terms and conditions
1. Content on the Website
2. Account Security
You are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase and/or use the Léo Cressant Service. You agree to (a) immediately notify Léo Cressant of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you logout from your account each time you exit your account and after training session. Léo Cressant will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3. Term and Termination
Léo Cressant may, at its option, terminate your membership if (1) the monthly payments are interrupted or discontinued for any reason and you or your co-signer do not provide an acceptable alternative, (2) you violate any part of this agreement or (3) your conduct is improper or harmful to the best interest of Léo Cressant or others. Termination is effective on the date Léo Cressant mails a written notice to your last known address. You are liable for all financial obligations until that date and for the dues and fees of any remaining unused months. If you prepaid your dues and fees, Léo Cressant will not refund unused portion.
4. Your Interactions with Other Members
Interactions with Other users and Members. You are solely responsible for your interactions with other users of the Website (“Users”) or Members. Léo Cressant makes no representations or warranties as to the conduct of Users or Members and shall not be in any way liable for any conduct of any User or Member. You agree to take reasonable precautions in all interactions with other Users and Members, particularly if you decide to meet offline or in person a User and/or a Member. You should not provide your financial information (for example, your credit card or bank account information) to other Users or Members. Release. You hereby release Léo Cressant, its affiliates, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users or Members.
5. Promotions, discounts and bonus time
Léo Cressant may periodically run promotions that may include bonus time on dues, discounted rates or other incentives to enroll in Léo Cressant services. All incentive programs adhere to the Léo Cressant terms and conditions. New enrollment incentives are for first time clients only. Current members may not be eligible for current discounts or promotions. Léo Cressant may run promotions exclusively for current and active clients and the terms and conditions related to internal marketing vary depending on the promotion type and details of such programs may not be included here.
6. Cancellation and Refund
By enrolling in any program and completing a purchase of any Léo Cressant service you acknowledge and agree you have read and understands the Terms, Conditions, Procedures, Rules & Regulations of Léo Cressant. You also acknowledge and agree to the following cancellation and refund policy: (1) You, the buyer, may cancel an order at any time prior to the midnight of the fifth business day of enrollment, excluding Sundays and holidays. Enrollment is defined by submitting your first payment. (2) A refund or partial refund may be granted If you cancel this agreement within 5 days of enrolling. You will be billed a minimum of 100€ service fee for any work done by Léo Cressant on your behalf within the 5-day cancellation term. This includes communication, administration, or any activity related to your program including technology service set-up (Léo Cressant app), agreement generation, workout programming or meal planning, whether completed or not. (3) You the buyer acknowledge that there are NO refunds on meal plans and the full retail price of 150€ of a Léo Cressant meal plan will be subtracted from your refund if a meal plan was created for you prior to cancellation. (4) You also acknowledge that all Léo Cressant subscription programs are either 3 months or 6 months contract commitment and after the 5-day cancellation period, you will be responsible for the term of the agreement. (5) Léo Cressant subscription programs may be canceled with written 10-day notice as indicated above and no refunds will be granted. (6) If purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate shall be relieved of the obligation to pay any remaining balance. (7) There are NO refunds on any delivered meal plan and verification of sent plans will be validated by the outgoing mail system of Léo Cressant. (8) You acknowledge that the scheduling of coaching session is your responsibility and these sessions do not carry over monthly or accumulate. Each Léo Cressant program includes a set monthly or weekly series of coaching sessions and they expire at the end of each billing cycle and are non-refundable. However, Léo Cressant may accommodate you for planned absenteeism, emergencies, vacations or limited terms agreed upon separately from this agreement.
7. Fit Plan, Mindful Plan, Premium Plan, other Plans and challenges (« program ») Cancellation & Refund
By enrolling in a program and completing a purchase of any Léo Cressant service you acknowledge and agree you have read and understands the Terms, Conditions, Procedures, Rules & Regulations of Léo Cressant. You also acknowledge and agree to the following cancellation and refund policy: (1) You, the buyer, may cancel this agreement at any time prior to the midnight of the fifth business day of enrollment, excluding Sundays and holidays. Enrollment is defined by submitting your first payment. (2) A refund or partial refund may be granted If you cancel this agreement within 5 days of enrolling. You will be billed a minimum of 100€ service fee for any work done by Léo Cressant on your behalf within the 5-day cancellation term. This includes communication, administration, or any activity related to your program including technology service set-up (Léo Cressant app), agreement generation, workout programming or meal planning, whether completed or not. (3) You the buyer acknowledge that there are NO refunds on the program and you are responsible for adhering to the program. (4) You acknowledge that the scheduling of coaching session is your responsibility and these sessions do not carry over monthly or accumulate. Each Léo Cressant program includes a set monthly or weekly series of coaching sessions and they expire at the end of each week and are non-refundable. However, Léo Cressant may accommodate you for planned absenteeism, emergencies, vacations or limited terms agreed upon separately from this agreement. (8) If purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate may submit a request for a refund on the pro-rated remaining balance.
8. In Person Coaching and coaching services
(1) Your coach will utilise its skills, knowledge and experience in preparation and the conducting of training sessions in a way that will take into account the Clients personal goals, fitness level, ability, injuries or illnesses and preferences. The role of the Coach is to, as far as reasonably possible, oversee the Client’s progress and help their training/performance, providing advice, education and support in efforts to progress and achieve their goals. (2) Liability Waiver – It is important that you ensure that any answers and information provided by you be true and accurate, and you disclose any information that may be relevant to your participation in the Services in question. (3) Medical Clearance – Léo Cressant may request that you provide Medical Clearance by a Doctor or Medical Professional at any time. It is the responsibility of the Client to obtain such clearance, where relevant, prior to undertaking any of the Services provided by Léo Cressant. (4) Initial Questionnaires/Forms – All clients must complete the Initial Questionnaires, which will be sent electronically to the client email, and in doing so provide as much information that may be relevant for our purposes. (5) Assessment Process – New Clients may be required to participate in the Assessment Process or any other Screening that Léo Cressant deems necessary prior to starting any Services. (6) Training Program – Following the Initial Assessment your Coach may prepare a training program for you based on information gathered in the Questionnaire and throughout the Assessment Process. (7) Nutritional programming, education and recommendations may be provided (depending on the Service) and the way in which this occurs may vary. (8) Nutrition Disclaimer – Léo Cressant is not Accredited Practicing Dietician’s or Exercise Physiologist’s, and any Nutritional advice or recommendations or other related content should not be taken as medical advice, in place of medical advice or to treat any disease. You should seek a medical professional beforeundergoing any nutritional or physical intervention. (9) Client Personal Information – All personal information of the Client will be kept private and confidential – However, in instances relating to genuine health concerns of the Client, the Coach may be required to disclose some information to Allied Health Professions for advice, referrals or second-opinions. (10) Appropriate Attire – Please ensure you dress appropriately for physical activity and bring a sweat towel or other equipment or apparel as required. Footwear should be comfortable and provide adequate support. (11) Medical Needs – the Client is responsible for bringing any medication, or medical equipment that may become necessary throughout physical activity. (12) Session Duration – The duration of all Personal Training sessions are to be made and approved with and by Léo Cressant. Please do your best to arrive on time to each training session, and it is recommended that you arrive early to allow time to complete any rehabilitation or warm up exercises where appropriate. (13) Late Arrival – If you are late to a scheduled session time, no extension of time is to be provided by the Coach, and the session will accordingly end at the allotted time. If however the Coach is late to the scheduled session time, additional time will be added to the session to ensure the agreed duration is met. (14) Open Communication – Client-Coach transparency and open communication is recommended and at times necessary. It is the responsibility of the Client to inform their Coach if they are uncomfortable performing a movement, has an injury or illness, and/or is concerned with risking injury or illness, or any other reason that may prevent them from exercising safely, so the Coach can act accordingly to minimise any risks for the Client. (15) Referring Out – In instances where an injury or illness occurs or a Coach is not wholly capable of managing a Client related matter they may refer or recommend the Client to attend a third-party practitioner for assessment or treatment. It is the Clients responsibility to follow up and the Coach will be deemed to have done all reasonably necessary for the matter. (16) Refusal of Service – Léo Cressant reserve the right to refuse service to a client if it is reasonably believed to be appropriate given the information available to them. This refusal will be communicated to the client as soon as it becomes apparent to Léo Cressant, and may invoke the ‘Late Cancellation’ policy depending on the circumstances and reasons for the refusal.
9. Cancellations and rescheduling for In Person Coaching and coaching services
(1) 72 Hour Cancellation Policy – If you cancel a pre-booked or scheduled session within 72 hours of the session this will be deemed a ‘Late Cancellation’ and you will be charged for that session. Léo Cressant will enforce this policy. To avoid being charged, please provide sufficient notice of your cancellation. (2) Rescheduling Session(s) – If you reschedule a session within 72 hours, the 72 Hour Cancellation Policy will be enforced. (3) Notice of Cancellation or Rescheduling must be made in writing via electronic communication, being either email or text message. (4) Coach Unavailability – If for any reason your Coach is unable to attend a session you will be notified as soon as practicable, and the Coach will endeavour to reschedule the session to another time that suits both parties.
10. Modification of Terms
Léo Cressant reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page. This Agreement was last updated and is effective as of the “Updated” date indicated below. You should visit this page from time to time to review the then-current Agreement because it is binding on you and your continued use of or access to the Website and use and/or purchase of Léo Cressant Service after the posting of changes will be construed as your acceptance of the revised Agreement. For any material changes to this Agreement, such amended terms will automatically be effective 30 days after they are initially posted on the Website. Last Update: November 2019.
11. Individual Features and Léo Cressant Services
When using the Website and/or the Léo Cressant Service, you may be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time on the Website. All such Guidelines are hereby incorporated by reference in this Agreement. To the extent that any terms of these terms & conditions conflict with any Guidelines, these terms & conditions shall prevail.
You must be at least eighteen (18) years of age or the age of majority in the place of your residence to register as a Member or use the Léo Cressant Service. Membership in the Léo Cressant Service is restricted to natural persons. Membership to the Léo Cressant Service is void where prohibited. By using the Léo Cressant Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by this Agreement.
- Proprietary Rights. Léo Cressant, and its licensors, own and retain all proprietary rights in the Website and/or the Léo Cressant Service. The Website and/or the Léo Cressant Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Léo Cressant Service (the “Léo Cressant Materials”) that are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Léo Cressant Materials. Léo Cressant Materials do not include User Content (as defined below) or other content submitted by Users. Léo Cressant retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Website, the Léo Cressant Service or Léo Cressant Materials, except for the limited rights set forth in this Agreement.
- Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Website and/or the Léo Cressant Service, but not directly by Léo Cressant, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Léo Cressant does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website and/or the Léo Cressant Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website and/or the Léo Cressant Service. Under no circumstances will Léo Cressant or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website and/or the Léo Cressant Service or transmitted to or by any Users or Members.
- Health Information. The information provided through the Website and/or the Léo Cressant Service may contain general health information. THIS WEBSITE AND/OR Léo Cressant SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE Léo Cressant SERVICE. You represent that you are in good physical condition and may have no medical reason, impairment, or disability that vie might prevent you from using all Léo Cressant programs or services. As such, you acknowledge that Léo Cressant did not give you medical advice before you enrolled, and cannot give you any after you enroll, or discuss them with your doctor before participating in any programming.
14. Content Posted by You on the Website and/or the Léo Cressant Service
- Accurate Content. You are solely responsible for the User Content (as defined below) that you publish or display (a “post”) on the Website and/or the Léo Cressant Service or transmit to other Users and/or Members through any media form.
- Moderating Content. You understand and agree that Léo Cressant may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “User Content”), in each case in whole or in part, that in the sole judgment of Léo Cressant, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of other Users or Members.
- License to User Content. By posting User Content to any public area of the Website and/or the Léo Cressant Service, you automatically grant, and you represent and warrant that you have the right to grant, to Léo Cressant, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User and Member of the Website and/or the Léo Cressant Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Website and/or the Léo Cressant Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
- Representations and Warranties. In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Website and/or the Léo Cressant Service, to authorize Léo Cressant to use the User Content in the manner contemplated by Léo Cressant and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by Léo Cressant and other Users and Members will not infringe or violate the rights of any third party or violate any applicable law or regulation.
- Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on the Website and/or the Léo Cressant Service. Léo Cressant reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and/or the Léo Cressant Service and terminating the membership or programs of such violators. It includes, but is not limited to, User Content that:
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Members; or
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Member Profile. All information you include in your member profile, including without limitation the information in your billing account, must be accurate, current and complete. If information provided to Léo Cressant, subsequently becomes inaccurate, misleading or false, you will promptly notify Léo Cressant of such change.
- Prohibited Activities. Léo Cressant reserves the right to investigate and terminate your membership and programs if you have misused the Website and/or the Léo Cressant Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website and/or the Léo Cressant Service:
- You will not use the Website or the Léo Cressant Service for any purpose that is unlawful or prohibited by this Agreement;
- You will not impersonate any person or entity;
- You will not “stalk” or otherwise harass any person;
- You will not express or imply that any statements you make are endorsed by Léo Cressant without our specific prior written consent;
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the Léo Cressant Service or its contents;
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- You will not remove any copyright, trademark or other proprietary rights notices contained on the Website and/or the Léo Cressant Service;
- You will not interfere with or disrupt the Website and/or the Léo Cressant Service or the servers or networks connected to the Website and/or the Léo Cressant Service;
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not Léo Cressant headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website and/or the Léo Cressant Service;
- You will not “frame” or “mirror” any part of the Website and/or the Léo Cressant Service or the Website and/or the Léo Cressant Service, without Léo Cressant’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Léo Cressant, the Website or the Léo Cressant Service in order to direct any person to any other website for any purpose;
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or the Léo Cressant Service or any software used on or for the Website or the Léo Cressant Service or cause others to do so.
15. Modifications to the Website and/or the Léo Cressant Service
Léo Cressant reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the Léo Cressant Service (or any part thereof) with or without notice. You agree that Léo Cressant shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the Léo Cressant Service.
16. Blocking of IP Addresses
To protect the integrity of the Website and/or the Léo Cressant Service, Léo Cressant reserves the right at any time in its sole discretion to block Users or Members from certain IP addresses from accessing the Website and/or the Léo Cressant Service.
17. COPYRIGHT POLICY
- Infringement Notice. It is Léo Cressant’s policy to respond to clear notices of alleged copyright infringement. If you are a copyright owner or an agent thereof and you believe that any content hosted on the Website and/or the Léo Cressant Service infringes your copyrights, please contact us at the address provided below.
- Repeat Infringer. Please note that Léo Cressant will promptly terminate without notice any User’s or Member’s access to the Website and the Léo Cressant Service if that User or Member is determined by Léo Cressant to be a “repeat infringer.” A “repeat infringer” is a User or Member who has been notified by Léo Cressant of infringing activity violations more than twice and/or who has had their User Content or any other User-submitted content removed from the Website and/or the Léo Cressant Service more than twice.
- Results Not Guaranteed. Léo Cressant DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE WEBSITE AND/OR THE Léo Cressant SERVICE. Léo Cressant DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE WEBSITE AND/OR THE Léo Cressant SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY FITNESS PROFESSIONALS OR OTHER USERS OF THE WEBSITE AND/OR THE Léo Cressant SERVICE ARE SOLELY ATTRIBUTABLE TO THE FITNESS PROFESSIONAL OR USER. Léo Cressant IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY FITNESS PROFESSIONALS OR OTHER USERS.
- No Warranties; “As Is,” “As Available,” and “With All Faults”.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Léo Cressant, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND/OR THE Léo Cressant SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE AND/OR THE Léo Cressant SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE WEBSITE AND/OR THE Léo Cressant SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR THE Léo Cressant SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
- Operation and Content. Léo Cressant IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE AND/OR THE Léo Cressant SERVICE, WHETHER CAUSED BY USERS, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND/OR THE Léo Cressant SERVICE. Léo Cressant ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. Léo Cressant IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE AND/OR THE Léo Cressant SERVICE.
- User and Member Conduct. Léo Cressant IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL Léo Cressant OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE AND/OR THE Léo Cressant SERVICE, ANY CONTENT POSTED ON THE WEBSITE AND/OR THE Léo Cressant SERVICE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OR MEMBERS, WHETHER ONLINE OR OFFLINE. Léo Cressant IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR MEMBER AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.
19. Links and Third-Party Léo Cressant Services
The Website and/or the Léo Cressant Service may provide, or third parties may provide, links or functionality in the Website and/or the Léo Cressant Service to other websites or third-party resources (“Third Party Léo Cressant Services”). Because Léo Cressant has no control over Third Party Léo Cressant Services, you acknowledge and agree that Léo Cressant is not responsible for the availability of the Third-Party Léo Cressant Services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Léo Cressant Services. You further acknowledge and agree that Léo Cressant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through Third Party Léo Cressant Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Website, these Terms and Conditions no longer govern. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third-Party Léo Cressant Services.
20. Release of Liability for Injury or Death
- YOUR PARTICIPATION IN ONLINE TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE AND/OR IS AT YOUR OWN RISK. Exercise programs of any kind represent an inherent danger to participants. Léo Cressant IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE WEBSITE AND/OR THE Léo Cressant SERVICE INCLUDING PARTICIPATION IN ONLINE TRAINING SESSIONS. YOU RELEASE Léo Cressant FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE WEBSITE AND/OR THE Léo Cressant SERVICE. Members should consult a physician before beginning use of the Léo Cressant Service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all Members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE Léo Cressant SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, Léo Cressant’s LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.
- Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will Léo Cressant or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if Léo Cressant has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, Léo Cressant’s liability will be limited to the extent permitted by applicable laws.
- Nutrition and Fitness Disclaimer: The nutrition advice given by Léo Cressant is based on the information you provided by completing and submitting the questionnaire. You understand it is your responsibility to provide complete and accurate information. You further understand and acknowledge Léo Cressant provides general nutrition education and coaching and is not a medically supervised program or a licensed dietetics company. You understand any menu program created for you by Léo Cressant is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercises suggestions. You understand that no service or program provided by Léo Cressant is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, disease, physical or mental. You understand that Léo Cressant is in a licenses agreement with a third-party provider of nutrition and meal planning services and all meal plans are populated by that party for Léo Cressant clients based on the data submitted by the client on this questionnaire.
- Nutrition and/or Fitness Waiver and Covenant Not to Sue: You have volunteered to participate in a nutrition suggestion program under the guidance of Léo Cressant which may include but may not be limited to nutrition planning and personalized coaching. In consideration of Léo Cressant agreement to assist me, you do here and forever release and discharge and hereby hold harmless Léo Cressant and their respective 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 your participation in any nutrition program including any injuries resulting there from. You acknowledge and agree that no warranties or representations have been made to me regarding the results you may or will achieve from this program. You understand that results are individual and may vary.
- Links and Third-Party Léo Cressant Services. The Website and/or the Léo Cressant Service may provide, or third parties may provide, links or functionality in the Website and/or the Léo Cressant Service to other websites or third-party resources (“Third Party Léo Cressant Services”). Because Léo Cressant has no control over Third Party Léo Cressant Services, you acknowledge and agree that Léo Cressant is not responsible for the availability of the Third-Party Léo Cressant Services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party Léo Cressant Services. You further acknowledge and agree that Léo Cressant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through Third Party Léo Cressant Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Website, these Terms and Conditions no longer govern. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third-Party Léo Cressant Services.
- Nutrition Assumption of Risk: You recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you are aware of. You are aware that specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all your medications with your doctor or pharmacist and do not hold Léo Cressant responsible for food and medication reactions. You also understand the food suggestion plan you receive will not take your medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new diet plan. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific nutrition program designed for your use, or may be advised to seek help from another health professional.
21. Indemnity by You
You agree to indemnify and hold Léo Cressant, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (i) your use of the Website and/or the Léo Cressant Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. Léo Cressant reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Léo Cressant and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Léo Cressant. Léo Cressant will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Notice. Léo Cressant may provide you with notices, by email or mobile app push notifications
- No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
- Jurisdiction and Choice of Law. This Website and the Léo Cressant Service are controlled and operated by us and this Agreement, this Website, the Léo Cressant Service and any use of the Website or the Léo Cressant Service shall be governed by the laws of France applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Tribunal de Commerce de Nice and irrevocably agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
- Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Léo Cressant to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
- Entire Agreement. This is the entire agreement between you and Léo Cressant relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by Léo Cressant as set forth in Section 4 above.
- Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. The Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Léo Cressant without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
- Claims. YOU AND Léo Cressant AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE Léo Cressant SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23. How to Contact Us