Shift Concussion Management Seminar - Attendee Terms & Conditions
Obligations of Attendee
1.The Attendee shall pay Shift upon completing registration for the Shift Concussion Management Protocol (SCMP) Seminar.
2.The Attendee shall have no authority to create any obligation whatsoever, expressed or implied, in the name of Shift. The Attendee agrees to indemnify and save Shift harmless from any claims, demands, damages, costs or losses whatsoever arising out of or in any way connected with any obligations created, whether express or implied, or any warranties, undertakings or guarantees made, as a result of actions of the Attendee.
3.Upon attendance of the Shift Concussion Management Seminar – the attendee acknowledges that they will make best efforts to ensure that the Attendee makes it clear to the patient that the decision as to when a patient returns to sport or normal activity must be made by a medical physician
4.Shift may, in its sole discretion, terminate this Agreement or decline attendance, without notice or delay, upon the Attendee's breach of any of the terms or conditions of this Agreement, including the Attendee’s failure to pay fees when due.
Fees -Upon execution of this Agreement, the Attendee shall pay to Shift an initial registration fee per Representative plus any applicable taxes thereon - This fee includes the cost of attending the scheduled Shift Concussion Management Seminar.
Terms and Conditions
A. Trade marks
(1) The Attendee shall have the right, following attendance of the Shift Concussion Management Seminar and subject to due compliance with the provisions hereof, to use Shift's trade marks in promoting the SCMP and for the purpose of describing itself as an Attendee of the SCMP seminar, and for no other purpose whatsoever.
(2) The Attendee agrees to comply with all instructions issued by Shift relating to the form and manner in which Shift's trademarks shall be used and to discontinue immediately, upon notice from Shift, any practice relating to the use of Shift's trademarks, which in Shift's opinion would or might adversely affect the rights or interests of Shift in the trade marks.
B. Non-Disclosure - The Attendee acknowledges that it has no ownership rights in SCM or Shift’s trademarks and that all disclosures made to the Attendee relating to trade secrets and including, without limitation, the specifications, standards, and procedures that are communicated to the Attendee, are communicated solely on a confidential basis, and that Shift has made a substantial investment and has a legitimate right to protect against unlawful disclosure. Accordingly, the Attendee agrees to maintain the confidentiality of all such information at all times and the Attendee further agrees not to use any such information in any other business or in any manner not specifically approved in writing by Shift. This paragraph shall survive the expiry or termination of this Agreement for any reason whatsoever.
C. Limitation of Liability & Indemnity
(a) Shift (and its directors, officers and employees) shall not be liable to the Attendee or any other person for any compensation, reimbursement, or direct, indirect, consequential or punitive damages resulting from the Attendee’s provision of or failure to provide treatment pursuant to the SCMP, from the event in paragraph (a) in this section D, or from the termination of this Agreement, including without limitation, the loss of actual or anticipated revenues, income, profits or goodwill, even if Shift has been advised of the possibility or likelihood of such loss.
(b) The Attendee hereby agrees to indemnify, keep indemnified, defend, and save Shift and its directors, officers, employees, successors and assigns harmless from and against any and all claims, demands, loss, liability, damages, judgments, settlements, penalties, costs and other expenses including reasonable attorney fees, court costs and other expenses of any litigation or administrative proceeding (“Claim”) arising from Attendee’s provision of or failure to provide treatment pursuant to the SCMP or any other treatment or service provided by the Attendee
D. Governing law - This Agreement shall be made and construed in accordance with the laws of the Province of Ontario.