RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND COVENANT NOT TO SUE AGREEMENT between purchaser (“Releasor”) and Haleigh’s Hope Inc. (“Releasees”).
I. NOTICE OF RISK; DISCLAIMER OF LIABILITY; WAIVER OF CLAIMS
- Product and Information not evaluated by the FDA: Any products discussed or supplied or any claims regarding those products have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. Any information provided is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use this product or the information provided for diagnosis, treatment or cure of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
- Drug Interactions: This product may cause drug interactions. Possible interactions and dosage adjustments should be discussed with the customer’s physician. It is prudent to have a doctor monitor blood levels regularly, so that the anticipated drug interactions can be detected.
- Legality: The customer understands the risks inherent with this product and understands that services or products provided do not guarantee success nor do they guarantee immunity from Civil and/or Criminal prosecution due in part to the evolving nature of the industry and legislation in the United States.
- Consultation with Attorney. Customer is advised to consult with an attorney often, as the legal landscape is changing and being updated, voted, or challenged often by various competing forces at this time. Customer is advised to act with caution and attention and to stay abreast of the issues involved with the industry.
II. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
- I have read the above notice carefully and acknowledge receipt of a copy thereof. In consideration of the benefits received, I hereby assume all risks of damages, injury, and civil or criminal prosecution, that I may sustain while participating in or as a result of, or in any way growing out of my activity associated with the Releasees.
- I accept and assume such risks and responsibility for any losses and/or damages, however caused and whether caused in whole or in part by the negligence of the Releasees named above.
III. RELEASE AND WAIVER OF LIABILITY AND COVENANT NOT TO SUE (READ CAREFULLY BEFORE PURCHASING)
- I hereby acknowledge that, based on the above notice, acceptance of the services and/or products offered by Releasees involves an inherent risk and I assume all risks. I hereby agree that for the sole consideration of Releasees allowing me to accept services and/or products under the authority of state law, I, for myself, my personal representatives, assigns, executors, heirs and next of kin, do hereby release and forever discharge the Releasees from and of any and all claims, demands, rights and causes of action of whatever kind or nature, arising from and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries (including but not limited to the death of the customer), damage to property, and the consequences thereof, whether or not caused or contributed to in whole or in part by the negligence of the Releasees, resulting from any participation in any way connected with the Releasees.
- I further expressly agree that the foregoing release, waiver, and covenant not to sue is intended to be as broad and inclusive as is permitted by law.
- I further covenant and agree that for the consideration stated above, I will not sue the Releasees for any claim for damages arising or growing out of my association with Releasee. I understand that the acceptance of this release and covenant not to sue the Releasees shall not constitute a waiver in whole or in part, or any sovereign or official immunity which may be possessed by any of the Releasees.
- I have received a copy of this document and I certify that I am 18 years of age or older and suffering under no legal disabilities and that I have read the above carefully before purchasing.
- This entire agreement, including the notice, assumption of risk, and release, waiver of liability and covenant not to sue shall be construed and applied so as to conform to the law of the State Colorado, whose laws are deemed to be controlling. In the event any clause of this agreement shall be deemed not to be in compliance with applicable law, that clause shall be either be given no force or effect, or shall be construed and applied to conform to State law, the validity and enforceability of all other clauses and of the agreement itself otherwise not being affected.
- This agreement will be governed by and construed and enforced in accordance with the laws of the State of Colorado, without giving effect to any choice or conflict of law provisions or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Colorado. I hereto consent and voluntarily submit to personal jurisdiction in the State of Colorado and in the courts in such state located in Boulder County in any proceedings arising out of or relating to this agreement and the transactions contemplated hereby. I hereto irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that i may now or hereafter have to the laying of venue or the convenience of the forum of any action with respect to this agreement in the courts of the state of Colorado.
- I have read this release and waiver of liability, assumption of risk and covenant not to sue agreement, fully understand its terms, understand that i have given up substantial rights by signing it, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me and intend my signature to be complete and unconditional release of all liability to the greatest extent allowed by law.