OTZ Seminar Terms and Conditions – OTZ Health Education Systems
OTZ Seminar Terms and Conditions

PLEASE READ CAREFULLY AND AGREE TO “TERMS AND CONDITIONS” ON CHECKOUT PAGE TO INDICATE YOUR AGREEMENT.

NOTE: THIS FORM INCLUDES A RELEASE OF LIABILITY.

Please  review  the  sections  below  in detail. Your acceptance of these terms and conditions indicate  your agreement  with  all  statements  made  in  such  sections.  This agreement shall have its situs  for enforcement and be governed by the Laws of the State of Texas, County of Dallas, the State and Venue within which these services were sought and retained.

AUTHORIZATION AND RELEASE OF LIABILITY

I agree  that by  attending  and/or  treating,  manipulating  or doing  any  medical  procedure  or  activity  as  a  Doctor,  Patient  or  Student  during  my  instruction  and training  with  OTZ  Health  Education  Systems,  LLC  (“OTZ”)  (the  “Program”)  and  if  I  use  the  training outside  of  the  Program,  I  understand  and  agree  that  participation  in  this  Program  or  use  of  training after  the  program  and  any  other  activities  of  the  Program  necessarily  involves  the  risk of injury  and even death from various causes, including but not limited to accidents, falls, strenuous and prolonged physical  activity,  manipulations  and  any  medical  treatments,  and  negligence  of  Doctors,  participants and  people  at  the  Program.    I assume  these  risks  and  In  consideration  of  the  privilege of my participation in the Program and the knowledge and training I will receive, I hereby release, discharge, hold harmless and indemnify, and covenant not to sue, OTZ Health Education Systems, LLC and all of its directors,  officers,  managers,  members,  employees,  volunteers,  insurers,  agents  and  representatives, and  all  other  persons  associated  with  the  Program  (including  without  limitation  to  any  other participating people, sponsors, and workers, officials, and drivers) as to any and all claims of mine, any patient I treat utilizing any and all information taught through OTZ for personal injuries suffered by me, or any patient I treat for injuries I may cause, property damage, medical expenses, and economic loss arising directly or indirectly out of my participation in the Program.  I understand that no acceptance of liability or guarantee of results is expressed or implied.  The user of this information must be a licensed health  care  professional  who  accepts  full  and  complete  responsibility  for  its  implementation  and  use and  hereby  releases  and  will  hold  harmless  OTZ  for  any  damages.    This Release of Liability shall be  as broadly construed as allowed by law to include all claims and rights that I may have. If any provision of this Release of Liability is deemed invalid, the remaining provisions shall remain in full force and effect. This  Release  of  Liability  shall  be  binding  on  me,  my  family,  heirs,  next  of  kin,  legal  representatives, beneficiaries,  successors  and  assigns.    I  hereby  authorize  OTZ  Health  Education  Systems,  LLC  to  use, reproduce,  distribute,  display,  and  to  license  others  to  use,  reproduce,  distribute,  and  display,  my image, and photograph, as well as any video, digital, or audio recording or reproduction, in connection with  external  and  internal  communications  of  the  Program  for  the  sole  purpose  of  advancing  OTZ Health Education Systems, LLC programs.

MEDICAL CONDITIONS

I understand that participation in the Program may involve strenuous and prolonged physical activity. I agree that I am healthy and able to participate in the Program activities. I understand that OTZ Health Education  Systems,  LLC  or  its  representatives  may  request  health  information  concerning  me  and/or ask me to undergo a medical exam. If OTZ Health Education Systems, LLC determines that I do have a physical  or  mental  condition  that  may  affect  his/her  ability  to  safely  and  appropriately  participate in Program  activities,  OTZ  Health  Education  Systems,  LLC  may  determine  that  I  cannot  be  permitted  to participate. I understand and agree that, while OTZ Health Education Systems, LLC desires that I will be able  to  participate,  such  decisions  may  have  to  be  made  out  of  concern  for  the  best  interests  of  me  and other participants.

CONSENT TO MEDICAL TREATMENT

In  the  event  I  am  injured  or  becomes  ill  in  Program  activities,  and  if  I  am  not  able  to  make  medical decisions,  I  hereby  authorize  OTZ  Health  Education  Systems,  LLC,  its  staff,  volunteers  including volunteer participants, and supervisors, to arrange for and consent on my behalf to emergency medical and  dental  care  and  treatment,  including  tests  and  radiological  exams,  and  surgery,  and  hospital  care and  treatment,  and  to  consent to  medications  for  pain  and  other  conditions  as  prescribed  by  medical personnel attending me. I am responsible for payment of any medical charges or expenses not covered by my insurance (if any).
My signature below indicates that all information provided in this form is true and accurate, and that I fully  agree  to  all  statements  made  on  the  form,  including  but  not  limited  to  the  Authorization  and Release of Liability, Medical Conditions, and Consent to Medical Treatment.

PRACTICE IMPLEMENTATION INDEMNIFICATION

To the extent I implement in my private practice any of the information or techniques learned during the Program, I understand and agree that I am fully and solely legally liable and responsible for any injury, harm, damages or claims asserted by any patient in my private practice against me directly or indirectly relating to any information, education, technique, manipulation or treatment I utilize for or on behalf of any patient in my private practice.  Without limiting the generality of the foregoing, I hereby release and forever discharge OTZ, its owners, members, subsidiaries, affiliates, officers, agents, employees, servants, successors and assigns, including but not limited to Dr. Louis D’Amico, Dr. Francis Murphy and Dr. Michael Hall, and agree to hold each harmless and forever release and discharge them from any claims, damages, losses, causes of action, disputes, demands, liability, costs, expenses (including without limitation expert witness fees and other court costs) and attorneys’ fees, of any nature whatsoever whether known or unknown, suspected or unsuspected, past, present or future, whether in contract or tort, whether for negligence, professional malpractice, ostensible or apparent agency, negligent referral, lack of informed consent, misrepresentation, fraud, breach of confidentiality, breach of privacy or any other action or cause of action at law or in equity, on account of injuries known or unknown, present or future, sustained or allegedly sustained by any patient of mine in my private practice arising out of the information, training, technique, manipulation or treatment I obtained through the Program, or as a result of any injury sustained by any patient in my private practice pursuant to my involvement in the Program.

OTZ PARTICIPANT RELEASE AND INDEMNIFICATION

I wish to participate in the education and training program presented by OTZ Health Education Systems, LLC (“OTZ”) regarding the analysis and treatment of frozen shoulder syndrome (the “Program”).  The Program will involve teaching, training, information, education and manipulation techniques for the purpose of treating frozen shoulder syndrome.  I acknowledge and understand that my involvement in the Program is solely for the purpose of education, information and training and does not constitute medical, chiropractic or physical therapy services, professional treatment or professional health care.  The Program will be solely for educational purposes.  There are no necessities of my circumstances that compel or force me to accept this Release and I am granting this Release of my own free choice.  I acknowledge and agree that no professional provider-patient relationship has been or will be established between OTZ, Dr. Louis D’Amico, Dr. Francis Murphy and Dr. Michael Hall (on one hand) and myself with respect to the Program.  I expressly waive my rights to assert the existence of any legal duty of care against OTZ, its owners, members, subsidiaries, affiliates, officers, employees and agents, including but not limited to Dr. Louis D’Amico, Dr. Francis Murphy and Dr. Michael Hall, concerning the Program. 
In consideration for being allowed to participate in the Program, I release and forever discharge OTZ, its owners, members, subsidiaries, affiliates, officers, agents, employees, servants, successors and assigns, including but not limited to Dr. Louis D’Amico, Dr. Francis Murphy and Dr. Michael Hall, and agree to hold each harmless and forever release and discharge them from any claims, damages, losses, causes of action, disputes, demands, liability, costs, expenses (including without limitation expert witness fees and other court costs) and attorneys’ fees, of any nature whatsoever whether known or unknown, suspected or unsuspected, past, present or future, whether in contract or tort, whether for negligence, professional malpractice, ostensible or apparent agency, negligent referral, lack of informed consent, misrepresentation, fraud, breach of confidentiality, breach of privacy or any other action or cause of action at law or in equity, on account of injuries known or unknown, present or future, sustained or allegedly sustained by me or in any way arising out of the Program, or as a result of any injury sustained pursuant to my involvement in the Program.
I understand and am aware that the Program may involve new and advanced manipulation and other techniques, all of which may involve potentially hazardous activities.  I also understand that Program-related activities involve risk of injury and even death, and that I am voluntarily participating in the Program with knowledge of the dangers involved.  I acknowledge that I will not receive any benefits from participating in the Program.
I agree that this Release and Indemnification applies to myself, my parents if I am a minor, my heirs, executors, administrators, successors and assigns.  I intend to be legally bound hereby.

NON-­‐DISCLOSURE AND NON-­‐COMPETE AGREEMENT

 
This     Non-­‐Disclosure       and     Non-­‐Compete       Agreement      (“Agreement“)      is     entered      into     as     of seminar registration date, by and between OTZ Health Education Systems, LLC (“OTZ”), and Seminar Registrant (“you”).

OTZ has agreed to provide Confidential Information (“Information”) to you about its business, training, education and clinical technique. As a condition for OTZ to provide such Information, you agree to treat any Information in accordance with the provisions of this Agreement and to take or refrain from taking certain other actions herein set forth.
NOW, THEREFORE, for and in consideration of the foregoing premises, the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows:

  1. You hereby agree that the Information will be used solely for the purpose of treatment of your Patients by you personally at your clinic(s) and that such information will be kept confidential by you and will not be used outside of your clinical practice(s) without OTZ’s written You further understand that any doctor in your practice shall not utilize this confidential information without he/she being trained and certified by OTZ.
  2. In the event you become legally compelled (by deposition, interrogatory, request for documents, subpoena, civil investigation, demand, order or similar process) to disclose any of the contents of the Information, OTZ agrees that you may do so without liability, but you agree (i) to promptly notify OTZ prior to any such disclosure to the extent practicable and (ii) to cooperate with OTZ in any attempt it may make to obtain a protective order or other appropriate assurance that confidential treatment will be afforded the
  3. Given the nature of the Information, OTZ may be irreparably damaged by any unauthorized disclosure of any Confidential Information or of our discussions or by any breach of this Agreement by Without prejudice to the rights and remedies otherwise available to OTZ, you agree that OTZ shall be entitled to seek equitable relief, including an injunction or specific performance, in the event of any breach of the provisions of this Agreement by you.
  1. This Agreement  shall  be  governed  and  construed  in  accordance  with  the  laws  of  the  State  of  Texas, without regard to conflicts-­‐of-­‐law principles in Dallas County, Texas.
  2. The provisions of this Agreement shall be binding solely upon and inure to the benefit of the parties hereto and their respective successors and
  3. This Agreement represents the entire understanding and agreement of the parties hereto and may be modified only by a separate written agreement executed by you and Murphy expressly modifying this This Agreement supersedes and cancels any and all prior agreements between the parties hereto, express or implied.
  4. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed an original, but such counterparts shall together constitute one and the same
  5. If one or more provisions of this Agreement are held to be illegal or unenforceable under applicable law, such illegal or unenforceable portion(s) shall be limited or excluded from this Agreement to the minimum extent required so that this Agreement shall otherwise remain in full force and effect and enforceable in accordance with its terms.
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