Fill and Sign the Texas Waiver of Form

Waiver and Release in Favor of a Newborn Consulting Business Agreement made on the       day of       , 20       , between       of       , referred (Name of Parent or Guardian) (Street Address, City, County, State, Zip Code) to herein as Parent, and       , of       , (Name of Consultant) (Street Address)       , referred to herein as Consultant. The word Parent shall (City, County, State, Zip Code) include parents and/or one or more guardians. Whereas,       provides consulting services (the Program) (Name of Consulting Business) to parents of newborns including: A. Providing hands-on help with newborns; B. Advising parents on baby products, baby care techniques, and use of baby carriers; and Whereas, it is a condition of being accepted by Consultant as a client that Parent execute this Waiver and Release after having read it and explained to said Parent by the person of Parent’s choice; and Whereas, Parent desires to retain Consultant to perform the services referred to above; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Parent does hereby waive, release, and agrees to indemnify and hold harmless Consultant, and any owner or employee of       from any and (Name of Consulting Business) all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that Parent or the child of Parent has or may have, arising from or in any way related to the participation of Parent and/or Child in the Program, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct of Consultant. 2. This waiver and release includes (but is not limited to) any injuries to Child resulting from Child’s participation in any aspect of the Program as well as any injuries resulting from the practicing by Parent of recommendations made by Consultant regarding the care of newborns. 3. Parent understands and agrees that: A. Advice from Consultant is for informational purposes only and is given in good faith that it is safe, effective, and in agreement with current recommendations regarding Waiver and Release Page 1 of 2 the care of newborns. Consultant is not a medical provider and is not qualified to diagnose or treat any illnesses, diseases or other medical condition. B. If parent has any concerns about the health of the Child, Consultant recommends Parent consult the pediatrician of Child or other appropriate physician under the circumstances. C. Parent agrees that he/she will not use any techniques or products suggested by Consultant that are contrary to recommendations made by the pediatrician of the Child. D. Parents understand and agree that use of any baby or child product, baby or child carrier, and/or baby care technique carries with it a certain amount of risk, and that products recommended by Consultant should be assembled and/or used correctly. The Child should be supervised at all times. 5. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements concerning the subject matter of the Agreement. The provisions of this Agreement may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. 6. The provision of this Agreement will continue in full force and effect even after the termination of the Program, whether by agreement, by operation of law, or otherwise. 7. Parent has read, understands and fully agrees to the terms of this Agreement, and confirms that, by signing this Agreement, Parent may have given up considerable future legal rights. Parent has signed this Agreement freely, voluntarily, under no duress or threat of duress, and without inducement, promise or guarantee being communicated to Parent. WITNESS our signatures on the       day of       , 20       . Signature of Parent (Guardian) Signature of Parent (Guardian)             (Type or Print Name) (Type or Print Name) State of Texas County of       This instrument was acknowledged before me on       by       . (Date) (Name of Person)       Notary Public SEAL My commission expires:       Waiver and Release Page 2 of 2