Astym^® Therapy Certification at FYZICAL University

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.