Hi everyone,
I recently signed a waiver of liability related to my orthodontic treatment, which unfortunately went very wrong. As part of that agreement, I was offered a partial refund in exchange for not posting a Google review or filing a complaint with the state dental board.
However, I now feel that the provider should be held accountable to prevent this from happening to future patients. I also believe I deserve a full refund. I contacted the Texas State Board of Dental Examiners, and they informed me that if they find the provider at fault, they can pursue the remainder of the refund regardless of the waiver I signed.
I’m from in Texas and would appreciate any guidance on whether I can still file a board complaint and write a review under these circumstances.
Redacted & Cleaned-Up Release Text:
Release and Waiver of Liability
This Release and Waiver of Liability (“Release”) is entered into on this ___ day of _________, 20, by and between:
Releasor: (the “Patient”),
and
Releasee: The orthodontic provider, including their agents, employees, professional corporation, insurers, successors, and assigns (collectively, the “Provider”).
In consideration of the sum of $4,500, the sufficiency of which is hereby acknowledged, the Releasor, being of lawful age, does hereby release and forever discharge the Provider and all aforementioned parties from any and all actions, causes of action, claims, demands, damages, or losses, known or unknown, resulting from or related to orthodontic treatment, diagnosis, services, or advice provided during the period from __ day of _________, 20 to __ day of __________, 20.
This Release is intended to serve as a complete and full waiver of all claims, whether known or unknown, present or future, by the Releasor or anyone acting on their behalf, including but not limited to complaints to regulatory agencies such as the Texas State Board of Dental Examiners or other governing bodies.
This Release is the result of a disputed claim and is not an admission of liability by the Provider, who expressly denies any wrongdoing.
The Releasor affirms there are no outstanding liens or third-party claims to the consideration received and agrees to indemnify and hold harmless the Provider from any such claims.
The Releasor further agrees that the terms of this Release and any information relating to the treatment will remain confidential. The Releasor agrees not to share this information publicly, including via online reviews, blogs, internet forums, or social media, without written consent from the Provider or a court order.
Additionally, the Releasor agrees to delete any existing online content, posts, or reviews related to the treatment in question and not to publish or cause to be published any future negative or disparaging statements about the Provider in public or private forums, including but not limited to Yelp, Google, Reddit, and social media platforms.
This document contains the full and final agreement between the parties. No verbal promises or statements not included herein shall have any legal effect. The Releasor acknowledges they have read, understood, and voluntarily agreed to the terms of this Release.
IN WITNESS WHEREOF, the parties have executed this Release as of the date written below.
Location: Texas