ASSUMPTION OF RISKS AND RELEASE OF LIABILITY

BY USING THE VO2 MASTER ANALYZER OR BY ACCESSING THE SITE OR SERVICES YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

THE VO2 MASTER ANALYZER IS NOT A MEDICAL DEVICE AND THE INFORMATION AND DATA COLLECTED FROM YOUR USE OF THE VO2 MASTER ANALYZER, AND USE OF THE SITE OR SERVICES, ARE NOT TO BE USED FOR MEDICAL DIAGNOSIS, TREATMENT OR ADVICE.

ASSUMPTION OF RISKS

YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN PHYSICAL ACTIVITIES, AND THE USE OF THE VO2 MASTER ANALYZER DURING PHYSICAL ACTIVITIES, CARRY INHERENT RISKS WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, HEART ATTACKS AND THE RISK OF CATASTROPHIC INJURIES, INCLUDING PARALYSIS AND DEATH.

YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE USING THE VO2 MASTER ANALZER TO ENSURE IT IS APPROPRIATE FOR YOU. IF YOU SUFFER FROM DIABETES, CLINICAL OBESITY, CHRONIC OBSTRUCTIVE PULMONARY DISEASE OR ANY PRE-EXISTING RESPIRATORY OR CARDIOVASCULAR CONDITIONS, YOU SHOULD ONLY USE THE VO2 MASTER ANALYZER WITH YOUR PHYSICIAN’S EXPRESS APPROVAL AND UNDER YOUR PHYSICIAN’S DIRECT SUPERVISION.

BY USING THE VO2 MASTER ANALYZER, YOU ACKNOWLEDGE AND VOLUNTARILY ACCEPT ALL RISKS, DANGERS AND HAZARDS, INCLUDING INJURY OR DEATH, THAT MAY RESULT FROM YOUR USE OF THE VO2 MASTER ANALYZER.

RELEASE OF LIABILITY

BY USING THE VO2 MASTER ANALYZER, YOU UNCONDITIONALLY AND IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE VO2 MASTER HEALTH SENSORS INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PROFESSIONAL ADVISORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”) FROM ANY AND ALL CLAIMS, LIABILITY, OR RIGHTS OF ACTION YOU MAY HAVE THAT ARE RELATED TO, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH YOUR USE OF THE VO2 MASTER ANALYZER, INCLUDING FOR BODILY INJURY AND DEATH, AND INCLUDING IN THE EVENT OF ANY NEGLIGENT ACTS OR OMISSIONS OF ANY OF THE RELEASEES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THIS RELEASE IS BINDING ON YOUR HEIRS AND SUCCESSORS.

YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING ASSUMPTION OF RISKS AND RELEASE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW AND THAT IF ANY PORTION THEREOF IS HELD INVALID, THE BALANCE SHALL NOTWITHSTANDING THAT INVALIDITY CONTINUE IN FULL LEGAL FORCE AND EFFECT.

HOLD HARMLESS

YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD THE RELEASEES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY, RIGHTS OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES AND COSTS (INCLUDING LEGAL FEES AND EXPENSES ON A FULL INDEMNITY BASIS) BROUGHT AGAINST, SUFFERED OR INCURRED BY ANY OF THE RELEASEES AS A RESULT OF YOUR USE OF THE VO2 MASTER ANALYZER.