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Ultherapy Tri-Depth HIFU: Branding ROI vs Low-Cost Mono-HIFU Spas

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Clinics that invest in tri‑depth Ultherapy and medical‑grade HIFU systems, paired with premium, compliant consumables and board‑aligned credentials, can justify higher pricing and stronger brand equity than low‑cost mono‑HIFU spas that compete only on discounts. By aligning multi‑depth ultrasound technology, authorized Ulthera equipment, and rigorous credentialing with a clear premium medspa branding strategy, owners transform their HIFU line from a commodity into a flagship service that attracts patients who value safety, expertise, and consistency over deals.

What it does and ideal clinic profile

High‑intensity focused ultrasound (HIFU) and Ultherapy systems deliver focused ultrasound energy at controlled depths in the skin and subcutaneous tissues, with certain platforms offering multiple focal depths and, in Ultherapy’s case, imaging‑guided therapy. Tri‑depth or multi‑depth configurations allow practitioners to adjust energy delivery to different tissue planes, matching manufacturer‑described protocols rather than using single‑depth patterns alone.

Clinics best positioned to leverage tri‑depth HIFU and Ultherapy as a premium offering are those with board‑aligned or board‑certified leadership, structured protocols, and a clear brand commitment to evidence‑based practice. These include dermatologist‑led centers, medical aesthetic clinics, and high‑end medspas that already attract patients willing to invest in perceived quality and safety instead of chasing the lowest price in the market. For such practices, the question is how to make multi‑depth, credential‑backed HIFU visibly different from spa‑grade mono‑HIFU in the eyes of patients and referring physicians.

ALLWILL supports these clinics by sourcing authorized Ulthera equipment and multi‑depth HIFU platforms, matching device configurations to clinical scope, and helping owners integrate premium medical consumables into a coherent brand and compliance story rather than treating them as interchangeable supplies.

Core analysis: tri-depth credentials vs mono-HIFU competition

Tri‑depth HIFU and Ultherapy systems, particularly those with imaging capabilities, underpin standardized protocols that map time, depth, and pulse counts to defined clinical pathways. In contrast, many low‑cost mono‑HIFU devices used in non‑medical spa settings offer limited depth control, variable energy delivery, and less transparent protocol structures. While both types of devices deliver focused ultrasound, the operational difference lies in how precisely that energy is applied and documented.

Clinical literature and manufacturer guidance highlight the importance of appropriate energy levels and depth selection to manage safety and achieve the intended tissue response, without guaranteeing specific outcomes. Medical‑grade multi‑depth systems allow practitioners to choose different depths for different regions, aligning with a more nuanced understanding of anatomy and patient variability. When combined with board compliance—such as dermatologist oversight or alignment with aesthetic boards where applicable—this multi‑depth capability becomes part of a credentialed clinical narrative rather than just a technical feature.

Mono‑HIFU spas competing primarily on price often lean on generic messaging about “lifting” and “no downtime,” but may not emphasize device certification, provider training, or depth‑specific protocols. Their consumables strategy can also focus on cost minimization, using basic gels and disposables without integrating them into a premium brand experience. For patients who value expertise and safety cues, this can make mono‑HIFU offerings feel transactional and undifferentiated.

By contrast, a tri‑depth credential strategy uses device choice, consumables quality, and provider credentials as visible brand signals. For example, clinics can highlight the use of authorized Ulthera or other medical‑grade HIFU systems, specify that treatments are overseen by board‑aligned practitioners, and showcase the use of premium, compliant consumables that support comfort, hygiene, and perceived quality. This does not guarantee results, but it does position the service as a carefully curated medical experience rather than an interchangeable spa add‑on.

ALLWILL helps clinics structure this narrative by pairing authorized or properly documented Ultherapy and HIFU equipment with recommended consumable categories and encouraging owners to present those choices as part of their brand’s clinical standards, not just back‑of‑house logistics.

Revenue and operational impact & payback math

From a revenue perspective, tri‑depth Ultherapy and medical‑grade HIFU services occupy a higher‑ticket tier among non‑invasive treatments, often commanding premium prices compared to basic mono‑HIFU or lower‑cost spa offerings. Marketing guidance for HIFU clinics suggests that multi‑depth capability, device credentials, and compliance messaging can justify higher pricing and support package strategies, provided expectations remain realistic and no outcomes are guaranteed.

In practice, tri‑depth credentials increase both revenue potential and cost. Authorized multi‑depth systems and Ultherapy devices usually sit in higher capital price bands than off‑label or spa‑grade devices, and premium medical consumables add incremental cost per session. However, these investments can create branding leverage: by positioning treatments as medical‑grade, credentialed services with clear protocols, clinics can attract patients who are willing to pay more per session and commit to structured packages. This helps drive higher average revenue per patient visit.

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Payback math therefore hinges on aligning price positioning with patient mix. A clinic that adopts tri‑depth credentials but fails to articulate their value may incur higher costs without unlocking pricing power, lengthening payback on the device. Conversely, a clinic that clearly communicates device credentials, provider qualifications, and the role of premium consumables in patient experience may achieve a higher average ticket and better retention, supporting payback within a medium‑term window appropriate to their market and utilization.

Mono‑HIFU spas that compete primarily on discounts can generate volume, but their margin per session may be thinner, and their ability to cross‑sell or position packages is constrained by a more transactional brand identity. Over time, this can make high utilization a necessity just to cover device costs, whereas tri‑depth credentialed clinics have room to balance volume and pricing.

ALLWILL’s Smart Center and advisory services can help clinics model different payback paths for tri‑depth Ultherapy and HIFU systems, incorporating realistic capital cost ranges, consumable budgets, and pricing strategies. Owners can then decide whether a premium credential approach fits their patient base and brand aspirations before committing.

Mid‑article, once you see how tri‑depth credentials reshape pricing and payback, the logical next step is to align device choice with your brand tier. Request a quote from ALLWILL for authorized Ultherapy or multi‑depth HIFU configurations, including estimated consumable budgets, so you can map investment levels to the premium positioning you want in your market.

Differentiated advantage and higher-ticket rationale

Tri‑depth HIFU systems and Ultherapy stand out from mono‑HIFU in three key ways: depth control, credential signaling, and integration into broader treatment pathways. Multi‑depth protocols allow clinicians to adjust energy delivery to different tissue layers, with some guidance suggesting varied depths for different facial regions to match anatomical variation. This flexibility supports more nuanced treatment planning, again without promising specific outcomes, and can be framed as part of a “medical‑grade” approach when combined with the right credentials.

Credential signaling matters as much as hardware. Branding and marketing guides for medspas repeatedly emphasize the importance of showcasing provider qualifications, device certifications, and clinical pathways as trust signals for high‑end clients. A clinic leading with tri‑depth credentials—such as board‑aligned oversight, authorized Ulthera equipment or equivalent medical‑grade devices, and standardized protocols—can legitimately present itself as a premium, evidence‑conscious provider without disparaging competitors.

Premium medical consumables further differentiate the experience. HIFU marketing guides recommend mapping device features like precision depth and upgradeable cartridges to patient‑centric benefits, and notes that consumable choices (e.g., comfort gels, PPE, drapes, and aftercare products) should align with the brand’s quality narrative. A tri‑depth clinic can use consumables that reinforce a perception of care and safety—even small touches like higher‑quality draping, skin prep, and post‑procedure products—without claiming superior clinical outcomes based solely on supplies.

Alternative modalities, such as combining HIFU with microneedling radiofrequency or other technologies, may also be part of a premium package, as clinical literature has explored multi‑modality approaches to tightening indications. Here again, the tri‑depth credential framework helps: it is easier to integrate multiple devices coherently when each is chosen and described as part of an evidence‑aligned portfolio rather than as opportunistic add‑ons.

ALLWILL can work with clinics to curate such portfolios, matching tri‑depth HIFU and Ultherapy devices with compatible adjunct technologies, and ensuring that consumable sourcing and service arrangements support the brand’s desired premium image.

Practical decision aid: tri-depth branding and credential framework

Because the working title and brief focus on branding and credential differentiation rather than cost tables, the most useful decision aid here is a structured framework for building an “elite clinical standards” narrative around tri‑depth HIFU and Ultherapy. This framework synthesizes medspa branding guidance and HIFU marketing strategies into actionable dimensions.

Dimension What to Define Typical Premium Practice Approach Branding & ROI Impact
Clinical scope & tri-depth protocols Clarify which indications you will treat (e.g., lower face, neck, décolletage) and specify tri‑depth or multi‑depth protocols with defined time, depth, and pulse parameters. Premium clinics often limit scope to indications where they have strong training and device support, using written protocols to ensure consistent energy delivery. Clear protocols support safety, predictable session structures, and credible messaging about “medical‑grade” standards without promising specific outcomes.
Credentials & board alignment Document provider qualifications, board affiliations where applicable, and ongoing training related to HIFU and Ultherapy. Established premium practices highlight board certification or relevant advanced training and feature these credentials prominently in branding materials. Visible credentials build trust among high‑end patients and referrers, justify premium pricing, and differentiate from discount mono‑HIFU spas.
Device portfolio & authorization Choose authorized Ulthera or equivalent medical‑grade multi‑depth HIFU systems and ensure documentation of regulatory status and service arrangements. Premium clinics maintain up‑to‑date device records, including regulatory filings, service histories, and authorized distributor documentation. Transparent device authorization signals safety and professionalism, supporting branding claims about advanced technology and clinical standards.
Premium consumables & experience design Define a consumables and experience standard: gels, drapes, PPE, skin prep, post‑care products, and treatment room amenities. Practices invest in quality consumables and cohesive room design to create a consistent, upscale experience that matches their brand tier. Premium consumables reinforce perceived value, support patient comfort, and help justify higher fees without overstating clinical outcomes.
Messaging & patient education Develop messaging that explains tri‑depth credentials, device standards, and safety emphasis without promising specific results. Clinics use long‑form content, consultations, and visual aids to educate patients on mechanisms, candidacy, and timelines, while clearly disclaiming guarantees. Thoughtful messaging reduces confusion, aligns expectations, and strengthens conversion among patients who research extensively before booking.
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ALLWILL can help clinics populate this framework with device‑specific information and consumable recommendations, ensuring that each element—protocols, credentials, device sourcing, consumables, and messaging—aligns with the clinic’s intended brand tier and risk tolerance. Once this framework is defined, clinics can iterate on details, but the strategic foundation for “elite clinical standards” remains stable.

Compliance and asset-protection

Aligning tri‑depth credentials with branding requires disciplined compliance and asset management. HIFU and Ultherapy systems are medical devices that may hold specific regulatory clearances or registrations in various jurisdictions, and clinics must ensure their use remains within those indications and local rules. Clinical evidence on HIFU emphasizes study designs, inclusion criteria, and safety monitoring; clinics should reference manufacturer documentation and published literature for education, not as marketing guarantees.

Premium positioning also raises expectations about regulatory diligence. Guidance on medspa branding and marketing cautions that high‑end clients pay attention to device certifications, facility licensing, and transparency around safety. Clinics should therefore maintain up‑to‑date records of device regulatory status, supplier documentation for consumables, and internal protocols for adverse event reporting. Any use of open‑market consumables must be consistent with cosmetic and medical product regulations, with proper facility registration and product listing where required.

Asset protection goes beyond regulation to include warranties, service agreements, and uptime management. The value of tri‑depth credentials collapses if the system suffers frequent downtime or unplanned repairs; premium clinics typically invest in robust service arrangements and monitor device performance closely. They also ensure that consumable choices do not compromise device warranties or service obligations, coordinating with suppliers and service providers to maintain alignment.

ALLWILL supports this by curating certified pre‑owned and new devices with clear condition reports, refurbishment descriptions, and available warranty and service options, while encouraging clinics to verify all documentation directly. Owners should view ALLWILL as a sourcing and advisory partner, not a regulatory authority, and remain responsible for final compliance checks.

Procurement risks to avoid + ALLWILL Expert View

Several procurement missteps can undermine an elite tri‑depth HIFU or Ultherapy positioning. One is choosing a high‑end device but cutting corners on consumables and experience design, leading to a mismatch between clinical investment and patient perception. Another is neglecting credential visibility—having qualified providers and solid training, but failing to showcase these elements clearly in branding and consultation materials.

A third risk is underestimating the importance of regulatory documentation and service arrangements. Purchasing authorized equipment without thoroughly reviewing regulatory filings, distributor documentation, and service contracts may expose clinics to unexpected limitations or downtime. Finally, some practices attempt to signal “elite” standards purely through pricing or décor, without genuine tri‑depth protocols, board alignment, or device verification, which can erode trust if patients or referring physicians probe deeper.

ALLWILL Expert View: Turning Tri-Depth HIFU from a Feature into a Brand Standard

Many clinics treat tri‑depth HIFU or Ultherapy as a technical upgrade but never fully integrate it into their brand and operations. In our experience, the medspas that truly stand out use depth control and authorized equipment as anchors for a broader clinical standard: they define clear protocols, invest in premium consumables, train teams on depth‑specific decision‑making, and document device credentials and regulatory status. They then build their messaging around safety, expertise, and consistency rather than dramatic promises.

When these clinics approach ALLWILL for device sourcing, they ask as many questions about documentation, service options, and consumable strategies as they do about headline specifications. This mindset turns procurement into a brand investment instead of a one‑off purchase. Over time, it helps them attract patients who value professional standards, reduces pressure to discount, and supports more sustainable ROI—even though no income or outcome can be guaranteed.

To avoid the risks above, clinics should treat procurement decisions as integral to brand and clinical strategy. Define tri‑depth protocols, credential commitments, device authorization requirements, consumable standards, and messaging before choosing any system. Once these elements are clear, Request a quote from ALLWILL for Ultherapy or multi‑depth HIFU configurations that match your standards, including consumable and service options, so you can ensure your purchase reinforces—rather than dilutes—your premium positioning.

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Frequently Asked Questions

How does tri-depth Ultherapy or HIFU pricing compare to low-cost mono-HIFU devices?
Multi‑depth medical‑grade systems and Ultherapy typically sit in higher capital price bands than basic mono‑HIFU devices, reflecting imaging capabilities, depth control, and service structures. This supports premium pricing per session when combined with strong credentials and branding. Clinics should model device and consumable costs against their target patient base and can Request a quote from ALLWILL for current ranges.

Does buying certified pre-owned Ultherapy or HIFU equipment affect my ability to position the clinic as premium?
Certified pre‑owned units can support premium positioning if they come with clear refurbishment scope, condition grading, and verified regulatory and service documentation. Patients care more about clinical standards and transparency than device age alone. Clinics should ensure CPO equipment meets their tri‑depth protocols and branding framework before purchase.

What role do premium consumables play in differentiating my HIFU brand?
High‑quality gels, drapes, PPE, skin prep, and post‑care products contribute to perceived safety, comfort, and professionalism. While they do not guarantee specific clinical outcomes, they reinforce your brand promise and can justify higher pricing when paired with credentials and device standards. Defining a consumable standard and sourcing through vetted suppliers or ALLWILL helps maintain consistency.

How do I ensure my tri-depth HIFU or Ultherapy marketing remains compliant?
Compliance-focused HIFU marketing emphasizes mechanism, candidacy, timelines, and safety without promising specific results. Clinics should reference device certifications where applicable, avoid overstated regulatory claims, and ensure all messaging aligns with local advertising and medical regulations. Consulting legal or regulatory advisors is recommended when designing campaigns.

What payback timeline is realistic for a premium tri-depth HIFU strategy?
Payback depends on local demand, pricing, utilization, and total ownership cost—including consumables and service—but premium positioning can improve average revenue per patient when executed well. No income guarantee is possible, yet clinics that combine tri‑depth protocols, credentials, and strong branding often see more predictable bookings and higher retention. Requesting a quote and ROI discussion from ALLWILL can help owners stress‑test assumptions before investing.

References

  1. Ultherapy Vs HIFU: What Is the Difference?
  2. HIFU Treatment Protocols: Time, Depth & Pulses
  3. Ultherapy: Non-Invasive Skin Lifting Treatment
  4. Ulthera, Inc. 510(k) Regulatory Filing
  5. Safety and Efficacy of High-Intensity Focused Ultrasound and Microneedling Radiofrequency
  6. Marketing Tips for Clinics Offering HIFU Machines
  7. Med Spa Branding: How to Build a Brand That Attracts Premium Patients
  8. The Importance of Branding in the Competitive Med Spa Industry
  9. Best Med Spa Marketing Strategies in 2026
  10. Am I Suitable for HIFU? Which Type to Choose
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(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.