TERMS & CONDITIONS
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS EXPLAINED BELOW.
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Here are the terms that govern your relationship with WeShred. Please review them carefully before using any of our services.
1. SCOPE OF AGREEMENT
Read these Terms and Conditions of Service (“Terms”) carefully before using the fitness or nutrition programs operated by WeShred LLC (“WeShred,” “us,” “we,” or “our”), our website (“the Site”), our mobile application(s) (“Apps”), any services provided at any of our facilities, any services provided remotely (by video, telephone, or other communication devices), and any other services or events or activities that we provide to you of any kind or nature (collectively, the “Services”).
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These Terms are an agreement between you and WeShred and set forth the legally binding terms and conditions for your use of the Services.
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By accessing or using the Services in any manner, including but not limited to visiting or browsing the Site, downloading the App(s), taking part in any WeShred activity or event or session, or contributing content or other materials to the Site or on or via the App(s), you agree to be bound by the Terms. You are only authorized to use the Services if you agree to abide by the Terms and all applicable laws. After reading, please save a copy of the Terms for your records. If you do not agree with the Terms, you should leave the Site or App and not use any type of the Services at any time.
2. CHANGES
We reserve the right to modify the Terms at any time, in our sole discretion. If we modify material parts of these Terms they will become effective after we send you notice of the amended Terms to the extent permitted by law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or other manner. Your failure to stop using the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
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If you do not agree to any of these Terms or any changes to these Terms, please do not use, access or continue to access the Services, or discontinue any use of the Services immediately.
3. ACCESSING SERVICES AND ACCOUNT SECURITY
To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.
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By using the Services, you represent that you are at least the age of majority in the state of your residence, and / or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use the Services. By using the Services, you represent that you are over 15 years of age, and, if between the ages of 15 and 18, your parent or guardian has consented to the Terms and your use of the Services.
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From time to time, we may restrict access to some or all parts of the Services, including in-person consultations, instruction and classes, events and activities, the Site, and App(s).
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To access some Services available on the Site and App(s), you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.
4. PAYMENT AND DEPOSIT • WAITLIST • NO GUARANTEE OF ACCEPTANCE INTO PROGRAM
Services are offered on a subscription / membership basis on a first-come, first-serve basis. WeShred can work with only a limited number of people at any given time. To participate in the Services, you may be required to sign up for a waitlist, pay in full for the membership / subscription program(s) that you desire (which includes a $100 non-refundable deposit), and wait for an opening in the program(s). After payment is completed, the $100 deposit covers the fee for the first 1:1 consultation with WeShred during which WeShred will conduct an evaluation and determine, in its sole and absolute discretion, whether the program(s) are suitable for you. If you are not accepted into a program, WeShred will refund the sums paid by you for the program(s), less the $100 deposit. In short, payment does not guarantee that you will be accepted into the program.
If you purchased an event, class, class package or anything other than the WeShred VIP Program or Club WeShred, there are no refunds after purchase.
5. AUTOMATIC RENEWAL • CANCELLATION • NO REFUNDS • CHANGES
Automatic Renewal. Your membership / subscription will continue and automatically renew until terminated in accordance with the Terms. To receive Services, you must have a current, valid, accepted method of payment and which may include payment through your account with a third party, bank, or credit card (“payment method”). You must cancel your membership before it renews to avoid billing of the membership / subscription fees for the next billing cycle to your payment method (see "Cancellation and Termination" below).
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Billing Cycle. The membership / subscription fees for the Services and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to your payment method. Your billing cycle is every 30 days after the date Services first begin (if the 30th day falls on a date when a renewal transaction cannot be completed, it will occur on the next business day). Fees for Services are fully earned upon payment. (Services generally begin when you are accepted into a program and the program to which you have subscribed commences.)
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Payment Method. You authorize us to charge any payment method associated with your account. You remain responsible for any uncollected amounts in the event payment is declined for any reason. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Services until we have successfully charged a valid payment method.
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Cancellation and Termination. You or WeShred may cancel / terminate your membership / subscription at any time. If you cancel, Services will end at the close of the then-current program in which you are participating. To cancel and / or avoid automatic renewal of your membership / subscription, you must notify WeShred at hello@ericastenz.com on or before the seventh calendar day before the next billing cycle begins. If you do not meet this deadline, your payment method will be charged the full amount and you will have access to the Services for the next billing cycle. You understand and agree that no refunds are available once payment has been made.
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WeShred reserves the right to cancel or terminate a membership / subscription, or end any or all of the Services offered to you, in its sole and absolute discretion, at any time. This may become necessary if WeShred believes that your continued participation in the Services would be detrimental to your own wellbeing or the wellbeing of others, or for any other reason. If WeShred cancels / terminates, WeShred will refund a pro rata portion of the unused fees actually paid by you.
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However, if we cancel / terminate because you have breached the Terms or violated one of our policies, you will not be entitled to a refund of any kind.
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Changes. We reserve the right to change our membership / subscription plans and programs and to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription / membership program will take effect following notice to you.
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No Refunds. Payments are nonrefundable. There are no refunds or credits for partially used membership / subscription periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members in our sole and absolute discretion.
If you purchased an event, class, class package or anything other than the WeShred VIP Program or Club WeShred, there are no refunds after purchase.
6. USE OF IMAGES • LIKENESS • RECORDINGS • RELEASE
WeShred is a program that requires your input and effort to help you succeed. We will collect images of you during the course of the program to track your progress and to provide feedback and direction, among other things. We will take reasonable steps to treat such progress photos in a confidential manner and restrict access to them to those on the WeShred team who have a need to know, unless you have provided consent to share such images more broadly.
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WeShred also is a collaborative and supportive environment that encourages group participation and involvement in each other’s success. We regularly take photographs and record videos of events and activities. You hereby grant permission to WeShred, its owners, employees, coaches, and instructors, to take and use visual/audio images of you. Visual/audio images are any type of recording, including but not limited to photographs, digital images, drawings, renderings, voices, sounds, video recordings, audio clips or accompanying written descriptions. WeShred will not materially alter the original images. You agree that WeShred owns the images and all rights related to them. The images may be used for any commercial use and in any manner or media without notifying you, such as social media, websites, publications, promotions, broadcasts, advertisements, posters and theater slides. You waive any right to inspect or approve the finished images or any printed or electronic matter that may be used with them, or to be compensated for them.
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You release WeShred, its owners, employees, coaches, and instructors and agents, including anyone authorized to publish, broadcast and/or distribute a finished product containing the images, from any claims, damages or liability which you may ever have in connection with the taking or use of the images or printed material used with the images. You are at least 18 years of age and competent to execute the Terms and this release. You have read this release before executing the Terms. You understand its contents, meaning and impact, and freely accept the terms.
7. VOLUNTARY PROVISION OF INFORMATION
To use the Services to the best possible effect, you agree to be honest and forthright with us and to provide us with the accurate information we need to help you, including but not limited to: (a) name, email address, phone number, mailing address, date of birth, and password, so that we may communicate with you and provide you with the Services; (b) payment information, so that you can pay for the Services; and (c) information about your health and wellbeing which are relevant to and play a role in your ability to participate in a fitness or nutrition program, such as data collected in your customer folder, photographs, meal and food plan and consumption records, exercise plan and logs, and similar data. If you do not provide this information, you may not be able to participate in the Services. WeShred, its coaches, trainers, employees, and others with a need to know will have access to this information.
8. DON’T BE MEAN OR SNEAKY
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services: (a) for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation; (b) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us in our sole and absolute discretion, may harm us or other persons using the Services or expose them to liability.
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Additionally, you agree not to: (i) use the Services for any commercial purpose; (ii) use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services; (iii) use any robot, spider or other automated device, process, or means to access the Services for any purpose; (iv) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (v) use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; and/or (vi) otherwise attempt to interfere with the proper working of the Services.
9. PERSONAL BELONGINGS
You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present at a WeShred site or participating in a WeShred activity or event. You assume all risk of loss for any of your personal belongings.
10. MOBILE SERVICES
Your carrier’s normal messaging, data and other rates and tees will apply if you take advantage of any of the Services that are available via your mobile phone. Services may not work with all carriers or devices. Therefore, you should check with your carrier to find out if the mobile Services offered by WeShred are available for your mobile devices, and what restrictions, it any, may be applicable to your use of such mobile Services.
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11. TERMINATION & SURVIVAL
The following provisions will survive termination of these Terms: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Legal Disputes and Arbitration Agreement; (5) Governing Law; (6) Indemnity; (7) Limitation of Liability.
12. THIRD-PARTY SITES
Our Services may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
13. ASSIGNMENT
You may not assign or transfer this agreement or the Terms (or any of your rights or obligations under the Terms) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
14. ZERO TOLERANCE AND NON-HARASSMENT POLICY
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, we encourage you to clearly and promptly tell the person engaging in the conduct that is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify us at hello@ericastenz.com.
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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.
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We will investigate any reported incidents and seek to provide due process for all parties. Our responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations. We will do our best 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.
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Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration procedures below.
15. INTELLECTUAL PROPERTY RIGHTS
The content on the Site and mobile apps, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to WeShred, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site, Apps, and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or Services, provided by you to us, are non-confidential and shall become the sole property of WeShred.
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You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or Apps or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, Apps, or the Content therein.
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“WeShred” and other graphics, logos, wordmarks, and designs are trademarks of WeShred in the U.S. and/or other countries for which applications are pending. WeShred’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WeShred.
16. FEEDBACK
You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services (the “Feedback”). You agree that your Feedback is provided to us on a non-confidential basis, is voluntary, gratuitous, unsolicited and without restriction, and WeShred does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant WeShred the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. WeShred does not waive any rights to use similar or related feedback or ideas known to WeShred, developed by WeShred employees, or obtained from other sources.
17. ENTIRE AGREEMENT • SEVERABILITY • NO WAIVER
The Terms, and any other legal notices published on the Services such as a privacy policy, shall constitute the entire agreement between you and us concerning the subject matters they address, and supersede all prior terms, agreements, discussions and writings regarding those subjects. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
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No waiver of any provision in the Terms shall be deemed a further or continuing waiver of such provision or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
18. SERVICES INTERRUPTIONS
Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
19. LEGAL DISPUTES AND ARBITRATION AGREEMENT – U.S. & CANADA
Please Read the Following Clause Carefully – It May Significantly Impact Your Legal Rights, Including Your Right to File a Lawsuit in Court
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Initial Dispute Resolution. We are available by email at hello@ericastenz.com to address any concerns you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner. You and WeShred agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating any form of legal proceeding.
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Agreement to Binding Arbitration. If you and WeShred do not reach an agreed upon solution to any kind of dispute, claim, or issue regarding your relationship with WeShred, the Services, or these Terms within a period of thirty (30) days from the time informal dispute resolution is initiated under the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach, including breach of the arbitration agreement), your use of the Services, your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by AAA American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mediation Procedure (“AAA Rules”) if you are in the United States or the Canadian Arbitration Association (CAA) Consumer Arbitration Rules and Mediation Procedure (“CAA Rule”) if you are in Canada, 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 the Terms and/or this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable or otherwise unenforceable for any reason. 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 this arbitration agreement and all other agreements between you and WeShred shall be subject to the Federal Arbitration Act.
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The current AAA rules governing the arbitration may be accessed at https://adr.org/sites/default/files/Consumer%20Rules.pdf. Updated copies of the rules are available for review from the AAA’s website (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.
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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.
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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.
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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.
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Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and WeShred’s 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.
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30 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.com and providing the following information: (i) your name, (ii) your WeShred account email address; (iii) your mailing address; (iv) a statement of your wish not to resolve disputes with WeShred through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms, 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 also will not be bound by them.
Exclusive Venue for Litigation / Choice of 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 agree that any litigation between you and us shall be filed exclusively in the state or federal courts located in the City and County of San Francisco, California. You expressly consent to the exercise of personal jurisdiction over you by these Courts, and you hereby waive any contention that these courts are an inconvenient forum for the resolution of any dispute. The law of the U.S. State in which the claim or dispute arose shall govern and apply to any dispute, 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.
20. INDEMNIFICATION
You agree to release, indemnify, and defend WeShred and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, coaches, trainers, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
21. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE WESHRED PARTIES TO YOU.
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General Assumption of Risk & Limitation of Liability. By agreeing to the Terms, enrolling in any Service or program, using the Apps or online services, 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, 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, its employees, or any other representative of WeShred (together, the “WeShred Parties”), 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.
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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.
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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.
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WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WESHRED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
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WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
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YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WESHRED PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WESHRED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.WITHOUT LIMITING THE FOREGOING, THE WESHRED PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
22. NOTIFICATIONS
We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. WeShred is not responsible for any automatic filtering that you or your network provider may apply to such notifications.
23. CONTACTING US
If you have any questions about the Terms or the Service, please contact us at: hello@ericastenz.com.