Are you starting a program with Lisa Marie? Please read this document and fill out the form below to confirm your acceptance.
B. Minimum Age and Ability to Bind
The Services are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
3. TERMS OF SALE
Pricing for Services can be found on the Site. LMHW reserves the right to change the prices and available Services at any time.
You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regular payments for the Services you enroll in. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations, (ii) if you use the Services in violation of this Agreement, (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment, (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses, or (v) if you fail to cooperate in an investigation or provide additional information when requested.
All sales are final.
4. CONSENT, RELEASE AND WAIVER
By enrolling in any Services, you hereby accept all risks associated with your participation in such Services, including any and all diet, fitness and work-out programs (collectively, the “Programs”) being offered as a part of or in connection with such Services.
You acknowledge and are fully aware of and understand the potential risks involved in certain health and wellness treatments, including those involved in various exercise programs, and consent to those risks, and have freely and voluntarily agreed to participate in such treatments offered in connection with any Services. You acknowledge and agree that you will be engaging in exercise and training activities that potentially involve the risk of serious injury, permanent disability or death. Other possible risks may include social and economic losses which might result from LMHW’s own actions, inactions or negligence, or the actions, inactions or negligence of others, or from the condition of the private or public premises or any equipment. Further, you acknowledge that there may be other risks not known or not reasonably foreseeable at this time. You hereby agree to assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability, or death.
LMHW and its employees and agents cannot guarantee that the Programs will be safe, effective or suitable for all individuals. You acknowledge that a physician’s approval is highly recommended prior to engaging in any physical exercise program. You hereby consent to voluntarily engage in any Programs involving a plan of vigorous exercise conditioning. You understand that no exercise plan is without inherent risks and that, regardless of the care taken by LMHW’s trainers, your personal safety cannot be assured. You understand that it is your responsibility: (a) to fully disclose to LMHW’s trainers any health issues or medications that are relevant to participation in a strenuous exercise program, (b) to inform the trainer if there are activities with which you do not feel comfortable, (c) to cease exercise and report promptly any unusual feelings (e.g. chest discomfort, nausea, difficulty breathing, apparent injury, light-headedness etc.) to your trainer, and (d) to clear your participation in any exercise program with your physician.
By enrolling in any Services you are certifying that you are in good physical condition and have no impairments which might prevent your participation in exercise activities and have been advised to consult a physician prior to beginning any Program.
5. DISCLAIMER OF WARRANTY
ALL SERVICES OFFERED ON THE SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND UNDERSTAND THAT LMHW, ITS PERSONAL TRAINERS AND OTHER EMPLOYEES ARE NOT CERTIFIED PERSONAL TRAINERS, LICENSED DIETICIANS OR PHYSICIANS AND THAT ANY INFORMATION OR GUIDELINES PROVIDED BY LMHW, ITS PERSONAL TRAINERS OR OTHER EMPLOYEES CARRY NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES REGARDING SAFETY OR FITNESS FOR A PARTICULAR PURPOSE.
6. HEALTH-RELATED INFORMATION DISCLAIMERS
THE CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY WRITTEN OR OTHER MATERIALS PROVIDED AS A PART OF THE SERVICES (COLLECTIVELY, THE “CONTENT”) SHOULD NOT BE CONSTRUED AS PROFESSIONAL MEDICAL ADVICE OR CONSULTATION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SERVICES, YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND THAT YOU WILL ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL MATTERS.
IN NO EVENT WILL A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY LMHW AS A PART OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
7. LIMITATION OF LIABILITY
In no event shall the aggregate liability of LMHW, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay to LMHW for the applicable Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LMHW AND ITS SHAREHOLDER, AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF LMHW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF SERVICES OR ANY EXERCISE PROGRAMS.
In consideration of LMHW’s provision of the Services, you hereby release and forever discharge LMHW, its shareholders, officers, directors, employees (including trainers), agents and volunteers (collectively, the “Releasees”) from any and all claims, liabilities, obligations, actions, causes of action, suits, debts, covenants, damages, judgments and demands whatsoever in law or equity or any kind, type or description, whether known or unknown, disputed or undisputed, accrued or unaccrued, liquidated or contingent, foreseen or unforeseen, asserted or unasserted, related to or in connection with any physical injuries or damages sustained by you or your personal property resulting from or connected with your participation in any of the Services or Programs being offered by Releasees, whether arising from the negligence of Releasees or otherwise.
9. APPLICABLE LAW AND VENUE
The Site is controlled by LMHW and operated by it from its offices in Ontario. Canada. However, the Site is accessible in all Provinces of Canada and in other countries. You and LMHW explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario.
11. QUESTIONS AND COMMENTS
LISA MARIE HOLMES WELLNESS INC.
By email: email@example.com
Last updated: December 15, 2017