Program Participation Agreement and Liability Waiver

Dawn Thomas Physical Therapy PLLC offers virtual and or digital individual and group general wellness/fitness programs. Virtual and or digital Wellness/fitness programs could include but not be limited to: coaching programs, courses, exercise classes, recorded classes, webinars, blogs and digital educational material and content available on various public and private platforms.

 

As a condition of participation in any of the listed programs, you agree to the following. If you do not agree, do not participate in our programs or utilize our educational material.

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▪ You attest that you are at least 18 years old to participate in our program(s). If you are under 18 years old a parent or guardian will provide consent/agreement.

▪ Our virtual or digital wellness/fitness programs are intended to provide general education and fitness services for people who are asymptomatic and therefore do not require a referral or a physical therapy examination before embarking on a wellness or exercise program. Our services are not intended to address any specific medical or physical problems, pain or dysfunction that you might be having. If you have pain, discomfort or disabilities that are limiting your performance, work or activities of daily living, you should see a physician or physical therapist for an examination before you participate in our program(s). If it becomes evident that you might benefit from a physical therapy or other medical consultation, we may recommend receiving physical therapy services via Dawn Thomas Physical Therapy PLLC or refer you to the most appropriate resource.

▪ If a virtual or digital wellness/fitness program is not 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 other participants in a group session, 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. If you seek or require specific individualized advice, we will recommend a physical therapy consultation via Dawn Thomas Physical Therapy PLLC or refer you to the most appropriate resource.

▪ You understand that there are risks in participating in any exercise and wellness program. You may be at risk for injuries, including but not limited to tendinitis and muscle strains, back or neck injuries, paralysis, cardiovascular events or even death. If an exercise requires balance, you could be at risk for falling, which could result in fracturing bones. You may also experience muscle soreness from working muscles that are weak or deconditioned. When using exercise equipment, such as weights, resistance bands or therapeutic balls, there are always risks that the equipment may malfunction or fail, potentially causing injury, especially if it is not properly used. We recommend you obtain medical clearance from your primary care provider or physical therapist before participating in our general exercise/fitness/wellness and coaching program. Your participation in our program is solely at your own risk whether you obtain medical clearance or not. You knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for your participation.

▪ We do not claim that our general wellness/fitness programs will result in any particular or specific therapeutic, performance or other outcome.

▪ You understand that although our program instructors may be physical therapists, our general wellness/fitness 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 general exercise/fitness and coaching program(s).

▪ Privacy. You understand and agree that you have no expectation of privacy while participating in our virtual or digital group programs or virtual and digital communications related to content in public spaces because we are not providing medical or physical therapy interventions or advice, therefore, state and federal health care privacy laws (such as HIPAA) do not apply. As such, you should not disclose information about yourself that you do not want other participants to know.

▪ Intellectual Property Rights. In the provision of our services, we may provide you with copyrightable works that we have invested time and financial resources to develop, including but not limited to exercise handouts, videos and educational resources. By providing copies of our intellectual property to you, we are giving you permission to use the materials for your own personal, noncommercial use. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the intellectual property we provide to you without our explicit consent.

▪ Product Recommendations. We may recommend products that we think may benefit you through our wellness/fitness/coaching/training sessions. We may be affiliates to the distributor or manufacturer of the products we recommend. This means we may make a small commission if you make a purchase. The products we recommend on this website and in blog posts are always products we use ourselves or recommend to clients. However, by recommending a product and providing a link, we are not endorsing any particular vendor and make no claims or warranties regarding the products we recommend and you are free to obtain the products from the vendor of your choice.

▪ Payment and Cancellations. If there is a fee for the program you participate in, you agree to pay for the program in advance of your scheduled session. If you schedule an individual session, you must give at least 24 hours-notice in advance if you need to cancel or reschedule the session. If you cancel with less notice, you will forfeit the payment made for the scheduled session. If you pay for a live group session but fail to participate, you forfeit the fee for the session. We will not provide refunds for any scheduled sessions.

▪ Photos and Videos. We may take photos and/or videos of the group session from time to time for educational purposes or to promote our services on our website or social media pages. By participating you agree to use of photos and videos.

▪ You agree, on behalf of yourself and your heirs, assigns, personal representatives and next of kin, to assume these and all injury risks and waive all liability against Dr. Dawn Thomas and Dawn Thomas Physical Therapy PLLC, its officers, members, employees, subcontractors, agents, assigns and other participants and sponsoring agencies (“Releasees”) for any and all claims, lawsuits, damages, liability, costs and expenses, including reasonable attorneys’ fees, for any personal injury or personal property damage claims, disability, death, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.

▪ Governing Law. This Agreement shall be governed by the laws of the State of Michigan.

 

I have read, understand and agree to this Program Participation Agreement and Liability Waiver.

If I do not agree I will not use the information or participate in any educational or wellness programs offered virtually or remotely by Dawn Thomas Physical Therapy PLLC.