Sweat Test Waiver Form

Sweat Test Waiver Form V.VPN-US.1.1

Last updated: May 6, 2022

Please read and sign this Sweat Test Waiver and Release of Liability before taking the Precision Hydration Sweat Test.

In consideration of the risk of injury while participating in sweat testing (the "Activity"), and 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 Sweat Test 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 do hereby release and forever discharge Victorem, LLC (d.b.a. Victorem Performance Nutrition), located at 3450 Stuart Rd, Brenham, TX, USA, its affiliates, managers, members, officers, directors, agents, attorneys, insurers, employees, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "VPN”), for any physical or psychological injury, 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.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PROPERTY DAMAGE, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I understand that I will take a Precision Hydration Sweat Test that involves placing two electrodes on the inside of my forearm and passing a 9V Direct Current through them to initiate a sweat sample from the positive electrode. I understand that I will likely experience a slight tingle as a result of the current passing through my skin. I understand that this is normal and I should not be anxious about it. I understand that in exceedingly rare instances I might experience a slight burning sensation at the positive electrode. If I do, I will inform the testing technician immediately. I understand that they will terminate the test.

If, for any reason whatsoever during the test I feel anxious or uncomfortable and would like the test to stop I will inform the testing technician. I understand that they will terminate the test at my request.

I understand that if I have information about my health status or previous experiences with tests such as this that is important for the technician to know, I will fully disclose such information to the technician prior to the test initiation.

I agree to indemnify and hold harmless VPN 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 VPN incurs any of these types of expenses, I agree to reimburse VPN.

I acknowledge that VPN is not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific activity on behalf of VPN.

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 VPN 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 VPN 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 VPN.

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 VPN 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 VPN beyond what may be offered freely by VPN in the event of such injury or medical expenses incurred by me.

I hereby release and forever discharge VPN from any claims whatsoever which arise or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my participation in the Activity.

In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

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 Texas. 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 Washington County, Texas, 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 VPN and myself.

I agree and acknowledge that this Release shall be considered to have been drafted mutually by myself and VPN 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.

I have asked the test technician any questions I have pertaining to the Precision Hydration Sweat Test and I understand that performance of the Precision Hydration Sweat Test is completely VOLUNTARY and I am able to stop the test at any point. I hereby attest that I am in good health and my physical condition HAS BEEN VERIFIED by a licensed medical doctor. I hereby attest that I am not aware of any current or prior medical conditions that would cause me problems during this test. I understand that there will NOT be a physician or qualified medical staff on site during my test.

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.

20 of 20 spots left

August 2026