At Dominion, we believe that proactive preventative care is a key factor in improving the quality of your pet’s life, and is sometimes what saves or adds years to their lives.
TERMS AND CONDITIONS:
This is why we have developed our wellness plans, to help make caring for your loved ones simple and affordable. We strongly suggest that you take advantage of the opportunity to create a means for providing the care your pet deserves.
This WELLNESS PLAN AGREEMENT (“Agreement”) is made between the client named below (the “Client”) for the pet identified below (“Pet”) and Dominion Animal Hospital (“Provider”) and its effective date shall be the day the Client signs this Agreement (the “Effective Date”). The Client and the Provider may be referred to as a “Party” or collectively as “Parties.” By signing this Agreement, Client agrees to the terms and conditions of the Wellness Plan (“Plan”) identified below.
1) Term. The term of this Agreement shall commence on the Effective Date and shall continue for 12 months (“Initial Term”), unless earlier terminated in accordance with this Agreement.
2) Automatic Renewal. This Agreement will automatically extend on each anniversary of the Effective Date (“Renewal Date”) for an additional period of 12 months, unless the Client provides written notice to the Provider at least 30 days prior to the Renewal Date or the Agreement is earlier terminated in accordance with this Agreement. The Initial Term and each subsequent 12 month renewal period (“Renewal Term”) shall be collectively referred to as the “Term.”
3) Provider Approval. Eligibility to participate in the Plan is subject to the sole discretion of the Provider. When signing up the Pet, the Provider will select the wellness plan in which the Pet will spend the majority of the Initial Term.
4) Covered Services. The Plan consists of discounted veterinary services described in Attachment A, which are incorporated into this Agreement by this reference. This Agreement does not cover any services not listed under the Plan in Attachment A. This Agreement and the services provided pursuant to the Plan are not insurance.
5) Non-Refundable Enrollment Fee. Client agrees to pay the Provider the initial non-refundable enrollment fee of $69.99 at the time the Client enrolls in the Plan by signing this Agreement. Client is not required to pay an additional enrollment fee when the Client automatically renews the Plan. If the Client restarts the wellness program after termination, the Client must re-apply and pay the enrollment fee.
6) Monthly Fees under the Plan. Client agrees to pay to the Provider monthly fees under the Plan, for the Term of the Agreement, in the amount described in the Plan in Attachment A (“Monthly Fees”).
7) Termination of Plan. This Agreement may be terminated in accordance with the following terms and conditions:
a. Termination by Client for Any Reason. This Agreement may be terminated at any time by the Client by providing written notice to the Provider. If the Client terminates this Agreement after services are rendered under the Plan, Client must pay to the Provider the difference of the full retail value for services provided under the Plan less the Monthly Fees paid by the Client as of the date of termination (“Discounted Amount”). The Client must pay the Discounted Amount immediately upon termination of this Agreement. The Client remains responsible for payment of any balance on the Client’s account. The Provider is not obligated to provide any refunds or additional discounts after termination of this Agreement.
b. Termination by Provider or for Failure to Pay. The Provider may terminate this Agreement at any time by providing written notice to the Client. If the Provider terminates this Agreement due to the Client’s failure to pay any amounts due, including the enrollment fee, Monthly Fee, the Provider Collection Fee (as defined below), or bill for services, the Client must pay, within 30 days of notice of termination, the outstanding balance due on the Client’s account plus the Monthly Fees for the remainder of the Term. The Provider is not obligated to provide any refunds or additional discounts after termination of this Agreement.
c. Termination by Death or Client Move. The Agreement will terminate in the unfortunate event of the Pet’s death. In the case of the Pet’s death, Client is responsible only for the Monthly Fee for the month in which the Pet dies plus any outstanding balance due on the Client account. If the Client moves further than 60 miles away from the Client’s address as of the Effective Date of this Agreement and can provide proof of residence, then the Client may terminate the Agreement and Client is responsible only for the Monthly Fee in the month of termination plus any outstanding balances on the Client’s account. In the case of termination by death of the Pet or Client move, the Client is not responsible for paying for the Monthly Fee for the remainder of the Term. The Provider is not obligated to provide any refunds or additional discounts after termination of this Agreement.
8) Non-Transferable. This Agreement and the services provided hereunder are not transferable to another pet, may not be shared between pets, and may only be used for the Pet specified on this contract.
9) No Carry Over. Unused services are not refunded and do not carry over to subsequent renewal terms.
10) Monthly Fee Adjustment.
a. The Provider reserves the right to adjust the monthly fees for the Renewal Term if the Pet exceeds the age for the Plan under this Agreement. Automatic renewals will be subject to the appropriate Wellness Plan based on the Pet’s age at the time of the automatic renewal.
b. Periodic increases in the costs of the Wellness Plans or changes in the types of services covered within the Wellness Plan may occur but not without notice to the Client. Provider will provide notice of proposed increases or changes in the scope of services at least 45 days prior to Renewal Date. The notified changes will become effective upon the Renewal Date. Client will need to adjust the automatic payment enrollment accordingly if Client takes advantage of this payment feature.
11) Discounts. The 5-10% discount applies to all Providers’ products and services which are not included in Plan, subject to the exclusions provided in this Agreement. No other discounts apply in conjunction with this Agreement.
12) Unlimited Exams. Unlimited exams apply to regular office hours only. Client agrees that appointment availability remains on a “first come, first serve” basis. Although Provider will make a reasonable effort to accommodate Client, the Plan does not include a guarantee that Client will get Client’s choice of appointment time.
13) Automatic Payment. Client may enroll in automatic payment by credit card for Monthly Fees. We do not accept American Express at this time. The Provider uses a third-party vendor to process automatic credit card payments. The Client is responsible for notifying the Provider if there is a change in the credit card on file for automatic payment.
14) Payment. The Client agrees to pay invoices immediately at the time services are rendered.
15) Collection Fee. Client understands that Provider may charge a $25 collection fee for any payments that are past due (“Provider Collection Fee”). If the Client’s account, after default, is referred to an attorney or collection agency for collection, Client shall pay all of the Provider’s expenses incurred in such collection efforts including, but not limited to, court costs and reasonable attorneys’ fees.
16) Waiver. The waiver by either Party of any breach by the other Party of any of the other Party’s obligations under this Agreement or the failure of a Party to exercise any of its rights in respect of such breach will not be deemed to be a waiver of any later breach.
17) Validity of Terms. If any term or provision of this Agreement shall be held void, illegal, unenforceable, the validity of the remaining portions or provisions of this Agreement shall not be affected thereby.
18) Jurisdiction. The Parties agree to personal jurisdiction in the Commonwealth of Virginia and that the exclusive venue for any dispute shall be the appropriate state court in Fairfax County, Virginia (the Fairfax County Circuit Court or the Fairfax County General District Court) or the United States District Court for the Eastern District of Virginia (Alexandria Division), as may be appropriate.
19) Entire Agreement. This Agreement and Attachment A, constitutes the entire agreement between the Parties, and no other understanding that modifies the terms hereof shall be binding unless made in writing and signed by the Practice Manager.