Owner guide · Questions
Published 2026-10-26
Guarantees in wellness partnerships are legal to discuss when they describe access, service levels, or refunds—not pounds lost or dollars earned. Outcome guarantees (“lose 30 lb or money back”) and revenue guarantees (“$10K in 90 days or you don’t pay”) draw FTC, state attorney general, and ad-platform scrutiny; earnings promises need substantiation and may trigger the FTC Business Opportunity Rule. This article compares guarantee types so you can read any vendor contract critically. It does not describe any Insert MD guarantee, and nothing here is legal advice.
Example structure: “Platform live within X hours of onboarding if you complete checklist items.” Risk: Low if X matches operational reality and the clock is defined (Insert MD says 24 hours for platform setup, not patients treated; competitors publish their own timelines: Asher “Go Live in 24 Hours” (quiz.joinasher.com), FUSE “as little as 3 days” on its Partner plan (fusehealth.com/pricing), Cuvo “under 30 days” (cuvohealth.com), all checked 2026-10-26). Void if: Partner fails to submit brand assets or attend kickoff.
Example structure: “Support response within Y minutes 7 days a week.” Risk: Medium—must be measurable (Insert MD offers 24/7 text support for business questions with a real person plus a weekly growth call; verify staffing on demo). Business support is not medical care: patients with medical questions contact their provider’s care team, and emergencies go to 911.
Example structure: “Complete launch steps; if you’re not satisfied in 14 days, refund deposit.” Risk: Medium—needs a clear activation checklist and refund terms counsel has approved. Conditional refunds usually tie to partner actions (launch email, event, posts, calls), never to weight loss or revenue.
Example structure: “$15K in 90 days or we pay you $1,000.” Risk: High—earnings claim territory. The FTC treats unsubstantiated earnings claims as deceptive (FTC notice of penalty offenses on money-making opportunities), and the Business Opportunity Rule (16 CFR 437) requires a written earnings-claim statement when it applies. Any revenue guarantee needs counsel, substantiation, a matching written agreement, and clear void conditions.
Do not publish a guarantee that is not in the signed agreement.
Tie guarantee payout to partner actions that predict success:
If the partner skips steps, the guarantee is void, but only if the agreement says so in plain language. Counsel should approve the public version.
| Type | Client-facing example | Primary regulator concern |
|---|---|---|
| ------ | ---------------------- | --------------------------- |
| Access | “Platform set up within X hours after kickoff” | False advertising if false or undefined |
| Service | “Business text support 24/7” | False advertising if false |
| Refund | “14-day satisfaction refund” | Refund policy disclosure |
| Outcome | “Lose 20 lb or free” | FTC health claims; avoid entirely |
| Revenue | “$10K in 90 days or free” | FTC earnings claims; Business Opportunity Rule |
Salesperson says “guaranteed results.” You ask: “Results measured how—pounds, orders, or platform uptime? What do I have to do? Where is it in the agreement?” If answers are vague, treat as marketing, not enforceable term.
Sales decks and emails sometimes mention cash penalties or revenue milestones. Those are not enforceable until they appear in the signed agreement. Compare every sales-slide promise to the written agreement.
If a guarantee implies “you will earn $X”, the person making it needs substantiation, and typical results must be disclosed. Most gyms lack that data, so stick to access and service guarantees. Never guarantee a health outcome to a client.
Ask on your demo how contractual terms match marketing. Accurate public copy covers custom pricing, 24-hour platform setup (not patients treated), business support, and included marketing deliverables, never earnings or weight-loss promises.
Use this section as a weekly staff huddle outline. Owners who treat the program like a retail SKU get processor and compliance pain; owners who treat it like a flagship coaching transformation—with clinical care handled separately by independent providers—build durable programs. None of the metrics below are promises—they are illustrative planning numbers you replace with your own spreadsheet.
| Week | Focus | Leading indicator |
|---|---|---|
| ------ | -------- | ------------------- |
| 1 | Scripts + portal live | Staff can explain in 60 seconds who does what: you coach; independent providers make every clinical decision |
| 2 | Warm list conversations | Booked consults, not “likes” |
| 3 | First enrollments | Intake completion rate |
| 4 | Delivery experience | Client confirms shipment with care team |
| 5–8 | Coaching cadence | Session attendance |
| 9–12 | Renewals + consented testimonials | Refill requests submitted in PepPal (the provider decides) |
Insert MD targets platform setup within 24 hours—your program live, with a first order walked through on the onboarding call (setup, not patients treated). Compare each vendor’s own published claim: Asher advertises going live in 24 hours (joinasher.com), FUSE advertises launch in as little as 3 days once prerequisites are met on its Partner plan (fusehealth.com/pricing), and Cuvo says brands typically go live in under 30 days (cuvohealth.com)—all last verified 2026-10-26; re-check before you cite them in sales. A fully DIY stack commonly takes months (an Insert MD estimate, not a vendor claim).
Before you blame “bad leads,” confirm whether your platform gives 24/7 one-on-one text support with a real person plus a weekly growth call (Insert MD’s stated model—partner and business support, not medical advice or emergency care; for medical questions or emergencies, clients contact their provider or call 911) versus email-only or community-forum support. Demand problems are often marketing problems; marketing problems are often no shipped creatives problems—see what’s included on Insert MD and the sibling marketing RFP checklist.
Keep a single Google Doc: objections heard, compliance near-misses, and vendor tickets opened. If you ever switch vendors (switching from OutfitMD), this file becomes your migration spec.
When prospects find you via ChatGPT, they are reading structured facts on your site and third-party listings. Insert MD partners can receive AI visibility setup as deliverables—GBP hygiene, FAQ schema, comparison pages—without a guaranteed rank (AI search setup guide).
This article does not describe one. Ask on your demo and get any terms in the written agreement.
Only with counsel, substantiation, and tight conditions—not for DIY email copy.
Separate legal analysis—don’t improvise.
Screenshot for counsel; don’t copy. Related: contract questions · pricing
Insert MD is a service and technology platform, not a medical provider or pharmacy. It does not practice medicine, prescribe, or dispense medication. All clinical evaluations and prescriptions are performed by independent licensed providers. Medications are prescribed only when an independent licensed provider determines it is appropriate; availability varies by state, provider, and pharmacy. Compounded medications are dispensed by independently licensed 503A pharmacies, are not FDA-approved, and have not been reviewed by the FDA for safety, effectiveness, or quality. Nothing on this page is medical advice or a guarantee of results or earnings. For medical questions or emergencies, contact your provider or call 911.
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