Terms of service.

I. Introduction

Thank you for choosing Castro Direct Primary Care, PC (“Practice”) for your business. The Practice provides general primary care, running on a monthly payment model. The Practice refers to the foregoing products and/or services herein collectively as “Services.”

These Terms of Service and the Addendums 1 and 2 attached hereto (“Agreement,” or “Terms of Service”) apply to: (1) any use of and access to our website located at http://www.castrodpc.com (“Website”); (2) prospective clients of the Practice who attend activities hosted by or for the benefit of the Practice; and (3) participants who permit, authorize, and license to the Practice to use such participants image and physical likeness; collectively referred to as “you” in this Agreement.

When you use our Website or attend any Practice-related Activities pursuant to Addendums 1 and 2, you are agreeing to our terms, so please carefully read the: (1) Terms of Service, (2) Addendums 1 and 2 attached hereto, and the (3) Privacy Policy, incorporated herein, as these documents contain important information regarding your legal rights and obligations.

II. Agreement

THIS DOCUMENT, THE TERMS OF SERVICE AND ADDENDUMS 1 AND 2 ATTACHED HERETO, IS A LEGAL AGREEMENT BETWEEN THE PRACTICE AND YOU WHICH GOVERNS YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE, ADDENDUMS 1 AND 2, AND THE PRIVACY POLICY INCORPORATED HEREIN; AND YOUR REPRESENTATION THAT YOU ARE AT LEAST 16 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE AND ADDENDUMS 1 AND 2, YOU ARE NOT PERMITTED TO USE THE WEBSITE. If you accept these Terms of Service and use the Website on behalf of a company, organization, or other legal entity, you represent and warrant to the Practice that you have full power and authority to do so.

Effective Date. This Agreement is effective (“Effective Date”) on the date you first access or use the Website, whichever is earlier.

Patient Agreements. If you are an existing client of the Practice, the terms and conditions applicable to your use of our Services are contained in your Patient Care Membership Contract, Medicare Beneficiary Private Contract and Notice of Non-Covered Services, and Notice of Patient Privacy Practices (collectively, the “Patient Agreements”). To the extent that there is a difference in terms between the terms in this Agreement and the terms in your Patient Agreements, the terms in your Patient Agreements shall govern.

III. Patient Account

Account. We have partnered with Hint Health Inc. to manage your account, fees, and billing. By executing a Patient Care Membership Contract, incorporated herein, and creating an online account with the Practice on hint.com ("Account"), you are granted a right to use the Services provided by the Practice subject to the restrictions set forth in these Terms of Service, Privacy Policy and the Patient Agreements, incorporated by reference herein, and you agree to the Privacy Policy and Terms of Service of Hint Health Inc. located at https://www.hint.com/privacy and https://www.hint.com/terms.

Personal Information. As outlined in the Practice’s Privacy Policy, incorporated herein, we will protect your Personal Information and disclose it only in a limited number of circumstances. For purposes of this Terms of Service, your Personal Information does not include any Protected Health Information (“PHI”), as that term is defined in the Practice’s Privacy Policy. For more information regarding your PHI, please review our Notice of Patient Privacy Practices, incorporated herein. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to thwart those measures, or use your Personal Information for improper purposes. You acknowledge that you provide your Personal Information at your own risk.

Prohibited Uses. You may use the Website and/or Account only for lawful purposes and in accordance with these Terms of Services. You agree not to use the Website and/or Account to:

●  Access or use the content in order to build a similar or competitive service or product.

●  In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

●  To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services and/or Website, or which, as determined by us, may harm the Practice or users of the Website and/or Account, or expose them to liability.

●  Use the Website and/or Account in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

●  Use any robot, spider, or other automatic device, process, or means to access the Website and/or Account for any purpose, including monitoring or copying any of the material on the Website.

●  Use any manual process to monitor or copy any of the material on the Website and/or Account, or for any other purpose not expressly authorized in these Terms of Services, without our prior written consent.

●  Use any device, software, or routine that interferes with the proper working of the Website and/or Account.

●  Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

●  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Services and/or Website.

●  Attack the Website and/or Account via a denial-of-service attack or a distributed denial-of-service attack.

●  Otherwise attempt to interfere with the proper working of the Website.

IV. Links

Links to Other Websites. As described in the Privacy Policy, incorporated herein, the Website may contain links to third-party websites, such as but not limited to Hint Health (www.hint.com), Akute Health (www.akutehealth.com), Spruce Health (www.sprucehealth.com), and various news outlets, that are not owned or controlled by the Practice. The Practice has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, the Practice will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve the Practice from any and all liability arising from your use of any third-party website that is referenced or linked on our Website.

Links to this Website. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with the Practice or cause any other confusion, and (c) the links and the content on your website do not portray the Practice in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to the Practice. The Practice reserves the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

V. Intellectual Property of the Practice

Intellectual Property Rights. As discussed in the Practice’s Privacy Policy, incorporated herein, the Practice owns all right, title and interest in and to the Website, the Practice data and Aggregated Data, including, without limitation, all intellectual property rights therein. Subject to the limited rights expressly granted to you under this Agreement, Notice of Patient Privacy Rights (if you are a patient of the Practice), and the Privacy Policy, the Practice reserves all rights, title and interest in and to the Website, the Practice data and Aggregated Data, including, without limitation, all related intellectual property rights. The Practice’s service marks, logos and product and service names are owned by the Practice. You agree not to display or use any of the Practice marks in any manner without the Practice’s express prior written permission.

In addition, any trademarks, service marks and logos associated with a third party offering may be the property of the third-party provider, and you should consult with their trademark guidelines before using any of their marks.

Any information and data that you submit to the Website or in connection with the Website must not violate the intellectual property rights of third parties.

Finally, as specified in the Practice’s Privacy Policy, you grant us a license to use your feedback in connection with the Website and for general marketing purposes, unless you notify us otherwise in writing.

Data Ownership and Usage. As specified in the Practice’s Privacy Policy, incorporated herein, we will own all Aggregated Data, and the Privacy Policy will govern how we collect and use Personal Information that is submitted through the Website. By accessing or using the Website, you agree that you have read and accept our Privacy Policy.

As explained in our Privacy Policy, we have controls in place to prevent outside parties from stealing or accessing your data and Personal Information, but they are not foolproof. Please exercise caution when disclosing any Personal Information while using our Website. We will notify one another if either of us becomes aware that your data and/or Personal Information has been compromised.

VI. Your Communications with the Practice

No Submission of Unsolicited Ideas and/or Materials. In your communications with the Practice, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Website are deemed User Content and licensed to us as set forth below. In addition, the Practice retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. The Practice’s receipt of your Unsolicited Ideas and Materials is not an admission by the Practice of their novelty, priority, or originality, and it does not impair the Practice’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

VII. HIPAA

Health Insurance Portability and Accountability Act (“HIPAA”) imposes rules to protect certain personal health information. You should not share any PHI, or any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. This Website is not intended to be used to communicate PHI, nor comply with HIPAA. If you do share any PHI via this Website, you do so at your own risk.

We have partnered with Spruce Health, Inc. to facilitate HIPAA-compliant communications regarding your PHI, and we request that you only share PHI with us through Spruce Health’s services. You herein acknowledge that you have read and agreed to the Privacy Policies and Terms or Service of Spruce Health, Inc. linked below:

●  Privacy Policy: https://d10gugzveyt6ly.cloudfront.net/www-sprucehealth-com/privacy.html

●  Terms of Service: https://d10gugzveyt6ly.cloudfront.net/www-sprucehealth-com/terms-organizations.html

Additionally, we have partnered with Akute Health Inc. to manage your PHI, and we request that you only share PHI with us through Akute Health Inc.’s platform. You herein agree that you have read and agreed to the Privacy Policies and Terms of Service of Akute Health Inc. linked below:

●  Privacy Policy: https://www.iubenda.com/privacy-policy/19467817/full-legal

●  Terms of Service: https://app.termly.io/document/terms-of-use-for-website/91362c87-1773-4a3a-9c3e-5cc5 f7b26863

Finally, as discussed above, we have partnered with Hint Health Inc. to manage your account, fees, and billing information. You herein acknowledge that you have read and agreed to the Privacy Policies and Terms or Service of Hint Health Inc. linked below:

●  Privacy Policy: https://www.hint.com/privacy

●  Terms of Service: https://www.hint.com/terms

For more information regarding how we use, disclose, or share your PHI as well as your rights to your PHI, please review our Privacy Policy and Notice of Patient Privacy Practices, incorporated fully by reference herein.

VIII. Disclaimers and Limitation of Liability

THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PRACTICE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

THE PRACTICE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRACTICE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF THE PRACTICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

IX. Indemnification

You agree to indemnify, defend, and hold harmless the Practice from and against any and all third party claims alleged or asserted against any of the Practice, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising from or relating to: (a) any actual or alleged breach of any provisions of this Agreement; (b) any actual or alleged violation by you, an affiliate, or end user of the intellectual property, privacy or other rights of the Practice or a third party; and (c) any dispute between you and another party regarding ownership of or access to your data or Personal Information submitted to the Practice via its Website.

X. Dispute Resolution

Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against the Practice, you agree to try to resolve the dispute informally by contacting admin@castrodpc.com. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or the Practice may bring a formal proceeding.

We Both Agree To Arbitrate. You and the Practice agree to resolve any disputes through final and binding arbitration, except as set forth under “Exceptions to Agreement” to Arbitrate below.

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting admin@castrodpc.com within 30 days of first accepting these Terms of Service and stating that you (including your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Francisco, California, or any other location we agree to.

Arbitration Fees. The AAA rules will govern payment of all arbitration fees. Each Party shall pay its own dispute resolution/arbitration fees and costs. The Practice will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate. Either you or the Practice may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Practice’s products or the Practice Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions. You may only resolve Disputes with the Practice on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under this Agreement.

Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and the Practice agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and the Practice consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

XI. Miscellaneous Provisions

Choice of Law. These Terms of Service and the relationship between you and the Practice shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Relationship of the Parties. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Practice.

Entire Agreement. These Terms of Service, Addendums 1 and 2, Privacy Policy, and any applicable Patient Agreements, any and all of which are incorporated fully by reference herein, constitute the entire agreement between you and the Practice concerning the subject matter herein and the use of the Website. They supersede any and all previous or contemporaneous agreements, written or oral, between you and the Practice, including previous versions of these Terms of Service and/or Privacy Policy, with respect to your use of the Practice’s Website and pursuant to the terms referenced herein. If there is a discrepancy between these Terms of Service, Addendums 1 and 2, Privacy Policy, and any Patient Agreements you have with the Practice, the terms in the Patient Agreements shall govern.

Modification. The Practice reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service, Addendums 1 and 2, Privacy Policy, and/or Patient Agreements and any and all referenced and/or incorporated exhibits or policies, programs and guidelines. The Practice will post the updated terms to this page and endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service and/or Privacy Policy are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate, and immediately stop using, the Website. Your continued use of the Website following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.

Assignment. The Practice may assign these Terms of Service, Addendums 1 and 2, Privacy Policy, and/or Patient Agreements in whole or part at any time. However, you may not assign, delegate or transfer this Agreement in whole or in part, without the Practice’s prior written consent.

No Waiver. Any failure of the Practice to enforce or exercise a right provided in these Terms of Service, Addendums 1 and 2, Privacy Policy, and/or Patient Agreements is not a waiver of that right.

Severability. Should any provision of these Terms of Service, Addendums 1 and 2, Privacy Policy, and/or Patient Agreements be found invalid or unenforceable, the remaining terms shall still apply.

Force Majeure. Neither Party will be liable for any failure or delay in performance under Terms of Service, Addendums 1 and 2, Privacy Policy, and/or Patient Agreements (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving the Practice’s or your employees, respectively), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

Electronic Communications and Signatures. You agree to the use of Hint Health, Akute Health, and Spruce Health, in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.

Notices. Any notices provided by the Practice under this Terms of Service, Addendums 1 and 2, Privacy Policy, and/or Patient Agreements may be delivered to you to the email address(es) we have on file for your Account. You hereby consent to receive notice from us through the foregoing means, and such notices will be deemed effective when sent if on a business day, and if not sent on a business day then on the next business day. Except as otherwise specified in the Agreement, any notices to the Practice under this Agreement must be delivered either via email to admin@castrodpc.com or via first class registered U.S. mail, overnight courier, to: Castro Direct Primary Care, PC, 584 Castro St. #534, San Francisco, CA 94114.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, INCLUDING THE PRACTICE’S PRIVACY POLICY, AND AGREE THAT MY USE OF THE WEBSITE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, ADDENDUMS 1 AND 2, THE PRACTICE’S PRIVACY POLICY, AND THE APPLICABLE PATIENT AGREEMENTS INCORPORATED HEREIN.

Addendum 1

WAIVER AND RELEASE FROM LIABILITY

I HEREBY WAIVE AND RELEASE, and forever discharge Castro Direct Primary Care, PC and its agents, promoters, officials, participants, employees, officers, directors, affiliates, successors, and assigns (collectively, “Castro Direct Primary Care”), of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the functions or activities, conducted by, on the premises of, or for the benefit of Castro Direct Primary Care, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional misconduct.

I understand that the activities or functions in which I participate may be inherently dangerous and can cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, and next of kin, I waive all claims for damages, injuries and death sustained to me or my property, that I may have against the aforementioned released parties to such activity whether caused by the ordinary negligence of the released party or otherwise with the exception of acts of gross negligence or intentional misconduct as indicated above.

My participation in the Castro Direct Primary Care’s event is voluntary. I agree to be solely responsible for my own safety and to take every precaution to provide for my own safety and well-being while participating in activities or events sponsored or conducted by Castro Direct Primary Care.

By this Waiver, I assume any risk, take full responsibility and waive any claims of personal injury, death or damage to personal property associated with my participation in the event or activity including but not limited to using the facilities and equipment in any manner, form or fashion, and practicing and/or engaging in the event or activity.

I acknowledge that I have a medical insurance policy and that such insurance will be my primary source of payment should medical treatment be necessary as a result in my participation in the event or activity.

This WAIVER AND RELEASE is effective as of the first date I attended the event or activity sponsored or hosted by Castro Direct Primary Care and continues in effect unless terminated in writing by me. This Agreement supplements the existing Terms of Service agreed to in writing between the parties, which is fully incorporated by reference herein.

Together with the Terms of Service to which this Agreement is attached, this Agreement contains the entire agreement between the parties with respect to the subject matter herein, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE.

The provisions of this WAIVER AND RELEASE may not be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

I have read, understand, and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.

I have electronically signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to me. My click-wrapped electronic signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of liability, to the full extent of the law.

Addendum 2

AUDIOVISUAL RELEASE FORM

This AudioVisual Release Form (“Agreement”) is made between myself as the “Participant”) and Castro Direct Primary Care, PC (the “Practice”), a California professional corporation headquartered at 584 Castro St. #534, San Francisco, CA 94114.

This Agreement is effective as of the first date I participated in the Practice’s activity or event (“Effective Date”) and continues indefinitely absent written termination by the parties.

This Agreement supplements the existing Terms of Service agreed to in writing between the parties, which is fully incorporated by reference herein.

The parties agree as follows:

1. Usage of Photographs

Participant irrevocably permits, authorizes, and licenses to the Practice to use Participant’s image and physical likeness to edit, use, and reproduce Participant’s image and physical likeness (“Likeness”) in any and all manner of advertising, promotion, marketing, editorial or any other lawful purpose whatsoever and in any form or medium via any Practice-controlled social media channels, email, website, or print (“Practice Advertising”). For purposes of clarity and without limiting the foregoing, Participant agrees that the foregoing grant includes the rights: (a) to modify, edit, combine with other materials, translate, include in collective works, and create derivative works of the photographs or videos containing the Likeness (collectively, "Adapt," "Adapted," and "Adaptation," which have correlative meanings); and (b) to reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit the photographs or videos containing the Likeness, in whole or in part, and as provided by Participant unmodified or Adapted, including without limitation in any and all formats and media and by any and all technologies and means of delivery whether now or hereafter known or devised on any Practice-controlled social media channels, emails, websites or printed materials.

2. Consideration

Participant acknowledges and agrees that the opportunity to participate in the Practice’s sponsored or hosted event or activity constitutes the full and complete consideration for the use of the Participant’s Likeness in connection with the Practice Advertising, as detailed above. No amounts shall be due and owed to the Participant. The provision of an acknowledgment or credit of Participant in connection with the Practice Advertising, if any, shall be determined in the Practice’s sole discretion.

3. Waiver

Subject to the terms hereof and to the fullest extent permitted by applicable law, Participant hereby waives any and all claims, demands, losses, and liabilities of any kind or nature that Participant may have against the Practice, along with each of the Practice’s executives, directors, officers, employees, affiliates, agents, and assigns, with respect to the Practice’s authorized exploitation of its rights hereunder, including without limitation, claims in the nature of copyright infringement, libel, defamation, disparagement, slander, false light, violation of the right of privacy or publicity, or the like.

Participant agrees not to enjoin the Practice’s exploitation of Participant’s Likeness and/or the Practice Advertising in general, and in the event of any breach hereunder by the Practice, Participant shall be restricted to an action at law for monetary damages only.

4. Age

Participant represents and warrants to the Practice as follows: (i) that Participant is at least eighteen (18) years of age; (ii) Participant has full right, power, and authority to enter into this Agreement and grant the rights granted in this Agreement without violating any applicable law and/or agreement with any third party; and (iii) that the release provided does not require the consent of, or any payment to, any third party.

I have electronically signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to me. My click-wrapped electronic signature is proof of my intention to execute a complete and unconditional AUDIOVISUAL WAIVER AND RELEASE of liability, to the full extent of the law.