Purpose: This section is a liability waiver, where you acknowledge and accept certain risks inherent to the weight loss program and agree not to hold the service providers legally responsible for outcomes that are not due to their negligence. Please read it carefully.
By enrolling in and using the PFC weight loss program, I agree to the following waiver and release of liability:
1. Assumption of Risk: I understand participation in a weight loss program involving medication, dietary changes, and exercise carries some risks. These may include, but are not limited to, potential side effects from the medication, injuries from physical exercise, or adverse reactions from dietary changes. I freely assume all such risks that are foreseeable and inherent in the program. I confirm that I have been informed about the common and serious risks (medical and otherwise) and that I assume responsibility for any outcomes that may result from my participation, to the extent those outcomes are not caused by negligence of the provider.
2. Waiver of Claims: To the fullest extent permitted by law, I hereby waive any and all claims and demands that I, or my heirs, legal representatives, or assigns, may have against PFC Club India Pvt. Ltd., its directors, officers, employees, affiliated doctors, coaches, agents, or partners (including Shree Jalaram Pharma and its staff) for any injury, loss, damage, or liability that I may sustain arising from or in connection with my participation in the program or use of the website or services. This waiver includes, but is not limited to: claims for personal injury or illness (including death), claims relating to property damage, or any other harm or loss I might sustain, whether arising from the ordinary negligence of the released parties or otherwise.
3. Released Parties: The entities and persons being released ("Released Parties") include: PFC Club India Pvt. Ltd. and its owners, management and employees; all physicians, nurses, dietitians, coaches, and staff involved in delivering the service; Shree Jalaram Pharma and its owner/employees fulfilling prescriptions; and any affiliates or contractors assisting in the program. I agree that these parties shall not be held liable for any claims or expenses arising out of my use of the service, except in cases of gross negligence or willful misconduct.
4. No Release for Gross Negligence or Violation of Law: I understand that this liability waiver does not release any party from liability for their own gross negligence, willful harm, or any breach of law that cannot legally be waived. This means if the providers act with extreme carelessness or intent to cause harm, or violate a consumer protection law in a way that causes me harm, I retain the right to seek remedies for that. This waiver is intended to cover risks that I knowingly take and ordinary issues that can arise despite proper care.
5. Indemnification: In addition to waiving my own claims, I agree that if any third party (for example, a family member or insurance company) makes a claim against the Released Parties on my behalf for something I waived, or if my actions in the program (e.g., misuse of medication or providing false information) cause a claim or liability to the providers, I will indemnify and hold harmless the Released Parties from such claims, including legal fees. This means I will defend them against such claims and pay any judgment or settlement that arises from my own wrongful actions or from claims I waived.
6. Acknowledgment: I acknowledge that I have carefully read this Liability Waiver and fully understand its contents. I understand that by agreeing to it, I am giving up important legal rights, including the right to sue for certain harms. I do so voluntarily and without any coercion. I also confirm that I either have consulted with my own legal advisor about this waiver or have chosen not to, and I understand the implications of this agreement.
By clicking "I Agree" or checking the box for the Liability Waiver, I indicate that I understand and agree to the terms above. This waiver and release shall be binding on me and my family/heirs/assigns.