The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. The risks and methods of transmitting the COVID-19 virus are not yet fully understood and there are differing opinions among experts on exactly how it spreads. Though we are undertaking measures for the safety of students and instructors, we cannot guarantee that these efforts will protect you from contracting COVID-19. By signing below, you agree to accept all responsibility for the risk that you may contract COVID-19 while attending the course.

Symptoms of COVID-19 include: • Fever • Fatigue • Cough • Difficulty Breathing; I affirm that I, and all household members, do not currently have, nor have experienced symptoms of COVID-19 within the last 14 days, nor have I or any household members been diagnosed with COVID-19 within the past 30 days. I also affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 within the past 30 days. I understand that Performance Dynamics, Inc. cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form or the health history provided by each attendee.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Performance Dynamics, Inc. its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims related to the Astym Certification Course. I understand and agree voluntarily.

As a condition to my participating in and receiving the training program in the performance of Astym® treatment provided by Performance Dynamics, Inc., an Indiana Corporation (“PDI”), I acknowledge and agree to the following:

1. PDI owns all rights in and to Astym treatment and all materials pertaining to the Astym treatment, including, but not limited to, all methods and elements of Astym treatment, instruments, written materials, manuals, clinical instruction, trade secrets, trade and service marks, patents, copyrights, outcome and other software, and other materials pertaining to Astym treatment (collectively, the “Materials”). Any research, modifications or improvements that I may make or contribute to pertaining to Astym treatment or the Materials shall be the sole property of PDI.

2. Materials pertaining to Astym treatment provided to me by PDI, either at the time of my training or after, in whatever form or medium, tangible or intangible, are not mine, and PDI shall continue to hold the exclusive rights to, and ownership of, such materials.

3. I will only use the Materials as provided in the agreements entered into between my employer/clinic and PDI, and I agree to be bound by the terms of those agreements. I shall keep all clinical instruction regarding Astym treatment confidential, and only use the Materials in the treatment of my patients, and not for any other purpose. No video or audio recording of such clinical instruction is permitted. I shall stop performing Astym treatment and return all Materials to PDI if I leave my current employment/clinic or the Service Agreement between my current employer and PDI is terminated for any reason. I may resume providing Astym treatment under another Service Agreement.

4. In granting certification, I understand that PDI grants me permission to perform Astym treatment in the areas of application and in the manner set forth in the training course to be applied as determined by my clinical judgment. PDI does not promote, suggest or approve of any other applications, nor does it determine my scope of practice, which is to be determined solely by me in accordance with all applicable standards, rules and regulations. I will not perform Astym treatment unless I am trained and certified by PDI, and under an active Service Agreement with PDI.

5. The Astym treatment process is a trade secret of PDI, and I shall keep the process strictly confidential and only use it in the treatment of my patients. I will keep confidential all Materials and instruction provided by PDI. I will only perform Astym treatment or any element thereof if I am authorized to do so under an agreement with PDI. I will not train, instruct or advise anyone in the performance or use of the Astym treatment or instrument assisted soft tissue mobilization.