As a condition of admission to and participation in the Enhanced Recovery After Delivery training (the “Training”) organized by Rebeca Segraves, PT, DPT of Enhanced Recovery and Wellness, LLC (Organizer) [Participant and Organizer are referred to as the “Parties”], the Participant understands and agrees to the following:
1. I am receiving training techniques to treat pregnant and postpartum clients. I will apply these techniques with respect for my clients.
2. I understand that I will receive instruction in rehabilitation techniques for the high-risk pregnancy population and for use during the immediate postpartum period that are not generally known. I will be provided access to instructional materials (text) that are protected by U.S. and international copyright laws (“Information and Materials”). The Information and Materials are proprietary to the Organizer and are not to be used in any manner without prior written consent from the Organizer. Any use of the course material including educational handouts for clients should include copyright attribution to Rebeca Segraves, PT, DPT and Enhanced Recovery and Wellness, LLC.
3. I represent and warrant that I am a currently licensed and appropriately qualified professional who is authorized to conduct the interventions taught in this Training and have suitable liability insurance to participate in the Training and apply it with clients. If I am not authorized to directly conduct the interventions covered in this Training, I understand it is my responsibility to refer clients to the appropriate provider.
4. I understand the nature of the Training and acknowledge that I am qualified to participate and voluntarily agree to participate in the Training. If activities or instruction in the Training are outside of my comfort zone or professional work, I understand I am solely responsible to discontinue further participation.
5. By reviewing and acknowledging this Agreement, I hereby release, discharge, and agree to hold harmless Rebeca Segraves, PT, DPT of Enhanced Recovery and Wellness, LLC and its respective members, instructors, successors, agents, volunteers, employees, other participants, and all of their heirs and assign (each considered one of the “Released Parties” herein) from all liability, claims, demands, losses, or damages on account caused or alleged in whole or in part by the negligent act or omission of the Released Parties in connection with the Training and my practice of the techniques discussed in this training. I further agree that if, despite this release, I or anyone on my behalf makes a claim against any of the Released Parties, I agree to defend, indemnify, and hold harmless each of the Released Parties from any damages, claims, litigation expenses, attorney’s fees, loss liability or any cost which may incur as a release of such a claim.
6. If any portion of this Agreement is held invalid, unlawful, void, or unenforceable, that provision shall be severable from the other provisions, and the remaining provisions shall continue in full force and effect.
7. The Parties agree that all claims, controversies, breaches or disputes arising from or related to this Agreement, including those pertaining to the formation, construction, performance, applicability, interpretation, or enforceability of this Agreement, or any claim or assertion that all or part of this Agreement is void or voidable, shall be settled by binding arbitration. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this agreement. The arbitrator may consider the testimony and evidence presented by the parties through any or all the following types of hearings: documentary hearing, teleconference hearing, or through a standard scheduled hearing physically attended by the parties and legal counsel if any. Any standard arbitration hearing that requires the parties’ physical presence shall be held in Yakima County, Washington. The Parties also agree that any award tendered by the arbitrator may be entered as a judgment in the United States court in and for the district within which such award was made and enforceable as an order of said court and the Parties hereby submit to the venue and jurisdiction of that court for purposes of enforcement of any arbitration award.
By participating in the Training, I am indicating that I have read this Agreement, fully understand, and agree to its terms and intend that my participation is a complete and unconditional release of all liability to the greatest extent allowed by law. The Parties agree that digital acknowledgement of reading and agreeing to the terms of this Training Agreement shall be accepted and enforceable.