Terms & Conditions
This is an agreement between Lakeside Weight Loss Inc. (the “Service Provider”) and the “Client” or “You”, seeking out nutrition counselling, diet and exercise planning and support, and guidance for weight loss.
Services
1. The Service Provider shall provide the Services, as defined in paragraph 2 herein, to the Client in accordance with the terms and conditions of this Agreement.
2. You agree that the Service Provider shall provide the following Services (the “Services”):
a. A meal & exercise plan highlighting the quantity and type of food as the Registered Dietitian deems necessary and an exercise plan which includes the method and the frequency they shall be performed.
b. Updates to your plan in the manner and frequency that the Registered Dietitian deems necessary.
3. The Service Provider shall also:
a. Answer your messages, emails, and phone calls whenever feasible, and during office hours, as may be set by the Service Provider for the duration of your program.
b. Provide you with feedback in the frequency and manner the Registered Dietitian deems necessary.
4. Lakeside Weight Loss Inc. recommends you consult your physician before undertaking any diet or exercise plan and before you implement any of the Services.
Client Obligations
5. The Client, wishes to procure the Services of the Service Provider and agrees to the obligations hereunder:
a. Weigh yourself each morning and upload your weight each morning on “Practice Better” for the entire length of the program.
b. Message the Registered Dietitian exclusively on “Practice Better” if you have a question.
c. Arrange regular phone/video calls with the Registered Dietitian on “Practice Better” (one per week) to discuss your progress for the entire length of the program.
d. Record your meals and exercise on “Practice Better” (or equivalent as determined by Lakeside Weight Loss Inc.) daily for the entire length of the program.
e. Follow the diet and exercise plan the Registered Dietitian has provided you/will provide you for the entire length of the program.
f. Complete the Success Checklist daily and send it to the Registered Dietitian every night by 11:59 p.m. for the entire length of the program.
g. Immediately report to your Physician any changes in your overall health, medical condition, psychological condition, as well as the reasons and results for visiting any healthcare professional.
6. You understand that a failure to fulfill any of the aforementioned can result in the cancellation of the Services offered to you by the Service Provider to you without refund. A decision to discontinue Services shall be in the sole discretion of the Service Provider.
Indemnity
7. You agree that you have procured the Services of the Service Provider which will include, but may not be limited to, diet and exercise planning. In consideration of the Service Provider’s agreement to assist you, you do here and forever release and discharge and hereby hold harmless the Service Provider., as well as its respective owners, representatives, agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with the Services provided by the Service Provider including any injuries resulting therefrom, which may include death.
Acknowledgment
8. By communicating with the Service Provider via email, text, or any other platform, you accept the inherent risk that your information is not 100% secure.
9. The nutrition and exercise information provided by the Service Provider is designed for and solely intended to be suggestions which may voluntarily be implemented into your diet and exercise routines.
10. Use of any nutrition information provided is completely voluntary and each user is solely responsible for their voluntary choice to implement the dietary and exercise suggestions. It is the sole responsibility of the Client to provide complete and accurate information. Any misinformation or omitted information may affect the nutritional assessment or advice. Any misrepresented information is solely the Client’s responsibility, and the Service Provider will not be liable.
11. The program length is defined as: three (3) months for Clients who purchased the bronze package, six (6) months for Clients who purchased the sliver package, or nine (9) months for Clients who purchased the gold package. Extensions to the program length may be made by agreement of both the Service Provider and the Client. The program will end three (3) months after the start date for Clients who purchased the bronze package, six (6) months after the start date for Clients who purchased the silver package, and nine (9) months after the start date for Clients who purchased the gold package. The start date is defined as the day after the Client makes payment for their package, or another date as determined by both the Service Provider and the Client.
12. You agree that no warranties, guarantees, or representations have been made to you regarding the results you will achieve from the Service Provider’s Services. You agree that results may vary. There are no refunds under any circumstances. All sales are final. You agree that quitting and/or requesting an end to the program early (before the 3, 6, or 9 months of program length are fully complete) for any reason will result in the cessation of all Services to you without any refund. You agree that being unsatisfied with the Services provided does not make you eligible for a refund. You agree that if your insurance does not accept your insurance claim for whatever reason, no refund will be issued to you. By signing this agreement, you accept and agree with all of the limitations in this agreement on any possible refund. The Service Provider’s Services to you cannot be transferred to any other individual. You agree that any images or messages shared with or sent to the Service Provider become the property of the Service Provider and may be used for marketing purposes.
13. Program abandonment: The Client is deemed to have abandoned the program after failing to contact (via message, email, or phone call) the Registered Dietitian for seven (7) consecutive days. Exceptions to this will be made for Clients on vacation outside of Canada, who have informed the Registered Dietitian of their departure and the length of their vacation. If the Client has abandoned the program, all Services to them are ceased and they are ineligible for any refund whatsoever.
14. You may request that your program be paused. Your program may be paused indefinitely. You agree that if your Registered Dietitian is terminated, resigns, or is otherwise unable to provide you with the Services agreed to, that the Service Provider shall pause your program, and seek to employ or contract an alternative Registered Dietitian to continue to deliver your program within a reasonable time frame, not exceeding six weeks.
15. Lakeside Weight Loss Inc. provides nutrition and exercise consulting and recommendations only and is not licensed to diagnose or treat any medical condition or illness. The Client must consult a physician for any medical advice. Any nutrition information provided is not intended to diagnose, treat, cure, or prevent any type of disease or condition. If you need specialized dietary planning to treat, cure, or prevent any type of disease or condition, you should consult with your medical doctor. If you currently have (or have had in the past) any medical condition that requires special dietary restrictions, you must receive permission from your physician before receiving the Service Provider’s Services or may be advised to seek help from another health professional. You recognize that specific foods may create allergic and possible fatal reactions. You have therefore specified any food allergies/sensitivities you are aware of on the Intake Form. You are aware that specific foods may interact with certain medications. You have therefore specified all prescriptions, supplements, and over-the-counter medications on the Intake Form, and have discussed the side effects of all of your medications with your doctor or pharmacist. You agree that the Service Provider., is in no way liable for your health or safety.
16. In consideration of your procurement of the Services offered by the Service Provider, you hereby accept all risk to your health, including injury or death that may result from any of the Services offered by the Service Provider and you hereby release the Service Provider as well as the Service Provider’s, respective owners, representatives, agents, heirs, assigns, contractors, and employees from any and all costs, claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with the Services provided by the Service Provider including any injuries or death resulting therefrom, on your behalf and on behalf of your personal representatives, estate, heirs, next of kin, and assigns, whether caused by negligence or otherwise. By signing at the end of this agreement, you hereby agree to assume full responsibility for any manner of loss, injury, claim or damage whatsoever, known or unknown, incurred as a result of the Services offered by the Service Provider.
Severability
17. The paragraphs of this Agreement are separate and distinct covenants, severable from each other. If any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall apply to the provision only to the extent of that invalidity or unenforceability and shall not affect the validity or enforceability of any other provision.
18. The headings in this Agreement identifying various sections, paragraphs, subsections and clauses are inserted for convenience only and are in no way intended to describe, interpret, define, affect the construction of or limit the scope, extent or intent of this Agreement, or any provision of this Agreement.
Entire Agreement
19. This Agreement, together with all Schedules, Notices, Appendices and the documents incorporated herein by reference, constitute the entire agreement of the parties regarding the Nutrition Counselling Service and supersede all prior written or oral agreements, negotiations, or representations between the parties, including any and all prior discussions and interviews. In the event of any inconsistency between the statements in the body of this Agreement or the statements of another document incorporated herein, the statements in this Agreement shall prevail.
Amendment; Modification; Waiver
20. This Agreement may not be amended, modified, altered or supplemented other than by means of a written instrument duly executed and delivered by each of the parties hereto.
21. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Jurisdiction
22. This Agreement, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the Province of Ontario and the parties agree to the exclusive jurisdiction of the courts of the Province of Ontario in relation to the enforcement of this Agreement.
Counterparts/Email
23. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which taken together will constitute one and the same instrument. A signature page to this Agreement that contains a copy of a party’s signature and that is sent by such party or its agent with the apparent intention (as reasonably evidenced by the actions of such party or its agent) that it constitute such party’s execution and delivery of this Agreement, including a document sent by facsimile transmission or by email in portable document format (pdf), shall have the same effect as if such party had executed and delivered an original of this Agreement.
In signing this Agreement, you understand, acknowledge, and accept this Agreement in its entirety. Please confirm your agreement and consent with everything in this agreement by signing your name at the end of this agreement.