1. PARTIES. The parties to this agreement are Optivision Eye Care, a business organization formed under the laws of the State of Texas, and the
individual whose signature appears below (“Patient”).
2. PURPOSE. The purpose of this agreement is to provide for a financial arrangement through which the Patient is able to have annual access
to professional optometric care and obtain prescription corrective lenses and frames (“Prescription Eyewear”), either Basic or Progressive, through
advance payment of the reasonable costs of such professional care and Prescription Eyewear by making a series of regular monthly payments to
Optivision Eye Care.
3. WHAT OPTIVISION EYE CARE PROVIDES. After the Patient makes ALL of the payments provided for in this agreement, Optivision Eye Care
will provide the Patient with a comprehensive eye examination by one of its independent Doctors of Optometry (O.D.)* and Prescription Eyewear
from Optivision’s inventory.
4. WHAT THE PATIENT Pays. The Patient will receive no professional optometric services or prescription eyewear until the Patient pays an
initiation fee ($249.00 for the Basic Plan and $349.00 for the Progressive Plan) and makes twelve consecutive payments of either $18.99 for the Basic
Plan or $26.99 for the Progressive Plan. In the event the Patient requires additional professional services, each office visit will require a payment of
5. FAILURE TO MAKE ALL PAYMENTS. In the event the Patient fails to make ALL of the payments required for either the Basic Plan or the
Progressive Plan, the Patient will not receive either a comprehensive eye examination or Prescription Eyewear and the agreement will be terminated.
IF YOU SIGN THIS AGREEMENT AND FAIL TO MAKE ALL OF THE RERQIURED PAYMENTS, YOU WILL NOT BE ENTITLED TO A REFUND OF ANY OF THE
MONEY YOU HAVE PAID, AND YOU WILL NOT RECEIVE ANY PRODUCTS OR SERVICES UNDER THIS AGREEMENT. DO NOT SIGN THIS AGREEMENT IF YOU
FEEL THAT THERE IS A SUBSTANTIAL RISK THAT YOUR WILL BE UNABLE TO MAKE THE REQUIRED PAYMENTS.
6. DISPUTE RESOLUTION. In the event a dispute arises between the Patient and Optivision Eye Care under this agreement, the parties agree to
seek to seek its resolution through mediation provided by the Better Business Bureau of Greater Houston and South Texas. If mediation is unsuccessful,
the Patient and Optivision Eye Care agree to submit any such dispute to arbitration through the services provided by the Better Business Bureau
of Greater Houston and South Texas. By signing this agreement both Optivision Eye Care and the Patient are giving up the right to use the courts to
resolve any dispute under this agreement.
7. OTHER Terms. This agreement was signed and is performable in Harris County, Texas. Optivision Eye Care will provide the goods and
services specified in this agreement at its clinics in Houston, Texas and the Patient will make all the payments required under this agreement at one of
those locations. The laws of the State of Texas govern this agreement. There is no other agreement between the parties with regard to the items this
agreement covers and everything the parties have discussed before signing this agreement are merged into it.
*Optivision Eye Care does not practice optometry. All professional optometric services are provided by Doctors of Optometry who are licensed by the
State of Texas. A comprehensive eye exam includes those refractive tests, imaging and the use of diagnostic drugs as are within the scope of
professional optometric practice. Doctors of Optometry are not physicians. The independent Doctors of Optometry who provide professional
optometric services under this agreement may advise the Patient to see a physician who specializes in the medical or surgical treatment of the eye
for additional diagnosis and treatment for conditions which they discover. Neither Optivision Eye Care nor the independent Doctors of Optometry
are responsible for the care provided by a physician and all charges made by such physicians or other health care providers are the exclusive
responsibility of the Patient.