LIABILITY WAIVER AND ASSUMPTION OF RISK
In consideration of the services of Wendi Irlbeck Nutrition with Wendi its agents, owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively DBA as “NWW”) I hereby agree to release and discharge Nutrition with Wendi on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. By accepting these terms, I will not hold Serviceswith Wendi INC responsible for any
injury, illness, allergic reaction, or lack of results while engaged in nutrition coaching or fitness coaching or at any time in the future.
2. I acknowledge that Nutrition with Wendi and specificallyWendi Irlbeck, MS, RDN, LD CISSN is NOT a physician, physiologist or pharmacist . Wendi is NOT providing medical advice or prescribing treatment. I as a client understand that I am simply receiving theoretical advice and education to enhance my knowledge of health as it relates to foods, dietary supplements, behaviors associated with eating, and/or exercise. My participation in this program is voluntary, and by signing this waiver I accept responsibility for any harm, injury, illness or death that may result from my participation.
3.I understand that it is my responsibility to consult with my physician and pharmacist before changing my medications or altering the dosage. I hereby affirm that I am in good physical condition and do not suffer from any mental or physical disability which would prevent or limit my participation in a program provided by Nutrition with Wendi, LLC. I understand that I can discuss any dietary changes or potential dietary supplements use with Wendi Irlbeck, MS, RDN, LD, CISSN but must consult with my pharmacist or physician on any changes suggested.
4. I acknowledge that the advice and knowledge that I receive as part of my nutrition and/ or fitness coaching program is separate from the care that I receive from any medical facilities/agents in that the nutrition coaching sessions are in no way intended to be construed as medical advice or care. I understand that I should continue regular medical supervision and care by my primary care physician.
5. I understand that as part of a fitness coaching program, I will be participating in a program
of strenuous physical activity including but not limited to walking, hiking, running, swimming, biking, resistance training, weight training, cardiovascular exercise and the use of conditioning and exercise equipment. I also acknowledge that I will take part in this physical activity under my own volition.
6. I expressly assume the risks involved with a nutrition and/or fitness coaching program, including the risks of trying new foods, trying new exercises, and the risks inherent in making lifestyle changes.
7. I fully understand that I may suffer injury and even death as a result of my participation in the fitness and/or nutrition coaching program and I hereby release Nutrition with Wendi, LLC. from any and all liability now and in the future, including but not limited to medical expenses, lost wages, pain and suffering that may occur by reason of heart attacks, muscle strains, muscle pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness or injury, however caused, whether occurring during or after my participation in the program regardless of fault.
8. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Nutrition with Wendi from any and all liability, claims, damages, demands, or causes of action, which are in any way connected with my past, present, or future participation in Nutrition with Wendi nutrition coaching or fitness coaching program, including such claims which I, my children, parents, heirs, assigns, personal representative and estate have or may have that allege ordinary negligent acts or omissions of Nutrition with Wendi.
9. Any advice regarding dietary supplements providedby Nutrition with Wendi, LLC. is strictly done so in theory only, and these products may not have been approved by the FDA. Any companies or products mentioned by Nutrition with Wendi are not affiliated with Wendi Irlbeck, MS, RDN, LD, CISSN and The Nutrition with Wendi staff is not liable for any negative repercussions associated with consumption of any aforementioned product or service. By agreeing to these terms I am accepting that I will not hold Nutrition with Wendi accountable for any issues, health related or non- health related that may result from consuming a product theoretically suggested/ recommended by Nutrition with Wendi. I understand that I am responsible for understanding my own body and the health risks involved in consuming a dietary supplement.
10. I agree to deliver payment in full before timeof service and agree that I am responsible for delivering payment on a recurring basis for any services provided by Services with Wendi. I also acknowledge and consent that there will be no refunds for services that include consultations, presentations, or QA sessions.
11. A 24-hour notice is required for all cancellations.With such notice, Nutrition with Wendiis able to schedule someone else in your time slot. Services with Wendi will charge 100% of the service or you will surrender your check-in you scheduled for any appointment if it is canceled without the 24-hour notice or without notice.We appreciate your understanding and cooperation.
12. Dietitians are not available between calls. We encourage you to save questions for the next session.
13. I have read this liability waiver and assumptionof risk and fully understand its terms. I understand that I am giving up my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
You hereby agree to the terms set forth in this page for me (as a participant) or a Parent/Gurdian of a minor. You also further agree to indemnify and hold harmless Nutrition with Wendi LLC. from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor. and