Safety & Liability

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PURCHASING OR USING THE LIQUIDTRAINER®. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING A WAIVER OF YOUR RIGHT TO SUE GRAVITYSTREAM LLC FOR INJURIES OR DAMAGES.

This Assumption of Risk and Release of Liability (“Agreement”) is entered into between you (“you,” “your,” or “User”) and GravityStream LLC, a Colorado limited liability company doing business as LiquidTrainer (“GravityStream,” “we,” “us,” or “the Company”). It applies to your purchase, possession, and use of the LiquidTrainer® and any related training materials, video content, instructional materials, certifications, online programs, and services (collectively, the “Product”).

By purchasing, receiving, using, or permitting others to use the Product, you acknowledge that you have read, understood, and agreed to this Agreement in full.

1. Nature of the Product

The LiquidTrainer® is an athletic training and movement device consisting of a hollow apparatus filled with approximately two to three pounds of water. Users hold, swing, spin, rotate, and step through the Product while performing a wide variety of dynamic movements involving the arms, legs, torso, and full body. Use of the Product takes place in homes, gyms, outdoor settings, and other environments chosen by the User.

The Product is designed for general fitness, athletic training, sports conditioning, rehabilitation support, and movement practice. Use of the LiquidTrainer® involves dynamic physical motion with a moving, weighted, water-filled object, which carries inherent and unavoidable risks that cannot be eliminated regardless of care taken.

2. Assumption of Inherent Risks

You acknowledge, understand, and agree that physical exercise, athletic training, and use of a swinging or spinning water-filled training device carry inherent risks. These risks include, but are not limited to:

Physical injury risks:

Muscle strains, sprains, pulls, and tears
Joint injuries, dislocations, fractures, and ligament or tendon damage
Back, neck, shoulder, wrist, knee, and ankle injuries
Bruises, abrasions, cuts, or other impact injuries from striking yourself, others, or surrounding objects with the Product
Loss of grip resulting in the Product striking the User, another person, an animal, or property
Injuries from becoming tangled, tripping over, or losing balance while using the Product
Falls, slips, trips, and collisions while moving, swinging, spinning, or stepping through the Product
Cardiovascular events, including heart attack, stroke, or sudden cardiac arrest
Heat-related illness, dehydration, fainting, dizziness, or loss of consciousness
Aggravation of pre-existing physical, orthopedic, neurological, or medical conditions
Repetitive-use, fatigue, or overuse injuries
In rare circumstances, serious injury, permanent disability, or death

Property damage and environmental risks:

Damage to your home, furniture, walls, ceilings, fixtures, lighting, electronics, artwork, windows, mirrors, or other property caused by contact with the Product during use
Water damage to flooring, carpet, hardwood, rugs, subflooring, drywall, ceilings (in multi-story dwellings), furniture, electronics, or any other surface or item resulting from leakage, spillage, condensation, seepage, rupture, or any other release of water from the Product
Slip hazards created by water released from the Product
Damage to the Product itself caused by contact with surrounding objects
Damage or injury to pets, other people, or bystanders in the vicinity of use

You voluntarily, knowingly, and freely assume all such risks, both known and unknown, foreseen and unforeseen, whether arising from your own actions, the actions or inactions of others, the condition of the Product, the condition of your environment, or any other cause whatsoever, except to the extent caused by the Company’s gross negligence or willful misconduct.

3. Medical Disclaimer and Health Acknowledgment

You acknowledge and agree that:

GravityStream LLC is not a medical provider, physical therapist, athletic trainer, or healthcare professional. The Product and all associated written, video, online, and verbal materials are intended for general fitness and athletic training purposes only. Nothing provided by us constitutes medical advice, diagnosis, treatment, therapy, or rehabilitation prescription.
You should consult a qualified licensed physician before beginning any exercise program, including use of the LiquidTrainer®. Consultation with a physician is strongly recommended and especially important if any of the following applies to you:

You are pregnant, may be pregnant, are trying to become pregnant, or are postpartum
You have any cardiovascular, respiratory, neurological, musculoskeletal, orthopedic, or metabolic condition
You are recovering from any injury, illness, or surgery
You take medications that may affect blood pressure, heart rate, balance, coordination, or physical performance
You are over the age of 55
You have not engaged in regular physical activity within the past six months
You have any condition affecting balance, coordination, vision, or grip strength
You have any other condition that may make physical exercise unsafe

Pregnancy Warning. Use of the LiquidTrainer® during pregnancy or while postpartum has not been studied or evaluated by GravityStream LLC for safety. If you are pregnant, may be pregnant, or are postpartum, you must consult a qualified physician before using the Product and follow their guidance regarding suitability, intensity, and any modifications. By using the Product during pregnancy or the postpartum period, you expressly assume all risks associated with such use, including but not limited to risks to yourself and to any pregnancy.
You represent and warrant that you are physically capable of engaging in the activities associated with use of the Product, that you have no known medical condition that would make such use unsafe, and that you have either consulted a physician about your use of the Product or have made an informed, voluntary decision to proceed without doing so.
You agree to stop using the Product immediately if you experience pain, dizziness, lightheadedness, shortness of breath, chest discomfort, irregular heartbeat, nausea, blurred vision, numbness, or any other symptom suggesting injury or medical distress, and to seek qualified medical attention.

4. Proper Use of the Product

You agree to:

Read, understand, and follow all instructions, manuals, warnings, safety information, and training materials provided with or for the Product
Use the Product only for its intended purpose and only in the manner described in the official LiquidTrainer® instructional materials
Inspect the Product before each use for leaks, cracks, wear, loose fittings, or any other defect, and discontinue use if any defect, leak, or damage is observed
Ensure your training environment is safe and appropriate, including adequate overhead, lateral, and surrounding space to swing, spin, and move the Product without striking walls, ceilings, fixtures, furniture, electronics, windows, mirrors, lamps, artwork, or other objects
Use flooring suitable for movement and free of trip hazards, cords, rugs, or obstacles
Ensure that other people, children, pets, and bystanders are clear of the range of motion before use
Maintain a firm grip on the Product at all times during use
Not modify, alter, repair, refill with substances other than as instructed, or service the Product in any way not expressly authorized by GravityStream LLC
Not use the Product while under the influence of alcohol, recreational drugs, prescription medications that impair coordination or judgment, or any substance that affects physical capability
Not exceed your own physical capabilities, fitness level, or skill level, and not attempt movements that are beyond your current ability
Not use the Product on or near stairs, elevated surfaces, swimming pools, or other locations where a loss of balance could result in heightened injury risk

Failure to follow these requirements may void warranty coverage and constitutes a knowing assumption of additional risk on your part.

5. Release of Liability and Waiver of Claims

To the fullest extent permitted by applicable law, you hereby release, waive, discharge, hold harmless, and covenant not to sue GravityStream LLC and its members, managers, officers, directors, employees, contractors, agents, representatives, affiliates, licensors, authorized resellers, and successors and assigns (collectively, the “Released Parties”) from any and all claims, demands, causes of action, lawsuits, losses, damages, costs, or expenses of any kind whatsoever — including attorneys’ fees and court costs — whether known or unknown, anticipated or unanticipated, arising out of or in any way connected with:

Personal injury, illness, or death sustained by you or anyone using the Product through you or with your permission, including injuries from falls, trips, collisions, becoming tangled in the Product, loss of grip, striking yourself or others with the Product, overexertion, or any other cause arising from use of the Product;
Property damage of any kind, including but not limited to:

Damage to flooring, carpet, hardwood, tile, rugs, subflooring, drywall, ceilings, or other interior surfaces caused by water leakage, spillage, condensation, or any other release of water from the Product
Damage to furniture, lamps, lighting fixtures, electronics, televisions, computers, artwork, mirrors, windows, walls, or any other property caused by contact with the Product during use
Damage to vehicles, outdoor property, or any property of any kind caused by use of the Product

Damage or injury to third parties, including bystanders, family members, guests, or pets in the vicinity of use;
Reliance on any instructional materials, training videos, online content, certifications, written guidance, or other materials provided by or through the Company;
Participation in any LiquidTrainer® program, class, event, certification, or training, whether conducted online or in person; and
Any negligence (other than gross negligence) of the Released Parties.

This release applies to claims based on the negligence of the Released Parties to the maximum extent permitted by law. It does not apply to claims arising from the Company’s gross negligence, willful or intentional misconduct, or any liability that cannot lawfully be waived under applicable law.

6. Use by Minors

The Product is intended for use by individuals 18 years of age or older. The Company makes no representation that the Product is safe or appropriate for use by any person under 18. Use by anyone under 18 is permitted only under the conditions set forth in this Section and only with the full assumption of risk and release by a parent or legal guardian as described below.
Absolute Minimum Age. No person under the age of 8 may use the Product under any circumstances, regardless of supervision, parental consent, or any other factor. The Product is not designed, intended, or appropriate for use by children under 8 years of age.
Age-Based Use Requirements. Use of the Product by minors is permitted only as follows:

Ages 8 through 12: Permitted only when a parent or legal guardian is physically present in the same room and actively, continuously supervising every moment of use. The parent or legal guardian must, before each use, personally assess and affirm that the child possesses the physical capability, coordination, strength, balance, maturity, and judgment necessary to use the Product safely on that occasion. Use must be limited to age-appropriate movements and intensity. The parent or legal guardian is fully responsible for the safety of the child and the suitability of the training environment at all times.
Ages 13 through 17: Permitted with the prior express consent of a parent or legal guardian and with general parental supervision. The parent or legal guardian must ensure the minor has been instructed in safe use of the Product and that use occurs in a safe environment.
Ages 18 and older: Standard adult use under the terms of this Agreement.

Parental and Guardian Acknowledgment and Release. If you are a parent or legal guardian who purchases the Product for use by a minor, or who permits a minor in your care to use the Product, you expressly agree, on behalf of yourself, the minor, and the minor’s heirs, successors, executors, administrators, and assigns:

That you have read, understood, and agreed to this entire Agreement on behalf of yourself and the minor;
That you have personally and carefully assessed the minor’s age, physical size, strength, coordination, maturity, and capability, and have made an informed, voluntary decision that the minor is physically and developmentally capable of safe use of the Product with the level of supervision required by this Section;
That, for any minor between the ages of 8 and 12, you will be physically present in the same room and actively supervising every moment of the minor’s use of the Product, and that you accept full personal responsibility for the minor’s safety during such use;
That you assume all risks described in this Agreement on behalf of the minor, including all risks of physical injury, illness, death, and property damage, whether known or unknown;
That you release, waive, and discharge the Released Parties from any and all claims arising out of the minor’s use of the Product, to the maximum extent permitted by applicable law, including Colorado Revised Statutes § 13-22-107, which authorizes parents and legal guardians to release prospective negligence claims on behalf of their minor children for participation in recreational activities;
That you will ensure the minor’s training environment is safe, appropriate, and free of hazards, including adequate space, suitable flooring, and the absence of other children, pets, bystanders, furniture, or objects within the range of motion of the Product;
That you have instructed the minor in safe use of the Product and will continue to do so as appropriate; and
That you agree to defend, indemnify, and hold harmless the Released Parties from any and all claims brought by, on behalf of, or relating to the minor — including claims brought by the minor after reaching the age of majority, and claims brought by the other parent, guardian, or any third party — arising out of or in any way connected with the minor’s use of the Product.

Verification. The Company has no obligation or ability to verify the age of any user of the Product. Compliance with this Section is the sole responsibility of the purchaser, the parent, the legal guardian, and any other adult who permits a minor to use the Product.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

Your use, misuse, or possession of the Product;
Your breach of this Agreement or any representation made herein;
Your violation of any law, regulation, or third-party right;
Any injury, illness, death, or property damage suffered by you, by any person using the Product through you, by any minor for whom you are responsible, or by any bystander, guest, family member, or pet in the vicinity of use; and
Any claim brought by a third party (including a spouse, partner, child, parent, or other family member) relating in any way to your use of the Product or the use of the Product by anyone you allow to use it.

This indemnification obligation survives termination of this Agreement and your ownership or use of the Product.

8. Limitation of Liability

To the maximum extent permitted by applicable law, the total cumulative liability of the Released Parties to you, for any and all claims arising out of or in connection with the Product, this Agreement, or your use of any LiquidTrainer® materials or services, shall not exceed the amount you actually paid GravityStream LLC for the specific Product giving rise to the claim.

In no event shall the Released Parties be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, lost data, loss of use, emotional distress, or any damages for personal injury or property damage beyond the limits set forth herein, even if the Company has been advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you. In such jurisdictions, the Released Parties’ liability is limited to the smallest amount permitted by applicable law.

9. Acknowledgment of Voluntary Agreement

You acknowledge and agree that:

You have read this entire Agreement carefully and understand all of its terms;
You are agreeing to this Agreement freely, voluntarily, and without coercion;
You have had the opportunity to ask questions and to consult independent legal counsel before agreeing;
This Agreement is intended to be as broad and inclusive as permitted by Colorado law;
This Agreement is binding upon you, your heirs, spouse, children, executors, administrators, personal representatives, successors, and assigns; and
If any portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect, and any unenforceable portion shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

10. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed under the laws of the State of Colorado, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement shall be resolved exclusively in accordance with the dispute resolution provisions set forth in the LiquidTrainer® Terms & Conditions, which are incorporated by reference into this Agreement.

11. Entire Agreement

This Agreement, together with the LiquidTrainer® Terms & Conditions, Privacy Policy, and Warranty & Repair Policy, constitutes the entire agreement between you and GravityStream LLC concerning the subject matter hereof and supersedes any prior agreements, representations, or understandings on the same subject.

12. Contact

If you have any questions about this Agreement, please contact us at:

GravityStream LLC

c/o Daniel C. Doherty, P.C.

357 Main Street

Longmont, CO 80501

Email: team@liquidtrainer.com