This ENROLLMENT AGREEMENT (this “Agreement”) is made and entered into as of today (the “Effective Date”) by and between Nagy Orthodontic Academy, LLC (“Program”), and Student/Course Enrolled (“Doctor”).
WHEREAS, the Program offers continuing education and training in the field of orthodontics and dentofacial orthopedics (“Course”);
WHEREAS, the Doctor is a duly licensed practitioner of dental medicine in the state in which Doctor practices;
WHEREAS, the Doctor wishes to enroll in the Program to further Doctor’s education and training in the field of orthodontics and dentofacial orthopedics (“Orthodontics”) on the terms and conditions herein provided;
WHEREAS, the parties desire to avoid any misunderstanding as to our billing and collection practices
NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants of the parties contained herein, the parties agree as follows:
- I. Program Fee Terms.
- 1.1 For Tuition see each individual courses NOA 300-NOA 312, both live and online course: https://nagyorthodonticacademy.com/orthodontic-mini-residency/
- 1.2 Deposit: None
- 1.3 Discount None
- II. Responsibility and refunds
- 2.1. Schedule. The Doctor acknowledges and accepts the Course schedule as communicated to Doctor and agrees it is Doctor’s responsibility to attend each session as set forth in the syllabus and Course materials. Doctor acknowledges and agrees that should Doctor be unable to attend any specific live session or makes the decision to terminate Course participation, no refunds of any kind for any Tuition paid will be refunded under any circumstances. Due to the nature of the Course, the Program is unable to accommodate makeup classes. Notwithstanding the foregoing, the Program will provide the Doctor Course notes and other class materials, but it is wholly the Doctor’s responsibility to learn the material and take any applicable exam administered taught during any missed Course session. If the Course is cancelled or discontinued for any reason, Doctor agrees and acknowledges Tuition will not be refunded for sessions previously conducted.
- 2.2. Certificate of Completion. To receive a certificate evidencing Doctor’s participation and successful completion of the Course (“Certificate of Completion”), the Doctor must have completed all online and all live live sessions, all Course assignments, achieved satisfactory scores on exams as determined by the Program, maintain a valid license to practice dentistry in the state in which Doctor practices, and all tuition must have been paid, ie your account must have a zero balance. Under no circumstances will a Doctor be awarded a Certificate of Completion if the Doctor fails to all live and online Course sessions.
- 2.3 Cancellations. The Program reserves the right to cancel any individual session for any reason. In the unlikely and unfortunate event the instructor must cancel any session the Program will make its best effort to reschedule the session at a suitable future date and make all reasonable accommodation to conduct the rescheduled session in a manner that allows students to attend this session remotely, i.e. via webinar.
- 2.4 Termination. The Program reserves the right to terminate the Course for any reason. Doctor acknowledges and agrees that Tuition paid for sessions conducted will not be refunded in the event the Course is terminated. In the event Program terminates the Course, Doctor will not be responsible for any Tuition that remains outstanding as of the date of termination.
- 2.5. Disruptive Behavior. The Program is committed to maintaining a professional, collegial, and safe learning environment for all Course participants. Disruptive behavior includes, but is not limited to, behavior which the Program, in its sole discretion, determines is disrespectful, illegal, threatening, constitutes harassment, or otherwise interferes with the learning environment or impedes the Program’s ability to teach the Course. Such behavior will be addressed on a case by case basis and may result in discharge from the Course.
- 2.6 Hold Harmless and Indemnification. Doctor will indemnify, defend and hold harmless the Program and its owner(s), directors, employees, contractors, and officers from and against any and all losses, damages, claims, obligations, liabilities, penalties, fines, costs, fees and expenses (including reasonable attorneys’ fees and expenses) (collectively, “Damages”), sustained or incurred by Provider or its owner(s), directors or officers arising out of or in connection with any breach of this Agreement and any breach of any covenant, representation, or warranty contained within this Agreement, by Doctor.
- III. Miscellaneous
- 3.1 Confidentiality. The Program has gone to considerable lengths to prepare and develop this Course. During the Course, the Program will disclose and make available to Doctor its confidential intellectual property and trade secrets which include information, notes, materials, presentations, and other sensitive and proprietary information it has developed for the Course (“Confidential Information”). The Confidential Information may be distributed orally or in written, electronic, or other form or media. For avoidance of doubt, the Program considers any and all materials provided to Doctor during the Course to be Confidential Information whether or not such material is expressly identified as such. The Doctor shall protect and safeguard the confidentiality of the Program’s Confidential Information and not permit it to be accessed or used for any purpose other than for Doctor to complete the Course and Doctor’s education. Doctor further agrees not to disclose any Confidential Information to any person or entity or reproduce the Confidential Information in any manner for any reason. In addition to all other remedies available at law, the Program may seek equitable relief against the Doctor to prevent the breach or threatened breach of this section and to secure its enforcement. No Confidential Information may be reproduced without the express written consent of the Program.
- 3.2 Choice of Law. This Agreement and all related documents, including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Ohio. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be brought in the Common Pleas Court located in Delaware County, Ohio.
- 3.3 Education Only. In accordance with the American Dental Association Continuing Education Recognition Program Standards, the Doctor understands and acknowledges the potential risks involved inherent to incorporating Orthodontic techniques and procedures into the Doctor’s clinical practice prior to obtaining the requisite education, training, and clinical experience necessary to achieve competence. Consistent therewith, the Program strongly recommends that Doctor and any Course participant abstain from practicing Orthodontics until such time as a Certificate of Completion is awarded. Nothing in the Course is intended to create a doctor patient relationship between the Program, its instructors, owners, employees, agents, or contractors. In its treatment of any patient, Doctor is expected to rely on the Doctor’s own education, training, and experience and treat all patients in accordance with prevailing standards of care. The information contained in the Course materials and discussions that are a part of the Course are for educational and informational purposes only. Course instructors will necessary draw on their own education, training, and experience to educate students throughout the Course. Notwithstanding the foregoing, no discussion or information is designed to advise Doctor or any student with respect to treating a specific patient.