Video call waiver and release of liability
Whilst we're experts in the science of hydration, we're not medical professionals and our advice should not be taken as medical advice. If you have any medical conditions or questions related to our advice, you should consult your doctor.
The lawyers have said that we need to ask you to sign a waiver acknowledging this and promising you won't sue us. We imagine you hate legal speak as much as we do, but please read it and e-sign (back on the booking form) to complete your booking.
I agree to participate in a Sweat Expert Video Call and receive other advice and information relating to sweat and hydration from Precision Hydration Inc. (collectively, the “Activity”).
I understand that Precision Hydration Inc. will provide me with information and advice relating to sweat and hydration based on information that I provide to Precision Hydration Inc.
However, I understand and acknowledge that Precision Hydration Inc. and its employees and representatives are not medical professionals and do not hold any type of medical licenses or certifications and do not practice medicine.
I understand that that information and advice which Precision Hydration Inc. will provide to me is not medical advice.
I agree that if I have any medical questions regarding any advice or information provided by Precision Hydration Inc., I will consult my physician, or another healthcare professional.
As consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this Waiver and Release of Liability (the “Release”) and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity and any acts or omissions engaged in by me based on any advice and/or information provided by Precision Hydration Inc. (collectively, “Participant Actions”), and do hereby release and forever discharge Precision Hydration Inc., its affiliates, principals, shareholders, parent companies, managers, members, officers, directors, agents, attorneys, insurers, employees, representatives, predecessors, successors and assigns (collectively, “PH”), for any injuries, including but not limited to illness, paralysis, death, damages, economical or emotional loss, property damage, and any other injuries or damage that I may suffer as a result of my participation in the aforementioned Activity and any Participant Actions.
I agree to indemnify and hold harmless PH against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation or any other proceedings arise pursuant to any claims made by me or by anyone else acting on my behalf. If PH incurs any of these types of expenses, I agree to reimburse PH.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE PH FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST PH FOR PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER CLAIMS.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of PH. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I understand that PH does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health or disability benefits or insurance of any nature in the event of my injury, illness, death or damage to my property. I expressly waive any such claim for compensation or liability on the part of PH.
This Release was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. I agree that this Release is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Release, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
I acknowledge that I have the right to negotiate the terms and conditions of this Release but by signing below I hereby waive such right.
I agree that this Release shall be construed according to the substantive law of the state of California. Any action to enforce the terms of this Release or arising out of or relating to it shall be brought exclusively in the State or Federal Courts of Orange County, California, to which jurisdiction I consent.
I agree that no subsequent modifications or amendments to this Release shall be effective unless memorialized in a writing signed by PH and myself.
I agree and acknowledge that this Release shall be considered to have been drafted mutually by myself and PH and that no ambiguity shall be construed against any party or its attorney who drafted any portion thereof.
In the event that any provision contained within this Release shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this Release shall be determined to be unlawful or otherwise unenforceable, the remainder of this Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this Release to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
This Release may be signed electronically.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this Release. I certify that I have read this Release, that I fully understand its content and that this Release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.