PathPoint+ Enrollment Agreement
This Enrollment Agreement (this “Agreement”) is made by and between the individual accepting below (“Member” or “you”) and PathPoint Health MTN, LLC (“PathPoint,” “we,” “us,” or “our”) and sets forth the terms and conditions of Member’s participation in the PathPoint+ health support program (the “Program”). By signing or electronically accepting this Agreement or using any part of the Program, Member agrees to the terms and conditions set forth in this Agreement. This Agreement becomes effective on the later of (i) the date Member signs or electronically accepts it, or (ii) the date Member is first granted access to the Program (the “Effective Date”).
This Agreement includes a mandatory arbitration agreement and class action waiver that governs any disputes between you and us. Please read it carefully.
PathPoint may update the terms of this Agreement at any time, in its sole discretion, upon notice to you. You agree that PathPoint may provide updates, notices, disclosures and amendments to this Agreement, and other information relating to the Program, by electronic means, including posting such information and materials online or through any mobile or other software or web-based applications used in connection with the Program. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in the Program following any such changes or modifications confirms your acceptance.
1. Program Scope
a. Program Scope. The Program provides non-clinical health support and technology services as more fully described in Schedule A (PathPoint+ Enhancements) (the “Enhancements”). [It is designed to help you set goals, track progress, and adopt healthier habits in coordination with your licensed medical providers.]
b. Not Medical Services. Member acknowledges that none of the services provided in connection with the Program includes the provision of medical diagnoses, nutrition therapy, or any other professional treatments and that all Enhancement services are provided solely by non-licensed care partners, coaches and other Program personnel. Any medical advice, diagnosis, treatment or other clinical services you obtain from physicians or other licensed practitioners affiliated with PathPoint Health or any of its affiliates are not covered by the Program and are billed separately. Member further acknowledges that the Program is not intended to be a substitute for professional medical advice and that Member is solely responsible for consulting with his or her physician or other healthcare professional before starting or changing any exercise or nutrition regimen, especially if you have a history of heart disease, high blood pressure, or other chronic conditions. MEMBER KNOWINGLY AND FREELY ASSUMES ALL INHERENT RISKS ASSOCIATED WITH THE PROGRAM.
c. No Guarantees. Participation in the Program does not guarantee any specific health outcome or improvement in any medical condition.
2. Monthly Program Fees; Payment
a. Monthly Program Fee. You are responsible for and will be automatically charged the current monthly fee (the “Monthly Program Fee”) associated with your selected membership tier, unless your membership is cancelled by you or terminated by us in accordance with the terms of this Agreement. The current fee for individual membership is $60 per month. The Monthly Program Fee will be billed to the payment method provided by Member on a recurring monthly basis.
b. Payment Authorization. By providing your payment information, you authorize PathPoint to store your payment information and automatically charge the Monthly Program Fee to your payment method on file on a recurring monthly basis starting on the Effective Date.. Member agrees to keep payment information current. If a charge is declined and not cured within 10 days, PathPoint may suspend or terminate your enrollment until payment is rectified. You agree to immediately notify PathPoint in writing in the event of a dispute of any charged amounts and cooperate with PathPoint in good faith to resolve such dispute. Further, you agree that you will not initiate a dispute with your card issuer in connection with PathPoint’s automatically recurring billing of the Monthly Program Fee that is accurate and billed prior to the cancellation or termination of your membership in the Program.
c. FSA/HSA/HRA. PathPoint does not represent or guarantee that any services provided under the Program qualify for reimbursement under any FSA/HSA/HRA plan. Member should consult their plan administrator or tax advisor to determine eligibility for reimbursement.
d. Compliance Statement. The Program is a voluntary, opt-in service that provides non-covered, non-clinical enhancements. It is not offered in exchange for, or to induce, the use of any item or service that is paid for, in whole or in part, by any federal or state health care program or commercial health plan. Participation (or non-participation) in the Program will not affect a patient’s access to or quality of any clinical services offered by PathPoint.
3. Term; Renewal; Cancellation
a. Term & Renewal. Your enrollment in the Program and the terms of this Agreement is month-to-month beginning on the Effective Date and renews automatically each month until cancelled or terminated as provided herein.
b. Cancellation. Either party may cancel at any time for any reason by notifying the other party at least 5 business days before the next billing cycle begins. Cancellation is effective at the end of the then-current billing period. We reserve the right to terminate or suspend your access immediately for breach of this Agreement (including non-payment).
c. Refunds. Monthly Program Fees already charged for the current billing period are not refundable, except where required by law or where PathPoint cancels for convenience, in which case PathPoint will refund the unused portion of the current period.
4. Client Responsibilities. You agree to provide honest and complete information about your health and goals, actively participate in and complete agreed-upon actions, treat care partners/coaches and other staff members respectfully, and comply with all Program policies. Violation of these terms may result in suspension or termination of your membership.
5. Family/Dependent Enrollments. If PathPoint offers a family option and Member elects it during enrollment, the term “Member” includes listed family members/dependents who are at least 16 years old. Fees and included Enhancements for family plans will be disclosed at enrollment and in Member’s account.
6. Consent to Receive Communications. In order for PathPoint or any of our affiliates, agents, assigns, and service providers, to provide the best services to our members, we may from time to time make calls and/or send text messages to you at any telephone number associated with your account. Member expressly consents to be contacted by PathPoint, our agents, representatives, affiliates, or anyone calling on our behalf, including by auto-dialed and pre-recorded message calls and SMS messages (including text messages), at the contact information provided by Member, for any and all purposes arising out of or relating to the Program or Member’s participation in the Program, including marketing information regarding new services or products offered by the Program. Member acknowledges that it can opt out of receiving text messages at any time by replying STOP to any message. .
7. Authorization to Use/Disclose Health Information. Member acknowledges that PathPoint is a “Hybrid Entity” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 C.F.R. § 164.103, and operates both HIPAA-covered and non-covered functions. The Program, including all services and any supporting third-party services, constitutes a non-covered function and is not subject to HIPAA. Accordingly, to facilitate the coordination of care and improve the quality and effectiveness of services provided to you under the Program, Member agrees to sign the HIPAA Authorization for Release of Health Information to PathPoint+, which authorizes the Member’s healthcare providers to share relevant health information with Program staff. Member acknowledges that, although the Authorization is not required to receive Program services, failure to provide it may affect the quality and effectiveness of services you may be able to receive under the Program.
8. Privacy Policy. Our collection and use of your personal information in connection with the Program is governed by our Privacy Policy available on our website, which is incorporated herein by reference.
9. Notices. Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below.
Notices to PathPoint: PathPoint Health MTN, LLC, 1 Burton Hills Blvd, Ste 300E, Nashville, TN 37205, Attn: Legal; email: legal@pathpointhealth.com.
Notices to Member: to Member’s email or mailing address on file. Either party may update notice information by written notice to the other.
10. DISCLAIMER OF WARRANTIES. THE PROGRAM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PATHPOINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM OR ANY MATERIALS, TOOLS OR APPLICATIONS USED IN CONNECTION WITH THE PROGRAM WILL MEET YOUR NEEDS, BE UNINTERRUPTED, OR BE ERROR-FREE. WE MAKE NO GUARANTEE OF SPECIFIC HEALTH OUTCOMES OR WEIGHT LOSS RESULTS.
11. LIMITATION OF LIABILITY; CLASS ACTION WAIVER.
a. BY PROCEEDING WITH PARTICIPATION IN THE PROGRAM, TO THE FULLEST EXTENT PERMITTED BY LAW, MEMBER HEREBY RELEASES, DISCHARGES, AND FOREVER HOLDS HARMLESS PATHPOINT, ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, STAFF MEMBERS, VOLUNTEERS, AFFILIATES, PARENTS, SUBSIDIARIES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, PENALTIES, COSTS, CHARGES, AND LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION BODILY HARM, ILLNESS, INJURY, OR DEATH, WHETHER KNOWN OR UNKNOWN, NOW OR HEREINAFTER EXISTING, ARISING FROM OR RELATED IN ANY WAY TO THE PROGRAM OR THE SERVICES, PRODUCTS, BUSINESS, OPERATIONS, AFFILIATIONS, OR PRACTICES OF PATHPOINT OR ITS AFFILIATES, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
b. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR EMOTIONAL DISTRESS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY, AND REGARDLESS OF ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE. IN NO EVENT SHALL ANY RELEASED PARTY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PROGRAM OR PAHTPOINT’S OR ITS AFFILIATES’ SERVICES, PRODUCTS, OPERATIONS, OR PRACTICES, NOW OR HEREINAFTER EXISTING, EXCEED TWO (2) TIMES THE AMOUNTS PAID OR PAYABLE TO PATHPOINT UNDER THE PROGRAM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
c. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN ARBITRATION OR IN COURT, WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, MULTIPLE CASE FILING OR MASS ACTION. THE PARTIES AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION. IF ANY PORTION OF THIS WAIVER IS FOUND UNENFORCEABLE, THE REMAINDER SHALL STILL APPLY. BY SIGNING THIS AGREEMENT, I WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION.
12. Governing Law
This Agreement is governed by the laws of the State of Tennessee, without regard to its conflicts of law principles.
13. Dispute Resolution. In the event of any dispute, controversy, or claim arising out of, in connection with, or relating to the Program or this Agreement or any breach or alleged breach hereof (a “Dispute”), the parties shall first meet and confer in an effort to negotiate in good faith a resolution of such Dispute. All such negotiations will be confidential and will be treated as compromise and settlement negotiations for purposes of applicable federal and state rules of evidence. If the parties are unable to resolve the Dispute through negotiations within sixty (60) days after the written notice delivered, then either party may demand in writing that the matter be submitted to arbitration under then current Rules of the Alternative Dispute Resolution Service of the American Health Lawyers Association (AHLA) (or such other arbitration service as may be agreed upon by the parties). The arbitrator’s decision in such proceeding will be final and binding, and either party may petition a court of appropriate jurisdiction for the award of the arbitrator to be enforced by the court. Any costs, fees or expenses incident to enforcing the award will, to the maximum extent permitted by law, be charged against the party resisting such enforcement. In any mediation or arbitration proceeding pursuant to this Section the parties shall endeavor to identify an arbitrator who is knowledgeable in health care matters and the types of transactions described in this Agreement; (ii) the location of the proceeding will be in Davidson County, Tennessee, or another location as mutually agreed upon by the parties; and (iii) unless otherwise determined and directed by the arbitrator, the expenses of the mediation and/or arbitration will be borne equally by the parties. In the event of any legal action or arbitration proceeding is instituted to enforce or interpret this Agreement or any part thereof, the prevailing party will be entitled to reasonable attorneys’ fees and actual costs incurred in connection with such action or proceeding. BY AGREEING TO BINDING ARBITRATION PURSUANT TO THIS SECTION 13, THE PARTIES HERETO IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE.
14. Miscellaneous. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreements, proposals or understandings regarding the Program. A party’s failure to enforce any term, right or power under this Agreement shall not operate as a waiver of future enforcement of such term, right or power. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions of this Agreement will not be affected thereby. Member may not assign this Agreement nor any interest herein without obtaining PathPoint’s prior written consent. Terms that by nature should survive termination (e.g., payment obligations, releases, arbitration, confidentiality) will survive termination or expiration of this Agreement for any reason.. This Agreement may be executed electronically and in counterparts.
Revised: January 13, 2026
