PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Terms & Conditions

This is not insurance, and there are no copays or deductibles. You and your care team are able to collaboratively decide what is best for you, and you pay a monthly membership fee. A membership includes several benefits and services, as delineated in the coverage plans.

Your regular health insurance will continue to function as it is intended to: for catastrophic health events, ER visits, hospital stays, imaging, traditional medical office visits, and surgery. In the event of any change in cost, you would be notified in advance.

A membership may be canceled by providing a written request in text or email with 30 days notice. Participation in our membership is limited to a select number of participants in order to preserve and retain the high quality of services provided. We reserve the right to discontinue or decline renewal of membership with a minimum of 30 days notice.

How it Works

For members, we offer both in-person and remote evaluations. In-person evaluations are currently taking place in Alabaster and Homewood, Alabama, and Johnson City, Tennessee, and remote options are available for out-of-state members.

After signing up, all members will be able to schedule a call or communicate with us directly via secure messaging to review any questions you may have, and clarify the next steps. After this point, member journeys are customized to each individual.

Based on your specific journey, a member of our team will initiate an evaluation that is right for you. This may include an assessment of blood pressure, resting heart rate, hydration, body composition, metabolism, and a 3D body scan when available. In addition to this, a profile will be created in our nutrition and biometric monitoring software that you will be encouraged to use for a minimum of 3–7 days following your initial evaluation in order to perform an analysis of your nutrition.

Following assessments, we will meet (either virtually or in-person) to present your health, nutrition, and/or fitness plans which may include the recommendation of additional evaluations and testing when appropriate. These tests will involve additional costs but will be discussed and decided upon on an individual basis. You will be provided a transparent breakdown for the cost of any additional test or services prior to being charged. No additional charges will be issued without your direct consent.

If a membership is canceled and you decide to rejoin at a later date, a reactivation fee of $250 will be issued. However, you can freeze your membership for a small fee with 30 days notice prior to your billing date and avoid a reactivation fee upon initiating the membership subsequently. During the paused period, access to all software and membership resources will also be paused.

We can provide transparent pricing upon request for any test and service, and any additional charge beyond your monthly membership payment will be discussed and confirmed on an individual basis.

Member Benefits

Your membership includes direct messaging access to your team via secure HIPAA-compliant text messaging; and video or phone calls can be scheduled as needed. You are welcome to message at any time. We typically respond during normal business hours and by the next business day.

Our technology can be used to provide great care remotely at your convenience. As a member, you will have access to a members-only calendar for scheduling both virtual and in-person appointments at your convenience. Your membership plan includes in-person or virtual appointments with your healthcare team.

We reserve the right to determine the necessary time and services appropriate for each individual and this can vary based on the context. We aim for transparency and will communicate any additional charges prior to extra services or time.

As a member, you also receive member-only prices for in-lab tests and services. In addition, you will have the opportunity to purchase products and services at discounted member-only prices. Any additional charges for a test or service beyond the monthly membership charge will be discussed and agreed upon separately on an individual basis.

We believe it is important you feel adequate time and attention is dedicated to your care, so we aim to create an environment in which you do not feel rushed to describe your concerns and have an opportunity to clarify your desires and expectations. We intend to provide in-depth visits and offer truly individualized and holistic treatment plans to promote optimal health and fitness. We focus on the effects of nutrition, exercise, and lifestyle modifications. Above all, we focus on the best available evidence and your individual health goals.

We reserve the right to discontinue your membership if a therapeutic relationship no longer exists. If instructions are violated, payments are outstanding, and hostility toward staff occurs that creates an unsafe and unconducive environment for positive outcomes, then memberships can be discontinued by our staff.

This membership is not a health insurance plan and no insurance claims will be submitted. With our convenient scheduling system, you should never experience long wait times in the office to begin your scheduled appointment.

As a member, you have access to state-of-the-art testing that includes the following:

• Metabolism testing (e.g., active and resting metabolic rate using indirect calorimetry)
• Ultrasonography testing (e.g., assessment of subcutaneous tissue thickness)
• Whole-body 3D scan (e.g., 3D modeling of your entire body)
• Bioelectrical impedance analysis (e.g., total body water and body composition)
• Dynamometry testing (e.g., strength assessment)
• Hydration testing (e.g., urinalysis)
• Vital sign measurement (e.g., blood pressure, blood oxygen levels)
• Digital inclinometry and dynamometry (e.g., joint range of motion and force production)
• Stadiometer (e.g., accurate height assessment)
• Graded/incremental exercise testing

As a member, you have access to the following tests and services at discounted member-only pricing (many can be collected at home):

• Gut health & microbiome testing
• Genetic testing
• Blood & urine testing
• Hair mineral, heavy metal, and toxic ratio testing
• Continuous glucose monitoring
• Registered Dietitian & Nutritionist services (e.g., MNT, meal planning & counseling, customized recipes)
• Health coaching
• Customized exercise programs
• Discounted cGMP / NSF Certified for Sport / TGA certified dietary supplements
• Exercise education & personal training

As a member, you will have a personal profile in our professional nutrition and biometric monitoring mobile application, a private patient profile in our electronic health record software, and a private profile in our HIPAA-compliant communication application. In addition, you will have access to members-only educational resources to assist you in your health and fitness journey including information related to exercise, nutrition, and health based on the latest scientific research.

By joining as a member, we promise to strive to provide you with the knowledge and tools necessary to succeed. We view our relationship with you as a long-term partnership in your health and fitness journey.

By agreeing to these terms, you acknowledge that monthly membership rates are expected to increase in accordance with inflation, and you will be notified in advance of any price increase. You can cancel your monthly membership with 30 days notice, but there are no refunds for any test, service, or membership payment.

The following services are NOT offered directly as part of the membership:

• Specialty care (cardiology, rheumatology, dermatology, etc.)
• Emergency care
• Surgery
• Immunizations/vaccines
• Chronic pain medications
• Physical therapy

Each Fitomics Membership involves a “Coverage Plan”. A coverage plan provides access to tests and services for members. Some are included at no additional cost while others are provided with consent at discounted prices, or limited to a quantity within a month, quarter, or year for active members. Coverage Plans are subject to change and you may request a copy of the full coverage plan at any time.

Affiliate Disclaimer

Occasionally, a Fitomics team member or associate may share an affiliate link with you that may result in a paid commission from a product purchased. You are acknowledging that you are aware of this by agreeing to our terms and conditions. Please feel free to clarify the nature of any link at any time.

By electronically accepting these terms I confirm that I have read and understand the above agreement and consent to the terms and conditions set forth above.

Consent For Treatment

By signing this form, I consent to and authorize Fitomics and any of its associates or contracted clinicians to treat me. I understand this could include lab tests, medication prescriptions, education, and other diagnostic tests. I understand that my provider is available to explain the treatment and I have the right to refuse treatment. I understand that this consent will be valid and remain in effect as long as I am a patient of Fitomics and any of its associates or contracted clinicians.

Consent To Bill, Assignment of Benefits, and Payment

In the unexpected instance that an insurance claim should be necessary, I authorize Fitomics and any of its associates or contracted clinicians to file a claim with my insurance carrier for services rendered. I authorize Fitomics and any of its associates or contracted clinicians payment of benefits directly to Fitomics and any of its associates or contracted clinicians, for services provided to my dependent or me. I understand that I am responsible for any part of the charges that are not covered/paid by my insurance and I may be billed directly for those services.

Consent For The Use And Disclosure of Health Information

I hereby authorize Fitomics and any of its associates or contracted clinicians to release any information acquired in the course of my examination and treatment to any authorized agent for the purposes of healthcare, treatment, and payment. I authorize the release of medical health information to my insurers as necessary for determination and payment of benefits; to utilization review and professional standards review organizations, and community resources that assist me with my healthcare needs.

Notification of Privacy

Fitomics and any of its associates or contracted clinicians comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). I have received the Fitomics and any of its associates or contracted clinicians Notice of Privacy Practices.

By electronically accepting these terms I confirm that I have read and understand the above and consent to the terms and conditions set forth above.

Telehealth Agreement

This is an Agreement between you or an authorized representative and clinicians operating as an agent of Fitomics, LLC registered in the state of Alabama and Tennessee. Telehealth is healthcare provided by any means other than a face-to-face visit. In telehealth services, medical and mental health information is used for diagnosis, consultation, treatment, therapy, follow-up, and education. Health information is exchanged interactively from one site to another through electronic communications. Telephone consultation, videoconferencing, transmission of still images, e-health technologies, patient portals, and remote patient monitoring are all considered telehealth services.

By accepting the terms of this agreement I am confirming that:

• I understand that telehealth involves the communication of my medical/mental health information in an electronic or technology-assisted format.
• I understand that all electronic medical communications carry some level of risk. While the likelihood of risks associated with the use of telehealth in a secure environment is reduced, the risks are nonetheless real and important to understand.

These risks include but are not limited to:

• Electronic communication may be forwarded, intercepted, or changed without my knowledge despite reasonable measures.
• Electronic systems accessed by employers, friends, or others are not secure and should be avoided. It is important for me to use a secure network.
• Despite reasonable efforts, the transmission of medical information could be disrupted or distorted by technical failures.
• I agree that information exchanged during my telehealth visit will be maintained by the healthcare providers and facilities involved in my care.
• I understand that medical information, including medical records, are governed by federal and state laws that apply to telehealth, including my right to access my medical records.
• I understand that Skype, FaceTime, Google Meet or a similar service may not provide a secure HIPAA-compliant platform, but I willingly and knowingly wish to proceed.
• I understand that I must take reasonable steps to protect myself from unauthorized use of my electronic communications by others.

By electronically accepting these terms I confirm that I have read and understand the above Telehealth Agreement and consent to the terms and conditions set forth above.

By electronically accepting these terms, I understand this functions as my signature and consent to all of these terms, conditions, and agreements and I release, waive, and forever hold harmless Fitomics and any of its associates, contractors, employees, or partners and willfully provide informed consent.

Informed Consent and Liability Waiver

Informed Consent and Liability Waiver for Exercise Testing, In-office Testing, Personal Training, Nutrition Coaching, and Sample/Data Collection

By signing up for a membership, I acknowledge full understanding and consent to participate in the activities provided by Fitomics.

SERVICES: I acknowledge that the services provided by Fitomics may include exercise testing, personal training, nutrition coaching, and the collection and use of personal data and biological samples.

RISKS: I understand that participating in physical activity, diet modification, and other wellness practices can involve certain risks, including but not limited to injury, illness, or in extreme cases permanent disability or death.

INFORMED CONSENT: I voluntarily agree to partake in these services, fully aware of the potential risks and consequences. I confirm that I have had the opportunity to ask questions and all such questions have been answered to my satisfaction.

MEDICAL CLEARANCE: I affirm that I have sought appropriate medical clearance and advice before participating, and it is my responsibility to update Fitomics regarding changes in my health status.

DATA PROTECTION: Fitomics will adhere to applicable laws and regulations concerning data privacy and protection. Data and samples collected will be used solely for agreed-upon purposes and will not be shared with third parties without my express written consent, except as required to deliver services and care.

LIABILITY WAIVER: By signing this document, I waive and release Fitomics, its employees, officers, and agents, from any claims, demands, actions, causes of action, damages, or suits at law and equity of whatsoever kind for injuries or damages sustained by my participation.

This Agreement is governed by and shall be construed in accordance with the laws of the state of Alabama and Tennessee, without regard to conflict of laws principles.

By signing up for a membership or engaging in a test or service, I affirm that I have read and fully understood the terms and conditions outlined above.

Acknowledgement of Medicare Opt-out Status

This agreement is between you (“Patient”) and Kerrily Murphy, CRNP ("Clinician"), whose principal place of business is 3 Brown Circle, Alabaster, AL 35007. This agreement concerns patients who are Medicare Part B beneficiaries seeking services covered under Medicare Part B pursuant to Section 4507 of the Balanced Budget Act of 1997.

The Clinician has informed Patient that Clinician has opted out of the Medicare program. The expected or known effective date and expected or known expiration date of the current opt-out period is 1/1/2026 (effective date) and 1/1/2028 (expiration date). The Clinician’s opt-out status auto-renews every two years unless terminated prior to the renewal date. The Clinician is not excluded from participating in Medicare Part B under Sections 1128, 1156, or 1892 or any other section of the Social Security Act.

Clinician agrees to provide the following medical services to Patient (the "Services"):

Primary care visits (in-person and virtual), preventive care and wellness exams, chronic disease management (e.g., diabetes, hypertension, thyroid disorders), acute illness evaluation and treatment (e.g., infections, minor injuries), coordination of laboratory testing and diagnostic studies, medication management and refills, health counseling and lifestyle coaching, care coordination and referrals when appropriate.

In exchange for the Services, the Patient agrees to make payments to Clinician pursuant to the membership terms.

Patient also agrees, understands, and expressly acknowledges the following:

• Patient agrees not to submit a claim (or to request that Clinician submit a claim) to the Medicare program with respect to the Services, even if covered by Medicare Part B.
• Patient is not currently in an emergency or urgent health care situation.
• Patient acknowledges that neither Medicare’s fee limitations nor any other Medicare reimbursement regulations apply to charges for the Services.
• Patient acknowledges that Medi-Gap plans will not provide payment or reimbursement for the Services because payment is not made under the Medicare program, and other supplemental insurance plans may likewise deny reimbursement.
• Patient acknowledges the right to obtain Medicare-covered items and services from clinicians and practitioners who have not opted out of Medicare, and that the patient is not compelled to enter into private contracts for other services furnished by other clinicians or practitioners.
• Patient agrees to be responsible to make payment in full for the Services, and acknowledges that Clinician will not submit a Medicare claim and no Medicare reimbursement will be provided.
• Patient understands that Medicare payment will not be made for items or services furnished by the clinician that would have otherwise been covered by Medicare if there were no private contract and a proper Medicare claim were submitted.
• Patient acknowledges that a copy of this contract has been made available to them.