Legal CBD Waiver Form

LEGAL CBD WAIVER FORM

Participant Name:    Provider Name:    Effective Date:

RECITALS

WHEREAS, Provider engages in the manufacture, distribution, sale or administration of cannabidiol products and related services (collectively, "CBD Products"); and

WHEREAS, Participant wishes to receive, use, test, or otherwise be exposed to certain CBD Products provided or recommended by Provider; and

WHEREAS, the parties desire to set forth the Participant’s acknowledgements, assumptions of risk, release and indemnity obligations in connection with Participant’s use of CBD Products.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement: "CBD Product" means any hemp-derived cannabidiol product, including oils, tinctures, topical products, edibles, capsules, or similar items provided by Provider. "Adverse Event" means any negative or unintended medical outcome or symptom that Participant experiences after exposure to a CBD Product.

2. ACKNOWLEDGMENT OF NATURE OF CBD AND RISKS

Participant acknowledges that CBD Products are not approved by any regulatory agency as to safety or efficacy for all uses, and that scientific research regarding effects, side effects, interactions, and long-term consequences is ongoing. Participant further acknowledges that possible risks include, without limitation, drowsiness, gastrointestinal upset, changes in appetite or mood, interactions with prescription or over-the-counter medications, and allergic reactions.

3. ASSUMPTION OF RISK

Participant knowingly and voluntarily assumes all risks associated with the use or exposure to CBD Products, whether known or unknown, foreseeable or unforeseeable. Participant understands that individual responses vary and that Provider has made no guarantee regarding results or the absence of side effects.

4. RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted by law, Participant hereby releases, waives, discharges and covenants not to sue Provider and its officers, directors, employees, agents, affiliates, successors and assigns (collectively, "Released Parties") from any and all liability, claims, demands, actions, causes of action, damages, losses, costs or expenses, whether arising in contract, tort (including negligence), strict liability or otherwise, arising out of or related to Participant’s use of or exposure to CBD Products, including claims for personal injury, property damage, or wrongful death.

5. INDEMNIFICATION

Participant agrees to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, losses, damages, claims, demands, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with Participant’s breach of this Agreement, negligence, willful misconduct, or violation of applicable law in connection with Participant’s use of CBD Products.

6. REPRESENTATIONS AND WARRANTIES OF PARTICIPANT

Participant represents and warrants that: (a) Participant is at least 18 years of age; (b) Participant has disclosed to Provider any known allergies, medical conditions, pregnancy or breastfeeding status, and any prescription or over-the-counter medications currently being taken; (c) Participant will follow all usage instructions provided by Provider; and (d) Participant will not operate machinery, drive, or perform safety-sensitive tasks if affected by a CBD Product.

Date of Birth:

I confirm that I am at least 18 years old:    I am not pregnant or breastfeeding:

7. USE RESTRICTIONS AND COMPLIANCE

Participant shall use CBD Products only as directed and shall comply with all applicable laws and regulations. Participant shall not transfer, resell, or distribute CBD Products to any third party. Provider makes no guarantee that CBD Products comply with laws outside the jurisdiction in which they are provided; Participant is responsible for compliance in his or her own jurisdiction.

8. MEDICAL ADVICE; NO WARRANTY

Participant acknowledges that Provider does not provide medical advice, diagnosis, or treatment. Participant agrees to consult a qualified healthcare professional before using any CBD Product if Participant has any health concerns, is taking medication, or is under a physician's care. ALL CBD PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR PARTICIPANT'S USE OF CBD PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY PARTICIPANT TO THE PROVIDER FOR THE SPECIFIC CBD PRODUCT AT ISSUE.

10. NOTICES

11. AMENDMENTS; WAIVER; SEVERABILITY

This Agreement may be amended only by a written instrument signed by both parties. Failure by either party to insist upon strict performance of any provision of this Agreement shall not be deemed a waiver of such provision. If any provision of this Agreement is held invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

12. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the substantive laws of the state identified below without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in that state for resolution of disputes arising under this Agreement.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

14. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be binding.

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