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How Can Medspas Reduce Laser Safety Liability?

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A standardized Laser Safety Officer program can reduce preventable exposure risk by assigning accountability, documenting hazard controls, training operators, and enforcing wavelength-specific protective measures. For medspas, the program should align each treatment room, laser class, device configuration, and clinical SOP with applicable state requirements, OSHA expectations, manufacturer instructions, and ANSI Z136.3 guidance. It does not eliminate liability, but it creates a defensible, repeatable safety system.

What Does a Medspa Laser Safety Officer Actually Manage?

A medspa Laser Safety Officer manages the facility’s laser safety program, including hazard assessment, controlled-area procedures, staff authorization, protective eyewear, warning systems, training records, incident response, and periodic review. The LSO may not be the treating clinician, but must have sufficient authority, knowledge, and access to enforce safety requirements.

The LSO’s responsibilities should be written into a formal appointment letter or policy. A job title alone is not enough. The document should identify:

  • The individual responsible for the program.

  • The devices, rooms, wavelengths, and laser classes covered.

  • Authority to stop unsafe operation.

  • Responsibility for staff training verification.

  • Responsibility for inspecting protective equipment.

  • Escalation procedures for equipment faults or incidents.

  • Required review frequency.

  • Backup or Deputy LSO coverage for absences and multi-site networks.

ANSI Z136.3 is a voluntary consensus standard rather than a federal statute, and state requirements vary. However, it provides a widely recognized framework for safe use of medical lasers in healthcare settings, including engineering controls, administrative controls, training, hazard evaluation, and protective equipment.

The LSO should coordinate with the medical director, practice manager, biomedical or service provider, and treating staff. In a franchise network, one corporate LSO may establish the system, but each clinic should have a designated local safety contact who can manage room-level controls and report deviations.

The role becomes especially important when a clinic operates several platforms, such as a 1064 nm Nd:YAG system, an alexandrite platform, an intense pulsed light device, or a fractional resurfacing laser. Different wavelengths and delivery modes require different protective eyewear, treatment-room controls, and SOP details.

How Should ANSI Z136.3 Guide a Clinical Laser Safety Program?

ANSI Z136.3 should be used as the organizing framework for a written medical laser safety program, not as a substitute for local law, manufacturer instructions, or clinical judgment. It addresses laser hazard controls, training, personnel responsibilities, controlled areas, protective equipment, and response procedures for healthcare environments.

A practical program should use the hierarchy of controls:

  • Engineering controls: key switches, emergency-stop controls, protective housings, interlocks, shutters, beam stops, and compatible room design.

  • Administrative controls: written SOPs, restricted access, authorized-user lists, treatment checklists, maintenance logs, and incident reporting.

  • Personal protective equipment: wavelength- and optical-density-appropriate eyewear, patient eye protection, protective clothing, and other specified barriers.

The LSO should maintain a laser inventory that records each device’s manufacturer, model, serial number, class, wavelength range, maximum output, handpieces, accessories, room assignment, and service status. The inventory should be updated whenever a device is purchased, relocated, loaned, modified, or retired.

The controlled area should be defined for each room and use case. A treatment room may require warning signs, access restrictions, closed doors, window controls, appropriate surfaces, and procedures for people entering during operation. A sign should identify the hazard accurately and should not remain active in a way that creates confusion when the laser is not in use.

The program should also address non-beam hazards. These may include electrical risks, fire risk, plume or smoke, compressed gases, cooling systems, chemicals, ergonomic exposure, and hazards created during cleaning or service. The relevant SOP should describe ventilation, fire-response equipment, evacuation, and who may perform maintenance.

A standardized framework is useful because it prevents each clinic from interpreting laser safety independently. It also gives a procurement manager clear requirements when evaluating a new or CPO device.

Which Training Should Medspa Laser Operators and LSOs Complete?

Laser operators should complete training appropriate to their role, device, wavelength, treatment category, and jurisdiction, while the LSO should receive broader instruction in hazard evaluation, controls, protective equipment, documentation, and program administration. A generic online certificate may not satisfy every employer, state, device, or insurer requirement.

Training should be divided into at least three layers:

  • Laser safety fundamentals: laser classes, biological hazards, reflection and scattering, ocular and tissue risk, warning systems, controlled areas, and emergency procedures.

  • Device-specific operation: manufacturer controls, indications, contraindications, settings, accessories, cooling systems, error states, cleaning, and shutdown.

  • Role-specific clinical competency: treatment protocols, patient assessment, test spots where applicable, plume management, documentation, and recognition of adverse events.

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The LSO needs enough technical understanding to identify unsafe conditions, but does not automatically become authorized to perform every procedure. Conversely, a clinician trained on a device is not automatically qualified to administer the facility’s complete safety program.

Training records should include the course or instructor, date, content, device covered, practical evaluation, trainer qualifications, and expiration or refresher requirement. The clinic should document orientation before independent use and retraining after a major device change, serious incident, extended absence, or observed deviation.

ALLWILL can help procurement teams include device-specific education, installation support, and operator training in a capital-equipment request rather than treating them as optional extras. Buyers should confirm in writing whether training covers laser safety, clinical operation, troubleshooting, and competency verification, because those are different deliverables.

Request a quote from ALLWILL for current device availability with documented training, installation, warranty, and safety-support requirements included in the sourcing discussion.

What Clinical SOPs Prevent Ocular and Tissue Injury?

Effective clinical SOPs prevent injury by converting safety principles into specific actions before, during, and after treatment. Each SOP should identify the authorized operator, device configuration, patient-screening requirements, eye-protection method, room controls, treatment parameters, emergency response, and documentation required for that procedure.

A medspa SOP should not rely on a manufacturer’s manual alone. The manual may describe device operation, but the clinic remains responsible for integrating the device into its actual room, staffing model, patient workflow, and local rules.

A useful procedure should address:

Before treatment

  • Confirm the operator appears on the authorized-user list.

  • Verify the correct device, handpiece, wavelength, and treatment mode.

  • Inspect the handpiece, fiber, cord, footswitch, cooling system, and emergency stop.

  • Confirm warning signs and access controls are in place.

  • Remove reflective objects and unnecessary equipment from the controlled area.

  • Select protective eyewear for the specific wavelength and expected output.

  • Confirm the eyewear is undamaged, clean, labeled, and suitable for the intended user.

  • Explain patient eye protection and confirm it is correctly positioned.

  • Review screening, consent, treatment area, and planned settings.

During treatment

  • Keep the treatment room controlled and restrict unnecessary entry.

  • Maintain communication between operator and patient.

  • Use the prescribed aiming, cooling, plume, and contact procedures.

  • Do not defeat interlocks, bypass warning systems, or improvise protective equipment.

  • Stop operation if the device behaves unexpectedly, the patient reports unusual pain, or eye protection shifts.

  • Maintain a clear path to the emergency stop and exits.

After treatment

  • Return the device to its prescribed standby or shutdown state.

  • Remove or deactivate warning signage according to facility procedure.

  • Inspect and store protective eyewear.

  • Clean the device and accessories according to manufacturer instructions.

  • Record the device, settings, operator, treatment area, and any unusual event.

  • Report suspected injury, equipment malfunction, or near miss to the LSO and medical director.

For smoke-generating procedures, the SOP should specify plume evacuation and respiratory protection practices based on the procedure and risk assessment. It should also explain when treatment must stop and who must be contacted.

How Does Standardization Improve Multi-Site Laser Operations?

Standardization improves multi-site operations by making safety expectations portable between clinics, reducing training variation, simplifying audits, and allowing corporate leaders to compare incidents, maintenance, and corrective actions across locations. It also helps a franchise network deploy devices without allowing each site to create incompatible controls.

Standardization should focus on the process, not merely on identical equipment. A network may have different laser platforms across regions, but every site can use common templates for:

  • LSO appointment and backup coverage.

  • Device inventory and room assignment.

  • Training and authorization records.

  • Daily room-readiness checks.

  • Protective-eyewear inspection.

  • Preventive-maintenance tracking.

  • Incident and near-miss reporting.

  • Annual program review.

  • Equipment transfer and acceptance.

  • Corrective-action closure.

The corporate team can establish mandatory minimums, while the local LSO adds device- and state-specific requirements. This approach avoids a common failure: copying one clinic’s SOP to another site without checking wavelength, room layout, provider scope, or equipment configuration.

A standardized program may also reduce operational disruption. When a provider transfers between locations, the network can recognize common safety training while still requiring orientation on the specific local devices. When a new device arrives, procurement can trigger a predefined safety-readiness workflow before the first patient appointment is scheduled.

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ALLWILL’s Smart Center and expert-matching services can support this type of operational planning by helping a clinic connect equipment sourcing with training, service, documentation, and post-sale support. The clinic remains responsible for its own legal and clinical obligations, but a complete sourcing record makes those obligations easier to manage.

Which Laser Safety Governance Framework Should a Medspa Implement?

A practical laser safety governance framework should connect responsibility, device risk, room controls, staff authorization, maintenance, and evidence of review. The framework below can be used before commissioning a device, during annual review, after an incident, or when a franchise location adds a new wavelength or treatment platform.

Governance area Minimum control Evidence to retain Owner
Accountability Appoint an LSO and local backup with stop-work authority Signed appointment and responsibility statement Medical director or practice owner
Device inventory Record each laser’s model, serial number, class, wavelength, room, and status Current asset register and photographs LSO and procurement
Hazard assessment Evaluate beam, ocular, tissue, fire, plume, electrical, and room hazards Dated room and device assessment LSO or qualified safety professional
Room controls Define controlled area, access rules, signs, doors, windows, interlocks, and emergency-stop access Room diagram and inspection record Local LSO
Protective equipment Match eyewear and patient protection to wavelength, output, and procedure Eyewear specifications, inspection log, replacement records LSO
Operator authorization Verify safety, device, and role-specific clinical training Training matrix and competency records LSO and clinical educator
SOP control Approve procedures for setup, operation, shutdown, plume, emergencies, and documentation Controlled SOP versions and review dates Medical director and LSO
Maintenance Track preventive service, repairs, calibration or output checks where applicable, and safety faults Service reports and maintenance log Biomedical lead or service provider
Incident response Stop treatment, provide clinical assessment, preserve facts, notify leadership, and investigate Incident, near-miss, and corrective-action files LSO and medical director
Program review Review incidents, training gaps, equipment changes, and regulatory updates Annual review minutes and action log Corporate or site LSO

This framework is not a legal opinion or a replacement for a qualified laser-safety assessment. It is an operating control that helps management identify missing evidence before an injury, inspection, insurance inquiry, or employment dispute occurs.

How Should Medspas Protect Compliance and Equipment Assets?

Medspas should protect compliance and equipment assets by preserving a complete record from acquisition through decommissioning. The file should establish what the device is, where it may be used, who may operate it, what safety controls apply, and which supplier or service party is accountable.

Before purchasing a laser, verify:

  • Exact model, configuration, wavelength, and serial number.

  • Manufacturer documentation and intended use.

  • Applicable FDA, state, and local requirements.

  • Current serviceability and parts availability.

  • New or CPO condition and refurbishment scope.

  • Warranty coverage, exclusions, and response commitments.

  • Installation, acceptance testing, and training obligations.

  • Required protective eyewear and room accessories.

  • Software, access, cybersecurity, and update responsibilities.

  • Transfer, trade-in, resale, or relocation restrictions.

For certified pre-owned equipment, request a written inspection summary showing what was tested, repaired, replaced, calibrated, or excluded. “Refurbished” should not be accepted as a complete condition description. The buyer should also verify authenticity, ownership history where available, regulatory status, and whether the manufacturer or independent service provider will support the specific unit.

FDA requirements for medical laser products may involve both radiation-emitting product standards and medical-device regulations. The applicable obligations depend on the product, manufacturer, importer, distributor, and intended market. A clinic should not assume that a device is lawful for its intended use based only on a supplier’s statement.

ALLWILL can facilitate verified sourcing, CPO documentation, warranty review, and global support discussions, but clinic owners should obtain material representations in writing and have local counsel or a qualified regulatory professional review jurisdiction-specific obligations.

What Procurement Mistakes Increase Laser Liability?

The procurement mistakes most likely to increase laser liability are buying without a room assessment, treating training as a one-time certificate, accepting vague safety documentation, using non-matching eyewear, and purchasing a device without a service and incident-response plan. Low acquisition cost cannot compensate for missing controls or unclear accountability.

Avoid these common errors:

  • Ordering a laser before confirming electrical, ventilation, space, and access requirements.

  • Assuming the manufacturer’s manual is the clinic’s complete safety program.

  • Allowing any employee to operate the device after informal shadowing.

  • Using eyewear labeled only “laser safe” without wavelength and optical-density verification.

  • Failing to protect the patient’s eyes during facial or periorbital procedures.

  • Leaving keys, access credentials, or remote controls unsecured.

  • Disabling an interlock or continuing operation after a safety fault.

  • Failing to document near misses because no injury occurred.

  • Buying a CPO unit without a written inspection and warranty scope.

  • Moving a device between sites without updating the inventory and room assessment.

  • Allowing local marketing claims to exceed the device’s cleared or permitted use.

  • Choosing a supplier that cannot provide regional service or replacement parts.

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The strongest risk-mitigation roadmap begins before the purchase order. Add LSO appointment, safety assessment, training, room readiness, acceptance testing, and SOP completion to the equipment implementation plan. Then require a documented go-live approval before the first treatment.

ALLWILL Expert View

Laser safety is often treated as a training expense, but procurement decisions determine much of the risk profile before training begins. A device with unclear provenance, incomplete accessories, weak service support, or poorly defined room requirements can create operational pressure that encourages workarounds. The buyer should therefore evaluate safety as part of total cost and deployment readiness. Ask who will inspect the room, who will verify eyewear, who will respond to a fault, and who has authority to stop treatment. For a CPO platform, require an inspection report that identifies the tested functions, replaced components, software condition, and warranty exclusions. For a new platform, make installation, operator education, preventive maintenance, and safety documentation explicit in the quote. A responsible supplier will not promise that a device alone creates compliance. It will help the clinic identify the controls, evidence, and support needed to operate that device responsibly across its useful life.

The logical next step is to request a device-specific sourcing review that includes configuration, CPO or new condition, safety accessories, training, installation, warranty, and service coverage. Request a quote from ALLWILL for current availability and a documented implementation package aligned with your clinic’s laser safety requirements.

Frequently Asked Questions

What does an LSO do in a medspa?
A Laser Safety Officer administers the facility’s laser safety program, including hazard assessments, room controls, training records, protective eyewear, SOPs, incident reporting, and periodic review. The LSO should have authority to stop unsafe operation and should coordinate with the medical director, operators, service personnel, and practice leadership.

Is ANSI Z136.3 legally required for every medspa?
ANSI Z136.3 is a voluntary consensus standard, not a single federal law that automatically governs every medspa. State and local rules, OSHA obligations, manufacturer instructions, insurer requirements, and professional standards may also apply. Clinics should verify current jurisdiction-specific requirements with qualified regulatory or legal counsel.

How much does LSO training cost?
Published course prices vary widely by provider, format, depth, and whether the course includes medical laser safety, device-specific training, or practical assessment. Treat any advertised course price as an estimate and verify scope, instructor qualifications, renewal expectations, and state acceptance before enrollment.

What safety records should a medspa retain?
Retain the device inventory, room hazard assessment, LSO appointment, SOPs, operator training and authorization records, eyewear specifications and inspections, maintenance reports, incident and near-miss files, corrective actions, and purchase or warranty documentation. A complete record should follow the device through relocation, service, transfer, or retirement.

Can ALLWILL provide a laser safety package with a device quote?
ALLWILL can help buyers evaluate sourcing, configuration, CPO documentation, warranty, training, service, and support requirements. Confirm the exact scope in writing and obtain any jurisdiction-specific legal or regulatory review separately. Request a quote from ALLWILL for a device and implementation package tailored to your clinic.

References

  1. Laser Hazards – Standardsosha

  2. ANSI Z136.3-2024: Safe Use of Lasers in Health Careansi

  3. ANSI Z136.3 – Safe Use of Lasers in Health Carelia

  4. OSHA Technical Manual: Laser Hazardsosha

  5. Laser Products and Instrumentsfda

  6. Medical Lasersfda

  7. Preventing Eye Injuries From Light and Laser-Based Devices Used in Cosmetic Dermatologypmc.ncbi.nlm.nih

  8. Laser Safety: Risks, Hazards, and Control Measurespmc.ncbi.nlm.nih

  9. Ocular Injury in Cosmetic Laser Treatments of the Facejcadonline

  10. Medical Laser Safety Officer Traininglia

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(d) Exclusions. MRP reserves the right, without liability, to void all warranties and remedies, including any obligation to service, repair, replace or otherwise remedy defects, errors or failures of the Equipment due to the occurrence of any of these events, and MRP shall be in no way responsible for: (i) handling, maintenance or use in a manner that is inconsistent with and/or contrary to the original manufacturer’s or MRP’s recommended procedures and/or instructions, including, without limitation, use of or with an unauthorized third-party good or part; (ii) any failure or damage resulting from negligence, alteration, modification or relocation of the Equipment by Buyer, its employees, agents or representatives; (iii) attempted or actual unauthorized dismantling, disassembling, service, repair, addition or change of the Equipment, including, without limitation, changing the serial number or shot count; (iv) abnormal wear and tear, including, without limitation, use under abnormal conditions (e.g., unclean, dusty, or exposure to extreme electromagnetic radiation, temperature or humidity); or (v) damage or failure of the Equipment due to a Force Majeure Event or a problem in the premises of the Equipment. In any of the above situations, or for any Equipment that has no warranty, MRP has sole discretion to service the Equipment, at Buyer’s expense, at MRP’s then-in-effect rates for service, labor, travel, shipping and materials.

(e) Notice and Inspection. The limited warranties contained in this Section 8 are made on condition that immediate written notice of any noncompliance with the Equipment’s and/or the Service’s warranty be given to MRP, and provided that MRP’s inspection reveals that Buyer’s claim is valid under the terms of such warranty.

        9.  DISCLAIMERS; NO OTHER WARRANTY. EXCEPT TO THE EXTENT AS PROVIDED IN SECTION 8(c)(i)(D), BUYER ACKNOWLEDGES THAT MRP IS NOT BOUND BY ANY WARRANTY THAT MAY BE SET FORTH IN A MANUFACTURER’S WRITTEN MATERIALS THAT WOULD HAVE APPLIED HAD BUYER PURCHASED THE EQUIPMENT DIRECTLY FROM THE MANUFACTURER IN ITS UNUSED STATE. BUYER ACKNOWLEDGES THAT BUYER HAS NOT RELIED UPON ANY WARRANTY OTHER THAN AS SET FORTH IN THIS AGREEMENT. IN ADDITION, BUYER ALSO HEREBY ACKNOWLEDGES AND AGREES THAT ANY ORAL OR WRITTEN STATEMENTS CONCERNING USE AND REGULATION OF MEDICAL DEVICES SOLD BY MRP ARE AND SHALL BE CONSTRUED AS FOR INFORMATIONAL PURPOSES ONLY AND WITHOUT WARRANTY OR ASSURANCE BY MRP AS TO THEIR ACCURACY OR VALIDITY. MRP ALSO HEREBY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OTHER MEDICAL CARE OR HELP, INCLUDING THE SELECTION OF AESTHETIC AND MEDICAL PROCEDURES AND PRODUCTS FOR, OR CARE OF, PATIENTS. THE LIMITED WARRANTIES OF THIS AGREEMENT, IF APPLICABLE TO ANY EQUIPMENT OR SERVICE FURNISHED UNDER THIS AGREEMENT, CONSTITUTE THE ONLY WARRANTIES MADE WITH RESPECT TO THE EQUIPMENT AND/OR SERVICE AND ANY DEFECT, DEFICIENCY OR NONCONFORMITY. TO THE EXTENT PERMITTED BY LAW, SUCH WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

        10.  LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL MRP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, ARISING FROM, RELATED TO OR CAUSED, DIRECTLY OR INDIRECTLY, WHETHER FORESEEABLE OR NOT, BY THE EQUIPMENT AND/OR THE SERVICES, THE USE OR INABILITY TO USE THE EQUIPMENT, THE RESULTS GENERATED FROM THE EQUIPMENT AND/OR THE SERVICES, THIS AGREEMENT, ANY OTHER ACT OR OMISSION OF MRP, OR BASED UPON ANY OTHER LEGAL THEORY. IN NO EVENT SHALL MRP BE LIABLE FOR ANY LOSSES OF REVENUE, USE, BUSINESS OPPORTUNITY, PROFIT, SAVINGS OR ANY OTHER DAMAGES DUE TO ANY CAUSE WHATSOEVER, EVEN IF MRP OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE FOREGOING IS A SEPARATE, ESSENTIAL TERM OF THIS AGREEMENT, AND SHALL BE EFFECTIVE UPON THE FAILURE OF ANY REMEDY, EXCLUSIVE OR NOT. IN NO EVENT WILL MRP’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE ACTUALLY PAID TO MRP BY BUYER FOR THE EQUIPMENT AND/OR THE SERVICES GIVING RISE TO THE CLAIM FOR WHICH DAMAGES ARE BEING SOUGHT. NO SUIT OR ACTION MAY BE BROUGHT BY BUYER, ITS SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS FOR ANY BREACH OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. IT IS AGREED THAT MRP’S LIABILITY IS SO LIMITED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY EQUIPMENT IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY MRP, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE EQUIPMENT.

        11.  BUYER’S REPRESENTATIONS AND WARRANTIES. Buyer represents and warrants to MRP that: (a) Buyer is duly organized, validly existing, and in good standing in the jurisdiction of Buyer’s formation; (b) Buyer is duly qualified to do business and is in good standing in every jurisdiction in which such qualification is required; (c) Buyer has the full right, power, and authority to enter into this Agreement and to perform Buyer’s obligations under this Agreement; (d) the execution of this Agreement by the person whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of Buyer; (e) when executed and delivered by each of MRP and Buyer, this Agreement will constitute the legal, valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms; (f) Buyer is in compliance with all applicable laws relating to this Agreement, the Equipment and the operation of Buyer’s business; (g) Buyer is not insolvent and is paying all of its debts as they become due; and (h) all financial information that Buyer has provided to MRP is true and accurate and fairly represents Buyer’s financial condition.

        12. PROPRIETARY RIGHTS.

(a) Ownership. No sale shall be construed as granting to Buyer any license or other right in, or to, any of MRP’s (i) patents; (ii) trademarks; (iii) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, websites and URLs; (iv) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, technical data, data files, and databases and other specifications and documentation; (v) trade secrets; (vi) environmental or other testing applicable to the Equipment and/or the Services; and (vii) industrial and other intellectual property rights, and all rights, interests, and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection pursuant to the laws of any jurisdiction throughout in any part of the world (collectively, the “Intellectual Property Rights”).

(b) Prohibited Acts. Buyer shall not (i) take any action that might interfere with any of MRP’s rights in or to Intellectual Property Rights, including MRP’s ownership or exercise thereof; (ii) challenge any right, title, or interest of MRP in or to the Intellectual Property Rights; (iii) make any claim or take any action adverse to MRP’s ownership of the Intellectual Property Rights; (iv) register or apply for registrations, anywhere in the world, for MRP’s trademarks or any other trademark that is similar to MRP’s trademarks or that incorporates MRP’s trademarks in whole or in confusingly similar part; (v) use any mark, anywhere that is confusingly

similar to MRP’s trademarks in whole or in confusingly similar part; (vi) engage in any action that tends to disparage, dilute the value of or reflect negatively on the Equipment and/or the Services or any of MRP’s trademarks; (vii) misappropriate any of MRP’s trademarks for use as a domain name without prior written consent from MRP; or (viii) alter, obscure or remove any of MRP’s trademarks, or trademark or copyright notices or any other proprietary rights notices placed on the

Equipment, marketing materials or other materials that MRP may provide.

        13.  CONFIDENTIAL INFORMATION. Without the prior written consent of MRP,Buyer, directly or indirectly, shall not disclose (and will direct its directors, shareholders, employees and agents not to disclose) any Confidential Information. The term “Confidential Information” means any information of or relating to MRP or the Equipment and/or the Services not generally known to the public (other than as a result of disclosure in violation of this Agreement) in spoken, printed, electronic or any other form or medium, including, but not limited to, business processes, practices, methods, policies, plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, transactions, potential transactions, know-how, trade secrets, databases, manuals, records, supplier information, financial information, accounting information, legal information, marketing information, pricing information, payroll information, personnel information, and supplier lists.

        14.  NON-SOLICITATION. Buyer agrees not to solicit or hire any personnel of MRP involved with the delivery of the Services during the provision of such Services and for twelve (12) months after the completion of such Services; provided, however, that Buyer may hire individuals employed by MRP who, without other solicitation, respond to advertisements or solicitations aimed at the general public.

        15.  EQUITABLE REMEDIES. Buyer acknowledges and agrees that (a) a breach or threatened breach by Buyer of any of its obligations under Sections 13 or 14 would give rise to irreparable harm to MRP for which monetary damages would not be an adequate remedy and (b) in the event of a breach or a threatened breach by Buyer of any such obligations, MRP shall, in addition to any and all other rights and remedies that may be available to MRP at law, at equity, or otherwise in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction, without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy. Buyer agrees that Buyer will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in either case, consistent with the terms of this Section 15.

        16.  INDEMNIFICATION. Buyer agrees to indemnify, defend and hold harmless MRP and its directors, shareholders, employees and agents (collectively, “MRP Indemnitees”) against any liability, damage, loss or expense incurred by or imposed in connection with any claims, suits, actions, demands or judgments arising out of (a) any breach or non-fulfillment of any representation, warranty or covenant set forth in this Agreement by Buyer or its directors, managers, employees or agents (collectively, “Buyer’s Agents”); (b) any negligent act or omission or willful misconduct of Buyer or Buyer’s Agents in connection with this Agreement; (c) any bodily injury, death of any person or damage to real or tangible personal property caused by Buyer or Buyer’s Agents, including the use of unauthorized parts in or service of the Equipment; (d) any failure by Buyer or Buyer’s Agents to comply with any applicable laws; (e) any fraud or other intentional acts by Buyer or Buyer’s Agents; and (f) the use or operation of the Equipment, including, without limitation, any medical and/or surgical procedures performed by Buyer, and any of Buyer’s Agents, using the Equipment unless said damages are determined by a court of competence jurisdiction to be solely by the gross negligence of MRP or solely as result of a breach by MRP of the limited warranties contained herein.

        17.  DEFAULTS; REMEDIES. Notwithstanding anything herein to the contrary, should Buyer fail to pay for the order or any other amount, in whole or in part, when due or perform its other obligations under this Agreement or as otherwise mutually agreed in writing between Buyer and MRP (each, a “Default”), then MRP may take any and all actions available under law or equity to collect said amounts with a ten (10) day prior written notice, including, but not limited to, enforcing its security interest, accelerating the payment of and declaring immediately due and payable any unpaid balance of the order, referral to outside collection agencies and/or commencement of legal action. MRP’s rights shall be cumulative, and it shall not be required to have attempted to realize upon to the Equipment before taking any other collection actions. MRP may require that Buyer assemble and return any or all of the Equipment to MRP and, in the event Buyer fails to return such Equipment peaceably, enter upon the premises where such Equipment is located, with or without legal process, and repossess such Equipment. Upon a Default, Buyer agrees to pay upon MRP’s demand: (i) all costs and expenses incurred by MRP or its assignee in connection with the enforcement of any remedies, including all expenses incurred in connection with the return, sale, release or other disposition of the Equipment, including attorneys’ fees and other costs incurred by MRP or its assignee in enforcing or defending its rights and remedies under this Agreement and any other written agreement between Buyer and MRP.

        18.  COMPLIANCE WITH LAWS. Buyer shall (a) carry out the transactions contemplated by this sale and deal with the Equipment in conformity with all applicable laws, rules and regulations of all government authorities, including, without limitation, export laws, (b) obtain all permits and licenses required in connection with the purchase, shipment, installation or use of the Equipment, and (c) be solely responsible to fully understand and comply with laws, rules and regulations. Any information provided is as a convenience only.

        19.  FURTHER ASSURANCES. Upon MRP’s reasonable request, Buyer shall, at its sole cost and expense, execute and deliver all such further documents and instruments, and take all such further acts, necessary to give full effect to this Agreement.

        20.  ASSIGNMENT; SUCCESSORS AND ASSIGNS. Buyer cannot delegate any duties nor assign any rights or claims under this Agreement without MRP’s prior written consent, and any such attempt or assignment shall be void. In the event that Buyer finances its acquisition of any Equipment with a third party, Buyer may direct MRP to transfer title of such Equipment to such third-party financing company, with all remaining terms and conditions of this Agreement remaining in full force and effect. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and permitted assigns.

        21.  NO THIRD-PARTY BENEFICIARIES. Subject to Section 16, this Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns, and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

        22.  GOVERNING LAW; VENUE. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The parties agree that any and all claims, demands, disagreements, controversies or disputes arising out of or relating to this Agreement and any agreement or document delivered in connection herewith (collectively, “Claims”) shall be governed by and construed in accordance with the laws of the State of Utah and adjudicated exclusively in the state and federal courts located in or nearest to Summit County, Utah, which courts shall have the sole and exclusive jurisdiction and venue for adjudication of all Claims. The parties hereby agree upon, consent and stipulate to the jurisdiction and venue of the aforementioned courts for the adjudication of all Claims, to the exclusion of all other courts, forums and venues whatsoever.

        23.  NON-DISPARAGEMENT. Buyer shall not disparage MRP or MRP’s trademarks, websites, products or services, or display any such items in a derogatory or negative manner on any website or in any public forum or press release.

        24.  NOTICES. Any notice, demand, or communication required, permitted or desired to be given hereunder shall be deemed effectively given when personally delivered, when sent by electronic means, when received by overnight courier, or when mailed by prepaid, certified or registered mail, return receipt requested, addressed to the other party at its address set forth on the Quote or to such other address that the receiving party may designate from time to time in accordance with this Section 25.

        25.  PUBLIC ANNOUNCEMENTS. Unless otherwise stated herein, neither party shall issue a press release or otherwise advertise, make a public statement or disclose to any third-party information pertaining to the relationship arising under this Agreement, the existence or terms of this Agreement, the underlying transactions between MRP and Buyer or agent for Buyer or refer to the other party in relation to this Agreement without the other party’s prior written approval.

        26.  ENTIRE AGREEMENT; ADDITIONAL OR INCONSISTENT TERMS. Subject to Section 32, this Agreement constitutes the sole and entire agreement between the parties hereto relating to the subject matter hereof, and any unincorporated representation, affirmation of fact, course of prior dealings, promise or condition in connection therewith, or usage of the trade, shall not be binding on either party. Terms and conditions set forth which differ from, conflict with or are not included in this Agreement shall not be part of any agreement between MRP and Buyer unless both parties specifically accept such terms and conditions in writing.

        27.  WAIVER. No waiver under this Agreement is effective unless it is in writing and signed by the party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege or condition arising from this Agreement: any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under this Agreement; or any act, omission or course of dealing between the parties.

        28.  SURVIVAL. Subject to the limitations and other provisions of this Agreement, the representations and warranties of Buyer contained herein shall survive the expiration or earlier termination of this Agreement for a period of twelve (12) months after such expiration o termination and (b) this Section 29 and Sections 10, 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 26, and 32 of this Agreement, as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, shall survive the expiration or earlier termination of this Agreement. All other provisions of this Agreement shall not survive the expiration or earlier termination of this Agreement.

        29.  RELATIONSHIP OF PARTIES. Nothing in this Agreement creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the parties. Neither party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement or undertaking with any third party.

        30.  HEADINGS. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

        31.  ORDER OF PRECEDENCE. In the event of conflict between the Quote, a written agreement by MRP, and these Terms, the order of priority shall be: (1) the written

agreement by MRP, if only if executed by an MRP Officer, (2) the Quote and (3) these Terms, and only to the extent of the direct conflict. Notwithstanding the foregoing, MRP shall not be bound by, and specifically objects to, any terms, conditions or other provisions, both written and oral, which are different from, in addition to or inconsistent with the provisions of this Agreement which are set forth in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise of, or by, Buyer. Fulfillment of Buyer’s order shall not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend the terms and conditions contained herein.

        32.  SEVERABILITY. If any part of this Agreement is held to be void, illegal or unenforceable, then it shall be deemed to be severed from this Agreement and the remaining provisions shall continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is held to be void, illegal or unenforceable, the remainder of this Agreement shall be unenforceable. Upon a determination that any term or provision is void, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.