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3. Risks of purchase of, use of, transportation of, and storage of the product. Undersigned acknowledges there are risks inherent with improperly using, transporting, and storing the Product that could result in physical injury and/or property damage. Improper use of the product could result in fire or electrical damage to property. The Customer is solely responsible for the proper disposal of any and all materials associated with the sauna, including any ashes or embers. Improper transportation of the product could result in product damage or to property being utilized to transport the Product. Improper storage or placement of the Product in any residence, building, storage facility, porch/deck, outdoor area, or otherwise could further result in property damage. Undersigned is responsible for proper maintenance and use of the Product. Calore Health and Wellness Inc is not responsible for any injuries, and or damage resulting from improper maintenance of the Product. WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.
4. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, ownership, and use of the Product, the Undersigned agree as follows: (a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to, claims of negligence, negligence per se, negligent misrepresentation, premises liability, tort claims, breach of warranty, statutory violations and breach of contract. (b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, costs, property loss, medical bills, loss of income, expenses, attorney’s fees, liens, subrogation rights, and all other damages of any kind or nature whatsoever, and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of or related to Participant’s participation in the Activity and ownership of the Product. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. (c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and use of the Product and that INJURIES AND/OR DEATH may result from participating in the Activity and use of the Product, including, but not limited to, the acts, omissions, representations, carelessness, and negligence of the Released Parties. The Undersigned acknowledges that participation in the Activity is voluntary. The Undersigned also acknowledges that the Participant is physically and mentally capable of participating in the Activity. By signing this document, the Undersigned recognizes that property loss, injury and death are all possible while participating in the Activity. The Undersigned is responsible for ensuring that all applicable laws and regulations are met with respect to the use of the sauna and/or cold plunge. This includes, but is not limited to, obtaining any permits required by local, provincial , or federal authorities. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY AND USE OF THE PRODUCT, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. Undersigned further acknowledges the risks inherent with ownership, transportation, and storage of the Product.
5. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity and product use. By signing this Agreement without a parent or legal guardian’s signature, the participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.
5. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the and construed in accordance with the laws of Ontario, Canada; (c) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR CONTRACTS, ARRANGEMENTS, COMMUNICATIONS, OR REPRESENTATIONS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF INCLUDING BUT NOT LIMITED TO ANY PRIOR REPRESENTATIONS ABOUT THE ACTIVITY ITSELF OR THE SAFETY THEREOF; (d) the Undersigned is voluntarily and fairly entering into this Agreement. The Undersigned understands and acknowledges that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned’s that this agreement shall be binding upon the assignees, suborders, distributors, heirs, next of kin, executors and personal representatives of the Undersigned. I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.
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5) Clearance Policy: The overhead clearance above the heater is not guaranteed to meet the minimum safety requirements established by the heater manufacturer. Assumption of Risk: By proceeding with the purchase and installation of heaters and Calore Health and Wellness Inc Products, you accept and assume all risks associated with the potential inadequate overhead clearance, absolving Calore Health and Wellness Inc and heater manufacturer of any liabilities. Acknowledgment of potential Non-Compliance: The specified minimum safety requirements for overhead clearance outlined by the heater manufacturer might not be met in Calore Health and Wellness Inc Products. Neither Calore Health and Wellness Inc nor the heater manufacturer can be held accountable for any damages, injuries, or losses resulting from utilizing the manufacturer’s heater in a Calore Health and Wellness Inc Products lacking sufficient overhead clearance. Professional Consultation: It is strongly recommended to consult with a qualified professional to evaluate the installation, ensure adherence to safety standards, and mitigate potential risks. By proceeding with the purchase and installation, you affirm your understanding of the above disclaimer and terms, assuming full responsibility for any consequences.
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9) Proprietary Information and Confidentiality. All written information provided by Seller in connection with any order, including, but not limited to, any specifications, drawings, and any other types of tangible or intangible information, shall remain the property of Seller and shall not be disclosed to any third parties without written consent of Seller. No licenses are granted to any Seller intellectual property rights under these Terms and Conditions or any orders. All rights not expressly granted in these Terms and Conditions are reserved by Seller, and all intellectual property rights developed in relation to the Goods shall vest in Seller. In no event shall Buyer reverse engineer the Goods. Buyer shall keep confidential and shall not, without the prior written consent of the Seller, disclose to any third party or otherwise make public the terms or existence of any confidential or proprietary information of the Seller, including without limitation, these Terms and Conditions, information not generally known to the public, strategies, pricing, trade secrets, know-how, financial information, sales and distribution information, actual and potential customers.
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14. Miscellaneous. Buyer agrees to comply with all applicable laws, regulations and orders. If a provision of these Terms and Conditions is held invalid, illegal or unenforceable, such holding will not affect the other sections in these Terms and Conditions. Seller can exercise any and all remedies allowed by law. If Seller waives a breach or fails to waive a breach, it is not deemed to be a waiver to other breaches. These Terms and Conditions are governed by Ontario Law. The parties irrevocably consent to the jurisdiction and venue in any federal or state court of competent jurisdiction located in Ontario. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. Buyer may not assign any of its rights, interests, obligations or liabilities with regard to the purchase of Goods. Seller shall be excused from performance of its obligations if it suffers an event that is caused by an act of God, or other cause beyond its control.