RELEASE OF LIABILITY
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
FIT: (Foreskin Inflation Tool) which includes the retainer, gripper, and inflation bulb that make up the FIT system.
RELEASEE: Makers of the FIT: Walter Schmeck who lives in Hillsboro, OR, his equipment suppliers.
User: The purchaser of the FIT.
Product: FIT V2/3/4, Tugging Attachment, Weight, Soft one-piece retainer, Labia minora Stretching Device
In exchange for purchasing the PRODUCT, I agree for myself, to the following:
I, the USER, HEREBY ACKNOWLEDGE that I am eighteen (18) years of age or older when signing this Release of Liability and hereby agree that the PRODUCT will be only used for my sole purpose and will not be given or allow anyone else to use the PRODUCT. If someone else were to use the PRODUCT, User will take sole responsibility for all and anything that would happen to that person.
1: CONDITONS: User is aware that the PRODUCT is not a medical device and is sold as an adult novelty product only. User will get medical advice before starting, especially if User has diabetes, hemophilia, Reynaud’s phenomenon, chronic substance abuse, or any condition that might affect normal circulation or pain sensation. User will check constantly to ensure that User is getting proper blood circulation at all times and will immediately take off the PRODUCT if it starts to become uncomfortable. User will not use the PRODUCT while sleeping and User will stop what User is doing and seek prompt medical attention if any activity involving the PRODUCT gets uncomfortable. User will clean and dry the PRODUCT daily prior to use. User is aware that the consequences of peeing through the PRODUCT are unknown and could cause damage to, but not limited to bladder, Cowper’s gland, Prostate, Seminal vesicle, Urethra, Vas deferens, and Navicular fossa. Even if User does everything perfectly, there is still a chance that User could damage him/herself.
2: AGREEMENT OF NO DIRECTIONS: User understands that no two people are built exactly the same, and as such, User agrees that there are no directions on how User should use the PRODUCT. How User uses the PRODUCT is solely up to his/her interpretations on what has worked for other people. User will not take the information provided by the makers of the PRODUCT as directions, medical advice or guarantee of results, but solely as how others are using the PRODUCT.
3: ASSUMPTION OF THE RISK AND RELEASE. User recognizes that there are certain inherent risks associated with the above described activity and User assumes full responsibility for personal injury to his/herself and any property damage the PRODUCT may cause, and further release and discharge the makers of the PRODUCT for injury, loss or damage arising out of my use of the PRODUCT, whether caused by the fault of myself, my family, the PRODUCT or other third parties. User hereby agrees that User, his/her 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 PRODUCT, for injury or damage to person or property resulting from User use of the PRODUCT. Some of the risks include but are not limited to, potential loss of blood flow and potential spots described as “Rug burn”. User is also aware that consequences of peeing through the PRODUCT are unknown and take full responsibility for any issues, injury, or damage User may due to themselves.
4: INDEMNIFICATION. User agrees to indemnify, reimburse, defend, and hold harmless the makers of the PRODUCT 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 PRODUCT.
5: NO DURESS, User agree and acknowledge that User is under no pressure or duress to sign this Agreement and that User has been given a reasonable opportunity to review it before signing. User further agrees and acknowledges that User is free to have their own legal counsel review this Agreement if User so desires.
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 PRODUCT, AND SIGN IT ON MY OWN FREE WILL. I FURTHER UNDERSTAND THAT BY SINGING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.