Terms & Conditions

1. Provision of Occupational Therapy Services and Custom Orthoses

Splintech agrees to evaluate the Patient and, when clinically indicated, to fabricate and provide one or more custom therapeutic orthoses ("Splints") as part of occupational therapy treatment. Each Splint is created using 3-D printing methods based on clinical measurements, impressions, or digital scans taken during the course of OT evaluation or treatment. All Splints are designed solely for the personal therapeutic use of the Patient and may not be resold, transferred, shared, or modified without Splintech's prior written consent.

2. Payment Terms

All pricing, deposits, and payment schedules are set forth in Schedule A. Unless otherwise specified in Schedule A, fifty percent (50%) of the total cost of treatment and Splint fabrication is due at the time of the initial occupational therapy evaluation, and the remaining balance is due at the time of Splint delivery.

If full payment is not received when due, Splintech will provide a grace period of sixty (60) days for late payments. After that period, unpaid balances will accrue interest at three percent (3%) per annum, or the maximum rate permitted by law. Reasonable collection costs, including attorneys' fees, may be charged only if collection is necessary and lawful under current New Jersey rules governing medical debt.

3. Clinical Limitations and Disclaimers

Splintech provides occupational therapy services only. All treatments and services are provided by a licensed Occupational Therapist. Treatment, including fabrication of a custom orthosis, is provided within the professional scope of OT practice under New Jersey law. Splintech does not diagnose medical conditions, prescribe medical treatment, or provide emergency medical care.

All fabrication and fitting of custom therapeutic orthoses shall be conducted in accordance with applicable prescription and facility requirements under N.J.A.C. 10:55−1.6(a) and N.J.A.C. 13:44K−5.2. When a physician's or advanced practice nurse's order is required for an orthotic appliance, Splintech shall obtain a duly signed and dated prescription prior to fabrication or modification.

The Patient understands and acknowledges:

• A Splint is a custom therapeutic device, not a mass-produced medical product.
• Orthoses may cause temporary discomfort, skin irritation, pressure marks, or require adjustments.
• Clinical outcomes vary and depend on anatomy, compliance, healing, swelling, and other factors.
• All decisions regarding medical care remain the responsibility of the Patient and their licensed healthcare providers.
• Splintech makes no representation that a Splint will relieve pain, prevent injury, or achieve a particular therapeutic outcome.

The Patient is solely responsible for following all instructions regarding wearing schedule, care, precautions, and home exercise recommendations.

4. No Warranties

EXCEPT AS EXPRESSLY PROVIDED IN WRITING AND SIGNED BY SPLINTECH LLC, SPLINTECH LLC MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED. THIS INCLUDES ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DURABILITY, OR ANY ASSURANCE OF CLINICAL OUTCOME.

ALL SPLINTS ARE PROVIDED AS PART OF OCCUPATIONAL THERAPY TREATMENT ON AN "AS-IS" AND "AT THE PATIENT'S SOLE RISK" BASIS. NO STATEMENT, DESCRIPTION, EXAMPLE, DEMONSTRATION, OR OTHER COMMUNICATION MADE BY SPLINTECH OR ITS PERSONNEL SHALL BE CONSTRUED AS A WARRANTY OR GUARANTEE.

THE PATIENT ACKNOWLEDGES THAT SPLINTECH DOES NOT WARRANT OR GUARANTEE ANY PARTICULAR RESULT, INCLUDING FIT, COMFORT, EFFECTIVENESS, OR FUNCTIONAL IMPROVEMENT.

5. Waiver and Release of Liability

To the fullest extent permitted by New Jersey law, the Patient releases and discharges Splintech, its members, employees, and agents from any and all claims for ordinary negligence arising out of occupational therapy treatment or the use of a Splint provided under this Agreement. This release does not extend to claims for gross negligence, willful misconduct, or violations of statutory or professional duties. The Patient acknowledges and voluntarily assumes all ordinary risks associated with occupational therapy treatment and custom orthoses.

6. Indemnification

To the fullest extent permitted by law, the Patient shall indemnify and hold harmless Splintech LLC, its members, officers, employees, and affiliates, from any and all claims, demands, actions, or losses arising out of the Patient's misuse, unauthorized modification, resale, or transfer of a Splint. This indemnification does not extend to claims caused in whole or in part by Splintech's own negligence, gross negligence, or intentional misconduct. The indemnifying obligations stated herein survive the termination or expiration of this Agreement. Splintech shall also be entitled to recover all reasonable attorneys' fees, expert fees, and costs incurred in enforcing this Section or defending any matter subject to indemnification.

This obligation survives the termination or expiration of this Agreement.

7. Return and Remake Policy

The Patient understands and acknowledges that splints are custom products, and all sales are final. Splintech does not provide refunds.

If the Patient is dissatisfied with a splint, the Patient must notify Splintech in writing within one (1) week of receipt. Splintech may, in its discretion, offer a one-time remake of the splint at no additional charge if the Patient returns the original product. Any further remakes or modifications will be subject to additional charges as specified by Splintech.

8. In-Home Environment and Safety Requirements

The Patient understands and agrees that if the occupational therapy services are provided at the Patient's premises, the Patient is solely responsible for ensuring that the treatment area is safe, clean, and free from hazards, including but not limited to loose rugs, obstructed walkways, inadequate lighting, unsanitary conditions, aggressive animals, smoke, or other environmental dangers. Splintech may refuse or discontinue treatment if, in its professional judgment, the environment is unsafe or interferes with the delivery of care. The Patient acknowledges that Splintech shall have no liability for injuries, delays, or interruptions in treatment caused by unsafe or unsuitable conditions at the Patient's location.

9. Consent to Photography, Measurement, and Digital Scanning

Certain occupational therapy procedures, including the fabrication and fitting of custom orthoses, may require photographs, videos, digital measurements, or three-dimensional scans of the affected area for documentation, fabrication, or clinical evaluation. By signing this Agreement, the Patient consents to the capture, storage, and use of such images and data solely for treatment, recordkeeping, and clinical operations. All images and digital files will be maintained in accordance with applicable privacy laws. The Patient may not revoke this consent with respect to materials already collected or used in connection with treatment or orthosis fabrication.

10. Right to Terminate Treatment

Splintech reserves the right to suspend or terminate occupational therapy services at any time if: (a) the Patient fails to comply with treatment instructions; (b) the Patient fails to provide a safe environment for in-home services; (c) the Patient engages in abusive, threatening, or inappropriate conduct; (d) the Patient fails to pay amounts when due; or (e) continued treatment is no longer clinically indicated in the professional judgment of Splintech. Upon termination, Splintech shall have no obligation to provide additional treatment, adjustments, or follow-up services unless required by law or professional standards.

11. Emergency Medical Disclaimer

The Patient acknowledges that Splintech does not provide emergency medical services. Occupational therapy treatment and custom orthosis fabrication are not substitutes for urgent or emergent medical evaluation. If the Patient experiences severe pain, loss of sensation, sudden swelling, discoloration, difficulty breathing, or any other concerning symptom, the Patient agrees to immediately discontinue use of the Splint and seek emergency medical attention or contact a licensed physician. Splintech shall have no liability arising from the Patient's failure to seek timely medical care.

12. Additional Patient Responsibilities

In addition to other obligations under this Agreement, the Patient agrees to:

• Provide accurate and complete medical history and disclose all relevant conditions, allergies, medications, and prior injuries;
• Follow all written and verbal instructions regarding use, wear time, care, and precautions related to the Splint;
• Attend scheduled appointments on time and provide reasonable notice of cancellations;
• Refrain from modifying or adjusting the Splint without authorization;
• Notify Splintech promptly of any discomfort, adverse reaction, or functional problem; and
• Use the Splint only for the therapeutic purposes for which it was provided.

Failure to follow these responsibilities increases risks and may limit therapeutic benefit.

13. Force Majeure

Splintech shall not be responsible for any failure or delay in providing treatment, fabrication, or delivery of custom therapeutic orthoses due to causes beyond its reasonable control, including but not limited to shortages of materials, manufacturing delays, power outages, or transportation disruptions.

14. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. Any dispute arising under this Agreement shall be resolved exclusively in the Superior Court of New Jersey, Bergen County, or the United States District Court for the District of New Jersey.

The Parties understand and expressly agree that by signing this Agreement, they are waiving the right to have any dispute decided by a jury. All claims shall be heard by a judge sitting without a jury. Each Party acknowledges that this waiver of jury trial is made knowingly and voluntarily.

The Parties further waive any right to bring or participate in a class or representative action. All claims shall be brought in an individual capacity only.

15. Miscellaneous

The Patient may not assign, delegate, or transfer this Agreement, in whole or in part, without the prior written consent of Splintech. Any attempted assignment without such consent shall be null and void. Splintech may assign this Agreement, without the Patient's consent, to any successor entity, purchaser of its assets, or affiliated company.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to make it enforceable while preserving the Parties' original intent.

No waiver of any term or condition of this Agreement shall be effective unless in writing and signed by the Party to be bound, and no such waiver shall be construed as a waiver of any future breach of the same or any other term.

The Parties agree that this Agreement shall not be construed against Splintech as the drafter.

This Agreement may be executed in counterparts, each of which shall be deemed an original, and signatures delivered electronically or by scanned copy shall be deemed binding for all purposes.

The provisions of this Agreement that by their nature should survive termination or expiration, including without limitation those relating to confidentiality, indemnification, limitation of liability, no warranties, and dispute resolution, shall survive and remain in effect.

16. Entire Agreement

This Agreement, together with Schedule A attached hereto, constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous negotiations, discussions, representations, or agreements, whether written or oral. The Patient acknowledges that it is not relying on any statement, promise, or assurance not expressly set forth in this Agreement or in a written amendment signed by both Parties.

No amendment, modification, or supplement to this Agreement shall be binding unless in writing and signed by both Parties. No oral statement or course of conduct shall be deemed to amend this Agreement.