WHEREAS Labtician Ophthalmics, Inc. and/or Labtician Théa (“Labtician/Labtician Théa”) manufacturers, sells and/or distributes various products;
AND WHEREAS the undersigned Physician/Patient (the “Physician/Patient”) uses one or more products or devices distributed by Labtician/Labtician Théa, has been requested to provide a testimonial by Labtician/Labtician Théa, and has provided a testimonial (the “Testimonial”) in one of the following formats as indicated in the consent form:
- By video
- In writing
AND WHEREAS the Physician/Patient is herein providing Labtician/Labtician Théa with consent to use and reproduce the Testimonial in the manner hereinafter specified;
NOW THEREFORE in consideration of the mutual covenants of the parties herein contained, Labtician/Labtician Théa and the Physician/Patient have agreed as follows:
1. The Physician/Patient herein provides Labtician/Labtician Théa with consent to use and reproduce the Testimonial in the format in which it was given, for any valid marketing or educational purposes that Labtician/Labtician Théa may see fit.
2. The consent herein shall be limited to Labtician/Labtician Théa using and reproducing the Testimonial in one of the following manners as indicated in the consent form:
- On a completely anonymous basis
- Using only the Physician/Patient’s initials
- Using the Physician/Patient’s first name only
- Using the Physician/Patient’s full name
3. The Physician/Patient may revoke the consent herein given, at any time by providing Labtician/Labtician Théa with a minimum of thirty (30) days’ written notice thereof, in which event Labtician/Labtician Théa shall forthwith cease to use and reproduce the Testimonial after the expiry of the notice period.
4. The Physician/Patient acknowledges that there is no monetary consideration flowing from Labtician/Labtician Théa to the Physician/Patient for providing the Testimonial, and herein waives:
(a) Any right to claim payment or royalties from Labtician/Labtician Théa for using the Testimonial; and
(b) Any claim for copyright infringement in respect of the publication and inclusion of the Testimonial in the manner herein specified and authorized.