User Agreement

incentaHEALTH, LLC User Agreement

1

Program Overview


Welcome to the incentaHEALTH program. This program is offered to help you lose weight and keep it off. You will begin the program by performing an initial weigh in at the incentaHEALTH Automated Weigh Station or sending in a field weigh in form. Based on your health program election, you will receive regular emails covering tips and information for proper nutrition and exercise. As determined by your employer, on a periodic basis (e.g., quarterly, monthly, etc.) you will return to the incentaHEALTH Automated Weigh Station or send in your field weigh in form to weigh in. At the end of 12 months, your baseline weight will be recalculated based on your new weight.

2

Qualified Participants


The incentaHEALTH program is open to all employees; however, fitness coaching is designed for those 18 years or older.

3

Privacy


All of the personal information you provide to incenaHEALTH is securely stored in the incentaHEALTH data center.  incentaHEALTH may notify your employer of your involvement in the program, however your employer does not have access to your individual weight measurement data, only the summary level percentage of body weight you have lost.  This policy is governed by the incentaHEALTH Privacy Policy.

4

Modification by Your Employer


Your Employer may modify the terms of this Agreement and the predetermined weight loss program at any time by providing you with an updated version. Your continued usage of the program will mean you accept those changes.

5

Improper Manipulation of Weight Readings


You are not allowed to artificially influence your weight to create an inaccurate weight reading. This includes, but is not limited to, making your weight higher or lower than your actual weight or having others weigh in for you. If it is determined that you are attempting to manipulate the system in any manner you shall be immediately terminated from the program and your employer will be notified.

6

Cancellation


You or your employer may cancel your participation in the program at any time for any reason. Please contact personal.trainer@incentahealth.com to cancel, or call us at 303.694.8007.

7

No Guaranty of Weight Loss


incentaHEALTH does not guaranty any weight loss by participating in the program.

8

Consultation With Physician


incentaHEALTH recommends that you consult with your physician prior to beginning the program in order to determine the suitability of the program to your own needs.

9

Waiver, Release and Limitation of Liability


In consideration of your participation in the incentaHEALTH program, you hereby accept all risk to your health and any injury or death that may result from such participation and you hereby release your employer and incentaHEALTH, and their respective officers, directors, employees, agents, successors and assigns from any and all liability to you, your personal representatives, estate, heirs, next of kin and assigns, from any and all claims and causes of actions for all illness or injury to your person resulting from your participation in the incentaHEALTH program, including, without limitation, your death, any medical problems or any health issues, whether caused by the negligence of your employer or incentaHEALTH, or any of their respective officers, directors, employees, agents, successors and assigns. In no event shall your employer or incentaHEALTH be responsible for any damages (including, without limitation, incidental and consequential damages) resulting from your participation in the incentaHEALTH program, whether based on warranty, contract, tort, or any other legal theory, and whether or not your employer or incentaHEALTH are advised of the possibility of such damages. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.

10

Indemnification


You agree to defend, indemnify and hold your employer and incentaHEALTH, and their respective officers, directors, employees, agents, successors and assigns harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorneys fees, resulting from your violation of this Agreement.

11

Partcipant Nondiscrimination


This program prohibits discrimination in eligibility and benefits based on certain health factors such as: health status, medical condition, claims filing, medical history, genetic information, evidence of insurability and disability. Program benefits are available to all "similarly situated" individuals. Any individual whose medical condition makes it unreasonable difficult or inadvisable to meet program's standards, then we will offer a "reasonable alternative". With medical documentation of condition, please contact personal.trainer@incentaHEALTH.com for more information.

12

Term of Agreement


Unless sooner terminated by you or your participation is terminated by your employer, this Agreement remains in effect for as long as your employer elects to participate in the incentaHEALTH program.

13

General


This Agreement shall be governed by and construed according to the laws of the State of Colorado, without giving effect to conflict of laws principles which might otherwise require the application of the laws of another jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION AGAINST MY EMPLOYER AND INCENTAHEALTH FOR MY INJURY OR DEATH THAT OCCURS WHILE PARTICIPATING IN THE INCENTAHEALTH PROGRAM.