Clinic-Patient Agreement

Terms and Conditions

As a patient of MHC Men’s Health Clinic, you understand and agree to the Terms and Conditions outlined on this page:

1. Agreement

You acknowledged when You made payment to Us in respect of Your selected Plan, that an agreement comes into effect between You, the Client, and We, MHC Men’s Health Clinic Ltd (BCIN BC1317300), based on the terms and conditions below (referred to as this Agreement).

2. Services

In return for the Fees paid, We will provide You with ongoing Services in support of Your selected Plan, in accordance with this Agreement.

3. Plans and Fees

The Medical Practitioner shall endeavour to contact you for Your scheduled consultation and call you a maximum of 3 attempts on the agreed date and time of Your appointment. Should you fail to attend Your Medical Practitioner’s consultation, a $50 rebooking fee will be charged.

Payment in full is accepted on all major credit cards.

Erectile Dysfunction Oral Medication	Plan Options	Fee Structure
	Term Plans: 6 months,12 months	Term Plans: Fees payable in advance
	Month to month payment option available on both Term Plans	Month to month payment: - Initial Fee of $575 (including tax) payable in advance. - Direct debit authority for the balance of the Fees for the remaining term of the selected Plan.
Erectile Dysfunction Injects Medication	Order Options	Fee Structure
	1 order	Term Plans: Fees payable in advance
	3 orders
	6 orders
Premature Ejaculation Oral Medication	Plan Options	Fee Structure
	Term Plans: -6 months, 12 months	Term Plans: Fees payable in advance
	Month to month payment option available on both Term Plans	Month to month payment: - Initial Fee of $575 (including tax) payable in advance. - Direct debit authority for the balance of the Fees for the remaining term of the selected Plan.
Testosterone Treatment	Plan Options	Fee Structure
Testosterone Treatment	Term Plans: 3 months, 6 months	Term Plans: Initial Fees of $165 payable in the first instance, which includes an initial consultation with a Medical Practitioner. A Pathology Request form will be provided after the Medical Practitioner's consultation where appropriate, including a follow-up appointment with the Medical Practitioner to review Your blood test results. Following this review if Your Condition is Treatable, Fees for the Treatment are payable in advance for the term of the selected Plan. Further Medical Practitioner's consultations will be charged at the rate of $165 should they be required, which includes ongoing Pathology Request forms with each consultation where appropriate and a final medical consultation with the Medical Practitioner to review Your blood test results.

4. Treatment

You agree to:

fully and transparently inform the Medical Practitioner of Your Condition, its history and any other potentially relevant factors, and fully and truthfully answer any questions asked of You by the Medical Practitioner;
notify Your assigned performance manager in the rare situation that You encounter any problems with Your Treatment, or develop any significant health complication, whether related to Your Condition or the Treatment or otherwise;
inform the Medical Practitioner of any other drugs or medications You are taking from time to time, and of any changes to Your medication routine;
adhere to any instructions or directions provided by the Medical Practitioner; and
the Fees quoted by MHC include all disbursements paid or which become payable within the agreed term of treatment, such as the cost of medical consultations, regular performance management, medical prescriptions, dispatch, administration and any other recommended treatment charges as agreed previously in writing.

5. Confidentiality

The Patient is voluntarily disclosing his personal health information and financial information (“personal information”) for the purposes of obtaining the service. The Clinic will take reasonable steps to protect all personal information. However, the Patient understands that there are risks involved in disclosing personal information. The Patient is voluntarily accepting all of the risks associated with disclosing personal information, electronically or otherwise.

6. Capacity and liability

You acknowledge and agree as follows:

the Medical Practitioners to whom We will refer You as part of the Services are «Opportunities.Province» registered medical practitioners familiar with the Conditions and their treatments, and the pharmacists from whom we will source Your Treatment are registered pharmacists, but We are not responsible for the manner in which they conduct themselves in the discharge of their professional duties and obligations. You release Us from and indemnify Us against any and all claims by You in connection with any act or omission of the Medical Practitioner or of any pharmacist from whom we source Your Treatment.
while we have a deep understanding of the Conditions and of treatment options, We are not registered Medical Practitioners or registered pharmacists and do not purport to represent Ourselves as such.
to the fullest extent permitted by applicable law, We exclude all liability (whether contractual, tortious or otherwise) or consequential loss suffered by You under or in connection with this Agreement, the Services and the Treatment, and limit any residual liability (whether contractual, tortious or otherwise) to You under or in connection with this Agreement, the Services and the Treatment to the Fees paid by You.
You will pay Us the Fees in relation to Your selected Plan, and any other costs, losses, damages or expenses We may suffer or incur in connection with any breach of this Agreement by You.

7. Termination and Refunds

We may terminate the provision of the Services prior to the expiry of the term of Your selected Plan if:

○ the Medical Practitioner determines on medical grounds that Your Condition is no longer suitable for the Treatment; or

○ We are no longer able to provide you with the Services.
Either We or You may terminate the Services (including prior to the expiry of the term of Your selected Plan) by providing the other party with sufficient prior written notice.

Upon the termination of the Services by Us, we will refund You:

(i) prior to the commencement of Treatment (before any medication has been dispatched by Us to the pharmacy on Your behalf)

A refund equivalent to the Fees less a Non-Refundable Fee of:

Administration, Program Enrolment and Medical Practitioner $337

(ii) after the commencement of Treatment (after any medication has been dispatched by Us to the pharmacy on Your behalf)

A refund equivalent to the amount paid less the following refund calculation: the total program Fees multiplied by the percentage (%) value listed in the refund schedule (below) based on Your selected Plan and the number of days since the commencement date of Your program (being the date You visited the Medical Practitioner) or as otherwise determined by Us at Our completed discretion.

Where the amount paid is greater than the value of the refund calculation, that amount shall be the amount of the refund from Us to You. Alternatively, where the amount paid is less than the refund calculation, that amount shall be payable from You to Us.

Refund Schedule:

12 Month Programs
Days	Refund (%)
0 – 60	70%
61 – 120	55%
121 – 180	40%
181 – 240	20%
241 – 270	10%
271+	0%

6 Month Programs
Days	Refund (%)
0 – 30	70%
31 – 60	55%
61 – 90	40%
91 – 120	20%
121+	0%

Trial (2 or 3 Month) Programs
Non-Refundable

Upon the termination of the Services by You, we will refund You:

(i) prior to the commencement of Treatment (before any medication has been dispatched by Us to the pharmacy on Your behalf)

A refund equivalent to the Fees less a Non-Refundable Fee of:

Administration, Program Enrolment and Medical Practitioner $337

(ii) after the commencement of Treatment (after any medication has been dispatched by Us to the pharmacy on Your behalf) the program becomes non-refundable.

8. Non-payment by You:

You agree that You have been charged the program price on entering this agreement and are bound by that charge. You understand and agree that the payment plan is a form of financing the program price, provided to You at Our complete discretion. You agree that we may rescind the payment plan at any time should you fail to make a payment on time. You agree that where we decide to rescind the payment plan due to a failure to make a payment on time, the full balance of the program will become due and payable as of the date of such a rescission and with no required notice from Us to You.

Where you are experiencing financial hardship, please contact us urgently to discuss Your situation and whether we can offer any assistance.

You are expected to make payments under the payment plan on the date that each payment is due. This is a requirement for Us to provide You continued treatment.

Where you fail to make a payment plan payment on time you may be charged a non-payment fee by us of $50 for collection administration. Interest may be charged and accrued at a rate of 20% per annum for late payments.
Where you stop making payments, fail to continue with the payment plan payments, fail to make a payment for over 30 days, or advise us that you will no longer make payments for the payment plan as agreed to under this agreement, you agree that we may charge you a program Cancellation Fee equivalent to the sum of all of the payment plan payments remaining in Your payment plan and that you will pay that Cancellation Fee. This Cancellation Fee does not include any Services or medication. The Cancellation Fee may be discounted by up to a maximum of 15% at our complete discretion and only where no payments are late or where collections activity has not been initiated by Us.
Should you not pay any outstanding payments, or the Cancellation Fee as determined by us, you understand that we may use third party collection Services, credit reporting and other legal remedies in order to recover amounts owed by You to Us, including further costs incurred by Us in collection activities of your debt to Us. You also understand that the Medical Practitioner, pharmacy or other service providers who have provided Services may become creditors to the debts You owe under this agreement and may separately take steps, legal or otherwise, to recover amounts owed by You to them.
Where you initiate a chargeback or raise a dispute through your credit card merchant or bank for amounts previously paid to Us for Services or medications provided to You, You understand that we may take immediate collection action as above in 8. b. We shall also counter the dispute raised by you by providing evidence that you have signed this agreement, agreed by phone, provided us with photo ID, received Services such as Medical Practitioner Services and medication provided by a compounding pharmacy. We shall also immediately place your program on hold pending cancellation. Where we are successful in countering the dispute or chargeback, your program shall be cancelled, and you will no longer be eligible for Services with our business unless you pay to us a chargeback administration fee of $500.

9. Intellectual property

Unless expressly stated otherwise, We are the sole owner of all the copyright, trademarks, trade names, patents and other intellectual property rights created, developed, subsisting or used in Our information, works and other materials We provide You in providing Our Services (MHC Materials), including but not limited to Our education brochures and other information resources.
Except to the extent required for You to receive and use the Services under this Agreement, or as required under law, You must not access, use, republish, reproduce, copy, sell, modify, or otherwise exploit (in full or in part), the MHC Materials, without Our express prior written consent.
This clause 9 survives the termination of this Agreement.

10. Governing law

This Agreement is governed by the laws of your respective province/state in Canada.

I. Governing Law

The Parties hereby agree that:

all aspects of the relationship between the Client/You and Us, including but not limited to Us providing medical services to the Client/You, shall be governed by the laws of your respective province in Canada and
the resolution of any and all disputes arising from or in connection with the relationship between the Client and Us, including but not limited to lawsuits, complaints and/or disputes directly or indirectly related to the standard of professional or medical services, shall be governed by and construed in accordance with the laws of your province in Canada;

II. Indemnification

The Parties hereby agree that:

the medical or other healthcare services provided by Us to the Client/You will be provided by physicians and/or nurses, who are insured in Canada, and licensed to practice in your province; and

The Client/You release Us from and indemnify Us against any and all claims by the Client/You in connection with any act or omission of the Medical Practitioner or of any pharmacist from whom we source the Client/Your Treatment, in any Courts and/or regulatory or administrative bodies.

III. Patient Undertaking and Acknowledgement of Detrimental Reliance

The Client/You hereby expressly acknowledges that:

We have agreed to provide services to the Client/Your in reliance upon the Client/Your Undertaking and Agreement that: in the event the Client/Your has any complaint, demand, proceeding or cause of action arising from or in connection with the relationship between Client/You and Us, the provision of services, and/or the standards of care or practice, that the Client/You will resort only to the Canadian Courts and/or regulatory or administrative bodies of your province; and no other jurisdiction; and
We are relying on the Client/Your Undertaking and Agreement to attorn to the jurisdiction of your province; and
If the Client/You had not agreed to these conditions, We would have declined the Client/Your request for services.

11. Interpretation

In this Agreement:

Client (“You / Your”) means the client signing up to the Plan.

Condition means one or more of Erectile Dysfunction, Premature Ejaculation and Testosterone Deficiency.

Medical Practitioner means one or more of our registered Medical Practitioners (Doctor or Nurse Practitioner) to whom We will refer You as part of the Services.

Fees means the fees payable in respect of Your selected Plan, which will be disclosed to You in writing or on the phone prior to Your decision to pay, and which otherwise reflect the Fee structure referenced in clause 3.

MHC (“We / Our / Ourselves / Us”) means MHC Men’s Health Clinic Ltd (BC1317300)

Plan means one of the plans referenced in clause 3.

Services means the services performed and the Treatments provided by Us and/or the Medical Practitioner under the Plan, including:

initial, and reasonable ongoing, consultation and assessment (typically over the phone) regarding Your Condition and its treatment;

any reasonable further testing (such as a blood test) recommended by the Medical Practitioner;

the provision of a prescription for the Treatment by the Medical Practitioner; and

Treatment for the duration of Your Plan. We will source Your Treatment from a registered pharmacist on Your behalf in accordance with Your prescription and deliver it to You at Your nominated address.

Treatable means that upon consultation and assessment the Medical Practitioner is of the opinion that Your Condition is suitable for treatment by and within the usual and reasonable range of Treatments.

Treatment means the medications and/or therapies prescribed by the Medical Practitioner in relation to Your Condition after consultation and assessment, including any replacement or alternative Treatments that may subsequently be prescribed by the Medical Practitioner.