Welcome! Below are the MSK Therapy Program Terms and Conditions that are required for you and your employees and their dependents (collectively “Members”) to use the MSK Therapy Program.

When Client agrees to these terms, Client shall be contractually bound to the terms and conditions set forth herein:

1. HealthJoy MSK Therapy Program Services. During the Term and subject to the applicable PEPM fees being timely paid, HealthJoy, LLC (“HealthJoy”) will provide the “MSK Program” described herein to Client’s Members.
2. Definitions. The following terms shall have the meanings set forth below: 
   1. “Client” means a Reseller customer who subscribes to the HealthJoy’s MSK Therapy Program provided by HealthJoy. 
   2. “Eligible Member” means Member who has access to the MSK Program offered by a HealthJoy Reseller.
   3. “Member” means either an individual, natural person who is either an employee or an eligible dependent who has access to the MSK Program offered by a HealthJoy Reseller.
   4. “MSK Portal” means how Enrolled Members can access the MSK Program online via the Reseller’s platform which will connect to MSK.healthjoy.com, as may be updated from time to time by HealthJoy with notice to Reseller.
   5. “MSK Program” means the HealthJoy musculoskeletal therapy program as further described in these terms.
   6. Fees means the amount paid to HealthJoy by Reseller on behalf of the Client for Client’s Members to utilize the MSK Program.
   7. “Reseller” is one of HealthJoy’s partners that has resold the MSK Program to you for a Member’s use.
3. MSK Therapy Program.
   1. HealthJoy will provide the MSK Program that consists of the following: 
      1. The MSK Program is a musculoskeletal pain and dysfunction management program that provides a personalized, video-guided exercise program backed by a virtual coach. The goal is to help Enrolled Members self-manage their chronic pain or dysfunction through personalized exercise programs and provide one-to-one support to help them achieve their goals during the MSK Program.
      2. The MSK Program provides coach-led exercise therapy programs for members with specific areas of pain or dysfunction. This can include but is not limited to back, knee, hip, shoulder, neck, foot, and other joint pain or chronic conditions such as pelvic health disorders. Each Enrolled member will have access to their coach and tailored programming until they achieve their goals for the enrolled pain area as part of the MSK Program, as follows:
         1. The MSK Program includes a 12-month maintenance program with quarterly check-ins with their coach at the end of their program. An Enrolled Member subscription to the MSK Program lasts for fifteen (15) months after MSK Acceptance.
         2. Each Member will have the ability to take an intake survey about their health, pain and function history to apply for the MSK Program. This intake survey will confirm eligibility and screen for exclusion criteria. HealthJoy then reviews the survey results to verify eligibility. If deemed eligible by HealthJoy, it will be considered an “MSK Acceptance.” To be eligible for the MSK Program, a Member must have self-reported chronic pain or chronic symptoms, and not have some other health issue that may disqualify him/her, such as, but not limited to, having: (1) a condition where they have not been cleared for exercise by their physician, (2) physician-diagnosed structural issues (such as moderate to severe spinal stenosis, multilevel disc herniations, multilevel spinal fusion), or (3) if the answers to the intake survey indicate a structural issue even though there is no formal diagnosis, such as marked numbness and tingling or radiating pain down their legs.
         3. Accepted Members are contacted by their assigned coach to schedule an introductory call and introduce the member to the MSK Program. Unless another method is provided, Enrolled Members can access the MSK Program via the MSK Portal. Coaches and Enrolled Members can then communicate, and schedule further calls to discuss exercises, exercise form, progress, modifications, or any other relevant information. Coaches may follow up with the Enrolled Member as needed via email, call, text, or other media to aid adherence to the MSK Program.
      3. Movement Health & Injury Prevention
         1. Movement Health & Injury Prevention is a separate product of the MSK Program. This product is for individuals who do not have chronic pain or dysfunction but want to take action for their physical wellbeing. 
         2. Movement Health & Injury Prevention provides a personalized, video-guided exercise program for a variety of musculoskeletal needs within an employee population. The goal is to help participants address any concerns early before they become chronic, improve and maintain their musculoskeletal health, and prevent injury through exercise programs tailored to their needs. 
         3. Movement Health & Injury Prevention provides expert-developed exercise and movement programs that may include but is not limited to the following needs: 
            1. Job-Specific Injury Prevention: Sedentary professions, dental and other healthcare workers, moderate to heavy physical labor, truck drivers, professions that primarily involve standing, and more.
            2. Movement Health and Wellness: Multiple levels for core conditioning, lower body health, upper body health, and full body mobility and stretching.
            3. Childcare-Related Health: Preparing one’s pelvic floor for childbirth, exercises for women who have given birth, body mechanics and strengthening for parents to hold their children.
            4. Fall Prevention and Bone Density: Programs for aging adults, adults concerned about their balance, those concerned about bone density loss, or individuals taking GLP-1s that may cause muscle and bone density loss.
            5. Sport-Related Strength and Longevity: Running conditioning, Golf and racket sports, or general athletics programming.
            6. Diabetes Exercise Support: Companion program for those managing diabetes to help build healthy movement into their lifestyle.
         4. Movement Health & Injury Prevention participants will have access as long as their employer (the Client) offers the MSK Program.
      4. Members indicating no history of chronic pain will have the ability to take an intake survey about their goals and prior history to use the Movement Health & Injury Prevention product. Based on the Member’s answers, the Member will then be assigned the MSK Program that best meets their needs in addition to receiving two other tailored program recommendations. Movement Health & Injury Prevention participants can view the broader Program Library at any time and leverage other programs beyond what was recommended based on their survey. While one-on-one coaching is not part of Movement Health & Injury Prevention, participants can provide requests or feedback to our coaching team. Coaches may follow up with the Participant as needed via email, call, text, or other media to assist the Participant. Movement Health & Injury Prevention Participants can access their programming through the “MSK Portal.”
      5. More specifically, the MSK Program includes the following features and functionality:
         1. Web Page Features
            1. Accessibility – The MSK Program is accessed by Members via the “MSK Portal.”
            2. Profile Page – The MSK Portal shows the Accepted Member’s assigned exercises and their progression through each week and month, an area to rate their satisfaction and current pain or take a longer survey when appropriate, their coach’s contact information and a link to schedule a call.
            3. Programs Page – The MSK Portal provides Accepted Members with the ability to view current assigned exercises and progression through each week or see completed exercises, ability to play each exercise video.
            4. Exercises Page – The MSK Portal provides Accepted Members with the ability to watch an instructional video or read step-by-step instructions with key tips or notes for each exercise.
         2. Coaching Services
            1. Personal Coach – Enrolled Member will have access to a dedicated, personal coach via video call, phone, email, and text message. The Enrolled Member can contact the coach via telephone, email, video chat or schedule a time with their coach via a calendar inside the MSK Portal. 
            2. Qualifications – Coach experience includes Doctor of Physical Therapy and practicing Physical Therapist, Physical Therapy Assistants with several years of clinical experience, and Health Coaches or other professionals skilled in behavior change and how the Musculoskeletal system works.
            3. Responsibilities – Coaches are responsible for ensuring member satisfaction and outcomes, which often come down to ensuring adherence to their exercises. Below is a list, subject to change, for how Coaches assist their members:
               1. Welcome email to schedule an introductory call (video or phone) and provide access to the MSK Portal.
               2. Introductory call to review the MSK Program, understand the member’s unique circumstances and motivation, and create a plan and excitement for adherence. 
               3. Optional weekly or ad hoc calls to review exercises, make exercise modifications, or adjust programming where needed.
               4. Weekly communication to ensure adherence.
               5. Monthly communication to ensure the member is completing a progress survey.
               6. Using the Coach Platform data tools to monitor adherence and progress
            4. Coach Platform – Coaches have access to the following data for their own members to monitor progress and adherence and identify who needs more support:
               1. Login history
               2. Survey history
               3. Pain history
               4. Satisfaction history
               5. Function history
            5. Coaches will have five (5) structured interactions with each Enrolled Member as follows:
               1. Introductory Call, scheduled immediately after the member is accepted into the MSK Program and before they start Week 1.
               2. Week 1 check-in / Week 2 prep call – Scheduled for 1 week after the introductory call-in order to ensure the member completed the first week, is still bought in, and understands the 2nd week.
               3. Week 4 check-in call – scheduled for after the member has completed their 3rd and/or 4th weeks of the MSK Program, designed to ensure buy-in is maintained and ensure the member submits a monthly survey.
               4. Week 9 check-in call – scheduled for after the member has completed 8 weeks of the MSK Program and takes a survey.
               5. Exit Call – scheduled for after the member completes 12 weeks or has achieved their goal and is ready to graduate from the MSK Program.
            6. Coaches will also have multiple ad hoc, unstructured interactions with Enrolled Members. Such ad hoc, unstructured interactions may, but are not limited to, include additional calls at the member’s request, texts from the coach, emails from the coach, etc. Enrolled Members should expect at least 1 to 2 contacts per week from the coach.
         3. Reporting. HealthJoy shall provide Reseller with member-level data on their progress, pain reduction, satisfaction, and other metrics as agreed upon by HealthJoy and Reseller. Reporting will be accessible through Reseller's standard portal or other methods of communication.
4. Communication Materials. HealthJoy and Reseller will work together to provide co-branding marketing materials that may include any or all of the following: brochures, app messages, and/or emails. Any material changes or modifications to such materials must be approved in advance in writing by HealthJoy prior to distribution. In addition, Client hereby authorizes HealthJoy to communicate directly with Client, its Members for the purpose of: (A) promoting the MSK Program to Members that have started the survey; and (B) providing the MSK Program to such Members.
5. Term. HealthJoy will provide access to the MSK Program described herein to Client and its Members as long as HealthJoy has received payment of the applicable Fees for the respective Client and its Members (the “Term”). Except as otherwise provided herein, such availability and access shall continue in effect for as long as the separate agreement is in place between Reseller and HealthJoy.
6. Miscellaneous.
   1. If Reseller does not pay all amounts due and payable pursuant to the terms of the Agreement, the Client's subscription to the MSK Program may be suspended or terminated pursuant to the terms of this Agreement.
   2. The Term of the subscription to the MSK Program matches the Term in the Agreement and shall be coterminous with the expiration of the Term or the termination of the Agreement pursuant to the terms of the Agreement or the applicable Pass-Through Terms signed by a Client. Notwithstanding the foregoing, but subject to receipt by HealthJoy of any corresponding amounts of compensation applicable for the MSK Program, HealthJoy will continue to provide the MSK Program to each Client and Member currently enrolled and eligible to receive the MSK Program and identified by HealthJoy until such date as mutually agreed upon between HealthJoy and Reseller.
   3. Client understands and acknowledges that Reseller shall provide HealthJoy with a list of Client’s benefits-eligible individuals.
   4. Client understands that HealthJoy, as the service provider of the MSK Program, shall have sole and absolute discretion in product decisions and may choose to discontinue components of the MSK Program or otherwise modify the MSK Program designs, specifications, content, or offerings at any time and without liability to Client.
   5. Client shall comply with all laws, regulations, rules, and ordinances applicable to its performance under the Agreement and its offering of the MSK Program to its Employees and Members.
   6. Client understands and agrees that the MSK Program shall be considered “Confidential Information” of HealthJoy and shall be treated as such by Client and its Employees.
   7. Client and its Members shall not provide any “personal data” as regulated by the General Data Protection Regulation (EU) (GDPR). Client will indemnify and hold HealthJoy, its affiliates, directors, officers, and employees harmless from any fines, fees, claims, damages, or costs in the event that Client or its Members provide or input any “personal data” as regulated by the GDPR to HealthJoy or the MSK Program.
   8. IN ADDITION, HEALTHJOY MAKE NO EXPRESS WARRANTIES, AND HEREBY EXCLUDES AND DISCLAIMS IN ENTIRETY ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED BY HEALTHJOY. IN NO EVENT SHALL HEALTHJOY BE LIABLE FOR ANY LOST PROFITS, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THIS TERMS AND CONDITIONS (EVEN IF HEALTHJOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES OR ANY OTHER GOODS OR PRODUCTS FOR ANY REASON AND FOR ANY PURPOSE WHATSOEVER (EVEN IF HEALTHJOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). ANY ACTION FOR BREACH OF ANY TERM OF THIS TERMS AND CONDITIONS MUST BE COMMENCED WITHIN THE LIMITS IMPOSED BY THE APPLICABLE STATUTE OF LIMITATIONS. In no event shall HealthJoy have any liability to Client. Client’s remedies for any breach of or liability arising under the HealthJoy Agreement shall be solely against Reseller and Client is not a third-party beneficiary of any agreement between Reseller and HealthJoy.

End of MSK Therapy Program Terms and Conditions