Virtual Educational Session Waiver and Release of Liability
IMPORTANT: THIS IS A LEGAL DOCUMENT. PLEASE READ CAREFULLY BEFORE AGREEING. BY AGREEING TO THIS WAIVER, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, LOSS, OR OTHER HARM ARISING FROM YOUR PARTICIPATION IN THE VIRTUAL EDUCATIONAL SESSION.
This Waiver and Release of Liability (the "Waiver") is entered into between you (the "Participant"), [Your Full Name], DPT (the "Clinician"), and Medi-Dyne Healthcare Products, Ltd. ("Medi-Dyne"), a Texas-based company. The Clinician is a licensed Doctor of Physical Therapy and the inventor of certain products, including the Pro-Stretch, the patent for which has been purchased by Medi-Dyne. This Waiver applies to your participation in a free, virtual educational session (the "Session") offered as a general knowledge discussion related to the Pro-Stretch product and related topics. The Session is provided by the Clinician and facilitated through a flyer included in Medi-Dyne product packaging.
The Session is intended solely as a beta test for a complimentary educational service to benefit purchasers of the Pro-Stretch. It is not a medical visit, telehealth service, or physical therapy treatment under any state or federal laws. No specific diagnosis, ailment, injury, or medical condition will be addressed, treated, or advised upon. The Clinician will provide only general, non-personalized information based on their expertise and invention experience. This Waiver is designed to comply with applicable U.S. federal and state laws, including but not limited to telehealth regulations, physical therapy licensure requirements (such as those under the Physical Therapy Licensure Compact, where applicable), and privacy laws. However, laws vary by state, and while this Session is structured as general education to avoid constituting regulated telehealth practice across state lines, you are encouraged to consult local laws or a legal professional if you have concerns.
1. Acknowledgment of Nature of the Session
- I understand and acknowledge that the Session is for informational and educational purposes only. It does not constitute medical advice, diagnosis, treatment, or the practice of physical therapy.
- No doctor-patient or clinician-client relationship is created by my participation in the Session. The Clinician is not providing personalized health care, prescribing exercises, or recommending treatments for any specific condition.
- Any information shared during the Session is general in nature and should not be relied upon as a substitute for professional medical advice from my own licensed healthcare provider. I agree to consult my own physician, physical therapist, or other qualified healthcare professional before applying any general information discussed.
- I acknowledge that physical therapy telehealth across state lines is regulated differently in each U.S. state. For example, under the Physical Therapy Licensure Compact (adopted by over 30 states as of October 2025), licensed PTs may provide services in compact member states without additional licensure, but only if it qualifies as practice. Since this Session is purely educational and not treatment-oriented, it is not intended to trigger such requirements. However, if my state interprets this differently, I assume responsibility for verifying compliance.
- The Session is offered free of charge as a benefit to Pro-Stretch purchasers and is not billed to insurance or considered a reimbursable service under Medicare, Medicaid, or any private payer.
2. Assumption of Risk and Release of Liability
- I voluntarily choose to participate in the Session and assume all risks associated with it, including but not limited to any potential misapplication of general information that could lead to injury, aggravation of existing conditions, or other harm.
- I release, waive, discharge, and covenant not to sue Medi-Dyne, its officers, directors, employees, agents, affiliates, or successors from any and all liability, claims, demands, actions, or causes of action arising out of or related to my participation in the Session, including any negligence or other fault on the part of Medi-Dyne.
- Notwithstanding the above, I understand that the Clinician is solely responsible for the content and conduct of the Session. Any liability arising from the Session, including but not limited to claims of professional negligence, misinformation, or non-compliance with applicable laws, shall be directed solely to the Clinician. Medi-Dyne assumes no responsibility or liability for the Clinician's actions or advice. The Clinician agrees to indemnify and hold harmless Medi-Dyne from any claims related to the Session.
- This release applies to all claims, whether known or unknown, and includes any physical, emotional, financial, or other damages. I waive any rights under laws such as California Civil Code § 1542 (or similar statutes in other states) that might limit the scope of this release for unknown claims.
- This Waiver is intended to be as broad and inclusive as permitted by the laws of the United States and all 50 states. If any portion is held invalid, the remainder shall continue in full force.
3. Compliance with Laws
- I confirm that I am at least 18 years old (or have parental/guardian consent if under 18) and reside in the United States.
- I acknowledge that telehealth and physical therapy laws vary by state (e.g., some states require in-state licensure for any virtual health-related interactions, while others allow educational sessions without restriction). By participating, I agree that this Session complies with my state's laws as a non-medical, educational interaction.
- If the Session is deemed to violate any law in my state, I agree to hold Medi-Dyne harmless and direct any claims solely to the Clinician.
4. Consent for Audio and Video Recording (Opt-In)
This section is separate and optional. By opting in below, you provide explicit consent for recording, which is required to comply with U.S. federal and state laws on recording conversations (e.g., in all-party consent states like California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington, all participants must consent; in one-party consent states, only one party's consent is needed, but we obtain explicit consent to ensure nationwide compliance).
- Opt-In Consent: I hereby consent to the audio and video recording of the Session by the Clinician or Medi-Dyne for the purposes of internal training, quality improvement, and promotional materials (e.g., marketing clips, testimonials, or educational content). Recordings may include my image, voice, and any shared information.
- I understand that recordings will be stored securely and used only for the stated purposes. No recordings will be shared publicly without my additional written approval (e.g., for specific promotional uses).
- I may revoke this consent at any time before or during the Session by notifying the Clinician verbally or in writing, but revocation after the Session may not prevent use of existing recordings for training purposes.
- This consent complies with laws such as 18 U.S.C. § 2511 (federal wiretap law) and state equivalents. If my state requires additional protections, I assume responsibility for verifying them.
By participating in the virtual appointment you agree to all of the above. And claim that “ I opt in to audio and video recording as described above.”
