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This Agreement describes the relative risks to the Telebehavioral Health Institute and You, the Learner.
In recognition of the relative risks and benefits of the TBHI Training to you, the Learner, the risks have been allocated such that you agree, to the fullest extent permitted by law, to limit the liability of TBHI and TBHI’s officers, directors, partners, employees, shareholders, owners and subconsultants for any and all claims, losses, costs, damages of any nature whatsoever whether arising from breach of contract, negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs, so that the total aggregate liability of the TBHI and TBHI’s officers, directors, partners, employees, shareholders, owners and subconsultants shall not exceed TBHI’s total fee for services rendered in your TBHI training, whether in this telehealth.org digital training Center or for any in-person training, webinar or other version of training offered by TBHI in other contexts. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. If the Learner does not wish to limit professional liability to this sum, if the TBHI agrees to waive this limitation upon receiving Learner written request, and Learner agrees to pay additional consideration of $300 or 50 percent of the total fees collected so that additional limits of liability may be made a part of this Agreement.
Limitations on liability, waivers and indemnities in this Agreement are business understandings between the parties and shall apply to all legal theories of recovery, including breach of contract or warranty, breach of fiduciary duty, tort (including negligence), strict or statutory liability, or any other cause of action, provided that these limitations on liability, waivers and indemnities will not apply to any losses or damages that may be found by a trier of fact to have been caused by the TBHI’s gross negligence or willful misconduct.
The parties also agree that the Learner will not seek damages in excess of the contractually agreed-upon limitations directly or indirectly through suits against other parties who may join the TBHI as a third-party defendant. “Parties” means the Learner and the TBHI, and their officers, directors, partners, employees, subcontractors and subconsultants.
Nothing contained in this section shall prevent a party from negotiating and expressly agreeing with respect to the allocation, release, liquidation, exclusion, or limitation as between the parties of any liability (a) for technological issues defects, or (b) of the content of the TBHI training, repercussions of participating or not participating it any TBHI discussion area in social media or at the telehealth.org website, downloads, or the accuracy or sufficiency of any TBHI training to address the specific needs of the Learner.