This Client Agreement, Terms of Use, Waiver & Release of Liability (“Agreement”) governs your use of the websites, platforms, applications, products, programs, services, memberships, content, communications, consultations, coaching, rehabilitation services, fitness services, wellness services, educational materials, digital products, and related offerings provided by Pro-Fit Enterprises Inc., operating as Zullo Health & Fitness, ZH, Zullo Bespoke, Zullo Rx, Elevate, Fit Mrkt, and any affiliated brands, divisions, contractors, licensors, partners, practitioners, consultants, or representatives (collectively referred to herein as “ZH,” “Company,” “we,” “us,” or “our”).
By accessing, purchasing, registering for, participating in, scheduling, or using any service, program, website, platform, or product offered by ZH, you acknowledge that you have read, understood, and agreed to be legally bound by this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE ANY ZH SERVICES.
1. Acknowledgement of Risk
You understand and acknowledge that participation in fitness training, rehabilitation programs, wellness services, nutritional guidance, breathwork, stretching, mobility work, recovery services, virtual coaching, telehealth-related services, exercise programming, manual therapy, wellness consultations, educational content, supplementation guidance, lifestyle recommendations, and all related activities carries inherent risks.
These risks may include, without limitation:
- Muscle strains
- Sprains
- Falls
- Cardiovascular complications
- Dizziness
- Fainting
- Illness
- Aggravation of pre-existing conditions
- Emotional distress
- Injury
- Disability
- Death
You voluntarily assume all risks, known or unknown, foreseeable or unforeseeable, associated with participation in any ZH service or use of any ZH product or recommendation.
You acknowledge that you are solely responsible for consulting with your physician or qualified healthcare provider before beginning any fitness, wellness, rehabilitation, nutritional, or health-related program.
2. No Medical Advice
ZH does not provide emergency medical care.
Unless explicitly stated otherwise in writing, ZH is not a medical clinic, hospital, physician practice, or emergency healthcare provider.
Any educational content, coaching, recommendations, wellness guidance, exercise instruction, nutritional suggestions, digital content, app content, messaging, blog posts, videos, downloadable materials, social media content, or communications provided by ZH are for informational and educational purposes only and are not intended to diagnose, treat, cure, or prevent any disease.
Nothing provided by ZH shall replace the advice of your physician or licensed healthcare provider.
If you believe you are experiencing a medical emergency, call 911 or seek emergency medical care immediately.
3. Independent Contractor Disclosure
You expressly acknowledge and agree that many practitioners, providers, trainers, therapists, consultants, nutrition professionals, coaches, rehabilitation specialists, medical providers, and wellness practitioners available through or associated with ZH may be independent third-party contractors and not employees, agents, partners, joint venturers, or representatives of Pro-Fit Enterprises Inc. or ZH.
ZH may facilitate introductions, scheduling, communications, educational coordination, wellness programming, or access to independent providers; however, ZH does not control or supervise the independent clinical judgment, treatment decisions, conduct, advice, services, omissions, scheduling, professional standards, or actions of independent contractors.
You further acknowledge and agree that:
- Any relationship between you and an independent contractor is solely between you and that provider.
- ZH does not guarantee the outcome, effectiveness, quality, or suitability of any independent provider’s services.
- ZH shall not be liable for any acts, omissions, negligence, malpractice, misconduct, errors, disputes, injuries, damages, dissatisfaction, treatment outcomes, delays, or communications arising from services rendered by independent contractors or third-party providers.
- To the fullest extent permitted by law, you waive any claim against ZH relating to services performed by independent contractors or third-party providers.
4. Virtual Services & Technology Disclaimer
You understand that virtual services, online coaching, telehealth-style consultations, app-based services, messaging systems, video calls, digital platforms, AI-assisted tools, wearable integrations, nutrition tracking, uploaded images, exercise tracking systems, and electronic communications involve limitations and risks.
These risks may include:
- Technology failures
- Connectivity interruptions
- Delayed communications
- Security vulnerabilities
- Data transmission issues
- Inaccurate or incomplete information
- Misunderstanding of instructions
- Inability to adequately assess physical condition virtually
You acknowledge that virtual interactions may not be equivalent to in-person assessments and may not be appropriate for all individuals or conditions.
5. Results Disclaimer
ZH makes no guarantees, warranties, or representations regarding:
- Weight loss
- Fitness outcomes
- Rehabilitation outcomes
- Pain reduction
- Recovery timelines
- Medical improvements
- Psychological improvements
- Nutritional outcomes
- Longevity
- Performance enhancement
- Appearance changes
- Health markers
- Business outcomes
- Lifestyle outcomes
Individual results vary significantly.
Testimonials and examples are illustrative only and are not guarantees of future results.
6. Release of Liability
To the fullest extent permitted by applicable law, you hereby release, waive, discharge, and forever hold harmless:
- Pro-Fit Enterprises Inc.
- Zullo Health & Fitness
- ZH
- Zullo Bespoke
- Zullo Rx
- Elevate
- Fit Mrkt
- Their owners, officers, directors, shareholders, affiliates, employees, contractors, licensors, consultants, volunteers, agents, representatives, successors, assigns, and independent practitioners
from any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, expenses, legal fees, injuries, illnesses, death, emotional distress, economic losses, or other damages arising out of or relating to:
- Participation in services
- Use of products
- Use of digital platforms
- Virtual or in-person sessions
- Rehabilitation services
- Fitness training
- Wellness services
- Nutritional guidance
- Educational materials
- Communications
- Recommendations
- Third-party services
- Independent contractor services
- Technology failures
- Telehealth-related interactions
- User-generated content
- Reliance on information provided by ZH
INCLUDING CLAIMS ARISING FROM ALLEGED NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY LAW.
7. User Responsibilities
You agree that you are solely responsible for:
- Accurately disclosing your health history
- Following medical advice from your physician
- Stopping activity if symptoms occur
- Maintaining safe exercise conditions
- Using proper equipment
- Seeking emergency care when appropriate
- Using your own judgment regarding participation
You agree not to participate in any activity beyond your physical abilities.
8. No Guarantee of Availability
ZH reserves the right to:
- Modify services
- Cancel services
- Refuse service
- Remove users
- Change pricing
- Suspend accounts
- Modify platforms
- Replace contractors or providers
- Discontinue offerings
at any time without notice or liability.
9. Products & Supplements Disclaimer
Any supplements, wellness products, equipment, resistance bands, Fit Kits, recovery tools, educational materials, or retail items sold through Fit Mrkt or affiliated brands are provided “AS IS” without guarantees or warranties except as required by law.
You acknowledge that:
- You use products at your own risk.
- You are responsible for reading all labels and instructions.
- You should consult your physician before using supplements or exercise products.
10. Intellectual Property
All ZH content, branding, logos, videos, graphics, programs, systems, downloads, documents, workouts, protocols, written materials, educational content, and digital assets remain the exclusive property of Pro-Fit Enterprises Inc. and/or its licensors.
You may not reproduce, distribute, copy, modify, sell, share, republish, or commercially exploit any content without written consent.
11. Payment, Refunds & Memberships
All payments are final unless otherwise stated in writing.
Memberships, subscriptions, programs, and digital products may automatically renew unless cancelled according to the applicable cancellation policy.
Missed sessions may be forfeited unless otherwise stated.
ZH reserves the right to modify pricing and membership structures at any time.
12. Indemnification
You agree to indemnify, defend, and hold harmless Pro-Fit Enterprises Inc., ZH, its affiliated brands, contractors, officers, employees, and representatives from and against any claims, liabilities, damages, costs, or expenses arising from:
- Your use of services
- Your violation of this Agreement
- Your misuse of products or programs
- Your negligence
- Your conduct
- Your reliance on recommendations
- Your interactions with contractors or other users
13. Privacy & Electronic Communications
By using ZH services, you consent to electronic communications including email, SMS, app notifications, phone calls, and digital messaging.
You acknowledge that electronic systems, while commercially reasonable safeguards may be used, cannot be guaranteed to be fully secure.
14. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
Any dispute arising from this Agreement shall be resolved exclusively in Ontario, Canada.
15. Severability
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
16. Acknowledgement
BY ACCESSING, REGISTERING FOR, PURCHASING, BOOKING, OR USING ANY ZH SERVICE, YOU ACKNOWLEDGE THAT:
- YOU HAVE READ THIS AGREEMENT;
- YOU UNDERSTAND IT;
- YOU UNDERSTAND THAT YOU ARE WAIVING CERTAIN LEGAL RIGHTS;
- YOU VOLUNTARILY AGREE TO BE BOUND BY IT.