RELEASE AND WAIVER OF LIABILITY
I understand that this Release And Waiver Of Liability governs all rights and liabilities relating in any way to the receipt by me from Performance in Motion Rehabilitation, Inc. and/or its agents of Services, as that term is defined below. I have read, understand, and agree to be bound by the terms below.
Definitions
“Services” shall mean any and all manner of goods and services offered by Performance in Motion or any other Released Party to you. These services, which may take the form of training, treatment, consulting, and the like, expressly include but are not limited to: evaluations; rehabilitation; reconditioning; performance planning; performance training (including strength & conditioning training, speed& quickness training, plyometric training, and the like); recovery and regeneration training; sports nutrition consultation; supplement and nutrition provision; any consultation related to any item in this list; injury reduction and treatment; technical and tactical instruction; performance enhancement.
“Training” shall mean any act, omission, or other activity required of you or carried out by you in relation to the Services. This term shall not be limited, in any way, with respect to any location site, or facility at which any activities related to the Services takes place.
“Released Parties” shall mean Robbie Ohashi, Jennifer Ohashi, Jacob Brueck, Jyron Aparri, Colleen Lind, Kiera Leafblad, Performance in Motion, along with, in relation to the previously-listed respective Released Parties, all of their officers, directors, shareholders, insurers, partners, employees, employers, agents, successors, contractors, assigns, affiliates, parent corporations, affiliated corporations, and subsidiary corporations.
Terms and Provisions
The risk of injury from participation in sporting events and other strenuous physical activity, including Training, is significant, including the potential for permanent paralysis, other serious injury, and/or death. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS of participation in Training, including, without limitation, risk arising from or relating in any way to the condition of the facilities, equipment, fields, and surrounding premises, the actions of persons other than myself, my own actions, and travel to and from the Training (including, but not limited to, travel services provided by any Released Party or in any vehicle owned, operated, or associated with any Released Party). I UNDERSTAND THAT THERE LEASED PARTIES MAKE NO WARRANTIES and shall in no event be responsible or liable for the defective or dangerous condition of the facilities, equipment, fields, and surrounding premises, except to the extent such condition(s) result(s) solely from the gross negligence or willful misconduct of a Released Party.
I AGREE THAT THERE LEASED PARTIES SHALL NOT BE LIABLE for any claims, demands, injuries, damages, actions, or causes of action that arise in whole or in part due to the negligence of the Released Parties, or any of them. FURTHERMORE, I FOREVER RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, the Released Parties from and in relation to all claims, demands, injuries, damages, actions, or causes of action that arise from or relate in any way to my participation in the Training, other than such claims, demands, etc. that arise solely from the gross negligence or willful misconduct of a Released Party. I FURTHER WARRANT AND CERTIFY that I have no health conditions or defects that would prevent me from participating safely in the Training, that I have taken every reasonable act necessary to make this warranty and certification in relation to such participation, and that I am otherwise sufficiently fit and healthy to so participate.
I WARRANT AND UNDERSTAND that it is my sole and personal responsibility to obtain insurance to compensate for any and all injuries which might arise from my participation in the Training, and furthermore agree to look solely to such insurance to cover losses resulting from any injuries, regardless of fault, and waive all rights of subrogation on behalf of any and all Released Parties which may now or ever exist as a result of such insurance.
I agree that I will be solely responsible for any damage (whether to a person or property) I, my guests, agents or invitees cause, including but not limited to any Performance in Motion equipment or personnel and any hotel property or personnel, and will indemnify Performance in Motion, Inc. in connection with any claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorneys’ fees and costs) and other obligations directly or indirectly arising out of or related to any act or omission by me, my guests,agents or invitees.
IN ANY EVENT, THE LIABILITY OF A RELEASED PARTY TO ME FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY ME TO PERFORMANCE IN MOTION, INC DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING MY ASSERTION OF SUCH CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION TO EQUITY, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
If any paragraph, subparagraph, sentence or clause of this Agreement shall be adjudged illegal, invalid or unenforceable, the balance of the Agreement shall remain in full force and effect. This Agreement shall be construed and interpreted under Illinois law. Any lawsuit or claim arising from or relating in any way to Training, Services, and/or this Agreement shall be brought, if at all, in Cook County, Illinois.
I have read this Agreement, fully understand its terms, understand that I have given up substantial rights by signing it,and sign it freely and voluntarily. I acknowledge that I have received valuable consideration in relation to my execution of this Agreement, which I understand to be a prerequisite to my receipt of Services. Finally, I understand that this Agreement shall be of full force and effect as to any and all Services I receive from the Released Parties, without regard to the date or timing of such service.
Patient or Parent/Legal Guardian Name:
Signature (Guardians signature if minor):
Date:
Informed Consent for Physical Therapy and Wellness Services
Ohashi Performance in Motion Rehabilitation, Ltd., a professional corporation doing business as Performance in Motion (“Practice,” “we,” “us”), provides both traditional physical therapy, which may include but is not limited to: providing performance training, active recovery, examinations, evaluations, assessments, testing, and evidence-based exercises; alleviating impairments; and recommending treatment programs in consultation with other healthcare providers (“Physical Therapy Services”), and wellness services, which may include but are not limited to: providing coaching and well-being consultations and sharing information regarding well-being and fitness for educational purposes (“Wellness Services”) (collectively, “Facility Services”). We believe that Wellness Services can aid therapeutic practices and, as such, please note that while we offer Wellness Services as a part of our services to our clients through our licensed physical therapists, we are not certified coaches. Wellness Services are not Physical Therapy Services or any other licensed activity.
Before we provide Physical Therapy Services to you, the law requires that we obtain your informed consent. We also require your informed consent to receive Wellness Services to ensure we have a mutual understanding of your goals and how we can facilitate those goals. You can only provide us with your informed consent after we have discussed your proposed services, the potential risks of those services, the potential benefits of those services, and information about any possible alternative services. Please tell us immediately if you experience any health changes or feel uncomfortable while participating in Facility Services.
Potential Benefits of Physical Therapy Services
Physical Therapy Services may increase strength, enhance stability, improve mobility, and reduce pain associated with your physical ailments. Participating in physical therapy may improve symptoms affecting your physical well-being. Realizing these benefits may require demonstrable effort on your part and the part of your caregivers and family members, including active participation in physical therapy or wellness treatments, if recommended, to support you through your recovery.
Potential Risks of Physical Therapy Services
Participating in Physical Therapy Services may involve some discomfort, including fatigue and soreness. During your participation in Physical Therapy Services, you may find that you feel worse before you feel better. Recovery and change may be easy and swift at times, but it may also be slow and frustrating. We are here to guide you through the process.
Potential Benefits of Wellness Services
Participating in Wellness Services may improve your overall well-being, increase productivity, and inspire confidence. Any benefits realized through Wellness Services that align with benefits from other interventions, including licensed activities, are coincidental. It will be your decision to determine how to best apply our Wellness Services to your lifestyle and other choices about your health.
Potential Risks of Wellness Services
Participating in Wellness Services may also cause discomfort, and feelings of uncomfortableness, depending on the program. If, at any point during wellness coaching, you feel you have reached a point of exhaustion or would otherwise like to end the program, please communicate those thoughts with your wellness coach. We tailor Wellness Services to benefit you, and your progress is the priority.
Alternatives to Facility Services and Discontinuing Care
At any time during your participation in Physical Therapy Services or Wellness Services, you or your designee have the option to discontinue such services. You may also choose to turn to another healthcare provider to address your ailment(s).
We may terminate Physical Therapy Services or Wellness Services if we determine continued treatment puts you at risk and assumption of such risk is not advisable, if your goals have been met, or if ethical or safety issues arise.
You are not required to answer any question by us that you do not wish to give. Please let us know if you prefer not to answer any questions we have during our intake process. You understand that refusal to participate in any portion of the Facility Services does not automatically affect your eligibility for services; however, it may limit our ability to help you. You acknowledge that any diagnosis rendered or treatment provided by our licensed physical therapists necessarily depends on the information you provide to us. If you withhold information, you, therefore, assume the risk that a diagnosis may not be made or may be made incorrectly. In such a case, your treatment might be less successful than it otherwise would be, or it could be entirely unsuccessful.
Agreements and Acknowledgements
I, the undersigned client, acknowledge that the Practice, through its licensed officers, agents, independent contractors, or employees, will take part in providing Physical Therapy Services and Wellness Services for me. I further acknowledge that the ideas, goals, and treatment methods for my health circumstances have been explained to me. I further acknowledge that, when providing Facility Services, the Practice will use methods that it determines, in its professional opinion, to be in my best interests.
I further acknowledge that my progress will be evaluated periodically when I receive Physical Therapy Services and Wellness Services, which may change my physical therapist’s plans or goals. I understand that my care may be transitioned to another physical therapist at the Practice for any reason, including due to the nature of my symptoms or a goodness of fit determination by the Practice.
I further acknowledge and understand that:
- The Facility Services and their risks, benefits, side effects, and alternatives have been explained to me;
- The Facility Services may not have the results that I expect, and I have been informed as to other possible services that may provide me a benefit;
- I have not been given any guarantees about the results of Facility Services;
- I have received a copy of my physical therapist’s contact information, including, where applicable, their name, telephone number, business address, and email address;
- I have read this entire document and am bound to its terms;
- I have truthfully provided the information requested in this document;
- I have been offered and have accepted the Practice’s Notice of Privacy Practices;
- I authorize the use of my health information for Practice’s rendering of Physical Therapy Services and Wellness Services;
- By signing this document, I authorize the Practice to contact my emergency contact if the Practice deems it appropriate;
- The Practice’s physical therapists are appropriately licensed physical therapists and have no other professional licenses; and
- The Facility Services are not medical services.
By signing below, I acknowledge that I am competent, understand this document, and have been provided material information regarding the proposed care, treatment, or interventions within the scope of Facility Services. I have been provided with the anticipated risks, benefits, side effects, and alternatives to Facility Services, and I have been offered ample time and opportunity to discuss my concerns. I further acknowledge that all my questions have been answered to my satisfaction.
Thus, I hereby provide my informed consent to receive the Facility Services as described in this document.
This document may be electronically signed. Electronic signatures on this agreement are the same as handwritten signatures for validity, enforceability, and admissibility purposes.
Client Name
Client Signature
Date
BILLING METHOD CONFIRMATION
Performance in Motion (PIM) utilizes a direct pay, “cash-based” billing model and is out-of-network with all private medical insurance companies. Each patient is ultimately responsible for payment of all services received at the time of the visit. If you plan to file claims for your Physical Therapy visits to your insurance, we highly recommend calling to verify your own “Out-of-Network Physical Therapy” benefits prior to the start of care. This will provide you with an idea of the amount of reimbursement you might expect and if any additional information is required prior to receiving services. It is your responsibility as the insured to inform us of any additional requirements (such as pre-authorization) needed prior to receiving services. Following each visit, Performance In Motion will provide you with a detailed “superbill” receipt that contains all the necessary information needed for you to submit claims to your insurance. Please note that we are NOT Medicare providers at this time and no services provided by Performance in Motion should be submitted to Medicare for reimbursement.
By my signature below, I certify that I have read, understand, and agree with the terms of this “Billing Method Confirmation”:
Patient or Parent/Legal Guardian Name:
Signature (Guardians signature if minor):
Date:
PREFERRED PAYMENT OPTION
Payment in full will be required at the time of each visit. Each patient is REQUIRED to have a credit card number on file regardless of method of payment. This card may be used for the following:
- Medical- In the event of emergency and medical services.
- Balances Due- ANY EXISTING BALANCE THAT HAS NOT BEEN PAID WILL AUTOMATICALLY BE CHARGED TO YOUR CREDIT CARD AFTER EACH MONTH (with a receipt to follow).
*My preferred method of payment is:
Please charge my credit card on file automatically at the time of each visit. Automatic credit card charges will be processed 1-7 days following each visit with receipt to follow via email.
I prefer to pay with cash or check at the time of visit with receipt to follow via email.
Worker's Compensation case
Other:
By my signature below, I certify that I have read, understand, and agree with the terms of this payment and credit card information:
Patient or Parent/Legal Guardian Name:
Signature (Guardians signature if minor):
Date:
CANCELLATION POLICY
At Performance in Motion we are committed to providing the highest quality of personalized patient care through an intimate, low patient volume model. Because of this, we recognize that each patient appointment slot is of the utmost value to both us and our patients. We therefore take patient cancellations very seriously as when a patient cancels without giving enough notice, they prevent another patient from being seen.
Please contact us by phone at (312) 877-5767 or by email at support@teampim.com by 2:00PM on the day prior of your scheduled appointment to notify us of any changes or cancellations. To cancel a Monday appointment, please call our office by 2:00PM on the prior Friday. If prior notification is not given,you will be charged a flat cancellation fee of $150. Please note that this cannot be paid through your private health insurance, Health Savings or Flexible Savings accounts.
I acknowledge that I have received and understand the Cancellation Policy and agree to its terms.
Patient or Parent/Legal Guardian Name:
Signature (Guardians signature if minor):
Date: