The individual named below (referred to as "I" or "me") desires to participate in Nutrient New Product Testing (the "Activity") sponsored by Nutrient Foods, LLC, a Nevada Limited Liability Company with offices located at 110 Woodland Avenue in Reno, Nevada (the "Company"). As lawful consideration for being permitted by the Company to participate in the Activity and the intangible value that I will gain by participating in the Activity, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
I AM AWARE THAT IF I AM TRYING TO GET PREGNANT, AM PREGNANT, OR AM LACTATING I CANNOT PARTICIPATE IN THE ACTIVITY AND WILL BE IMMEDIATELY REMOVED FROM THE ACTIVITY ONCE THIS IS DISCOVERED. I understand people with gout have been known to experience a flare up from eating certain Nutrient meals, such as Pad Thai. I understand others with pre-existing gastrointestinal conditions like GERD, stomach ulcers, and food intolerances and allergies may experience more side effects than those without them. I understand some participants experience gastrointestinal changes such as increased gas production, changes in the smell of gas produced (flatulence), changes in stool smell and frequency, diarrhea, and constipation. However, these usually dissipate with time.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES OF CHANGING MY DIET CAN BE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT MEDICAL RESPONSES. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I represent and warrant to Company that the rights and license granted hereunder do not, and will not, violate any right of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from any third party is required in connection herewith. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, or representations and warranties. This Agreement is binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns.
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction). Any claim or cause of action arising under this Agreement shall be brought only in the federal and state courts located in Washoe County Nevada, and the parties hereby consent to the exclusive jurisdiction of such courts.
THIS AGREEMENT GIVES UP MY RIGHTS TO SUE THE RELEASEES IF AM INJURED OR KILLED BY PARTICIPATING IN THE ACTIVITY. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES.