WHEREAS, the Company is engaged in the general practice of physical therapy, related healthcare and the provision of administrative services related thereto; and
WHEREAS, there is a global pandemic related to Coronavirus and the disease known as COVID-19 (“COVID-19” and/or “Pandemic”) that particularly affects the health and well-being of healthcare workers.
WHEREAS, knowing and understanding the risks presented by the COVID-19 Pandemic, the Student desires to participate in an internship by the Company on the terms and conditions hereinafter set forth.
WHEREAS, the Company desires to provide an internship to the Student and the Student desires to participate in an internship offered by the Company on the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and covenants herein contained, the parties hereto agree as follows:
1. DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth below:
(a) “Company” shall include the New Jersey Center of Physical Therapy, PC.; Montville Physical Therapy, PC; Wayne Orthopedic Physical Therapy, PC; Paramus Orthopedic Physical Therapy, PC; and all current and future Affiliates and Subsidiaries of said corporations.
(b) “Affiliate” shall mean a company or corporation which, directly or indirectly, (i) controls, is controlled by or is under common control with another company or corporation, and/or (ii) is owned or controlled by Dr. Benjamin Burton.
(c) “Subsidiary” shall mean a company or corporation of which more than 50% is owned, directly or indirectly, by a different company or corporation.
2. INTERNSHIP. The Student desires to participate in an internship with the Company during the period of the COVID-19 Pandemic to the extent possible and in accordance with all local, state, and federal directives. The Student acknowledges and agrees that the Company has explained the risks associated with participating in an internship during this period of time. With knowledge of the risks presented by the COVID-19 Pandemic, Student has voluntarily elected of his/her own free will to continue to actively participate in the internship with the Company during the Pandemic.
3. COVENANT NOT TO SUE; HOLD HARMLESS.
(a) The Student, and on behalf of his/her heirs, executors, administrators, successors, hereby covenants and agrees not to sue, and to hold harmless, the Company, the Affiliate(s), the Subsidiary, Managers, Leadership Team Members, and/or Dr. Benjamin Burton, individually, for, from and against any claims, damages or injuries relating to any illness, injury and/or other health issue of any kind or type that arises from or is related in any way to the COVID-19 Pandemic.
(b) The Student acknowledges and agrees that his/her recourse for any illness, injury and/or other health issue of any kind or type that arises from or is related in any way to the COVID-19 Pandemic shall be limited to personal or school health and Student benefits provided by law.
4. Company DUTIES. The Company shall use its best efforts to comply with all federal, state and local laws, rules, and regulations governing the operation of the workplace during the Pandemic.
5. GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Jersey.
6. BENEFIT. This Agreement shall be binding upon and shall inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors, and assigns.
7. MODIFICATION. This Agreement may not be modified, amended, or supplemented at any time unless by a writing executed by the parties hereto.
8. CONFIDENTIAL AGREEMENT. Student agrees not to disclose, or cause to be disclosed, the terms or existence of this Agreement, except to your immediate family members, accountant, tax advisor, and attorney, and then only if they expressly agree to keep it in strict confidence unless otherwise compelled by law.
9. ENTIRE AGREEMENT/MISCELLANEOUS. This Agreement constitutes the entire understanding among the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, written or oral, with respect to such subject matter. If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, this determination shall in no way affect the validity, legality or enforceability of any other provision of this Agreement. This Agreement is not intended to alter, modify, amend, or otherwise affect the terms, conditions, obligations, covenants, or agreements contained in any prior confidentiality, non-disclosure, trade secret, non-competition, non-solicitation agreement or the Company Handbook, all of which continue in full force and effect.
N WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
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