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Member Agreement


This Membership Agreement (the “Agreement”) forms a legal contract between you (the “Member” and one or more of the following entities: (1) The Health and Care Company, LLC, a Nevada Limited Liability Company (the “Company”); (2) Clay Health & Care, PC, a Nevada Professional Corporation (the “Provider”). Upon payment of the fees (the “Fees”) for access to the clinical (the “Clinical Services”) and wellness services described herein (the “Wellness Services”) (collectively, the “Services”), you shall be entitled to a subscription that provides access to some or all of the Services in accordance with this Agreement (the “Subscription”). The Clinical Services in this Subscription are designed to provide you with direct personalized medical services. 


Relationship with Clay Health & Care:


The Health & Care Company, LLC works closely with Clay Health & Care, PC (together with its successors and assigns, “Clay”), a health technology and services company that provides technological and administrative support to Clay Health & Care, PC, and owns and operates the Clay website located at [] and the support properties including text based messaging services (together with any other websites, applications, or other technology platforms which Clay may operate from time to time, collectively, the “Platform”). Nothing in this Agreement should be construed to indicate that The Health & Care Company, LLC is a healthcare provider or that the Platform provides medical services or medical advice. 




Do not use this service, including telehealth aspects of the service, if you are experiencing a medical emergency. In an emergency situation, you should: (i) call 911; (ii) go to the nearest emergency room or urgent care center; (iii) contact your local crisis center; (iv) if applicable, call the National Suicide Prevention Lifeline (1.800.272.8255); and/or (v) if applicable, contact the Crisis Text Line (text: “GO” to 741-741).


Not Health Insurance:

This Agreement is not health insurance and does not fulfill any individual health insurance mandate required by federal or state law, including the Federal Patient Protection and Affordable Care Act. The Subscription covers limited routine health care services as specified in the Agreement.


Binding Arbitration:

The contract includes a binding arbitration provision that both parties can enforce.


You Must be at least 18:

In order to use the Subscription, you must be at least eighteen (18) years of age. Clay Health & Care, PC may ask you for identification or other information to verify your age and identity. Clay Health & Care, PC reserves the right to refuse to provide Services and/or access to the Subscription, Services or Platform.


Other Related Agreements with Clay Health & Care

This Agreement is not the only agreement that governs use of the Subscription, Services or Platform. The Terms of Service and Privacy Policy also apply to use of the Subscription, Services and Platform. 


By signing or indicating your acceptance of this Agreement electronically, you are agreeing that you: (a) have read and agree to all the terms and conditions contained in this Agreement and the Consents without any amendment or modification; (b) consent to the receipt of Services; (c) are at least eight (18) years of age; (d) are not participating in a government sponsored health insurance program; and (e) have the legal capacity and authority to provide this consent.




1.  Subscription Options and Fees


The Subscription provides different Subscription options, each with a different scope of services and fees. You can select your preferred option from the available list on Clay's website. Membership terms and fees may change, with Clay providing at least fifteen days' advance notice of any such changes. However, you retain the full scope of your selected option as of the effective date for the current term, and you may reject any changed terms by terminating your membership or not renewing at the end of the term in accordance with this Agreement.


Membership fees can be paid in a single sum or through periodic payments consistent with the charges outlined at the time of purchase of Services. Initial payment is required to commence any Services in the Subscription. Once paid, the Subscription fee is non-refundable according to Clay’s refund policy.


2.  No Insurance Accepted; Medicare and Medicaid Excluded; Self-Pay Only:


The Subscription is a direct health and wellness service providing only the health care and wellness services specifically described; it is not health insurance. The amounts you pay Clay for the Subscription are not insurance premiums. Clay does not meet any health insurance mandate required by federal law. 


Although Provider participates in some commercial health insurance plans and federal health care programs including Medicare and Medicaid, Subscriptions are only billed as cash-based services provided outside of such plans. Pursuant to the conditions of these agreements, if you are currently receiving healthcare benefits under any federal health care programs, you are excluded from participating in the Subscription. 


You are solely responsible for paying all associated fees for services provided by Clay. If you do have health insurance (the “Plans”), your insurance policy is a contract between you and your insurance company. It is your responsibility to know your benefits, and how they will apply to health care services. Clay takes no responsibility to understand or be bound by the terms of conditions of such insurance. You are responsible to notify Clay if you obtain or change your health insurance coverage to ensure compliance with any exclusions required from such Plans. In the event Clay Services conflict with the terms of such “Plans”, this Agreement may have to be amended or terminated.


Clay Providers may recommend you receive services not offered by Clay (e.g. specialty services, diagnostic tests), but in no event will Clay be responsible for any medical bills that results from services not offered by Clay, even if those services were recommend by Clay.


3.  Subscription Billing:


Subscription fees will be billed to your designated credit card according to the charges outlined at the time of purchase of the Services. You authorize Clay to store your credit/debit card information and use it automatically for your payment responsibilities to Clay. You can change the payment method by contacting Clay at 702-840-3722. Changing your payment method may temporarily delay your ability to make payments or receive applicable services. 


You represent and warrant that all payment information provided by you is true, correct and complete, and that you will pay the charges incurred in the amounts posted with any applicable taxes and service fees. If, for any reason, Clay is not able to secure payment from the billing source provided by you, Clay may undertake further collection action as permitted by law, and, where deemed appropriate, suspend services. 


4.  Term and Termination:


Unless it is terminated earlier in accordance with Section 4.B of this Agreement, the initial term of this Agreement will be for four (4) months, beginning on the latter of the date that Clay executes the Agreement and the date Clay receives your initial Subscription fee. The Agreement will automatically renew for successive one (1) month periods (each, a “Renewal Term”), unless either you or Clay notifies the other in writing, not less than fifteen (15) days prior to the expiration of the Initial Term or applicable “Renewal Term”, of the notifying party’s desire not to renew this Agreement. 


B. Either party may terminate the Agreement with or without cause, with fifteen (15) days' written notice. Upon termination, you will be able to continue to receive services until the effective date of termination.


To cancel your Subscription, you can email us at or text Clay at 702-840-3722and follow the instructions, if any, we provide to you in response to your cancellation request. 


5.  Electronic Communications:


By providing your email and phone number, you agree and consent to receive electronic communications via email, phone, SMS, text messaging, etc. and you understand you can opt out of this communication any time by using STOP keyword in SMS and by sending an email to to stop communicating by other channels. 


6.  Services:


Clay may provide Services to you in-person, virtually or through messaging. In-person services may be rendered at various locations, including without limitation, a Clay clinic, or at your home. Clay may also provide Services to you virtually or asynchronous messaging. You acknowledge and agree that you have requested to receive the Services from Clay and its healthcare providers through the Subscription, Service or Platform, and you consent to the rendering of medical treatment and wellness services as considered necessary and appropriate by such providers at the time of the visit. You have the right to decline treatment and services at any time. You also acknowledge that no assurances or guarantees have been made to you by concerning the outcome and/or results of any medical treatment or services. 


Clay will ask you to verify your residence address and/or physical location to ensure compliance with applicable law relating to the licensure of our clinicians. You acknowledge that you may not be able to access the Services without providing us with your residence address or physical location when requested by us. You further agree to notify us of your updated address if you move your residence. Clay reserves the right to refuse to provide Services to you if you are located in a jurisdiction which Clay does not serve.


Clay may offer different types of Subscriptions with different prices and baskets of services. As a Subscriber, you are entitled to access Services in accordance with your Subscription, subject to your payment of the Fees. 


Services included in each Subscription are listed Clay website, and are subject to change at any time at Clay’s sole discretion. Clay is constantly seeking to improve upon its service offerings and will develop additional Services, which will be covered by this Agreement, as they are made available to you. The benefits of the Subscription may be enhanced or modified at any time without prior notice. 


Clay may, from time to time, make available to you for purchase or provide in connection with your Subscription certain services devices, items or products, including blood testing (“Third-Party Goods and Services”) manufactured, distributed or sold by parties other than Clay. Neither Clay nor its affiliates, Providers, employees, contractors, officers, equity holders, directors or agents will have any responsibility or liability for your use of any of these Third-Party Goods and Services, your interactions with Third-Parties or any failures, defects or breeches of any Third-Party Goods & Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction involving Third-Parties or using any Third-Party Goods & Services.


7. Telehealth


Clay may provide certain Telehealth (defined below) services to you. You consent to receive emails, texts or other electronic communications from Clay pertaining to your care and your health, which may include personal health information (PHI). You understand these Telehealth interactions may involve, and you hereby consent to the use of automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You also acknowledge that such virtual encounters may involve care by a variety of Providers, including physicians, nurses, and other support or medical personnel. You give permission to Clay and such Providers to record and process your personal details and medical data. 


There are several benefits associated with the use of Telehealth Services, including improved access, great efficiency and obtaining additional expertise. 


“Telehealth” is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. The Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e. “real time”) and asynchronous (i.e. “non real-time”) interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or service for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video. 


8.  Data


Clay may leverage outside partnerships to obtain a complete patient profile inclusive of but not limited to past care, diagnoses, vaccinations, allergies, etc. There are several benefits associated with consent to Clay’s proactive pull of medical information on your behalf, including saving time filling out forms and overall record accuracy. You consent to the retrieval and collection of relevant medical records from public sources, including but not limited to governmental health agencies, public health registries, and other publicly accessible repositories. You consent to Clay to act as an authorized representative for the purpose of comprehensive healthcare management and coordination. 


9.  Privacy and Confidentiality:


Clay will maintain a record of your medical information and a record of services provided, and will maintain the confidentiality of such information as per applicable state and federal laws.


10.  Entire Agreement and Amendment:


This Agreement represents the entire understanding between the parties, and any amendments to the Agreement require written consent of the parties. Clay may amend membership services and fees, which will apply to subsequent terms, but will provide notice of such changed at least fifteen (15) days prior to any renewal of services and schedules.


11. Miscellaneous:


The Agreement is governed by the laws of the state of Nevada. The agreement is binding on successors, cannot be assigned without consent of both parties, and may be executed electronically.


By click signing this agreement, you acknowledge that you have read, understand and agree to the terms outlined in this Agreement and the Clay Subscription.

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