CONDAM Condom Ambulance
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. By voluntarily contracting the services of CondAm, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE CondAm, their founders, officers, agents, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, contraction of disease, or pregnancy, that may be sustained by me, or to any property or persons belonging or related to me, including my partner(s), while participating in any activity wherein any product provided by CondAm was used, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
2. I acknowledge that CondAm is providing a service and I agree to pay for this service based on the amount I have specified at the time of ordering, whether by text, phone, website, or any other method. I agree that any exchange of money is a binding agreement of the specified cost and after that point I cannot refute the exchange or any aspect of the exchange in any way.
3. I understand that, despite the CondAm logo and appearance, CondAm is not an actual extension of any publically or privately owned hospital, physician’s office, emergency medical service, or the U.S. Government.
4. I understand and am aware of the risks and hazards connected with sexual activities, and I am aware that such activities include the risk of injury, death, contraction of disease, and pregnancy, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property, my partner(s), and me. I voluntarily assume full responsibility for any risks of loss or personal injury, including death, contraction of disease, or pregnancy, that may be sustained by me, or any loss or damage to property or persons belonging or related to me, including my partner(s), as a result of engaging in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
5. I declare that my partner(s) and I are of lawful age to take part in any activity, sexual or not, involving the products that CondAm is providing. I understand that CondAm does not require, encourage, or force myself and/or my partner(s) to participate in such activities, and I declare that myself and/or my partner(s) are doing so voluntarily. Further, I agree that any and all liability, claims, demands, actions, and causes of action whatsoever arising from my partner(s) in response to any activities wherein products provided by CondAm were used, are my sole responsibility.
6. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees that RELEASEES may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
7. It is my expressed intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above‐named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of New Jersey and that any mediation, suit, or other proceeding must be filed or entered into only in New Jersey and the federal or state courts of New Jersey. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.