BEYOND HEALTH AND WELLNESS TERMS AND CONDITIONS
For purposes of these terms and conditions “Vitality,” “we,” “us,” and “our” refer to The Vitality Group, LLC, and “I,” “you” and “your” refer to each member. “Beyond Application,” refer to Vitality’s Beyond mobile application. “Vitality Program” refers to any services related to or connected with Vitality and/or the Application, including, but not limited to, any program provider-specific activities or other incentives offered by or through a program provider.
1. RELEASE AND WAIVER
By registering with our Beyond Application to participate in the Vitality Program, I acknowledge that I am doing so voluntarily and with the understanding that Vitality and its parents, affiliates, subsidiaries, employees, directors and agents (collectively “Vitality”) are not providing medical advice to me in connection with the Vitality Program. I understand that any activities, goals, or other information presented to me under the Vitality Program are not substitutes for a medical professional’s evaluation, diagnosis, and treatment. I must obtain necessary medical advice about participation in the Program from my personal medical service providers.
I understand that regardless of my physical condition while engaged in the Vitality Program, certain elements of the Vitality Program may involve risk of injuries or aggravation of preexisting injuries, diseases, or physical conditions.
I fully accept all such risks resulting from engagement in the Vitality Program and hereby release and discharge Vitality from any and all liability, claims, suits, demands, or causes of action which may arise from my engagement in the Vitality Program. This release and waiver of liability does not include wrongful uses and/or disclosures of my personal information subject to the provisions of applicable data privacy laws. This release of liability and waiver is intended to cover all other acts or omissions of Vitality even if such act or omission is the result of intentional, reckless, grossly negligent, or negligent conduct.
I understand this Release and Waiver is contractual and not a mere recital. I have read it fully; I hereby acknowledge that I understand it; and I voluntarily accept all terms and conditions contained herein.
2 PRIVACY AND PERSONAL INFORMATION
2.1 VITALITY PROGRAM ACCESS AND REGISTRATION
In order to use the Vitality Program, certain personal information is required. Your program provider will have provided Vitality with certain personal information so that Vitality can create your initial profile. If you wish to stop this processing of information, please contact your benefits administrator, and request your information be removed from the eligibility file delivered to Vitality.
Members are required to complete an online registration form prior to accessing the Vitality Program. During registration, a member is required to provide certain personal information, so that the member can be correctly identified and matched with their profile. Required information will be indicated as such on the registration form. Additional information may be collected in order to keep your profile up to date.
2.2 VITALITY PROGRAM PARTICIPATION
By engaging with the Vitality Program features and activities, Vitality will collect and process information which may be personal information for the purpose of providing Vitality Program services such as: generating and updating a health profile, recommending certain activities, generating personalized goals, administering rewards and other benefits, and providing customer service if you contact Us. For more information please read Vitality’s Privacy Notice which can be found within the Beyond Application under Settings.
2.3 VITALITY PRIVACY NOTICE
All collection and processing of Personal Information shall be done in accordance with Beyond Health and Wellness’s Privacy Notice a copy of which can be found within the Beyond Application under Settings.
3 PROGRAM RULES AND PARAMETERS
3.1 AUTHORITY AND MODIFICATIONS
Vitality has sole discretion in administering the Beyond Health and Wellness’s terms and conditions.
These terms and conditions may change from time to time with or without prior notification.
A modified copy of the terms and conditions will be posted on the Beyond Application once any changes are in effect.
Vitality is not responsible for misinterpretation or lack of knowledge of terms or conditions.
Vitality reserves the right to terminate the membership of anyone who fails to adhere to the terms and conditions, or for other behavior or actions deemed inappropriate by Vitality.
In such cases, Vitality will notify the member within a reasonable period through the email address provided to Vitality during member registration.
All services, rewards, and other benefits of the program cease immediately upon a member’s termination and will not be reinstated.
3.3 REASONABLE ALTERNATIVES
Vitality will make a Reasonable Alternative Standard available to those members who are eligible for a reasonable alternative to earn rewards. A reasonable alternative standard applies to members who cannot meet the physical activity goals due to a medical condition. If you believe that you are eligible for an alternative standard, please contact our customer care center at Help@VitalityGroup.com for more information.
3.4 ASSUMPTION OF RISK
Participation in the Vitality Program, including without limitation, any employer-specific activities, goals, activities, or other incentives related to the Vitality Program, may include physical exercise, biometric screening and other health and fitness activities. These activities may involve risks or otherwise not be appropriate for all persons.
Recommendations given in Vitality Program materials are for healthy, active individuals without cardiovascular heart disease, risk factors or other contraindications to exercise. Vitality Program participants fully accept all risk and responsibility involved in engaging in the Program.
Vitality is not liable for any loss, injury, or other adverse effects in connection with participation in the Vitality Program.
Before taking part in these activities, consult with your healthcare professional for a thorough evaluation, review of your present condition, and guidance in what screenings and activities are safe and appropriate for you.
3.5 UNFUNDED ACTIVITIES
Many Vitality Program activities and engagements (e.g., biometric screening, etc.) have charges associated with them which are in no way funded by Vitality.
3.6 EARNING REWARDS
For requirements and other stipulations regarding Vitality Program engagement and earning of credits, please review the descriptions of each specific activity. Terms and conditions specific to reward redemption and other Vitality Program benefits are set forth in the applicable sections of this application for example, to be rewarded for achieving a weekly goal, you must complete the pre-determined number of Active Days.
Where appropriate, you must use the designated forms and supply all requested documentation in order for activities to be recognized. You are always encouraged to utilize the Beyond Application-based submission when available, for added security as well as efficiency in processing your Vitality rewards.
Certain activities, such as biometric screenings and prevention visits, can be submitted once per plan year.
Your first weekly Get Active goal will start on the Monday after you complete the registration process.
Goals are one weeklong (Monday-Sunday) and must be achieved by 11:59pm Central Standard Time each Sunday. Progress toward completing a goal must be recorded within that week to count toward the goal. Logging into the Beyond Application is the only way to ensure that your activity data syncs to the program. It is recommended that you log into the Beyond Application at least once per week to sync your data.
Each week’s Get Active goal target considers the outcome of previous goals and adjusts to require more or less activity in the current week as a result. You cannot retroactively get rewards for goals or activities.
Vitality Program engagement will be credited only to the account of the Vitality Program member completing the activity.
You are responsible for ensuring that your Vitality Program engagement and any Vitality rewards are appropriately credited. If you believe that Vitality Program engagement has been earned but not properly credited, you may be required to submit documentation or other proof satisfactory to Vitality. Please allow up to two weeks from submission for most activities to be credited. All questions or concerns regarding the awarding of Vitality rewards must be made within 90 days of submission.
3.7 BEYOND CREDITS & OTHER BENEFITS
Accrued Vitality rewards and benefits are not transferable and may not be combined among members, their estates, successors, and assignees.
Your Program Provider may determine that certain Vitality benefits earned through participation in the Vitality Program are taxable as income.
You forfeit all benefits under Vitality and the Vitality Program immediately upon termination from the Vitality Program. However, certain benefits that have been taxed as income will still be available for you to use through a standalone marketplace.
3.8 RIGHT TO REVOKE
Vitality is the final authority on qualification for Vitality Program engagement and rewarding of Vitality rewards and reserves the right to deny or revoke Beyond Credits, or other rewards at any time if Vitality determines that such rewards were improperly given.
You are required to provide verification to be awarded Vitality rewards.