Owner at Request of Veterinarian Form

Waiver Consent and Release – owner at request of veterinarian – Form

This Release, Waiver, Covenant not to Sue, Informed Consent, and Assumption of Risk (this “Release”) is given by [______________________________________________] [print name] (“Owner”) for himself/herself/itself, and on behalf of each of other Releasor to and for the benefit of Tropoﬂex, Inc., a Texas corporation, (“Company”) and each other Releasee. The terms “Releasor” and “Releasee” are defined below.

WHEREAS, Company manufactures, sells and distributes a patented injectable composition with the tradename of “TropoFlex™” (“Product”);

WHEREAS, Owner owns animals (including animals hereafter acquired, in whole or in part, by Owner and whether one or more animals, the “Animals”);

WHEREAS, [________________________________________] (“Veterinarian”) is or may become a veterinarian for one or more of the Animals; and

WHEREAS, Owner has requested or may request that Veterinarian administer the Product to one or more Animals (the administration of the Product by Veterinarian to an Animal, the “Procedure”) and Veterinarian’s administering the Product to the Animals is conditioned upon Owner’s execution and delivery of this Release to Company; and

WHEREAS, in partial consideration for Owner’s execution and delivery of this Release to Company and Owner’s compliance with the terms hereof, Company has agreed to provide Product to Veterinarian for Veterinarian to administer to the Animals.

Owner Owns Animals. Owner represents and warrants to Company and covenants to Company that Owner is and will be at all times that Product is being administered to an Animal or the decision is being made to perform the Procedure on an Animal, either (a) the sole owner of such Animal, or (b) the person with the sole right to direct and control the medical treatment of the Animal and make all decisions regarding medical care for the Animal, including the right to determine on behalf of all owners of the Animal whether the Animal should be administered the Product.

Informed Consent; Assumption of the Risks. Owner

acknowledges he/she/it has been informed, understands and acknowledges that the Product has not been approved by the United States Food and Drug Administration (the “FDA”) to diagnose treat, cure, or prevent disease, or to affect the structure or function of the body, and no claims about the Product have been evaluated by the FDA or made by Company; and
represents and warrants to Company that Owner understands and accepts that use of the Product is subject to risks, both known and unknown, and may cause (i) injuries (including bodily injury), infections, swelling, irritation, redness, pain, illness, exposure to pathogens and other biological and chemical hazards, disability or death, (ii) property damage, or (iii) other personal or ﬁnancial injury (any injury related to, arising out of, resulting from, or attributable to the Procedure or the use of the Product, including the items in this subsection (b), collectively, “Injuries”, and individually, an “Injury”); and
understands that the Procedure aims to improve the regeneration of collagen in damaged tissues, however animals responses to the Procedure have varied and no guarantee of improvement can be made; and
agrees that Company has answered, completely and to Owner’s satisfaction, all of Owner’s questions regarding the Product and the Procedure; and
acknowledges and agrees that at no time will Owner possess or administer any Product and that no person other than Veterinarian will administer the Product to the Animals; and
with knowledge of and after considering the foregoing, requests that Company provide Product to Veterinarian for Veterinarian to perform the Procedure on the Animals; and
represents and warrants to Company, and covenants with Company, that the Procedure will only be performed on Animals under the medical care of Veterinarian at such time and for whom Veterinarian deems the Procedure to be appropriate.

Waiver, Release and Covenant Not to Sue. owner, ON BEHALF OF HIMSELF/HERSELF/ITSELF AND FOR EACH OTHER RELEASOR, HEREBY EXPRESSLY WAIVES AND RELEASES ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST COMPANY OR ANY OTHER RELEASEE, ON ACCOUNT OF ANY INJURY (defined above), WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF COMPANY OR ANY OTHER RELEASEE OR OTHERWISE. Owner, FOR HIMSELF/HERSELF/ITSELF AND ALL OTHER RELEASORS, COVENANTS NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASES AND DISCHARGES COMPANY AND EACH OTHER RELEASEE FROM LIABILITY UNDER SUCH CLAIMS AND FOR SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT TEXAS LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT. owner UNDERSTANDS AND AGREES THAT THIS release IS a LEGALLY BINDING document AND WILL PRECLUDE owner AND EACH OTHER RELEASOR FROM RECOVERING DAMAGES FROM company or ANY other RELEASEE.

Disclaimer of Representations and Warranties. Owner acknowledges and agrees that neither Company nor any other Releasee has made any representation, warranty or assurance regarding (a) the results of the Procedure, (b) the use of the Product, or (c) reactions to, including adverse effects from, the Procedure or use of the Product. Without limiting the foregoing AND NOTWITHSTANDING ANY PROVISION HEREOF, owner ACKNOWLEDGEs AND AGREEs THAT (A) THE PRODUCT IS PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” AND (B) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING (1) WITH RESPECT TO THE PRODUCT OR THE PROCEDURE; (2) ANY WARRANTY OF MERCHANTABILITY; OR (3) ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY WAIVED. owner ACKNOWLEDGES AND AGREES THAT HE/SHE/IT HAS NOT RELIED ON ANY REPRESENTATION, WARRANTY OR COVENANT MADE BY COMPANY OR ANY OTHER PERSON OR ENTITY and will not rely on any REPRESENTATION, WARRANTY OR COVENANT MADE BY COMPANY OR ANY OTHER PERSON OR ENTITY with respect to the product or the procedure.

Indemnity. Owner agrees to defend, indemnify, and hold harmless Company and each other Releasee against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, and the costs incurred by Company or any other Releasee, related to, arising out of or resulting from (a) enforcing any provision of this Release, including the waiver, release and covenant not to sue set forth herein, (b) an Owner’s breach of any provision of this Release, or (c) any claim, including claims of third parties, related to, arising out of, resulting from, or attributable to the Procedure or the use of the Product, including any claim related to Owner’s own negligence or the ordinary negligence of Company or another Releasee.

Entire Release; Conflicts. This Release is in addition to and is not intended to replace any other agreements related to liability for Injuries that Owner executed in the past or may execute in the future. To the extent that there is any conﬂict between this Release and any such other agreement, Owner agrees that the agreement that provides the greatest protection to Company or the other Releasees against liability and the most expansive release of claims and assumption of risk allowed by law shall govern the matter. Subject to the immediately preceding sentence, this Release (a) constitutes the sole and entire agreement (i) by Owner or (ii) between Company and Owner, in each case with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Definitions: Releasor and Releasee; Binding on Releasors. For purposes of the Release, (a) “Releasor” means (i) Owner, (ii) each person or entity with an ownership interest in an Animal, and (iii) each heir, personal representative, executor, next of kin, spouse, minor child, officer (elected or otherwise), manager, director (and similar person), owner, employee, agent, affiliate, subsidiary, successor and assign of each of the foregoing; and (b) “Releasee” means (i) Company, (ii) Yellowstone Naturals LLC, a Wyoming limited liability company, (iii) manufacturers or distributors of the Product (or any portion thereof or any ingredient therein), (iv) Veterinarian and (v) the oﬃcers (elected or otherwise), managers, directors (and similar persons), owners, employees, agents, affiliates, subsidiaries, licensors, licensees, successors and assigns of each of the foregoing. Owner represents and warrants to and covenants to Company that the provisions of this Release are and will be binding on and enforceable against Owner and each Releasor.

Governing Law; Venue. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule whether of the State of Texas or any other jurisdiction. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Bexar County, Texas and Owner, for himself/herself/itself and each other Releasor Person, hereby consents to the exclusive jurisdiction of such courts.

Miscellaneous. This Release may not be amended, modified, or terminated and no provision hereof may be waived (including by action or lack of action) without the written consent of Company. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. If Owner breaches any provision of this Release, Owner agrees to immediately notify Company in writing of such breach, such notice to be provided to Company at the following address: info@tropoflexinc.com and such notice will be deemed given only when Company acknowledges its receipt to Owner. Company may change its address for notices upon notice to Owner. Owner may not assign any right or obligation under this Release without the prior written consent of Company. Subject to the preceding sentence, this Release is binding on Owner, each other Releasor and their respective successors and assigns and shall inure to the benefit Company, each other Releasee and their respective successors and assigns. Owner agrees to execute and deliver, or cause to be executed and delivered, such further documents and to do all such things and acts as Company may reasonably request in furtherance of the provisions and purposes of this Release and the transactions contemplated hereby. Owner further agrees that this Release is intended to be as broad and inclusive as is permitted by applicable law, including the laws of the State of Texas. When used in this Release, the term (a) “including” means “including, without limitation” or “including, but not limited to”, (b) “or” has the inclusive meaning represented by the term “and/or”, and (c) the singular shall include the plural and vice versa. All notices to Owner pursuant to this Agreement shall be provided to the email address for Owner provided below (or if no email address is provided below for Owner to any address for Owner in Company’s records at the time the notice is given) and shall be deemed given upon being sent to such email address.

Owner acknowledges and agrees that (a) he/she/it has read and understands the terms of this Release, (b) has, if Owner so desired, (i) had counsel of his/her/its choice review this Release and advise him/her/it on the terms of this Release or (ii) voluntarily declined such representation and advice, and (c) he/she/it is freely and voluntarily executing and delivering this Release.