Here are the terms and contidtions for the virtual course.
Part 1: RELEASE OF LIABILITY
In exchange for participation in the activity of Physical Therapy and Pain Neuroscience Education organized by Ke Ola Kino Physical Therapy, LLC, of 474 Laukapu Street, Suite 2, Hilo, Hawaii, 96720 and/or use of the property, facilities and services of Ke Ola Kino Physical Therapy, LLC, I, agree for myself and (if applicable) for the members of my family, to the following:
- AGREEMENT FOR PARTICIPATION. I agree to respect the copyright of all Pain Neuroscience Education materials, email, video, and all other venues for education and my plan of care. I agree to respect all participants’ privacy and anonymity throughout the length of the course. I agree to observe and obey all posted rules and warnings; and further agree to follow any oral instructions or directions given by Ke Ola Kino Physical Therapy, LLC, or the employees, representatives or agents of Ke Ola Kino Physical Therapy, LLC.
Copyright includes, but not limited to:
- Why do I hurt? (c)2016, Adriaan Louw, PT, PhD, and its affiliates and assigns and licensors. All rights reserved
- Evidence In Motion is a Pain Neuroscience Educator / Developer of Adriaan Louw, PT, PhD.
- OTPT is a distributor of PNE materials of Adriaan Louw, PT, PhD.
- No claim to copyright is made for original U.S. Government Works.
- ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Ke Ola Kino Physical Therapy, LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Ke Ola Kino Physical Therapy, LLC, whether caused by the fault of myself, my family, Ke Ola Kino Physical Therapy, LLC or other third parties.
- INDEMNIFICATION. I agree to indemnify and defend Ke Ola Kino Physical Therapy, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Ke Ola Kino Physical Therapy, LLC.
- FEES. I agree to pay for all damages to the facilities of Ke Ola Kino Physical Therapy, LLC caused by any negligent, reckless, or willful actions by me or my family.
- APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Hawaii law.
- NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Ke Ola Kino Physical Therapy, LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement
- ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity
- ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Part 2: Media Release
I understand that I may be photographed or video recorded while at Ke Ola Kino Physical Therapy, LLC. I understand that these photographs and/or videos may be used in promoting Ke Ola Kino Physical Therapy, LLC, either in print, on the internet (via www.keolakinopt.com), or in in-office digital marketing. I understand that unless stated otherwise my name will not be used in any media caption or text.
I grant permission to be photographed and/or video recorded, or my images recorded for print or electronic use in promoting Ke Ola Kino Physical Therapy, LLC. I understand that it is my responsibility to request an update of this agreement in the event that I no longer wish to authorize the above uses. I agree that this form will remain in effect unless otherwise revoked. I understand that there will be no payment for my participation in this release