Terms and Conditions

Last updated 2/20/2024

I, _____________, hereby acknowledge that I am the recipient or legal representative of the recipient of renting an in-home oxygen concentrator (hereinafter referred to as "the Equipment") provided by Colorado Mountain Oxygen.
In consideration for the use of the Equipment, I agree to the following terms and conditions:

1. Signer and Patient Responsible for Payment. The undersigned is the patient or the patient’s authorized representative and agrees to the terms and conditions contained on the front and back of this form and the other documentation provided by Colorado Mountain Oxygen including but not limited to the following: (a) I acknowledge that the Responsible Party (as defined below) is primarily responsible to pay the charges for the equipment and services listed in this Agreement; (b) any rental covered by this Agreement belongs to Colorado Mountain Oxygen, and the Responsible Party may be charged for any loss or damage to it; (c) I have received and fully inspected the equipment and it is complete and in good working condition without defects; (d) I have been instructed on the proper care, use, service, safe operation and maintenance of the equipment.
2. Assumption of Risk: I understand and acknowledge that the use of the Oxygen Equipment carries inherent risks and hazards. These risks include, but are not limited to, misuse of the Oxygen Equipment, failure of the Equipment, allergic reactions, bodily harm, oxygen toxicity and other unforeseen complications such as death. I understand that oxygen is flammable and that I should not smoke near oxygen concentrators or use other flammable sources, materials, or products in their vicinity. I voluntarily assume all such risks associated with the use of the Equipment. I understand for humans that this is not a medical tool but a supplemental tool for recreation and should seek medical care if symptoms worsen. I understand for pets and animals that the use of our oxygen is supplemental and recommended by a veterinarian and you should seek medical care by the vet professional if symptoms worsen.
3. User Eligibility: Age Restriction: Individuals under the age of 5 are strictly prohibited from using Colorado Mountain Oxygen's supplemental oxygen services. These services are not intended for children in this age group. Pre-existing Medical Conditions: Users with known preconditions, including but not limited to heart disease, congestive heart failure, or pulmonary complications, must be aware that Colorado Mountain Oxygen's supplemental oxygen is not a medical treatment. It should not be relied upon as a substitute for professional medical advice, diagnosis, or treatment. Please contact your provider before using supplemental oxygen.
4. Release and Indemnity: I hereby release, waive, discharge, and covenant not to sue [Colorado Mountain Oxygen], its officers, directors, employees, agents, and affiliates (collectively referred to as "the Released Parties") from any and all liability, claims, demands, actions, or causes of action arising out of or related to the use of the Equipment, including but not limited to personal injury, property damage, or any other loss, whether caused by the Released Parties or anybody one else otherwise. I agree to indemnify and hold harmless the Released Parties from and against any and all liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) incurred as a result of any claims or suits brought against any of the Released Parties arising out of or related to my use of the Equipment.

5. Responsibility and Maintenance: By signing below I acknowledge that I am responsible for all damage to the equipment, even if caused by someone else or if the cause is unknown. I am responsible for and my credit card may be charged for the full cost of repair or replacement up to the retail replacement value of the equipment in the event it is returned in a damaged condition or if I fail to return it by the required return date. I understand that I am responsible for the proper use, care, and maintenance of the Equipment. I agree to use the Equipment in accordance with all instructions, guidelines, and applicable laws and regulations. I will promptly notify Colorado Mountain Oxygen of any malfunctions, damages, or concerns regarding the Equipment.
6. Geographical Restrictions. Use of this equipment is restricted to United States. Colorado mountain oxygen is unable to support operation of the equipment outside of the Colorado or areas within the United States not serviced by Colorado Mountain Oxygen. I understand that I must consult with my Colorado Mountain Oxygen concerning my itinerary before making final trip arrangements.
7. Liability for Damage and Return. The Responsible Party shall be responsible for (i) any damage to the Rental Equipment beyond ordinary and reasonable wear and tear; (ii) the loss of the Rental Equipment while it is in the Responsible Party’s possession, and (iii) payment to the Company for any such damaged or lost Rental Equipment.
8. Insurance Coverage: I understand that it is my responsibility to maintain appropriate insurance coverage, including liability insurance, to protect myself and others in the event of any incidents or accidents related to the use of the Equipment.
9. Governing Law and Severability: This Release of Liability Form shall be governed by and construed in accordance with the laws of the state of Colorado. If any provision of this form is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

I have carefully read and fully understand the contents of this Release of Liability Form. I acknowledge that I am freely and voluntarily entering into this agreement, intending to be bound by its terms and conditions.
Signature: ___________________________
Printed Name: _______________________
Date: _______________________________