Waiver and Release
WAIVER & RELEASE
THE GOOD DIET INC. AND THE GOOD DIET PROGRAM (“THE GOOD DIET”) DOES NOT PROVIDE, NOR IS IT A SUBSTITUTE FOR, MEDICAL ADVICE, EVALUATION, DIAGNOSIS OR TREATMENT. YOU UNDERSTAND AND AGREE THAT VOLUNTARILY GOING ON THE GOOD DIET PROGRAM MAY INVOLVE RISKS OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE DIET OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.
You are strongly advised to seek the medical advice of your health care provider before beginning any weight loss effort or regimen such as The Good Diet. The Good Diet is intended for use only by healthy adult individuals and is not intended for use by minors (individuals under the age of 18), pregnant or breastfeeding women, or individuals with any type of serious health condition including, but not limited to, diabetes, heart disease, liver disease, kidney disease, and cancer. If you are a minor, pregnant or breastfeeding, or have any type of serious health condition, you agree that you have sought professional medical advice from your health care provider prior to commencing The Good Diet.
By agreeing to participate in The Good Diet, you confirm and agree that:
a) you understand you have been advised to seek the advice of your health care provider before beginning any weight loss effort or regimen;
b) that you will read all contents provided to you in the The Good Diet Folder and will follow the instructions as provided;
c) you understand that weight loss results vary and that The Good Diet Inc. does not imply or provide any guarantees of results;
d) your decision to participate in The Good Diet is completely voluntary and you are aware of and understand the inherent risks, dangers, and hazards of participating in The Good Diet and the potential for personal injury, illness, and death. You freely accept and fully assume all risks of personal injury, illness or death, and you hereby expressly waive, release and discharge The Good Diet Inc., its parent companies, subsidiaries and affiliates and their respective shareholders, directors, employees, contractors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all damages, liability, claims and causes of action of any nature whatsoever (including for injury, illness, or death) that may result from or be attributable to your participation in The Good Diet, including NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF ONE OR MORE OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE BY ONE OR MORE OF THE RELEASEES TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATION IN THE GOOD DIET; and
e) neither The Good Diet Inc. nor any of its employees or contractors has any obligation or responsibility to monitor your health status or condition or to contact or alert any medical or emergency professional. If you have any doubts about your suitability to participate or continue to participate in The Good Diet, it is your sole responsibility to seek medical assistance from your health care provider.
This waiver and release shall be governed by and construed in accordance with the laws of the Province of Ontario. Any claim or cause of action arising under this waiver and release may be brought only in the courts of the City of Toronto, and you hereby consent to the exclusive jurisdictions of such courts. This waiver and release shall enure to the benefit of the respective heirs, next of kin, executors, administrators, legal personal representatives, successors and assigns of the Releasees and shall be binding on you and your respective heirs, next of kin, executors, administrators, legal personal representatives, successors and assigns. This waiver and release is meant to be liberally construed to protect those entities and individuals listed above to the fullest extent allowed by law. If any term of this waiver and release, or the application to any person or circumstance, to any extent, is invalid or unenforceable, the remainder of this waiver and release or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected and each remaining term of this waiver and release shall be separately valid and shall be enforceable to the fullest extent permitted by law.
I AFFIRM THAT I AM OVER 18 YEARS OF AGE AND ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND RELEASE AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE GOOD DIET INC. AND THE RELEASEES.