CONTRACT 6007 One Page Service Agreement CLOSEDAgreement No. 6007
Services Agreement
CONTRACTOR: BODY SPEC
DATE: 01-06-2021
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El
Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or
88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability policies will be endorsed to name the City, Its officials, and employees as "additional
insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such Insurance must be on an "occurrence," not a "claims
made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Please find additional Terms and Conditions on the reverse side of this Services Agreement, This is not a purchase order or an
authorization to begin work.
® Cornorehensiv nerat Liabil'i , including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence.
® Auto Liability, including owned, non -owned and hired vehicles with at least:
® $1,000,000 per occurrence.
❑ $1,QP,000 - 300,000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company,
gj Workers' CoLngInsation Insurance, as required by State Statutes, (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
waived® Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (at no cost to the City).
❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Community, Economic and Development Services
Department if appropriate. Call the Building Manager @ (310) 524-2345 if you have questions.
❑ C92M of valid picture J.D. (Drivers license etc.)
PLEASE NOTE; ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGEWPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
Subrnitted by r�rtn tat a1i blanket;
Company Name: BodySpec
By (Print name & title)' Erin Gerbrecht, Director of Sales
Company Street Address:
5847 Uplander Way
Vendors Authorized Signature required'
J
City, State, Zip:
Cuvler city, CA 90230
Date signed:
� 1a/21
Phone:
512.633-9877
FAX_
Vendors Email address:
erin@bodyspec.com
Mail original agreement and insurance to: City of El Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245.3813
Originator/Department Contact: wsal "neL.RD Date initiated: 01.06 2021 _
Department Head Approval: ` 1 1 0 2-1 Date Appvved
Finance Approval: Date approved::2�
cc: Business License; City Clerk; Punch ng Agent; Requaeting Dept name - Etta
One Page Service Agreement for BODY SPEC 1-6-2021 _doc
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Ake RQIED TO FORM:
CITY AT
ATTEST*
City of El Segundo
Agreement No. 6007
1,G�ENERALLY. The materials, supplies, or services (collectively,
'Purchase") covered bythis services agreement and purchase order
("order") must be furnished by 6e||mr subject to all the mmo and
conditions contained in this order which Sel|or, in accepting this order,
agrees tobebound byand comply with inall particulars. No other terms
orconditions are binding upon the parties unless subsequently agreed to
in writing. Written acceptance nrshipment ofall nrany portion u[the
Purchase noveedhythis order constitutes unqualified acceptance ofall
terms and conditions |nthis order. The terms ofany proposal referred to
iothis order are included and made opart uf the order only to the extent
it specified the Purchase ordered, the price, and the delivery, and then
only to the extent that such terms are consistent with the terms and
conditions of this order.
2]NDPECTION. The Purchase fum|ohedmustbowood|yanspedhndin
this ooer, free from all defects in Seller's pedbnnanne, deoign,
workmanship, and mateha|a, and, except as nthamWna pmv|ded, is
subject to inspection and test by City otall times and places. If, before
final acceptance, any any Purchase iofound mbeincomplete, ornot oo
specified, City may reject it. require Seller tocorrect |iwithout charge, o'
require delivery ofsuch Purchase atareduction inprice that ioequitable
under No circumstances. |[ seller is unable or refuses to correct such
items within atime deemed reasonable byCity. City may terminate the
order inwhole orinpart. Seller bears all risks astorejected Purchases
and, inaddition toany costs for which Seller may become liable toCity
under other provisions of this order, must reimburse City for all
transportation costs, other related costs incurred, orpayments to Seller
� in accordance with the terms of this order for unaccepted Purchases.
| Notwithstanding City'p acceptance of any Purchase, Seller is liable for
�latent defects. fraud, ursuch gross mistakes asconstitute fraud.
3.CHANGES.City may make changes within the general scope of this
order indrawings and specifications for specially manufactured supplies,
p|acenfde||vary.mythndo[uh|pman\nrpackingofLheo/de/bygiving
notice toSeller and subsequently confirming such changes inwriting. |f
such changes affect the 000zofnrthe time required for performance nf
this ordec an equitable adjustment inthe price ordelivery orboth must
be made. Nnchange bySeller isallowed without City`awritten approval.
Any claim bySeller for anadjustment under this section must hemade
inwriting within thirty (3O)days from the date ofreceipt bySeller of
notification of such change unless City nmkmo this condition in writing.
Nothing inthis ooct�onexcuses Seller from proceeding with performance
of the order oochanged.
4. TERMINATION. City may terminate this order at any time, either
verbally or in wrNng, with or without cause. Should termination nccur.
City will pay Seller awfull performance until such termination the unit nr
pm mla order price for the performed and accepted portion of the
Purchase. City may provide written notice of termination for Gd|e/s
default |[ Seller refuses o/fails tocomply with this order. |fSeller does
not cure such failure within oreasonable time period, orfails toperform
the Purchase within the time specified (or allowed bye*ansion).Seller
will beliable (nCity for any excess costs incurred hyQty�
5J|ME EXTENSION, City may extend the time for completion if, in
City'usole determination, Seller was delayed because ofcauses beyond
Seller's control and without 8aUa/s fault o/ negligence. In the event
delay was oeumad by City, Seller's sole remedy /slimited to recovering
money actually and necessarily expended by Seller because of the
delay; there ionoright torecover anticipated profit.
6.REMED|E0CUMULATIVE. City'orights and remedies under this order
are not exclusive and are inaddition toany rights and remedies provided
by law.
7JRlE, Title to materials and supplies purchased under this order
pass directly from Seller mCity upon City'owritten acceptance following
�
anactual bmpmc6o and C]j'mupp*4o 0 tomiaea,- |
One Page Service Agreement for BODY SPEC 1-6-2o 1doc
&PAYMBNT. City will pay Seller akm receiving acceptable invoices for
materials and supplies delivered and accepted mservices rendered and
accepted. City will not pay cartage. uhipping, packaging or boxing
expenses unless specified inthis order. Drafts will not hehonored.
9.|N0EMN|F/CAT|ON. Seller agrees to indemnify and hold City
harmless from and against any claim, action, damages, costs (including,
without limitation, oMomnyofeeo).injuries, orliability, arising out ofthe
Purchase nrthe order, or'their performance. Should City honamed in
any suit, nrshould any claim bebrought against itbysuit nrotherwise,
whether the same begroundless ornot, arising out of the Purchase or
order, ortheir performance, Seller will defend City (at City'orequest and
with Counsel satisfactory toCity) and indemnify City for any judgment
rendered against Korany sums paid out insettlement o/otherwise. For
purposes of this section "City" includes Chy'n officers, elected nfficia|o,
and employees. It is expressly uodamkmd and agreed that the
foregoing provisions will survive termination of this order. The
| requirements as to the types and limits of insurance coverage to be
maintained by 8oUer, and any approval of such insurance by City` are
not intended toand will not inany manner limit mqualify the liabilities
| and ob||Aahnnu otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the
most favorable commercial werran||ss the Seller gives toany customer
for the same nrsubstantially similar supplies or services, or such other
more favorable wsmoniieeooiospecified inthis order. Warranties will
be effective notwithstanding any inspection or acceptance of [he
Purchase byCity.
11.AG8|8NMENT, City may assign 'this order. Except as to any
payment due under this order, Seller may not assign ursubcontract the
order without Cdy'swritten approval. Should City give consent, it will not
relieve Seller from any ob|igahonnunder this order and any transferee or
subcontractor will hoconsidered Seller's agent.
12.11WSURAWCE. Seller must provide the insurance indicated on the
face sheet of this Services Agreement.
13YERN|TS. Seller must procure all necessary permits and licenses,
and abide byall federal, state, and local laws. lo/performing this order.
14.|NQEPENDENTCONTRACTOR. City and Seller agree that Seller
will act as an independent contractor and will have nunim| of all work
and the manner inwhich iai1performed. Seller will befree mcontract
for similar service N be performed for other employers while under
contract with City. Seller isnot anagent oremployee o[City and |nnot
ondUmd to pahiripa(o in any pension p|on, inou,ance, bonus or similar
benefits City provides for its employees, Any provision inthis order that
may appear togive City the right todirect Seller usto the details of doing
the work or to exercise o measure nfcontrol over the work means that
Seller will follow the direction of the City aotoend results of the work
only.
15.WANBR. Qty's review or acceptance of, or payment for, work
product prepared by Seller under this order will not be construed to
operate asawaiver ofany rights City may have under this Agreement ur
ofany cause ofaction arising from Seller's performance. Awaiver by
City ofany breach ofany term, mvenant, or condition contained in this
order will not hedeemed mbeawaiver o/any subsequent breach ofthe
same o,any other term, covenant, orcondition contained |nthis order,
whether of the same ordifferent character.
10.UgTERPRET&TION.This Agreement was drafted in, and will be
construed inaccordance with the laws of the State ofCalifornia, and
exclusive venue for any action involving this agreement will UeinLos
Angeles County.
17.PRE0uK1WG WAGES |frequired byapplicable state law including,
without limitation Labor Code g§1720(onamended hyAB975(2OOi)). |
11771 1774.1775,and 1778.CONTRACTOR must pay, its workers |
Agreement No. 6007
prevailing wage. It is CONTRACTOR'S responsibility to interpret arid
implement any prevailing wage requirements and CONTRACTOR
agrees to pay any penalty or civil darnage resulting from a violation of
the prevailing wage laws. In accordance with I door Code § 17712,
copies of the prevailing rate of per them wages are available upon
request from CITY's Engineering Division or the websitp for State of
California Prevailing wage determination at
bt,,o:,I/ww,oa.rJr.,^8.00v/DLSRIPV�$D. A copy of the prevailing rate of per
them wages must be posted at the job site.
18. CONSIDERATION. As consideration, CFFY agrees to pay
CONTRACTOR for CONTRACTOR's services not to exceed a total of $
10,000 (Ten Thousand Dollars) per fiscal year for the work. CITY will pay
for work as specified in the attached Exhibit "A," which is incorporated by
reference.
SERVICES TO INCLUDE:
Exhibit "A" = Quote and Scope of Services
Exhibit "B" = Body Spec Dexa Scan Description
Exhibit `C"= Body Spec Terms of Service
Exhibit "D"= Body Spec COVID-1 9 Safety Procedures
Exhibit 'E`:::: Body Spec Informed Consent (par[ of intake form)
The term of this agreement will be January 6, 2021 to June 31, 2021
One Page Service Agreement for BODY SPEC 1-6-2021 roc
1/6/21
Agreement No. 6007
Body Spec
5847 Uplander Way
Culver City, CA 90230
(310) 601-8184
Bill To:
El Segundo Police Department
Attn: Julissa Solano
348 Main Street
El Segundo, CA 90245
(310) 524-2278
Exhibit A
DATE January 12, 2021
Quotation # 001
Prepared by: Michael Long
A BodySpec DEXA scan is a powerful tool that helps you get healthier. Our comprehensive whole -body
health snapshot provides a unique, fascinating, and unprecedented glimpse at what's going on under
r c4in n=VA crrnn talrnc nnnrnYimatPltj 10 minutes to comolete.
Description
DEXA scan for approximately 44 PD members ; • $40
AMOUNT
$ 1,760.00
Follow up DEXA scan for approximately, 44 PD members „ $50
$ 2,200.00
*Number of PD members may change
TOTAL
$ 3,960.00
If you have any questions concerning this quotation, Contact Michael Long, (254) 931-5321,
michael I(d_)bodyspec.com.
THANK YOU FOR YOUR BUSINESS!
Agreement No. 6007
Dexa Scan Description from BodySpec Website
What Are DEXA Scans?
Why get a scan?
Better health is about being free to do what matters to you. Whether your goal is to finish your
first IOK run, dance at your daughter's wedding, spend more time outside, or just live with more
energy and less stress, better health is for everyone - and that includes you.
A BodySpec DEXA scan is a powerful tool that helps you get healthier. Our comprehensive
whole -body health snapshot provides a unique, fascinating, and unprecedented glimpse at what's
going on under your skin.
By empowering you to understand your body in a completely new way, our scans motivate you
to be more committed, guide you in the right direction, and make you more successful on your
health journey - wherever it leads.
What will I learn?
A BodySpec DEXA scan doesn't measure effort, or time, or dollars spent. It measures your body
- and your body has a lot to say.
• A detailed full body composition snapshot and analysis helps you understand where
you're starting from
• By measuring how your body changes in response to your routines, you'll identify what
works for you
• You'll be able to focus on prevention today rather than treatment tomorrow with a clear
profile of your risks for long-term preventable disease
• Get guidance from health experts on the right path forward. Our wellness consultant team
supports you after each scan, so that you're not left alone to figure it all out yourself
Scanning is easy
The entire process is simple, fast, and easy.
• Sign up for an appointment online, and complete a brief intake survey.
o We have trucks and storefronts in multiple locations, so look for whatever's most
convenient to you.
0 If we don't currently visit your community, let us know so we can come out!
Agreement No. 6007
Show up for your appointment on time, wearing comfortable clothes with minimal metal.
Workout clothes work great.
Lie down and relax on our scanner for about 10 minutes. You'll receive your results
immediately.
Schedule a phone consultation with one of our health and fitness experts to review your
scan results, and get clear guidance and tips based on your goals.
The Big Fat E.xi1gjinient - We compare DEXA body fat percentage results to other methods of
body fat testing.
con,il.mring L3oav r.at r eti ' i
' es, ' t " Mods - Learn about all the different ways to test your body fat, as
well as pros and cons of each.
Radiation and DEXA - Learn more about radiation, and how our DEXA stacks up against
airplanes, buildings, food, and other everyday radiation sources.
I-lydration aiid DEXA - Wondering, how hydration affects your DEXA scans? We scanned, drank
a gallon of water, and scanned again.
Agreement No. 6007
Terms of Service from BodySpec Website
Terms ®f Service
These terms of service were last revised on December 11. 2020.
1. Definitions
• "BodySpec" means Absolute Health & Performance, Inc. dba BodySpec, whose principal place of
business is at 5847 Uplander Way, Culver City, CA 90230.
• "R&D" means research and development activities performed by BodySpec on user data. These activities
may include, among other things, improving our Services and/or offering new products or services to
you: performing quality control activities: conducting data analysis that may lead to and/or include
commercialization with a third party.
• "Service" or "Services" means BodySpec's services and website (including but not limited to text,
graphics, images, and other material and information) as accessed from time to time by the user,
regardless if the user is in connection with an account or not.
• "Personal Information" is information that can be used to identify you, either alone or in combination
with other information. BodySpec collects and stores the following types of Personal Information:
o "Registration Information" is the information you provide about yourself when registering for
and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment
information).
o "Health Information" is information regarding your body composition, RMR, or other metrics
collected through your DXA scan, other assessment tests, or other services performed with
BodySpec.
o "Self -Reported Information" is all information about yourself, including your disease conditions,
other health -related information, ethnicity, fanuly history, and other information that you enter
into surveys, forms, or features while signed in to your BodySpec account or while using
BodySpec's Services in general.
o "User Content" is all information, data, text. software, music, audio, photographs, graphics,
video, messages, or other materials - other than Health Information and Self -Reported
Information -generated by users of BodySpec and transmitted, whether publicly or privately, to
or through BodySpec.
o "Web Behavior hlformation" is information on how you use the BodySpec website (e.g. browser
type, domains. page views) collected through log files. cookies, and web beacon technology.
• "Aggregated Health Information" is Health and Self -Reported Information that has been stripped of
Registration Information and combined with data from a number of other users sufficient to minimize the
possibility of exposing individual -level information while still providing scientific evidence.
2. Acceptance of Terms
Your use of BodySpec's Services (excluding any services provided by BodySpec under a separate agreement)
is subject to the terms of the legal agreement between you and BodySpec set forth in these Terms of Service
("TOS"). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a)
undergoing a BodySpec DXA scan or other service, b) creating and using a free BodySpec account without
Agreement No. 6007
undergoing a BodySpec DXA scan or other service. In order to use the Services, you must first agree to the
TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to
accept or agree to the TOS, where this option is made available to you by BodySpec for any Service-, or by (2)
actually using the Services. In this case, you acknowledge and agree that BodySpec will treat your use of the
Services as acceptance of the TOS from that point onwards. In addition, when using particular BodySpec
Services, you shall be subject to any guidelines or rules applicable to such set vices that may be posted from
time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. BodySpec also
may offer other services frorn time to tirne that are governed by different terms of service.
a. You may not use the Services and may not accept the TOS if (1) You are not of legal age to form a binding
contract with BodySpec, or (2) you are a person barred from receiving the Services under the laws of the
jurisdiction in which you are resident or from which you use the Services.
b. In addition to the conditions above, if you contribute or otherwise provide your own Health Information,
you must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whore
you have legal authority to agree.
c. If your use of the Services includes creating a BodySpec account, without participating in a BodySpec DXA
scan or other service, or otherwise providing Health Information, you must be thirteen (13) years of age or
older to use the Services and accept the TOS.
4. Description of the Services
The Services include access to the BodySpec public website and personal health assessment services, including
the collection and analysis of your body cornposition and other health metrics, other health assessments
. MU . 1 . — I • , V
to nutrition coaching. Unless explicitly stated otherwise, each new feature that augments or enhances the
current Service shall be Subject to the TOS. You acknowledge and acyree that the Services are provided
IS" and are based on the current technology in use by BodySpec at the tirne of the purchase or viewing
BodySpec is constantly innovating in order to provide the best possible experience for its users. You
acknowledge and agree that the form and nature of the Services which BodySpec provides may change from
time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that
BodySpec rnay stop (pen-nanently or terriporarily) providing some Services (or any features within the
Services) to you or to users generally at BodySpec's sole discretion, without prior notice to you. You may stop
using the Services at any time. You do not need to specifically inform BodySpec when you stop using the
ou are reCLlCS1jn,4 closure of Woassurnes no resionsibilitk,, for the use of
Services Outside the terrns of this TOS or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access
web -based content, and pay any service fees associated with such access. You are solely responsible for paying
such fees. In add',tion. wou must yo make such Internet connection,_jLdu_d_iu_A a
computer and modern or other access device. You are solely responsible for providing such equipment. You
acknowledue and agree that while BodySpec may not currently have set a fixed upper Ili -nit oil the number of
transmissions you may scrid or receive through the Services or on the amount of storage space used for the
provision of any Service, such fixed upper limits may be set by BodySpec at any time, at BodySpec's
discretion.
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Agreement No. 6007
Once you obtain your Health Information, the knowledge is irrevocable. You should not assume that any
information we may be able to provide to you will be welcome or positive. You may also learn information
about yourself that you do not anticipate.
The scan process may result in errors. While vve make every effort to ensure the accuracy and precision of our
assessments, including daily re -calibration and maintenance, we cannot guarantee that your assessments results
are entirely error -proof. Factors outside our control, such as excess movement while on the scanner, may
contribute to scanning errors resulting in inaccuracy.
You may experience discomfort as part of receiving Services from BodySpec. BodySpec's Services may be
delivered within or near our scanning vehicles. BodySpec makes every effort to ensure a welcoming and
comfortable environment. However, if you are prone to conditions such as claustrophobia, or have physical
conditions such as back pain or severely limited mobility, you may experience physical or mental discomfort
for the duration of a BodySpec service.
Certain tests administered by BodySpec may expose your person to radiation in the form of x-rays. BodySpec
has extensively researched and tested the radiation levels emitted by its dual x-ray absorptiometry scanners
used to collect body cornposition information, to determine the safety of offering such a test. However, you
should understand during the scan, your body will be exposed to some amount of x-ray radiation. You may
wish to discuss this level of radiation and associated risks with a health professional or radiologist.
You should not change your health behaviors solely on the basis of in -formation from BodySpec. BodySpec
provides Health Information to you and may answer general fitness and nutrition -related questions on the basis
of your Health Information and your Self -Reported Information. However, BodySpec's advice is for
informational purposes only, and may not take into consideration relevant factors, such as injuries, diseases, or
other personal limitations that you may have not disclosed. Accordingly, acting upon information provided by
BodySpec is solely at your own risk. You may wish to discuss your Health Information with a physician or
other health care provider before you act upon the Health Information resulting from BodySpec Services.
Health Information you share with others could be used against your interests. You should be careful about
sharing your Health Information with others. Furthermore, Health Information that you choose to share with
your physician or other health care provider may become part of your medical record and through that route be
accessible to other health care providers and/or insurance companies in the future. Health Information that you
share with family, friends or employers may be used against your interests. If you are asked by an insurance
company whether you have learned Health Information about health conditions and you do not disclose this to
them, this may be considered to be fraud.
BodySpec Services are for research, informational, and educational use only. We do not provide medical
advice. The Health Information provided by BodySpec is for research, informational, and educational use only.
The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute
for professional medical advice. You should always seek the advice of your physician or other health care
provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of
any disease or other medical condition or impairment or the status of your health. Reliance on any information
provided by BodySpec, BodySpec employees, others appearing on our website at the invitation of BodySpec,
or other visitors to our website is solely at your own risk.
While we are licensed in the states where we currently maintain operations, not all jurisdictions require our
Services to be subject to license. Therefore, we are not universally licensed by all state, federal, or international
authorities for testing
�, conducted for health and fitness -related purposes. In addition, there are certain
jurisdictions in which we do not offer our Services because we do not have required licenses.
M
By accessing BodySpec Services, you agree to, acknowledge, and represent as follows:
Agreement No. 6007
a. You understand that information you learn from BodySpec is not designed to independently diagnose,
prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and
clinical information. You understand that BodySpec services are intended for research, informational, and
educational purposes only.
b. You represent that you are eighteen (18) years of age or older if you are participating in any of BodySpec
Services to collect Health Information, or you are thirteen (13) years of age or older and have permission from
an adult parent or guardian. Minors under eighteen (18) years of age will be required to furnish a consent form
signed by a parent or guardian.
c. You are aware that sorne of the information you receive may provoke strong emotion.
d. You take responsibility for all possible consequences resulting from your sharing with others access to your -
Health Information and your Self -Reported Information.
e. You understand that all Your Personal Information will be stored in BodySpec databases and will be
processed in accordance with the BodySpec Privacy Statement.
f. Waiver of Property Rights: You understand that by providing any Health Information or Self -Reported
Information, you acquire no rights in any research or commercial products that may be developed by
BodySpec or its collaborating partners. You specifically understand that you will not receive compensation for
any research or commercial products that include or result from your Health Information or Self -Reported
Information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to
provide these representations. In case of breach of any one of these representations BodySpec has the right to
suspend or terminate your account and refuse any and all current Or future Use of the Services (or any portion
thereof) and you will defend and indemnify BodySpec and its affiliates against any liability, costs, or damages
arising out of the breach of the representation.
7. Account Creation, Customer Account, Password, and Security
Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete
Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the
Registration Information to keep it true, accurate, cur -rent, and complete. If you provide any Registration
Information that is untrue, inaccurate, not current, or incomplete, or if BodySpec has a reasonable ground to
suspect that such information is untrue, inaccurate, not current, or incomplete, BodySpec has the right to
suspend or terminate your account and refuse any and all current or future use of the Service (or any portion
thereof).
After you have purchased our Service, You Will create a password and account designation. You are
responsible for maintaining the confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. If you allow third parties to access BodySpec's website
through your username and password, you will defend and indemnify BodySpec and its affiliates against any
liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based
upon or relating to such access and use. You agree to (a) immediately notify BodySpec of any unauthorized
use of your password or account or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. BodySpec cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section.
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Agreement No. 6007
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use
the Services if you do not accept the Privacy Statement. By using any of BodySpec's Services, or by creating
an account on the BodySpec website, you acknowledge and agree to the Privacy Statement.
You acknowledge and agree that BodySpec has the right to monitor any use of its systems by its personnel at
any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only
expectations of privacy any individual should have in terms of usage of the BodySpec Services, website, or
other systems. We may include your information in the Aggregate Information that we publish on our blog, or
use as reference, or share with third parties. BodySpec will never release your individual -level Health
Information and/or Self -Reported Information to any third party without asking for and receiving your explicit
consent to do so, unless required by law. Further, you acknowledge and agree that BodySpec is free to preserve
and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal
process (such as a judicial proceeding, court order, or government inquiry) or obligations that BodySpec may
owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the BodySpec TOS; (c)
respond to claims that any content violates the rights of third parties-- or (d) protect the rights, property, or
personal safety of BodySpec, its employees, its users, its clients, and the public. In such event we will notify
you through the contact information you have provided to LIS in advance, unless doing so would violate the law
or a court order. You understand that the technical processing and transmission of the Services, including your
Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and
adapt to tectinical requirements of connecting networks, or devices. Finally, BodySpec may, in its sole
discretion, restrict access to the website for any reason.
Please refer to our Privacy Statement to read about data protection related to your information.
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person from which such User Content originated. This means that you, and not BodySpec,
are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the Services content presented to You as part of the Services, whether original
BodySpec Services content or sponsored content within the Services, is protected by copyright and/or other -
intellectual property rights that are owned by BodySpec and/or the sponsors who provide that content to
BodySpec (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell,
distribute, or create derivative works based on this Services content (either in whole or in part) unless you have
been specifically told that you may do so by BodySpec or by the owners of that content, in a separate
agreement.
BodySpec grants you a Limited License to copy and distribute free of charge, for non-commercial purposes
only, any of the Services content with the exception of individual Health and Self -Reported Infon-nation that
does not belong to You, and any other content marked as not subject to this Limited License on the website,
provided you: (i) provide the Services content as it appears on the BodySpec website with no changes
including but not limited to presenting selections which might tend to misrepresent the substance of the
Services content; (ii) include the following attribution on the first page of any materials you distribute: (c)
Absolute Health & Performance, Inc. dba BodySpec 2014-2017. All rights reserved; distributed pursuant to a
Limited License frorn BodySpec- (iii) agree you have no right to offer anyone else any farther right with
respect to this Services content. Aside from the Limited License provided in this paragraph, you may not
modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in
whole or in part) unless you have been specifically told that YOU may do so by BodySpec or by the owners of
that content, in a separate agreement.
Agreement No. 6007
As a condition of your use of the Services, you warrant to BodySpec that you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in
any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's
use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Services. Furthermore you
agree not to use the Services to:
(1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or -
offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or
disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or
political beliefs, or other statutorily protected status-,
(2) impersonate any person or entity, including, but not limited to, anyone affiliated with BodySpec, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
(3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of
any content transmitted through the Service;
(4) "stalk" or otherwise harass another-,
(5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any
law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under nondisclosure agreements),
(6) use any information received through the Services to attempt to identify other customers;
(7) download any file posted by another user of the Service that you know, or reasonably should know, cannot
legally be distributed in such manner;
(8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret,
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copyright, or other proprietary rights ("Rights") of BodySpec or any other party-,
(9) harm minors in any way;
(10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area
specifically allows such messages;
(11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in
those areas that are designated for such purpose and only to the extent such content is authorized by law;
(12) upload, 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;
(13) use manual or automated software, devices, scripts robots, other means or processes to access, "scrape,"
"crawl" or "spider" any web pages or other services contained in the site, unless explicitly permitted by
BodySpec;
(14) engage in "framing," "mirroring," or otherwise simulating the appearance or function of BodySpec's
website;
(15) attempt to or actually override any security component of BodySpec web services;
(16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies, or regulations of networks connected to the Service;
(17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any
particular area of the Service or have been communicated to you by anyone affiliated with BodySpec; or
Agreement No. 6007
(18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any
regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that BodySpec has no responsibility to
You or to any third party for) any breach of your obligations under the TOS and for the consequences
(including any loss or damage which BodySpec may suffer) of any such breach. In case of breach of any one
of these agreements BodySpec has the right to suspend or terminate your account and refuse any and all
current or future use of the Services (or any portion thereof) and you will defend and indemnify BodySpec and
its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or BodySpec has a reasonable ground to suspect that you have
I
violated the terms of this Section, BodySpec has the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof).
11. Material Posted Through The Service
BodySpec will not, at all times, control any of the User Content posted via the Service and, as such, does not
guarantee the accuracy, integrity, or quality of such non-BodySpec content. You understand that by using the
Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances
will BodySpec be liable in any way for any non-BodySpec content, including, but not limited to, any errors or
ornissions in any such content, or for any loss or darnage of any kind incurred as a result of the use of any such
content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that BodySpec and its designees shall have the right (but not the obligation) in their sole
discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services.
Without limiting the foregoing, BodySpec and its designees shall have the right to remove any content that
violates the TOS or is deemed by BodySpec, in its sole discretion. to be otherwise objectionable. You
acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content,
including any reliance on the accuracy, completeness, or usefulness of such content,
® Material Provided to BodySpec - V. our Proprietary Rights
User Content. BodySpec does not claim ownership of the User Content you provide to BodySpec (including
feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you
retain copyright and any other rights you already hold over User Content that you create and submit, post, or
display on or through the Services. However, by submitting, posting, or displaying User Content, You Give
BodySpec, its affiliated companies, sublicensees and successors and assigns a perpetual, irrevocable,
worldwide, royalty -free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User
Content that you submit, post, or display on or through the Services. You acknowledge and agree that this
license includes a right for BodySpec to make Such User Content available to other companies, organizations,
or individuals with whom BodySpec has relationships, and to use such User Content in connection with the
provision of those services.
You understand that BodySpec, in performing the required technical steps to provide the Services to our users,
may (a) transmit or distribute your User Content over various public networks and in various media; and (b)
make such changes to your content as are necessary to conform and adapt that content to the technical
requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license
shall permit BodySpec to take these actions. You represent and warrant to BodySpec that you have all the
rights, power, and authority necessary to grant the above license.
Health and/or Self -Reported Information. Disclosure of individual -level Health and/or Self -Reported
Information to third parties will not occur without explicit consent, unless required by law. Note that
BodySpec cannot control any further distribution of Health and/or Self -Reported Information that You share
Agreement No. 6007
publicly on the BodySpec website. You acknowledge and agree that you are responsible for protecting and
enforcing those rights and that BodySpec has no obligation to do so on your behalf.
You understand that you should not expect any financial benefit from BodySpec as a result of having your
Health Information made available to you; or, as provided in our Privacy Statement and Terrns of Service,
shared with or included in Aggregated Health and Self -Reported Information shared with partners, including
commercial partners.
Waiver of Property Rights. As stated above, you understand that by accessing or providing any Health or Self -
Reported Information, you acquire no rights in any research or commercial products that may be developed by
BodySpec or its collaborating partners. You specifically understand that you will not receive compensation for
any research or commercial products that include or result from your Health Information or Self -Reported
Information.
MOEN=
employees, successors, and assigns hantiless from any claim, or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of User Content you submit, post to, or transinit through the
�IW'Zwoypqponj c, our connection to the Servic our violation of the TOS, or pour violation
of any rights of another.
If you have made use of BodySpec services to obtain Health Information, You will defend and hold harmless
BodySpec, its employees, contractors, successors, and assigns fi-om any liability arising out of the use or
disclosure of any information obtained from analyzing your Health Information, which is disclosed to you
consistent with our Privacy Statement or results from any third -party add-ons to tools we provide. In additio,
if you choose to provide your Health and/or Self -Reported Information to third pal -ties - whether individuals
whorn you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes,
# 4.1;W144 #] n a 7
and all liability arising from such disclosure or use of your Health and/or Self -Reported Information. 2A
Unless otherwise agreed in a separate agreement between you and BodySpec, you agree not to display,
distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell,
resell, exploit, transfer, or transmit for any commercial purposes., all or any portion of the Service, use of the
Service, or access to the Service.
15. General Practices Regarding Use and Storage
You acknowledge that BodySpec may establish general practices and limits concerning use of the Services,
including without limitation the maximum number of days that Personal Information and Services content will
be retained by the Service, the maximum disk space that will be allotted on BodySpec's servers on your behalf,
and the maximurn number of times (and the maximum duration for which) you may access the Services in a
given period of time. You acknowledge and agree that BodySpec has no responsibility or liability for the
deletion of or failure to store any messages, other communications, or other content maintained or transmitted
by the Services-, or for the loss of Health Information due to malfunction or destruction of data servers or other
catastrophic events. You further acknowledge that BodySpec reserves the right to change these general
practices and limits in its sole discretion.
Agreement No. 6007
BodySpee reserves the right at any time and from tine to time to modify or discontinue, temporarily or
permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i)
modifications may result in a delay in computations for some of the BodySpec features or Services, and (ii)
BodySpec shall not be liable to you or to any third party for any modification, suspension, or discontinuance of
the Services.
You acknowledge that BodySpec may offer different or additional technologies or features to collect and/or
interpret Health Information in the future and that your initial purchase of the Service does not entitle you to
any different or additional technologies or features for collection or interpretation of your Health Information
without fee, and that you will have to pay additional fees in order to have your Health Information collected,
processed, and/or interpreted using any future or additional technologies or features.
The TOS will continue to apply until terminated by either you or BodySpec as set out in this Section.
If you want to terminate your legal agreement with BodySpec, you may do so by notifying BodySpec at any
time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should
be sent, in writing, to BodySpec address, which is set out at the beginning of the TOS, or online via e-mail
to supporKLbodyspec.corn. If you provide notice online, BodySpec will send you an email asking you to
confirm your request, and your notice will be effective following receipt of a second email confirmation from
You.
BodySpec may at any time, terminate its legal agreement with you (and in conjunction therewith, your
password and account(s)) if. (1) you have breached any provision of the TOS (or have acted in manner which
shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) BodySpec is
required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).- (3)
BodySpec is transitioning to no longer providing the Services to users in the country or state in which you
reside or from which you use the Services; or (5) the provision of the Services to you by BodySpec is, in
BodySpec's opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination Of your use of the
Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that
C,
BodySpec shall not be liable to you or any third party for any termination of your access to the Services.
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and BodySpec have
benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which
are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections
1.(Definitions); 2.(Acceptance of Ten-ns); 3. (Prerequi sites),- 4,(Description of the Services); 5.(Risks and
Considerations Regarding BodySpec Services); 6.(User Representations); 7.(Account Creation, Customer
Account, Password and Security Obligations),- 8.(BodySpec Privacy Statement); 9.(Limited License); 10.
(Customer Conduct - Unlawful and Prohibited Use); 11. (Material Posted through the Service); 12.(Material
Provided to BodySpec - Your Proprietary Rights); 13.(Indemnity); 14.(No resale of
Services); I T(Termination); 18.(Survival of Terms); 19.(Dealings with Information Providers and Listed
Resources); 20.(Hyperlinks and BodySpec Website); 2 1.(BodySpec Proprietary Rights)-, 22.(DISCLAIMER
OF WARRANTIES).- 23.(LIMITATION OF LIABILITY), 24.(Notice)l- 26.(Violation or Suspected Violation
of TOS); and 27.(MiscellaneOLIS) shall continue to apply to Such rights, obligations, and liabilities indefinitely.
19. Dealings with Information Providers and Listed Resources
Agreement No. 6007
Your correspondence or business dealings with -or participation in promotions of -information providers,
vendors, and/or resources found on or through the Service, including payment and delivery of related goods or
services, and any other terns, conditions, warranties. or representations associated with such dealings, are
solely between you and such information provider or resource. You acknowledge and agree that BodySpec
shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such information provider or resources on the Service.
20. Hyperlinks and the BodySpec Website
The Set -vice provides, and third parties may provide, links to other sites and resources on the Internet. Because
BodySpec has no control over such sites and resources, you acknowledge and agree that BodySpec is not
responsible for the availability of such external sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that BodySpec 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 use of or reliance on any such
content, goods, or services available on or through any such hyperlinked site or resource.
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21. BodySpec Proprietary Rights
You acknowledge and agree that BodySpec (or BodySpec's licensors, as applicable) own all legal right, title,
and interest in and to the Services, including any intellectual property rights (including but not limited to
patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the
world those rights may exist). You further acknowledge that the Services irlay contain information which is
designated confidential by BodySpec and that you shall not disclose such inforination without BodySpec's
prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the
Services ("Software") contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that infortriation presented to you
through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other
proprietary rights and laws. Except as expressly authorized by BodySpec, you agree not to -and not to permit
anyone else to -modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer,
decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in
whole or in part. Software, if any, that is made available to download from the Services, excluding software
that may be made available by end -users through the Services, is the copyrighted work of BodySpec and/or its
suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). You may not install or use any Software
that is accompanied by or includes a License Agreement unless you first agree to the License Agreement
teens.
Absolute Health & Performance, Inc., BodySpec, and other BodySpec logos and product and service names
are trademarks of BodySpec and these marks together with any other BodySpec trade names, service marks,
logos, domain names, and other distinctive brand features are the "BodySpec Marks". Unless you have agreed
otherwise in writing with BodySpec, nothing in the TOS gives you a right to use any BodySpec Marks and you
agree not to display, or use in any manner, BodySpec Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and
trade mark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by BodySpec, you agree that in using the
Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a
way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or
logos.
Agreement No. 6007
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ilia-
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RESULTING■OM ANY DATA, INFORMATION,r OR
OBTAINED
a y, MESSAGES► TRANSACTIONS ENTEREDr ■ FROM
UNAUTHORIZEDTHE SERVICES; (c) ACCESS TO OR ALTERATION
DATA;OR AUTHORIZATION FORTHE SERVICES BY SOMEONE CLAIMING
SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
Notices to you regarding this TOS, the Service, your account information, data or personally identifiable
information, or any other matter may be sent to you, at our option, via either e'nail or US Mail to the address
that you provided to us at the time of your registration for the Service or any subsequent update that you may
provide. Alternatively. BodySpec may provide notices of changes to this TOS, our Privacy Policy or other
Agreement No. 6007
matters by displaying notices or links to notices on the Services. Notices required under this TOS from you to
us must be sent via certified US Mail at:
BodySpec
Attn: Chief Operating Officer
5847 Uplander Way
Culver City, CA 902330
Additionally, BodySpec accepts service of process at this address. Any notices that you provide to us without
compliance with this section shall have no legal effect.
25. Changes to the Terms of Service
BodySpec may make changes to the TOS from time to time. When these changes are made, BodySpec will
make a new copy of the TOS available on its website and any new additional terms will be made available to
you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed,
BodySpec will treat your use as acceptance of the updated TOS.
26. Violation or Suspected Violation of Terms of Service
If You violate the tenns of these TOS and/or BodySpec has a reasonable ground to Suspect that you have
violated • terms of these TOS, BodySpec has the right to suspend or ten-ninate your account and refuse any
and all current or future use of the Services (or any • thereof).
27. Miscellaneous
Entire Agreement. The TOS constitute the entire agreement between you and BodySpec and govern your use
of the Services, superseding any prior agreements between You and BodySpec on this Subject. You also may
be Subject to additional terms and conditions that may • when You use affiliate services, third -party
content, or third -party software
MUMN 110 Ila' I WIN
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of'Goods. Any Disputes shall be • by final and binding arbitration under the rules and auspices of the
American • Association, to be held in Los Angeles, California, in English, with a written decision
stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and
reasonable documented attorneys' costs of both • to be borne by the party that ultimately loses. Either
party may obtain injunctive relief • or • and orders to compel arbitration or enforce
arbitral • in any court of competent jurisdiction.
ver.•
waiver of such right or provision. If any • of the TOS is found by a court of cornpetentjurisdiction to
La-LU Wi •
Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause Of
action arising Out of or related to use of the Services or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
Agreement No. 6007
Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents and records originally generated
and maintained in printed form.
Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Sever ability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will
remain in full force and effect.
Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective
upon posting at www.bodyspec.com or notifying you otherwise. If you do not want to agree to changes to the
Agreement, you can terminate the Agreement at any time per Section 18 (Termination).
Assignment. You may not assign or delegate any rights or obligations under the Agreement. Any purported
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assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations
under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral
novation, effective upon notice to you, BodySpec for any third party that assumes our rights and obligations
under this Agreement.
Agreement No. 6007
COVID-19 Safety Procedures from BodySpec Website
What to Expect When You're Expecting a
DEXA, Post C®VID Shutdown
To help reduce the risk of COVID-19, BodySpec will be taking several precautionary steps at
our stores and vans. We ask for your cooperation to help keep everyone safe.
These procedures have been developed with the input of our medical supervisors in each region,
as well as our team.
Here's what to expect:
• We will require all clients to wear a mask or face covering to their BodySpec
appointment. If you do not wear a face covering, you will be asked to reschedule.
Wearing your mask will not affect your results - see our h4)J 1, pot ;dioiu' I c
• Our storefront restrooms will be closed to clients. This is because at this time, we do not
have the ability to consistently disinfect all restroom surfaces between each use. Please
come wearing the clothes you'd like to scan in.
• A BodySpec employee will take your temperature using a contactless thermometer before
you enter the van or storefront. If you refuse a temperature check, or your temperature is
abnormally high, you will be asked to reschedule.
• If possible, please wait in your vehicle until the time of your appointment. If you need to
stand outside the van or storefront, please stay at least 6 feet away from others and
observe social distancing guidelines.
• We are limiting the number of clients inside our storefront to 3 at a time, max. You'll be
directed to specific places to wait, to comply with social distancing guidelines.
0, BodySpec technicians will be verbally instructing you on scan positioning, with contact
kept to a minimum.
• You will still receive an email with your PDF results promptly, but you will not receive a
printed scan report or folder.
You will also be asked to set up a remote phone consultation instead of an in -person
consultation.
We may keep van doors open in order to facilitate airflow.
• All shared equipment will be sanitized and disinfected between clients. Deep cleaning
and disinfecting of the facility will also happen after each scan day.
• Storefronts will not run RMR or V02 tests until further notice.
• Hand sanitizer will be provided for your use.
Thank you in advance for your understanding and help in keeping everyone safe and healthy.
Agreement No. 6007
Informed Consent (part of intake form) from BodySpec
Informed Consent
Please read this entire Informed Consent document ("Informed Consent") before you
sign it. If there is anything that is unclear to you, please ask questions before you sign.
You may reach us at support@bodyspec.com if you have questions about this Informed
Consent document.
Agreement: The purpose of this document is to verify that you have received and
understand the information contained in this document and that you have given your
consent to receive a DXA scan ("Scan") and information related to the results of the
Scan (collectively, the "Services") from BodySpec.
The Scan involves a low dose of x-rays. You should not receive the Scan if (the
"Negative Indicators"):
• You are pregnant or there is a chance that you are pregnant
• You have had a barium x-ray in the last two (2) weeks
• You have had a nuclear medicine scan or injection of x-ray dye in the last week
By signing this Informed Consent, you represent that none of the Negative Indicators
apply to you and that you consent to receive the low dose x-ray Scan.
BodySpec is not a healthcare provider. BodySpec will only provide a general
explanation of the kinds of information provided in the written reports by an individual
with general knowledge about wellness, fitness, and nutrition and an individual certified
to perform the Scan. ovie
Dy dia nosis treatment o eration or prescription for w2yJllgess or ailment.
After you receive the Services, it will be your decision whether or not to utilize the
information provided to you for any purpose. The Services, including all communications
by BodySpec, are not intended to be, and shall not constitute or be deemed to be,
medical advice, and shall not constitute a recommendation or endorsement of any
specific person or organization. If you desire or need medical advice or treatment, you
must see your own physician or other healthcare provider.
Assumption of Risk: In consideration for being allowed to Scan, I agree to assume the
risk of such testing. I further agree to hold harmless BodySpec, its staff members, and
its affiliates who supervise the Scan from any and all claims, suits, losses or related
causes of action for damages, including, but not limited to, such claims that may result
from the injury or death, accidental or otherwise, during or arising in any way from the
Scan at BodySpec.
By signing below, I acknowledge and agree that
1 have read and understand everything set forth in this Informed Consent agreement
Agreement No. 6007
• 1 understand and acknowledge that neither BodySpec, nor any employee or representative of
BodySpec, undertakes to monitor or supervise my health
If I need individual medical advice or treatment, I will go to my own physician or healthcare
provider for that advice or treatment
1 have had a full opportunity to ask questions about the scope and content of the Scan
• 1 can fully participate in and receive the Scan without limitation
• 1 authorize the Scan, voluntarily elect to participate in and receive the Scan, and accept the
Scan under the conditions described in this Informed Consent
• 1 assume all risk of personal injury, illness and/or death arising out of or resulting from the Scan
Disclosure: BodySpec may use client results as anonymous data points for research
purposes. BodySpec may study client data in aggregate, in order to examine trends and
patterns, and may publish anonymized, aggregated findings via the BodySpec website
or other written reports. BodySpec will NEVER release any client's personal individual
data or reveal any identifying information about client scan results without the client's
explicit written permission.
Please speak to a BodySpec staff member if you have questions.