Waiver/Release of Liability
This document affects your legal rights. Read it carefully before signing it.
ACTIVITY AND ASSOCIATED RISKS:
I have chosen to use Fentanyl test strips manufactured by BTNX INC and understand that these testing devices do not test for all fentanyl analogs. I understand that testing strips in some states are still registered as paraphernalia and assume all liability. I am only using to these tests for harm reduction purposes. I am not participating in the manufacturing and distribution of illegal substances. TESTING (hereinafter referred to as “the Activity”). The Activity requires that I follow MANUFACTURER INSTRUCTIONS available at https://www.btnx.com/ and that these tests are classified as forensic, they do not test for all analogs of fentanyl only the following listed in the product description. Listed on the manufacturer website. As well as listed below.
“The Rapid Response TM Fentanyl (FYL) Forensic Test Kit is a lateral flow chromatographic immunoassay for the qualitative detection of Fentanyl in liquid and powder substances at the cut-off concentration of 200 ng/mL.
It is specific for Fentanyl screening with no significant cross reactivity to other opiates, such as Morphine and Heroin. The Rapid Response TM Fentanyl (FYL) Forensic Test Kit is able to detect Fentanyl and many other Fentanyl analogues such as Carfentanil, Acetyl Fentanyl, Butyryl Fentanyl, Remifentanil, Ocfentanil, Sufentanil, p-Fluoro Fentanyl, Furanyl Fentanyl, Valeryl Fentanyl, and 3-Methyl Fentanyl. Interpretation of test results are: positive (one line), negative (two lines), invalid (no lines or no control line)”.
ASSUMPTION OF THE RISKS:
I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of this activity, and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity as well as performing the methods and techniques of the training outside the listed instructions from the manufacturer. Including death. I also understand that any equipment that I use during the Activity I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
RELEASE OF LIABILITY:
I hereby RELEASE End Overdose, its employees, volunteers, agents, officers, and contractors, the providers of any equipment used in the Activity, FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity as well as performing the methods and techniques of the training outside the training session. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activity, in use of the methods and techniques taught at the training, or in any way related to the Activity.
INDEMNIFICATION HOLD HARMLESS AND DEFENSE:
I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3)
against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees that they incur because of any such claims made against them.
AGREEMENT TO FOLLOW DIRECTIONS:
I agree to follow the rules for the Activity provided to me and to follow directions given to me by the manufacturer of the product listed in the Activity.
I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by California law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.