RELEASE OF LIABILITY

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

 

DESCRIPTIONS:

• FIT: (Foreskin Inflation Tool) which includes the retainer, gripper, and inflation bulb that make up the FIT system.

• RELEASEE: Makers of the FIT V2/3: Walter Schmeck who lives in Hillsboro, OR, his equipment suppliers.

• User:  The purchaser of the FIT V2/3

 

In exchange for purchasing the FIT V2/3, I agree for myself, to the following:

 

I, the USER, HEREBY ACKNOWLEDGE that I am of eighteen (18) years of age or older when signing this Release of Liability and hereby agree that the FIT V2 will be only used for my sole purpose and will not be given or allow anyone else to use the FIT V2/3.  If someone else were to use the FIT V2/3 I take sole responsibility for all and anything that would happen to that person.

 

1: CONDITONS: I am aware that the FIT V2/3 is not a medical device and is sold as an adult novelty product only.  I will get medical advice before starting, especially if I have diabetes, hemophilia, Reynaud’s phenomenon, chronic substance abuse, or any condition that might affect normal circulation or pain sensation. I will check constantly to ensure that I am getting proper blood circulation at all times and will immediately take off the FIT V2/3 if it starts to become uncomfortable. I will not use the FIT V2/3 while sleeping and I will stop what I’m doing and seek prompt medical attention if any activity involving the FIT V2/3 gets uncomfortable. I will clean and dry the FIT V2/3 daily prior to use. I am aware that the consequences of peeing through the FIT V2/3 are unknown and could cause damage to, but not limited my bladder, Cowper’s glad, Prostate, Seminal vesicle, Urethra, Vas deferens, and Navicular fossa. Even if I do everything perfectly, there is still a chance that I could damage myself.  

 

2: AGREEMENT OF NO DIRECTIONS: I understand that no two people are built exactly the same, and as such, I agree that there are no directions on how I should use the FIT V2/3.  How I use the FIT V2/3 is solely up to my interpretations on what has worked for other people. I will not take the information provided by the makers of the FIT V2/3 as directions, medical advice or guarantee of results, but solely as how others are using the FIT V2/3.

 

3: ASSUMPTION OF THE RISK AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and any property damage the FIT V2/3 may cause, and further release and discharge the makers of the FIT V2 for injury, loss or damage arising out of my use of the FIT V2/3, whether caused by the fault of myself, my family, the FIT V2/3 or other third parties.  I hereby agree that I, my spouse, heirs, administrators, distributes, guardians, legal representatives and assigns will not make any actions, suits, claims against or attachment of the property of, or prosecute the makers of the FIT V2, for injury or damage to person or property resulting from my use of the FIT V2/3. Some of the risks include but are not limited to, potential loss of blood flow and potential spots described as “Rug burn”.   I am also aware that consequences of peeing through the FIT V2/3 are unknown and take full responsibility for any issues, injury, or damage I may due to myself.

 

4: INDEMNIFICATION. I agree to indemnify, reimburse, defend, and hold harmless the makers of the FIT V2/3 against all claims, causes of action, injuries, damages, judgments, costs or expenses, including attorney fees, legal costs, court costs, investigative costs, and other litigation costs, which may in any way arise from my or another person’s use of the FIT V2/3.

 

5: NO DURESS, I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing.  I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. 

 

6: ARM’s LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties.  In the event of any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which will lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision given rise to such ambiguity. Accordingly, the Parties specifically reject the application of CAL. CIV. CODE 1654 to this agreement, as well as any other statue or common law principles of similar effect.

 

7: ENFORCEABILITY. This invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

 

I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF, AND THE MAKERS OF THE FIT V2, AND SIGN IT ON MY OWN FREE WILL. I FURTHER UNDERSTAND THAT BY SINGING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.