A Three-Dimensional Approach for the Conservative Treatment of Scoliosis – Level Two:  Frontal and Transverse Plane Focus

COURSE PARTICIPATION AGREEMENT

STRATER Scoliosis Institute offers educational courses and products (“Programs” and/or “Content”) both online and in-person.  By participating in an online or live in-person course, you agree to the following terms. If you do not agree, do NOT register for our Program(s).  

Intended Users.  The Programs and Content provided through the STRATER Scoliosis Institute (“SSI”) are intended for licensed health care professionals only.  By purchasing our courses, handouts or resources, you certify that you are licensed healthcare provider.  You acknowledge that it is your responsibility to ensure that the skills acquired through purchase of our Programs are within your scope of practice as defined by your professional licensing board.  You agree not to train nor certify any other individual in the course topics provided in our Programs without our express written consent.  Our Content is also not intended for individuals who are under 18 years old.  By enrolling in our Programs, you represent and warrant that you are at least 18 years or older.  

License Grant.  By purchasing our Program(s), you are granted a non­exclusive, non­transferable, revocable license to access and use our Program Content for your individual non-commercial use in accordance with this Course Participation Agreement.  The license granted to you is subject to the Intellectual Property Rights clause below.  You may use the exercise/technique handouts for patient use and make modifications as appropriate.  Some products and services may have additional terms stated on the description of the product, which are incorporated into this Course Participation Agreement by reference.   

Our Intellectual Property.  All text, information, graphics, design, videos, photos and data offered through our Program and on our Website, whether produced by us or third parties with which affiliate with and/or have obtained publication rights from are collectively known as our “Content.”  Our Content, as found within our Program and Website, is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Course Participation Agreement permits you to use the Content for your personal, non-commercial use and for patient education and treatment only.  Except for modifications you make to our Content intended for patient education and treatment, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material in our Program or on our Website except as generally and ordinarily permitted through this Agreement or our Website Terms of Use Policy. You must not access or use for any commercial purposes any of the Program Content or part of the Website or any services or materials available through the Website.  The copying, redistribution, use or publication by you of any such Content, is strictly prohibited.  Your participation in our Program and use of our Website and Services does not grant you any ownership rights to our Content.  

Your License to Us.  If you post or submit to us any creative ideas, inventions or suggestions for our Programs, Content or services, such submissions shall become, and shall remain, the sole property of SSI. No submission shall be subject to any obligation of confidence on the part of the SSI. SSI shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you. This does not apply to personal information otherwise subject to any confidentiality requirements under law or this Agreement.

Course Completion Certification and CEUs.  If any of our Programs offer Continuing Education Units (CEUs) upon completion of the Program, it will be stated in the Program Description.  You are responsible for determining how to get credit for the CEUs we grant with your state licensure board or other certification entities that require CEUs.  

Education Disclaimer.  Our Programs are intended for educational purposes only and are not intended to provide individualized medical or consultative advice.  You also understand that the information provided in our Program and on our Website is by no means complete or exhaustive, and that as a result, such information does not encompass all conditions, disorders, or dysfunctions that may occur.  

If you participate in any group exercise programs we offer online, you understand that our virtual programs, whether offered to the public for free or through a paid program, are not physical therapy interventions or advice.  You acknowledge and agree that we have not examined you (and have no duty to examine you) and no patient/client-therapist relationship has or will be established by you watching or participating in our virtual exercise group programs.  If the educational or group program you participate in is targeted at a specific medical or physical problem, it is intended to provide general education, not specific medical or physical therapy advice for you or any other particular individual.  If we suggest self-assessment procedures, it is not intended to substitute for a medical or physical therapy exam.  If we answer questions from you or any other participants in the group, our answers are intended to be hypothetical only and not intended as specific medical or physical therapy advice for you or any other particular individual.  You also understand and agree that none of our communications, whether in an individual or group session, establish a patient-therapist relationship.  

Streaming Live Programs.  You understand that the quality of the video in a live streaming Program depends on factors beyond our control. Therefore, we cannot promise that our Program will be free of audio or video interruptions and disconnections.  The quality of the video may not always be clear and there is potential of unauthorized access to Program.  If any of these occur, the Program may need to be stopped and/or rescheduled.  By registering for our Programs, you agree to accept these risks.  We are not responsible for these or other technology problems that we are not in control of.

Payment and Purchases.  When you register for our Program(s), you will be directed to our payment processing vendor.  By doing so, you give us permission to automatically charge you for payment. You will receive an electronic receipt for your records. 

If your payment method fails or is otherwise declined, you will be removed from, or cancelled from having access to our Program(s). Please note, in the event your payment method is declined at any time, you will still be responsible for the full cost of your purchase if you have already been given access to the Program materials. 

Cancellation and Refund Policy.  If you cancel your registration after course materials have been sent to you for a course that we do not record, we will refund your course registration minus a $200 fee.  Alternatively, if you cannot attend a live course on the scheduled date, you can apply registration to a future course or send a substitute attendee.  If we record the course, the recording will be made available to you and no refunds will be made. 

If any Programs have other specific refund policies, it will be stated so in the description of the Program. If your access to a Program is terminated by us due to our determination that you have violated any of the terms in this Agreement, no refunds will be given.

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Programs, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.  You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your purchase of our Program(s) and/or use of our Website and its Content.

Third-Party Links.  Third-party links in our Programs and/or on our Website, whether posted by us or other Users, may direct you to third-party websites that are not affiliated with us.  SSI is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Consent to Receive Communications.  When you purchase our Programs, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from us. You consent to receive notices electronically by way of transmitting the notice to you by email.  You may opt-out of receiving such communications by clicking the “Unsubscribe” button on the communication or by contacting us at straterscoliosis@gmail.com.  

Your Personal Information.  We use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files, if any, that you submit to us through our Website. Use of the Website is completely at your own risk.

If we instruct you on any exercises, balance activities or other physical procedures during the telemedicine/telehealth session, you are responsible for determining whether you can safely perform the activity without risk of falling or otherwise injuring yourself.  If you do not feel safe, you must tell us.  If the exercise or activity requires the assistance of a family member or caregiver (collectively “Caregivers”), you are accepting the risk of the actions of your Caregivers.  We are not responsible if you fall or get injured by the actions, errors or omissions of your Caregiver.

General Liability, Release, Assumption of Risk and Waiver of Claims.  In consideration for the training instruction provided by SSI, you agree that SSI (hereafter, “Hosting Clinic/Organization”), its owners, shareholders, officers, managers, agents, employees, volunteers, faculty, and contractors (hereafter, the “Protected Parties”) SHALL NOT BE LIABLE for injury or death to Participant or for any other consequential or incidental damage caused in any manner whatsoever where such liability arises from or is attributable to physical, rehabilitative, or restorative therapy training and instruction provided by SSI, including all such techniques, exercise instruction, methodologies, and lessons presented or taught on SSI’s websites, home study or live courses, books, manuals, or other information of any sort provided by SSI (hereafter, the “Instruction”).

Participant hereby RELEASES AND HOLDS HARMLESS Protected Parties from any and all claims and

causes of action against Protected Parties that Participant may now have or may have in the future relating to or arising out of the Instruction. Participant agrees not to bring or cause to be brought any suit, claim, or cause of action related to the Instruction and acknowledges that the releases and waivers referred to herein shall apply regardless of whether the liability is asserted on the basis of contract, strict liability, or ordinary negligence. Under no circumstance shall Protected Parties be liable for damages to Participant in an amount that exceeds the amount paid by Participant for the Instruction. 

Participant further agrees to indemnify and hold the Protected Parties harmless from any and all claims (such as those brought by a patient treated by Participant) arising out of or relating to Participant’s utilization of the treatments, techniques, or methodologies taught to Participant through Instruction provided by SSI.

PARTICIPANT REPRESENTS AND WARRANTS THAT PARTICIPANT IS PHYSICALLY AND MEDICALLY ABLE TO PARTICIPATE IN THE

INSTRUCTION PROVIDED AND THAT PARTICIPANT HAS THE PREREQUISITE TRAINING TO UTILIZE ANY EQUIPMENT NECESSARY AND ATTENDANT TO THE INSTRUCTION. PARTICIPANT AGREES THAT THE INSTRUCTION IS UNDERTAKEN AT PARTICIPANT’S OWN RISK. 

Photos and Videos Consent.  Participant authorizes SSI to take photos or video during the Program, and consents to use of such photos or video, including those which may contain Participant or Participant’s likeness, for any future presentations, publications, website, social media, etc., without further consent or consideration.  If you do not want your image to be used in our photos or videos, you must inform us prior to the course by sending an email to straterscoliosis@gmail.com

Jurisdiction.  This Course Participation Agreement shall be governed, construed, and enforced in accordance with the laws of the State of North Carolina. In the event that any of the terms hereunder are unenforceable, the remaining terms shall remain in full force and effect. In the event any terms are subject to construction, Participant agrees that it is the intent of this document to limit Protected Parties’ liability to the fullest extent possible.

Arbitration.  Participant agrees that any claims or disputes brought against a Protected Party by Participant, regardless of the nature of the claim or dispute, arising out of the Instruction or services provided by SSI shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall be held in Orange County, North Carolina. Participant further agrees that the federal and state courts located in Wake and Orange County, North Carolina, are the sole and exclusive venue for any proceedings collateral to the arbitration, including the entering of the award rendered by arbitration, and consents to jurisdiction there.