Client Terms & Conditions - Weight Loss Direct

The Comprehensive Approach To Personalized Weight Loss

PROGRAM TERMS & CONDITIONS

WLD UNLIMITED PROGRAM WELLNESS SERVICES PROVIDED

- UNLIMITED Program (Up to 3 rounds max per year; each weight loss program must be completed by the client meeting the full 40 days prior to receiving another weight loss kit) & Weight Loss Direct™
- UNLIMITED Weight Loss DIRECT Intelligence™ Analysis with the Weight Loss Direct™ Protocols
- Specific Personalized Food Plans determined by Weight Loss Direct Intelligence™
- Personalized Synergistic Supportive Nutritional Supplements
- HydroVitalize nutritional support supplement cellular hydration
- HydroMolecular a Powerful Molecular Hydrogen product
- MineralMost to help optimize cellular electrical
- Weight Loss Direct™ Formula (up to 3 bottles per year)
- Weight Loss Direct™ Wellness Formula (up to 6 bottles during program)
- Weight Loss Direct Community Client Portal for an abundance of resources
- Your own WLD BC-12 Body Composition Scale w/ capability to measure Body Fat, Water, Metabolic Age
- Virtual BCA and Coaching Every 10-14 Days or as
- Advanced Remote Patient Monitoring Application access to successfully guide you through the
- 10% off membership discount

WEIGH IN & Evaluations (Body Composition Analysis – Every 10 to 14 Days) Completed Via Phone or Video Conference. Daily Journaling, Monitoring & Feedback Provided with RPM Application & Synced BC-12 Scale

40 Day Classic Program PROGRAM WELLNESS SERVICES PROVIDED

- 40 Day Classic Weight Loss Direct Program
- 1-Weight Loss DIRECT Intelligence™ Analysis with the Weight Loss Direct™ Protocols
- Specific Personalized Food Plans determined by Weight Loss Direct Intelligence™
- Personalized Synergistic Supportive Nutritional Supplements
- HydroVitalize nutritional support supplement cellular hydration
- HydroMolecular a Powerful Molecular Hydrogen product
- MineralMost to help optimize cellular electrical
- Weight Loss Direct™ Formula
- Weight Loss Direct Community Client Portal for an abundance of resources
- Your own WLD BC-12 Body Composition Scale w/ capability to measure Body Fat, Water, Metabolic Age
- Virtual BCA and Coaching Every 10-14 Days or as
- Advanced Remote Patient Monitoring Application access to successfully guide you through the
- 10% off membership discount

20 Day Classic Program PROGRAM WELLNESS SERVICES PROVIDED

- 20 Day Classic Weight Loss Direct Progam
- 1-Weight Loss DIRECT Intelligence™ Analysis with the Weight Loss Direct™ Protocols
- Specific Personalized Food Plans determined by Weight Loss Direct Intelligence™
- Personalized Synergistic Supportive Nutritional Supplements
- HydroVitalize nutritional support supplement cellular hydration
- HydroMolecular a Powerful Molecular Hydrogen product
- MineralMost to help optimize cellular electrical
- Weight Loss Direct™ Formula
- Weight Loss Direct Community Client Portal for an abundance of resources
- Your own WLD BC-12 Body Composition Scale w/ capability to measure Body Fat, Water, Metabolic Age
- Virtual BCA and Coaching Every 10-14 Days or as
- Advanced Remote Patient Monitoring Application access to successfully guide you through the
- 10% off membership discount

General Terms & Conditions

1. Publicity Consent & Release. Client agrees to the terms of the Weight Loss Direct Testimonial Release, attached hereto as Exhibit A, in the event Client elects to provide Weight Loss Direct with a testimonial regarding our services, which such terms are hereby incorporated into this Agreement by reference, and which contains certain waivers of Client’s rights, consents to Weight Loss Direct use of the materials identified therein and releases Weight Loss Direct from liability for such use. Client acknowledges that he or she has had an opportunity to review this document prior to executing this Client agrees to permit Weight Loss Direct, LLC and Dr. Raymond Wisniewski, D.C. to access all of the client’s charts and records related to the Weight Loss Direct program. Weight Loss Direct, LLC and Dr. Raymond Wisniewski, D.C. may access these records through electronic means or any other appropriate method.
2. Client is urged to seek the advice of a physician before beginning any weight loss effort or regimen. Weight Loss Direct provides a weight loss management program and provides products and information that are intended only to assist users in their personal weight loss efforts. Weight Loss Direct staff will not give Client medical advice or diagnosis. Nothing contained in the Plan should be construed as medical advice or diagnosis. If Client has any questions regarding any lingering health concern, Client should seek medical assistance.

ALL GENERAL HEALTH-RELATED INFORMATION AND CONTENT CONTAINED IN ANY MATERIALS PROVIDED TO CLIENT (“MATERIALS”) IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

UNDER NO CIRCUMSTANCES SHOULD CLIENT USE ANY OF THE INFORMATION CONTAINED IN THE MATERIALS OR ANY PRODUCTS RECOMMENDED OR PROVIDED TO CLIENT BY WEIGHT LOSS DIRECT TO DETERMINE WHETHER OR NOT CLIENT SHOULD DELAY SEEKING ANY MEDICAL TREATMENT, OR PROFESSIONAL MEDICAL ADVICE.

Weight Loss Direct does not make any representations concerning the effectiveness of any treatment, course of action, test, product or service referenced in any Materials.

Every effort has been made to ensure the completeness and the accuracy of the information contained in the Materials. However, Weight Loss Direct does not assume any responsibility for any errors, omissions or any inconsistencies in any health-related or other information contained in the Materials. In addition, events or changes occurring after the Materials were written may render some of the information contained obsolete, incomplete or inaccurate. Client is encouraged to confirm any information obtained from or through the Materials with other resources, including Client’s physician.

No statements or other information contained in the Materials have specifically been evaluated or approved by the Food and Drug Administration (FDA). NO PRODUCT OFFERED OR RECOMMENDED BY WEIGHT LOSS DIRECT IS INTENDED TO TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION AND WEIGHT LOSS DIRECT DOES NOT MAKE ANY CLAIMS TO THIS EFFECT. WEIGHT LOSS DIRECT SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO CLIENT FOR ANY TYPE OF DAMAGES CLIENT MAY INCUR, OF WHATEVER KIND OR NATURE, FROM ANY INFORMATION, ADVICE OR INSTRUCTIONS CONTAINED IN THE MATERIALS OR FROM ANY SERVICES OR PRODUCTS THAT CLIENT OBTAINS FROM WEIGHT LOSS DIRECT OR THROUGH ANY INFORMATION CONTAINED IN THE MATERIALS. If Client has any health conditions or concerns Client should seek medical assistance.

1. LIMITATION OF LIABILITY. CLIENT AGREES THAT WEIGHT LOSS DIRECT OR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, CLIENTS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS ITS SUCCESSORS AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE AND PARTICIPATION IN THE CARE PLAN INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. CLIENT AGREES THAT WEIGHT LOSS DIRECT’S LIABILITY SHALL IN ALL CASES BE LIMITED TO THE TOTAL PURCHASE PRICE OF THE PLAN PAID BY CLIENT. WEIGHT LOSS DIRECT SHALL NOT BE LIABLE TO CLIENT AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, CLIENT AGREES TO WAIVE CLIENT’S RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT CLIENT’S WAIVER OF SUCH CLAIMS.
2. Ownership & License of Materials. Client agrees that the copyrights and all other ownership rights pertaining to any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files or any other separate materials that are contained in any materials Company provided to Client (collectively referred to as “Materials”) shall belong exclusively to Company. The client is hereby granted a single perpetual, royalty-free, non-exclusive and revocable license to view and access the Materials for Client’s own personal use only. Client agrees that Client shall not allow any third parties to view, use or otherwise benefit from the Materials in any manner whatsoever.
3. Amendment/Entire Agreement. No amendment or modification of any of the terms or provisions of this Agreement shall be effective or enforceable unless reduced to writing and signed by both The foregoing is the agreement between the Parties hereto as it now exists at the execution hereof and it is expressly understood, agreed and distinctly acknowledged that all previous communications and negotiation between the Parties, either written or oral, not contained herein are hereby withdrawn, nullified, and void.
4. Force Majeure. Weight Loss Direct may suspend the performance of its obligations hereunder in the event of any of the following contingencies, if by reason of any such contingency, it is materially hampered in the performance of its obligations under this Agreement or such performance becomes impossible or commercially impracticable due to: act of God, fire, catastrophe, acts of government, acts of government agencies or government officers, any order, regulation, or any other cause beyond Weight Loss Direct’s
5. Venue & Choice of Any disputes under this Agreement are to be resolved through arbitration filed with the American Arbitration Association, and only with damages capped at the fee paid by the client.
6. Refund Within 5 days you may cancel for a full refund if all items are returned and are all unopened. The refund will be calculated by taking the money that you paid, minus the cost incurred to Weight Loss Direct of the Selected program$449(Unlimited Program) $399 (40 Day Program) $299 (20 Day Program) which is non-refundable under any circumstances. The difference between the money paid by the client and the cost of the classic 40-day program will then be calculated. Any refund that is given prior to the completion of the program will be based on the consumer guarantee and return policy and will be given after all products are returned and received by Weight Loss Direct. Wellness or Weight Loss programs purchased must be started within 90 days of the purchase date unless otherwise stated in writing by Weight Loss Direct.
7. Reservation of Rights. All rights not expressly granted in this Agreement are retained by Weight Loss Direct, including any electronic rights or usage, and including, but not limited to, all rights in sketches, drawings, images or other works contained in any written
8. If any one or more of the provisions in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any other document.
9. No Waiver. No waiver by a party of any provision of this Agreement shall operate as, or be deemed to be, a continuing waiver of such provision or a waiver of any similar or dissimilar provision, unless such waiver is contained in a written instrument signed by the party against whom enforcement is sought.
10. Counterparts. The Agreement may be executed in any number of counterparts and by facsimile or portable digital format (.pdf), each of which will be deemed an original, but all of which together will constitute one and the same
11. Caloric I acknowledge that I have been recommended to eat 800 calories per day during phase 2 and 3 of the Weight Loss Direct program (typically 40 to 45 days) for safe weight loss, as well as adhering to other dietary and lifestyle restrictions. I further acknowledge that I am solely responsible for maintaining and reviewing my own calorie intake. If I choose to eat less than 800 calories per day, I have been told that I do so at my own risk and that I should not eat less than 800 calories per day without the expressed permission and supervision from my Primary Care Physician. I agree to indemnify and hold harmless Dr. Raymond Wisniewski, DC and Weight Loss Direct, LLC, its officers, agents, employees and assigns, from any and all causes of action, claims, demands, loss of any nature whatsoever arising out of or in any way related to eating less than 800 calories per day.
12. Weight Loss Direct Consumer Guarantee. The Weight Loss Direct Program consumer guarantee protects you, the consumer by making Weight Loss Direct obligated to give you a refund of a pro-rated amount of your program fee proportionate to your weight loss success. The Weight Loss Direct 40-Day Weight Loss Program consists of 6 Phases. Weight Loss Direct provides personal coaching and other resources over a 65-day period of which typically between 40 to 45 days involve low calories (800 calories / day) and other lifestyle modifications. If at any point you have not lost 20 pounds during the 65+ days of the Weight Loss Direct Weight Loss program, Weight Loss Direct will give the client the choice of either continuing their program until they lose at least 20 pounds, or the client may instead choose to receive a refund for a pro-rated amount of your program fee proportionate to your weight loss success. For example, if you were to lose a maximum of 18 pounds during the Weight Loss Direct 40 Day Weight Loss Program, you would be entitled to a refund equal to 10% of the purchase price. This consumer guarantee does not apply to the Weight Loss Direct Wellness Program or the Weight Loss Direct 20-Day Weight Loss The Weight Loss Direct Unlimited Program 35 Lb. guarantee is a cumulative guarantee totaled from the highest point during each completed weight loss program 1 year from the start date of the first program. The Weight Loss Unlimited 35 Lb. guarantee is only valid when a minimum of 2 programs have been properly completed.

Acknowledgments by You. I acknowledge the following statements to be true by accepting these terms and conditions prior to completing the purchase.

iii I acknowledge that I am an Adult, in full capacity, and do not feel pressured in any way and am willing and able to make decisions regarding this purchase, without the need of a spouse, significant other, guardian, parent, family client or friend.

iii I acknowledge that I have had a consultation with the staff, coach or healthcare professional privately about my current health status, health concerns, the details of the program, benefits and requirements of the Program conducted by the Company before signing this Agreement.

iii I acknowledge that this program involves a low calorie (800 calorie diet therapy) that typically lasts for 40 to 45 days of the 65+ day program.

iii I acknowledge that the Company incurs certain costs per each client in order to provide the Program. There are initial costs of $449(Unlimited Program) $399 (40 Day Program) $299 (20 Day Program) which is non-refundable under any circumstances.

iii This agreement was purchased during a promotional pricing period. Agreements purchased during any promotional period must be started within 180 days of the date of purchase. After 180 days any refund will be given in office credit only.

iii Unlimited programs are offered to one client only and are non-transferable.

The above terms govern your purchase and participation in the Weight Loss Direct Wellness Program (“Program”) and represents a binding agreement between you, the undersigned (sometimes referred to as “you”, “I” or “me”), and Dr. Raymond C. Wisniewski, D.C. and Weight Loss Direct, LLC, a Pennsylvania limited liability company (“Weight Loss Direct” or sometimes referred to as “us” or “we”). The Terms and Conditions below are incorporated by reference and any acceptance by Weight Loss Direct will incorporate and be conditioned upon the Terms and Conditions below and contain the total agreement of the parties, and all agreements entered into prior to or contemporaneously with the execution of this Agreement are superseded and excluded, whether oral or in writing. My signature below indicates that I have read this entire document, including the “General Terms & Conditions” – paragraphs A – M. I understand these sections completely and agree to be bound by the terms of these sections.