Liability Waiver and Release
You (“you” and “your”) hereby acknowledge and agree, as a participant in the programs provided to you via the website located at https://kellyleveque.mykajabi.com/Fab4SmoothieBasics (“Website”), including, without limitation, all content, programs, functionality, and services offered through the Website (collectively, the “Services”) offered by Be Well By Kelly, Inc and its affiliated subsidiaries and related entities (collectively, “Company,” “we”, “our” or “us”), to be bound by the terms set forth in this Liability Waiver and Release (this “Waiver and Release”). By clicking to accept or by downloading and using the Services, you expressly consent to the following:
- Assumption of Risk:
- Company is not a medical organization and cannot provide medical advice, evaluation, diagnosis or treatment. Nothing on the Website should be interpreted as such. Kelly LeVeque is not a medical doctor, registered dietician, certified clinical nutritionist, pharmacist, nurse, psychologist or other licensed medical or health care professional. She is not acting in any such capacity and nothing on the Website should be interpreted to take the place of advice of a physician and other licensed medical professional.
- You are urged and advised to consult your physician before undertaking any health, diet or lifestyle changes, including, without limitation, using products or services available on our Website, altering your diet, nutrition or eating habits, beginning any weight-loss effort or regimen, taking any supplements, vitamins or similar products, participating in exercise, making any lifestyle changes, or taking or discontinuing any medications. Nothing on the Website should be interpreted as a substitute for physician consultation, evaluation or treatment.
- The Services are intended for use only by healthy adult individuals. The Services are not intended for use by minors or individuals with any type of illness or health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of health, diet or lifestyle change. You should immediately consult with your physician or health care professional in the event of any illness or injury.
- All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. The information on the Website has not been evaluated by the Food and Drug Administration and is not intended to treat, diagnose, cure or prevent any disease. We cannot and do not give you medical advice by and through the Website or Services or in any other manner.
- Please seek prompt medical care for any specific health issues. We do not recommend the self-management of health problems. Any information obtained by using the Website and our products or Services is not exhaustive.
- Your participation in and use of the Services is at your own risk, and may expose you to inherent risks, including, without limitation, accidents, injury, illness or even death, and knowing such facts, you willingly accept and assume all of the risks associated therewith. You hereby assume full responsibility and liability for any risks, injuries or damage, known or unknown, which I might incur as a result of participating in and use of the Services, which may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness, including death.
- Release: You hereby agree for yourself and anyone entitled to act on your behalf (or on behalf of your estate whether you are dead or permanently or temporarily disabled), to the fullest extent permitted by law, to hold, Company and its officers, directors, employees, trainers, owners, parents, subsidiaries, affiliates, partners, representatives, and agents (the “Released Parties”) harmless from and against any and all claims for personal injury, damages, expenses, or losses (including without limitation, reasonable attorneys’ fees at all levels) that may be sustained or suffered by me in connection with your participation in and use of the Services, including, without limitation, claims arising from: (i) the conduct of the Released Parties or any other participants or users of the Services; (ii) the Services and their defects of any kind,ews or failure to comply with applicable state and federal laws; (iii) your breach or default of any of the covenants or obligations under this Waiver and Release; (v) your misconduct, negligence or default or error or omission or breach of contract; and (iv) any accident, injury or damage whatsoever caused to any person, firm or corporation occurring as the result of any work or thing whatsoever done by you (or person holding or claiming through or under you). You agree to indemnify, defend and hold the Released Parties harmless against and from all costs, counsel fees, expenses and liabilities incurred a result of any such claim, action or proceeding brought by me or any third party against the Released Parties. By AGREEING TO THE TERMS OF this Waiver and Release YOU understand that YOU ARE knowingly, voluntarily and expressly waiving any and all rights, claims, or causes of action of any kind whatsoever that YOU may ever have against the Released Parties for any of the foregoing claims, and any injuries, losses, or damages that YOU may sustain in connection with YOUR participation in AND USE OF THE SERVICES.
- Limitation of Liability; Waiver. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY SUSTAINED DUE TO YOUR USE OF OR PARTICIPATION IN THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE WEBSITE AND SERVICES OR OTHERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF COMPANY OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). BY ACCESSING THE WEBSITE AND SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
- General: This Waiver and Release shall be interpreted under the internal, substantive law of the State of California without regard to the conflicts of law provisions thereof, and you hereby submit to in personam jurisdiction in the state and federal courts of the State of California. In the event that any provision contained within this Waiver and Release shall be deemed to be severable or invalid or if any term, condition, phrase or portion of this Waiver and Release shall be determined to be unlawful or otherwise unenforceable, the remainder of this Waiver and Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this Waiver or Release to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.