WAIVER AND LEGAL AGREEMENT
Endo-100S Consumer Product
This Agreement is entered into by and between MedWave Group LLC (hereinafter referred to as “the Company”) and the purchaser or user of the Endo-100S product (hereinafter referred to as “the Customer”). By purchasing and/or using the Endo-100S, the Customer agrees to the following terms:
1. Acknowledgment of Product Purpose
1.1. The Endo-100S is a wellness device designed to assist with pain management and overall health. It is not intended to diagnose, treat, cure, or prevent any disease.
1.2. The Customer acknowledges that the product is not a substitute for professional medical advice, diagnosis, or treatment.
2. Use of the Product
2.1. The Customer agrees to use the product as instructed in the provided documentation and instructional materials.
2.2. The Customer understands that misuse of the product or failure to follow instructions may result in diminished efficacy or unintended consequences.
2.3. The Customer certifies that they have consulted with a healthcare professional before using the Endo-100S, particularly if they have existing medical conditions, are pregnant, or are taking any medications.
3. Assumption of Risk
3.1. The Customer acknowledges that, as with any wellness or medical device, individual results may vary, and the Company makes no guarantees about specific outcomes.
3.2. The Customer assumes full responsibility for any effects, including but not limited to skin irritation, discomfort, or other adverse reactions, that may occur as a result of using the product.
3.3. The Customer agrees to stop using the product immediately and consult a healthcare professional if any adverse effects occur.
4. Limitation of Liability
4.1. The Company shall not be held liable for any injury, loss, or damages, whether direct or indirect, arising out of the use or inability to use the Endo-100S, except where prohibited by law.
4.2. The Customer releases the Company, its affiliates, and its representatives from all claims related to the use of the Endo-100S.
5. Indemnification
5.1. The Customer agrees to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, costs, or expenses (including legal fees) arising from the use of the product.
6. Disclaimer of Warranties
6.1. The product is provided “as is” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.2. The Company makes no representation regarding the effectiveness of the product for the Customer’s specific condition.
7. Customer Representations
7.1. The Customer represents that they:
- Are at least 18 years of age.
- Have read and understood all instructions and disclaimers provided with the Endo-100S.
- Are purchasing and using the product voluntarily.
8. Governing Law and Dispute Resolution
8.1. This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction, e.g., the state of [YOUR STATE] or South Africa].
8.2. Any disputes arising under this Agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association (or equivalent governing body in your jurisdiction).
9. Severability
9.1. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. Acceptance of Terms
10.1. By purchasing and/or using the Endo-100S, the Customer acknowledges that they have read and understood this Agreement and agree to its terms.
10.2. The Customer agrees that this Agreement is legally binding and enforceable.
SIGNATURE (For Physical Agreements)
Customer Name (Printed): ________________________
Customer Signature: _____________________________
Date: _________________________
For digital purchases, include a checkbox during checkout with the following text:
“I have read and agree to the Waiver and Legal Agreement for the Endo-100S.”
Notes for Implementation
- Consultation with a Lawyer: Ensure the final draft complies with your jurisdiction’s laws.
- Digital Acceptance: Add this waiver to the checkout process with mandatory acceptance.
- Instructional Materials: Reinforce key points from the waiver in the user guide and videos.
- Customer Support: Provide a contact option for waiver-related questions or concerns.
