This Membership Services Agreement (the “Agreement”) is entered into by and between RADIOLOGY CENTER, hereinafter referred to as “THE CENTER”, and the individual purchasing the membership, hereinafter referred to as “THE CLIENT”, in accordance with the following statements and clauses:
DECLARATIONS
I. THE CENTER declares that:
a) It is a clinic legally incorporated under the laws of the United Mexican States.
b) It has duly qualified medical, technical, and administrative personnel, as well as the facilities and equipment necessary to provide diagnostic imaging services and interventional radiology procedures.
c) It provides outpatient healthcare services in compliance with applicable regulations.
II. THE CLIENT declares that:
a) They are of legal age and have the legal capacity to enter into this Agreement.
b) They voluntarily request the membership described herein.
c) They acknowledge that medical services involve inherent risks and that results cannot be guaranteed.
CLAUSE ONE. PURPOSE OF THE AGREEMENT
THE CENTER shall provide THE CLIENT with a membership plan that includes:
a) One general check-up every six (6) months, consisting of diagnostic imaging studies in accordance with the medical protocols established by THE CENTER.
b) A fifty percent (50%) discount on diagnostic procedures, excluding laboratory tests, medications, external supplies, and third-party professional fees not expressly included.
c) General medical guidance and, when applicable, outpatient medical care, as well as referrals to healthcare professionals who are part of or affiliated with THE CENTER’s network.
CLAUSE TWO. NATURE OF THE SERVICES
The services provided by THE CENTER may include:
a) Diagnostic imaging services, whose purpose is the acquisition and interpretation of auxiliary medical studies.
Each type of service is subject to specific scopes, risks, and responsibilities as set forth in this Agreement and shall include informed consent.
CLAUSE THREE. MEDICAL GUIDANCE AND REFERRALS
THE CENTER may provide guidance to THE CLIENT and refer them to medical specialists or other healthcare professionals.
THE CLIENT acknowledges that:
a) Such professionals may act as independent service providers.
b) Subsequent services are contracted directly between THE CLIENT and such third parties.
c) THE CENTER shall not be responsible for acts or omissions of professionals external to its direct operational structure.
CLAUSE FOUR. COST, BILLING, PAYMENT, AND CANCELLATION
4.1 Membership Cost
The membership shall have a cost equivalent to one United States dollar (USD $1.00) per day, accruing continuously from the date of THE CLIENT’s enrollment, regardless of actual use of the services.
4.2 Billing and Payment Term
THE CLIENT agrees to make full payment of the membership in the amount of $365 USD, or its equivalent in local currency at the exchange rate in effect on the date of payment, valid for one (1) year from the start of this Agreement, directly to THE CENTER, in accordance with the methods and terms established by THE CENTER.
4.3 Membership Cancellation
THE CLIENT may cancel the membership by providing written notice to THE CENTER within the first thirty (30) days of enrollment, provided that no membership discount benefits have been used. Under these conditions, THE CLIENT shall receive a full refund.
4.4 Missed Payments and Accounts Receivable
Failure to make payment shall result in an outstanding balance in favor of THE CENTER, which may temporarily suspend services while the debt remains unpaid.
CLAUSE FIVE. MEDICAL LIABILITY AND LIMITATION OF LIABILITY
5.1 Diagnostic Services
THE CLIENT acknowledges that diagnostic studies:
a) Are auxiliary tools of medical practice.
b) Are subject to technical, biological, and interpretative limitations.
c) Do not guarantee detection of all medical conditions.
THE CENTER shall not be liable for inconclusive diagnoses, false negatives, or reasonable interpretations made in accordance with accepted medical standards (lex artis).
5.2 Exclusion of Medical Damages
THE CENTER shall not be liable for claims arising from unforeseeable adverse reactions, clinical outcomes different from those expected, or lack of medical follow-up by THE CLIENT.
In no event shall THE CENTER be liable for indirect, consequential, incidental damages, loss of profits, loss of opportunity, subjective moral damages, or third-party claims.
This limitation shall also apply in cases where the user, member, or patient fails to disclose pre-existing medical conditions or illnesses to THE CENTER.
CLAUSE SIX. NO EMERGENCY CARE
THE CENTER does not provide emergency medical services.
THE CLIENT agrees to seek specialized emergency care when required, releasing THE CENTER from any liability arising therefrom.
CLAUSE SEVEN. CLIENT RESPONSIBILITIES
THE CLIENT is responsible for:
a) Providing truthful and complete medical information.
b) Complying with medical instructions and follow-up recommendations.
c) Not using the services as a substitute for comprehensive and continuous medical care.
CLAUSE EIGHT. PERSONAL DATA
THE CENTER shall process personal data in accordance with the Federal Law on Protection of Personal Data Held by Private Parties.
CLAUSE NINE. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the United Mexican States.
The parties expressly submit to the competent courts of Ciudad Juárez, Chihuahua, Mexico, specifically within the Bravos Judicial District of the State of Chihuahua, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.
CLAUSE TEN. ACCEPTANCE
THE CLIENT declares that they have read and fully understood this Agreement and expressly accept its terms and conditions.