ONYX EMS APPLICATION

MANDATORY SAFETY NOTICE, MEDICAL DISCLOSURE & LIABILITY WAIVER

1. Medical Safety Notice and Health Disclosure

The Onyx EMS Application and associated Electrical Muscle Stimulation (“EMS”) equipment provide a form of physical exercise that is physically demanding and may pose health risks. Use of the system is subject to strict medical suitability requirements.

1.1 Absolute Contraindications

You must not use the Onyx EMS Application or EMS equipment if you have, or reasonably suspect that you have, any of the following conditions, unless you have obtained prior written clearance from a licensed medical professional:

• Implanted electronic or electrical medical devices, including but not limited to pacemakers or defibrillators
• Cardiac arrhythmias or other heart rhythm disorders
• Neurological conditions, including but not limited to epilepsy or multiple sclerosis
• Pregnancy or suspected pregnancy
• Acute illnesses, infections, or fever
• Active or acute tumor diseases
• Untreated or uncontrolled hypertension
• Severe cardiovascular or circulatory diseases

If you are uncertain about your medical suitability, you must seek medical advice before using the Onyx EMS System. Failure to do so may result in serious injury.

2. Voluntary Participation and Assumption of Risk

By using the Onyx Application, you acknowledge and agree that:

• Your participation in EMS training is entirely voluntary
• EMS training involves inherent and foreseeable risks, including but not limited to muscle soreness, muscle strain, rhabdomyolysis, cardiovascular stress, dizziness, fatigue, loss of balance, or injury
• You knowingly, freely, and expressly assume all risks, whether known or unknown, arising from your use of the application and associated EMS hardware

You accept full responsibility for determining your physical capability to participate in EMS training.

3. Waiver and Release of Liability

To the maximum extent permitted by applicable law, you hereby irrevocably agree to:

• Waive, release, and discharge Onyx, its owners, operators, developers, licensors, affiliates, partners, officers, employees, and agents from any and all claims, demands, causes of action, damages, injuries, losses, or liabilities arising out of or related to:
  • Use or misuse of the application or EMS equipment
  • Failure to follow instructions or safety guidance
  • Failure to disclose a relevant medical condition

This waiver applies regardless of the legal theory asserted, including negligence, except where liability cannot be excluded by law due to proven gross negligence or willful misconduct.

4. Indemnification

You agree to indemnify, defend, and hold harmless Onyx and its affiliates from any claims, damages, losses, liabilities, costs, or legal fees (including reasonable attorneys’ fees) arising from:

• Your breach of this agreement
• Your misuse of the application or EMS equipment
• Any inaccurate or incomplete medical disclosures

5. No Medical Advice Disclaimer

The Onyx Application does not provide medical advice, diagnosis, or treatment. All content is provided for informational and fitness purposes only and must not be relied upon as a substitute for professional medical advice.

6. Mandatory Acceptance and Binding Agreement

By selecting “Accept”, you represent, warrant, and legally confirm that:

• You have carefully read and fully understood this Safety Notice, Medical Disclosure, and Liability Waiver
• You do not have any disqualifying medical conditions, or you have obtained appropriate medical clearance
• You accept all terms of this agreement voluntarily and without reservation
• You are of legal age and have full legal capacity to enter into a binding agreement

Acceptance of this agreement is mandatory prior to each training session.

If you do not accept these terms, access to the Onyx EMS Application and training features will be denied.

7. Governing Law and Severability

This agreement shall be governed by and construed in accordance with applicable laws of the user’s jurisdiction, without prejudice to mandatory consumer protection laws.

If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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