1. No Legal Representation or Advice Provided

WaiverPro, LLC, including its owners, officers, directors, employees, agents, affiliates, subsidiaries, successors, assigns, and partners (collectively, “eWaiverPro”), is not a law firm, does not employ attorneys in connection with the Services, and does not provide legal advice, legal representation, or professional legal services of any kind. 

The services, forms, templates, tools, content, and information provided by eWaiverPro, whether through its website, software, or other platforms (collectively, the “Services”), are for informational and general purposes only and are not a substitute for professional legal advice or the services of a licensed attorney. Use of the Services does not create an attorney-client relationship between you and eWaiverPro, regardless of any communications exchanged between you and eWaiverPro or its personnel.

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT, LEGALITY, AND ENFORCEABILITY OF ANY WAIVER, RELEASE, FORM, OR OTHER DOCUMENT YOU CREATE, CUSTOMIZE, DISTRIBUTE, COLLECT, OR STORE USING THE SERVICES.

eWaiverPro does not review, verify, approve, or guarantee that any waiver or document created through the Services is legally sufficient, enforceable, or compliant with the laws of your jurisdiction or the jurisdiction of any individual who signs it. Laws governing waivers, releases of liability, and electronic signatures vary significantly by state, country, and type of activity, and change over time. eWaiverPro makes no representation or warranty, express or implied, that any template, sample language, or document generated through the Services will be enforceable or will protect you from liability in any particular circumstance.

eWaiverPro strongly recommends that you consult with a qualified, licensed attorney in your jurisdiction to draft, review, or approve any waivers, contracts, or other legal documents before using them in your business or for any other purpose, and to periodically re-review them as your business, activities, or applicable law change.

You acknowledge and agree that you assume all risk associated with your use of the Services and any documents you create, customize, distribute, collect, or rely upon through them, including any risk that a waiver or document is later found unenforceable, invalid, or insufficient for any purpose. eWaiverPro shall not be liable for any consequences, damages, losses, claims, or liabilities of any kind arising from or related to the content, use, or enforceability of any such document, whether arising from your customization of a template, your selection among available options, or the underlying template itself.

2. Subscription, Billing, and Payment Terms

2.1 Free Trial Period

All new eWaiverPro monthly and annual accounts include a 14-day free trial. Unless you cancel prior to the expiration of the trial period, your trial subscription will automatically convert into a paid subscription and your designated payment method will be charged at the sooner of: (i) the end of the 14-day trial period, or (ii) the date on which you process more than thirty (30) waivers during the trial period.

2.2 Monthly Product Subscription

Your monthly subscription with eWaiverPro will start when your payment method is confirmed and pre-authorized during checkout. If you are offered a free trial period, your credit card will not be charged until the trial period has ended, at which time it will be charged the amount of the monthly subscription plan you selected.

If you do not wish your subscription to auto-renew, you may cancel your account at any time. Upon cancellation, your account will function for the remainder of the billing period, but your monthly subscription will not be renewed and waivers will cease to function at the end of that billing period.

2.3 Annual Product Subscription

Your annual subscription with eWaiverPro will start when your payment method is confirmed and pre-authorized at checkout. If you are offered a free trial period, your account will be billed at the end of the trial for a full one (1) year term. The subscription will then auto-renew each year on your anniversary date (the date you started your trial or initial paid subscription), subject to the notice procedures described in the Automatic Renewal Disclosure section below.

Annual plans pool, or combine, 12 months of waivers into one large bucket that can be used anytime during a 12-month period.

If you reach your annual plan’s waiver allowance before your anniversary date, your subscription will automatically renew on that date (rather than your original anniversary date), your payment method on file will be charged for a new annual plan, and your anniversary date will reset accordingly.

If you do not wish your annual plan subscription to auto-renew, you may cancel your account at any time by accessing the account management page. Upon cancellation, your account will remain active until your anniversary date (or until you reach your annual waiver allowance), at which point your subscription will not renew and waivers will cease to function.

2.4 Automatic Renewal Disclosure

By subscribing to eWaiverPro, you acknowledge and agree that your subscription will automatically renew as described below, and your designated payment method will be charged accordingly, unless you cancel prior to the renewal date.

Monthly Subscriptions
Your monthly subscription automatically renews each billing cycle for the same plan and price, unless you cancel prior to the end of the current billing period. If your subscription includes a free trial, your payment method will be charged when the trial ends, as described in the Free Trial Period section above.

Annual Subscriptions
Your annual subscription automatically renews for a successive one (1) year term on your anniversary date, at the then-current price for your plan, unless you cancel prior to that date. We will send a reminder notice to the email address on file at least fourteen (14) days before your annual renewal date, informing you of the upcoming charge. It is your responsibility to ensure your account email address is current so you receive this notice.

If you reach your annual plan’s waiver allowance before your scheduled anniversary date, your subscription will renew early as described in the Annual Product Subscription section above; in that circumstance, advance notice may not be possible, as renewal is triggered by your usage rather than the calendar date.

2.5 Price Changes

If your subscription price will increase upon renewal, we will provide notice of the new price at least thirty (30) days before the change takes effect, consistent with the General Terms and Conditions section below.

2.6 Changes to Your Subscription

eWaiverPro offers various monthly waiver allowances. You can upgrade or downgrade your monthly waiver allowance at any time.

• Upgrades to monthly plans will take place immediately. You will be charged the difference of the current plan and the new plan at the time you upgrade. The new plan will be billed in full on your next billing cycle.
• Downgrades to monthly plans are not prorated, and the new plan will take effect on the following billing cycle.
• Upgrades to annual plans will take place immediately and you will begin a new annual plan with a new anniversary date based on when the request is made. You will be charged the difference of the current plan and the new plan at the time you upgrade.
• Downgrades to annual plans are not prorated, and the new plan will take effect on the following anniversary date.

2.7 Exceeding Your Waiver Allowance

Standard Monthly Plans

You are allotted a set number of waiver submissions per month based on your selected plan. If you exceed your monthly allowance, you will be billed an overage fee for each additional submission. The overage rate is determined by the per-submission fee of your selected plan.

Overage charges are calculated at the end of the billing month and added to your invoice for the following month.

Legacy Plans

Customers who signed up for a plan prior to July 20, 2026, will continue to be charged at the legacy overage rate of $0.15 (15¢) per additional submission as long as they remain on that original plan. If a customer upgrades, downgrades, or switches to a different plan after July 20, 2026, the standard overage rates applicable to their new plan will apply.

Definition of Submission

“Submission” or “Waiver Submission” means an instance in which a participant (or their legal guardian) completes, signs, and submits a waiver through the eWaiverPro platform. This includes:

• A new waiver completed and signed by the participant (via QR code, kiosk, email/SMS link, booking integration, or other supported methods); or
• A previously saved waiver that is activated or confirmed for a return visit or new activity (even if no new form data is entered).

Only waivers signed by an adult count toward a customer’s monthly submission total. Waivers for minors are provided at no additional charge. For group waivers, only the adult signer’s waiver counts as one submission, regardless of the number of minors included.

Auto-Scaling Tiered Monthly Plans
These plans automatically scale as your usage grows. You will be charged according to the tier you fall into based on total waivers processed in the month. Tier pricing will be clearly displayed at signup and in your account dashboard in the account settings page.

Important: Auto-scaling tiered plans are available up to 25,000 waivers per month. Exceeding 25,000 waivers in any billing month requires an Enterprise Agreement.

Annual Plans
Annual Plans “pool” twelve (12) months of waivers into one large bucket to be used during a period of up to one (1) year. In the event you exceed your waiver allowance in an Annual Plan prior to the plan’s anniversary date, a new annual subscription will automatically start from the date you exceed the allowance and your annual subscription plan will have a new anniversary date.

Enterprise Plans
In the event you exceed the waiver allowance as part of an Enterprise Plan, you will be billed at the agreed-upon per-waiver cost for each waiver that exceeds your allowance at the beginning of the following month or billing period.

2.8 Enterprise Plans

Notwithstanding anything to the contrary in these Terms and Conditions, customers on an Enterprise Plan (as determined by eWaiverPro, LLC in its sole discretion) remain subject to all provisions of these Terms and Conditions, except to the extent that a separate, mutually executed Enterprise Service Agreement or other written enterprise documentation (collectively, the “Enterprise Agreement”) expressly provides otherwise.

In the event of any conflict between these Terms and Conditions and the Enterprise Agreement, the Enterprise Agreement shall control solely with respect to the specific matters expressly addressed therein (e.g., pricing, payment terms, usage allowances, overages, billing cycles, service levels, support obligations, termination rights, or liability limitations). All other provisions of these Terms and Conditions – including, without limitation, acceptable use restrictions, intellectual property ownership, confidentiality, data protection, warranties, indemnification, and general limitations of liability – shall continue to apply in full.

By subscribing to, accepting, or using an Enterprise Plan, you acknowledge and agree that you are subject to these Terms and Conditions as modified by the applicable Enterprise Agreement. No Enterprise Plan subscription shall become effective until the Enterprise Agreement has been fully executed by both parties (or accepted through such other method as may be specified in the Enterprise Agreement).

2.9 Failed Payments

Your subscription fee is billed in advance for each billing period. If your payment method is declined, we will notify the account owner via email and/or SMS and will make multiple attempts to process the payment automatically over the course of the grace period described below.

Your account will remain active and fully functional for a grace period of fifteen (15) days from the date of the initial declined payment, regardless of the number of payment attempts made during that time. You may update your payment method at any time during the grace period to resolve the issue and avoid interruption.

If payment has not successfully processed by the end of the 15-day grace period, your account will be automatically canceled and waivers will cease to function. Any grandfathered pricing or promotional discounts associated with your original plan will not carry over if you reactivate.

To reactivate a canceled account, you must select a new plan and provide a valid payment method. Upon reactivation, you will be charged: (a) a prorated fee for the 15-day grace period during which you continued to use the Services under your prior plan, calculated based on your original plan’s rate, plus (b) the full fee for your newly selected plan. A new billing cycle will begin as of the reactivation date.

2.10 SMS Notifications

Pricing and Billing: SMS notifications are available on a prepaid basis. Upon activation, your account will be charged $10 USD for a block of 200 SMS messages. Messages are deducted from your prepaid balance as they are sent. When your balance reaches zero, your account will automatically be charged another $10 for an additional 200 messages (auto-recharge). You may disable auto-recharge at any time from your account settings. Prepaid SMS credits do not expire and remain available as long as your account is active. Credits are non-transferable between accounts and non-refundable except as expressly provided below.

Refunds and Account Closure: No refunds will be issued for unused SMS credits if you cancel the SMS feature or close your account. However, you may contact support to request that any remaining SMS credit balance be applied toward your main subscription or other eWaiverPro services, subject to our approval. We reserve the right to issue refunds or credits at our sole discretion in exceptional circumstances.

Availability and Delivery: SMS notifications are currently available only to telephone numbers with a +1 country code (United States, Canada, and U.S. territories). Delivery of SMS messages is not guaranteed and is subject to carrier policies, network conditions, and recipient settings. eWaiverPro is not responsible for delays, failures, or additional carrier fees that may apply to recipients.

Changes to the SMS Service: We may modify pricing, block sizes, or features of the SMS service with at least 30 days’ prior notice to you (via email or in-app notification). Continued use of the SMS feature after such notice constitutes acceptance of the changes. We also reserve the right to suspend or terminate the SMS feature for any account that violates this section or applicable law.

2.11 General Terms and Conditions for All Subscriptions

All monthly and annual subscription or upgrade plans are non-returnable and non-refundable. You may change your subscription preferences in your account. No refunds will be given due to subscription changes or cancellation.

If you allow your subscription to lapse, or do not update an expired credit card with an active one, your eWaiverPro subscription will no longer be active and will cease to function until a valid billing source is added and your account is brought current.

Subscription pricing and features are subject to change, and any changes will be announced at least 30 days prior to taking effect.

Integration or use of eWaiverPro into commercial applications, systems, or services, including but not limited to software products or platforms intended for resale or distribution to third parties, is explicitly excluded from these general terms and conditions. Commercial integrations shall be subject to a separate licensing agreement, terms and pricing.

For inquiries regarding commercial integrations, please contact dev@ewaiverpro.com.

An active internet connection is required to use eWaiverPro. Without an active internet connection your software will not function. To use features of any 3rd party systems such as, but not limited to, Bookeo, MailChimp, Google, Zapier or others, an active account with these companies will be required and is not included with your subscription with eWaiverPro.

eWaiverPro reserves the right to remove any account or account-related data if subscription fees are not paid when due, subject to the grace period and notice procedures described in the Failed Payments section above. eWaiverPro encourages you to download your customer data on a regular basis.

By using our service, you acknowledge that your data will be processed on servers located in the United States, as detailed in our Privacy Policy.

2.12 Cancelling Your Account

The owner or Super Administrator of the account has the option to cancel an eWaiverPro account at any time through your account management page. Due to security, privacy and data retention policies, only the account owner or Super Administrator can initiate a cancellation.

There are no refunds, partial refunds or credits for any cancellation for any reason. In the event you cancel your account, the account owner will have access to the account and data for a period of 30 days to download any completed waivers and customer data.

Upon termination of your account, we will handle your data as outlined in our Privacy Policy, including deletion after any required retention period.

3. Service Scope and Onboarding

eWaiverPro provides free onboarding and account setup assistance to new subscribers. This one-time support may include initial account configuration, basic guidance on getting started with the platform, and assistance with importing or creating your first waiver form(s).

We provide ongoing technical and account support to assist you in using the platform effectively. This includes responding to support requests, troubleshooting technical issues, and answering questions regarding features, integrations, reporting, and general account management.

Ongoing maintenance, management, or customization of your waiver forms, templates, or content is not included as part of the Service. You retain sole responsibility for creating, reviewing, updating, modifying, and managing all waiver forms, templates, and any associated content in your account. This includes ensuring that all forms remain accurate, legally compliant with applicable laws in your jurisdiction, suitable for your specific business operations, and appropriate for the intended use.

While we offer general self-service tools, documentation, and optional paid support services (where available), we do not assume responsibility for the ongoing accuracy, formatting, legal validity, or performance of any client-created or client-managed forms. Any assistance provided during onboarding or through technical support does not create an obligation for continued form-related services or legal review.

4. Data Retention Policy

eWaiverPro retains your account data, waiver forms, and customer-signed documents for as long as your account remains active, or as necessary to provide the Services, comply with legal obligations, resolve disputes, or enforce our agreements.

Upon cancellation or termination of your account, you will have thirty (30) days to download your completed waivers and customer data. After this 30-day period, eWaiverPro will delete or anonymize your account data and customer waivers, except where retention is required or permitted by law (for example, for billing records, fraud prevention, legal compliance, or ongoing litigation).

Backup copies of data may be retained for a limited additional period solely for recovery and security purposes before permanent deletion. Aggregated, anonymized data that does not identify you or your customers may be retained indefinitely for analytics and service improvement purposes.

Our full data handling practices, including storage locations and security measures, are detailed in our Privacy Policy. By using the Services, you consent to the collection, processing, and retention of data as described in these Terms and our Privacy Policy.

eWaiverPro reserves the right to delete any account or data immediately if required by law or if the account is found to violate these Terms.

5. User Obligations, Acceptable Use, and Licenses

5.1 License to Use Your Logo and Business Name

By signing up for our service, you hereby grant us the non-exclusive right to use your logo, trademark, and business name for the purpose of promoting our services. This includes, but is not limited to, displaying your logo and business name on our website, marketing materials, press releases, and social media channels. If you provide us with brand guidelines, we will use commercially reasonable efforts to use your logo and business name consistent with those guidelines, and we will not materially alter or modify your logo. You acknowledge that we are not liable for any harm that may arise from our use of your logo or business name, and that you have the right to request that we cease using your logo or business name at any time by providing written notice to us.

5.2 Prohibited Conduct

6. Disclaimers and Warranties

You expressly understand and agree that your use of eWaiverPro is at your own risk and that our service is provided on an “as is” and “as available” basis. eWaiverPro, LLC, and its owners, partners, members, associates, affiliates, subsidiaries, successors, assigns, employees, agents, or licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Specifically, eWaiverPro, LLC, and its owners, partners, members, associates, affiliates, subsidiaries, successors, assigns, employees, agents, or licensors make no warranty that (1) the service will meet your requirements; (2) your use of the service will be timely, uninterrupted, secure, or error-free; (3) any information obtained by you as a result of the service will be accurate or reliable; and (4) any defects or errors in the software provided to you as part of the service will be corrected.

eWaiverPro, LLC makes no representations that the service is appropriate, enforceable, or available for use in your jurisdiction. If you choose to use our service, you do so at your own discretion and are responsible for compliance with any and all applicable laws.

Users of our service are strongly advised to seek, and are solely responsible for seeking, legal advice from an attorney licensed in their jurisdiction regarding the enforceability of their waiver template(s), the use of digital waivers in their organization, and compliance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 or local laws.

Without limiting the foregoing, eWaiverPro makes no representation that the Services are suitable for use with protected health information or that they satisfy the requirements of HIPAA or any comparable health privacy law. See Section 5.3.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall eWaiverPro, LLC, its owners, officers, directors, employees, agents, affiliates, subsidiaries, successors, or assigns be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunity, arising out of or related to your use of, or inability to use, the Services, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, eWaiverPro’s total aggregate liability arising out of or relating to these Terms and Conditions or the Services shall not exceed the total amount you paid to eWaiverPro for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in this section is intended to limit liability that cannot be limited or excluded under applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless eWaiverPro, LLC, its owners, officers, directors, employees, agents, affiliates, subsidiaries, successors, and assigns from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (i) your use of the Services; (ii) the content of any waiver, form, or document you create, distribute, or collect using the Services; (iii) your violation of these Terms and Conditions; or (iv) your violation of any applicable law or third-party right.

9. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Subject to any statutory consumer or data-protection rights that cannot be limited by contract in your jurisdiction, any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the state and federal courts located in Florida.

Before initiating any formal proceeding, you agree to first contact us at legal@ewaiverpro.com to attempt to resolve the dispute informally. eWaiverPro will attempt to resolve the dispute internally within thirty (30) days of receiving your notice.

10. Force Majeure

eWaiverPro shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disaster, war, terrorism, riot, labor dispute, internet or telecommunications failure, utility outage, or failure or unavailability of third-party services or integrations (including but not limited to Bookeo, MailChimp, Google, and Zapier).