This Program is for Informational Purposes Only & Must Not Be Construed as Medical Advice In Any Way
Our goal in working together is to encourage you to become knowledgeable and responsible for your own health & reaching your personal optimal level of health. Lauren Rasky and Rasky Health & Wellness, LLC (RHW) are not providing medical information of any type, nor are we diagnosing or providing treatment for any health conditions. We recommend that you consult with your physician before making any changes to your health routine, diet, exercise, etc. Our programs and consultations provide informational tools and resources, and it is intended that you make your own decisions in regards to how you apply the information provided.
Lauren Rasky is certified as a Holistic Health Coach, Holistic Nutritionist, and an Integrative Health Practitioner. This means she is able to provide educational resources, guidance & coaching in following protocols established by trained professionals. She is not a licensed medical professional or registered dietician and is not trained to provide medical diagnoses, and no comment or recommendation should be construed as a medical diagnosis or medical advice. Since all persons are unique, no specific results can be guaranteed. What Lauren can provide is resources, support & guidance in adopting a healthier lifestyle.
If you suffer from a medical or pathological condition, you need to consult with an appropriate healthcare provider. Lauren Rasky and RHW is not a substitute for your family physician or other appropriate healthcare provider. A Health Coach, Nutritionist or Integrative Health Practitioner is not trained nor licensed to diagnose or treat pathological conditions, illnesses, injuries, or diseases. If you are under the care of another healthcare provider, it is important that you contact your healthcare providers and alert them to your use of nutritional supplements. Nutritional supplements may be a beneficial adjunct to more traditional care, and it may also alter your need for medication. Therefore, it is your responsibility to make your health care providers aware of any changes you make to your health routine or diet as well as any supplementation added.
If you are using medications of any kind, you are required to alert Lauren Rasky / RHW practitioners to such use, as well as to discuss any potential interactions between medications and nutritional products with your pharmacist. If you have any physical or emotional reaction to dietary changes or supplement usage, discontinue their use immediately, and contact your healthcare provider as well as Lauren Rasky to ascertain if the reaction is adverse or an indication of the natural course of the body's adjustment to any protocols.
WAIVER & LIABILITY - I understand it is my responsibility to consult with my health care provider before implementing any information provided, and I do not hold Rasky Health & Wellness, Lauren Rasky, or staff / members liable.
In completing this form and purchasing a consult / package, I, [FullName], acknowledge that I am a participant in an informational program conducted by Rasky Health & Wellness, Lauren Rasky and staff members. I acknowledge that any information provided is not to be construed as medical information, and it is my responsibility to consult with my medical provider before implementing any information provided. I am aware that and acknowledge that there is no insurance of any kind covering participants and that I will be covered by my own or family insurance. If I do have any underlying medical problems or recent injuries, I will notify the instructors of my circumstances prior to any participation. All participants accept these terms by making this purchase and if a minor must have a parent’s written approval.
In consideration of being allowed to participate in and access the coaching & information provided by Lauren Rasky, Rasky Health & Wellness, and staff, in addition to the payment of any fee or charge, you hereby (1) agree to assume full responsibility for consulting your health care provider on implementing any information provided and assume full responsibility for any and all injuries, illness or damage which are sustained or aggravated by you in relation to the coaching information provided by Rasky Health & Wellness, Lauren Rasky and staff, (2) waive, release and forever discharge Rasky Health & Wellness and its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages resulting from your participation in and use of the program, coaching & information provided, and (3) represent you have no medical or physical condition which would prevent you from participating in programs or coaching by Rasky Health & Wellness, and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. Rasky Health & Wellness hereby advises you that individuals with any chronic disabilities or conditions are at risk in using Rasky Health & Wellness programs, and are advised against doing so.
IN NO EVENT SHALL RASKY HEALTH & WELLNESS, LAUREN RASKY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AN/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPANY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RASKY HEALTH & WELLNESS AND LUX FITNESS / LUX BOOTCAMP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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Terms and Conditions for Rasky Health and Wellness, LLC
Effective Date: September 28, 2023
Please carefully read these Terms and Conditions ("Terms") before utilizing the services provided by Rasky Health and Wellness, LLC ("we," "us," or "our"). These Terms apply to all users of our services, including but not limited to users of our website, mobile application (the "App"), and participants in in-person or online fitness classes or nutrition or health coaching ("Classes"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use our services.
1.1. We offer a range of fitness and health coaching services, including in-person fitness classes, access to the App, and resources on our website.
1.2. The use of our services may be subject to additional terms and conditions, which will be provided to you at the time of use.
2.1. To use the App and access certain services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.2. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.
3.1. We may provide coaching services through the App and in-person Classes. Coaches may offer various fitness and health coaching services, and the terms of engagement are determined by the Coach and participant individually.
3.2. Participants in Classes must follow the instructions provided by instructors and use appropriate safety precautions.
4.1. The fees for our services are determined by us and may be subject to change.
4.2. Payment for services is handled through the App or other designated payment methods. By using our services, you agree to pay all fees as specified.
5.1. Participation in fitness activities, including Classes, carries inherent risks of physical injury or illness. You understand and voluntarily accept these risks.
5.2. To the fullest extent permitted by law, you hereby release, waive, discharge, and hold harmless Rasky Health and Wellness, LLC, its officers, employees, coaches, and affiliates from any and all liability, claims, demands, actions, or causes of action now or in the future, whether known or unknown, arising out of or related to your participation in our services, including but not limited to Classes.
6.1. Our Privacy Policy, available on our website and App, explains how we collect, use, and disclose information about you. By using our services, you consent to our Privacy Policy.
7.1. We reserve the right to terminate or suspend your account and access to our services at our sole discretion without notice for any reason, including if you violate these Terms.
8.1. We reserve the right to modify or revise these Terms at any time. You will be notified of any changes to these Terms, and your continued use of our services after such changes constitute acceptance of the revised Terms.
9.1. The information, content, and materials provided through our services, including the App, website, and in-person Classes, are for informational purposes only. They are not intended to be a substitute for professional medical advice, diagnosis, or treatment.
9.2. You acknowledge and understand that the information provided by us is not medical advice, and you should not rely on it as such. Always seek the advice of your physician or other qualified healthcare provider before making decisions about your health and fitness.
9.3. We make no representations or warranties regarding the accuracy, completeness, or effectiveness of the information provided. We are not responsible for any actions or decisions you make based on the information obtained through our services.
9.4. Participation in fitness activities and the use of our services should always be done under the guidance of a qualified healthcare provider, especially if you have pre-existing medical conditions or concerns.
By using our services, you acknowledge that you have read, understood, and agreed to this Disclaimer. It is your responsibility to seek professional medical advice when necessary and to use our services as supplementary information for your health and fitness journey.
- Arbitration Agreement & Class Action Waiver
10.1. Agreement to Arbitrate
You and Rasky Health and Wellness, LLC agree that any dispute, claim, or controversy arising out of or related to these Terms or the provision of our services, including but not limited to disputes related to billing, service, or our handling of your personal information, shall be resolved by binding arbitration, except as otherwise provided in this Agreement.
10.2. Class Action Waiver
You and we agree that any arbitration or court proceeding will take place on an individual basis. You expressly waive the right to bring or participate in any class action or class arbitration. This means that any claims, disputes, or controversies between you and us must be brought in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
10.3. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the rules and procedures of the American Arbitration Association ("AAA"). To initiate arbitration, you must send a written demand for arbitration to the AAA and provide a copy to us.
10.4. Governing Law
This Arbitration Agreement is governed by the Federal Arbitration Act and is enforceable in federal court if the arbitrator's decision is not followed. The arbitration will take place in [City, State], unless you and we agree to a different location.
10.5. Opt-Out
You may opt out of this Arbitration Agreement within thirty (30) days of first using our services by sending written notice to [Contact Information]. If you opt out, any disputes or claims between you and us will be resolved in accordance with applicable laws and the court system, rather than through arbitration.
10.6. Severability
If any part or provision of this Arbitration Agreement is found to be invalid, unenforceable, or illegal, the rest of the Agreement will remain in effect and enforceable.
10.7. Acknowledgment
By using our services, you acknowledge that you have read, understood, and agreed to this Arbitration Agreement and Class Action Waiver. You understand that it limits your rights to litigate disputes in court and to participate in class actions or class arbitrations.
- Prohibition on Copying or Sharing Information
11.1. Restrictions on Information Sharing
You agree not to copy, reproduce, distribute, or share any content, materials, or information provided by us, including but not limited to content from the App, website, or in-person Classes, with third parties without our express written consent.
11.2. Intellectual Property Rights
All content, materials, and information provided through our services are protected by intellectual property laws and are our property. You agree not to infringe upon our intellectual property rights or those of our licensors.
11.3. Confidentiality
If you are provided with any confidential or proprietary information, you agree to keep such information confidential and not to disclose it to any third parties.
11.4. Consequences of Violation
Violation of this prohibition on copying or sharing information may result in the termination of your account and access to our services, as well as legal action to protect our intellectual property rights.
11.5. Acknowledgment
By using our services, you acknowledge that you have read, understood, and agreed to this Prohibition on Copying or Sharing Information. You understand the importance of respecting our intellectual property and confidentiality.
- Contact Information
If you have any questions about these Terms or our services, please contact us at [Contact Information].
By using our services, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Rasky Health and Wellness, LLC.
Rasky Health and Wellness, LLC
12121 Frankstown Rd
Unit #5034
Pittsburgh, PA 15235
(724) 382-8188
[email protected]
Date of Last Revision: September 28, 2023