In consideration of the services of Metabolic Profiling Technologies, LLC, doing business as “MetPro,” its agents, owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “ MetPro”) I hereby agree to release and discharge MetPro, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows (the “Release”):
1. By accepting these terms, I will not hold MetPro responsible for any injury, illness, allergic reaction, or lack of results while engaged in a diet or fitness program or at any time in the future. I acknowledge that MetPro’s services are not those of a physician or medical professional and are not to be used in the place of medical advice. I completely acknowledge that I am simply receiving advice and that it is my choice to adhere to the provided advice. I understand that I should see my health care professional prior to making any lifestyle or nutrition changes. My participation in this program is voluntary.
2. METPRO IS NOT A MEDICAL ORGANIZATION. ANY GENERAL ADVICE, FITNESS OR NUTRITIONAL STRATEGIES, OR DOCUMENTATION SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. THE SERVICE IS NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION. I understand that it is my responsibility to consult with my physician before starting a nutrition and fitness program with MetPro. I hereby affirm that I am in good physical condition and do not suffer from any mental or physical disability which would prevent or limit my participation in a program provided by MetPro. Any advice regarding dietary supplements provided by MetPro is strictly done so by opinion only, and these products may not have been approved by the FDA. Any companies or products mentioned by MetPro are not affiliated with MetPro and MetPro is not liable for any negative repercussions. I understand that I am responsible for understanding my own body and the health risks involved in consuming a dietary supplement.
3. I understand that I am participating in a program of strenuous physical activity including but not limited to walking, hiking, running, swimming, biking, resistance training, weight training, cardiovascular exercise and the use of conditioning and exercise equipment.
4. I AM AWARE THAT, IN PARTICIPATING IN ANY METPRO ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, ACCESSING ONLINE TOOLS OR MOBILE APLICATIONS, ACCESSING OR USING THE EQUIPMENT, PARTICIPATING IN EXERCISE ROUTINES, AND/OR PARTICIPATING IN ANY DIETARY PROGRAMS, I MAY BE EXPOSED TO INHERENTLY DANGEROUS CIRCUMSTANCES, CONDITIONS AND ACTIVITIES, INCLUDING, WITHOUT LIMITATION, PHYSICAL HAZARDS, STRENUOUS EXERCISE, INJURY BY EXERCISE EQUIPMENT, USE OF FREE WEIGHT TRAINING EQUIPMENT, ALLERGIC REACTIONS, AND OTHER DANGEROUS CONDITIONS, ANY OF WHICH MAY CAUSE SIGNIFICANT PERSONAL INJURY OR DEATH TO ME OR DAMAGE TO MY PERSONAL PROPERTY. I ALSO UNDERSTAND THAT SUCH SIGNIFICANT PERSONAL INJURY OR DEATH TO ME OR DAMAGE TO MY PERSONAL PROPERTY MAY BE CAUSED BY MY ACTIVITIES, AS WELL AS THE ACTIVITIES OF OTHER METPRO MEMBERS, STAFF, AND/OR THIRD PARTIES. I FURTHER UNDERSTAND THAT THE FOREGOING RISKS CANNOT BE ELIMINATED, EVEN WITH THE EXERCISE OF REASONABLE CARE ON MY PART OR METPRO’S PART. NONETHELESS AND WITH FULL UNDERSTANDING AND AWARENESS OF THESE RISKS, I ACCEPT ANY AND ALL RISKS OF PERSONAL INJURY TO ME, INCLUDING DEATH, DAMAGE TO MY PROPERTY, AND ANY INJURY OR DAMAGE TO ANY THIRD PARTIES ARISING FROM OR IN ANYWAY RELATING TO MY PARTICIPATION IN ANY METPRO ACTIVITIES, REGARDLESS OF FAULT. I ALSO ACKNOWLEDGE AND ACCEPT THAT MY PARTICIPATION IN THE PROGRAMS PROVIDED MAY NOT RESULT IN ANY ANTICIPATED RESULTS OR BENEFITS, AND I ACCEPT SUCH RISK. I, ON BEHALF OF MYSELF AND MY SUCCESSORS, ASSIGNEES, HEIRS, GUARDIANS AND LEGAL REPRESENTATIVES, HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE METPRO, ITS OFFICERS, DIRECTORS, AGENTS EMPLOYEES, TRAINERS, CONSULTANTS, LEGAL COUNSEL, AND SUCCESSORS AND ASSIGNS ITS GUIDES, AFFILIATE COMPANIES, SHAREHOLDERS, OFFICERS, DIRECTORS, CONTRACTORS, PRINCIPALS, AGENTS, AND EMPLOYEES (COLLECTIVELY THE “RELEASED PARTIES”), OF AND FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES DEBTS, LIABILITIES, ACCOUNTS, OBLIGATIONS, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), LIENS, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE WHATSOEVER FOR INJURY, DEATH OR DAMAGE BASED UPON OR ARISING OUT OF ANY MATTER, CAUSE, FACT, THING, ACT OR OMISSION WHATSOEVER RELATING TO OR OCCURRING DURING OR RELATED TO MY PARTICIPATION IN ANY METPRO ACTIVITIES OR FOLLOWING ANY METPRO ADVICE, INCLUDING WITHOUT LIMITATION, ACCESSING AND USING THE EQUIPMENT, METPRO PREMISES, APPLICATIONS, TECHNOLOGIES, AND METPRO METHODOLOGIES. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INDEMNIFICATION SHALL BE PROVIDED REGARDLESS OF FAULT.
6. I agree that the foregoing liability waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the state of California and that if any portion thereof is held invalid, it is agreed that the remaining provisions shall continue in full force and effect. Likewise, I agree that if legal action is brought, it must be brought in Butte County, California.
7. Your privacy and the security of your personally identifiable information are very important to us. We want you to be as comfortable as possible with Metpro knowing that we have the highest commitment to protect your information.
Your Client Privacy Information is held in the strictest confidence and is not shared or utilized outside of MetPro. Client Privacy Information is specific personal information which includes name, address, phone number, personal communication with MetPro, as well as images and photographs.
Your Client Data is comprised of information related to how the MetPro program is utilized by our clients and the associated results.
In order to (a) provide the service to you, (b) analyze and improve the Service, Site, Application, Documentation, and MetPro Offerings, and (c) conduct research on the efficacy of the Service, Site, Application, Documentation and MetPro offerings, I hereby grant, and represent and warrant that I have the right to grant MetPro a royalty-free, worldwide, irrevocable and perpetual right and license to store, copy and use my Client Data.
I further grant MetPro permission to publish de-identified Client Data (i.e., Client Data that is made anonymous by removing your name and other identifiers that could foreseeably be used to identify you) as part of research studies, academic papers, and scholarly articles based on any such research.
8. I acknowledge that I have had an adequate opportunity to seek and obtain the advice of counsel before executing this Release. This Release contains all of the agreements of the parties hereto with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matters shall be effective for any purpose with respect to the subject matter hereof. No provision of this Release may be amended or added to, except by an agreement in writing signed by the parties hereto or their respective successors in interest.
9. I have read this liability waiver and assumption of risk and fully understand its terms. I understand that I am giving up my right to sue. I acknowledge that I am agreeing to these terms freely and voluntarily, and intend my agreement to these terms to be a complete and unconditional release of all liability to the greatest extent allowed by law in the State of California.
Effective Date: January 1, 2017