Boutique Medicine Ltd.
Last updated: September 1st 2022
This Agreement (the “Agreement”) is a legal document that sets out your rights and obligations, as well as those of Boutique Medicine Ltd. (3-363 Broadway, Suite # 302, Winnipeg, Manitoba, R3C-3N9) (“Boutique Medicine”), and where applicable, those of your Boutique Medicine affiliated physician (the “Physician”).
Please read this Agreement carefully, since it includes provisions that can affect your legal rights.
Boutique Medicine’s services are intended for adults only. You may not use our services if you are less than eighteen (18) years old, are currently more than six (6) weeks pregnant, have delivered a baby within the past six (6) weeks. We do not provide pregnancy follow-ups. If you are a patient of Boutique Medicine and become pregnant, we can provide consultations for occasional and minor health issues that are not related to the pregnancy itself, until you are able to consult your Obstetrician. (As an exception, however, Boutique Medicine can perform pregnancy confirmation by ultrasound; this is included in the Monthly Fees, as defined below.) However, these consultations will never address issues relating to the pregnancy itself or complications of the pregnancy either to you or the foetus. (Examples of minor consultations we would address in a pregnant woman would be: urinary tract infection, small skin rash. Moreover, as a service catering mainly to health/wellness-oriented individuals, we reserve the right to refuse patients who we deem to have health issues which require in-hospital care and follow-ups or require medical management which is beyond our scope of practice. Furthermore, Boutique Medicine reserves the right to terminate this Agreement or to deny you service if the Physician is not entitled to provide you with medical services, e.g. because the Physician is not licensed in the area where you are located.
1. Nature of the Services
Boutique Medicine operates an electronic platform (the “Platform”) to assist the Physician in providing you with medical care as more fully described below. The Platform facilitates consultations between you and the Physician, for example by providing booking, billing, and medical record maintenance services (the “Platform Services”).
By enrolling in Boutique Medicine’s services, you obtain the right to have up to ten (10) consultations per year with your Physician (“Medical Care”). Consultations may be conducted either in person or virtually, using Boutique Medicine’s online platform. Additional consultations may be available for an additional fee as described below. Your physician will decide how to conduct each consultation (in person or virtually) depending on your medical needs. If you consent to it and your Physician deems it appropriate, your physician may follow-up on your consultations by email or text message. Such follow-up is included in the consultation, i.e. it does not count as a new consultation. However, your Physician may stop offering such follow-up at any time at his or her sole discretion.
Medical Care is provided exclusively by the Physician, and not by Boutique Medicine. Boutique Medicine is not a party to the professional relationship between you and the Physician. Boutique Medicine is a service provider to the Physician and not a physician, nurse or any other healthcare professional. The Physician is an independent contractor and not an employee, subordinate or representative of Boutique Medicine.
Because of the foregoing, the Physician will seek your consent to each aspect of the Medical Care himself or herself, as appropriate under the circumstances.
Your Physician may delegate certain procedures to a nurse practitioner or other healthcare professional as appropriate. These procedures are included in your consultation with the Physician, i.e. they will not count towards your ten (10) consultations per year with the Physician. The nurse practitioner or other healthcare professional is subject to the same obligations as the Physician.
If your Physician is not available for a scheduled consultation, another physician affiliated with Boutique Medicine may handle the consultation instead if you agree. Otherwise, you may reschedule your appointment with your Physician. The other physician has the same obligations as your Physician.
The Platform Services and the Medical Care are collectively referred to as the “Services”.
2. Limits on the Services
The Services are not an appropriate way of dealing with all health conditions. You must not use the Platform or the Services for emergency medical needs or any medical emergencies. In case of a medical emergency, call 911 immediately or go to the nearest emergency room.
The following symptoms are specifically excluded from the Services: chest pains, difficulty breathing, blackouts or feeling like you may blackout, any impairment in level of consciousness, stroke-like symptoms such as impaired sensation or paralysis to one side of your body, inability to speak or comprehend language, sudden loss of eyesight, any abdominal pain severe enough that you are unable to comfortably walk, ongoing bleeding, bone fractures, signs or symptoms of severe infection including but not limited to high, unremitting or relapsing fevers, purulent wounds or sores, severe limb pain or gangrene, growths or tumours suspected of being cancerous or infectious, or any other condition which can be reasonably concluded to require emergency department or hospital-based care. Furthermore, the Services do not include pregnancy-related care, whether pre- or post-natal.
The Physician may determine at any time that you need medical care that cannot be provided through Boutique Medicine. At the discretion of the Physician and with your consent, a referral may be made to another healthcare provider.
As compensation for your Medical Care, you will be charged two thousand three hundred and sixty-four dollars ($2,350.00) for the first year. This amount will be paid either as a lump sum or it can be paid in monthly instalments of one hundred and ninety-seven dollars ($195.00; the “Monthly Fees”).
If you have more than ten (10) consultations with your Physician per year, you will be charged two hundred and thirty-six dollars ($236.00) per additional consultation. Certain products and services are also subject to additional fees each time you use them as follows:
Neuromodulators and Fillers injections : To be determined
First Trimester Ultrasound to confirm pregnancy with urine BHCG : 320$ for non-members
Fees for additional consultations, as well as the fees listed above are referred to as the “Additional Fees”. The word “Fees” alone refers to both the Monthly Fees and the Additional Fees.
The Fees will be charged to the credit card whose information you provided (or will provide) to Boutique Medicine or collected by another means of payment as mutually agreed between you and Boutique Medicine (the “Means of Payment”). By consenting to this Agreement, you are agreeing to pay Boutique Medicine the Fees and authorize Boutique Medicine to charge the Fees to the Means of Payment. If applicable, you represent and warrant that you are authorized to make charges to the Means of Payment.
The first payment will be charged to your Means of Payment on the day on which you enroll. Subsequent Monthly Fees will be charged to your Means of Payment at the same time the following month, and each month thereafter until this Agreement expires or is terminated.
If the Fees are not paid as provided for above (for example, if your Means of Payment is declined), your access to the Services may be suspended immediately and until payment is received. If that happens, the Physician will ensure that you receive any necessary information related to the Medical Care, and if appropriate, refer you to an appropriate healthcare provider.
4. Duration and Renewal
This Agreement comes into force on the day on which you click below to accept its terms (the “Effective Date”).
This Agreement remains in force for one (1) year starting on the Effective Date, the last day of that year being the “Expiration Date”. After that, the term of this Agreement will renew automatically for periods of one (1) month, until you terminate it, the last day of that period being the “Termination Date”.
If you terminate this Agreement before the Expiration Date or the Termination Date, you will be charged the value of the Services received up to that point, less any Fees already paid. For the purposes of determining any amount owed upon termination, the value of the Services is $236 per consultation plus any Additional Fees incurred.
Boutique Medicine may amend any part of this Agreement by adding content, deleting content, or changing the existing content. These amendments may be made at any time and could occur very close together, or very far apart, depending on the circumstances.
We will provide you with notice of the proposed amendment by email. We will include a link to the amended Agreement and the existing Agreement, so that you can compare the two versions. The amendments will take effect 30 days after the date on which the notice is provided. Prior to that date, the previous version of this Agreement will continue to apply.
If you disagree with any amendment, you may cancel this Agreement by sending us a notice of cancellation at any time in the 30-day period before the amendment takes effect. If the amendment increases your obligations, or decreases our obligations, then you can also cancel in the 30-day period after the amendment takes effect. In either case, there is no cost or penalty for cancelling because you disagree with an amendment, but you will still be charged the value of the Services received up to that point as described above. If you do not send us a notice of cancellation during the cancellation period, then you are considered to have accepted the proposed amendments.
6. Additional Terms
Your rights under this Agreement are personal to you, and cannot be assigned to anyone else.
This Agreement, including its interpretation and effect, is governed by the laws applicable in Quebec.
For clarity, this Agreement is not intended to create any relationship of employment, partnership, agency, trust, franchise, or joint venture. It is not intended to create any fiduciary duties.
You hereby acknowledge that you have expressly requested that this Agreement and all related documents be drawn up in English.
General inquiries may be sent to the following coordinates:
By clicking below, you confirm that you have read and understood this Agreement and that you agree to be bound by it. You acknowledge and agree that clicking below is legally equivalent to signing this Agreement on paper.