Purchaser’s Waiver of Liability and Hold Harmless Agreement
In consideration for receiving permission and the right to purchase products (the “Products”) sold by Frontier Frequencies LLC doing business as Frequency Components (the “Seller”) and manufactured by Frontier Devices a division of Folsom Metal Products, Inc.. (the “Manufacturer”), the undersigned (the “Purchaser”) hereby Releases, Waives, Holds Harmless, Discharges, and Covenants Not To Sue the Seller and Manufacturer, together with its managers, officers, agents, employees, and persons referring the Products to Purchaser (the “Referring Parties”) (hereinafter collectively referred to as “Releasees”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Purchaser, or to any property belonging to Purchaser, while participating in the use of the Products, while in, on, or upon the premises where the use is being conducted or at any other location, regardless of whether such loss is caused by the negligence of the Releasees or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the full extent of the law.
Purchaser hereby acknowledges that the Products are intended for research purposes only. The Food and Drug Administration (FDA) has not authorized the use of the Products on humans. Under Common Law and Amendment IX of the US Constitution, Purchaser has the legal right to use the Products upon himself or herself in which case the Purchaser’s use is entirely voluntary and made without relying upon any representation or warranties of Releasees. FDA has not ruled on the efficacy of any use of the Products or on the efficacy from exposure to electromagnetic radiation from the Products. Releasees make no claims contrary to the preceding. The Releasees make no warranties of the Products’ fitness for any particular purpose.
The Products are electronic in nature and are not intended to diagnose, treat, cure, or prevent any medical condition or disease. Releasees make no claims as to possible or expected health benefits to be derived from exposure to the electromagnetic energy radiated from the Products. Purchaser acknowledges that he/she has reached a decision to buy the Products based solely upon the Products’ electronic characteristics.
The Products are sold with no frequencies installed. Purchaser may create frequency programs using Seller’s programs that then may be used in the Products. Purchaser assumes all responsibility for the use of the frequencies and holds Releasees and its representatives and affiliates harmless for their use.
Purchaser acknowledges that Referring Parties may have introduced Seller and its Products to Purchaser. Purchaser affirmatively states that it has not relied upon any suggestion, information, or recommendation from Referring Parties in his or her decision to purchase the Products. Referring Parties may receive compensation from Seller for the referral. The Purchaser hereby acknowledges that the existence of a referral payment has not influenced Purchaser’s decision to purchase the Products. Purchaser shall hold Referring Parties harmless in any disputes that may arise with Seller.
Purchaser agrees to utilize the Products in a manner that conforms to Federal, state, and local laws where the Purchaser is located and/or where the Purchaser uses the Products.
It is Purchaser’s express intent that this Waiver of Liability and Hold Harmless Agreement shall bind all members of Purchaser’s family, personal representatives, heirs, assigns, executors, and representatives whether Purchaser is alive or dead and shall be deemed as a Release, Waiver, Discharge, and Covenant Not To Sue Releasees. Purchaser further agrees that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Alabama and that any mediation, suit, or other proceedings must be filed and entered into only in Alabama and the Federal or State courts of Alabama. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect upon the enforceability of the remaining provisions.
In signing this Agreement, Purchaser acknowledges and represents that: he or she has read the forgoing Waiver of Liability and Hold Harmless Agreement, understands it, and signs it voluntarily as his or her own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written Agreement, have been made or relied upon in signing this Agreement; Purchaser is at least eighteen (18) years of age and fully competent; and Purchaser executes this Agreement for full, adequate, and complete consideration fully intending to be bound by same.
Acknowledged this __________ day of _________________, 20____.
Signature: _____________________________
(Seller)
Printed Name: __________________________
Signature: _____________________________
(Purchaser)
Printed Name: __________________________
Credentials: ___________________________
License Number: _______________________