Electronic Execution Notice
This Agreement is presented to you as part of MoveFitRx’s digital onboarding and billing workflow. By checking the acknowledgment checkbox and clicking the "I Agree" button on the final enrollment screen, you are executing this Agreement as a legally binding electronic signature. This method of execution is fully enforceable under the Electronic Signatures in Global and National Commerce Act (ESIGN Act), 15 U.S.C. § 7001 et seq., and the Uniform Electronic Transactions Act (UETA), as adopted in the applicable jurisdiction. No physical signature, printed name block, or wet-ink execution is required. Your electronic execution carries the same legal force and effect as a handwritten signature on a paper document.
Preamble
This Patient Enrollment, Informed Consent, and Service Agreement ("Agreement") is entered into by and between MoveFitRx, Inc., a Wyoming corporation ("MoveFitRx," "Company," "we," "us," or "our"), and the individual completing the digital onboarding workflow ("Patient," "User," or "you"). This Agreement governs your access to and use of the MoveFitRx platform, including all software interfaces, remote therapeutic monitoring services, exercise prescription fulfillment services, connected equipment integrations, and all associated clinical coordination functions (collectively, the "Platform" or "Services").
You represent that you are at least eighteen (18) years of age, are legally competent to enter into a binding contract, and have read and understood each provision of this Agreement prior to executing it electronically.
Article 1 — Definitions
1.1 "Platform" means the MoveFitRx digital software infrastructure, mobile applications, web portals, application programming interfaces (APIs), and all technology layers operated by MoveFitRx that facilitate the receipt, routing, execution, and monitoring of exercise prescriptions issued by licensed Clinicians.
1.2 "Clinician" means a licensed medical doctor (M.D. or D.O.), nurse practitioner, physician assistant, or other licensed healthcare provider who has independently contracted with MoveFitRx as a network participant and who independently diagnoses, evaluates, and issues exercise prescriptions to Patients through or in connection with the Platform.
1.3 "Exercise Physiologist" means a credentialed professional holding at minimum a certification from the American College of Sports Medicine (ACSM) or equivalent nationally recognized body, engaged by or contracted with MoveFitRx to translate clinical diagnoses and Clinician parameters into individualized exercise prescriptions.
1.4 "Physical Therapist" means a licensed Physical Therapist (PT) engaged by or contracted with MoveFitRx for the purpose of designing and calibrating exercise prescription protocols appropriate to the Patient’s clinical condition.
1.5 "Exercise Prescription" means a structured, individualized program of therapeutic physical activity—including but not limited to cardiovascular exercise, resistance training, and flexibility protocols—created by a qualified Exercise Physiologist or Physical Therapist based upon parameters provided by a Clinician, and delivered to the Patient through the Platform.
1.6 "Remote Therapeutic Monitoring (RTM)" means the collection, transmission, and reporting of non-physiological data related to therapeutic exercise adherence, as defined under CPT codes 98975–98984 and applicable Centers for Medicare & Medicaid Services (CMS) guidance, facilitated through the Platform.
1.7 "Connected Equipment" means commercially available cardiovascular or strength training equipment located on a commercial gym floor that is capable of interfacing with the Platform through Bluetooth, ANT+, API connections, or other wireless or wired data transmission protocols.
1.8 "Prescription Fee" means the per-transaction or subscription-based fee charged to the Patient by MoveFitRx for access to and fulfillment of Exercise Prescriptions through the Platform, which may be eligible for reimbursement through Flexible Spending Account (FSA) or Health Savings Account (HSA) funds subject to applicable IRS guidelines.
1.9 "FSA/HSA" means a Flexible Spending Account or Health Savings Account, as governed by Sections 125 and 223 of the Internal Revenue Code, respectively, used by Patients to pay for qualifying medical expenses, including potentially eligible Platform fees.
1.10 "Telemetry Data" means exercise performance metrics, session duration, equipment resistance levels, heart rate data transmitted from compatible devices, repetition counts, and adherence logs generated during Exercise Prescription sessions and transmitted through the Platform for RTM purposes.
1.11 "Protected Health Information (PHI)" has the meaning ascribed to it under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 C.F.R. § 160.103, and includes any individually identifiable health information transmitted through or stored within the Platform.
Article 2 — Nature of MoveFitRx Services and Scope of the Platform
2.1 Prescription Fulfillment Layer. MoveFitRx operates exclusively as a digital prescription fulfillment intermediary. The Company is not a hospital, medical clinic, physician practice, or any other licensed healthcare facility. MoveFitRx does not employ Clinicians for the purpose of providing medical diagnosis, clinical evaluation, or individualized medical advice to Patients. The Company’s role is limited to: (i) providing technology infrastructure that enables Clinicians to issue Exercise Prescriptions; (ii) facilitating the creation and delivery of Exercise Prescriptions by qualified Exercise Physiologists and Physical Therapists; (iii) integrating Exercise Prescriptions with Connected Equipment; and (iv) collecting and transmitting RTM compliance data to participating Clinicians.
2.2 No Practice of Medicine. Nothing in this Agreement, on the Platform, or in any communication from MoveFitRx shall be construed as the practice of medicine, the rendering of medical advice, or the establishment of a physician-patient relationship between MoveFitRx and the Patient. All clinical decisions—including the decision to prescribe therapeutic exercise, the parameters governing such exercise, and any clinical interpretation of RTM data—are made solely and exclusively by the Patient’s treating Clinician.
2.3 Intermediary Status. MoveFitRx expressly disclaims any and all clinical liability arising from the independent professional judgments of Clinicians, Exercise Physiologists, or Physical Therapists operating on or through the Platform. These professionals are independent contractors or independent network participants and are not agents, employees, or representatives of MoveFitRx for purposes of clinical liability.
2.4 Technology Limitations. The Platform operates in reliance upon third-party telecommunications infrastructure, equipment manufacturer APIs, gym management systems, and internet connectivity. MoveFitRx does not warrant uninterrupted or error-free service. Temporary interruptions in RTM data transmission do not constitute a breach of this Agreement by MoveFitRx.
Article 3 — Clinical Relationship Disclosures and Limitations
3.1 Independent Clinician Relationship. The Patient acknowledges and agrees that the Clinician who issues an Exercise Prescription is engaged in an independent professional relationship with the Patient separate from the Patient’s relationship with MoveFitRx. MoveFitRx does not control, supervise, direct, or review the Clinician’s clinical judgment, diagnosis, or prescription parameters. The Patient’s clinical relationship is exclusively with the Clinician and their practice.
3.2 Pre-Existing Conditions. The Patient represents that they have disclosed all known pre-existing medical conditions, current medications, recent surgical history, and relevant physical limitations to their Clinician prior to the issuance of any Exercise Prescription. MoveFitRx has no obligation to independently verify medical history and is not responsible for adverse outcomes arising from incomplete or inaccurate clinical disclosure.
3.3 Modifications to Clinical Status. The Patient agrees to promptly notify their Clinician of any material change in health status, new symptoms, hospitalization, or significant change in prescribed medications that may affect the safety or appropriateness of an Exercise Prescription. The Patient agrees not to continue performing a prescribed exercise protocol if they have reason to believe it is no longer medically appropriate without first consulting their Clinician.
3.4 Diagnosis-Specific Risk Acknowledgment. The Patient acknowledges that the Platform is specifically designed to serve individuals with clinical diagnoses including but not limited to osteoporosis, menopausal transition, hypertension, Type 2 diabetes mellitus, musculoskeletal conditions, and metabolic syndrome. Each of these conditions carries inherent risks associated with physical exertion. The Patient acknowledges that therapeutic exercise for these conditions is performed at their own risk and at the direction of their Clinician.
Article 4 — Exercise Prescription Module
4.1 Design and Delivery. Exercise Prescriptions are designed by credentialed Exercise Physiologists or licensed Physical Therapists based upon clinical parameters established by the Patient’s Clinician. MoveFitRx facilitates this design and delivery process but does not itself create, review, or approve the clinical appropriateness of any individual prescription.
4.2 Non-Modification. The Patient agrees not to materially modify, deviate from, or self-prescribe exercises outside the parameters of their Exercise Prescription without prior authorization from their Clinician. Unauthorized deviation from a prescribed protocol may increase injury risk and will not create liability for MoveFitRx.
4.3 Professional Credential Reliance. MoveFitRx relies in good faith on the professional credentials of contracted Exercise Physiologists and Physical Therapists. The Company does not independently warrant the outcomes of any exercise protocol, which depend upon variables including but not limited to the Patient’s physical condition, adherence, effort, pre-existing conditions, and environmental factors at the point of exercise.
4.4 Scope of Prescription. Exercise Prescriptions are designed for execution on commercial gym equipment and are not intended to replace physical therapy treatment, pharmaceutical therapy, or medical interventions. An Exercise Prescription is a supplement to, not a replacement for, the Patient’s overall clinical treatment plan.
Article 5 — Remote Therapeutic Monitoring (RTM) Module and Data Transmission
5.1 RTM Compliance Monitoring. The Platform’s RTM module is designed to capture and report exercise adherence data in a manner consistent with applicable CPT billing codes (98975–98984) as recognized by CMS for Remote Therapeutic Monitoring services. RTM data is transmitted from Connected Equipment to the Platform and made available to the Patient’s treating Clinician for the purposes of monitoring compliance, adjusting prescriptions, and supporting applicable RTM reimbursement claims.
5.2 Patient Consent to RTM Data Collection. By executing this Agreement, the Patient expressly consents to the automated collection, transmission, and storage of Telemetry Data generated during Exercise Prescription sessions, including but not limited to session duration, equipment settings, repetition data, heart rate where available, and adherence metrics. The Patient acknowledges that this data will be shared with their treating Clinician and, where required by law, with applicable payers.
5.3 RTM Does Not Constitute Real-Time Clinical Monitoring. The Patient expressly acknowledges and agrees that RTM data collection through the Platform does not constitute real-time clinical supervision, emergency monitoring, or continuous physiological surveillance. In the event of a medical emergency during exercise, the Patient agrees to immediately cease activity and contact emergency services (911) and thereafter notify their Clinician. MoveFitRx does not provide emergency response services and is not a clinical monitoring entity.
5.4 Data Transmission Security and Encryption Standards. (a) Federal Encryption Compliance. MoveFitRx, as a software-layer intermediary transmitting sensitive health-related telemetry data, implements data transmission protocols consistent with federal standards applicable to sensitive health information. All Telemetry Data and any associated PHI transmitted through the Platform is encrypted in transit using Transport Layer Security (TLS) 1.2 or higher, in alignment with the National Institute of Standards and Technology (NIST) Special Publication 800-52 Rev. 2 guidelines for TLS implementations. Data at rest is protected using AES-256 encryption consistent with NIST FIPS 140-2 validated cryptographic standards. (b) HIPAA Technical Safeguards. To the extent Telemetry Data constitutes or is transmitted alongside PHI, MoveFitRx maintains technical safeguards consistent with the HIPAA Security Rule, 45 C.F.R. §§ 164.312, including access controls, audit controls, integrity controls, and transmission security protocols. (c) Third-Party Infrastructure. MoveFitRx utilizes third-party cloud infrastructure providers that maintain SOC 2 Type II compliance and HIPAA Business Associate Agreement (BAA) coverage. While MoveFitRx employs commercially reasonable and federally consistent security measures, the Company does not warrant that data transmission across third-party telecommunications networks will be entirely free from interception. The Patient acknowledges this inherent technological risk and consents to data transmission on this basis. (d) No Guarantee of Absolute Security. No data transmission system is completely immune from breach. MoveFitRx’s compliance with applicable federal encryption standards does not constitute a guarantee of absolute data security. In the event of a data breach affecting PHI, MoveFitRx will fulfill applicable notification obligations under the HIPAA Breach Notification Rule, 45 C.F.R. §§ 164.400–414, and applicable state breach notification laws.
5.5 RTM Billing Facilitation. The Patient acknowledges that RTM compliance data generated through the Platform may be used by the Patient’s Clinician to support billing for RTM-related CPT codes to Medicare, Medicaid, or private insurers. The Patient represents that all information they provide in connection with billing is accurate and complete. MoveFitRx is not a billing entity for purposes of the False Claims Act, 31 U.S.C. § 3729 et seq., but facilitates data that may be used in Clinician billing. Any misrepresentation of activity data by the Patient that results in improper billing claims is solely the responsibility of the Patient.
Article 6 — Connected Equipment and Commercial Gym Floor Integrations
6.1 Third-Party Equipment. Connected Equipment used in connection with the Platform is owned and maintained by third-party commercial gyms, equipment manufacturers, or the Patient, as applicable. MoveFitRx does not manufacture, own, service, inspect, or warrant any physical exercise equipment. The Patient assumes all risk associated with the use of gym equipment and acknowledges that equipment failure, malfunction, or improper use are outside MoveFitRx’s control and liability.
6.2 Gym Facility Terms. The Patient’s use of a commercial gym facility is governed by the terms, waivers, and agreements established independently between the Patient and the gym facility. MoveFitRx does not have agency over gym facility policies, hours of operation, equipment maintenance schedules, or safety protocols.
6.3 Connectivity Interruption. Connectivity interruptions between Connected Equipment and the Platform—including but not limited to Bluetooth failures, API outages, network disruptions, or equipment firmware incompatibilities—may result in incomplete RTM data capture. MoveFitRx is not liable for RTM reimbursement shortfalls, clinical documentation gaps, or prescription non-compliance designations resulting from equipment connectivity failures outside the Company’s control.
Article 7 — FSA/HSA Payment Terms and Prescription Fee Authorization
7.1 Authorization to Charge. By executing this Agreement and clicking the "I Agree" button, the Patient expressly authorizes MoveFitRx to charge the Prescription Fee to the payment method designated during the onboarding workflow, which may include an FSA or HSA debit card, a standard credit or debit card, or such other payment method as may be accepted by the Platform.
7.2 FSA/HSA Eligibility Disclaimer. MoveFitRx facilitates Prescription Fee payments using FSA and HSA funds based upon good-faith representations that Exercise Prescriptions issued by licensed Clinicians for diagnosed medical conditions may constitute qualifying medical expenses under Internal Revenue Code §§ 213(d), 125, and 223. However, MoveFitRx does not provide tax advice, and the Patient is solely responsible for confirming FSA/HSA eligibility with their plan administrator and tax advisor. MoveFitRx makes no guarantee or warranty that any specific fee charged through the Platform will be accepted as a qualifying expense by any FSA or HSA plan administrator, employer plan document, or the Internal Revenue Service.
7.3 Refund Policy. Prescription Fees are non-refundable once an Exercise Prescription has been generated and delivered to the Patient’s account. In the event of a Platform error, documented technical failure attributable to MoveFitRx, or duplicate charge, the Patient may submit a refund request to MoveFitRx’s billing support team within thirty (30) days of the transaction. All refund determinations are at MoveFitRx’s sole reasonable discretion.
7.4 Subscription and Auto-Renewal. If the Patient enrolls in a subscription-based access plan, the Patient acknowledges that the Prescription Fee will automatically renew at the end of each applicable billing period unless the Patient cancels at least seventy-two (72) hours before the renewal date through the account management portal. MoveFitRx will provide advance notice of any material changes to subscription pricing.
Article 8 — Health Risk Acknowledgment and Assumption of Risk
8.1 Inherent Risks of Exercise. The Patient acknowledges that physical exercise, including therapeutic exercise performed pursuant to an Exercise Prescription, carries inherent risks including but not limited to: musculoskeletal injury, joint strain, ligament or tendon tears, fractures (particularly in patients with bone density conditions), cardiovascular events including cardiac arrhythmia or myocardial infarction, hypoglycemic episodes (in patients with diabetes), falls, equipment-related injury, and in extreme cases, death.
8.2 Voluntary Participation. The Patient affirms that participation in the MoveFitRx Platform and execution of their Exercise Prescription is entirely voluntary. The Patient has independently consulted with their Clinician regarding the appropriateness of therapeutic exercise for their specific clinical condition and accepts all associated risks.
8.3 Assumption of Risk. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PATIENT VOLUNTARILY ASSUMES ALL RISKS—KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN—ARISING FROM OR RELATED TO PARTICIPATION IN EXERCISE ACTIVITIES FACILITATED THROUGH THE MOVEFITRX PLATFORM.
8.4 Emergency Protocol. In the event of any medical emergency during exercise, the Patient agrees to: (i) immediately cease exercise activity; (ii) contact emergency medical services (911); and (iii) notify their treating Clinician as soon as reasonably practicable. The Patient acknowledges that MoveFitRx is not equipped to respond to emergencies and that emergency response is exclusively the domain of appropriate emergency services.
Article 9 — Limitation of Liability, Indemnification, and Release
9.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOVEFITRX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND TECHNOLOGY PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO: (A) THE PATIENT’S USE OF OR INABILITY TO USE THE PLATFORM; (B) ANY EXERCISE PRESCRIPTION CREATED OR DELIVERED THROUGH THE PLATFORM; (C) ANY RTM DATA COLLECTION, TRANSMISSION FAILURE, OR REPORTING ERROR; (D) ANY CLINICAL DECISION MADE BY A CLINICIAN IN RELIANCE UPON OR INDEPENDENT OF PLATFORM DATA; (E) CONNECTED EQUIPMENT MALFUNCTION OR GYM FACILITY CONDITIONS; OR (F) ANY FSA/HSA DETERMINATION MADE BY A PLAN ADMINISTRATOR OR TAXING AUTHORITY.
9.2 Aggregate Liability Cap. IN NO EVENT SHALL MOVEFITRX’S TOTAL AGGREGATE LIABILITY TO THE PATIENT FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF PRESCRIPTION FEES ACTUALLY PAID BY THE PATIENT TO MOVEFITRX IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.3 Essential Basis of the Bargain. THE PATIENT ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS ARTICLE REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PATIENT AND MOVEFITRX. WITHOUT THESE LIMITATIONS, MOVEFITRX WOULD NOT OFFER THE PLATFORM AT THE FEES DESCRIBED HEREIN.
9.4 Indemnification. The Patient agrees to indemnify, defend, and hold harmless MoveFitRx and its officers, directors, shareholders, employees, agents, successors, and assigns from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) the Patient’s breach of any representation, warranty, or obligation under this Agreement; (ii) the Patient’s negligent or willful acts or omissions in connection with the use of the Platform or exercise activities; (iii) any misrepresentation of health information provided to MoveFitRx or a Clinician; or (iv) the Patient’s violation of applicable law.
9.5 Release. Subject to the limitations and remedies expressly provided in this Agreement, the Patient hereby releases MoveFitRx from any and all claims, demands, causes of action, and liabilities of any nature, whether known or unknown, arising from or related to the Patient’s participation in exercise activities facilitated by the Platform.
Article 10 — Governing Law, Binding Virtual Arbitration, and Dispute Resolution
10.1 Governing Law. This Agreement shall be governed by, construed in accordance with, and enforced under the laws of the State of Wyoming, without regard to its conflict of law principles or choice-of-law rules. The parties acknowledge that MoveFitRx is incorporated in Wyoming and that Wyoming law governs the formation, interpretation, and enforcement of this Agreement regardless of the Patient’s state of residence or the location where services are accessed or performed.
10.2 Binding Virtual Arbitration. (a) Agreement to Arbitrate. The Patient and MoveFitRx each agree that any and all disputes, claims, or controversies of any kind or nature arising out of or relating to this Agreement, the Platform, the Services, any Exercise Prescription, RTM data, billing, or the Patient’s use of any MoveFitRx feature—including any dispute regarding the validity, enforceability, or scope of this arbitration provision—shall be resolved exclusively through final and binding arbitration administered by JAMS pursuant to its applicable rules and procedures. (b) Virtual Proceedings. To eliminate geographic burden on Patients regardless of their state of residence, all arbitration proceedings shall be conducted entirely by virtual means, including video conferencing, telephonic hearings, and electronic document exchange, unless both parties mutually agree in writing to an alternative format. Neither party shall be required to travel to Wyoming or to any other physical location to participate in arbitration proceedings. The arbitrator shall be empowered to conduct all proceedings, hearings, and deliberations virtually and to render a final award in written electronic form. (c) JAMS Rules. Arbitration shall be administered under the JAMS Comprehensive Arbitration Rules & Procedures for claims exceeding $250,000, and under the JAMS Streamlined Arbitration Rules & Procedures for claims at or below $250,000, in each case as those rules exist at the time the demand for arbitration is filed, except as expressly modified by this Agreement. The JAMS rules are available at www.jamsadr.com. (d) Seat of Arbitration. The legal seat of arbitration shall be Cheyenne, Wyoming, consistent with the governing law of this Agreement, notwithstanding that all proceedings shall be conducted virtually. Any award rendered shall be deemed to have been made in Cheyenne, Wyoming. (e) Arbitrator Authority. The arbitrator shall have authority to award any remedy available under Wyoming law, including compensatory damages, declaratory relief, and injunctive relief limited to the parties. The arbitrator shall not have authority to award punitive damages except where permitted by applicable Wyoming statute and only to the extent permitted by Article 9 of this Agreement. (f) Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PATIENT WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR TO HEAR CLAIMS ON A CLASS BASIS. (g) Costs and Fees. JAMS filing fees shall be allocated in accordance with the applicable JAMS fee schedule. Each party shall bear its own attorneys’ fees unless the arbitrator determines that the claim was brought or defended in bad faith, in which case the arbitrator may allocate fees accordingly. (h) Preservation of Injunctive Relief. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of an arbitration proceeding.
10.3 Informal Dispute Resolution Prerequisite. Prior to initiating formal arbitration, the Patient agrees to provide MoveFitRx written notice of the dispute via email to legal@movefitrx.com, identifying the nature of the claim and the relief sought. MoveFitRx shall have thirty (30) days from receipt of such notice to attempt informal resolution. If the dispute is not resolved within that period, either party may proceed to JAMS arbitration as provided above.
10.4 Severability of Arbitration Provisions. If any portion of this Article 10 is found to be unenforceable, such portion shall be severed, and the remaining provisions shall continue in full force and effect. If the class action waiver in Section 10.2(f) is found unenforceable in a specific instance, the entirety of the arbitration agreement shall be null and void with respect to that instance only, and the claim shall proceed in a court of competent jurisdiction under Wyoming law.
Article 11 — Miscellaneous Provisions
11.1 Entire Agreement. This Agreement constitutes the entire agreement between the Patient and MoveFitRx with respect to the subject matter hereof and supersedes all prior understandings, representations, negotiations, and agreements, whether oral or written. No Clinician, gym staff member, or third party has authority to modify the terms of this Agreement on behalf of MoveFitRx.
11.2 Amendment. MoveFitRx reserves the right to update or amend this Agreement at any time by posting a revised version to the Platform and, where material changes are made, by providing the Patient with electronic notice. Continued use of the Platform following the effective date of any amendment constitutes acceptance of the revised Agreement.
11.3 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
11.4 No Waiver. MoveFitRx’s failure to enforce any provision of this Agreement on any occasion shall not constitute a waiver of its right to enforce such provision on any subsequent occasion.
11.5 Assignment. The Patient may not assign, delegate, or transfer this Agreement or any rights or obligations hereunder without MoveFitRx’s prior written consent. MoveFitRx may assign this Agreement, including in connection with a merger, acquisition, or sale of substantially all of its assets, without the Patient’s consent, provided that the assignee assumes all obligations hereunder.
11.6 Headings. Section headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
11.7 Notices. All legal notices to MoveFitRx shall be delivered electronically to legal@movefitrx.com or in writing to MoveFitRx, Inc., Registered Agent Address, State of Wyoming. Notices to the Patient shall be delivered to the email address provided during digital onboarding.
11.8 Counterparts and Electronic Records. This Agreement may be executed electronically and stored as a digital record. The electronic record of the Patient’s execution, including timestamp, IP address, device identifier, and the specific version of the Agreement executed, shall be maintained by MoveFitRx for a minimum of seven (7) years and shall constitute competent evidence of the Patient’s binding agreement to these terms in any arbitration or legal proceeding.
Article 12 — Electronic Execution and Final Acknowledgment
12.1 Review Confirmation. By proceeding to the final enrollment screen, you confirm that you have had a reasonable opportunity to read, review, and understand this Agreement in its entirety. If you do not understand any provision of this Agreement, MoveFitRx recommends that you consult with independent legal counsel before proceeding.
12.2 Right to Withdraw. If you do not agree to the terms of this Agreement, you may exit the enrollment workflow at any time prior to clicking "I Agree." Exiting without completing enrollment means you will not have access to the MoveFitRx Platform or Services. No charges will be incurred unless and until the "I Agree" button is clicked.
12.3 Clickwrap Binding Execution. By checking the acknowledgment box and clicking the button below, you acknowledge that this action constitutes your legally binding electronic signature under the ESIGN Act (15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA), carrying the same legal force and effect as a handwritten signature on a paper document. You understand that a record of this execution, including the date, time, IP address, and device identifier, will be retained by MoveFitRx.