Musculoskeletal Training Network Participant Terms and Conditions 

1. Parties. This agreement is made between the Musculoskeletal Training Network LLC (“MTN”) and the undersigned (“Participant”). In consideration of the mutual covenants and promises contained herein, and for good and valuable consideration the parties agree as follows: 

2. Services.  The undersigned hereby engages MTN as an independent educator service and MTN agrees to provide the services selected by the Participant and identified in the registration cart, all upon the terms and conditions contained in this agreement.  

3. Registration and Payment.  For all education rendered by MTN pursuant to this agreement, the Participant will register and pay the class fee in full or enter an organization-provided code at the time of registration.  Registration will be entered through http://www.msktraining.net.  

4. Cancellation Policy Applying to Participants Not Part of an Organizational Registration: The Participant will notify MTN in writing at info@msktraining.net of cancellation at least 21 days prior to the first day of the class for a complete refund minus a $50 administration fee. Cancellations or no-shows after that date will not receive a refund. Please allow up to four weeks for delivery of refund. Fees will be refunded the same way they were paid to MTN. 

5. Cancellations made by Participants as part of an organizational registration will not be refunded.

6. Duties of the Participant. The Participant will:

1. Notify the instructor of any specific learning needs or accommodations including any known allergies to materials. MTN will notify the Participant if a requested accommodation can be made. 

2. Arrive on time to class.

3. Inform the instructor immediately of any accident, injury, or reaction from the use of the materials or equipment.

4. Wear clothing appropriate to accommodate applying upper and lower extremity casts/splints if applicable.

5. Provide personal protective equipment as desired (e.g. gloves).

6. Follow the rules instructions provided and directions given to you by MTN during the class.

7. Provide a class evaluation form and valid email address in order to receive a certificate of completion and continuing education credits.

7. Duties of MTN.  MTN will: 

1. Determine the location, timing and content of the instructional course.

2. Provide relevant supplies, equipment, course materials, except as listed explicitly.  

3. MTN will issue CME electronically only. 

4. MTN is not responsible for monies Participants may have spent on penalty or non-refundable airline tickets or hotel deposits or any other expense in the event a course is canceled or sold out. Before purchasing your airline ticket make sure that you have received your registration and hotel confirmation. 

5. If a program is canceled by MTN, every effort will be made to notify registrants at least 30 days prior to the first day of the course and registration fees will be refunded or transferred to the cost of another class or rescheduled class.

8. Record keeping. MTN will supply Participants who complete the course in its entirety and complete a course evaluation with a certificate of completion via electronic record. Participants are responsible for supplying a valid email address for electronic delivery of the certificate. Participants applying for continuing medical education CME credits will have a record of their participation kept by MTN as required by the accrediting body.

9. Proprietary Rights. The parties hereby recognize that the services to be provided hereunder by MTN requires the professional experience and skills MTN acquired.  Accordingly, the parties acknowledge and agree that MTN shall retain ownership of all right, title, and interest in and to the course materials. Participant agrees that it will not have any right, title, or interest in or to such materials outside of personal use and excludes the right to reproduce, sell, or distribute (electronically or materially) instructional materials to any third party without prior written consent, which may be withheld in MTN’s sole and absolute discretion. 

10. MTN may take photographs and/or record audio and video at this event. Participant understands that Participant may be photographed or recorded on audio or video media during the training.  By attending, Participant consents to the use of photographs, audio, and video recording of Participant by MTN and its successors, assigns, and other designees in perpetuity, and the right to reproduce, display, exhibit, publish, distribute, other otherwise use, on a royalty-free basis, my name, image, nickname, likeness, photograph, voice, statements, biographical material, and any and all attributes of my personality and appearance (collectively, my "Identity") in MTN communications, advertising, promotions, marketing, or in materials created in connection MTN’s services, alone or with other materials, in any and all manner and media now known or hereafter devised, including without limitation on websites owned by or affiliated with MTN, on third-party websites, in social media channels, and in public relations materials.   Participant agrees no further approval is required for the MTN to use any such materials or Participant’s Identity. I acknowledge that all right, title, and interest in and to such materials, including without limitation all copyrights and trademark rights, shall be the sole and exclusive property of MTN and that MTN has the unlimited right to edit and modify such material.

Participant hereby irrevocably (a) releases, discharges and waives all claims, demands, losses and liabilities of any nature against MTN that Participant, their heirs, executors, administrators and assigns had, now have, or hereafter may have, including, but not limited to, claims in the nature of copyright infringement, defamation, disparagement, slander, false light, violation of the right of privacy or publicity, or the like, and (b) covenant not to make any claims against MTN, its successors, assigns, and designees.

1. Limitation on Liability; Disclaimers.  The parties understand and agree that MTN makes no express or implied warranties with respect to the Services, including but not limited to warranties of merchantability, infringement, or fitness for a particular purpose or use. Notwithstanding any other provision of this agreement, in no event shall MTN be liable for indirect, special, punitive, direct or consequential damages (including, without limitation, lost profits or goodwill or cost of cover) in connection with this agreement, the services or any deliverables provided by MTN, however caused and under any theory of liability, whether or not advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy.  MTN's total liability, if any, shall  not exceed the amount paid by the Participant to MTN.

2. Dispute resolution. This agreement shall be construed in accordance with the laws of the State of Washington.  If there is any dispute or controversy between the parties arising out of or relating to this Agreement, the parties agree that such dispute or controversy will be arbitrated in accordance with proceedings under American Arbitration Association rules, and such arbitration will be the exclusive dispute resolution method under this Agreement. The decision and award determined by such arbitration will be final and binding upon both parties. The arbitration proceedings will be conducted in King County, Washington.  All costs and expenses, including reasonable attorney’s fees and expert’s fees, of all parties incurred in connection with any such dispute and arbitration will be borne by the non-prevailing party as determined by the arbitrator.. 

3. No Transfer or Assignment.  Participant may not transfer or assign Participant’s registration without the prior written consent of MTN.

WAIVER, RELEASE of LIABILITY, AND ASSUMPTION OF RISK

Assumption of Risk.  Participant understands that participation in musculoskeletal training involves inherent risks, including the possibility of injury from the performance of physical skills, physical exertion, use of or exposure to supplies and equipment, or the negligence of others.  Participant agrees that Participant should not participate unless they are medically able to participate fulling in the training. Participant acknowledges that training may take place in public facilities and environments where hazards could be present.  By participating, the Participant voluntarily assumes all risks associated with the training, whether identified herein or not.

WAIVER; RELEASE OF LIABILITY.  In consideration of being allowed to participate in the training, Participant and their heirs, personal representatives, or assigns, hereby voluntarily releases, waive, discharge, and agree not to sue Musculoskeletal Training Network LLC its employees, instructors, agents, and representatives from any and all claims, liabilities, or causes of action arising out of or connected with ordinary negligence during the training session, whether they relate to injuries to any property, Participant or others. This release does not apply to gross negligence or intentional misconduct by MTN or its representatives.

Indemnification.  Participants agree to indemnify, hold harmless and defend MTN, its employees, and agents from any claims, damages, losses, or expenses, including reasonable attorneys’ fees, resulting from Participant’s participation in the training sessions or any related activities.

Voluntary Agreement and Participation.  Participant affirms that participation in the training is entirely voluntary and that they are free to withdraw from the activity at any time. By signing this Release of Liability, Participant acknowledges and affirms that they are doing so voluntarily and without any form of coercion, pressure, or duress. Participant has been given sufficient time to review this document, ask questions, and seek clarification if needed. Participant understands the terms and conditions contained herein and agrees to them freely, knowingly, and willingly.  Participant understands that they are not obligated to sign this agreement to receive oral and visual information about the training. However, Participant acknowledges that they will not be eligible for certification unless they actively participate in all required hands-on skills demonstrations and successfully meet certification requirements. Participants may only claim continuing education credits concordant with the number of hours of participation and after completion of a class evaluation.

Severability.  Participant agrees that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Washington and that if any provision of this agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.

By clicking “I agree” [during registration], Participant affirms that they have read this agreement, understood its terms, and voluntarily agreed to its provisions.