MEMBERSHIP IS NOT AN INSURANCE POLICY:

• Individual understands that they are purchasing a membership to an identified group in order to receive access to a discounted rate plan for medical services.
• That discounted rate plan is being offered by CIMA Medical Centre, network of clinics and covers services provided only at their clinic locations.
• Member understands that this is NOT an insurance plan.
• Member should not consider it to be an insurance plan or use it as a substitute for an insurance plan.

DEFINITIONS:

• Membership: For the purpose of these "Terms and Conditions" Membership is defined as an agreement entered into voluntarily by all parties. Terms of
• Membership provide that for an established monthly rate the Member receives standard medical care as then provided in the normal course of business by CIMA Medical Centre at a pre-established discounted rate.
• Member: The term which identifies the individual who pays Dues and is provided with a Membership to the CIMA Medical Centre "CIMA Medical Solutions" Membership Program.
• Minor: Will have the same meaning as that established by the State of Ontario.
• Dues: The monthly rate charged by CIMA Medical Centre for inclusion in the "CIMA Medical Solutions" Membership Program.
• Family Member: Immediate family members living in the home of the Member (husband, wife, children and stepchildren).
• Provider: Physician, Nurse Practitioner, and Physician Assistant

MEMBERSHIP RESTRICTIONS:

• A Member's privileges are subject to their having no outstanding amounts due CIMA Medical Centre.
• Member must present a current Membership card or picture ID in order to receive Membership benefits.
• Members must pay their first and last month of Membership Dues upon registration.
• Dues will be charged and deducted on a prospective monthly basis.
• Minors may not be seen by staff without a parent or legal guardian being present or as allowed by Ontario law.
• One free Membership card will be issued per Member. Replacement cards may be acquired for a fee as set by CIMA Medical Centre.
• Membership rates and hours of use are subject to change without notice.
• Membership is non-transferable.
• Since the medical services included in Membership are "covered services" persons with Medicare or Medicaid coverage are not eligible to be a Member.

MEMBERSHIP RATES:

• Member will be responsible for Dues of $65 per month. (Paid Quarterly)
• Member will be responsible for a per visit utilization fee of $35 to be collected at the time of service.
• Primary Member understands that they are responsible for payment of their Dues as well as those of all other Family Members covered under their Membership.

TREATMENT INCLUDED IN MEMBERSHIP:

• Only those healthcare services provided by CIMA Medical Centre in the normal course of business subject to the sole discretion of CIMA Medical Centre.
• Treatment that is currently included within the Membership:
  
  • Urgent care and primary care office visits, routine physicals, laboratory tests performed on site at CIMA Medical Centre clinics (i.e. blood sugar, pulse ox, urinalysis, pregnancy test, strep screens, hemacue, flu screens), x-rays, EKG's, IV fluid administration, respiratory therapy, simple laceration repair, injections, injectable medicines, tetanus immunization, flu vaccines when available, splints, slings, and office procedures that are then provided in our clinics.

TREATMENT EXCLUDED FROM MEMBERSHIP:

• Weight Loss Program
• Prescriptions
• Services that CIMA Medical Centre will not provide at the time Member seek medical care.
• Member understands that the list below is provided for example only and does not include all of the services that are excluded from coverage under the terms of their Membership. Excluded services include:
  
  • Life threatening events such as gunshot wounds, heart attacks, and serious infections, hospitalizations and treatment with other doctors or providers at another facility that is not CIMA Medical Centre, special diagnostic studies such as outside labs, ultrasounds, doppler studies, mammograms, MRI's, CAT scans, PET scans, and other special x-rays that are not provided at CIMA Medical Centre, physical and occupational therapy, chronic pain management, psychiatric emergency management, outpatient pharmacy, and any emergency care that the attending physician or mid-level Provider believes should, in the best interest of the Member, be provided by another Facility.

MEMBER USAGE:

• Certain situations may require further medical attention including but not limited to: medical prescriptions, referral to a specialist, referral to a hospital, or treatment that is not included in your Membership. The costs of any charges associated with these additional services are NOT covered by this Membership. Any such cost is the sole responsibility of the Member.
• CIMA Medical Centre reserves the right, in its sole discretion, to cancel Membership for inappropriate use of the urgent care or appointment based services, including but not limited to request for services that are not then currently provided CIMA Medical Centre.
• The attending physician or mid-level Provider will determine the appropriateness of Members' visit.

TERMINATION OF MEMBERSHIP:

• Membership may be terminated by any of the following methods:
• Member provides the CIMA Medical Centre corporate office with written notice of termination via certified letter. Member benefits will end at the end of the month in which the notice of termination was received.
• Member fails to allow CIMA Medical Centre the authority to withdraw/charge the monthly fee.
• CIMA Medical Centre has the right to cancel Memberships at any time for any reason. If they choose to terminate the Member's Membership, that termination will become effective immediately.
• Falsification of identification or failure to pay will result in immediate termination of Membership, assessment of utilization fee, full price charges for any services rendered, and the full pursuit of the legal rights held by CIMA Medical Centre.

REACTIVATING A CANCELLED MEMBERSHIP:

• A cancelled Member must pay $150 to reactivate within 12 months of cancellation in addition to the first quarterly payment of membership dues.
• Subject to prepayment under 10a., an individual may reactivate Membership 12 months after cancellation without penalty.
  CIMA Medical Centre reserves the right to deny the renewal privileges of any Membership terminated in accordance with this Terms and Conditions of Membership.

WAIVER:
The failure by CIMA Medical Centre to exercise or enforce any of the terms or conditions of this Terms and Conditions of Membership is not to be deemed a waiver of CIMA Medical Centre rights to enforce each and every term hereof. The failure by CIMA Medical Centre to insist upon strict performance of any of the terms or conditions of the Terms and Conditions of Membership will not be deemed a waiver of any subsequent breach or default in the terms or provisions herein.

ASSIGNMENT:
This Membership may not be assigned or transferred.

LIMITATION OF ACTIONS:
Any legal action against CIMA Medical Centre for a default of its obligations to the Member must be commenced within one (1) year from the date the default was, or should have been, discovered.

FORCE MAJEURE:
CIMA Medical Centre is not liable for any delay or failure of performance caused by strikes, insurrection, war, fire, electrical failure, brown-outs, disruption of transmission lines, government acts or regulations, acts of third parties, or any cause not within the control of CIMA Medical Centre.

GOVERNING LAW:
The validity, construction, and interpretation of this Agreement and the rights and duties of the parties hereto will be governed by the laws of Ontario without regard to choice of law principles.

VENUE:
The exclusive venue for any litigation arising out of, or related to, these Terms and Conditions of Membership will be Clark County, Ontario.

ENTIRE AGREEMENT:
These Terms and Conditions of Membership constitute the entire agreement between the parties relating to the specific subject matter hereof. There are no terms, obligations, covenants, representatives, statements, or conditions other than those contained herein. No variation or modification of these Terms and Conditions of Membership or waiver of any of the terms or conditions hereof, except that CIMA Medical Centre may add or cease medical services it provides and included under the terms hereof, at its sole discretion will be deemed valid unless in writing and signed by both parties.

UNENFORCEABLE TERMS:
If any provision of these Terms and Conditions of Membership is held invalid, illegal, or unenforceable, these Terms and Conditions of Membership will be interpreted as if such provision, to the extent the same has been held invalid, illegal, or unenforceable, had never been contained herein.

SUCCESSORS:
These Terms and Conditions of Membership shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, or executors.

NOTICES:
Any notice required or allowed to be given shall be addressed to the other party at the address set forth immediately below or to such other address as either party may instruct the other party in writing in accordance with this Section 21.