Last updated: November 10, 2026.

Assumption of Risk and Release

This Assumption of Risk and Release (this “Release”) is an agreement between you and Alienguards, LLC (“AlienGuards,” “we,” “us,” or “our”), 25 S 3rd St, Unit 105, San Jose, CA 95113. It is part of the Terms of Service. You accept this Release when you accept the Terms of Service. If you are buying for a minor, you accept this Release on your own behalf and as parent or legal guardian on behalf of the minor.

Please read this carefully. It affects legal rights that you might otherwise have, but only to the extent those rights may be limited by agreement under applicable law.

1. Voluntary participation

You have chosen to buy and use an at-home impression kit and a custom sports mouthguard without an in-person visit to our facility. You understand that this is not the same as a professionally taken impression and fitting in a dental office or by a qualified athletic trainer, and that we are not your dentist or trainer. You have read the Terms of Service, Medical & Product Disclaimer, and Impression Kit Instructions & Safety.

2. Inherent risks of sports

You understand that sports and other physical activities involve inherent risks of injury, including but not limited to cuts, bruises, broken or loosened teeth, injuries to the lips, tongue, jaws, and face, jaw-joint problems, and head injury including concussion, whether or not a mouthguard is worn. You understand that an AlienGuards mouthguard cannot prevent all injuries and does not guarantee protection against injury or concussion or a reduction in injury severity.

3. Inherent risks of the kit and the guard

You also understand that taking an impression at home and wearing a mouthguard involve inherent risks that cannot be eliminated entirely, including:

• Gagging, coughing, vomiting, choking, or aspiration of impression material, a tray, or a piece of a guard;
• Irritation, abrasion, or injury to the teeth, gums, lips, tongue, or jaws; pulling or loosening of a tooth, crown, bridge, or orthodontic appliance;
• Allergic or sensitivity reactions to impression materials or to the materials in a guard;
• A poor fit if impressions are incomplete, distorted, or poorly seated, or if teeth change after the impression is taken, including in a growing athlete;
• Injury made more likely by using a guard that is worn, cracked, loose, or modified, or by chewing the guard;
• For a minor, all of the above, which can be more serious if a child is unsupervised.

This list is not complete. You accept that other risks may exist.

4. Assumption of risk

You voluntarily assume the inherent risks of participating in sports or other activities while using or not using the product, and the inherent risks of using the kit, mailing impressions, and wearing the mouthguard, to the maximum extent permitted by law. You are responsible for following the Impression Kit Instructions & Safety, supervising any minor, inspecting and replacing the guard when worn, answering questions truthfully, and seeking appropriate care if a problem or injury occurs.

5. Release of claims (limited)

To the maximum extent permitted by applicable law, you release and discharge Alienguards, LLC and its members, managers, employees, contractors, and affiliates (the “Released Parties”) from claims, liabilities, and damages arising out of or relating to the inherent risks described above, or arising out of ordinary negligence of the Released Parties in connection with the kit, impressions, or mouthguards, including claims for personal injury or property damage.

This Release does not and cannot release claims that California law does not allow you to release in advance. California Civil Code § 1668 provides that a contract is against the policy of the law if it, directly or indirectly, exempts a party from responsibility for its own fraud, willful injury to the person or property of another, or violation of law, whether willful or negligent. A release of liability for future gross negligence is also unenforceable under California public policy (City of Santa Barbara v. Superior Court, 41 Cal.4th 747 (2007)). Nothing in this Release waives or limits:

• Liability for fraud, willful injury, or gross negligence;
• Liability for a violation of law, including non-waivable rights under the Consumers Legal Remedies Act (Civ. Code § 1751) and the Song-Beverly Consumer Warranty Act;
• Your right to file a complaint with the Dental Board of California (Bus. & Prof. Code § 1683.2); or
• Any other claim that cannot be released or limited as a matter of law.

The limitation of liability and warranty provisions in the Terms of Service also apply, with the same statutory exceptions.

6. Minors

If the product will be used by a person under 18, the parent or legal guardian represents that they have authority to accept this Release, that they have explained the risks to the minor as appropriate, and that they will supervise impressions and use. To the maximum extent permitted by law, the parent or guardian assumes the inherent risks on behalf of the minor and releases claims the parent or guardian could assert individually, including claims for medical expenses or loss of services. This paragraph does not attempt to waive a minor’s own personal-injury claim to the extent California law does not allow a parent to waive it in advance.

7. Other terms

This Release is governed by California law, as stated in the Terms of Service, including the arbitration, small-claims, and opt-out provisions. If any part of this Release is held unenforceable, the rest remains in effect, and the unenforceable part will be modified to the minimum extent needed to make it enforceable. You have had a reasonable opportunity to read this Release and to ask questions by emailing support@alienguards.com before placing an order.