Sequoia
Sequoia

S1 Wellness Bundle Agreement

This S1 Wellness Bundle Agreement (this “Agreement”) is incorporated by reference into the Wellness Bundle Order Form (the “Order Form”) by and between Sequoia Benefits and Insurance Services, LLC, d/b/a Sequoia, a California limited liability company (“Sequoia”), and the Client identified in such Order Form. This Agreement is entered into by and between Sequoia One PEO, LLC (“Sequoia One”) and Client and is effective as of the date of the Order Form. Sequoia One and Client are collectively referred to as the “Parties”.

WHEREAS, the Parties entered into a certain Client Services Agreement (the “CSA”).

WHEREAS, Section 3(e) of the CSA requires Client to obtain the express written consent of Sequoia One to offer “employee benefits to Covered Employees or their dependents in addition to or in lieu of the benefits available under the SEQUOIA Plans (“Client Plans”)”;

WHEREAS, an affiliate of Sequoia One, Sequoia, is able to make available certain sets of wellness offerings (the “Wellness Bundles”) to Client;

WHEREAS, Client desires to make available the opportunity for Client’s eligible Covered Employees (as defined in the CSA) to receive wellness products/services through a Wellness Bundle (the “Offering”);

WHEREAS, one or more of the wellness products/services available through the Wellness Bundles may be subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and other applicable federal laws such as the Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”);

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set out herein, the Parties agree as follows:

  1. Sequoia One consents to the Offering.
  1. Client consents to Sequoia One making available confidential information (including census-level data) in connection with the Offering.
  1. Client acknowledges and agrees that Sequoia One is not a plan sponsor, plan administrator, or fiduciary, as such terms are defined under ERISA with respect to any of the wellness products/services in the Wellness Bundles.
  1. With respect to one or more of the wellness products/services in the Wellness Bundles, Client may be subject to certain compliance obligations (including but not limited to plan documentation, reporting, disclosure, governance, coverage, and/or continuation coverage obligations) under ERISA and other applicable laws (including but not limited to COBRA); and as between Client and Sequoia One such benefits would be considered Client Plans. Client acknowledges and agrees that Client is solely responsible and liable for satisfying any such applicable compliance obligations. Client further acknowledges and agrees that Sequoia One and Sequoia will not provide consulting services with respect to any such applicable compliance obligations.