Virtual NP Program T&C
TERMS & CONDITIONS
VIRTUAL NP PROGRAM
ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS
Our goal is to make your experience with CMWL as satisfying and rewarding as possible. It is important that You are fully aware of both of our respective legal rights and obligations. For that reason, The Center for Medical Weight Loss (“CMWL”) has set forth these Virtual Program Terms and Conditions (“Virtual Program T&C”). Please carefully review these Virtual Program T&C as it forms a binding agreement between You and CMWL.
As used herein, "You" means anyone who enrolls in a CMWL Virtual Plan (“Virtual Plan”). A “Virtual Provider” is a participating medical provider who delivers the CMWL program remotely and solely via telemedicine.
By enrolling in a Plan, You agree to these Virtual Plan T&C as well as the CMWL Website TOS and VCC TOS. If you do not agree with these terms, you should not enroll in the Virtual Plan.
No Emergency Services
CMWL does not treat emergencies of any kind. If you have an emergency you must dial 911.
Centerformedicalweightloss.com and CMWLDirect.com
Centerformedicalweightloss.com and CMWLDirect.com do not provide medical advice or services.They provide the transactional platforms for You to access the products and services that are included in Your selected Virtual Plan.
You understand and accept that CMWL makes no claims or guarantees about Your weight loss performance as a result of enrolling the Virtual Plan. You acknowledge that weight loss outcomes are dependent on a multitude of factors that may or may not be within CMWL’s or Your control.
VIRTUAL PLAN DESCRIPTION
The Virtual Plan is designed to provide you with direct personalized medical services via remote communication.
You agree to schedule and attend the Virtual Visits that are a part of your Virtual Plan. Each Virtual Plan consists of six (6) follow-up visits with a Virtual Provider that last up to 20 minutes. You agree to book each of these visits using CMWL’s online scheduler and participate in these visits via an internet-enabled device that allows for camera access. Virtual Visits are scheduled weekly for CMWL Quick Start or biweekly for CMWL Modified/Transition.
CMWL Protein Products
You agree to purchase the number of CMWL Protein Products associated with Your selected Virtual Plan. Following the purchase of Your Virtual Plan, You will receive three separate promotional codes with instructions that will allow You to select your protein product items and have them shipped directly to your home or other desired location where you are able to access the protein products.
The protein products in the Virtual Plan are intended for personal use within the protocols of Your supervised weight management programs. You agree that you will not resell any of the protein products purchased on CMWLDirect.com.
The Virtual Plan requires at a minimum the use of a home scale that is able to accurately measure Your body weight. Additional scale metrics such as body fat percentage may also be used, but not necessary to follow the Virtual Plan.
You are solely responsible for the payment of all fees for the Virtual Plan. You are required to purchase the bundled Virtual Plan in one sum via CMWLDirect.com. Once purchased, the Virtual Plan is non-refundable, even if you fail to schedule and/or complete each of the visits included in your selected plan.
Due to federal health and safety regulations, the purchased protein products are not exchangeable, transferable, or returnable.
If eligible and in consultation with the Virtual Provider, You may choose to purchase additional successive Virtual Plans, You may opt to purchase successive Virtual Plans according to the same terms set forth herein.
The Virtual Plan is a direct medical service and is not covered by health insurance. CMWL does not participate with or bill any private health insurance company, Medicare, or Medicaid. Your insurance policy is a contract between You and Your insurance company. It is Your responsibility to know Your benefits and how they will apply to your benefit payments. CMWL takes no responsibility to understand or be bound by the terms and conditions of such insurance. There is no guarantee Your insurance company will make any payment on the cost of the services or protein products you have purchased.
INFORMED CONSENT FOR A LOW CALORIE DIET
The Virtual Provider can help you develop comprehensive weight management skills while You lose a meaningful amount of weight.
The calorie deficit and portion-controlled diets, including liquid formulas, were developed over 25 years ago for weight reduction. They are used with patients who are overweight and who may have significant medical problems related to obesity. Such problems may include but are not limited to hypertension, coronary disease, diabetes, lung, joint or bone disease, and the need for surgery. These methods of weight reduction have been utilized in hundreds of clinics in the United States. They have been described and evaluated in many professional medical journals since 1974.
The achievement of Your individual goals will depend upon your commitment to understanding and fulfilling your obligations in a course of treatment. It is important that you be willing to:
Provide honest and complete answers to questions about your health, weight problem eating activity and lifestyle patterns so your Virtual Provider can better understand how to help you.
Devote the time needed to complete and comply with the course of treatment your Virtual Provider outlines for you, including assessment, treatment, and maintenance phases.
Work with your Virtual Provider in helping you manage your weight loss, including keeping a daily diary, attending your appointments regularly if appropriate, and following your diet and exercise prescription.
Allow your Virtual Provider to share information with your personal primary care provider.
Make and keep follow-up appointments with your Virtual Provider and have any blood test taken or any other diagnostic measure made which your Virtual Provider may deem necessary during the course of Your Virtual Plan.
Follow your activity or program within the guidelines given to you by Your Virtual Provider and your primary care provider.
- It is vitally important for you to advise Your Virtual Provider of ANY concerns, problems, complaints, symptoms, or questions even if you may think it is not significant, so the Virtual Provider can determine if you should be seen more often or engage in another form of treatment. Keeping Your Virtual Provider informed of any questions or symptoms you have affords the best chance of intervening before a problem becomes serious.
INFORMED CONSENT FOR MEDICATION ADJUSTMENTS
You acknowledge that Your Virtual Provider may recommend adjustments to medications you may be taking for other conditions, such as but not limited to hypertension, diabetes, cholesterol, and depression. If You are taking medications for one or more of these conditions, dosages may need to be adjusted as your overall health improves. You agree to see one of our Virtual Providers as needed to have your need for these medications reassessed. These additional visits may be subject to additional visit costs. Our Virtual Providers will share your results with your primary care provider on a regular basis so he/she is informed about your progress.
POSSIBLE SIDE EFFECTS
You acknowledge and accept the possibility that the combination of any significant disease with methods employed for its treatment may lead to previously unobserved or unexpected ill effects, including death. Should one or more of these conditions occur, additional medical or surgical treatment may be necessary. In addition it is conceivable other side effects could occur that have not been observed to date.
Reduced Weight. When You reduce the number of calories you eat to a level lower than the number of calories your body uses in a day, You lose weight. In addition, Your body makes some other adjustments in physiology. Some of these are responsible, in some participants for rapid improvements in blood pressure and blood sugar; other adjustments may be experienced as temporary side effects or discomforts. These may include an initial loss of body fluid through increased urination, momentary dizziness, a reduced metabolic rate or metabolism, sensitivity to cold, a slower heart rate, dry skin, fatigue, diarrhea or constipation, bad breath, muscle cramps, a change in menstrual pattern dry and brittle hair or hair loss. These responses are usually temporary and resolve when calories are increased after the period of weight loss.
Reduced Potassium Levels. The calorie level You will be consuming is 800 or more calories per day, and it is important that you consume the calories that have been prescribed in your diet to minimize side effects. Failure to consume all of the food and fluids and nutritional supplements or taking a diuretic medication (water pill) may cause low blood potassium levels or deficiencies in other key nutrients. Low potassium levels can cause serious heart irregularities. When someone has been on a reduced calorie diet, a rapid increase in calorie intake, especially overeating or binge-eating, can be associated with bloating, fluid retention disturbances in salt and mineral balance, or gallbladder attacks and abdominal pain. For these reasons, following the diet carefully and following the gradual increase in calories after weight loss is essential.
Gallstones. Overweight people develop gallstones at a rate higher than normal weight individuals. The occurrence of symptomatic gallstone (pain, diagnosed stoned and/or surgery) in individuals 30 percent or more over desirable body weight (50 pounds or more overweight) not undergoing current treatment for obesity is estimated to be 1 in 100 annually, and for individuals who are 0-30 percent overweight, about one-half that rate, or 1 in 200 annually. It is possible to have gallstones and not know it. One study of individuals entering a weight loss program showed that as many as 1 in 10 had “silent” gallstones at the onset. As body weight and age increase, so do the chances of developing gallstones. These chances double for women, women using estrogen, and smokers. Losing weight—especially rapidly—may increase the chances of developing stones or sludge and/or increasing the size of existing stones within the gallbladder. Should any symptoms develop (the most common are fever, nausea and a cramping pain in the right upper abdomen or if you know or suspect that you may already had gallstones), let your Virtual Provider and primary care provider know immediately. Gallbladder problems may require medication or surgery to remove the gallbladder, and, less commonly, may be associated with more serious complications of inflammation of the pancreas or even death. A drug (Actigall) is currently available that may help prevent gallstone formation during rapid weight loss. You may wish to discuss Actigall with your primary care provider or Virtual Provider for more information.
Pancreatitis. Pancreatitis, or an infection in the bile ducts, may be associated with the presence of gallstones and the development of sludge or obstruction in the bile ducts. The symptoms of pancreatitis include pain in the right upper abdominal area, nausea, and fever. Pancreatitis may be precipitated by binge-eating or consuming a large meal after a period of dieting. Also associated with pancreatitis are long-term abuse of alcohol and the use of certain medications and increased age. Pancreatitis may require surgery and may be associated with more serious complications and death.
Pregnancy. If you become pregnant, report this to your Virtual Provider and primary care provider immediately. Your diet must be changed promptly to avoid further weight loss because a restricted diet could be damaging for a developing fetus. You must take precautions to avoid becoming pregnant during the course of weight loss.
Binge Eating Disorders. Binge eating disorder is defined as the habitual, uncontrolled consumption of a large amount of food in a short period of time. Participation in a calorically-restricted diet has been shown in one study to increase binge eating episodes temporarily. Several other studies demonstrated reduced episodes of binge eating following a calorie deficit and portion-controlled diet. Extended binge eating episodes are associated with weight gain.
THE RISK OF WEIGHT GAIN
Obesity is a chronic condition, and the majority or overweight individuals who lose weight has a tendency to regain all or some of it over time. Factors which favor maintaining a reduced body weight include regular physical activity, adherence to a restricted calorie, low fat diet, and planning a strategy for coping with weight regain before it occurs.
Successful treatment may take months or even years. Medical studies of calorie deficit/portioned-controlled diets (including modified fasting) have shown varying results for percentage of patients who maintain weight loss. In some studies, the percentage has been fewer than 5% of the patients after five years. A group of patients who have been followed for 3 years show that patients have maintained about one half of initial weight loss. Additionally, if You have had fluctuations in your weight in the past, it may be more difficult to maintain the weight you lose during and after this program.
Sudden Death. Patients with morbid obesity, particularly those with serious hypertension, coronary artery disease, or diabetes mellitus, have a statistically higher chance of suffering sudden death when compared to normal weight people without such medical problems. Rare instances of sudden death have occurred while obese patients were undergoing medically-supervised weight reduction, though no cause and effect relationship with the diet has been established. The possibility cannot be excluded that some tiredness, psychological problems, medication allergies, high blood pressure, rapid heart rate and heart irregularities. Less common, but more serious, risks are primary pulmonary hypertension and valvular heart disease. These and other possible risks could, on occasion, be serious or fatal.
You shall indemnify CMWL, its officers, directors, employees, agents, representatives, affiliates, and third party vendors, and their successors and assigns, for any claims, losses, damages, liabilities and expenses (including without limitation reasonable attorneys’ fees and charges) resulting from or relating to (a) the use of products accessed through CMWLDirectcom or (b) any aspect of the services rendered by Your Virtual Provider.
PRIVACY & CONFIDENTIALITY
Your Virtual Provider will maintain a record of the services You receive throughout your Virtual Plan. All records are secured and kept confidential in accordance with applicable state law and federal law.
You understand that de-identified information about Your treatment in the Virtual Plan offered by the is shared, from time to time, with obesity researchers, medical scientists, and developers of weight management treatment. For the benefit of Your treatment and the treatment of others, You give permission for data regarding Your treatment to be entered into a national database. You understand that strict confidentiality for the identities and individual records of patients in the database will be maintained. You also give CMWL permission to contact You by mail or telephone after Your initial period of treatment to obtain information about Your health and weight status. Should the results of Your treatment or any aspect of it be published, all reasonable precautions will be taken to protect Your anonymity.
You acknowledge that you have reviewed the Virtual Plan with Your Virtual Provider and have had an opportunity to ask questions and have them answered to my satisfaction.
ENTIRE AGREEMENT; SURVIVAL
This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof, and supersedes all prior or contemporaneous oral or written agreements. This Agreement may be amended only in writing signed by all parties. From time to time, CMWL reserves the right to update these Virtual T&C.
Governing Law. This Agreement shall be governed by and construed in accordance with the state laws of New York State.
Venue. The exclusive forum for all disputes arising under or relating to this Agreement, shall be in Westchester County, New York, unless such action cannot by law be brought in such forum, in which case the venue required by law shall govern.
Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to that term or any other term of this Agreement.
Severability. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or unenforceability of any other term(s) or provision(s).
Successors. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, heirs, executors and administrators.
No Assignment. You may not assign your rights, duties and obligations under this Agreement without the prior written consent of CMWL, whose consent may be withheld for any reason. Any attempt to assign said rights, duties and obligations without the prior written consent of CMWL will be null and void and of no force or effect. CMWL may assign this Agreement with thirty (30) days notice in advance to you.
Counterparts. This Agreement may be executed electronically in one or more counterparts, all of which together shall constitute only one agreement.
Any communication required or permitted to be sent under this Agreement shall be in writing and sent via electronic mail or US mail to the addresses below:
The Center for Medical Weight Loss
50 N. Broadway #280
Tarrytown, NY 10591
Last Updated: February 22, 2023