CASTLE “CONNECT ” PROGRAM
FACILITATION OF SERVICES MEMBERSHIP
AGREEMENT & TERMS OF SERVICE
This Facilitation of Services Membership Agreement (herein “Agreement”) as of date of purchase, by and between purchasing individual, known as “Member”, defined herein, and Castle International, a Wyoming corporation (“Castle”), each, individually, a “Party” and collectively referred to as the “Parties.”
Castle provides Services, as defined herein, pursuant to Membership in its CONNECT Program to individuals who desire to become a Member in Castle’s CONNECT program;
The CONNECT Program offered by Castle helps to protect the Member by facilitating Services and offsetting out of pocket expenses and costs for emergency air transport that exceed Member’s health or medical insurance which often create financial hardship for both the Member and related family;
Member desires that Castle provide the Services of the CONNECT Program to Member by enrollment in the CONNECT Program on the terms set forth herein; and,
Castle desires to provide the Services of the CONNECT Program to Member pursuant to Member enrolling in the CONNECT Program on the terms set forth herein.
THEREFORE, pursuant to the Parties mutual promises and based upon adequate consideration being given, the receipt and adequacy of which is hereby acknowledged, the Parties hereto mutually agree to the following:
Definitions. In addition to those terms defined elsewhere in this Agreement, the following terms shall have the meaning set forth hereinafter:
“Annual” — 365-day coverage as a CONNECT Membership policy holder.
“Castle” — Castle International and to include the CONNECT services program, Castle MedFlight and Castle International Special Projects Group “CISPG”)
“Castle Contractor” — Any Castle contractor, sub-contractor, or other outsourced provider that provides products or services pursuant to this Agreement.
“CONNECT Program” - Castle’s program whereby Members holding Membership upon the payment of the Membership Fee receive the facilitation of Services by Castle for the Transport of a Member in a medical, psychological or security emergency that threatens serious permanent injury or death to the Member.
“Designated Representative” — The individual identified to Castle by the Member as their authorized decision maker for all matters related to this Agreement should the Member be unable to communicate for any reason.
“Foreign Country” — Any country other than the Member’s “home country”.
“Home Address” — The Member’s residence as provided by the Member in the enrollment application and/or as described in an oﬃcial state or government listed identity document. No P.O. Box address(es) accepted unless associated with a residence address.
“Home Country” — The country in which the Member’s passport was issued and/or home address is located.
“Hospitalized” or “Hospitalization” — Admission to a medical facility on a continuous, in-patient basis necessitated by a medically diagnosable illness or injury and not for convenience or any other reason.
“Member(s)” — The individual(s) named on the CONNECT enrollment application that has been approved for CONNECT membership by Castle and for whom the applicable CONNECT membership fees have been paid.
“Membership” - Fulfillment of the CONNECT enrollment application that is approved by Castle and receipt of payment of applicable membership fees by Castle entitling a Member to Castle’s program for CONNECT Services (as defined in Paragraph 2, herein).
“Membership Fee” --- The fee paid by a Member for Membership in Castle’s CONNECT program for facilitation of Services as set forth on Exhibit “A”, attached hereto and incorporated herein.
“Transport” — The transport of a Member by ground, air, or sea to a hospital, clinic or other medical provider capable of providing care to a Member whose condition requires hospitalization or is likely to cause serious permanent injury or death. Transport does not include any activities related to search therefore the Member’s location must be made known to Castle prior to Transport.
IF A MEMBER EXPERIENCES A MEDICAL EMERGENCY, INCLUDING, BUT NOT LIMITED TO, A PHYSICAL, MENTAL, PSYCHOLOGICAL OR SECURITY EMERGENCY, THE MEMBER SHOULD IMMEDIATELY FIRST CALL “911” OR SIMILAR RESPONDER, BEFORE CONTACTING CASTLE UNDER THE CONNECT PROGRAM.
2.1. Travel Services. Castle facilitates the following services for CONNECT Members when they are traveling:
a. Health Information Services. To the extent permitted by law, Castle will provide Member with health information services by telephone, email, fax transmission, or other appropriate modes of communication, to include telemedicine solutions, in Castle’s sole discretion, at the request of any Member. The health information services provided by Castle do not establish diagnosis, treatment or a physician-patient relationship.
b. Medical Transport Services. To the extent permitted by law and subject to the conditions, exclusions, and limitations of the CONNECT Program set forth herein, in the event a Member is hospitalized or in need of hospitalization, , Castle will facilitate, coordinate, and arrange all necessary and ordinary expenses for: surface/air transport to closest appropriate medical facility, as determined by sending facility physician who certifies transport is medically neccessary and are pre-certified by Member’s health or medical insurance company(ies). Membership in the CONNECT Program covers the cost for medical Transport only, it is not a program for the provision of ambulance services. A backup ambulance service may respond when Services under the Connect Program are not available, but the benefits of Membership in the Connect Program may not apply.
c. Transport of Mortal Remains Service. To the extent permitted by law and subject to the terms, limitations and exclusions of the CONNECT Program set forth herein, Castle will arrange and pay for reasonable expenses, as determined by Castle in its sole discretion, related to transporting a Member’s mortal remains to Member’s Home Country. Castle reserves the right to determine the mode and timing of transport hereunder.
2.2. Member acknowledges and agrees that Services hereunder are those facilitated and coordinated by Castle only; services purchased outside of the CONNECT Program network will not be covered by Membership in the CONNECT Program.
Coverage Guidelines for Air Evacuation. Coverage for air evacuation may not be available in all states in the United States of America (“U.S.”). Coverages vary depending on individual state law requirements and regulations, and related policies, applications, and information are provided solely for informational purposes and are subject to change without prior notice. The precise coverage aﬀorded by Castle is subject to the terms and conditions of this Agreement and its related policies as issued. CONNECT Program Membership coverage is available to residents and travelers in Haiti, the U.S. and U.S. territories.
Qualifying Air Evacuation. A qualifying air evacuation for which Service costs will be paid out by Castle (so long as proof of loss is made and all other requirements of the CONNECT Membership policy are satisfied), include Transport of theMember beginning at the time the air ambulance is dispatched and ending at the timecustody of theMemberis transferred from the air ambulance to a hospital or medical facility that has agreed to accept Memberas requested by an assigned physician or authorized medical professional who has determined that (1) the insured persons condition is such that the time or level of care needed to transport such individual by land to the nearest appropriate hospital or other medical facility poses a threat to the individual’s survival or seriously endangers the individual’s health, (2) an alternative form of transportation to nearest appropriate hospital or medical facility is not available, too unstable or the point of pick-up is inaccessible by ground vehicle (3) air ambulance is the most eﬃcient and medically appropriate means to transfer the insured person from one hospital to another for treatment or (4) such mode of transport is furnished pursuant to a protocol established by a state or regional emergency service agency under which the use of air ambulance is recommended.
Representations and Warranties of Member.
BY PURCHASING AND/OR USING THE CONNECT PROGRAM MEMBERSHIP, MEMBER REPRESENTS AND WARRANTS THAT MEMBER POSSESSES THE LEGAL RIGHT, POWER, AUTHORITY AND ABILITY, ON BEHALF OF EACH MEMBER LISTED ON THE CONNECT PROGRAM ENROLLMENT APPLICATION, INCLUDING BUT NOT LIMITED TO EACH MINOR CHILD OF WHOM MEMBER IS A PARENT OR GUARDIAN, TO AGREE TO AND BE BOUND BY THIS AGREEMENT, ITS TERMS AND CONDITIONS. DUE TO LIMITATIONS IN INDIVIDUAL STATE LAWS REGARDING MEDICAID BENEFICIARIES, MEMBER FURTHER REPRESENTS AND WARRANTS THAT NEITHER MEMBER NOR ANY ADDITIONAL COVERED PERSON, AS PROVIDED HEREIN, IS/ARE A MEDICAID BENEFICIARY(IES).
CONNECT Membership Terms and Conditions & Exclusions
CASTLE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REJECT ANY APPLICATION FOR MEMBERSHIP IN THE CONNECT PROGRAM, IN WHICH CASE THIS AGREEMENT SHALL BECOME NULL AND VOID. By enrolling as a Member in the CONNECT Membership Program, each Member accepts and agrees to the terms and conditions of Membership set forth herein. A Membership is valid only after Castle has received payment in accordance with applicable billing terms and all required documentation has been completed in accordance with the CONNECT Membership enrollment application process. Membership is void if any representation or warranty of a Member is untrue, incomplete or materially misleading. Membership ensures the Member will have no out-of-pocket air medical transportation expenses not covered by Member’s health or medical insurance if flown by Castle and/or in-network providers subcontracted by Castle, pursuant to the terms of this CONNECT Membership Program.
6.1 Member Eligibility. A Member is eligible for Connect Program Membership (1) if living in the U.S.( Membership is also available to travelers and residents in Haiti, and other approved international regions), provided thatMember’s residence must be listed on the Member enrollment application and changes to a Member’s residence must be timely submitted in writing to Castle, (2) upon Member providing current primary and any additional health/medical insurance policy and travel insurance policy, i.e., healthcare coverage, information to Castle. Member acknowledges and agrees that the CONNECT Program is not a health or medical insurance product and is not intended to substitute for or replace existing health or medical insurance coverage(s), and, further that Membership is not available to Medicaid recipients.
The “Family Plan” extends the benefits of CONNECT Memberships to the designated primary Member, a named spouse or partner (a living arrangement in which an unmarried couple lives together in a long-term relationship that resembles traditional man and woman marriage) who shares the primary Member’s residence and no more thantwo (2) named dependent children up to the age of 21 years old (total of four (4) Members per Family Plan) who also share the primary Member’s residence (two (2) such Family Plan flights per family per year). If a birth or legal adoption occurs during the term of a Family Plan Membership, the new dependent is automatically covered upon timely written notification to Caste’s CONNECT Membership Program, subject to the exclusions listed in this Agreement.
Air Medical Transport: Arrangements & Additional Passengers.
Castle will make all arrangements for each air medical Transport, including timing of the Transport, type of aircraft, and related details. The CONNECT Membership Program provides pre-paid medical Transport only, it is not an insurance plan. Castle will not reimburse Members for medical, medical transport or related expenses Members incur on their own or through parties other than Castle.
Urgency of Transport. Decisions regarding urgency of Transport, the best timing and the most suitable means of Transport will be made by Castle after consultation with local attending physician(s) and the Member’s receiving physician and facility to which Member is transported. In addition, a Member with mild lesions, simple injuries such as sprains, simple fractures or mild conditions which can be treated by a local doctor will not qualify a Member for a medical Transport. All decisions made by primary physician(s) and/or on ground CONNECT Program personnel are final.
Traveling Companion. Family members, business associates, and/or traveling companions may accompany the Member, at no additional cost, on Castle aircraft during Transport, if space is available and the patient care of the Member is not compromised. Passengers accompanying Members transported on scheduled commercial aircraft for medical escorts will be responsible for their own airfare. While Castle makes every eﬀort to accommodate its Members, the Member and an accompanying passenger are limited to one small carry-on bag each, due to limited space available on Castle aircraft.
Waiting Periods. For the first 30 days of Membership, a Member may not be eligible for a Transport due to pre-existing health conditions, illness or injury. If the Member was hospitalized for the same or related condition within 30 days prior to the Membership eﬀective date, Transport for these conditions will not be authorized. Member must include pre-existing health condition information for proper completion of the Castle CONNECT enrollment Membership application process.
Non-Transferrable. Memberships in the Castle CONNECT Membership program are non-refundable and non-transferable.
Ineligible Transports and Exclusions
Castle’s obligation to provide medical Transport under this Agreement is subject to the following:
Castle reserves the right to determine, in its sole discretion, whether a Member’s medical condition warrants a medical Transport service and the mode of Transport.
Castle shall not be under any obligation to provide more than two (2) Transports to any Member in any 12-month period (For Family Plan Memberships, the number of Transports are limited to 1 Transport each for a common accident, i.e., a single incident or claim as defined by Member’s primary insurance provider or two suchTransports in the aggregate.
Castle shall not be under any obligation to provide Transport Services where Member is not reasonably accessible and cannot be transported safely or is located in a region that is not safely accessible.
Castle shall not be under any obligation to provide Transport Services where Member has a contagious or infections disease.
Castle shall not be under any obligation to provide Transport Services where Member’s primary condition is self-inflicted or suicide.
Castle shall not be under any obligation to provide Transport Services where Member has committed or is accused of committing a criminal act.
Castle shall not be under any obligation to provide Transport Services where Member has been diagnosed at any time with and/or treated for a condition(s), treatment and/or transplant that required air ambulance transport.
Castle shall not be under any obligation to provide Transport Services where Member is hospitalized or in need of hospitalization due to circumstances that were diagnosed or treated, or for which symptoms existed which would cause an ordinarily prudent person to seek such diagnosis or treatment, within 30 days of admission to Membership, to include 30 days prior to Member status.
Castle shall not be under any obligation to provide Transport Services where Member is 70 years old or older.
Castle shall not be under any obligation to provide Transport Services where Member is in the third trimester or past 186th day of pregnancy.
Castle shall not be under any obligation to provide Transport Services where Member’s condition is caused by intentional ingestion/use and/or overdose of alcohol, a controlled or banned substance, or is hospitalized due to the use of alcohol, drugs or intoxicants not prescribed by a physician.
Castle shall not be under any obligation to provide Transport Services where Member cannot be transported safely, in Castle’s sole discretion..
Castle shall not be under any obligation to provide Transport Services where Member has been exposed to nuclear reaction, radioactive contamination or chemical contamination.
Castle shall not be under any obligation to provide Transport Services where Member is traveling against the advice of a treating physician or Castle medical professional, while waiting for treatment or is traveling for the purpose of obtaining such medical treatment.
Castle shall not be under any obligation to provide Transport Services where Member failed to maintain immigration, work residence or similar visas, permits or other documentation necessary for Transport.
Castle shall not be under any obligation to provide Transport Services where Member’s injury is caused by natural disaster and/or unsafe operational situations caused by natural disaster.
Castle shall not be under any obligation to provide Transport Services where Member’s injury is caused by participation in extreme sports, such as scuba diving to depths of more than 130 feet, skydiving, hang-gliding or para-gliding, par ascending other than over water, bungee jumping, mountaineering or rock climbing normally requiring the use of guides or ropes, or caving.
Castle shall not be under any obligation to provide Transport Services where Member’s injury is caused by participation in military action while in active military service or any action military in nature regardless of service or hiring agent.
Castle shall not be under any obligation to provide Transport Services where any information provided by Member during the enrollment application process for the CONNECT program was falsified and/or incomplete.
Castle shall not be under any obligation to provide Transport Services where to do so would not be in the normal course of Castle’s business in the sole discretion of Castle and its CONNECT Program.
6.10. Castle Disclosure. Castle reserves the right to terminate any Membership immediately if the annual billing is not paid in full at time of sign up or non-payment for any other reason. Castle shall not be obligated under any circumstances to reimburse a Member or pay any third-party service provider for any associated transport cost which have been arranged by the Member or any other third-party and not Castle.
7. General Services.
Castle shall make commercially reasonable eﬀorts to provide the following services to Members.
7.1. Medical Locator Services. Provide a Member with names, addresses and telephone numbers for local hospitals, clinics, medical practitioners and/or physicians.
7.2. Legal Locator Services. Provide a Member with names, addresses and telephone numbers for local lawyers and/or other legal professionals.
7.3. Interpretation Services. Arrange for and/or provide translation services for a Member.
7.4. Security Services Referral. At the request of a Member who is experiencing threats to their personal safety, Castle may, to the extent practicable, arrange for Castle personnel or its strategic partners to refer such Member to security specialists within Castle Special Projects Group and CSAR teams to assist, coordinate, facilitate or engage in rescue, repatriation, protection or related services, for an additional charge.
7.5. Emergency Message Relay. Relay emergency messages to a Member’s family. Castle shall use means reasonably available to ensure transmission of such messages to listed next of kin as named in the CONNECT Program enrollment application process.
7.6. Transport of Medical Records, Documents and Studies. Arrange for the dispatch of medical records from the Member’s location to Castle’s and/or other appropriate locations, e.g., physicians at treating facilities, within the U.S., including other international regions of Castle’s operations.
7.7. CONNECT Health Information Services. To the extent permitted by law, Castle will provide Member with health information services by telephone, email, fax transmission, or other appropriate modes of communication, in Castle’s sole discretion, at the request of any Member. Such health information services do not entail diagnosis or treatment, or establish a physician-patient relationship between Castle and Member.
7.8. Health Information Privacy. Health record and information management services to the extent permitted by and in accordance with applicable law, Castle shall obtain, create, retain, manage and allow retrieval of Member’s health information (“Health Record”), as may be requested and/or provided by Member from time to time during the term of Membership. Member may request access, distribution and/or retrieval of Member’s Health Record or portions thereof at any time via such patient portal as Castle may make available. The method and manner of such access, distribution and/or retrieval of Member’s Health Record shall be at the sole discretion of Castle.
8. Additional Provisions
8.1. Castle shall not be under any obligation to pay for or provide any products or services not explicitly set forth in this Agreement, including but not limited to, payment or reimbursement of any hospital, physician or medical expenses, and including transport or any services not arranged for and provided by Castle. Any such expenses shall be the sole responsibility of the Member. Member acknowledges and agrees that this Agreement relates only to Castle’s facilitation of the rendering of Services and the provision of certain related products as specified herein.
8.2. This Agreement is not, nor shall it be construed as, a policy of insurance of any kind or nature.
8.3. By participating in the CONNECT Program, Member assigns and Castle retains the right to bill Medicare and/or any private insurance attributable to Member for Services provided herein. Member agrees to execute and deliver any required documents, including, but not limited to, a Power of Attorney, to effectuate the foregoing right to bill.
8.4. By participating in the CONNECT Program, Member authorizes insurance benefit payments to be made on Member’s behalf directly to the CONNECT Program and/or Castle for any Services provided to Member currently or in the future that are either provided and/or arranged for by Castle.
8.5. Member authorizes any holder of medical information or documentation about Member, to release such information to the appropriate insurance company, Castle and its CONNECT Program or any applicable governmental or third party payer.
8.6. Members are obligated to and shall remit promptly to Castle any insurance proceeds paid directly to the Member for Services provided by Castle through the CONNECT Program. Member shall ultimately be liable to and shall pay Castle and its CONNECT Program for any payments for Services that are rendered that are not timely paid, paid as submitted or paid within terms by Medicare and/or any private health/medical insurance provider of Member.
9. Payment. All Membership fees for the CONNECT program are due and must be paid on or before the commencement of the Membership coverage. All other fees, cost and expense incurred by Member attributable to third-party providers are under no circumstance Castle’s obligation/responsibility and Castle shall have no liability for payment thereof.
10. Refunds. Castle will not refund any portion of a Membership fee for the CONNECT Program after the Membership commencement date, except as otherwise provided herein.
11. Term. The CONNECT Program Membership term is one year, beginning on the enrollment date, which requires acceptance of an enrollment application and successful payment processing. A renewal within a current Membership term extends the existing expiration date of the Membership by one year; such renewal terms begin the day after the current term ends. When expired Memberships are renewed, the new Membership term is one year, beginning on the purchase date of the renewal. Renewal memberships do not require the 30-day processing period and medical background check for pre-existing medical conditions that are required for initial enrollment for Membership, but will require a new medical questionaire to update changes in medical condition(s). Memberships do not auto-renew, a new application must be filled out if a prior Membership expires.
12. Limitation of Liability. In no event shall Castle, Castle in- network providers, Castle contractors, or Castle’srespective oﬃcers, employees, directors, managers, members, shareholders, agents, legal counsel, accountants or guarantors (collectively, the “Castle Group”) be liable for any direct, indirect, compensatory, punitive, incidental, special, or consequential loss or damages whatsoever as a result of any action or omission by Castle or the Castle Group including, without limitation, any products or Services provided pursuant to the CONNECT program or Membership therein. Member acknowledges that accepting and receiving the Services described in this Agreement may put Member at extreme risk, and agrees to hold Castle and the Castle Group harmless for any and all loss or damages arising form or relating to Castle’s rendering of Services and Member’s acceptance and receipt thereof. Castle’s maximum liability for any type of damages or loss to Member shall be limited to the Membership fee paid to Castle for the CONNECT program Membership. Notwithstanding the foregoing, it is understood and agreed that Members shall be required to reimburse Castle for any services, including, those requested by the Member or their designated representative, that do not qualify as Services provided under this Agreement. At the sole discretion of Castle, Castle may require that the Member guarantee payment by credit card or other means acceptable to Castle before such services are provided, and Castle shall be under no obligation to provide Services should guarantee of payment not be provided to Castle.
13. Indemnity. Member agrees to indemnify, save and hold harmless Castle and the Castle Groupfrom and against any and all claims, fines, demands, cost, losses, liabilities, damages, lawsuits, actions, , taxes and expenses, whether or not arising out of third-party claims, including, without limitation, interest, penalties, reasonable attorneys’ fees, costs and expense (collectively, “Claims”), and, all amounts paid in investigation, defense or settlement of any of the foregoing Claims incurred in connection with, relating to or arising out ofMember’s acts or omissions or the acts or omissionsof any of such Member’s designated representative(s), agents or independent contractors, relating to or arising from this Agreement or the transactions contemplated hereunder.. Castle shall be subrogated to all of Member’s rights of recovery against any party or parties for loss, to the extent of any payment and/or cost made or incurred by Castle for services beyond the terms and conditions of this Membership Agreement.
14. Force Majeure.
Notwithstanding anything to the contrary contained in this Agreement, neither party will be liable to the other for loss, injury, delay, damages or other casualties suffered by a party due to force majeure, including but not limited to the following causes: strikes or other labor disputes; riots; acts of the public enemy; storms; fires; earthquakes; shipping delays not within the reasonable control of a party; acts of God; governmental or other authority action or restraint not within the reasonable control of a party; or any cause beyond the reasonable control of the party.
15. Use of Personal Information. Subject to applicable law, Member(s) hereby authorizes: (i) The release to or from Castle, any Castle contractor and/or their designated representatives, of any and all confidential Member information, including but not limited to, financial information and protected health information (as may be defined by applicable law, such as medical records, histories, examinations and tests, medical images, photographs, x- rays, output data from medical devices and sound and video files) (“Personal Information”), and (ii) Castle and Castle contractors to use any and all such Personal Information in connection with providing services hereunder, in their sole discretion. Member agrees to provide and to otherwise assist Castle in obtaining Personal Information when requested by Castle and acknowledges and agrees that Castle shall not be obligated to provide Services if Castle is not able to receive or release any necessary Personal Information required or requested by Castle, any Castle contractor or their designated representatives.
16. Informed Consent for Transport and Treatment. Member hereby gives informed consent for any Transport Services and related medical care of Member by Castle and/or Castle contractors contemplated by this Agreement. Member acknowledges and accepts that Member has been informed and understands the benefits and risks associated with medical transport operations, medical care and telemedicine (Including potential technology risk, such as interruptions, unauthorized access and/or technical diﬃculties) that may be requested and/or provided under this Agreement and hereby consents thereto and accepts such risks.
16.1. In-Flight Emergency Medical Care. Member understands and agrees that medical care, including emergency care, may be initiated during Transport by Castle and/or Castle contractors should such care become necessary in the professional judgment of Castle and/or Castle Aﬃliates and contractors. Member agrees to read and execute all forms, waivers, releases and other necessary documents prior to receiving Services under this Agreement.
16.2. Coverage Obligation. Castle shall not be obligated to provide CONNECT Program services of any kind, if all requested documents are not read, understood, and completed, including, but not limited to enrollment application process and preflight documents. All required information must be filled out before CONNECTPprogram Services will be made available to Member.
17. Designated Representative. In the event that a Member is unable to make decisions, Castle or Castle contractors will attempt to contact the Member’s designated representative or next of kin. For the purposes of making decisions on behalf of Member in regards to items or services set forth in this Agreement, the designated representative is the person or persons identified to Castle by the Member during enrollment or after as the primary person who will be making decisions on behalf of the Member in the event the Member becomes incapacitated (“Designated Representative”). The Designated Representative can be changed by providing prior written notice to Castle.
18. Amendment. Castle may amend this Agreement which amendment shall be eﬀective immediately upon Castle giving notice thereof by posting on the CONNECT Program website atwww.CONNECTSOS.com. Member may seek termination of Membership upon such amendment of terms by Castle if Member provides written notice to Castle 30 days in advance of a proposed termination date. Member’s Membership fees will be rebated by Castle after proration of fees for time not used less a $9.99 service charge. Refunds will be remitted to Member’s address of record via check.
19. Disputes and Arbitration. In the event of a dispute related to this Agreement the Parties agree to the following:
19.1. Binding Arbitration. Member and Castle (the “Parties”) agree to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to this Agreement and/or Member’s use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) to binding arbitration rather than the filing of a lawsuit in any forum other than set for in this section. The parties agree arbitration is final and binding on them, with no right of appeal, and, under appropriate circumstances such as misconduct by the arbitrator, subject to only very limited review by a court. The parties also waive the right to any review or recourse to any court or other judicial authority, insofar as such waiver may be validly made, except to enforce an arbitrator’s injunctive relief or to make an arbitration award a judgment each in a civil action before a court in the forum designated hereunder. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Agreement and/or Member’s use of Services hereunder.
19.2. Arbitration Procedures. (i)Member and Castle must first present any claim or dispute to the other partyby prior notification to such party in writingof the claim or dispute to allow an opportunity to resolve the claim or dispute through good faith negotiations The Party providing notification of a claim or disputemay request arbitration if its claim or disputecannot be resolved within 60 days after presenting the claim or dispute to the other party;(ii) The Party providing notificationmay request arbitration against the other Partyat any time after it has notified that Party of a claim or dispute that involves a request for injunctive relief. (iii) The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of Judicial Arbitration and Mediation Services (JAMS), as modified by this Agreement. (iv)The place of any arbitration will be conducted in the United States at Phoenix, Arizona and in the English language. (v) Claims and disputes will be heard by a single arbitrator. (vi) The arbitrator may not (a) award relief in excess of or contrary to what this Agreement provides,(b) order consolidation or arbitration on a class wide or representative basis, (c) award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, however, the arbitrator may award a partydamages allowed and/or required by statute andthe arbitrator may order injunctive or declaratory relief; (vii) Any arbitration shall be confidential, and neither Member, nor Castle nor the arbitrator may disclose the existence, content or enforcement or appeal of the arbitration award. (viii) Judgment on any arbitration award may be entered in any court having proper jurisdiction. (ix) If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and eﬀect.
19.3. No Class Actions. There shall be no right or authority for any claims or disputes arising from or relating to this Agreement or the transactions contemplated hereunder subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of a class or the general public (including, but not limited to, as a private attorney general).
19.4. Fees & Expenses. All administrative fees and expenses of arbitration will be divided equally between Member and Castle. Each Party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
19.5. One Year Clause. Any Party having a claim or dispute must notice the other Party in writing within one year of the date of occurrence of the event or facts giving rise to a claim or dispute, or such Partywaives the right to pursue any claim or dispute based upon the occurrence of such event or facts.
20. Fraudulent Activity. Any fraud, misrepresentation, omission or concealment in the statements and/or actions made by Member in obtaining Membership or requesting Services may render Member ineligible to receive Services from Castle, at Castle’s sole discretion, including but not limited to, knowingly purchasing a CONNECT Program Membership when a medical or security event has already commenced or is imminent or when any other Membership exclusions exist. All products and Services provided hereunder shall be forfeited by Member and Castle shall be entitled to reimbursement, including attorney’s fees, for any products or Services provided by Castle, its Affiliates or contractors based on such fraud, misrepresentation, omission or concealment in Member’s statements and/or actions.
21. Modification, Amendment. Except as otherwise provided in Paragraph 14 herein, this Agreement may only be amended or modified by a written document executed by both Parties.
22. Benefit. This Agreement will inure to the benefit of and bind the respective successors and permitted assigns of the Parties hereto.
23. Waiver. The waiver by either Party of any breach or violation of or default under any provision of this Agreement shall not be a waiver of such provision or of any subsequent or continuing breach, violation or default under this Agreement.
24. Notices. Any notice or other communication required or permitted hereunder shall be in writing and shall be delivered personally or sent by certified or registered mail, return receipt requested, and postage prepaid to the address set forth with the signatures executed hereinbelow, or more current address as noticed herein. Any such notice shall be given when so delivered personally, or, if mailed, fifteen (15) days after the date of deposit in the official mail carrier native to the Party mailing the notice.
25. Severability. In the event any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
26. Headings and Pronouns. The captions and headings of paragraphs of this Agreement are for convenience and reference only and are not to be used to interpret, define or limit the provisions hereof. As used herein, the masculine gender includes the feminine and/or neuter, and the neuter includes the feminine and/or masculine, and the singular number includes the plural, and conversely.
27. Arms Length Negotiation.
The Parties hereto had the benefit of legal counsel or the opportunity for legal counsel to advise in connection with entering into this Agreement, neither Party was acting under any threat or duress. The Parties hereby waive the application of any rule of law with respect to interpreting ambiguities that may exist herein against the Party whose attorney prepared any draft hereof.
28. Entire Agreement.
This Agreement and all attached and attendant Exhibits, if any, states the entire agreement between the Parties and merges herein all statements, representations and covenants heretofore made, and any other agreements not incorporated herein are void and of no force and effect. The Parties waive, abandon and relinquish any and all claims of any kind and/or nature against each other arising from or out of or in connection with any prior agreement between them in connection with the matters and transactions contemplated herein.
The terms and conditions set forth in this Agreement, including, but not limited to, all indemnification, hold harmless, arbitration, fraud and similar provisions, shall survive the execution of this Agreement.
30. Attorneys' Fees. If any action shall be brought to enforce the provisions of this Agreement, the prevailing party in such action shall be entitled, in addition to any other relief, to recover reasonable attorneys' fees and other costs and expenses incurred in such action in an amount to be fixed and determined by the arbitrator, tribunal or decider of fact.
31. Governing Law; Venue. This Agreement shall be subject to, construed, governed and enforced by the laws of the State of Arizona. If this Agreement requires a local governing law, such local governing law shall be the law of the State of Arizona. In the event of any dispute arising out of or in connection with this Agreement, the Parties agree to submit the matter to arbitration as provided in Paragraph 15 herein. The Parties recognize and acknowledge that irreparable damage without an adequate remedy at law may result from a breach of the provisions of this Agreement. The Parties therefore agree that, in addition to any and all other remedies available to them, they may apply for and be entitled to a restraining order, injunction, decree of specific performance, or other equitable relief as may be decreed or issued by an arbitrator and enforced by a court of competent jurisdiction as to any of the provisions of this Agreement. The Parties to this Agreement agree that any arbitration or action arising out of or related to this Agreement or the arbitration hereof shall be brought in the location of Phoenix, Arizona.
Acknowledgment and Acceptance.
I acknowledge that I have received, read, and understand this Agreement and agree to the terms and conditions of this Agreement. I represent that all the information I submitted during the CONNECT Program enrollment application process is accurate and all medical information to include medical history has been provided with full disclosure. By clicking the checkbox to agree to terms and conditions, I am hereby proving my digitial signature confirming acknowledgement and acceptance.
SCHEDULE OF FEES*
SHORT TERM PLAN $199.00
7 day coverage, unless Member has U.S. based private health care policy in effect, Membership will remain in effect for 30 days.
INDIVIDUAL ANNUAL PLAN $399.00
365 day coverage for individuals over the age of 18 and younger than 70 at the time of enrollment.
FAMILY ANNUAL PLAN $599.00
365 day coverage for families, covered are two primary over the age of 18 and younger than 70 at the time of enrollment and two dependants living under the same roof as primary Member, dependants must be under 21 at the time of enrollment.
Prices subject to changes and modifications depending on country of destination and/or sale.