Liability Disclaimer and Release

Liability Disclaimer and Release

For

Usage of IASIS Hardware and Software Products.

The undersigned licensed clinician/doctor [Hereafter, “Licensed Clinician” or “IASIS MCN Certified Provider” (“ICP”)] absolves IASIS from any and all liability stemming from their usage of the IASIS EEG Hardware and Software (“Product”) in the treatment of any client or patient, supervising the usage of the Product by others, or other usage of the product.

ICP agrees to pay ______for the IASIS MCN Micro Current Neuro Feedback System (“System”), consisting of the EEG Hardware Device, Software and Starter Kit.

ICP agrees to pay ______for two days of training by IASIS, on the usage of the System.

MAINTENANCEANDOPERATION-ICPshallown the Hardware and be responsible for maintenance of the Hardware and Software. ICP shall operate the product in a safe and responsible manner, for the products intended use.

WARRANTY OF MERCHANTABILITY-“The seller undertakes no responsibility for thequality of the goods except as otherwise provided in this contract. The seller assumes no responsibility that the goods will be fit for any particular purpose for which you may be buying these goods, except as otherwise provided in the contract.

LIMITED WARRANTY- The EEG hardware is provided with a 1 year warranty that provides for repair or replacement. The software is provided with initial setup & 90 days of technical support. EEG Hardware warranty is limited to replacement of any defective product, upon return of the defective product to seller by purchaser. Additional technical support if required is available from IASIS for an hourly fee. $125/hr. software technical support fee after the initial 90 days for direct support of our providers.

DISCLAIMEROFWARRANTIES. SELLER (IASIS),MAKESNOWARRANTIES,EXPRESSORIMPLIED,ASTOANYMATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE SOFTWARE OR HARDWARE, ITS MERCHANTABILITY, ITSFITNESSFORANYPARTICULARPURPOSE,ORTHATITWILLMEETTHEREQUIREMENTSOFANY LAWS. IASISFURTHERDISCLAIMSANYLIABILITYWHATSOEVERFORLOSS,DAMAGE,ORINJURY TOUSERORTHIRDPARTIESASARESULTOFANYDEFECTS,INTHE SOFTWARE OR HARDWARE.

INDEMNITY.ICP/UsershallindemnifyIASISagainst,andholdIASISharmlessfrom,anyandallclaims,damages,andliabilities,includingattorney’sfees,arisingoutoforresulting fromtheuse by ICP,includingwithoutlimitation,theselection,operation,maintenanceorreturnofthesoftware or hardware.

This release extends and applies to, and also covers and includes, all unknown, unforeseen, and unsuspected injuries, damages, and the consequences thereof, as well as those now disclosed and known to exist.

INWITNESSWHEREOF,theyhaveexecutedthisAgreementthedayandyearwritten:

Licensed Clinician- ICP Printed Name:______

Signature of Licensed Clinician- ICP ______DATE ______

2) In the event, that said Licensed Clinician elects to provide supervision for the usage of IASIS products by a non-licensed user then the Licensed Clinician signer of this form certifies that he/she is a licensed clinician or doctor and will assume liability as indicated above for any non-licensed clinician/user that they opt to supervise/mentor as an IASIS MCN Certified Provider-Provisional (ICP-Provisional). This assumption of liability by the Licensed Clinician shall extend without limitation to any and all users, including employees and associates.

Licensed Clinician assuming liability for any non-licensed clinician/user or associate.

Printed Name______DATE______

Signature ______