incentaHEALTH User Agreement

1. Program Overview
Welcome to the incentaHEALTH program. This program is offered to help you live a more healthy lifestyle. You will begin the program by performing an initial weigh-in at the incentaHEALTH Automated Weigh Station. Based on your health program election, you will receive regular emails covering tips and information for proper nutrition and exercise. As determined by your employer, on a periodic basis (e.g. quarterly etc.) you will return to the incentaHEALTH Automated HEALTHspot kiosk to weigh-in. If you have lost weight, you may be eligible to receive an incentive check based on the amount of weight lost. If you continue to keep the weight off in accordance with your employer's predetermined weight loss program, you may receive quarterly checks until the program end date. If you regain some or all of the weight from one weigh-in to the next, your check will be reduced or eliminated, depending on how much weight you regain.
2. Qualified Participants
The incentaHEALTH program is open to all Southwest Power Pool, Inc. employees; however, fitness coaching is designed for those 18 years or older.
3. Privacy
All of the personal information you provide to incentaHEALTH is securely stored in the incentaHEALTH data center. The information is used to calculate your incentive check amounts. Your employer does not have access to your individual weight measurement data, only the summary level percentage of the body weight  employees in the company have  lost. This data is necessary to calculate your incentive checks. This policy is governed by the incentaHEALTH Privacy Policy.
3a. Health Points Tracker
Your employer has not chosen to offer the Health Points Tracker at this time. If in the future you utilize this tool, you are agreeing to allow them to look at your performance data for purposes of selecting prize winners each month.
4. Modification by Your Employer
Your Employer may modify the terms of this Agreement and the predetermined weight loss program at any time by providing you with an updated version. Your continued usage of the program will mean you accept those changes.  incentaHEALTH will provide to your employer only the information necessary for purposes of calculating incentive checks and will not provide any other personal information about you to your employer.
5. Improper Manipulation of Weight Readings
You are not allowed to artificially influence your weight to create an inaccurate weight reading. This includes, but is not limited to, making your weight higher or lower than your actual weight or having others weigh-in for you. If it is determined that you are attempting to manipulate the system in any manner you shall be immediately ineligible for the program and your employer will be notified. You will not be entitled to any additional incentive checks if it is determined that you have manipulated the program.
6. Weigh Ins
If you do not complete a weigh-in as required under the program, any incentive payments to which you are entitled under the program will be suspended until such time as you weigh-in at the next weigh-in period as determined by your employer. 

7.  Payment of Incentive Checks
Incentive checks will be based on the amount of weight you have lost between weigh-ins.* If you meet the weight loss requirements, incentive checks will be paid to you directly by incentaHEALTH. Your employer has determined that incentive checks to qualifying employees will be paid on a quarterly basis.

All participants receiving incentive payments from this program are required to include this income in their tax return for the year in which the incentives were paid.  A 1099 will not be issued.

You are not eligible for weight loss incentives if you are a family participant or if you are pregnant at any time while participating in this program. Pregnancy interferes with accurate weight measurements. In addition, if you have had bariatric surgery at any time after beginning the incentaHEALTH program, you are also ineligible to receive incentive checks due to weight loss unassociated with the program.

8. Prizes
If your employer has added the HEALTHpoints Activity Tracker option, all participants will be eligible to win prizes on a monthly basis. In order to be eligible for a prize, participants will accrue points by participating in program functions (i.e. opening daily email, completing weekly quiz, completing quarterly weigh-ins, referring a friend, etc.). A threshold level will be determined and a participant(s) will be selected at random to receive the predetermined prize among all participants that are above the threshold. Points will re-accrue from zero starting from the first day of each month.

All participants receiving prizes from this program are required to include this income in their tax return for the year in which the prizes were received.
9. Cancellation
You or your employer may cancel your participation in the program at any time for any reason. Upon cancellation of your participation in the program, you are entitled to receive incentive payments only through the date of cancellation.
10. No Guaranty of Weight Loss
incentaHEALTH does not guaranty any weight loss by participating in the program.
11. Consultation With Physician
incentaHEALTH recommends that you consult with your physician prior to beginning the program in order to determine the suitability of the program to your own needs.
12. Waiver, Release and Limitation of Liability
In consideration of your participation in the incentaHEALTH program, you hereby accept all risk to your health and any injury or death that may result from such participation and you hereby release your employer and incentaHEALTH, and their respective officers, directors, employees, agents, successors and assigns from any and all liability to you, your personal representatives, estate, heirs, next of kin and assigns, from any and all claims and causes of actions for all illness or injury to your person resulting from your participation in the incentaHEALTH program, including, without limitation, your death, any medical problems or any health issues, whether caused by the negligence of your employer or incentaHEALTH, or any of their respective officers, directors, employees, agents, successors and assigns. In no event shall your employer or incentaHEALTH be responsible for any damages (including, without limitation, incidental and consequential damages) resulting from your participation in the incentaHEALTH program, whether based on warranty, contract, tort, or any other legal theory, and whether or not your employer or incentaHEALTH are advised of the possibility of such damages. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.
13. Indemnification
You agree to defend, indemnify and hold your employer and incentaHEALTH, and their respective officers, directors, employees, agents, successors and assigns harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorneys fees, resulting from your violation of this Agreement.
14. Participant Nondiscrimination 
This program prohibits discrimination in eligibility and benefits based on certain health factors such as: health status, medical condition, claims filing, medical history, genetic information, evidence of insurability and disability. Program benefits are available to all "similarly situated" individuals. Any individual whose medical condition makes it unreasonably difficult or inadvisable to meet program's standards will be offered a "reasonable alternative."  With medical documentation of condition, please contact personal.trainer@incentaHEALTH.com for more information.
15. Term of Agreement
Unless sooner terminated by you or your participation is terminated by your employer, this Agreement remains in effect for as long as your employer elects to participate in the incentaHEALTH program. Upon termination of the program, you are entitled to receive incentive payments only through the date of termination.
16. General
This Agreement shall be interpreted, construed, and governed by the laws of the State of Arkansas without reference to its choice of law principles, except to the extent preempted by federal law. The parties agree that the exclusive jurisdiction and venue for any legal action in relation to this Agreement shall be in the Circuit Court of Pulaski County, Arkansas or the Eastern District of the Federal Courts of the United States of America. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.