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INFORMED CONSENT AGREEMENT AND WAIVER OF LIABILITY

As a condition to, and in consideration of, my use of WaveOn Membership services, including but not limited to, the exercise and recovery guidance, direction, and advise from this service. I have agreed to execute this Informed Consent Agreement and Waiver of Liability (this “release”) for Innovate AT, Inc., a New Mexico Corporation, its WaveOn Membership agents, members, partners, vendors, affiliates and employees. I hereby certify, covenant and agree as follows by signing this form:

 

I am in good physical condition and am able to use the technology and equipment as recommended by WaveOn Membership agents. I am not aware that I have any medical condition or symptoms that would prevent me from participating in, or increase my risk of health problems arising out of activities or utilization of equipment recommended by WaveOn Membership agents, partners, vendors, affiliates and employees.

 

I understand that WaveOn Membership has staff available for guidance and direction on recovery activities, exercises, and equipment but he/she does not have any authority in diagnosing medical conditions and no representatives to the contrary have been made to me. Notwithstanding the foregoing, I acknowledge that the WaveOn Membership employees shall not be obligated to provide first responder duties to me in the event that they shall deem an emergency to exist, and I hereby grant my permission to the initiation of any first responder actions in such circumstance and agree that I will be solely responsible for any medical costs and expenses which may arise as a result thereof.

 

I understand that my use of WaveOn Membership services, presents the risk of physical injury or death, and/or loss of or damage to my personal property. I assume this risk and agree that my use of WaveOn Membership services shall, at all times, be at my own risk. I, on behalf of myself, my heirs and personal representatives, hereby knowingly and voluntarily agree to waive and release owner and owner parties from any liability, loss, cost, damage, expense, claim or suit whatsoever (collectively, “claims”) for any and all injury, loss, illness, harm, cost, expense, claim, suit, or damage resulting from or related to my use of WaveOn Membership services or the guidance, direction, and the use of any technology and equipment as recommended. I further agree to indemnify and hold harmless owner and all owner parties from and against any and all third-party claims arising as a result of my use of WaveOn Membership services.

 

I have fully read and fully understand the foregoing assumption of risk and release of liability and I understand that by signing it obligates me to indemnify the parties’ names for liability for injury or death of any person and damage to property cause by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights. 

 

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS.  I AM AWARE THAT THIS IS A RELEASE AND WAIVER OF LIABILITY AND SIGN IT KNOWINGLY, VOLUNTARILY, AND OF MY OWN. I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS WHICH HAVE BEEN ANSWERED. I AM AT LEAST OF 18 YEARS OF AGE. 

Client Services Agreement – WaveOn Membership

This Client Services Agreement (“Agreement”) is made as of the date indicated in the form below (the “Effective Date”), by and between Innovate AT, Inc., a New Mexico Corporation (“Company”), and YOU, the athlete (“Client”), as named in the form below (each a “Party” and collectively the “Parties”).

 

  1. Company Duties and Responsibilities.  Client hereby engages Company for the limited purpose of matching Client to WaveOn services provided by contractors of Company (the “ Customer Success”), facilitating communications between Client and Customer Success, and processing payments made by Client to Company. Company agrees to provide these Services in exchange for the compensation described herein.

  2. Compensation; Consideration.  In exchange for the Services, Client agrees to pay the subscription amount (plus tax in New Mexico) that the Client selects (or annual basis) to the Company for the duration of this Agreement. Client agrees to pay the Company directly under this Agreement Client understands and acknowledges that if it requests additional therapeutic services not covered by this Agreement, such services will be governed by the terms and conditions of this Agreement but will constitute a separate expense paid by the Client.

  3. Terms and Conditions of Services.

    • Use of Company’s platform. Client agrees to use Company’s online software and services platform, for purposes of communicating with Customer Success. Client agrees not to communicate with Customer Success through email, phone calls, text messages, postal service, or any other means, and shall only communicate with Customer Success using cell phones or desktop computers.

    • Service locations. Client agrees that any services to be provided to them by shall be provided through telecommunications and/or electronic platform support only.  

    • Company response times. Client understands and acknowledges that the Company will respond to any requests communicated to it within one business day following receipt of any such communication.

    • Under the WaveOn Membership, Client shall receive two (2) specialist referrals per year of membership.   on Direct Hire. Client agrees that, during the term of this Agreement and for a period of twelve (12) months following conclusion or termination of this Agreement, Client shall not, directly or indirectly, on Client’s own behalf or on behalf of any other person, firm, corporation or other entity, solicit, divert, or take away, or attempt to solicit, divert or take away any persons associated with the Company at any time during the term of this Agreement or for a period of twelve (12) months following conclusion or termination of this Agreement, nor shall Client attempt to persuade any such person or entity to cease or forego business with Company.

  4. Representations and Recommendations of Company.  Company represents that it has verified the licensure of its Customer Success, who are themselves independent contractors and not employed by the Company, or with the New Mexico respective state’s Athletic Trainers Practice Board. Company has performed due diligence on technology platforms. Company has not performed and does not claim to have performed any criminal background check or other investigation into the qualifications of its Athletic Trainers. Company recommends that Client perform its own research and investigation into any Athletic Trainer with whom Client has been matched and discuss any concerns Client may have with the Company. Additionally, Company has not performed and does not represent that it has performed any medical evaluation of Client or otherwise determined Client’s fitness or suitability for use of the Services. Company recommends that Client consult with a physician of their choice or some other licensed medical practitioner about the risks of beginning this or any other diet or nutritional plan. 

  5. Representations of Client; limitations on liability.  Client acknowledges that Company has recommended Client perform its own research and investigation into any Customer Success and technology tool used in WaveOn Membership.. Client also acknowledges that Company has recommended consulting with Client’s physician of choice or other licensed medical practitioner prior to entering into this Agreement and that Client has either done so or voluntarily and knowingly declined to do so despite Company’s recommendation. Client agrees to release Company from liability for any injury, whether physical, emotional, reputational, or otherwise, suffered by Client as a result, whether direct or indirect, of this Agreement or the Services provided pursuant to it. Client further agrees to indemnify and hold Company harmless from any claims that may be brought against Company as a result of this Agreement or the Services provided pursuant to it, whether such claims are made by Client or a third party.

  6. Injunctive Relief; Remedies.   If Client materially breaches or threatens to commit a material breach of this Agreement, Company shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Company under law or in equity: (i) the right and remedy to have this Agreement specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Company and that money damages alone will not prove adequate remedy to Company; and (ii) the right and remedy to require Client to account for and pay over to Company all compensation, profits, monies, accruals, increments or other benefits derived or received by Client as the result of any transactions constituting a breach of this Agreement. Company may exercise its rights and remedies under this Agreement without the necessity of proving actual damages or posting bond. Moreover, if Client breaches any of the provisions of this Agreement, the running of any restrictive period shall be suspended during the continuance of any actual breach or violation.

  7. Effect of Invalidity.  If any court determines that this Agreement, or any part thereof, is unenforceable because of the duration of a specific provision or the area covered thereby, such court shall have the power to reduce the duration or area of such provision and, in its reduced form, such provision shall then be enforceable and shall be enforced.  If any provision of this Agreement is held by a court to be invalid, void, or unenforceable and the court does not elect to reduce such provision, this Agreement shall be deemed amended to delete there from such provision or portion adjudicated to be invalid or unenforceable without in any way affecting the remaining parts of this Agreement, such amendment to apply only with respect to the operation of this Agreement in the particular jurisdiction in which such adjudication is made.

  8. .  The Parties agree that this Agreement may be terminated by any Party, at any time, with or without prior notice to the other Party. Client’s obligation to pay Compensation under Section 2 of this Agreement will remain unaffected by any such termination by Client, and Client shall not be entitled to a refund of any Compensation already paid. The Parties further agree that Sections 3(d) and 5 shall survive termination of this Agreement.

  9. Entire Agreement; Amendment; Waiver; Assignment.  This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein. This Agreement completely replaces and supersedes all prior written or verbal agreements between the Parties. This Agreement may not be modified or amended except in a writing signed by both Parties. No waiver or discharge of any breach of this Agreement shall be effective unless it is in a writing signed by both Parties.  Any waiver of any breach of any provision of this Agreement shall not be a waiver of any subsequent breach of the same or of any other provision of this Agreement.  Neither this Agreement nor any right hereunder nor interest herein may be assigned or transferred by one Party without the written consent of the other Party. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assigns.

  10. Lack of Agency Relationship.  Client is paying Company to provide specific services of limited duration. The Parties do not have – and nothing contained in this Agreement shall be construed as creating – an employment relationship or agency relationship between the Parties.

  11. Governing Law.  This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New Mexico, without regard to the conflict of laws principles thereof. Parties agree that personal jurisdiction shall exist in the State of New Mexico and that the State of New Mexico shall have subject-matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement.

  12. . The headings preceding the text of Sections of this Agreement are for convenience of reference only and shall not be deemed part of this Agreement.

  13. Advice of Counsel.  Client represents and warrants to Company that they have been advised of their right to obtain the assistance of legal counsel with respect to their rights and obligations under this Agreement, and they are not relying on Company, its directors, officers, shareholders, attorneys, accountants, or agents for any advice with respect to or in connection with Client’s rights and obligations under or in connection with this Agreement.

  14. .  Any dispute, controversy, or claim arising out of, in connection with, or relating to the performance of this Agreement or its termination shall be resolved by arbitration in the State of New Mexico. Any award issued pursuant to said arbitration shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in a court of competent jurisdiction.

  15. Counterparts; Execution; Electronic Signature and Delivery.  This Agreement may be executed in multiple counterparts by the Parties. All counterparts so executed shall constitute one agreement binding upon all parties, notwithstanding that all parties are not signatories to the original or the same counterpart. Each counterpart shall be deemed an original to this Agreement, all of which shall constitute one agreement to be valid as of the date of this Agreement. Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act ("E-Sign Act"), Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act ("UETA") and any applicable state law. Any document accepted, executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed.

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