1. Parties
The Eat Like Ruby Fat Loss Phase (https://eat-like-ruby.mykajabi.com/the-fat-loss-phase) is owned and operated by Eat Like Ruby Pty Ltd ACN 662 643 745 trading as Eat Like Ruby, herein referred to as ‘Eat Like Ruby’, ‘we’, ‘our’, or ‘us’.

2. Important Information
I acknowledge that my participation in or access to Eat Like Ruby's programs, including exercise routines, example meal plans or nutritional guidance ('Programs'), as well as the use of any exercise equipment ('Equipment'), is subject to this Health & Fitness Waiver (“Waiver”), in conjunction with Eat Like Ruby’s Terms of Sale (available here) and Privacy Policy (available here).

3. Capacity to Contract
I warrant and agree that I:

a) am 18 years of age, or the appropriate age of majority in my jurisdiction;
b) am not a resident of the United States or Canada;
c) have read and understood the terms of this Waiver and have sought professional and/or legal advice should I require clarification on any aspect of the Waiver;
d) have the capacity to agree to the terms of this Waiver; and
e) agree to be legally bound by them.

4. Medical Consultation
I understand the importance of consulting a medical professional to assess any pre-existing medical conditions or injuries before participating in the Programs or using the Equipment. I have consulted a medical professional and have been cleared to participate in the Programs and use the Equipment accordingly.
If any medical conditions or injuries arise during my participation, I agree to seek further medical advice and follow their instructions accordingly.

I warrant that I am medically fit to participate in the activities that form part of the Programs. I accept full responsibility for my own physical and mental health and the ways in which they may be impacted by the Programs.

I will consult a medical professional if I become aware of any medical conditions or sustain any injury and abide by their instructions as to my capacity to participate in the Program or use the Equipment.  

5. Pre-existing Medical Information
I confirm specifically that I have not historically or currently been diagnosed or present with any of the following:

- Eating disorders
- Emotional eating
- Kidney disease or reduced renal function
- Hypertension or high cholesterol
- PCOS or Endometriosis
- Type 1, 2 or pre diabetes
- Stress fractures, lower peak bone mass, osteoporosis or osteopenia
- Anaemia, or low iron, b12 or folate
- Heart disease, myocardial infarction (heart attack), atrial fibrillation, bypass graft, or valve replacement
- Had gastrointestinal surgeries in the last 12 months
- Had an asthma attack that required medical attention any time during the last 12 months
- Am not currently diagnosed with and/or receiving treatment for cancer
- Am not currently pregnant (and have not been in the last 6 months)
- Am not currently Breastfeeding

6. Personal Physical Limits
I take full responsibility for selecting Programs and using Equipment that align with my abilities and skill level. I agree not to exceed my personal physical limits during participation and to use the Equipment in a manner consistent with its intended design and purpose.

I agree to conduct myself in a reasonable manner at all times, and to refrain from using any Equipment in a manner inconsistent with its intended design and purpose.

7. Dietary Restrictions or preferences
I acknowledge that example meal plans provided may not take into account my personal allergies, dietary restrictions or personal preferences and at this time, are not suitable for vegans.

8. Access to Gyms and Safety
I acknowledge that the program requires commercial gym equipment and I will be personally responsible for (including any associated costs) with accessing recommended equipment.

I am responsible for ensuring the safety of any environment where I choose to participate in the Programs including (but not limited to) removal of potential hazards and securing my personal valuables.

9. Assumption of Inherent Risks
I understand that Eat Like Ruby is not responsible for any inherent risks that may arise out of the using of any Equipment, including (but not limited to) injuries that occur as a direct or indirect result of negligence, misuse, setup, or Equipment failure.

These inherent risks may include, but are not limited to:

Equipment Failure: I understand that equipment failure can occur due to various factors, including manufacturing defects, normal wear and tear, or improper use. I acknowledge that Eat Like Ruby is not the manufacturer of the Equipment, and any equipment failure resulting from manufacturing defects is subject to the terms of the manufacturer's warranty.

Personal Physical Limits: I acknowledge that I have the responsibility to select Programs and use Equipment that align with my abilities and skill level. I understand that exceeding my personal physical limits or using the Equipment inappropriately may lead to injuries or accidents.

Health Conditions: I recognise the importance of consulting a medical professional to assess any pre-existing medical conditions or injuries before participating in the Programs or using the Equipment. I acknowledge that Eat Like Ruby is not responsible for any health complications that may arise during my participation in the Programs or use of the Equipment.

I acknowledge that it is my responsibility to use the Equipment correctly and safely. I agree to follow all provided instructions and guidelines and to seek clarification via the contact methods & instructions provided in the client portal if I am unsure of any instructions prior to participating in the exercise.

10. Medical Attention
If I require medical attention at any time during a Program, I acknowledge and confirm that I am solely responsible for seeking that medical attention and I will be solely responsible for any costs associated with said treatment.

11. General information
I acknowledge and understand that any content or information provided in the Program is of a general nature only and does not constitute professional advice.

Eat Like Ruby cannot be held liable for any reliance on the information we provide through the Program. No part of the Program is a substitute for obtaining advice that is specific to my individual circumstances from a qualified professional.

I am responsible for determining whether the Program is right for me.
We reserve the right to terminate or suspend your access to the Program at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.

Any reference to other products or services, programs, courses, processes or other information appearing within the Program does not constitute or imply our endorsement, sponsorship or recommendation in any way.

12. No guarantees
I acknowledge and agree that Eat Like Ruby provides the program and its content on an ‘as is’ basis, and do not guarantee any specific results from my participation. My experience will depend on my own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.

13. Indemnification and Release
I acknowledge that I voluntarily participate in the Programs and use any associated Equipment at my own risk, and indemnify and release Eat Like Ruby and its owners, shareholders, officers, employees, contractors, agents, successors and assigns, except as expressly permitted by law from any and all liabilities, claims, demands, expenses and losses that may arise as a result of or in connection with my participation in the Programs or use of the Equipment, including (but not limited to) damage to property,  personal injury (whether minor or serious), health complications or the aggravation of an existing condition, diseases and/or death.  

I acknowledge and agree that that Eat like Ruby cannot guarantee my safety or eliminate all risks associated with the Programs and Equipment and agree to indemnify them for

a) any loss or damage that I may suffer as a result of my participation (including where I disclose confidential information);
b) my inability to participate in the Program for any reason;
c) my failure to maintain the security of my login details that enable you to access the Program;
d) the statements or conduct of any third party; or
e) my reliance on the suggestions or recommendations of any third party or other program participant.

I agree to take full responsibility for my actions during the Programs and use of the Equipment, and I will exercise reasonable care to prevent injury to myself and others.

14. Severability
If any provision of this waiver and release is found to be unenforceable or invalid, the remaining provisions shall continue to be binding and enforceable to the fullest extent permitted by law. I attest that all the information I have supplied within this Waiver is true and complete.

15. Insurance
Both parties will ensure that they hold appropriate insurance where applicable.

16. Governing Law and Jurisdiction
This Waiver shall be governed by and construed in accordance with the laws of the State or territory where the program is hosted. Any dispute arising out of or in connection with this Waiver, including any question regarding its existence validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Queensland.

17. Electronic communications and electronic signatures
I further acknowledge and agree that when I click on or tick “I have read and agree to the terms and conditions of this page as follows:”, "I agree" “I consent”, or other similarly worded click or tick options by electronic means, my agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written my signature by hand.