The Activity: I have requested and agree to participate in a Sweat Expert Video Call to discuss with Precision Hydration Limited (“PH“) my sweat and hydration characteristics and requirements (“Information“) based on information which I provide, which I promise will be accurate (collectively, the “Activity”).
I am not receiving medical advice: I understand and acknowledge that PH and its employees and representatives are not medical professionals, do not hold any type of medical licenses or certifications, and do not practice medicine. Accordingly I accept that none of the Information is medical advice and I agree that if I have any medical questions regarding my health or any Information I receive, I will consult my doctor or another healthcare professional.
Except in limited circumstances such as personal injury or death caused by negligence, I waive my rights to bring a claim and I release Precision Hydration from liability for any injury, loss or damage I may suffer: As consideration for the right to participate in the Activity free of charge, I hereby, for myself and on behalf of my estate and personal representatives, knowingly and voluntarily enter into this Waiver and Release of Liability (the “Release”) and waive, to the fullest extent permitted by law, any and all rights, claims and causes of action of any kind arising out of my participation in the Activity and any acts or omissions engaged in by me based on any Information provided by PH (collectively, “Participant Actions”). I hereby release and forever discharge PH and its affiliates, shareholders, directors, employees, agents, other representatives, successors and assigns (collectively, “Precision Hydration”) from any and all liability for any injury, loss and/or damage which I may suffer as a result of my participation in the Activity and/or any Participant Actions.
I AM RELEASING PRECISION HYDRATION FROM LIABILITY AND WAIVING CERTAIN OF MY RIGHTS: SUBJECT ONLY TO THE PARAGRAPH IMMEDIATELY BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND THAT IT IS A WAIVER AND RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE PRECISION HYDRATION FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, TO HOLD PRECISION HYDRATION HARMLESS FROM THE SAME TOGETHER WITH ALL ASSOCIATED COSTS AND REASONABLE LEGAL EXPENSES AND I AGREE TO VOLUNTARILY GIVE UP AND WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST PRECISION HYDRATION FOR PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER CLAIMS.
Exception for negligence: Nothing in this Release shall limit in any way liability in respect of death or personal injury caused by negligence, nor any other losses which cannot be excluded or limited by law.
I acknowledge that I don’t have to take part in the Activity, which I am receiving free of charge, and I don’t have to sign this Release, but if I do, I am legally bound by it: I acknowledge that I am free to decide not to take part in the Activity, and not to sign this Release. By taking part in the Activity and signing this Release I agree that this Release is clear and unambiguous as to its terms, and I have the right to negotiate the terms and conditions of this Release, but by signing below I hereby voluntarily waive such right.
English law and courts, plus variation: I agree that: this Release shall be governed by and construed in accordance with the laws of England and that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Release or its subject matter or formation; if any provision of this Release is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Release; and no variation of this Release shall be effective unless it is in writing and signed by both PH and me.
This Release may be signed digitally. The parts in bold and italics shall not affect the interpretation.
By signing I am legally bound by this Release: I, the undersigned participant, in return am receiving the Activity free of charge, hereby irrevocably affirm that I am aged 18 years or older, have read this Release, fully understand its content, have had the chance to ask questions on it, am aware that it is a contract and a release of certain of my rights together with Precision Hydration’s liability, and I am signing this Release freely, intending to be legally bound by its terms.