$525.00 USD

I am fully aware that no refunds are available after purchase unless an exception has been made. If I cannot commit to the program, I will contact WeShred, and a resolution will be worked towards that is fair for both parties. Client progress photos are kept in private in their individual client folder and/or the app, unless the client has provided consent to share they remain private between the client and WeShred Team. Excluding these progress photos, the client gives WeShred and Erica Stenz permission and the rights to use, post, and share all other photography and videography. 

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.]

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 agreeing to 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. 

[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.]

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.]

[ARBITRATION OF DISPUTES AGREEMENT

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 https://www.adr.org/Consumer. Updated copies of the rules are available for review from the AAA’s website at www.adr.org.

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 ________________ 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 San Francisco, 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.]

 

LIABILITY WAIVER, [NON-RECORDING,] NON-HARASSMENT, AND [ARBITRATION OF DISPUTES] AGREEMENT

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.]

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. 

[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.]

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.]

[ARBITRATION OF DISPUTES AGREEMENT

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 https://www.adr.org/Consumer. Updated copies of the rules are available for review from the AAA’s website at www.adr.org.

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 [email protected] and [email protected] 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 San Francisco, 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.]

 

 

 

 

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$525 WeShred 21-Day

SIGN UP FOR WESHRED 21-DAY JANUARY 2023 

What you'll get:

  • Virtual Orientation 
  • 30 min consult with your designated coach
  • Access to WeShred Portal with 6 months of video tutorials on a variety of nutrition & fitness topics, WeShred grocery list, recipes books, and many more recommendations and tips
  • WeShred Support with the availability to text 1:1 with WeShred Coaches & Erica Stenz.
  • Personalized Meal Plan with exclusive WeShred Recipes
  • 3 Weekly 30-Minute Q&A Group Zoom Meetings with WeShred Coaches
  • Spreadsheet Tracker with Coach Notes 
  • Inner Circle Access via Instagram DM
  • Community Forum Access
  • WeShred by Erica Stenz Workout Videos + Calendar of Events