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Be the first to feel our latest product
Apply by filling a form displayed after you click on GET STARTED, We'll ask you information about your product preferences and body measures.
We'll evaluate your application, and send you a confirmation email in case you fit for one of our product test programs.
Receive the product, use it, during an estipulated period of time, and let's us know your feedback.
If you are selected for a test, you will receive an e−mail inviting you to participate.
If you decide to participate, we'll send you a link from where you can select the product and request the shipment.
Test the product for a required amount of hours and/or specific activities
Provide us feedback about how you felt the product, At the end you will answer a simple online questionnaire.
1. Purpose: By accepting this Wear Testing Agreement (the “Agreement”), the undersigned participant (the “Participant”), agrees to participate as a voluntary member of the wear testing (the “Wear Testing”) arranged by Overnel S.A. (“Shapermint”) and related activities and continuation thereof. The selection of the Participant to participate in the Wear Testing, as a tester, offers the Participant the possibility of testing, evaluating and providing feedback regarding certain Shapermint apparel, including, but not limited to shapewear, straps, camis, open bras, panties, bras, pantyhose, tights, shaping panties, shorts, shaping shorts, bodysuits, leggings, body shapers, push-ups, arm shapers, sliming waists, wash bags, bralettes, thermo pants, thermo vests, slimming outfits, sculpting vests, slimming thermos, smart-bands, sport apparel, etc.
2. Confidentiality: In the course of the Wear Testing and related activities, the Participant may have access to information that is confidential and proprietary to Shapermint and/or to Shapermint’s affiliates, partners, suppliers, customers or other participants in the Wear Testing (collectively, the “Shapermint Group”) including but not limited to the designs, materials, marketing plans, tests, data and evaluations (collectively, “Confidential Information”). The Participant is obliged to keep confidential all Confidential Information, not to disclose such Confidential Information to any person different than Shapermint, and to use such Confidential Information only as expressly permitted by Shapermint in writing. The following shall not be considered as Confidential Information for the purposes of this Agreement: (i) information that is generally known to the public through no fault of the Participant, or (ii) information which the Participant can demonstrate was in the Participant’s possession before Participant received such information from Shapermint or otherwise had access to it. Participant agrees that Shapermint retains sole rights in all Confidential Information, and no rights are granted to the Participant by virtue of the Participant’s participation in the Wear Testing.
3. Protection of Products: If the Participant is given any goods or materials (whether finished products or samples) in connection with the Wear Testing (“Products”), the Participant hereby acknowledges and accepts that the Products shall remain, at all times, the sole property of Shapermint. Furthermore, the Participant agrees to (i) make all efforts and take all necessary precautions to prevent access to, or inspection of those items by third parties, through any and all communication channels, including social media, and especially, (ii) not to sell or otherwise distribute them. The Participant understands that the Participant must return any Products and provide detailed information about those Products and/or test conditions when requested by Shapermint (Shapermint may decide at its own discretion to allow the Participant to keep the Product). If the Participant sells or distributes any Products, the Participant shall surrender to Shapermint any monies or other consideration that the Participant may have received in connection with such sale or distribution.
4. Irreparable injury: The Participant acknowledges that a breach of the Sections 2 (Confidential Information) and 3 (Protection of Products) of this Agreement shall cause irreparable injury to Shapermint, the amount of which will be impossible to estimate or determine and which cannot be adequately compensated. Therefore, the Participant agrees that, should the Participant breach the aforementioned Sections, Shapermint shall be is entitled, in addition to all other rights and remedies available under applicable law, to an injunction from any court of competent jurisdiction, enjoining any violation or threatened violation of those Sections in this Agreement.
5. No remuneration: The Participant acknowledges and accepts that the Participant shall not be entitled to any fee, remuneration or compensation by Shapermint for the Participant participation in the Wear Testing and/or for entering into this Agreement. Any costs and/or expenses incurred by the Participant in connection with the Participant’s participation in the Wear Testing and/or in any activity related to this Agreement shall be borne exclusively by the Participant. The Participant acknowledges and accepts that this Agreement, and Participant’s participation in the Wear Testing, in no way creates or establishes an employee/employer relationship, joint venture or any other commercial partnership or relation of any kind.
6. Competitor Relationships: The Participant declares that the Participant does have, and will not have at any time during the Participant’s engagement with Shapermint under this Agreement, any material relationship with any Shapermint competitor. If the Participant should develop any such relationship during the Participant’s engagement with Shapermint, the Participant agrees to promptly notify Shapermint in writing as to the nature of such relationship to the contact address indicated in Section 11 herein. For purposes of this Agreement, (i) “Shapermint competitor” means any person, entity or organization that designs, develops, manufactures, distributes, markets, licenses or sells products or services that are similar to Shapermint’s products and services, and (ii) “material relationship” means any relationship that a reasonable person would believe potentially harmful to the Shapermint Group or that may present any threat or potential threat to the Shapermint Group, including, for example, any Shapermint competitor’s engaging or employing of the Participant or any of the Participant’s family members or friends.
7. Name and Likeness Authorization: The Participant hereby grants, assigns and transfers to Shapermint the absolute, irrevocable and exclusive right, throughout the world and in perpetuity, to copyright, use, re-use, sub-license, publish and republish, photographic portraits, pictures, silhouettes, sketches, drawings, caricatures or any likeness of the Participant (or other attributes of identity), or in which the Participant may be included, in whole or in part, that emanate from the Participant’s engagement by Shapermint (collectively, the “Materials”), without restriction as to changes or alterations, in conjunction with the Participant’s own or a fictitious name, or any reproduction thereof made through any media for advertising, commercial, trade or any other business purposes. The Participant waives any right (i) to any image taken or made in connection with the Participant’s engagement and (ii) to inspect, approve or obtain copies of the Materials. The Participant warrants that the Participant is lawfully exercising the Participant’s right of publicity in connection with the grants given here. The Participant acknowledges that Shapermint is under no obligation to use the Materials.
8. Release of Liability and Waiver: The Participant understands that the Participant may be using previously untested products, or products that have been used and tested by others. Consequently, the Participant acknowledges that the Wear Testing may involve an inherent risk of injury and damage to property, and the Participant assumes all responsibility for and agrees to release, defend and hold the Shapermint Group and its officers, directors, employees, shareholders, agents, and all their respective successors and assigns (collectively, the “Shapermint Release Group”) harmless from all liabilities, costs, expenses and damages relating to all such risks, including as may arise or result from the negligence of the Shapermint Release Group or the Participant’s participation in the Wear Testing. The Participant also agrees to release, defend and hold the Shapermint Release Group harmless from all liabilities, costs, expenses and damages relating to (i) the Participant’s breach of any terms of this Agreement or any other written agreement between Shapermint and the Participant and (ii) the impact of the Participant signing this Agreement and participating in the Wear Testing. The Participant also agrees to never institute any claim, suit or action against any of the Shapermint Release Group, in any court or, related to or arising out of the Participant’s participation in the Wear Testing.
9. Feedback: The Participant undertakes that the Participant shall faithfully follow any instructions given to the Participant by Shapermint in the course of the Wear Testing. In addition, during the Wear Testing, the Participant may provide comments, suggestions, materials or ideas (collectively, "Feedback") to Shapermint or its representatives. The Feedback will be a true reflection of the Participant’s beliefs, findings and opinions. The Participant hereby irrevocably grants, assigns and transfers to Shapermint all of the Participant’s right, title and interest in and to the Feedback. Shapermint shall have the sole and exclusive right throughout the world and in perpetuity to use and exploit the Feedback, in any format or version, by any means and in any media. The Participant warrants that the Participant’s Feedback is not subject to any confidentiality, nondisclosure or use restriction that might prevent Shapermint from using the Feedback. The Participant acknowledges that Shapermint is under no obligation to use the Feedback.
10. Termination: The Participant acknowledges that Shapermint may remove the Participant from the Wear Testing at any time and for any reason. The Participant acknowledges that the Participant may terminate this Agreement by providing written notice to such effect to the Shapermint contact indicated in Section 12 herein. The rights and obligations in this Wear Testing Agreement shall survive the end of the Wear Testing and the termination of this Wear Testing Agreement.
11. Miscellaneous: This document constitutes the entire agreement between the parties with respect to the matters addressed herein, and it may not be changed without Shapermint’s written consent. If any portion of this Wear Testing Agreement is held to be unenforceable, that portion will be ineffective only to the extent it is unenforceable, and all the other provisions shall be given full force and effect.
12. Shapermint contact: For all purposes of this Agreement, Shapermint establishes the following email address as the relevant contact for any communications and notices: [email protected]
(i) Manager of the Participant’s personal information: Overnel S.A., a company organized under the laws of Uruguay, is the manager of the Participant’s personal information provided as per this Agreement, and is responsible for the Participant’s personal data under applicable data protection law.
(ii) Personal information that Shapermint shall collect about the Participant: In order to participate as a Participant in the Wear Testing, the Participant will be required to share certain personal information with Shapermint, as indicated below. Shapermint may collect the following personal information, that the Participant voluntarily provides to Shapermint, during the course of the Participant’s involvement in the Wear Testing:
• First and last name;
• Full address;
• Email address;
• Phone number;
• Birth date;
• Size of tops, bottom and bra;
• Measurements (waist, chest, hip, under bust, thigh, etc.).
(iii) Use Shapermint shall give to the personal information collected: Shapermint may use the Participant’s personal information for the following purposes:
• To manage the Participant’s access and participation in the Wear Testing, verify the Participant’s identity, provide Shapermint’s products to the Participant, receiving and processing the Participant’s Feedback;
• To conduct research on the appropriate fitting of Shapermint’s products and opportunities for improvement of the design, sizing and overall characteristics of Shapermint’s products and that of Shapermints affiliates, partners and related companies;
• To understand and respond to the Participant’s questions or comments;
• To send the Participant updates and communications about the Wear Testing, and about products and services or other promotional communications, such as newsletters, emails, phone calls, text messages/SMS/MMS or special offers or share the Participant’s information with Shapermint’s marketing advisors so they can send promotional offers to the Participant. Please note that if the Participant wishes to opt-out of receiving promotional emails, phone calls, text messages/SMS/MMS, or communications from Shapermint, the Participant must follow the instructions set out in the subsection “Opt-out Policy”, set forth below;
Shapermint may, and the Participant hereby grants Shapermint Participant’s consent to do so by accepting the terms of this Agreement, access and disclose the Participant’s information, any communications sent or received by the Participant, and any other information that Shapermint may have about the Participant as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of this Agreement, or any activity that appears to Shapermint to be illegal or which may expose Shapermint to legal liability. Additionally, Shapermint may disclose the Participant’s information in situations in which Shapermint understands that potential threats to the physical safety of any person or property may be involved. Also, Shapermint may share the Participant’s personal information with affiliated businesses.
If Shapermint or any of its affiliated companies or businesses is sold or disposed of by merger, sale of assets or any other way, or in the event of an insolvency or bankruptcy, the personal information of Shapermint’s users may be one of the assets sold or merged in connection with that transaction and therefore in these cases the Participant’s personal information will be disclosed. Also, personal information about Shapermint’s users may be disclosed in connection with commercial transactions by which we are seeking financing, investment, or any kind of financial support.
Additionally, Shapermint may hire other companies to perform certain business-related functions such as: mailing information, maintaining databases, online payment processors, and hosting services. When Shapermint hires a service provider to perform this kind of functions, Shapermint provides such service provider with the information that it needs to perform its specific function, which may include the Participant’s personal information and other information made available by the Participant. These service providers are authorized to use the Participant’s personal information only as necessary to provide these services to Shapermint.
(v) Shapermint’s Opt-out Policy: To stop receiving newsletters or marketing communications from Shapermint or to opt out of having the Participant’s email address shared with third parties, the Participant shall: (i) click the unsubscribe link in the footer of any such email, (ii) email Shapermint at [email protected]
(vi) Amending or updating personal information: The Participant may request to access, correct, update or delete the Participant’s personal information, by sending an email to [email protected] with the necessary information for Shapermint to process the Participant’s request. Shapermint will respond to the Participant’s request as soon as possible.
Unless required by law, Shapermint is not responsible for informing third parties with whom Shapermint has already shared the Participant’s information of any changes requested pursuant to this section, or for removing information from the databases or records of such entities.
(vii) Security and Retention: Shapermint takes reasonable steps to help protect personal information from any loss or improper use. However, no internet or e-mail transmission is completely secure. Therefore, e-mails sent to or from any website may not be safe, and therefore, the Participant should be extremely careful when deciding what information to send to Shapermint via e-mail or through internet. Shapermint will not be liable for any security issue the user may suffer due to the use of our Site.
14. Governing law and arbitration: This Agreement is governed by the laws of the State of California, United States of America (irrespective of its conflicts of laws provision). It is the intent of the Parties that they attempt to resolve any dispute informally and promptly through good faith, direct negotiation. Either Party may initiate negotiation proceedings by written notice to the other Party setting forth the particulars of the dispute. The Parties agree to negotiate in good faith to jointly define the scope and a method to remedy the dispute. If the Parties are unable to settle the dispute within (30) days from the date on which on Party notifies the other of the dispute, in such case any such dispute arising out of or in connection with the present Agreement shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The seat of the arbitration shall be Montevideo, Uruguay, the language of the proceedings shall be English, and the governing law shall be the laws of the state of California, United States of America.
The Participant declares that the Participant has read this Wear Testing Agreement, understands its legal effects and understands that it is binding upon the Participants’ personal representatives and successors-in-interest. The Participant voluntarily enters into this Wear Testing Agreement.
|Size||Traditional Bra sizing|
|S||36B, 34C, 36C, 34D|
|M||38B, 38C, 36D, 36DD|
|L||40B, 40C, 38D, 38DD|
|XL||42C, 40D, 42D, 40DD|
|2XL||44C, 44D, 42DD, 44DD|
|3XL||46C, 46D, 46DD|