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Terms of Membership & Site Use
This document outlines the professional standards, clinical protocols, and membership covenants governing the Check Coast Private Clinical Suite. It serves as a binding agreement between the practice and its members, ensuring that every interaction is handled with board-certified clinical stewardship and absolute professional silence. Within these terms, we codify our commitment to HIPAA-compliant encryption, non-clinical environment elections, and the rigorous legal framework required to protect your personal health assets in the State of Florida.
TABLE OF CONTENTS
For your convenience and to ensure immediate access to our clinical protocols, please click on any heading in the Table of Contents to navigate directly to that specific section.
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Privacy, HIPAA, & Professional Silence
SCOPE OF SERVICE & MEDICAL DISCLAIMER
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Non-Emergency Acknowledgment: Pursuant to Fla. Stat. § 395.1041, Check Coast is not an Emergency Department; clinical oversight is strictly preventative and coordinates health roadmaps.
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No Creation of Duty: No fiduciary or clinical duty is established under Fla. Admin. Code 64B8-9.003 until the $99 Suite Activation Fee is processed and clinical intake is finalized.
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Clinical Stewardship: Services are provided by board-certified practitioners in compliance with Florida Statute § 456.47 regarding telehealth standards.
FINANCIAL CONVENANTS & ELECTRONIC CONSENT
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Binding Execution: This Agreement is executed under the U.S. E-SIGN Act (15 U.S.C. § 7001) and the Florida UETA (§ 668.50, Fla. Stat.); submission of payment constitutes a legal electronic signature.
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Activation Fee: The $99 Inaugural Suite Activation fee is non-refundable and covers the allocation of private concierge resources.
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Recurring Dues: Membership requires a recurring $45 monthly fee for continued clinical stewardship for insured and self-paying members.
TERMINATION OF MEMBERSHIP & SEASONAL ENROLLMENT
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Right to Terminate: Members may terminate their seasonal or ongoing enrollment at any time via the member portal.
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Effective Date of Termination: Termination will be effective at the end of the current paid billing cycle; no pro-rated refunds are provided for partial months.
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Re-Activation: Should a membership lapse, a new $99 Inaugural Suite Activation fee may be required to re-establish the private clinical roadmap.
PRIVACY, HIPPAA & PROFESSIONAL SILENCE
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Statutory Compliance: Check Coast maintains strict adherence to HIPAA (45 CFR Parts 160 and 164) and the Florida Information Protection Act (§ 501.171, Fla. Stat.).
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Protocol on Recordings: Per our superior quality protocols and Fla. Stat. § 934.03(2)(d), members expressly agree that clinical interactions shall remain unrecorded to ensure absolute professional silence.
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Encrypted Communication: All interactions are managed through secure, encrypted communication protocols to protect your personal health assets.
INFORMED CONSENT FOR HIV TESTING IN A NON-CLINICAL SETTING
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Statutory Compliance: Pursuant to Florida Statute § 381.004, you acknowledge that you have been informed of the purpose, uses, and limitations of HIV testing, and you hereby provide your informed consent for such testing.
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Non-Clinical Environment Election: You expressly acknowledge and elect to have these clinical procedures, including blood draws and diagnostic testing, performed in an "unbranded" private or mobile environment for your convenience and discretion.
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Waiver of Environment Claims: You agree that although the setting is non-clinical, the protocols, board-certified clinical oversight, and counseling provided by Check Coast meet or exceed the requirements for informed consent and clinical safety established under Florida law.
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Right to Withdraw: You acknowledge your right to withdraw consent at any time prior to the performance of the test, and that your choice to utilize a private suite for these services is made voluntarily.
MANDATORY PUBLIC HEALTH REPORTING
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Statutory Requirement: Pursuant to Florida Statute § 384.25 and Florida Administrative Code Rule 64D-3.029, Check Coast is a mandatory reporter for specific communicable diseases, including but not limited to HIV and STIs.
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Consent to Disclosure: You acknowledge and agree that in the event of a positive diagnostic result for a reportable condition, Check Coast is legally obligated to report such findings to the Florida Department of Health.
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Professional Silence Limitation: While Check Coast maintains absolute professional silence in all other matters, this legal mandate is an exception required by state law.
DISPUTE RESOLUTION & MANDATORY ARBITRATION
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Binding Arbitration: Any controversy arising from this Agreement shall be settled by binding arbitration in Sarasota County, Florida, per the Florida Arbitration Code (Chapter 682, Fla. Stat.).
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Waiver of Jury Trial: THE PARTIES HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON.
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Class Action Waiver: Members agree to bring claims only in an individual capacity and not as a plaintiff or class member in any representative proceeding.
LIMITATION OF LIABILITY & INDEMNIFICATION
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Indemnity: You agree to indemnify Check Coast from any liability, loss, or expense resulting from your breach of these Terms or misuse of clinical protocols.
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Statutory Limitation: Under Fla. Stat. § 768.81, liability is strictly limited to the total membership fees paid by the member in the 12 months preceding a claim.
GENERAL BUSINESS PROVISIONS
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Force Majeure: Check Coast is not liable for failures resulting from acts of God, including but not limited to hurricanes or civil unrest.
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Survival Clause: Confidentiality and dispute resolution provisions shall survive the termination of any membership.
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Integration: This document constitutes the entire agreement between the parties.