RECITALS
WHEREAS CLIENT wishes to retain the professional services and expertise of James Webb and JWebby Can Eat an Australian Entity, and its agents and employees to design for CLIENT a personalised lifestyle program, which may include one or all of the following: a customised nutritional plan, training program which may include weights and/or cardiovascular exercise, sports supplement advice and a personal consultation
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WHEREAS JWebby Can Eat agrees to provide these SERVICES to CLIENT, in exchange for a fee, in accordance with the following terms and conditions,
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IT IS HEREBY AGREED AS FOLLOWS:
1. Retention
CLIENT hereby retains JWebby Can Eat, as an independent contractor, to design the SERVICES for CLIENT, including a lifestyle program, to enhance the health and fitness of CLIENT, and to meet the health and fitness goals of CLIENT.
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2. Due Diligence by Client
CLIENT acknowledges that he/she has provided JWebby. with all background information, including appropriate medical history, which may be necessary to prepare, formulate and perform the SERVICES for CLIENT. CLIENT agrees that he/she shall use his/her best efforts to comply with the plans, programs and recommendations made by JWebby. as part of the SERVICES. CLIENT expressly warrants and affirms to JWebby. that he/she has obtained appropriate medical clearance to participate in the lifestyle programs comprising the SERVICES.
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3. Assumption of Risk/Waiver of Liability
CLIENT understands and acknowledges that participation in any diet, exercise and training program carries with it the inherent risk of bodily injury and/or illness. CLIENT agrees that he/she will forever release and hold JWebby. harmless from and against any and all claims, whether for personal injuries, illness or otherwise, arising from the SERVICES, and that he/she shall not in any way seek to hold JWebby. liable for any and all such claims.
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4. Not a Substitute for Medical Treatment
CLIENT understands and acknowledges that the SERVICES, including the lifestyle program, are not in any way intended to function as a substitute for medical treatment and/or advice from CLIENT’s own physician.
5. Confidentiality and Non-Disclosure
CLIENT acknowledges and agrees that any and all information disclosed or provided by JWebby. to CLIENT in connection with the SERVICES is strictly confidential in nature and constitutes proprietary work product owned by JWebby.
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6. Immediate Right to Terminate Services
CLIENT acknowledges and agrees that JWebby. shall be entitled to immediately cease and terminate the SERVICES, without notice, in the event CLIENT discloses, or causes to be disclosed, to any third person or entity any information or details comprising or concerning the SERVICES, and in such event JWebby. shall be entitled to retain any and all remaining funds paid by CLIENT in consideration for the SERVICES, and JWebby. shall also be entitle to seek appropriate legal recourse against CLIENT.
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7. Indemnity for Breach of Agreement
CLIENT agrees to indemnify and hold harmless JWebby. for any and all losses, claims, damages, attorney’s fees, judgments or liability arising from CLIENT’s breach of this Agreement.
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8. JWebby and Independent Contractor
With regard to performance of the SERVICES and all matters referenced in this Agreement, JWebby. shall at all times be an independent contractor. Nothing in this Agreement, or any actions taken pursuant to this Agreement, shall be deemed to create any express or implied employment or agency relationship between CLIENT and J Webby. Neither party to this Agreement shall have the authority to legally bind the other, except as otherwise set forth herein.
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9. Read and Understood
By signing below, CLIENT acknowledges and warrants that he/she has read and understood this entire Agreement, and that he/she agrees to be legally bound by the terms and conditions of this Agreement.
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IT IS SO AGREED
