In consideration for the training instruction provided by Postural Restoration Institute, LLC (“PRI”), you (hereafter, “Participant”) agree that PRI, 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 PRI, including all such techniques, methodologies, and lessons presented or taught on PRI’s websites, home study or live courses, books, manuals, or other information of any sort provided by PRI (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 PRI.
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.
These Terms and Conditions shall be governed, construed, and enforced in accordance with the laws of the State of Nebraska. 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.
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 PRI shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall be held in Lincoln, Nebraska. Participant further agrees that the federal and state courts located in Lancaster County, Nebraska, 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.