, Refunds, Cancellations) — 6140 S Gun Club Rd. Ste. K6-246, Aurora, CO 80016 · 720-610-2027.
Wellness MD PC (Clinical Care, Medical Questions, Adverse Reactions) — Colorado. For medical emergencies, call 911.
12. Modifications to This Agreement
Summit reserves the right to modify this Agreement. Material changes will be communicated via email no fewer than fourteen (14) days before taking effect. Continued enrollment constitutes acceptance.
13. Entire Agreement & Severability
This Agreement constitutes the entire agreement between you and Summit regarding administrative and billing services and supersedes all prior agreements on those subjects. If any provision is found unenforceable, the remaining provisions remain in full force.