1. Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the telehealth services (“Services”) provided by Lesher Wellness (“we,” “us,” or “our”), including through our websites, mobile applications, SMS numbers, and other digital platforms.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by any additional policies referenced herein.
2. Nature of Telehealth Services
Telehealth involves the use of electronic communications and information technologies to provide clinical services, patient education, and related support at a distance.
Such technologies may include video conferencing, audio-only calls, SMS and other messaging, electronic transmission of medical records, and remote monitoring devices.
3. Eligibility, Contact Methods, and Patient Responsibilities
To use the Services, you must be (a) at least 18 years old or the legal age of majority in your jurisdiction, or (b) a minor whose parent or legal guardian has provided valid consent and participates as required.
You agree to provide accurate, current, and complete information about yourself, including your identity and physical location (city and state), and to promptly update such information as needed.
If you provide a mobile phone number, send us an SMS message, or otherwise contact us using one of our SMS numbers, you consent to our use of SMS to contact you for purposes related to scheduling, coordination of care, service updates, and administrative matters; however, providing a mobile number and receiving SMS messages is optional and not a condition of receiving care.
Standard message and data rates may apply, and you may opt out of non-required SMS communications at any time by following the instructions in the message (for example, replying “STOP”), though you understand that opting out may limit our ability to communicate with you via that channel.
You are responsible for all activity that occurs using your accounts or contact methods and agree not to share access credentials with others, except as appropriate for parents/guardians managing care for minors.
4. Verification of Identity and Location
Before Services are provided, we may verify your identity using reasonable means such as requesting a government-issued photo ID or other identifiers.
You agree to accurately disclose your current physical location at the time of each telehealth encounter and acknowledge that Services may be limited or unavailable if you are located in a jurisdiction where our clinicians are not licensed.
5. Informed Consent for Telehealth
By using the Services, you give your informed consent to receive care via telehealth and acknowledge that: (a) you may withdraw consent at any time; and (b) your withdrawal will not affect your right to future in-person care where available.
You understand that telehealth has certain risks and limitations, including potential interruptions, unauthorized access, and reduced ability to perform certain physical examinations compared to in-person visits.
6. Risks, Benefits, and Alternatives
Potential risks of telehealth include, but are not limited to: technical failures, delayed evaluations due to transmission issues, incomplete information resulting from technology limitations, and data security incidents.
Potential benefits include increased access to care, reduced travel time, and the ability to obtain certain services more quickly and conveniently; you may request information about alternatives, including in-person care, where available.
7. Standard of Care and Limitations
Our Provider will deliver Services consistent with the professional standards applicable to comparable in-person services in the state where you are located at the time of care.
You acknowledge that telehealth may not be appropriate for all conditions, that our clinicians may determine telehealth is not clinically appropriate for you, and that you may be referred for in-person evaluation, emergency care, or another provider.
8. No Emergency or Crisis Care; No General Medical Advice
The Services are not intended for medical emergencies or behavioral health crises.
If you believe you are experiencing an emergency, you agree to immediately call 911 (or your local emergency number) and/or go to the nearest emergency room rather than using the Services.
Content on our website, including but not limited to blogs, educational articles, FAQs, tools, and provider listings, is provided for general informational and educational purposes only and does not constitute medical advice, diagnosis, or treatment.
Only advice, diagnoses, and recommendations provided directly to you by our licensed clinicians during telehealth encounters and incorporated into your individual treatment plan constitute medical advice specific to you.
9. Privacy, Confidentiality, and Data Security
We maintain policies and procedures to protect the privacy and security of your health information in accordance with applicable federal and state laws, including HIPAA where applicable.
Despite these safeguards, you acknowledge that the use of electronic communications carries some risk of unauthorized access, data loss, or disclosure of protected health information.
10. Technology Requirements and Responsibilities
You are responsible for obtaining, maintaining, and securing the equipment, software, and internet or cellular connection necessary to access the Services, including any device used to receive SMS messages from us.
You agree to take reasonable steps to protect the confidentiality of communications, such as using private spaces, password-protecting your devices, and keeping your contact information up to date.
We are not responsible for failures, delays, or interruptions in the Services caused by failures of your equipment, network, or telecommunications providers.
11. Prescriptions and Treatment Decisions
Any diagnosis, treatment recommendations, or prescriptions provided through the Services will be made at the professional discretion of the treating clinician and in compliance with applicable laws and regulations.
You understand that certain medications or controlled substances may not be prescribed via telehealth, and that clinicians may require an in-person examination or additional tests before prescribing.
12. Medical Records and Documentation
We will maintain a record of your telehealth encounters as part of your medical record in accordance with applicable law and professional standards.
You may request access to your medical records, and such requests will be handled consistent with our Notice of Privacy Practices and applicable federal and state laws.
13. Insurance, Payment, and Billing
If you choose to use insurance, coverage for telehealth services depends on your health plan and applicable state or federal laws, and not all Services may be covered.
You are responsible for confirming coverage with your insurer and for all charges not covered by insurance, including copayments, coinsurance, deductibles, and non-covered services, which may be billed directly to you according to our fee schedule.
For self-pay or cash services, you agree to pay the fees disclosed to you at or before the time of service, subject to any additional policies we may provide.
14. Patient Conduct and Use of the Platform
You agree to use the Services only for lawful purposes and in a manner consistent with these Terms and all applicable laws and regulations.
We reserve the right to terminate or suspend your access to the Services if you engage in abusive, threatening, discriminatory, fraudulent, or otherwise inappropriate behavior toward staff, clinicians, or other patients.
You agree not to attempt to gain unauthorized access to any systems, networks, or data associated with the Services.
15. Intellectual Property and Website Content
All content, software, and materials available through the Services and on our website, including logos, text, graphics, audio, video, blogs, educational materials, and provider listings, are owned by us or our licensors and are protected by intellectual property laws.
This content is provided for general informational and educational purposes only, does not create a clinician-patient relationship on its own, and does not constitute medical advice unless expressly provided to you by a clinician as part of your treatment plan.
You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial healthcare use and agree not to copy, modify, distribute, or create derivative works from the Services.
16. Third-Party Services and Links
The Services may contain links to or integrations with third-party websites, applications, or services that are not controlled by us.
We are not responsible for the content, privacy practices, or availability of such third-party services, and your use of them is subject to their separate terms and policies.
17. Disclaimers
Except as otherwise required by law, the Services are provided “as is” and “as available,” without any express or implied warranties regarding availability, accuracy, completeness, or fitness for a particular purpose.
Nothing in these Terms limits your clinician’s professional obligations under applicable law, but we do not guarantee particular outcomes or improvements in your condition.
18. Limitation of Liability
To the fullest extent permitted by law, our total liability to you for any claims arising out of or related to these Terms or the Services is limited to the amount you paid for the Services giving rise to the claim during the twelve (12) months preceding the event.
We are not liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss resulting from failures of telecommunications or technology used in connection with the Services.
19. Indemnification
You agree to indemnify, defend, and hold harmless Lesher Wellness, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or misuse of the Services, except to the extent such claims arise from our own negligence or willful misconduct.
This obligation will survive termination of your use of the Services.
20. Changes to Terms and Services
We may update these Terms or modify or discontinue the Services from time to time, subject to applicable legal requirements.
Material changes will be communicated to you through reasonable means, such as via the platform, SMS, or email, and your continued use of the Services after such changes become effective constitutes acceptance of the updated Terms.
21. Termination
You may stop using the Services at any time, subject to any obligations that have already accrued, such as payment for services rendered.
We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or applicable law, or if we discontinue offering the Services.
22. Governing Law and Dispute Resolution
These Terms are governed by the laws of the state where Lesher Wellness is primarily located, without regard to its conflict of laws principles, unless otherwise required by law.
Any dispute arising out of or relating to these Terms or the Services shall first be addressed through good-faith negotiations; if unresolved, disputes may be submitted to mediation or binding arbitration, except where prohibited or limited by applicable law.
23. Severability and Entire Agreement
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
These Terms, together with our Notice of Privacy Practices and any additional consents or agreements you sign in connection with the Services, constitute the entire agreement between you and us regarding the Services.
24. Contact Information
If you have questions about these Terms or the Services, you may contact us at:
- Email: admin [at] lesherwellness [dot] com
- Address: 720 Seneca St. STE 107, Seattle WA 98101.
By using our telehealth Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.