Member Enrollment Agreement
Member Enrollment Agreement
Member Enrollment
Agreement
This Member Enrollment Agreement (this "Agreement") is by and between Opus Health Connect, LLC, a Florida limited liability company ("Opus" or the "Company"), and the undersigned member ("Member") entered into as of execution and payment by Member (the "Effective Date"). Opus and Member are each referred to herein individually as a "Party" and collectively as the "Parties."
This Member Enrollment Agreement (this "Agreement") is by and between Opus Health Connect, LLC, a Florida limited liability company ("Opus" or the "Company"), and the undersigned member ("Member") entered into as of execution and payment by Member (the "Effective Date"). Opus and Member are each referred to herein individually as a "Party" and collectively as the "Parties."
This Member Enrollment Agreement (this "Agreement") is by and between Opus Health Connect, LLC, a Florida limited liability company ("Opus" or the "Company"), and the undersigned member ("Member") entered into as of execution and payment by Member (the "Effective Date"). Opus and Member are each referred to herein individually as a "Party" and collectively as the "Parties."
RECITALS
RECITALS
RECITALS
WHEREAS, Opus operates a non-clinical, administrative concierge service designed to enhance the elective surgical experience by improving access, coordination, and communication throughout the episode of care, without interfering in or providing any clinical or medical care (the "Opus Service");
WHEREAS, the Opus Service is offered on an opt-in, cash-pay basis to individuals undergoing elective surgical procedures;
WHEREAS, Member is scheduled to undergo or is in the process of planning an elective surgical procedure and desires to enroll in the Opus Service for a single episode of care; and
WHEREAS, the Parties wish to set forth the terms and conditions under which Member
will receive the Opus Service;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS
1.1 "Enrolled Episode" means a single elective surgical episode of care for which Member has voluntarily opted in to the Opus Service and paid the applicable Member Enrollment Fee.
1.2 "Opus Member Ambassador" means the dedicated Opus representative assigned to support Member throughout the Enrolled Episode, providing non-clinical administrative coordination and communication services.
1.3 "Member Enrollment Fee" means the fee of Two Thousand Five Hundred Dollars
($2,500.00), or such other amount as Opus may establish and communicate to Member prior to
enrollment, paid directly by Member to Opus for enrollment in the Opus Service for a single
Enrolled Episode.
1.4 "Physician" means the licensed, board-certified surgeon who is providing clinical and surgical care to Member in connection with the elective surgical procedure that is the subject of
the Enrolled Episode.
2. ENROLLMENT AND SCOPE OF SERVICES
2.1 Voluntary Enrollment. Member acknowledges and agrees that enrollment in the Opus Service is entirely voluntary. Enrollment in the Opus Service is not a condition of receiving medical care from Physician and shall have no effect on Member's ability to receive clinical or surgical services.
2.2 Non-Clinical Nature of Services. Member expressly acknowledges and agrees that Opus is a purely administrative services company. All clinical care shall remain exclusively within the province of Physician and Physician's clinical staff.
2.3 Services Provided. Upon payment of the Member Enrollment Fee, Opus shall provide the following non-clinical, administrative services to Member throughout the Enrolled Episode:
(a) Enhanced Access. Clear expectations, timely responsiveness, and premium administrative support throughout the surgical journey.
(b) Proactive Communication. Proactive non-clinical guidance, clear timelines, and consistent touch points to reduce uncertainty and administrative friction.
(c) Dedicated Member Ambassador. Assignment of an Opus Member Ambassador to serve as a dedicated point of contact for Member throughout the Enrolled Episode, spanning pre-operative, surgical, and post-operative recovery phases.
2.4 Episode Coverage. The Opus Service shall cover the entire Enrolled Episode, including the pre-operative, surgical, and post-operative recovery phases.
3. MEMBER ENROLLMENT FEE AND PAYMENT
3.1 Fee. Member agrees to pay the Member Enrollment Fee of Two Thousand Five Hundred Dollars ($2,500.00) to Opus in connection with enrollment in the Opus Service.
3.2 Payment Timing and Method. The Member Enrollment Fee shall be due and payable in full upon execution of this Agreement, unless otherwise agreed in writing by Opus. Payment
shall be made by credit card, electronic funds transfer, or such other method as Opus may accept.
3.3 Not a Medical Fee. Member acknowledges and understands that the Member Enrollment Fee is entirely separate from, and independent of, any fees charged by Physician for medical, clinical, or surgical services. The Member Enrollment Fee is a cash-pay fee for non- clinical, administrative concierge services only and is not billable to any health insurance plan, government healthcare program, or third-party payor.
3.4 No Insurance Reimbursement. Member acknowledges that the Opus Service is not a
medical service and that the Member Enrollment Fee is not eligible for reimbursement by any
health insurance plan, Medicare, Medicaid, or any other government or private healthcare coverage program. Member is solely responsible for payment of the Member Enrollment Fee.
4. MEMBER ACKNOWLEDGMENTS AND RESPONSIBILITIES
4.1 Clinical Care Disclaimer. Member understands and acknowledges that Opus is not a
healthcare provider and does not provide medical care, medical advice, or clinical services of any
kind. Member agrees that all medical decisions, treatment plans, and clinical care shall be made
exclusively by Physician and Physician's clinical staff. Member shall not rely on any Opus representative for medical guidance, diagnosis, or treatment recommendations.
4.2 Cooperation. Member agrees to cooperate in good faith with Opus and the assigned
Opus Member Ambassador to facilitate the delivery of the Opus Service, including by providing
reasonable and timely responses to communications, attending scheduled appointments, and
following reasonable non-clinical administrative processes.
4.3 Accurate Information. Member agrees to provide accurate and complete personal and contact information to Opus and to promptly notify Opus of any changes to such information
during the Enrolled Episode.
5. TERM AND TERMINATION
5.1 Term. This Agreement shall commence on the Effective Date and shall continue through the conclusion of the Enrolled Episode, including all pre-operative, surgical, and post-operative recovery phases, unless earlier terminated in accordance with this Section 5.
5.2 Termination by Member. Member may terminate this Agreement at any time by providing written notice to Opus. If Member terminates this Agreement prior to the commencement of the surgical procedure, Opus shall refund the Member Enrollment Fee, less any costs already incurred by Opus in connection with the Enrolled Episode. If Member terminates this Agreement after the commencement of the surgical procedure, no refund shall be due.
5.3 Termination by Opus. Opus may terminate this Agreement upon written notice to Member if: (a) Member materially breaches any provision of this Agreement; or (b) the Enrolled Episode is canceled or indefinitely postponed for any reason. In the event of termination under clause (b), Opus shall refund the Member Enrollment Fee, less any costs already incurred by Opus in connection with the Enrolled Episode.
5.4 Effect of Termination. Upon termination or expiration of this Agreement, Opus shall have no further obligation to provide the Opus Service to Member, except as otherwise set forth
in this Section 5 with respect to refunds. Sections 4.1, 6, 7, 8, 9, and 10 shall survive the termination or expiration of this Agreement.
6. PRIVACY AND CONFIDENTIALITY
6.1 Member Privacy. Opus shall handle all Member personal information and health-related information in compliance with all applicable federal and state privacy and data protection laws, including the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), and its implementing regulations, to the extent applicable.
6.2 Use of Member Information. Member consents to Opus's collection, use, and disclosure of Member's personal and health-related information solely to the extent necessary for Opus to perform its obligations under this Agreement, including coordinating with Physician and Physician's staff regarding non-clinical administrative aspects of the Enrolled Episode.
6.3 Confidential Information. Opus shall hold all Member information in strict confidence, use it solely for the purposes of performing its obligations under this Agreement, and not disclose it to any third party without Member's prior written consent, except as required by law or as necessary to coordinate with Physician in connection with the Enrolled Episode.
7. LIMITATION OF LIABILITY
7.1 No Liability for Clinical Outcomes. Member acknowledges and agrees that Opus shall have no liability whatsoever for any clinical outcomes, medical complications, surgical results, or any other matter arising from the provision of medical or clinical care by Physician or any other healthcare provider.
7.2 Limitation on Damages. IN NO EVENT SHALL OPUS BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY, EVEN IF OPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPUS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE MEMBER ENROLLMENT FEE PAID BY MEMBER.
8. INDEMNIFICATION
8.1 Indemnification by Opus. Opus shall indemnify, defend, and hold harmless Member from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Opus's breach of this Agreement or Opus's negligence or willful misconduct.
8.2 Indemnification by Member. Member shall indemnify, defend, and hold harmless Opus from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Member's breach of this Agreement or Member's negligence or willful misconduct.
9. DISPUTE RESOLUTION
9.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. The venue shall be in Hillsborough County, Florida.
9.2 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EACH PARTY HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL IN ANY PROCEEDING, CLAIM, COUNTER-CLAIM, OR OTHER ACTION INVOLVING A DISPUTE OR MATTER ARISING UNDER THIS AGREEMENT.
10. MISCELLANEOUS
10.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.
10.2 Amendments. This Agreement may not be amended or modified except by a written
instrument signed by both Parties. Notwithstanding the foregoing, Opus reserves the right to
update the terms of this Agreement prospectively by posting revised terms at the Agreement URL, with at least fourteen (14) days' prior notice to Member via email.
10.3 Severability. Should any part of this Agreement be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining portions.
10.4 Assignment. Member may not assign this Agreement or any rights or obligations hereunder without the prior written consent of Opus. Opus may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets.
10.5 Waiver. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such Party's right to enforce such provision or any other provision in the
future.
10.6 Headings. Section headings are for convenience of reference only and shall not be used to construe the meaning of any provision of this Agreement.
10.7 No Party Deemed Drafter. The Parties have each reviewed this Agreement carefully. Each word, phrase, and sentence shall be given its plain meaning, and rules of interpretation or
construction of contracts that would construe any ambiguity against the draftsman shall not apply.
10.9 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed duly given when sent by email or delivered personally, sent by certified mail (return receipt requested), or sent by nationally recognized overnight courier. Notice information for both parties shall be the contact details collected and confirmed during the Member's Welcome Call and maintained on file with Opus Health Connect. Member's email address on file shall serve as the primary designated address for all formal notices. Opus's notice address is as follows:
If to Opus:
Opus Health Connect, LLC
c/o Gunster
Attn: Travis Godwin
401 East Jackson Street, Suite 1500
Tampa, FL 33602
Email:legal@Opushealthconnect.com
This Agreement is accepted electronically. By checking the acknowledgment box and completing
payment on the Opus Health Connect enrollment page, Member agrees to be bound by all terms
set forth herein. The date of payment shall constitute the Effective Date of this Agreement.
Last Modified April 2026
WHEREAS, Opus operates a non-clinical, administrative concierge service designed to enhance the elective surgical experience by improving access, coordination, and communication throughout the episode of care, without interfering in or providing any clinical or medical care (the "Opus Service");
WHEREAS, the Opus Service is offered on an opt-in, cash-pay basis to individuals undergoing elective surgical procedures;
WHEREAS, Member is scheduled to undergo or is in the process of planning an elective surgical procedure and desires to enroll in the Opus Service for a single episode of care; and
WHEREAS, the Parties wish to set forth the terms and conditions under which Member will receive the Opus Service;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS
1.1 "Enrolled Episode" means a single elective surgical episode of care for which Member has voluntarily opted in to the Opus Service and paid the applicable Member Enrollment Fee.
1.2 "Opus Member Ambassador" means the dedicated Opus representative assigned to support Member throughout the Enrolled Episode, providing non-clinical administrative coordination and communication services.
1.3 "Member Enrollment Fee" means the fee of Two Thousand Five Hundred Dollars ($2,500.00), or such other amount as Opus may establish and communicate to Member prior to enrollment, paid directly by Member to Opus for enrollment in the Opus Service for a single Enrolled Episode.
1.4 "Physician" means the licensed, board-certified surgeon who is providing clinical and surgical care to Member in connection with the elective surgical procedure that is the subject of the Enrolled Episode.
2. ENROLLMENT AND SCOPE OF SERVICES
2.1 Voluntary Enrollment. Member acknowledges and agrees that enrollment in the Opus Service is entirely voluntary. Enrollment in the Opus Service is not a condition of receiving medical care from Physician and shall have no effect on Member's ability to receive clinical or surgical services.
2.2 Non-Clinical Nature of Services. Member expressly acknowledges and agrees that Opus is a purely administrative services company. All clinical care shall remain exclusively within the province of Physician and Physician's clinical staff.
2.3 Services Provided. Upon payment of the Member Enrollment Fee, Opus shall provide the following non-clinical, administrative services to Member throughout the Enrolled Episode:
(a) Enhanced Access. Clear expectations, timely responsiveness, and premium administrative support throughout the surgical journey.
(b) Proactive Communication. Proactive non-clinical guidance, clear timelines, and consistent touch points to reduce uncertainty and administrative friction.
(c) Dedicated Member Ambassador. Assignment of an Opus Member Ambassador to serve as a dedicated point of contact for Member throughout the Enrolled Episode, spanning pre-operative, surgical, and post-operative recovery phases.
2.4 Episode Coverage. The Opus Service shall cover the entire Enrolled Episode, including the pre-operative, surgical, and post-operative recovery phases.
3. MEMBER ENROLLMENT FEE AND PAYMENT
3.1 Fee. Member agrees to pay the Member Enrollment Fee of Two Thousand Five Hundred Dollars ($2,500.00) to Opus in connection with enrollment in the Opus Service.
3.2 Payment Timing and Method. The Member Enrollment Fee shall be due and payable in full upon execution of this Agreement, unless otherwise agreed in writing by Opus. Payment shall be made by credit card, electronic funds transfer, or such other method as Opus may accept.
3.3 Not a Medical Fee. Member acknowledges and understands that the Member Enrollment Fee is entirely separate from, and independent of, any fees charged by Physician for medical, clinical, or surgical services. The Member Enrollment Fee is a cash-pay fee for non- clinical, administrative concierge services only and is not billable to any health insurance plan, government healthcare program, or third-party payor.
3.4 No Insurance Reimbursement. Member acknowledges that the Opus Service is not a medical service and that the Member Enrollment Fee is not eligible for reimbursement by any health insurance plan, Medicare, Medicaid, or any other government or private healthcare coverage program. Member is solely responsible for payment of the Member Enrollment Fee.
4. MEMBER ACKNOWLEDGMENTS AND RESPONSIBILITIES
4.1 Clinical Care Disclaimer. Member understands and acknowledges that Opus is not a healthcare provider and does not provide medical care, medical advice, or clinical services of any kind. Member agrees that all medical decisions, treatment plans, and clinical care shall be made exclusively by Physician and Physician's clinical staff. Member shall not rely on any Opus representative for medical guidance, diagnosis, or treatment recommendations.
4.2 Cooperation. Member agrees to cooperate in good faith with Opus and the assigned Opus Member Ambassador to facilitate the delivery of the Opus Service, including by providing reasonable and timely responses to communications, attending scheduled appointments, and
following reasonable non-clinical administrative processes.
4.3 Accurate Information. Member agrees to provide accurate and complete personal and contact information to Opus and to promptly notify Opus of any changes to such information during the Enrolled Episode.
5. TERM AND TERMINATION
5.1 Term. This Agreement shall commence on the Effective Date and shall continue through the conclusion of the Enrolled Episode, including all pre-operative, surgical, and post-operative recovery phases, unless earlier terminated in accordance with this Section 5.
5.2 Termination by Member. Member may terminate this Agreement at any time by providing written notice to Opus. If Member terminates this Agreement prior to the commencement of the surgical procedure, Opus shall refund the Member Enrollment Fee, less any costs already incurred by Opus in connection with the Enrolled Episode. If Member terminates this Agreement after the commencement of the surgical procedure, no refund shall be due.
5.3 Termination by Opus. Opus may terminate this Agreement upon written notice to Member if: (a) Member materially breaches any provision of this Agreement; or (b) the Enrolled Episode is canceled or indefinitely postponed for any reason. In the event of termination under clause (b), Opus shall refund the Member Enrollment Fee, less any costs already incurred by Opus in connection with the Enrolled Episode.
5.4 Effect of Termination. Upon termination or expiration of this Agreement, Opus shall have no further obligation to provide the Opus Service to Member, except as otherwise set forth in this Section 5 with respect to refunds. Sections 4.1, 6, 7, 8, 9, and 10 shall survive the termination or expiration of this Agreement.
6. PRIVACY AND CONFIDENTIALITY
6.1 Member Privacy. Opus shall handle all Member personal information and health-related information in compliance with all applicable federal and state privacy and data protection laws, including the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), and its implementing regulations, to the extent applicable.
6.2 Use of Member Information. Member consents to Opus's collection, use, and disclosure of Member's personal and health-related information solely to the extent necessary for Opus to perform its obligations under this Agreement, including coordinating with Physician and Physician's staff regarding non-clinical administrative aspects of the Enrolled Episode.
6.3 Confidential Information. Opus shall hold all Member information in strict confidence, use it solely for the purposes of performing its obligations under this Agreement, and not disclose it to any third party without Member's prior written consent, except as required by law or as necessary to coordinate with Physician in connection with the Enrolled Episode.
7. LIMITATION OF LIABILITY
7.1 No Liability for Clinical Outcomes. Member acknowledges and agrees that Opus shall have no liability whatsoever for any clinical outcomes, medical complications, surgical results, or any other matter arising from the provision of medical or clinical care by Physician or any other healthcare provider.
7.2 Limitation on Damages. IN NO EVENT SHALL OPUS BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY, EVEN IF OPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPUS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE MEMBER ENROLLMENT FEE PAID BY MEMBER.
8. INDEMNIFICATION
8.1 Indemnification by Opus. Opus shall indemnify, defend, and hold harmless Member from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Opus's breach of this Agreement or Opus's negligence or willful misconduct.
8.2 Indemnification by Member. Member shall indemnify, defend, and hold harmless Opus from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Member's breach of this Agreement or Member's negligence or willful misconduct.
9. DISPUTE RESOLUTION
9.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. The venue shall be in Hillsborough County, Florida.
9.2 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EACH PARTY HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL IN ANY PROCEEDING, CLAIM, COUNTER-CLAIM, OR OTHER ACTION INVOLVING A DISPUTE OR MATTER ARISING UNDER THIS AGREEMENT.
10. MISCELLANEOUS
10.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.
10.2 Amendments. This Agreement may not be amended or modified except by a written instrument signed by both Parties. Notwithstanding the foregoing, Opus reserves the right to update the terms of this Agreement prospectively by posting revised terms at the Agreement URL, with at least fourteen (14) days' prior notice to Member via email.
10.3 Severability. Should any part of this Agreement be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining portions.
10.4 Assignment. Member may not assign this Agreement or any rights or obligations hereunder without the prior written consent of Opus. Opus may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets.
10.5 Waiver. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such Party's right to enforce such provision or any other provision in the
future.
10.6 Headings. Section headings are for convenience of reference only and shall not be used to construe the meaning of any provision of this Agreement.
10.7 No Party Deemed Drafter. The Parties have each reviewed this Agreement carefully. Each word, phrase, and sentence shall be given its plain meaning, and rules of interpretation or construction of contracts that would construe any ambiguity against the draftsman shall not apply.
10.9 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed duly given when sent by email or delivered personally, sent by certified mail (return receipt requested), or sent by nationally recognized overnight courier. Notice information for both parties shall be the contact details collected and confirmed during the Member's Welcome Call and maintained on file with Opus Health Connect. Member's email address on file shall serve as the primary designated address for all formal notices. Opus's notice address is as follows:
If to Opus:
Opus Health Connect, LLC
c/o Gunster
Attn: Travis Godwin
401 East Jackson Street, Suite 1500
Tampa, FL 33602
Email:legal@Opushealthconnect.com
This Agreement is accepted electronically. By checking the acknowledgment box and completing payment on the Opus Health Connect enrollment page, Member agrees to be bound by all terms set forth herein. The date of payment shall constitute the Effective Date of this Agreement.
Last Modified April 2026
WHEREAS, Opus operates a non-clinical, administrative concierge service designed to enhance the elective surgical experience by improving access, coordination, and communication throughout the episode of care, without interfering in or providing any clinical or medical care (the "Opus Service");
WHEREAS, the Opus Service is offered on an opt-in, cash-pay basis to individuals undergoing elective surgical procedures;
WHEREAS, Member is scheduled to undergo or is in the process of planning an elective surgical procedure and desires to enroll in the Opus Service for a single episode of care; and
WHEREAS, the Parties wish to set forth the terms and conditions under which Membercwill receive the Opus Service;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS
1.1 "Enrolled Episode" means a single elective surgical episode of care for which Member has voluntarily opted in to the Opus Service and paid the applicable Member Enrollment Fee.
1.2 "Opus Member Ambassador" means the dedicated Opus representative assigned to support Member throughout the Enrolled Episode, providing non-clinical administrative coordination and communication services.
1.3 "Member Enrollment Fee" means the fee of Two Thousand Five Hundred Dollars
($2,500.00), or such other amount as Opus may establish and communicate to Member prior to enrollment, paid directly by Member to Opus for enrollment in the Opus Service for a single Enrolled Episode.
1.4 "Physician" means the licensed, board-certified surgeon who is providing clinical and surgical care to Member in connection with the elective surgical procedure that is the subject of the Enrolled Episode.
2. ENROLLMENT AND SCOPE OF SERVICES
2.1 Voluntary Enrollment. Member acknowledges and agrees that enrollment in the Opus Service is entirely voluntary. Enrollment in the Opus Service is not a condition of receiving medical care from Physician and shall have no effect on Member's ability to receive clinical or surgical services.
2.2 Non-Clinical Nature of Services. Member expressly acknowledges and agrees that Opus is a purely administrative services company. All clinical care shall remain exclusively within the province of Physician and Physician's clinical staff.
2.3 Services Provided. Upon payment of the Member Enrollment Fee, Opus shall provide the following non-clinical, administrative services to Member throughout the Enrolled Episode:
(a) Enhanced Access. Clear expectations, timely responsiveness, and premium administrative support throughout the surgical journey.
(b) Proactive Communication. Proactive non-clinical guidance, clear timelines, and consistent touch points to reduce uncertainty and administrative friction.
(c) Dedicated Member Ambassador. Assignment of an Opus Member Ambassador to serve as a dedicated point of contact for Member throughout the Enrolled Episode, spanning pre-operative, surgical, and post-operative recovery phases.
2.4 Episode Coverage. The Opus Service shall cover the entire Enrolled Episode, including the pre-operative, surgical, and post-operative recovery phases.
3. MEMBER ENROLLMENT FEE AND PAYMENT
3.1 Fee. Member agrees to pay the Member Enrollment Fee of Two Thousand Five Hundred Dollars ($2,500.00) to Opus in connection with enrollment in the Opus Service.
3.2 Payment Timing and Method. The Member Enrollment Fee shall be due and payable in full upon execution of this Agreement, unless otherwise agreed in writing by Opus. Payment
shall be made by credit card, electronic funds transfer, or such other method as Opus may accept.
3.3 Not a Medical Fee. Member acknowledges and understands that the Member Enrollment Fee is entirely separate from, and independent of, any fees charged by Physician for medical, clinical, or surgical services. The Member Enrollment Fee is a cash-pay fee for non- clinical, administrative concierge services only and is not billable to any health insurance plan, government healthcare program, or third-party payor.
3.4 No Insurance Reimbursement. Member acknowledges that the Opus Service is not a medical service and that the Member Enrollment Fee is not eligible for reimbursement by any health insurance plan, Medicare, Medicaid, or any other government or private healthcare coverage program. Member is solely responsible for payment of the Member Enrollment Fee.
4. MEMBER ACKNOWLEDGMENTS AND RESPONSIBILITIES
4.1 Clinical Care Disclaimer. Member understands and acknowledges that Opus is not a healthcare provider and does not provide medical care, medical advice, or clinical services of any kind. Member agrees that all medical decisions, treatment plans, and clinical care shall be made exclusively by Physician and Physician's clinical staff. Member shall not rely on any Opus representative for medical guidance, diagnosis, or treatment recommendations.
4.2 Cooperation. Member agrees to cooperate in good faith with Opus and the assigned Opus Member Ambassador to facilitate the delivery of the Opus Service, including by providing reasonable and timely responses to communications, attending scheduled appointments, and following reasonable non-clinical administrative processes.
4.3 Accurate Information. Member agrees to provide accurate and complete personal and contact information to Opus and to promptly notify Opus of any changes to such information during the Enrolled Episode.
5. TERM AND TERMINATION
5.1 Term. This Agreement shall commence on the Effective Date and shall continue through the conclusion of the Enrolled Episode, including all pre-operative, surgical, and post-operative recovery phases, unless earlier terminated in accordance with this Section 5.
5.2 Termination by Member. Member may terminate this Agreement at any time by providing written notice to Opus. If Member terminates this Agreement prior to the commencement of the surgical procedure, Opus shall refund the Member Enrollment Fee, less any costs already incurred by Opus in connection with the Enrolled Episode. If Member terminates this Agreement after the commencement of the surgical procedure, no refund shall be due.
5.3 Termination by Opus. Opus may terminate this Agreement upon written notice to Member if: (a) Member materially breaches any provision of this Agreement; or (b) the Enrolled Episode is canceled or indefinitely postponed for any reason. In the event of termination under clause (b), Opus shall refund the Member Enrollment Fee, less any costs already incurred by Opus in connection with the Enrolled Episode.
5.4 Effect of Termination. Upon termination or expiration of this Agreement, Opus shall have no further obligation to provide the Opus Service to Member, except as otherwise set forth in this Section 5 with respect to refunds. Sections 4.1, 6, 7, 8, 9, and 10 shall survive the termination or expiration of this Agreement.
6. PRIVACY AND CONFIDENTIALITY
6.1 Member Privacy. Opus shall handle all Member personal information and health-related information in compliance with all applicable federal and state privacy and data protection laws, including the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), and its implementing regulations, to the extent applicable.
6.2 Use of Member Information. Member consents to Opus's collection, use, and disclosure of Member's personal and health-related information solely to the extent necessary for Opus to perform its obligations under this Agreement, including coordinating with Physician and Physician's staff regarding non-clinical administrative aspects of the Enrolled Episode.
6.3 Confidential Information. Opus shall hold all Member information in strict confidence, use it solely for the purposes of performing its obligations under this Agreement, and not disclose it to any third party without Member's prior written consent, except as required by law or as necessary to coordinate with Physician in connection with the Enrolled Episode.
7. LIMITATION OF LIABILITY
7.1 No Liability for Clinical Outcomes. Member acknowledges and agrees that Opus shall have no liability whatsoever for any clinical outcomes, medical complications, surgical results, or any other matter arising from the provision of medical or clinical care by Physician or any other healthcare provider.
7.2 Limitation on Damages. IN NO EVENT SHALL OPUS BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY, EVEN IF OPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPUS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE MEMBER ENROLLMENT FEE PAID BY MEMBER.
8. INDEMNIFICATION
8.1 Indemnification by Opus. Opus shall indemnify, defend, and hold harmless Member from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Opus's breach of this Agreement or Opus's negligence or willful misconduct.
8.2 Indemnification by Member. Member shall indemnify, defend, and hold harmless Opus from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Member's breach of this Agreement or Member's negligence or willful misconduct.
9. DISPUTE RESOLUTION
9.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. The venue shall be in Hillsborough County, Florida.
9.2 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EACH PARTY HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL IN ANY PROCEEDING, CLAIM, COUNTER-CLAIM, OR OTHER ACTION INVOLVING A DISPUTE OR MATTER ARISING UNDER THIS AGREEMENT.
10. MISCELLANEOUS
10.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.
10.2 Amendments. This Agreement may not be amended or modified except by a written instrument signed by both Parties. Notwithstanding the foregoing, Opus reserves the right to update the terms of this Agreement prospectively by posting revised terms at the Agreement URL, with at least fourteen (14) days' prior notice to Member via email.
10.3 Severability. Should any part of this Agreement be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining portions.
10.4 Assignment. Member may not assign this Agreement or any rights or obligations hereunder without the prior written consent of Opus. Opus may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets.
10.5 Waiver. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such Party's right to enforce such provision or any other provision in the future.
10.6 Headings. Section headings are for convenience of reference only and shall not be used to construe the meaning of any provision of this Agreement.
10.7 No Party Deemed Drafter. The Parties have each reviewed this Agreement carefully. Each word, phrase, and sentence shall be given its plain meaning, and rules of interpretation or construction of contracts that would construe any ambiguity against the draftsman shall not apply.
10.9 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed duly given when sent by email or delivered personally, sent by certified mail (return receipt requested), or sent by nationally recognized overnight courier. Notice information for both parties shall be the contact details collected and confirmed during the Member's Welcome Call and maintained on file with Opus Health Connect. Member's email address on file shall serve as the primary designated address for all formal notices. Opus's notice address is as follows:
If to Opus:
Opus Health Connect, LLC
c/o Gunster
Attn: Travis Godwin
401 East Jackson Street, Suite 1500
Tampa, FL 33602
Email:legal@Opushealthconnect.com
This Agreement is accepted electronically. By checking the acknowledgment box and completing payment on the Opus Health Connect enrollment page, Member agrees to be bound by all terms set forth herein. The date of payment shall constitute the Effective Date of this Agreement.
Last Modified April 2026.