LIABILITY WAIVER AGREEMENT
As lawful consideration of Breathe Heavy LLC allowing the users to order for the services/product, the user hereby expressly agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that the user now has or may have in the future against Breathe Heavy LLC and to release Breathe Heavy LLC connected from any and all liability for any loss, damage, expense or injury including death that the user may suffer, resulting from either use of or the users presence on the services due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care on the part of the Breathe Heavy LLC, and also including the failure on the part of Breathe Heavy LLC to safeguard or protect the user from the risks.
2. TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER BREATHE HEAVY LLC, from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which the user now has or which may hereafter arise out of or in connection with the services/product.
3. THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for the user, in the event of the user’s death or incapacity. It is my intention to fully assume all risks associated with this product/service and to Breathe Heavy LLC from any and all liability to the maximum extent permitted by law.
Indemnification: User further agrees to “indemnify” (meaning to defend and to pay or reimburse) Breathe Heavy LLC, against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by me in connection with the services/products.
CLASS ACTION WAIVER AND NO PUNITIVE DAMAGES
The user is waiving his/her right to serve as a representative, litigant, or in any other representative capacity, and/or to participate as a member of a class of claimants, in any lawsuit/arbitration filed against us in no event shall we be liable for or pay punitive damages.
THE USER IS NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY BREATHE HEAVY LLC WITH RESPECT TO THE SERVICE/PRODUCT OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT.
KNOWING AND VOLUNTARY EXECUTION: THE USER HAS CAREFULLY READ AND UNDERSTANDS THE PROVISIONS AND LEGAL CONSEQUENCES OF THIS AGREEMENT AND THE USER HEREBY AGREES TO ALL OF ITS CONDITIONS. THE USER CONFIRMS THAT HE OR SHE HAS READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT.