Terms & Conditions
KEEPING IT REAL MEALS, LLC RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, TERMS AND CONDITIONS, AND INDEMNITY AND CONSENT AGREEMENT ("AGREEMENT")
IN CONSIDERATION of being permitted to participate in any way in nutritional counseling, nutritional guidance, meal preparation, and/or meal catering (“Activities”) I, for myself for personal representatives, assigns, heirs, and next of kin:
- KEEPING IT REAL MEALS, LLC shall not be responsible or liable, under any circumstances, for any illness or health problem that may result from the consumption of its prepared foods, meals, or other products. KEEPING IT REAL MEALS, LLC may not be appropriate for certain people including people who 1) have food allergies; 2) are under 18 years of age; or 3) suffer from a medical condition that can be adversely affected by diet. Consult your physician before altering your diet or beginning any diet, nutrition, or meal plan offered by KEEPING IT REAL MEALS, LLC.
- Not a Medical Service. KEEPING IT REAL MEALS, LLC does not offer medical advice, either on its website or otherwise. Consult a licensed physician or healthcare provider if you have any medical questions about any foods, products, or meal plans offered by KEEPING IT REAL MEALS, LLC. KEEPING IT REAL MEALS, LLC is not offered or intended to treat, mitigate, or cure any type of disease, sickness, or weight problem and is not a substitute for sound medical advice. Nothing stated or presented by KEEPING IT REAL MEALS, LLC, whether on the website or otherwise, is intended to be a substitute for professional medical advice, diagnosis, or treatment.
- Weight Loss. We do not guarantee weight loss. Weight loss will vary for each person based upon their individual weight, metabolism, age, activity level, and commitment to their plan.
- Allergies. KEEPING IT REAL MEALS, LLC shall not be liable for an allergic reaction you have to any foods, products, or meal plans, purchase from or delivered by it. The most common food allergens are: gluten (wheat), peanuts, soy, shellfish, dairy, eggs, nuts, and fish. KEEPING IT REAL MEALS, LLC does not accommodate dairy, eggs, nuts, or fish allergies and foods and plans commonly include these ingredients. If you’re allergic to any of these items, you should know that while we make every effort not to do so, we cannot guarantee that there won’t be any cross contamination with your other meals.
I understand that while KEEPING IT REAL MEALS, LLC will omit ingredients that I request to be omitted from any meals or snacks, only with express written consent from both KEEPING IT REAL MEALS, LLC and myself, that I am solely responsible for a) knowing any food allergies or intolerances I may have, b) reviewing all of the ingredients in any meal or snack and c) introducing any new ingredients to my diet.
I expressly acknowledge that I am aware that the facility in which KEEPING IT REAL MEALS, LLC prepares meals and snacks in is not gluten, dairy or nut free, and processes food products such as eggs, dairy items, milk, nuts (including tree nuts and peanuts), fish, shellfish, wheat, and soy, and therefore cannot eliminate the risk of cross-contamination or guarantee that meals and snacks are free of allergens. I expressly acknowledge that I am solely responsible for knowing of any food allergies or intolerances and for any reactions that may happen from any meal or snack.
- No Warranties. EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS AGREEMENT, THE GOODS AND SERVICE ARE PROVIDED BY KEEPING IT REAL MEALS, LLC TO YOU ON AN “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” BASIS WITH NO WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU TO KEEPING IT REAL MEALS, LLC. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Indemnity. You agree to indemnify, defend, protect, and hold harmless KEEPING IT REAL MEALS, LLC and its suppliers, licensors, distributors, affiliates, shareholders, officers, directors, employees, independent contractors, and agents from and against any and all claims, actions, awards, demands, damages, obligations, losses, liabilities, settlements, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from or relating to: 1) your use of and access to KEEPING IT REAL MEALS, LLC; 2) your violation of any of these Terms and Conditions; and 3) your use of and consumption of any KEEPING IT REAL MEALS, LLC food or other products. This indemnification shall survive the termination of these terms and your use of KEEPING IT REAL MEALS, LLC site, products, and/or services.
- Governing Law. KEEPING IT REAL MEALS, LLC’s goods and services and these Terms shall be governed by and construed in accordance with the laws of the State of Louisiana, with regard to its conflict of laws rules.
- Protection of Intellectual Property. Notwithstanding any provision of these Terms and Conditions to the contrary, in the event that you could be deemed to infringe or diminish on KEEPING IT REAL MEALS, LLC intellectual property rights, including but limited to, copyright, trademark, confidential information, good will, business reputation then KEEPING IT REAL MEALS, LLC retains any and all rights and remedies in both law and at equity including but not limited to injunctive relief and such actions will be filed in the appropriate state or federal courts.
- Termination. KEEPING IT REAL MEALS, LLC reserves the right to terminate your account for any reason or no reason, and without any advance notice.
- Relationship. Neither the making of these Terms nor the performance of Terms shall be construed to constitute KEEPING IT REAL MEALS, LLC or you an agent, employee, or legal representative of the other party for any purpose, nor shall these Terms be deemed to establish a joint venture or partnership. Other than as set forth herein, neither party shall have any right or authority to create any obligation, warranty, representation or responsibility, express or implied, on behalf of the other party in any manner whatsoever.
- Storage. I acknowledge that I am to be solely responsible for the proper storage, handling and preparation of the meals and snacks once it leaves KEEPING IT REAL MEALS, LLC.
- Prohibition Reselling or Distribution. I hereby agree that I will not resell or distribute any KEEPING IT REAL MEALS, LLC meals or snacks to any third party unless I have a fully signed and executed direct contract stating otherwise from KEEPING IT REAL MEALS, LLC. If I provide any meals or snacks to any person other than myself then I will fully indemnify and hold harmless KEEPING IT REAL MEALS, LLC from any and all liability related to such use or consumption, including attorney’s fees and costs.
- I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE FOLLOWING RELEASEES:
- Keeping It Real Meals, LLC;
- Any employees or independent contractors of Keeping it Real Meals, LLC; and
- Subsection a and b’s respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein)
FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE THE “RELEASEES” ALLOWED FOR UNDER LOUISIANA LAW, AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim as allowed under Louisiana law.
- I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE.
- I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW OF WHICH LOUISIANA LAW GOVERNS.
- I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.