BetterCare

BetterCare Membership Agreement

Welcome to a new world of hearing care—BetterCare! We are delighted to have you as a member of BetterCare (“Member”) at your local Real Hearing USA practice (the “Practice”).

Your BetterCare Membership (the “Membership”) entitles you to a wide variety of services and privileges, which are set out in Exhibit A (the “Membership Privileges”). This BetterCare Membership Agreement (the “Agreement”) explains the Membership Privileges and how we will work together to improve your audiology care at substantial savings.

  1. Your Membership Basics
    1. Membership. Membership is open to all, whether you are a current patient or new to our Practice, whether your hearing aids are in warranty or out of warranty.
    2. Visits. You are entitled to an unlimited number of visits, both in-office and via telehealth, during your Membership.
  2. Your Membership Term. The term of the Agreement is for one year from the Effective Date (the “Initial Term”) and will automatically renew for successive periods of one year each (each such one-year period is a “Renewal Term” and, together with the Initial Term, the “Term”), unless you provide the Practice with at least 30 days’ written notice prior to the expiration of the then-current Term of your intent not to renew the Agreement. Subject to the Early Cancellation Fee set forth in Section 3 of this Agreement, you may cancel your Membership without charge if you provide the Practice with written notice of cancellation less than 30 days after an auto-renewal of your Membership.
  3. Early Cancellation Fee. Notwithstanding the provisions of Section 2 of this Agreement, you will be liable for an Early Cancellation fee (as defined below) if both (i) and (ii) below apply to you:
    1. You have received a 30% discount on the purchase of any hearing aid(s) pursuant to this Agreement,
      AND
    2. You cancel this Agreement prior to 36 months from the date of such hearing aid(s) purchase (“Early Cancellation”).

      The amount of your Early Cancellation fee will depend on whether you have paid for such hearing aid(s) by self-pay or by insurance, as follows:


      3. a. For Members Who Self-Pay for Hearing Aids (“Self-Pay Members”). If you are a Self-Pay Member, you agree to pay the difference between the retail price for such hearing aid(s) and your discounted price; provided, however, that the Practice will credit you one-quarter (25%) of the Membership Dues you have paid up to the cancellation date toward such remaining balance.

      For illustrative purposes only, if you purchase hearing aids that have a retail price of $10,000, your 30% discount means that you pay only $7,000 rather than the $10,000 retail price. That is, you enjoy a $3,000 savings.

      However, if you cancel the Agreement prior to 36 months from the date you purchased your discounted hearing aids (your “Discounted Hearing Aid Purchase Date”), you forfeit that 30% discount. If, for example, you cancel the Agreement 12 months from your Discounted Hearing Aid Purchase Date, you must repay to the Practice that $3,000 discount you received (i.e., $10,000 retail price minus $7,000 discounted price).

      The Practice would in turn credit you one-quarter of the Membership Dues you already paid up to the date you cancelled. In this example, the Practice would credit you one-quarter of 12 months’ worth of Membership Dues, or one quarter of $480, which equals $120.

      Therefore, the Practice would credit $120 toward that $3,000 forfeiture repayment. You would thus owe $3,000 minus $120, or $2,880 (this amount is called the “Remaining Prorated Retail Balance”) as your Early Cancellation fee.


      b. For Members Who Use Insurance Benefits to Pay for Hearing Aids (“Insured Members”). If you are an Insured Member who chooses to use your insurance benefits to pay for your hearing aid(s), the Practice will bill your insurance company for the retail price of the hearing aid(s). Your fee in the event of Early Cancellation will be as follows:

      1. If your insurance company’s payment does not cover 100% of the hearing aid retail price, you agree to pay the difference between the hearing aid retail price and the amount the Practice received from your insurance company for such hearing aid(s), minus
      2. Your one-quarter credit for the Membership Dues that you have paid up to the date of cancellation.


      Please note that the Early Cancellation fee applies solely to Members who cancel this Agreement less than 36 months after their Discounted Hearing Aid Purchase Date. If you renew this Agreement and maintain it in good standing for at least three consecutive Terms (i.e., 36 months) after your Discounted Hearing Aid Purchase Date, you will not be responsible to pay for any difference between the retail hearing aid price and your discounted hearing aid price.

      For illustrative purposes only, please see the chart below:

      How You Paid for Your Hearing Aid Hearing Aid Full Retail Price BetterCare 30% Discounted Price Amount of Your Insurance that was Applied to Purchase Amount You Paid Out-of-Pocket for Your Hearing Aid Amount You Owe as Your Early Cancellation Fee
      Self-Pay (i.e., no insurance coverage) $10,000 $7,000 N/A $7,000 Remaining Prorated Retail Balance*
      Paid with insurance and insurance coverage was equal to or greater than the BetterCare discounted price $10,000 $7,000 Full None You owe nothing if your insurance covered the full retail price of the hearing aid. However, if your insurance did not cover the full retail price, you owe the Remaining Prorated Retail Balance*
      Paid with insurance and insurance coverage was less than the BetterCare discounted price $10,000 $7,000 Varies BetterCare discounted price minus your insurance contribution Remaining Prorated Retail Balance*

      *Remaining Prorated Retail Balance is defined in Section 3a of the Agreement and is the difference between the retail hearing aid price and the discount hearing aid price, minus one-quarter of the Membership Dues you paid up to the date of cancellation.

    4. Your Membership Dues

    1. Annual Dues. Your annual Membership dues (“Membership Dues”) may be paid in one lump sum or in equal monthly installments, as summarized in the following chart:
      Type of Membership Scheduled Payments
      Prepaid Annual Membership $480 per year
      Must be paid in full upon signing this Agreement.
      Month-to-Month Membership $40 per month
      Must be paid by autopay

      You agree to pay your annual Membership Dues as follows (please indicate your choice when you submit payment on the website in your personal account):

      1. Prepaid Annual Membership. One lump sum in the amount of $480, which shall be immediately due and payable upon signing this Agreement (“Prepaid Annual Membership”);

        OR
      2. Month-to-Month Membership. Equal monthly installments in the amount of $40/month (“Month-to-Month Membership”), subject to the terms below:

        Each of your Month-to-Month Membership dues for the Initial Term and subsequent Renewal Term(s), if any, shall be payable in advance on the same calendar day of each month that corresponds to the date of this Agreement, or on the last day of the month if such date does not occur in a given month, by automatic electronic payment only (credit card, debit card, or automatic checking account draft).

        You are required to keep your automatic electronic payment information up to date. You agree that if you change such automatic payment information, you will provide written notice to the Practice containing the updated information needed to effect the new automatic withdrawal at least ten (10) days before the effective date of such change. Failure to provide such notice disrupts our coordination of care and will result in an additional $50 fee. In addition, in the event there are costs associated with invalid payment information, such charges will be applied to your account.

    2. Referral Credits. For each friend you refer to the Practice who becomes a Member (“Referred Member”), you will receive a $1 Membership dues credit (each, a “Referral Credit”), limited to 40 referrals per year (i.e., up to $40/month in Referral Credits), provided that any such Referred Member isn’t currently a Member.

      You are entitled to deduct your Referral Credit(s) from your Membership Dues for as long as the Membership(s) of such Referred Member(s) remains active. You may refer any particular Referred Member only once. Referral Credits are available to Members with Month-to-Month Memberships only.

    3. Right to Increase Dues. The Practice reserves the right to change its Membership Dues at any time with 30 days’ notice to you; provided, however, that in no event shall the Practice increase your Membership Dues during the then-current Term.
    4. Member’s Obligation. You shall not be relieved of the obligation to make payments hereunder and no deduction from any payment shall be made because of your failure to use your Membership.
    5. Refund of Dues. Subject to the Early Cancellation fee set forth in Section 3 of this Agreement, you may end your Membership upon 30 days’ written notice to the Practice, and any remaining Membership Dues will be prorated and refunded to you if:
      1. You permanently relocate your residence more than 25 miles from the Practice (as evidenced by a utility bill, driver’s license or similar proof);
      2. You become medically unable to use your Membership (as evidenced by a doctor’s note to such effect); or
      3. The Practice ceases operation and fails to offer an alternate location within 10 miles of its current location.
    6. Re-Enrollment. If you choose to cancel your Membership and you later wish to re-enroll, the Practice reserves the right to decline re-enrollment or require you to pay a re-enrollment fee that is equivalent to the months of absent payments while you were not enrolled as a Member, which not exceed twelve (12) months.
    5. Health Insurance.

    1. Insurance. The Practice accepts certain insurance plans (your provider can tell you whether your specific insurance plan is accepted). Subject to the provisions of Section 3(b) above, if you purchase hearing aid(s) pursuant to this Agreement and use your insurance benefits to pay for such hearing aid(s), the Practice will bill your insurance company for the retail price of such hearing aid(s). If the payment the Practice receives from your insurance company does not cover the discounted price of such hearing aid(s), you agree to pay the difference between such discounted price and the amount that your insurance company actually paid.
    2. Third-Party Administrators (“TPAs”) Not Included. TPAs (including but not limited to TruHearing, UnitedHealthcare Hearing, and Hearing Care Solutions) are not considered insurance plans that are accepted by the Practice for the purposes of this Agreement.
    3. Membership Dues. Please note that your Membership Dues:
      1. Are independent of and do not affect the co-payments, co-insurance, or deductibles, if any, that you are required to pay pursuant to the terms of your insurance plan; therefore, the Practice will bill your insurance and charge co-pays, co-insurance, and deductibles as appropriate. You agree to be financially responsible for any co-payments, co-insurance, or deductible amounts required by your insurer.
      2. Are not covered or reimbursable by insurance; provided, however, that your Membership Dues may be reimbursed by a Consumer-Directed Health Plan as discussed in Section 7 below.
    6. Services Expressly Excluded From Your Membership. The Membership Dues specified herein cover only the Membership Privileges listed in Exhibit A; any products and/or services not explicitly listed in Exhibit A are expressly excluded from your Membership Privileges (the “Excluded Services”) and must be paid for separately.

    Accordingly, you and/or your insurer, as the case may be, are financially responsible for paying for the Excluded Services. The Practice will bill you and/or your insurer for the Excluded Services, if any, that have been provided to you. 

    For the avoidance of doubt, the fees associated with a comprehensive annual wellness hearing exam, which includes the services listed in Exhibit B (“Comprehensive Annual Wellness Hearing Exam”), are considered to be Excluded Services that are not included in your Membership Dues and must be paid for separately.

    7. FSAs, MSAs, HRAs, and HSAs. Provided that you receive a Comprehensive Annual Wellness Hearing Exam, as defined in Section 6 above, you may thereafter be eligible to have your Membership Dues reimbursed by your flexible spending account (FSA), medical savings account (MSA), health reimbursement account (HRA), or health savings account (HSA) (each individually, a “Consumer-Directed Health Plan”), as applicable. In such case, your provider will provide you, upon request, with a statement of services to present to your administrator as reimbursement through your applicable Consumer-Directed Health Plan claim submission process. Please note that your Membership Dues cannot be paid using a Consumer-Directed Health Plan debit or credit card.

    8. Membership Revocation. The Practice may, in its sole discretion, immediately terminate this Agreement for any reason, including but not limited to:

    • Your failure to pay Membership Dues or any other charges when they are due.
    • Any acts by you that are disruptive, abusive, or present an emotional or physical danger to the wellbeing of the staff or other patients of the Practice.
    • Your filing of any type of legal action against the Practice, including but not limited to civil actions, arbitrations and/or mediations.
    • The Practice’s filing of any type of legal action including but not limited to civil actions, arbitrations or mediations against you.

    9. Late Payments and Default.

    1. Late Payment. Any monthly payment received more than ten (10) days after the due date shall be subject to a late charge of ten percent (10%).
    2. Default. A default occurs when any payment due under this Agreement is more than fifteen (15) days late. Should you default on any payment obligation pursuant to this Agreement, the Practice has the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees.

    10. Change in Membership Information. You agree to promptly notify the Practice in writing of any changes in your billing information, address, or telephone number.

    11. Methods of Communication. You acknowledge that Practice communications may include email, facsimile, video chat, instant messaging, and cell phone (collectively, “Communications”). Communications by their nature cannot be guaranteed to be secure or confidential. If you initiate a conversation in which you disclose protected health information (“PHI”) on any of these Communication platforms, then you authorize the Practice to communicate with you regarding all PHI in the same format.

    12. Miscellaneous    .

         a. Governing Law    . This Agreement shall be subject to and governed by the laws of the state in which the Practice is located.

         b. Other. No amendment or variation of the terms of this Agreement shall be valid unless mutually agreed to in writing. This Agreement is personal to you and may not be assigned by you. If the Practice elects to assign this Agreement, you will be provided with notice of such assignment. This Agreement constitutes the entire agreement between you and the Practice with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, and understandings with respect to such subject matter. In the event that any provision of this Agreement is held to be illegal or unenforceable for any reason, the unenforceability of that provision shall not affect the remainder of this Agreement, which shall remain in full force and effect in accordance with its terms, and any offending provision shall be rectified to the minimum extent necessary for conformity with law unless it cannot be rectified, in which case this Agreement shall be interpreted as though the offending provision had not existed. Any provisions of this Agreement creating obligations extending beyond the Term hereof shall survive its expiration or termination. No waiver of a breach of any provision of this Agreement will be construed to be a waiver of this Agreement, or any other provision herein contained, whether of a similar or different nature, and no delay in acting with regard to a breach shall be construed as a waiver of that breach.