CryoPure Spa, LLC.
Localized/CryoPure Facial Cryotherapy User Agreement
PLEASE READ CAREFULLY BEFORE SIGNING
You may have medical conditions that make localized cryotherapy inappropriate. Consult with your doctor or medical advisor if you have questions as to whether localized cryotherapy is right for you.
BY SIGNING BELOW YOU CONFIRM THAT YOU HAVE CAREFULLY READ BOTH PAGES OF THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS, VOLUNTARILY AGREE TO EACH OF ITS TERMS AND PROVISIONS, AND SIGN OF YOUR OWN FREE WILL.
Participant or Parent/Legal Guardian Signature:
1. Follow all instructions given to you by the attendant.
2. Participation in a localized cryotherapy session involves exposure to extreme cold temperature for a short period of time . By signing this agreement you confirm that you are in good health and do not have any of contraindications or other physical condition that would preclude you from safely using localized cryotherapy.
3. If you experience any pain or mental or physical discomfort at any time during the process, you may terminate the session immediately.
4. No representations or claims are made as to the therapeutic nature or other benefits of localized cryotherapy. Localized cryotherapy is not intended to diagnose, treat, cure or prevent diseases, illnesses, imbalances or disorders. No results from localized cryotherapy are assured. Every customer is different and responds differently to the therapy.
Waiver and Release:
1. This is a release of liability and a waiver of certain legal rights.
2. By signing this agreement you:
a. acknowledge that use of localized cryotherapy involves risk of bodily injury, illness, disability or death, which may be compounded by negligent emergency response of the attendant. You acknowledge that you are voluntarily participating in localized cryotherapy with knowledge of the dangers involved and accept and assume all risks of injury, illness, disability or death, whether caused by the condition of the facilities or equipment or the negligence of the attendant or otherwise. You acknowledge that frostbite is a specific risk that you assume.
b. expressly waive and release any and all claims against CryoPure Spa, LLC., and its officers, directors, employees, agents, affiliates, successors and assigns (which are collectively referred to as “the Company”), arising out of or attributable to your use of localized cryotherapy, other than as may arise from the gross negligence or intentional misconduct of the Company. You covenant not to assert any such claims against the Company, and forever release and discharge the Company from liability for such claims.
c. indemnify and hold harmless the Company from any loss, liability, damage, cost or expense arising out of or connected in any manner with your use of localized cryotherapy, except as may arise from the gross negligence or willful misconduct of the Company.
d. agree that this waiver and release is intended to be as broad and inclusive as permitted under law. You specifically acknowledge and agree that this agreement is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state law and additionally agree to waive all general release limitations provided by applicable law.
3. Company has internal procedures for complaints and disputes to be addressed and resolved. I agree that I will not (nor will I cause or cooperate with others to) publicly criticize, ridicule, disparage or defame Companies or its products, services, policies, directors, officers, shareholders, or employees, with or through any written or oral statements or image (including, but not limited to, any statements made via websites, blogs, postings to the internet, or emails and whether or not they are made anonymously or through the use of a pseudonym). I agree to provide full cooperation and assistance in assisting Companies to investigate such statements if Companies reasonably believe that I am the source of the statement(s). The foregoing does not apply to statutorily privileged statements made to governmental or law enforcement agencies. All parties agree that if a breach were to occur, it would be difficult to determine actual damages; Based on what the parties presently know, they agree that $2,500 is a reasonable estimate of damages that would accrue if a breach occurred in the future; and All parties agree that the amount of liquidated damages is fair and reasonable and would not act as a penalty to the breaching party. The parties agree and acknowledge that this non-disparagement provision is a material term of this Agreement, the absence of which would have resulted in Companies refusing to enter into this Agreement.
4. I hereby assign and grant to CryoPure Spa, LLC. the right and permission to use and publish photographs, film, videotape, electronic representations, or sound recordings made of me or my child as the case may be in all service sessions, and I hereby release CryoPure Spa, LLC. from any and all liability from such use and publication. I further authorize the reproduction, sale, copyright, exhibit, broadcast, electronic storage, or distribution of such photographs, film, videotapes, electronic representations, or sound recordings without limitation at the discretion of CryoPure Spa, LLC., and I specifically waive any right to any compensation I may have for the foregoing.
1. This agreement shall be construed and interpreted as broadly as possible under the applicable law of the jurisdiction in which you use localized cryotherapy, with the words, terms, provisions, covenants, and remedies contained in this Agreement to be enforceable to the fullest extent permitted by applicable law.
2. If any portion of this Agreement is held invalid, the remainder shall not be affected and shall continue in full legal force and effect.
3. The terms of this Agreement shall continue from this date forever and shall apply to each use by you of localized cryotherapy without the need for you to resign this Agreement.
4. This document constitutes the entire agreement regarding your use of localized cryotherapy and supersedes all prior discussions and representations about the use, benefits or risks of localized cryotherapy.
Copyright: CryoPure Spa, LLC. 2015. All Rights Reserved.