NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
Effective Date: June 15, 2026
Positive Primary Care PC (the “Practice”) is committed to protecting the privacy of your health information. “Protected health information,” or “PHI,” means information that identifies you, or could reasonably be used to identify you, and that relates to your physical or mental health, the care provided to you, or payment for that care. The Practice is required by law to maintain the privacy of your PHI, to provide you with this Notice of its legal duties and privacy practices, to abide by the terms of the Notice currently in effect, and to notify you following a breach of unsecured PHI. This Notice describes how the Practice, its workforce, its Business Associates, and their subcontractors may use and disclose your PHI, and itapplies to all PHI created or maintained by the Practice.
1. How We May Use and Disclose Your Health Information Without Your Authorization.
a. Treatment. We may use and disclose your PHI to provide, coordinate, and manage your care, including disclosures to other providers, laboratories, pharmacies, and facilities involved in your treatment. For example, we may share PHI with a specialist to whom you are referred.
b. Payment. We may use and disclose your PHI to bill and collect the membership Fee and any charges for items or services, and to document the services provided to you.
c. Health Care Operations. We may use and disclose your PHI for our operations, such as quality assessment, reviewing the competence of our providers, business management, and general administrative activities.
d. Individuals Involved in Your Care. Unless you object, we may disclose to a family member, relative, or other person you identify the PHI directly relevant to that person’s involvement in your care or payment for your care.
e. Appointment Reminders and Health-Related Communications. We may contact you to provide appointment reminders or information about treatment alternatives or other health-related benefits and services that may be of interest to you.
f. As Required or Permitted by Law. We may use or disclose your PHI without your authorization when required or permitted by law, including for public health activities; reporting of abuse, neglect, or domestic violence; health oversight activities; judicial and administrative proceedings; law enforcement purposes; disclosures to coroners, medical examiners, and funeral directors; organ and tissue donation; research that has been approved as required by law; to avert a serious and imminent threat to health or safety; specialized government functions, including military and national security activities; and workers’ compensation.
2. Specially Protected Health Information. Certain categories of information receive heightened protection under federal and California law, and the Practice will not use or disclose them except with your specific authorization or as the law otherwise specifically permits. These categories include information concerning HIV and AIDS, mental health, developmental disabilities, substance use disorder treatment, reproductive and sexual health, and genetic information. Where federal and California law differ, the Practice will follow the more protective standard.
3. Uses and Disclosures That Require Your Written Authorization. Other than as described in this Notice, the Practice will use or disclose your PHI only with your written authorization. This includes most uses or disclosures of psychotherapy notes, if any are maintained; uses or disclosures for marketing purposes; and any sale of PHI. You may revoke a written authorization at any time by submitting your revocation in writing to the Privacy Officer, except to the extent the Practice has already taken action in reliance on it.
4. Your Rights Regarding Your Health Information. You have the following rights with respect to your PHI. To exercise any of these rights, submit your request in writing to the Privacy Officer identified below.
a. Right to Request Restrictions. You may request a restriction on the use or disclosure of your PHI for treatment, payment, or health care operations, or to a person involved in your care. The Practice is not required to agree to a requested restriction, except that the Practice must comply with a request to restrict disclosure to a health plan for an item or service that you have paid for in full out of pocket.
b. Right to Confidential Communications. You may request that we communicate with you about your PHI by alternative means or at an alternative location, and we will accommodate reasonable requests.
c. Right to Access, Inspect, and Copy. You have the right to inspect and obtain a copy of your PHI maintained in adesignated record set, including an electronic copy of PHI maintained electronically. We will permit you to inspect your records during business hours within five (5) business days of your written request, and we will provide copies within fifteen (15) days of your request. We may charge a reasonable, cost-based fee as permitted by law. If you request records for the purpose of supporting an application, claim, or appeal regarding your eligibility for a public benefit program, we will provide one copy at no charge within thirty (30) days of your request.
d. Mental Health Records. If your records include mental health information, the Practice may decline to provide you with direct access where, in the professional judgment of the Physician, there is a substantial risk of significant adverse or detrimental consequences to you from such access. In that event, the Practice will permit a licensed professional designated by you to inspect the records on your behalf.
e. Right to Request an Amendment. You may request that we amend PHI that you believe is incorrect or incomplete. We may deny your request under certain circumstances and will provide a written explanation if we do. Whether or not we agree to amend the record, you may submit a written addendum of up to 250 words for each item you believe is incomplete or incorrect, and we will make the addendum part of your record.
f. Right to an Accounting of Disclosures. You have the right to receive an accounting of certain disclosures of your PHI made by the Practice, as provided by law.
g. Right to a Paper Copy of This Notice. You have the right to obtain a paper copy of this Notice upon request, even if you have agreed to receive it electronically.
h. Right to Be Notified of a Breach. You have the right to be notified following a breach of your unsecured PHI.
i. Choose Someone to Act for You. If you have given someone a medical power of attorney, or if someone is your legal guardian, that person may exercise your rights and make choices about your PHI. We will verify that the person has this authority before taking any action.
5. Our Duties and Changes to This Notice. The Practice is required to maintain the privacy of your PHI, to provide this Notice, and to abide by the terms of the Notice currently in effect. The Practice reserves the right to change this Notice and to make the revised Notice effective for all PHI it maintains. If we make a material change, we will make the revised Notice available at our office and, where applicable, on our website, and we will provide it to you upon request.
6. Complaints. If you believe your privacy rights have been violated, you may file a complaint with the Practice’s Privacy Officer, or with the Secretary of the U.S. Department of Health and Human Services, Office for Civil Rights. You will not be retaliated against in any way for filing a complaint.
7. Contact Information. Dr. Christopher Schiessl serves as the Practice’s Privacy Officer. To exercise any of your rights,
ask questions about this Notice, or file a complaint with the Practice, contact:
Dr. Christopher Schiessl, Privacy Officer
Positive Primary Care PC
500 South Palm Canyon Dr, Suite 307, Palm Springs, CA 92264
(760) 649-9865, Dr.Schiessl@positiveprimarycare
WEBSITE PRIVACY POLICY
Positive Primary Care PC
Effective Date: July 29, 2026
This Privacy Policy explains how Positive Primary Care PC, a California professional medical corporation (“Positive Primary Care,” “we,” “us,” or “our”), handles information collected through the website located at www.positiveprimarycare.com (the “Site”). It applies only to information collected through the Site. Please read it together with our Terms of Use.
1. Scope of This Policy
This policy governs only the information we collect through the Site. It is not our Notice of Privacy Practices, and it does not apply to protected health information or to any medical information about you. If you are a patient of Positive Primary Care, the information we collect and use in connection with your care is governed by our Notice of Privacy Practices and by applicable state and federal health-privacy law, not by this policy.
2. Information You Provide to Us
If you use the contact form on the Site, we collect the information you enter, which may include your first name, last name, telephone number, and email address. We use this information only to respond to your inquiry. The Site is not a way to obtain care, and you should not submit any health information, description of a medical condition, or other sensitive information through it.
3. Cookies and Site Analytics
The Site uses only cookies that are strictly necessary for it to function. We do not use third-party analytics or advertising cookies, and we do not use tools that track you across other websites.
4. How We Use Information
We use the information collected through the Site only to respond to your inquiry, to operate and maintain the Site, and to comply with law. We do not use it to make any treatment decision, and submitting the form does not create a physician-patient relationship.
5. How We Share Information
We do not sell your information, and we do not share it with third parties for their own advertising. We may share it with service providers that help us operate the Site, our email, or our own marketing, such as our website host, email provider, and any marketing platform we use, and only as needed for them to perform those services for us. We may also disclose information if required by law or to protect our legal rights.
6. Data Retention
We keep the information you submit through the contact form for as long as needed to respond to your inquiry and for a reasonable period afterward.
7. Security
We use reasonable measures to protect information collected through the Site. No method of transmission or storage is completely secure, however, and we cannot guarantee absolute security.
8. Third-Party Links
The Site may link to websites we do not operate. This policy does not apply to those sites, and we are not responsible for their content or privacy practices. We encourage you to review the privacy policy of any site you visit.
9. Children’s Privacy
The Site is intended for adults and is not directed to individuals under 18 years of age. We do not knowingly collect personal information through the Site from individuals under 18. If you believe that an individual under 18 has provided us with personal information through the Site, please contact us, and we will take appropriate steps to delete it.
10. Changes to This Policy
We may update this policy from time to time. When we do, we will revise the “Effective Date” above and post the updated policy on the Site. Your continued use of the Site after the updated policy is posted constitutes your acceptance of it.
11. Contact Us
If you have questions about this policy, contact us at Dr.Schiessl@positiveprimarycare.com or
Positive Primary Care PC
Suite 307
500 South Palm Canyon Dr
Palm Springs, CA 92264
WEBSITE TERMS OF USE
Positive Primary Care PC
Effective Date: July 29, 2026
These Website Terms of Use (these “Terms”) govern your access to and use of the website located at www.positiveprimarycare.com (the “Site”), which is operated by Positive Primary Care PC, a California professional medical corporation (“Positive Primary Care,” “we,” “us,” or “our”). Please read these Terms carefully. By accessing or using the Site, you agree to these Terms. If you do not agree, do not access or use the Site.
1. Acceptance of These Terms
By accessing or using the Site in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. We may revise these Terms at any time as described in the “Changes to These Terms” section below.
2. Informational Purpose Only
The Site provides general information about Positive Primary Care and the services it offers. All content on the Site is provided for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
3. No Medical Advice
Nothing on the Site is, or should be relied on as, medical advice. Reading the Site or contacting us through it does not establish care. Do not disregard, avoid, or delay obtaining medical advice from a qualified health care professional because of anything you read on the Site. If you think you may have a medical emergency, call 911 or go to the nearest emergency room immediately.
4. No Physician-Patient Relationship
Your use of the Site, and any inquiry you submit through it, does not create a physician-patient relationship between you and Positive Primary Care or any physician. A physician-patient relationship is formed only if Positive Primary Care accepts you as a patient and you enter into a membership agreement with the practice. Any contact form on the website for general inquiries only. Please do not include any health information, description of a medical condition, or other sensitive information in the form.
5. Intellectual Property
The Site and all content on it, including text, graphics, logos, images, and the arrangement of them, are owned by Positive Primary Care PC or its licensors and are protected by intellectual property laws. You may view and use the Site for your personal, non-commercial purpose of learning about the practice. You may not copy, reproduce, distribute, modify, or create derivative works from the Site, and you may not use our name, logos, or marks, without our prior written permission.
6. Third-Party Links
The Site may contain links to third-party websites that we do not own or control. We provide these links for convenience only. We are not responsible for the content, policies, or practices of any third-party website, and a link does not imply our endorsement. Your use of any third-party website is at your own risk and subject to that site's terms and privacy policy.
7. Testimonials and Reviews
Any testimonials or reviews on the Site reflect the individual experiences of the people who provided them. They are not a prediction or guarantee of any particular result, and individual results vary.
8. Disclaimer of Warranties
The Site is provided “as is” and “as available.” To the fullest extent permitted by California law, we disclaim all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components, or that any information on the Site is accurate, complete, or current.
9. Limitation of Liability
To the fullest extent permitted by California law, Positive Primary Care and its owners, physicians, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising out of or relating to your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages.
10. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Effective Date” above and post the updated Terms on the Site. Your continued use of the Site after the updated Terms are posted constitutes your acceptance of them.
11. Dispute Resolution; Governing Law
We want to resolve any concerns without a formal legal proceeding. Before filing any claim against Positive Primary Care, you agree to first try to resolve the dispute informally by sending written notice of the dispute to Dr.Schiessl@positiveprimarycare.com. We will try to resolve it informally as well and may contact you by email to do so. If the dispute is not resolved within thirty (30) days after we receive your notice, either of us may pursue the matter in court as described below.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Site will be resolved in the state or federal courts located in Riverside County, California, and you consent to the jurisdiction of those courts.
12. Contact Us
If you have questions about these Terms, contact us at dr.Schiessl@positiveprimarycare.com or
Positive Primary Care PC
Suite 307
500 South Palm Canyon Dr
Palm Springs, CA 92264
MEMBERSHIP AGREEMENT
This Membership Agreement (this “Agreement”) is made between Positive Primary Care PC, a California professional medical corporation (“we” or “Practice”), and you (“you” or “Patient”). In
exchange for the Fees described in this Agreement, the Practice provides access to primary care services on the terms and conditions set forth herein. This Agreement complements the
Practice’s Notice of Privacy Practices and any related forms, notices, and consents that apply to the services provided to you by the Practice. The Practice provides services only to adults aged
eighteen (18) and older.
1. Services. As used in this Agreement, “Services” means the primary care services and certain related services offered by the Practice. Services are available only to patients located in California at the time of the visit.
a. Included Services.
i. Your membership includes primary care services consistent with the training and experience of one or more Practice physicians (each, a “Physician”) and as permitted under California law, including well and sick care, basic preventive services, and wellness exams. Your Physician will determine the appropriate scope of primary care services on a case-by-case basis.
ii. The number of in-person and virtual visits you may receive is not limited by this agreement.
iii. Certain medications and outside laboratory tests associated with the Services are Excluded Items as described in Section 1.b and are not covered by the Fee. The Practice does not dispense medications and does not maintain an on-site pharmacy.
iv. The Practice may modify the scope of Services offered at any time based on the professional judgment of the Physician.
v. The Practice will coordinate with third party healthcare providers you identify regarding your care to the extent you request.
b. Excluded Items.
Your membership does not cover, and you remain solely responsible for, the following (collectively, “Excluded Items”): hospital services, emergency room visits, and urgent care facility visits; laboratory testing and pathology performed by outside companies; vaccinations; radiology and imaging; prescription medications; durable medical equipment; care from specialists or other providers to whom you are referred, whether by the Practice or otherwise; any other services provided by third parties; and any services not expressly included in your membership. The Practice is not responsible for any charges for Excluded Items, even where it has ordered or referred you for them, and you agree to pay all amounts billed to you for Excluded Items. The Practice will endeavor, where possible, to order Excluded Items in a manner that is cost effective for you. We strongly recommendthat you obtain and maintain health insurance to cover Excluded Items. Your membership is personal to you and is non-assignable, non-transferable, and may not be resold.
c. Controlled Substances.
The Physician may prescribe controlled substances when, in the Physician’s professional judgment and following an appropriate evaluation consistent with applicable law, such treatment is medically necessary and appropriate. Any prescribing of controlled substances will comply with all applicable federal and California requirements, including consultation with the Controlled Substance Utilization Review and Evaluation System (CURES) as required. If the Practice prescribes controlled substances to you on an ongoing basis, you may be required, as a condition of continued prescribing, to enter into a separate Controlled Substances Agreement and to comply with its terms, which may include single-prescriber and single-pharmacy requirements, periodic drug testing, and limits on early or replacement refills.
2. Consent to Treat.
You acknowledge, consent to, and authorize the Practice to carry out your healthcare treatment, including the administration of treatments and prescribed medications, the performance of diagnostic and other procedures, and the ordering of laboratory and other tests, in each case as the Physician considers medically necessary or advisable. This consent is given in advance of any specific diagnosis or treatment, is voluntary, and is continuing in nature. You may revoke this consent in writing at any time, and such revocation will not affect any action taken before the Practice received it.
3. Telehealth Services.
The Practice may provide certain Services to you virtually via telehealth. “Telehealth” means the delivery of healthcare services using technology when the provider and patient are not in the same physical location, including the electronic transmission of medical records, images, and other data, and real-time or asynchronous interactions by audio, video, text, or other electronic means. The benefits of telehealth include improved access to care. The possible risks include delays in evaluation or treatment due to equipment or technology failures, and the possibility that your condition cannot be adequately evaluated or treated by telehealth, which may require you to seek in-person, alternative, or emergency care. You consent to receive Services via telehealth and to the recording and processing of your personal and medical information as necessary to provide those Services, and you may withdraw this consent at any time by no longer seeking telehealth Services from the Practice.
4. Scheduling, Availability, and Communications.
a. Availability.
The Physician’s regular office hours are Monday through Thursday from 8:00 a.m. to 4:00 p.m. and Friday from 8:00 a.m. to 12:00 p.m. You may reach the Practice by text message, through the patient portal, and by telephone. The Practice will make every effort to address your medical needs in a timely manner but cannot guarantee availability and cannot guarantee that you will not need to seek treatment in an urgent care or emergency department setting.b. After-Hours Access for Urgent Matters. Outside of regular office hours, the Physician is available on a twenty-four (24) hour, seven (7) day per week basis for urgent matters only, meaning matters that, in the Physician’s judgment, cannot reasonably wait until the next business day. After-hours access is not a substitute for emergency care.
c. Missed and Late-Cancelled Appointments.
If you need to cancel a scheduled appointment, the cancellation must be completed at least 24 hours prior to your appointment. If you do not arrive for an appointment, or are significantly late, you may be charged a $50.00 fee. Exceptions to this policy may be granted at the Practice’s discretion. Repeated no-shows or repeated cancellations made on short notice place a burden on the Practice and other patients, and a pattern of such conduct may, in the Practice’s discretion, be grounds for review and possible termination of your membership under Section 9.
5. Membership Fee.
The mandatory Initial Term and renewal conditions, along with amount of the Fees and other related information will be outlined in Attachment 1 or otherwise
provided to you at the time of enrollment.
6. Disclaimer of Non-Insurance.
The Practice is not an insurer, and the Fees are not insurance premiums. This Agreement is not a health insurance plan, is not a substitute for health insurance, and does not meet any individual or group health plan mandate, including the minimum essential coverage requirement under the Patient Protection and Affordable Care Act (26 U.S.C. Section 5000A). Because this Agreement is not insurance, it is not subject to the protections of any insurance law. This Agreement provides access to the Services provided directly to you by the Practice; the Practice does not accept or assumeany risk for the cost of healthcare services provided by third parties. We strongly recommend that you maintain health insurance for services not included in your membership.
7. Non-Participation in Health Insurance and Medi-Cal. Neither the Practice nor its
Physicians participate in any public or private health insurance plan, including
Medi-Cal.
The Practice will not file a claim with, or bill or collect from, your health insurance plan or Medi-Cal for any Services, and the Practice makes no representation regarding third-party reimbursement of Fees. You agree that the Fee is your sole payment obligation for the Services and that you will not submit, or ask the Practice to submit, any claim to a health plan or Medi-Cal for Services. You represent that you are not currently enrolled in Medi-Cal, and you agree to notify the Practice if you become enrolled in Medi-Cal during the term of this Agreement. The Practice reserves the right to decline enrollment, or to terminate your membership, if you are or become a Medi-Cal beneficiary. Nothing in this Agreement suggests that you should cancel any health insurance you maintain.
8. Non-Participation in Medicare. The Physician has elected “opt out” status under the
Medicare program.
Medicare cannot be billed for any Services performed under this Agreement, and you agree not to submit, or ask the Practice to submit, any claim to Medicare for such Services. If you are now eligible for Medicare, or become eligible duringthe term of this Agreement, you agree to notify the Practice and to sign the Practice’s Private Contract and Notice of Non-Covered Services (the “NCS Form”) as a condition of continued membership. If you are or become Medicare eligible and choose not to sign the NCS Form, your membership will terminate and any unearned Fees will be refunded to you.
9. Termination.
Both you and the Practice have the absolute and unconditional right to terminate this Agreement, with or without cause, as set forth in this Section 9.
a. By You.
You may terminate this Agreement at any time after the Initial Term by providing the Practice at least thirty (30) days’ written notice. If you do not provide at least thirty (30) days’ notice, your membership will terminate at the end of the monthly billing cycle following the cycle in which you provide notice, and the Fee for that cycle will be due. In the event of a member’s death, the membership will be cancelled upon notification.
b. By the Practice.
The Practice may decline to accept you as a patient, or terminate your membership, based on its capacity to appropriately meet your primary care needs, the size of its current patient panel, or because your needs fall outside the Physician’s scope of practice. The Practice may also terminate this Agreement without cause on thirty (30) days’ written notice, or on such shorter notice as may be necessary, and will assist you in transitioning your care in accordance with California law and applicable professional obligations.
c. Immediate Termination.
The Practice may terminate this Agreement immediately upon written notice in circumstances including, but not limited to, the following:
i. you fail to pay the Fee or any other amount when due, including missing two (2) consecutive monthly payments;
ii. you fail to sign the NCS Form, a Controlled Substances Agreement, or other documentation required under this Agreement;
iii. you have committed fraud or made a material misrepresentation to the Practice;
iv. you fail to adhere to the recommended treatment plan;
v. you are disruptive or abusive, or present an emotional or physical danger to the Physician, staff, or other patients; or
vi. the Practice discontinues operation.
10. Re-Enrollment.
If you later wish to re-enroll, the Practice will evaluate your request on a case-by-case basis and reserves the right to decline re-enrollment or to require a re-enrollment fee.
11. Locations for Services.
The Practice may provide Services to you in person or virtually via telehealth. You agree to access telehealth Services only while you are physically located in the State of California. In-person Services may be rendered at the Practice’s office located at 500 South Palm Canyon Dr, Suite 307, Palm Springs, CA 92264 or at such other locations as the Practice and you may agree from time to time. You acknowledge that you have requested to receive Services from the Practice through any of these deliverymethods, and you consent to the rendering of medical treatment and Services considered necessary and appropriate by the Physician at the time of the visit. You have the right to decline treatment and Services at any time. No assurance or guarantee has been made to you concerning the outcome or results of any treatment or Services.
12. Emergencies. THE SERVICES ARE NOT FOR USE IN AN EMERGENCY.
If you believe you are experiencing an emergency, or that someone needs immediate medical assistance, call 911 or go to the nearest emergency department and follow the directions of emergency personnel.
13. Physician Absence.
From time to time, due to vacation, illness, or personal emergency, the Physician may be temporarily unavailable. The Practice will give you as much notice of any planned absence as is reasonably possible. During any period of unavailability in which no covering provider is available, patients with urgent concerns should seek care at an urgent care center or emergency department as appropriate.
14. Privacy and Communications.
a. Notice of Privacy Practices.
You acknowledge that you have received a copy of the Practice’s Notice of Privacy Practices and consent to the Practice’s use and disclosure of your health information as described in that document and as necessary to carry out your treatment, payment, and healthcare operations.
b. Electronic Communications.
The Practice offers communication by patient portal, email, text message, telephone, and other electronic means. Although the Practice makes reasonable efforts to keep these communications confidential and secure, electronic communications cannot be guaranteed to be secure or confidential. By using these methods, you waive any guarantee of confidentiality with respect to their use, and you authorize the Practice to communicate with you, including regarding your protected health information, by the methods you have provided. Participation is not a condition of membership, and you may decline any particular method. Email and text are not appropriate for emergencies or time-sensitive matters. The Practice will not be liable for any loss, injury, or expense arising from a delay in response caused by a technical failure, including failures of internet or telephone service, power outages, software or hardware failures, or the unauthorized interception of communications by a third party.
c. Recording Prohibited.
Unless you have the Practice’s express written consent in advance, recording your interactions with the Physician or any member of the care team, and recording or photographing any Practice facility, is prohibited.
15. Legal Proceedings and Witness Fees.
If the Practice or the Physician is required to respond to or participate in any legal, administrative, or other proceeding or process involving you or your care, including responding to a subpoena, producing records, providing a declaration or affidavit, preparing for or giving deposition or trial testimony, or appearing as a witness, whether or not the Practice is a party, you agree to reimburse the Practice for all time spent at the Practice’s then-current rate for such services, together withall related attorneys’ fees, costs, and expenses. This obligation applies regardless of which party initiates the proceeding and is in addition to, and not in limitation of, your indemnification obligations under Section 16.
16. Indemnification.
You agree to defend, indemnify, and hold the Practice and the Physician harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your fraud, violation of law, gross negligence, or willful misconduct, any breach by you of this Agreement, or your violation of the rights of any other person or entity. The Practice reserves the right to control the defense of any third-party claim for which it is entitled to indemnification, and you agree to provide such cooperation as is reasonably requested.
17. Miscellaneous.
a. Anti-Referral.
Nothing in this Agreement, and no consideration provided under it, is intended to induce or influence the referral of any patient, or the generation of any business, between the parties or any other person or entity, or to influence the Physician’s professional judgment in determining the appropriate care and treatment of patients.
b. Amendment.
The Practice may modify this Agreement from time to time. The Practice will provide notice of any material change, and your continued membership after the effective date of the change constitutes your acceptance of it.
c. Governing Law and Change in Law.
This Agreement is governed by the laws of the State of California, without regard to its conflict of laws principles. If any change in applicable law, regulation, or rule affects the terms of this Agreement, the parties agree to amend the Agreement only to the extent necessary to comply with the law.
d. Notices.
Any notice required or permitted under this Agreement will be effective when given in writing and delivered by hand, by traceable carrier with postage prepaid, or by electronic transmission, to the other party at its designated address.
e. Entire Agreement.
This Agreement, together with the Notice of Privacy Practices and any other document expressly incorporated by reference or signed by both parties, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior oral or written agreements and understandings.
f. Severability.
If any provision of this Agreement is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed, and the remaining provisions will remain in full force and effect.
g. Waiver.
The Practice’s failure to enforce any provision of this Agreement, or any delay in acting on a breach, is not a waiver of that or any other provision.
h. Headings.
Section headings are for convenience of reference only and do not modify, restrict, or enlarge any term of this Agreement.
i. Notice to Consumers.
Physicians are licensed and regulated by the Medical Board
of California, (800) 633-2322, www.mbc.ca.gov.
ATTACHMENT 1
Membership Fees and Billing Terms
This Attachment 1 sets out the Practice’s Membership Fee and related billing terms, and is incorporated into and forms part of your Membership Agreement.
1. Membership Fee:
$200 per month; provided that if you join the practice prior to August1, 2026, you will receive a discounted rate of $150 per month for your Initial Term (as defined below).
2. Mandatory Initial Term:
The Practice does not charge an enrollment fee. To cover the initial administrative cost of your membership, you are required to maintain membership for a minimum of three (3) months (the “Initial Term”). If you leave the Practice before the end of the Initial Term, you remain responsible for the full three (3) months’ Fees.
3. Renewal:
After the Initial term, membership renews on a month-to-month basis until terminated with 30 days’ written notice or otherwise terminated in accordance with this Agreement. If you do not provide at least thirty (30) days’ notice of termination, your membership will terminate at the end of the monthly billing cycle following the cycle in which you provide notice, and the Fee for that cycle will be due.
4. Billing:
The Fee is billed monthly in advance to your Payment Method on file unless an alternate billing schedule is mutually agreed upon in writing. If your Payment Method is declined, the Practice will contact you to request an updated Payment Method. If a payment is not cured within ten (10) days, the Practice may suspend non-urgent Services until your account is current. If you miss two (2) consecutive monthly payments, the Practice may terminate your membership under Section 9 of the Agreement.
5. Fee Changes:
The Practice may change the Fee on at least sixty (60) days’ prior written notice.
ARBITRATION AND DISPUTE RESOLUTION AGREEMENT
This Arbitration and Dispute Resolution Agreement (this “Agreement”) is entered into between Positive Primary Care PC, a California professional medical corporation (“we” or “Practice”), and you (“you” or “Patient”). This Agreement is separate from and independent of the Membership Agreement and any other agreement between you and the Practice. Please read it carefully before signing.
1. Agreement to Arbitrate.
It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration.
2. Scope.
This Agreement applies to all disputes, claims, and controversies between you and the Practice (including its physicians, employees, and agents) arising out of or relating to the Services, your care, the Membership Agreement, billing, or your relationship with the Practice, whether based in contract, tort, statute, or otherwise, and including any claim of medical malpractice or professional negligence. This Agreement binds the parties and their successors, heirs, representatives, and assigns, and any person whose claim arises from or relates to your care.
3. Informal Resolution and Mediation.
Before initiating arbitration, the parties will endeavor to resolve any dispute amicably. If informal resolution is not effective, each party agrees to participate in good faith mediation before a mutually agreed mediator.
4. Binding Arbitration.
If mediation is unsuccessful, the dispute will be resolved by confidential binding arbitration in Riverside County, California, before one arbitrator from the American Arbitration Association (AAA) under its applicable rules. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator’s award is final and binding, subject only to the judicial review that California law provides for arbitration proceedings.
5. Exceptions.
Notwithstanding the foregoing, either party may (i) seek injunctive or other equitable relief in a state or federal court located in Riverside County, California, to which the parties consent to exclusive jurisdiction and venue, and (ii) bring an individual action in small claims court for claims within that court’s jurisdiction. Nothing in this Agreement limits any right you may have to file a complaint with, or seek any remedy from, the Medical Board of California or any other governmental agency.
6. Class Action Waiver.
To the fullest extent permitted by law, all claims must be resolved on an individual basis. You and the Practice agree that no claim will be arbitrated or litigated on a class, collective, representative, or private attorney general basis, and that no arbitration will be consolidated with any other arbitration. If a court issues a final decision that thiswaiver is unenforceable as to a particular claim, that claim, and only that claim, will be severed and brought in a state or federal court located in Riverside County, California.
7. Right to Rescind.
You may rescind this Agreement by written notice delivered to the Practice within thirty (30) days after you sign it, provided that you have not already submitted a dispute to arbitration under it. Rescission of this Agreement will not affect the Membership Agreement or your ability to receive Services.
8. Independence and Survival.
This Agreement is independent of the Membership Agreement and any other agreement between you and the Practice. The invalidity, unenforceability, or rescission of this Agreement will not affect the validity or enforceability of any other agreement, and the invalidity, unenforceability, or termination of any other agreement will not affect this Agreement. This Agreement survives the termination of your membership as to any dispute within its scope.
9. Governing Law and Severability.
This Agreement is governed by the laws of the State of California and, to the extent applicable, the Federal Arbitration Act. If any provision of this Agreement is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable or, if it cannot be modified, severed, and the remaining provisions will remain in full force and effect.
ACKNOWLEDGMENT: The agreement to arbitrate and the waiver of a jury or court trial described in this Agreement apply to all disputes between you and the Practice, including disputes about billing, fees, the Membership Agreement, and any other aspect of your relationship with the Practice, and not only to claims of medical malpractice.