This Hypnogogic Light Waiver and Release Agreement (“Agreement”), effective as of the date set forth on the signature, is by and between Family Endeavors, Inc., a Texas corporation d/b/a Endeavors (the "Company") and the individual named above (referred to as "You" or "I" or “Me” or “My”).
Release of Liability and Assumption of Risk
a) Physical Condition. I declare myself to be over the age of 18, and to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness (*including past history) that would prevent my use of Hypnogogic Light, including any of the following:
- Epilepsy or any kind of seizure, family history of epilepsy
- Currently in treatment for psychological or psychiatric conditions, including psychosis*
- Taking medication for anxiety, depression, or sleep
- Heart condition / stroke
- Brain injury / surgery / severe head injury / concussion
- Suffered with Vertigo lasting more than a few minutes
- Recreational/psychoactive drug use 24 hours before lamp use
- Pregnancy
- Severe insomnia, current state of sleep deprivation
- Alcohol consumption in the last 24 hours
NOTE: If You are suffering from any of the above outlined conditions, the Hypnogogic Light is not suitable for you without written consent from your doctor. For avoidance of doubt, if there are any changes to any of the above outlined conditions, it is Your responsibility to notify the Company.
b) Release.
i) I am aware and I understand that my use of the Hypnogogic Light may include the risk of illness, injury, disability, death and/or property damage. I acknowledge that any injuries that I sustain may result from or be compounded by the actions, omissions or negligence of the Company and agents, independent contractors, volunteers, insurers, affiliates or related entities, programs, members, successors, subsidiaries and assigns (collectively, “Releasees”). Notwithstanding the risk, I acknowledge that I am voluntarily using the Hypnogogic Light with the knowledge of the danger involved and I hereby agree to accept and assume any and all risks of illness, injury, disability, death and/or property damage arising from my use of the Hypnogogic Light whether caused by the ordinary negligence of the Company, any Releasees or otherwise.
ii) I hereby expressly waive and release any and all claims, now known or hereafter known against the Company and any other Releasees, on account of illness, injury, disability, death or property damage arising out of or attributable to my use of the Hypnogogic Light, whether arising out of ordinary negligence of the Company, any Releasees or otherwise. I covenant not to make or bring any such claim against the Company and any other Releasees and forever release and discharge the Company and all other Releasees from liability under such claims.
c) Indemnification. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, the costs of enforcing any right to indemnification under this Agreement, arising out or resulting from any claim of a third party related to my use of the Hypnogogic Light.
d) Medical Treatment. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention. I understand and agree that I am solely responsible for all costs related to such medical treatment.