Compliant Technologies LLC (hereinafter COMPLIANT) is a limited liability company of Kentucky. COMPLIANT is a manufacturer and distributor of Conductive Distraction and De-escalation Device(s) (hereinafter PRODUCT(S)). The PRODUCTS are designed for use by law enforcement, corrections, security, military and emergency medical services personnel.
When an activated PRODUCT contacts a VOLUNTEER’S dermis (skin), an electrical stimulus temporarily interferes with the VOLUNTEER’S dermal nerve endings near the PRODUCT’S contact with the epidermis. The electrical stimulation of the dermal nerve endings is of sufficient current to temporarily alter the VOLUNTEER’S normal perception. COMPLIANT and its agents do not require the VOLUNTEER’S to receive an electrical stimulation. The PRODUCTS do not utilize any projectile penetrating the skin of the VOLUNTEER.
In person and online, COMPLIANT’s certified instructors (agents) provide training sessions in the use of the PRODUCTS to law enforcement, corrections, security, military and emergency medical services personnel. Compliant is aware that persons may desire to experience a PRODUCT’s electrical stimulation other than in a training session. Such persons shall be identified as VOLUNTEERS.
During previous COMPLIANT training sessions, thousands of TRAINEES at the request of their employers have been subjected to a PRODUCT’S electrical stimulus without any long term adverse effects, i.e., any alteration of the TRAINEE’s normal perception was temporary. The above being said – COMPLIANT’S dang law firm tells us that we have to inform VOLUNTEER’S of the following potential risks.
I. Potential Risks For The VOLUNTEER Receiving An Electrical Stimulus From A PRODUCT
Read, understand, and follow all current instructions, warnings, and relevant training materials before voluntarily receiving an electrical stimulus from a PRODUCT. Failure to do so could increase the risk of death or serious injury to the volunteer, instructor, participants or others.
Before any exposure to an electric stimulus generated by the PRODUCTS, the VOLUNTEER must first read and then sign this RELEASE of COMPLIANT and its agents from Liability for a VOLUNTEER Voluntarily Receiving an Electric Stimulus.
Support personnel will be in proximity to the VOLUNTEER to minimize any potential adverse consequences associated with VOLUNTEER’s loss of normal perception. An electrical stimulus to the VOLUNTEER’s dermal nerve endings should last no longer than five seconds.
Before receiving an electrical stimulus the VOLUNTEER is advised of the following potential adverse effects:
An electrical stimulus to the VOLUNTEER’s dermal nerve endings could: result in injuries to muscles, tendons, ligaments, cartilage, discs, joints or bones or cause ruptures, strained or sore body parts, induce seizure resulting in injury, alter blood chemistry, blood pressure, respiration, heart rate and rhythm, adrenaline and stress hormones, among other biometrics, result in anger, fear, increased heart and respiratory rates, mental and physical discomfort, startle and/or stress, debilitating exhaustion, confusion, memory loss, nausea, headache, jaw pain or muscle aches. One or more of these adverse potentially adverse events could be fatal for a VOLUNTEER.
Persons with one or more of the following diseases and/or conditions could have an increased risk of adverse events. Those diseases and conditions are: asthma or other breathing disease or condition; lung disease or condition; heart disease or condition; previous stroke, nerve or brain, disease, disorder or injury; delirium; fractured bone; compressed spinal cord, injured or fractured vertebrae or disc; hernia; torn or injured muscle, tendon or ligament; epilepsy or a history of seizures; eye disorders such as glaucoma or macular degeneration; liver disease; pancreatic disease; gastrointestinal disease; high blood pressure or low blood pressure; an endocrine or metabolic disorder/imbalance; an implanted device, transplanted organ or tissue; received a Covid-19 vaccine; any surgical procedure within the last sixty (60) days; drug or alcohol abuse or intoxication; age 55 or older; removable dental work or artificial teeth not permanently attached to dental bone; and any person who is taking medications for any of the above diseases or conditions.
Prolonged or continuous electrical stimuli could contribute to cumulative exhaustion, stress, cardiac, physiologic, metabolic or respiratory irregularities and associated medical risks which could increase the risk of death or serious injury.
Due to potential unknown adverse consequences to the Baby, COMPLIANT and its agents recommend that, a Pregnant or Possibly Pregnant VOLUNTEER should not voluntarily subject herself to any electrical stimulus.
II. VOLUNTEER Voluntarily Consents To Receive An Electrical Stimulus Generated By One Or More Of The PRODUCTS
By signing below, VOLUNTEER voluntarily consents to receive one or more electrical stimulations to the dermal nerve endings generated by the PRODUCTS. VOLUNTEER authorizes COMPLIANT’s certified instructor to use the PRODUCTS to administer one or more electrical stimulations to the VOLUNTEER. Neither COMPLIANT or its agents require the VOLUNTEER to receive any electrical stimulation from the PRODUCTS.
III. Approved Instructor/Volunteer
During the VOLUNTEER’S electrical stimulation by a PRODUCT, only an instructor certified by COMPLIANT shall administer an electrical stimulus from the PRODUCTS to the VOLUNTEER.
IV. VOLUNTEER’s CONSENT To Receive An Electrical Stimulus Generated By The PRODUCTS
In consideration of and as a condition precedent to receiving an electrical stimulus by the one or more of the PRODUCTS, I, the VOLUNTEER, identified below, agree that:
- I agree to receive one or more electrical stimuli directed toward my dermal nerve endings during my electrical stimulation session. I will receive one or more electrical stimuli from a PRODUCT administered by the certified instructor. The one or more electrical stimuli will likely cause my normal perception to be temporarily altered.
- I have read and understand this VOLUNTEER’s Release From Liability For Voluntarily Receiving An Electrical Stimulus (hereinafter CONTRACT). This CONTRACT releases COMPLIANT and its agents from liability associated with me receiving one or more electrical stimuli from a PRODUCT. I have read, fully understand, and accept the risks as stated in this CONTRACT and current warnings (“Risks”) and that these Risks exist whether or not I have pre-existing injuries or conditions. With full knowledge of the risks, I voluntarily agree to receive one or more electrical stimuli from a PRODUCT. This CONTRACT is a valid agreement between me and the certified instructor, COMPLIANT and its agents including their respective agents, directors, officers, owners, management, distributors, employees and successors (hereinafter RELEASED PARTIES).
- This CONTRACT is binding on me and my current/future beneficiaries or heirs, assigns, fiduciaries, family members, legal representatives and successors. With regard to the RELEASED PARTIES:
- I specifically hold the RELEASED PARTIES harmless for any harm to me, and if female, to any harm to any unborn child gestating in my womb, from the administration of any electrical stimulus from the PRODUCTS to me; and
- I specifically hold the RELEASED PARTIES harmless from any and all claims including but not limited to strict liability, breach of warranty, failure to warn or any other cause of action including negligence or gross negligence from the administration of an electrical stimulus from the PRODUCTS to me. Further, I specially waive any statutory or common law rights I have or may have related to any unknown cause of action that is or could be related to receiving an electrical stimulus from the PRODUCTS.
- I agree that I or no one acting in my behalf will bring a cause of action against the RELEASED PARTIES where the cause of action is related, in whole or in part, to one or more electrical stimuli from the PRODUCTS. Further, if I am female and carrying any unborn child gestating in my womb whether subsequently born or not, I was warned not to receive an electrical stimulus from the PRODUCTS, and I agree that I or no one acting in any such child’s behalf will bring a cause of action against the RELEASED PARTIES where the cause of action is related, in whole or in part, to one or more electrical stimuli from the PRODUCTS that was/were administered to me.
- This CONTRACT contains the entire agreement between VOLUNTEER and RELEASED PARTIES. In consenting to receiving one or more electrical stimuli from the PRODUCTS, VOLUNTEER is relying solely on this CONTRACT and not any other statement, writing, expression verbal or written communication by or from the RELEASED PARTIES.
- I am of the required legal age to enter into contracts in my jurisdiction and I voluntarily consent to receive one or more electrical stimuli from a PRODUCT. Among other things, I understand that receiving one or more electrical stimuli from the PRODUCT could be injurious or fatal. I assume all risks, whether known or unknown, foreseen or unforeseen, inherent with receiving one or more electrical stimuli from the PRODUCTS. By signing below, I agree to all terms of this CONTRACT.
- If any provision of this CONTRACT is adjudicated to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of any other provision of this CONTRACT.