SYNAPSE CCR
PRODUCT DEMONSTRATION — RELEASE OF LIABILITY & ASSUMPTION OF RISK
READ CAREFULLY BEFORE PARTICIPATING. BY SIGNING, YOU WAIVE SUBSTANTIAL LEGAL RIGHTS.
1. Parties
This Agreement is between Synapse CCR, Inc., a California S-Corporation ("Company"), and the individual agreeing below ("Participant"). Participant wishes to perform a supervised demonstration of the Synapse V2 Force Board Edition — a portable, non-motorized Custom Calibrated Resistance (CCR) training device for eccentric and resistance-based exercise ("Demo").
2. Assumption of Risk
Participant voluntarily assumes all inherent risks of strength and eccentric resistance training, including but not limited to: muscle strains, joint injury, falls, cardiovascular events, and other physical harm. Participant acknowledges these risks exist regardless of the Company's precautions.
3. Health Affirmation
Participant represents and warrants that they:
Are 18 years of age or older;
Are in adequate physical condition to participate in resistance exercise;
Have no known medical condition, injury, post-surgical status, or pregnancy that would be aggravated by vigorous physical activity; and
Have consulted a physician if any doubt exists about their fitness to participate.
Participant understands that Company personnel are not medical professionals and cannot assess Participant's medical fitness.
4. Release of Liability
IN CONSIDERATION of being permitted to participate in the Demo, Participant — on behalf of themselves and their heirs, executors, administrators, legal representatives, and assigns — HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Synapse CCR, Inc. and its officers, directors, shareholders, employees, agents, and representatives (collectively, "Released Parties") from any and all liability, claims, demands, damages, losses, costs, and causes of action of any nature whatsoever — whether known or unknown, foreseen or unforeseen, accrued or not yet accrued — arising out of or relating to Participant's participation in the Demo, including claims arising from the Released Parties' ORDINARY NEGLIGENCE. This release does not apply to claims arising solely from gross negligence or intentional misconduct.
WAIVER OF CALIFORNIA CIVIL CODE § 1542: Participant expressly waives all rights under California Civil Code § 1542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY." Participant acknowledges this waiver is an essential term of this Agreement.
LIMITATION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. IF ANY LIABILITY IS FOUND TO EXIST, TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
5. Indemnification
Participant agrees to defend, indemnify, and hold harmless the Released Parties from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from Participant’s participation in the Demo or any breach of this Agreement.
6. Instructions & Emergency Medical Authorization
Participant agrees to follow all safety instructions provided by Company staff. Failure to do so may result in removal from the Demo. In the event of a medical emergency, Participant authorizes Company staff to seek or administer emergency medical care and agrees to bear all costs thereof.
7. Media Release
Participant grants Synapse CCR, Inc. permission to photograph and/or video record their participation for marketing, educational, and promotional use, without compensation.
8. General Provisions
Governing Law: This Agreement is governed by the laws of the State of California. Severability: If any provision is found unenforceable, the remaining provisions remain in full force. Entire Agreement: This is the complete agreement between the parties regarding the Demo and supersedes all prior understandings.
BY AGREEING BELOW, PARTICIPANT CONFIRMS THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT IN ITS ENTIRETY, ARE SIGNING FREELY AND VOLUNTARILY, AND UNDERSTAND THEY ARE GIVING UP THE RIGHT TO SUE.
Synapse CCR, Inc. · La Quinta, CA · synapse-ccr.com
