Waiver of Liability and Data Rights Agreement
The Vasper System is an exercise apparatus that involves core cooling of the body, mild compression of the arms and thighs, and negative grounding of the body (“Vasper System”). The Vasper System is used in conjunction with traditional exercise machines. The Vasper System is not intended to be a medical device nor is it intended to diagnose, treat, cure, or prevent any diseases.
In consideration of the opportunity to exercise using the Vasper System, I do hereby release, hold harmless, and forever discharge and agree not to sue Vasper Systems California LLC or Vasper Systems Hawaii LLC, or their respective members, managers, officers, employees, agents, or other commonly controlled affiliates (collectively, “Vasper”) from any and all claims, responsibilities or liabilities for injury or damages resulting from or arising out of my use of the Vasper System, whether or not caused by the ordinary negligence of Vasper.
I certify that a Vasper employee has adequately explained the Vasper System technology that incorporates core cooling, vascular compression, and negative grounding.
I understand, recognize and acknowledge that exercise using the Vasper System involves an inherent risk of injury and/or death, including, but not limited to: bruising (contusions), muscle injury (rhabdomyolysis), vascular injury (arterial wall irritation, venous blood clots, phlebitis), blood pressure elevation (hypertension), irregular heartbeats (arrhythmias), and the appearance of tiny red spots on extremities, post exercise (petechiae).
I certify that I am in good health and sufficient physical condition to properly use the Vasper System. Furthermore, I certify that I do not possess the following contradictions to the using the Vasper System:
A history of blood clots or current problem with blood clots (including deep vein thrombosis or arterial thrombosis)
Currently taking blood thinners of any kind (anticoagulants)
History of easy brusibility (contusions)
Moderate to severe high blood pressure (hypertension)
Unstable heart disease (angina pectoris, congestive heart failure, coronary arterial disease)
A history of small stroke (transient ischemic attack, cerebral vascular accident)
Diabetic induced eye disease (diabetic retinopathy)
Increased pressure within the eye ball (increase intraocular pressure/glaucoma)
Compromised blood flow through the arteries (peripheral arterial disease or arterial obstructions)
Cold hands and feet (acrocyanosis)
I am voluntarily using the Vasper System to exercise with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks associated with using the Vasper System.
Data Rights Agreement: Vasper collects your personal information and performance data such as email address, protocol values, performance averages, compression and cooling rates, and other related information (“Data”) when you use the Vasper System. By using our equipment, you agree that Vasper may collect, analyze, and use the Data to improve the features of the Vasper System, track your progress, and communicate your results and other information to you. You also agree that we may deidentify (so you are not personally identified) and aggregate your Data (“De-Identified Data”) with the De-Identified Data of other Vasper users and use the De-Identified Data for any purpose in our sole and absolute discretion. Finally, you agree that Vasper exclusively owns all right, title, and interest in such Data and De-Identified Data.