PERFORMANCE HYDRATION MOBILE IV SERVICES

WAIVER OF LIABILITY AND REGISTRATION AGREEMENT

Service Area: Bakersfield, Kern County, California, and Surrounding Communities

 

WAIVER OF LIABILITY

For and in consideration of good and valuable consideration, including, but not limited to, the services, consultations, treatments, therapies, programs, products, and wellness services provided by Performance Hydration Mobile IV Services, the receipt and sufficiency of which is hereby acknowledged, I hereby acknowledge and agree to the terms of this Waiver and release certain claims to the fullest extent permitted by applicable law.

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I understand that participation in or receipt of IV hydration therapy, wellness services, treatments, procedures, programs, products, and related services provided by Performance Hydration Mobile IV Services may involve certain risks, including physical injury, adverse effects, allergic reactions, complications, medical conditions, and, in rare circumstances, serious or life-threatening medical conditions.

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I voluntarily assume the risks associated with receiving services from Performance Hydration Mobile IV Services, including services provided at my residence, place of business, hotel, event location, or another mutually agreed-upon location within the company's service area.

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SERVICES AND APPOINTMENTS

Services offered by Performance Hydration Mobile IV Services may include, but are not limited to:

• IV Hydration Therapy Tier 1 – Signature Hydration

• IV Hydration Therapy Tier 2 – Recovery Hydration

• IV Hydration Therapy Tier 3 – Lifeline Hydration

• IV Hydration Therapy Tier 4 – Personalized Hydration

• IV Hydration Therapy Tier 5 – After Hours Hydration

• Monthly Membership Programs

• Boost Shots

• Other IV hydration, wellness, and related services offered by Performance Hydration Mobile IV Services

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Services may be provided on a mobile basis throughout Bakersfield, Kern County, and surrounding communities, subject to provider availability, applicable laws, licensing requirements, and service-area limitations.

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OTHER REFERRAL SERVICES

When appropriate and available, Performance Hydration Mobile IV Services may provide information about or referrals to independent wellness and healthcare professionals or services, including:

• Nutrition guidance and recommendations from registered dietitians, nutritionists, or other qualified professionals.

• Massage therapy through qualified and certified massage therapists.

• Acupuncture services through appropriately licensed acupuncturists.

• Personal training through qualified personal trainers.

• Behavioral health, counseling, or mental wellness services through appropriately qualified professionals.

• Lifestyle modification and wellness programs.

• Other healthcare, wellness, fitness, and lifestyle services.

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Any referral to an outside healthcare or wellness provider does not necessarily mean that Performance Hydration Mobile IV Services employs, supervises, controls, or guarantees that provider or the services provided by that provider.

When available, clients may also have the opportunity to participate in a videoconference or other remote consultation with an appropriate medical professional to discuss questions concerning their experience with IV hydration therapy or related wellness services.

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ASSUMPTION OF RISK

You recognize and acknowledge that IV hydration therapy and other wellness services may involve risks, including but not limited to:

• Pain, bruising, swelling, or discomfort at an injection or IV site;

• Bleeding or infection;

• Allergic or other adverse reactions;

• Dizziness, nausea, headache, or changes in blood pressure;

• Fluid or electrolyte-related complications;

• Medication or ingredient interactions;

• Complications associated with pre-existing medical conditions;

• Incomplete or unexpected treatment results; and

• Other complications that may occur despite reasonable care.

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You agree to provide accurate and complete information concerning your medical history, medications, allergies, health conditions, and other information reasonably relevant to your treatment.

You understand that failure to disclose accurate or complete information may increase the risk of complications.

You agree to follow all reasonable instructions provided by the healthcare professional or other qualified provider administering your treatment.

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RELEASE AND WAIVER

To the fullest extent permitted by applicable law, you hereby release and discharge Performance Hydration Mobile IV Services, together with its owners, officers, employees, contractors, subcontractors, agents, healthcare professionals, representatives, and authorized service providers, from claims arising from your voluntary participation in or receipt of services, treatments, therapies, procedures, programs, or products.

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This release applies to services provided within Bakersfield, Kern County, and surrounding communities and counties within the company's authorized service area.

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Nothing in this Agreement is intended to waive, release, or limit any right or claim that cannot legally be waived, released, or limited under applicable California law.

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RESPONSIBILITY FOR PERSONAL HEALTH INFORMATION

You agree to provide truthful and complete information concerning your health history, medications, allergies, current symptoms, medical conditions, pregnancy status when applicable, and other information relevant to determining whether a particular service is appropriate for you.

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You understand that Performance Hydration Mobile IV Services relies upon the information you provide when determining whether services may be appropriate.

You agree to notify Performance Hydration Mobile IV Services of any changes in your health status or medications that may affect your treatment.

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MOBILE SERVICE LOCATIONS

Because Performance Hydration Mobile IV Services provides mobile services, treatments may occur at various locations throughout its authorized service area, including, where appropriate:

• Private residences;

• Hotels;

• Offices and workplaces;

• Event venues;

• Private gatherings;

• Businesses;

• Other locations mutually agreed upon by the client and Performance Hydration Mobile IV Services.

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You acknowledge that conditions at a mobile service location may differ from those at a traditional medical facility.

 

You agree to provide a reasonably safe, clean, accessible, and appropriate location for the services being provided.

 

Performance Hydration Mobile IV Services reserves the right to decline or discontinue services when conditions at a location are determined to be unsafe or otherwise unsuitable for providing the requested service.

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REGISTRATION AGREEMENT

Authority to Register and/or Act as Agent

You represent and warrant that you have full legal authority to complete registration, scheduling, consent, and payment for yourself and/or any person you are registering or scheduling services for (the “Registered Parties”).

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If you are completing registration or consent on behalf of another individual, you represent and warrant that you have the legal authority to do so.

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If you are registering or arranging services for a minor, you represent and warrant that you are the child's parent, legal guardian, or otherwise legally authorized representative.

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You agree that the terms of this Agreement and Waiver apply to all Registered Parties to the fullest extent permitted by applicable law.

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WAIVER

YOU UNDERSTAND THAT PARTICIPATION IN AND USE OF OUR PROGRAMS, PRODUCTS, IV HYDRATION THERAPY, WELLNESS SERVICES, AND RELATED SERVICES MAY INVOLVE CERTAIN RISKS. YOU UNDERSTAND THAT NO MEDICAL OR WELLNESS SERVICE IS COMPLETELY FREE FROM RISK.

YOU UNDERSTAND THAT RISKS MAY RANGE FROM MINOR DISCOMFORT OR INJURY TO SERIOUS OR POTENTIALLY LIFE-THREATENING MEDICAL COMPLICATIONS.

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YOU VOLUNTARILY CHOOSE TO RECEIVE SERVICES FROM PERFORMANCE HYDRATION MOBILE IV SERVICES AND AGREE TO ASSUME THE RISKS ASSOCIATED WITH THOSE SERVICES TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW.

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TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE PERFORMANCE HYDRATION MOBILE IV SERVICES AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, HEALTHCARE PROFESSIONALS, AND AUTHORIZED REPRESENTATIVES FOR CLAIMS ARISING FROM YOUR PARTICIPATION IN OR USE OF ITS SERVICES, PRODUCTS, IV HYDRATION THERAPY, WELLNESS SERVICES, OR RELATED PROGRAMS, EXCEPT FOR CLAIMS THAT CANNOT LAWFULLY BE WAIVED OR RELEASED.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

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To the fullest extent permitted by applicable law, Performance Hydration Mobile IV Services shall not be liable for indirect, incidental, special, consequential, or other damages arising from or relating to the use of, inability to use, scheduling of, or participation in its services, programs, products, website, or other offerings.

You understand that mobile IV hydration and wellness services are subject to scheduling availability, provider availability, travel considerations, weather, traffic, emergencies, and other circumstances that may affect the timing or availability of services.

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Performance Hydration Mobile IV Services does not guarantee that its website, scheduling systems, communications, or services will always be uninterrupted, secure, timely, or error-free.

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To the fullest extent permitted by law, the website and online services of Performance Hydration Mobile IV Services are provided on an “AS IS” and “AS AVAILABLE” basis.

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Nothing in this Agreement is intended to disclaim any warranty, protection, or legal responsibility that cannot lawfully be disclaimed under California law.

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INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Performance Hydration Mobile IV Services, its owners, officers, employees, contractors, subcontractors, agents, healthcare professionals, and authorized representatives from third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising from or relating to:

1. Your intentional or negligent acts or omissions;

2. Your failure to provide accurate or complete health information;

3. Your failure to follow reasonable instructions provided by the treating professional; or

4. Your use of services or products in a manner inconsistent with instructions provided by Performance Hydration Mobile IV Services.

This provision shall apply only to the extent permitted by applicable law.

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SERVICE AREA

Performance Hydration Mobile IV Services primarily provides mobile services in and around Bakersfield and Kern County, California, subject to availability and applicable licensing and regulatory requirements.

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Depending upon availability, appointments may also be offered in surrounding communities and nearby counties, which may include portions of:

• Kern County

• Tulare County

• Kings County

• Fresno County

• San Luis Obispo County

• Ventura County

• Los Angeles County

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Service availability outside the primary Bakersfield/Kern County service area may be subject to additional travel fees, scheduling limitations, or other applicable conditions.

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The company reserves the right to modify its service area at any time.

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APPLICABLE LAW; CONSENT TO JURISDICTION

This Agreement and Waiver shall be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.

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Because Performance Hydration Mobile IV Services is based in and/or provides services in the Bakersfield and Kern County area, you agree, to the extent permitted by law, that disputes arising from or relating to this Agreement, your registration, or services provided by Performance Hydration Mobile IV Services may be brought in a court of competent jurisdiction located in Kern County, California.

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You consent to the personal jurisdiction of the appropriate courts located in California to the extent permitted by applicable law.

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Nothing in this provision is intended to deprive you of any venue, jurisdiction, consumer protection, or other legal right that cannot lawfully be waived.

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SEVERABILITY

You expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as permitted by the laws of the State of California.

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If any provision of this Agreement and Waiver is determined to be unlawful, invalid, void, or unenforceable for any reason, that provision shall be deemed severable from the remainder of this Agreement and Waiver.

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The invalidity or un-enforceability of any individual provision shall not affect the validity or enforceability of the remaining provisions, to the fullest extent permitted by law.

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ACKNOWLEDGMENT AND ACCEPTANCE

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND AGREE TO ITS TERMS.

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YOU ACKNOWLEDGE THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO ASK QUESTIONS CONCERNING THE SERVICES, TREATMENTS, THERAPIES, PROCEDURES, PRODUCTS, POTENTIAL RISKS, AND TERMS CONTAINED IN THIS AGREEMENT.

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YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING THIS AGREEMENT FREELY AND VOLUNTARILY AND UNDERSTAND THAT YOU MAY BE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING, TO THE EXTENT PERMITTED BY LAW, THE RIGHT TO BRING CERTAIN CLAIMS AGAINST PERFORMANCE HYDRATION MOBILE IV SERVICES AND OTHER RELEASED PARTIES.

YOU ACKNOWLEDGE THAT YOU HAVE PROVIDED ACCURATE AND COMPLETE INFORMATION TO THE BEST OF YOUR KNOWLEDGE AND THAT YOU AGREE TO INFORM PERFORMANCE HYDRATION MOBILE IV SERVICES OF ANY MATERIAL CHANGE IN YOUR HEALTH CONDITION, MEDICATIONS, OR OTHER INFORMATION RELEVANT TO YOUR SERVICES.

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YOU INTEND YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER TO CONSTITUTE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.