ASSUMPTION OF THE RISK, RELEASE, AND INDEMNITY AGREEMENT

I acknowledge that the use of a COVID-19 testing kit (a “Kit”) sold by Industry Lab Diagnostic Partners (“ILDP”) requires: (1) the insertion of a nasal swab into my nose to collect a specimen (the “Procedure”); and (2) packaging of the nasal swab specimen to be mailed (the “Packaging”). I also acknowledge that both the Procedure and Packaging should be performed by a medical professional for the best and most accurate results.  I understand that:

  • I am solely responsible for selection of the medical professional to perform the Procedure and Packaging;
  • the Procedure, even when performed by a medical professional, may involve risks of personal injury resulting from the insertion of the nasal swab into my nose; and
  • there is risk that, due to a variety of factors, the results of any testing performed by ILDP on the nasal swab specimen (the “Testing”) may be inaccurate.

In consideration of ILDP’s sale of a Kit to me, to the fullest extent permitted by law, I ASSUME ALL RISKSof any use of the Kit and any reliance on results of the Testing.  I also, on my own behalf and on behalf of my heirs, executors, administrators, and assigns (the “Releasing Parties”) RELEASE all claims, including product liability/strict liability claims, for any harm, expense, loss, damage, injury, illness, or other adverse health condition that may occur as a result of my purchase of the Kit, any use of the Kit, and any reliance on the results of the Testing that I or the Releasing Parties have or may have in the future against ILDP and any of its affiliates, parents, subsidiaries, officers, employees, agents, directors, shareholders, attorneys, predecessors, successors, or assigns (collectively, the “Released Parties.”).

I agree that if I provide a Kit I have purchased from ILDP to another person (a “Third Party”), I will indemnify the Released Parties in connection with any claims, including product liability/strict liability claims, for any harm, expense, loss, damage, injury, illness, or other adverse health condition that may occur as a result of any use of the Kit and any reliance on the results of the Testing that the Third Party or the Third Party’s heirs, executors, administrators and assigns have or may in the future have against the Released Parties.

I also agree that in the event this Assumption of the Risk, Release, and Indemnity Agreement is determined to be legally unenforceable as to any claim or type of claim, such a determination will not affect its enforceability as to any other part of the document.

I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT.  I AM AWARE THAT THIS INCLUDES A RELEASE OF LIABILITY AND IS A LEGALLY BINDING AGREEMENT AND I SIGN IT OF MY OWN FREE WILL. I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OTHER THAN WHAT IS SET FORTH IN THIS DOCUMENT.