Terms & Conditions

TERMS AND CONDITIONS OF CONTRACT

 

WHEREAS CLIENT has retained the professional services and expertise of Wevolve VIP, and its agents and employees (collectively ” Wevolve VIP”) herein represented by Mrs. Hannah Mehregan, to design for CLIENT a personalized weight management program, which may include one or several of the following: a customized diet, training program which may include weights and/or cardiovascular exercise, supplement schedule, and personal consultation (hereinafter the “SERVICES”); and

WHEREAS Wevolve VIP agreed to provide the SERVICES to CLIENT, in exchange for the fee provided for on its website and already accepted by the CLIENT, in accordance with the following terms and conditions that form an intefral part of the Contract,

 

  1. CLIENT retains the services of Wevolve VIP to design the SERVICES for CLIENT, including a weight management program, to enhance the health and fitness of CLIENT, and to meet the health and fitness goals of CLIENT.
  2. CLIENT acknowledges that he/she has provided Wevolve VIP with all background information, including appropriate medical history, which may be necessary to prepare, formulate and perform the SERVICES for CLIENT and has not withheld anything or any information to allow Wevolve VIP to fully and properly provide the SERVICES. CLIENT expressly warrants and affirms to Wevolve VIP that he/she has obtained appropriate medical clearance to participate in the diet, exercise and training programs comprising the SERVICES. It is CLIENT’s responsibility to ensure that its own limits are not exceeded, and CLIENT irrevocably undertakes not to hold Wevolve VIP accountable or responsible for any health issue, mentally or physically, due to the SERVICES.
  3. CLIENT understands and acknowledges that participation in any diet, exercise and training program strongly relies on CLIENT’s participation and the latter is wholly responsible for progress and results from the SERVICES and that he/she is a vital key to the success of the SERVICES and that Wevolve VIP cannot control him/her.   CLIENT understands that participation in the SERVICES carries with it the inherent risk of bodily injury and/or illness. CLIENT agrees that he/she will forever release and hold Wevolve VIP harmless from and against any and all claims, whether for personal injuries, illness, any hormonal imbalance based on strict dieting or supplementation, or otherwise, arising from the SERVICES, and that he/she shall not in any way seek to hold Wevolve VIP liable for any and all such claims.
  4. CLIENT understands and acknowledges that the SERVICES, including the weight management program, are not in any way intended to function as a substitute for medical treatment and/or advice from CLIENT’s own physician.  CLIENT further understands and acknowledges that Wevolve VIP is not acting in the capacity of a physician or dietician or any other licensed medical practitioner.
  5. CLIENT acknowledges and agrees that any and all information disclosed or provided by Wevolve VIP to CLIENT in connection with the SERVICES is strictly confidential in nature and constitutes proprietary work product solely owned by Wevolve VIP. The transfer or distribution of the SERVICES or its material is strictly prohibited.  The SERVICES shall be utilized by CLIENT for the sole purpose of the weight management program and will not be disclosed, or permitted to be disclosed via any means of communication in any manner whatsoever, including but not limited to forum journals, web blogs, personal websites or commercial websites, through literary publication, or otherwise, to any person or entity except as otherwise set forth herein. CLIENT acknowledges and agrees that he/she shall forever maintain as confidential, and that he/she shall not disclose to any third party (other than to a treating physician of CLIENT), any of the information, schedules, diets, recommendations and/or details concerning the SERVICES and CLIENT undertakes and warrants not to use any such SERVICES for business or pecuniary purposes. CLIENT acknowledges and agrees that his/her duty of confidentiality and non- disclosure pursuant to this Contract shall survive completion, cancellation, termination or cessation of the SERVICES. CLENT undertakes and warrants not to use any of the SERVICES for business or pecuniary purposes.  CLIENT acknowledges that he/she shall not knowingly or carelessly disclose, cause to be disclosed, or assist in disclosing or otherwise using or disseminating any information disclosed or provided by Wevolve VIP to CLIENT in connection with the SERVICES. CLIENT acknowledges and agrees to take reasonable measures to prevent unauthorized persons or entities from having access to, obtaining or being furnished with information and details comprising or related to the SERVICES. The CLIENT understands that Wevolve VIP shall be entitled to seek appropriate legal recourses against the CLIENT shall he/she not respect this Contract.
  6. CLIENT acknowledges that Wevolve VIP invested time and effort to create the personalized program and SERVICES and therefore has earned the fee regardless of cancellation of SERVICES by CLIENT. 
  7. Wevolve VIP has demonstrated over time the quality and success of the SERVICES through a large number of clients and followers over the years, bringing them significant results. Results may differ for some clients, particularly due to biological or anatomical features and predispositions. In those circumstances, the CLIENT recognizes that Wevolve VIP cannot be held responsible or accountable for same and both parties herein acknowledge the importance of maintaining and upholding the good reputation of CLIENT and Wevolve VIP. Therefore, CLIENT and Wevolve VIP agree never to make any statement or cause disparaging statements or remarks publicly, in any form and under any circumstances whatsoever, that could result in tarnishing the other party’s reputation.
  8. CLIENT irrevocably authorizes Wevolve VIP to use for promotional purposes any and all its competition, event or professional pictures and videos, and to underline CLIENT’s performances and results.
  9. CLIENT acknowledges and agrees that Wevolve VIP shall be entitled to immediately cease and terminate without notice the SERVICES in the event of non-payment of the SERVICES by the CLIENT or for any breach of any of the terms and conditions of the present Contract and the CLIENT recognizes and agrees that he/she shall not be entitled to any refund of the fee, waiving any right or claim whatsoever in this respect, whether from Wevolveor any credit provider or payment platform.
  10. CLIENT agrees to indemnify and hold harmless Wevolve VIP for all losses, claims, damages, including attorney fees on a client/solicitor basis, arising or resulting from CLIENT’s breach of this Contract.
  11. CLIENT acknowledges and agrees that the elected domicile is the judicial district of Montreal, which is the only competent district and court for the hearing of any claims relating to the interpretation, application, execution, accomplishment and validity of the present Contract.  CLIENT further understands and agrees that the laws applicable to the resolution of any dispute arising directly or indirectly from this Contract shall be exclusively the laws in force in the Province of Québec
  12. Term and Conditions Contract Save and except for monetary obligations, neither party to the Contract shall be liable for any default hereunder occasioned by any cause beyond the reasonable control of such party.
  13. If any provision of this Contract is determined to be prohibited by, or invalid under any applicable law, then such provision of part thereof shall be inapplicable to the extent of such prohibition or invalidity without invalidation the remainder of such provision or the remaining provisions of this Contract. 
  14. By acknowledging to having read and understood the terms and conditions and by having made payment of the fee as provided in Wevolve VIP’s main page CLIENT has agreed to be legally bound by the terms and conditions of this Contract.