Terms of service

By signing a proposal, statement of work or purchase order that references these terms, or by permitting wereset to attend a site, the Client accepts these terms.

Where a signed statement of work conflicts with these terms, the statement of work prevails for that engagement only, and only to the extent of the conflict. Nothing in a purchase order, vendor portal or standard supplier terms issued by the Client varies these terms unless wereset has agreed to that variation in writing and signed it.

Using this website is separate from engaging our services. The website is informational. Nothing on it, including any figure, chart or case study, is clinical advice or an offer of treatment.

Services may include: strength and functional capacity assessment using isometric dynamometry and related equipment; individual exercise prescription; on-site physiotherapy assessment and treatment; ergonomic assessment; return to work planning support; and aggregate reporting to the Client.

Physiotherapy is delivered by physiotherapists registered with the regulatory college of the province in which the service is delivered, and practised within their scope of practice and that college's standards. Nothing in this agreement requires or permits a clinician to act outside that scope.

Capacity measurement is a health assessment. It is not a fitness-for-duty certification, a pre-employment screen, a functional abilities evaluation for a workers' compensation board, or an independent medical examination, unless the statement of work says so expressly and the Participant has consented to that specific purpose.

The clinical relationship is between the clinician and the Participant. It is not between the clinician and the Client, even though the Client pays.

The Participant may decline assessment, decline treatment, withdraw at any point, and decline to have any result released. Participation is voluntary. The Client must not represent it as a condition of employment, and must not apply a consequence to an employee who declines.

The clinician's professional judgement is not subject to Client direction. If a clinician determines that a Participant should stop a test, should not be loaded, or requires onward referral, that determination stands.

Individual assessment results, including force values, left and right symmetry, endurance measures and any clinical note, form part of the Participant's health record. They are released to the Participant.

The Client receives aggregate reporting only. Aggregate reporting is suppressed below a minimum group size agreed in the statement of work, and is further suppressed where a small group, a single job title or a single shift would make an individual identifiable by inference.

The Client must not use, request or attempt to derive individual capacity data for hiring, promotion, demotion, discipline, termination, scheduling penalty, or any other employment decision. This restriction survives termination of the engagement.

Where a Participant wishes their individual result released to the Client, an insurer, a disability case manager or a treating practitioner, that release requires the Participant's specific, informed and separately documented consent, and may be withdrawn.

The Client provides, at no cost: a clean, private, adequately lit and ventilated space of sufficient size for the equipment in use; a level floor able to bear the equipment; standard electrical supply; and safe vehicle access for loading and unloading.

The Client remains the employer in control of the workplace and retains all duties owed under the applicable occupational health and safety statute, including duties to inform of hazards, to provide site orientation, and to maintain emergency procedures. wereset's attendance does not transfer any of those duties.

The Client will notify us in advance of site-specific hazards, required personal protective equipment, lockout procedures and any restricted areas, and will provide any site induction our clinicians must complete.

The Client is responsible for scheduling Participants and for confirming that attendance is voluntary and communicated as such.

Measurement equipment brought to a site remains our property or that of our lessor. The Client must not move, adjust, service, operate or permit operation of the equipment except under the direction of our clinician.

The Client is responsible for loss of or damage to our equipment while it is at the Client's site, other than loss or damage caused by us, by ordinary wear, or by a defect in the equipment.

Where a piece of equipment is unavailable, we may substitute equipment of equivalent or better measurement capability, and will say so in the report.

Dates are confirmed in writing. A confirmed on-site day cancelled or rescheduled by the Client with less than the notice period stated in the statement of work may be charged in whole or in part, because clinician time and equipment are committed to that date.

Where the Client cannot provide the agreed space, access or minimum number of scheduled Participants on the day, the day is treated as delivered.

Where we cancel for a reason within our control, we will reschedule at no additional charge and will not invoice the cancelled day.

Fees are as set out in the statement of work, exclusive of applicable federal and provincial sales taxes, which are added where required by law.

Invoices are payable within the period stated in the statement of work. Overdue amounts may bear interest at the rate stated there, and we may suspend delivery on written notice while an undisputed invoice remains unpaid.

Travel, accommodation and equipment transport for sites outside a stated service radius are charged at cost, agreed in advance.

Where the Client's benefit plan, insurer or workers' compensation board is the payor for a specific Participant, the Client remains responsible for our fees unless we have agreed in writing to bill that third party directly.

Our attendance does not make us the Client's agent for any claim, and does not discharge the Client's statutory reporting duties to its workers' compensation board.

We do not determine claim entitlement, adjudicate a claim, or certify a Participant fit or unfit for duty. Where a board or insurer requires a document, we will provide only what the Participant has consented to release, within our scope of practice.

Reports we produce may be used by the Client to evidence prevention activity for a premium rebate or certification programme. We make no representation that any regulator will accept a submission or grant a rebate.

We retain all intellectual property in our assessment protocols, normative comparison methods, programme design, exercise libraries, report templates, software and training materials, including anything developed or improved during an engagement.

The Client receives a non-exclusive, non-transferable licence to use the aggregate reports we deliver for its own internal workplace health, safety, benefits and regulatory purposes. That licence does not extend to resale, publication as a commercial product, or provision to a competitor of ours.

Neither party may use the other's name, logo or marks publicly without prior written consent, except that either may name the other in a confidential response to a procurement process.

Each party will keep the other's confidential information confidential, use it only to perform this agreement, and disclose it only to personnel and subcontractors who need it and are bound by equivalent obligations.

Personal health information is not merely confidential information; it is governed by the Privacy Policy and by applicable health privacy legislation, and the more protective standard applies.

These obligations do not apply to information that is public through no fault of the receiving party, was already lawfully held, or is required to be disclosed by law, in which case the disclosing party will give notice where legally permitted.

Neither party is liable for indirect, incidental, special, punitive or consequential loss, or for lost profit, lost revenue, lost production, or loss of anticipated savings, however caused.

Our total aggregate liability arising out of or relating to an engagement is limited to the fees paid by the Client to us under that engagement in the twelve months preceding the event giving rise to the claim.

Nothing in this section limits liability for fraud, for wilful misconduct, for bodily injury or death caused by a party's negligence, or for any liability that cannot be limited at law. Nothing in this section limits the rights of a Participant as a patient.

The Client will indemnify us against claims arising from an unsafe condition at the Client's site that the Client knew of and did not disclose, and from the Client's use of our reports in breach of section 4.

We will indemnify the Client against claims arising from our negligence or the professional negligence of our clinicians.

We maintain professional liability and commercial general liability insurance with reputable insurers, and will provide a certificate of insurance on request.

Either party may terminate an engagement on the written notice period stated in the statement of work, or immediately if the other commits a material breach that is not cured within thirty days of written notice.

We may suspend or terminate immediately where continuing would require a clinician to breach a professional obligation, where a site is unsafe, or where section 4 has been breached.

On termination the Client pays for services delivered and for non-recoverable commitments made in reliance on confirmed dates. Sections on results, confidentiality, intellectual property, liability, indemnity and governing law survive.

Subcontracting: we may engage qualified, registered clinicians as subcontractors, and remain responsible for their work under this agreement.

Force majeure: neither party is liable for delay or failure caused by an event beyond its reasonable control, including a public health order restricting site attendance, provided it notifies the other promptly and mitigates.

Independent contractor: nothing creates an employment, partnership, joint venture or agency relationship between the parties.

Changes: we may amend these terms for future engagements by posting an updated version. The version in force when a statement of work is signed governs that engagement.

Governing law: the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict of laws rules. The parties attorn to the courts of Ontario, and will attempt good faith resolution, then mediation, before litigation. A Participant's rights as a patient are governed by the law of the province where care was delivered.

Severability: if a provision is unenforceable, it is severed and the remainder continues in force. Language: the parties have requested that this agreement and related documents be drawn up in English. Les parties ont demandé que cette entente et les documents qui s'y rattachent soient rédigés en anglais.

Questions about these terms: hello@wereset.ca, wereset, Toronto, Ontario, Canada.