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Liability Agreement

1. WESHRED Activities: WESHRED LLC offers health, athletic, wellness, classes and spa activities, and use of equipment (“WESHRED Activities”) for the enjoyment of its guests and invitees. WeShred Activities include, without limitation, yoga, hiking, horseback riding, bicycling, mountain biking, courses, boot camps, meditation, spin, archery, stretching, strength, specialty classes, spa treatments, and many other indoor and outdoor activities and permitted uses of equipment.


2. SELF-EVALUATION OF FITNESS LEVEL: I understand, acknowledge and agree that I am responsible for determining whether my current physical and mental health is capable of withstanding the demands of any and all WESHRED Activities in which I choose to participate. I understand, acknowledge and agree that WESHRED does not pre- screen or evaluate my fitness level or quality of health to determine if I am fit to engage in any WESHRED Activities. I understand that the property and facilities owned and/or operated by WESHRED are not medical facilities and do not provide medical assessment, medical treatment, medical advice or clinical treatment/services.


3. ASSUMPTION OF RISK: I understand that engaging in any WESHRED Activities offered or provided by WESHREDe LLC, or any of the “Releases” as defined below (collectively “WESHRED”), could present risk of physical or mental injuries to me or others, including permanent disability or death, or exposure to others suffering from an infectious and contagious condition, whether caused by me, or the negligence or gross negligence of others, including WESHRED or other invitees. In consideration of WESHRED allowing me to participate in WESHRED Activities, I knowingly assume any and all risk of injury, illness or death to myself associated with or arising from my participation in any and all WESHRED Activities. I understand the desert environment can be hazardous and present harm to me and others due to extreme heat, wild animals, snakes, scorpions, venomous spiders and other conditions, and that, without proper precautions, can cause illness, injury or death, and I assume any and all risk of WESHRED Activities caused by or arising from the desert environment and its conditions.


4. RELEASE: In further consideration of WESHRED allowing me to participate in WESHRED Activities, on behalf of myself, and my personal representatives, spouse, assigns, heirs, and next of kin, I hereby release, and hold harmless WESHRED LLC and Erica Stenz and their respective affiliates, subsidiaries, officers, members, agents, employees and third party providers (the “Releasees) from any and all liability for any injury, illness, death, or property damage resulting from or during my participation in any WESHRED Activities.


5. INDEMNIFICATION AND HOLD HARMLESS: I understand that known and unknown risks which I assume may be caused in whole or in part by the actions or inactions of myself, by the actions or inactions of others, or by the acts or failure to act, including any type of negligence or gross negligence, of WESHRED, its employees or third party providers, and in consideration of being permitted to engage in WESHRED Activities, I assume all risk of damage, loss, personal injury, illness or death to myself or others. In further consideration of my participation in WESHRED Activities, I agree to indemnify and hold harmless WESHRED and its third party providers from and against any and all injuries, illnesses, losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by WESHRED or its third party providers as a result of my participation in WESHRED Activities. I further agree to indemnify and hold harmless WESHRED for any injury, damage and/or harm that I cause to Erica Stenz and/or to any and all other persons and entities.


6. INTERPRETATION/GOVERNING LAW: I expressly acknowledge and agree that the foregoing ASSUMPTION OF RISK, WAIVER, RELEASE AND INDEMNITY AGREEMENT is to be interpreted as broadly as possible as is permitted by California law and if any portion thereof is held invalid, I agree the remainder shall, continue in full legal force and legal effect. This Agreement is governed by California law, and venue for any dispute arising out of this Agreement shall be resolved in Santa Monica, California.


7. BINDING ARBITRATION: Any dispute, claim, or controversy, including tort claims, arising out of or related to this Agreement, or the validity of it, shall be determined (i) by a single arbitrator, (ii) in binding arbitration in accordance with the rules of the American Arbitration Association or other rules if the parties mutually agree, and (iii) the arbitration shall take place in Santa Monica, California. Prior to initiating arbitration, the parties shall engage in good faith efforts to resolve this dispute by meeting in-person or virtually, or by private mediation if both parties agree.


8. General Assumption of Risk & Limitation of Liability

By signing this binding agreement, enrolling through an app or online, participating in any service offered, attending any facility or session or event or activity, and/or participating in any other program of WeShred LLC (“WeShred”), whether in person, remotely, online, or by telephone (collectively, WeShred’s “Services”), you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively “you” and/or “yourself”) that:


(a) there are certain inherent risks and dangers in the nature of the WeShred fitness and nutrition programs; (b) you have voluntarily chosen to participate in a physical exercise program and a nutrition counseling program; (c) you understand that WeShred strongly recommends that you consult with your health care provider before beginning any fitness, workout, or nutrition regimen; (d) you have been fully informed of the nature of WeShred’s fitness and nutrition programs and the possibility of adverse physical or physiological or psychological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack, and/or death; and (e) you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost, or damages WeShred, its coaches and instructors, its members, and its employees, for any injury, harm, or loss you may suffer, including death, as a result of participation in any WeShred Services, fitness, or nutrition programs.


[If you are enrolling a minor (15-17) years of age, or older if applicable in the minor’s state of residence, the above release applies equally to that minor. No one under 15 years of age may participate. A minor may participate only with a parent or legal guardian present.]


9. Coronavirus/COVID-19 Special Limitation of Liability

WeShred takes the Coronavirus pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19. However, WeShred cannot guarantee that you, your family, and/or your guests will not become infected with COVID-19. It is possible that attending programs, classes, events, and/or activities may place you in close physical contact with other members, attendees, and staff and could increase the risk that you, your family members, and/or your guests contract COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your family members, and/or

your guests may be exposed to or infected by COVID-19 at a WeShred activity, event, or facility and that such exposure or infection could result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 at a WeShred activity, event, or facility may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, WeShred’s employees and members.


By signing this binding agreement, enrolling through an app or online, participating in any service offered, attending any facility or session or event or activity, and/or participating in any other program of WeShred or any of its Services, you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns, and any minor child you may enroll:


(a) to assume all of the foregoing risks related to COVID-19 and accept sole responsibility for any COVID-19 related injury, illness, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you or your family members in connection with participation in any WeShred Services (“Claims”); and (b) covenant not to sue WeShred, its instructors, coaches, clients, or employees for the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind

arising out of or relating thereto based on the actions, omissions, or negligence of WeShred, its instructors or coaches, its members, and its employees, whether a COVID-19 infection occurs before, during, or after participating in a WeShred activity or event or visiting a WeShred facility or participating in any WeShred Services. You also acknowledge that some states do not allow waiver of certain types of risks so the above limitations may not all apply to you.


10. [Non-Recording of Programs You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any WeShred program or event, whether in person or online, is strictly prohibited without the prior written consent of an authorized corporate officer of WeShred. WeShred’s coaches and instructors are not authorized to provide consent. This includes even a temporary recording/transmission of a live WeShred program via online platforms such as Zoom, Teams, SnapChat, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a WeShred program before and/or after a program with the consent of each participant who is identified in your content. Any violation of this policy is grounds for exclusion from future participation in any

WeShred program. You further agree to indemnify, defend, and hold harmless WeShred, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable attorneys’ fees) resulting from your violation of this policy.]


11. Policy Prohibiting Harassment

WeShred condemns and disapproves of any unwelcomed, inappropriate, and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any WeShred personnel or any WeShred member, we encourage you to clearly and promptly tell the person engaging in the conduct that the conduct is unwelcome and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of the WeShred team. When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify location or time/type of event), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances. WeShred will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. WeShred responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations and the outcome of the investigation. WeShred strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore, confidentiality cannot be guaranteed. [Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration of Disputes Agreement below.]




Please Read the Following Carefully – It May Significantly Affect Your Legal Rights

Including Your Right to File a Lawsuit in Court


If you and WeShred do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued over a dispute arising out of this agreement, either party may initiate binding arbitration. All claims arising out of or relating to your use of the Services (including the formation, performance, and breach of this arbitration agreement), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mediation Procedure (“AAA Rules”), excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and WeShred shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state, or local court or agency, shall have

exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this arbitration agreement and all other agreements between you and WeShred shall be subject to the Federal Arbitration Act. The current AAA rules governing consumer arbitration may be accessed at Updated copies of the rules are available for review from the AAA’s website at If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two

Hundred and Fifty U.S. Dollars ($250.00), WeShred will pay the additional cost. If WeShred is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and WeShred will arrange to pay all necessary fees directly to AAA. WeShred will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. You will not be required to pay fees and costs

incurred by us if you do not prevail in arbitration. You and WeShred understand that absent this mandatory provision, you and WeShred would have the right to sue in court and have a jury trial. You and WeShred further understand that the right to discovery may be more limited in arbitration than in court. Class Action and Class Arbitration Waiver. You and WeShred each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class,

collective, or representative (“Class”) action, and you and WeShred each expressly waive our respective right to file a Class action or seek relief on a Class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and WeShred shall be deemed to have not agreed to arbitrate disputes. Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act. Exception – Small Claims Court Claims. Notwithstanding your and WeShred’s agreement to resolve all disputes through arbitration, either you or WeShred may seek relief in a small

claims court for disputes or claims within the scope of that court’s jurisdiction. 14 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and Class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at hello@ericastenz and providing the following information: (i) your name, (ii) your mailing address; (iii) a statement of your wish not to resolve disputes with WeShred through arbitration. The notice must be sent within fourteen (14) days of your agreement to the Terms of Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, WeShred will also not be bound by them. Exclusive Venue for Litigation and Governing Law. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and WeShred expressly consent that any litigation between you and us shall be filed exclusively

in state or federal courts located in Santa Monica, California (except for small claims court actions which may be brought in the county where you reside), without giving effect to any principles of conflicts of law. In the event of litigation, you and WeShred agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.]




Pre-cooked meals and transportation carries with it inherent risks that include but are not limited to health hazards resulting from improper transport, handling and storage. Pre-cooked meals, cooked, perishable or otherwise are transported, further prepared, and consumed, I, for myself, my heirs, personal representatives or assigns, agents, employees and affiliates, do hereby release, waive, discharge, and covenant not to sue WeShred LLC or Erica Stenz, their affiliates, direct or indirect, officers, employees, businesses and agents from liability from any and all claims resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, purchasing pre-cooked meals.

ASSUMPTION OF RISKS: Purchasing pre-cooked meals comes with its certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary, and can include but are not limited to cooking food thoroughly; separating and not cross contaminating foods; chilling or refrigerating food appropriately; cleaning foodstuffs, instruments and hands used in and for food preparation; fire or gas hazards.




I agree to INDEMNIFY AND HOLD HARMLESS WeShred LLC Erica Stenz, their affiliates, direct or indirect, officers, employees, businesses and agents (the “Indemnitees”) from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of me purchasing pre-cooked meals, whether brought by me, my company or its agents or employees, or other third parties, and to reimburse the Indemnitees for any such expenses incurred.




I have informed Erica Stenz & WeShred LLC of any acknowledgment of food allergies I am aware of. I agree to INDEMNIFY AND HOLD HARMLESS Erica Stenz and WeShred LLC, their affiliates, direct or indirect, officers, employees, businesses and agents if I may get any illness due to the food consumption. I also understand that each meal I purchase may not be healthy to consume after 3-4 days of purchase.




Raw foods of animal origin are those most likely to be contaminated; that is, raw meat and poultry, raw eggs, unpasteurized milk, and raw shellfish. Because filter-feeding shellfish strain microbes from the sea over many months, they are particularly likely to be contaminated if there are any pathogens in the seawater. Foods that mingle the products of many individual animals, such as bulk raw milk, pooled raw eggs, or ground beef, are particularly hazardous because a pathogen present in any one of the animals may contaminate the whole batch. A single hamburger may contain meat from hundreds of animals. A single restaurant omelet may contain eggs from hundreds of chickens. A glass of raw milk may contain milk from hundreds of cows. A broiler chicken carcass can be exposed to the drippings and juices of many thousands of other birds that went through the same cold water tank after slaughter. Fruits and vegetables consumed raw are a particular concern. Washing can decrease but not eliminate contamination, so the consumers can do little to protect themselves. Recently, a number of outbreaks have been traced to fresh fruits and vegetables that were processed under less than sanitary conditions. These outbreaks show that the quality of the water used for washing and chilling the produce after it is harvested is critical. Using water that is not clean can contaminate many boxes of produce. Fresh manure used to fertilize vegetables can also contaminate them. Alfalfa sprouts and other raw sprouts pose a particular challenge, as the conditions under which they are sprouted are ideal for growing microbes as well as sprouts, and because they are eaten without further cooking. That means that a few bacteria present on the seeds can grow to high numbers of pathogens on the sprouts. Unpasteurized fruit juice can also be contaminated if there are pathogens in or on the fruit that is used to make it.




CHILL: Refrigerate leftovers promptly. Bacteria can grow quickly at room temperature, so refrigerate leftover foods if they are not going to be eaten within 4 hours. Large volumes of food will cool more quickly if they are divided into several shallow containers for refrigeration.




Pregnant women, the elderly, and those weakened immune systems are at higher risk for severe infections such as Listeria and should be particularly careful not to consume undercooked animal products. They should avoid soft French style cheeses, pates, uncooked hot dogs and sliced deli meats, which have been sources of Listeria infections. Persons at high risk should also avoid alfalfa sprouts and unpasteurized juices. A bottle-fed infant is at higher risk for severe infections with Salmonella or other bacteria that can grow in a bottle of warm formula if it is left at room temperature for many hours. Persons with liver disease are susceptible to infections with a rare but dangerous microbe called Vibriovulnificus, found in oysters. They should avoid eating raw oysters.


CANCELLATION POLICY: To avoid a cancellation fee ($50), please provide cancellation notice at least 72-hours prior to your meal delivery day or session. You can cancel or reschedule an appointment by emailing us at

PHOTO & VIDEO RELEASE WAIVER: I, undersigned, hereby grant my permission and consent to WeShred LLC and Erica Stenz, and its affiliates, officers ,agents and employees to photograph, video, record, and audio me. WeShred LLC and Erica Stenz shall be the exclusive owner of all rights, title, and interest in the photographs, videos, recordings and audio. I grant an irrevocable, world-wide, royalty-free right and license to WeShred LCC and Erica Stenz to utilize, adapt, modify, reproduce, distribute, publicly perform and display the photographs, video, and/or audio taken of me. I hereby authorize and consent to the use of my name, image, likeness and voice for all materials or any other purpose deemed appropriate by WeShred LCC & Erica Stenz.


By checking the box on the before checkout , I acknowledge that I have carefully read and understand the above and that I am voluntarily entering into this Agreement in consideration of WESHRED permitting me to engage in WESHRED Activities. I knowingly and voluntarily agree this ASSUMPTION OF RISK, WAIVER, RELEASE AND INDEMNITY AGREEMENT. I understand and agree that this Agreement may not be modified or altered by any oral or written representations, statements or inducements.

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