Terms of Purchase
These Terms of Purchase were last modified on March 21, 2023.
This Agreement sets forth the Terms of Purchase for your purchase from Right Way Fitness & Wellness, Inc.
By placing your Order with Right Way Fitness & Wellness, Inc. (the “Company”), by clicking “accept,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the Company website or the applicable purchase page and discontinue use of the Services immediately.
In these terms and conditions, “We/us/our/RightWay Revolution/Do It The Right Way” means Right Way Fitness & Wellness, Inc. “You/your” means you as a user of the Website and/or Customer of the Program/Services.
The Company provides a variety of educational resources and training materials on the topic of wellness and fitness, delivered digitally, through online courses or programs, and live events (as described below). The program content will be delivered on-line through the program website, or as otherwise indicated on your Order form page. If your purchase includes an online Program or Membership site access, you will use a unique username and password that should only be used by you to access the Content. Sharing log-in information, call-in numbers, passwords, and protected links with non-members is prohibited and will result in removal from the program.
- Daily Fitness Classes: There are two ways to participate, individual classes or unlimited monthly subscription for our daily fitness classes. These are offered through a client portal, includes daily classes offered virtually through a digital medium (such as Zoom), and access to recorded workouts.
- “Get Back on Track” introductory Package: A comprehensive package that contains personal one on one/small group Zoom classes that are specifically designed to be educational as starter workouts to address new clients. Also contains healthy lifestyle and nutrition advise, and a few beginner classes.
- Merchandise: We offer a variety of equipment, nutritional supplements, yoga blocks, core balls, rubber bands, various clothing, exercise boots, and more. These are affiliate offerings that we recommend, and provide links to through our site.
- Live Events: We offer a variety of live fitness and wellness events. These may be delivered virtually or at a venue requiring in-person attendance.
- Education and Certification Courses: We offer a variety of fitness and health related courses. They are for the general public, as well as certifications for fitness professionals. These may be delivered virtually or at a venue requiring in-person attendance.
- Wellness Subscription: This is a monthly subscription portal. It contains a library of pre-recorded fitness sessions, various training videos, and interviews on topics of interest with guest experts.
Payment. Payment is required before beginning the program, as indicated on your Order form, and may be a one-time fee, monthly fee, or other recurring fee as applicable. All payments are in US dollars. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the full amount for your services in accordance with the payment timeline requirements. The Company is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be prepaid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. The Company does not guarantee any specific results from use of the Services. The Company does not make any representations or warranties as to specific outcomes or results.
Our refund policy for our various services and offerings are as follows:
(For any refund-related requests, please email us at info [at] rightwayrevolution [dot] com).
- Daily Fitness Classes: Your subscription to Daily Fitness Classes may be canceled at any time, so long as your cancellation request is received in writing a minimum of 7 days before the next billing cycle. There are no refunds for classes already attended. For any unused classes during a current billing cycle, we will refund any balance, less a 30% administrative fee, following the completion of a short survey. A 30-day one-time pause is available to clients who may be facing a personal emergency. The decision to permit the pause shall be in the sole discretion of the Company. Services and billing will resume 30 days following the pause.
- Wellness Subscription: Membership to our Wellness Subscription may be canceled at any time, so long as your cancellation request is received in writing at least 7 days before the next billing cycle begins. There are no refunds for current or past months.
- Online Education / Nutrition Courses: For “all-access” courses where all the content is available immediately following purchase, no refunds are available. Please be sure the course is a fit for your needs before you purchase. For courses that have “dripped content” over 30 days or more, a 30-day action-based refund is offered under the following circumstances: you must show that you have actively participated in the course, completed homework assignments or other coursework as required, and submit your request for a refund within 30 days from the purchase date. No refunds will be available beyond 30 days, or if coursework is incomplete.
- Merchandise: We act as an affiliate for our merchandise offerings. Those items are shipped directly from the manufacturer. Please contact the manufacturer for any issues (ie. regarding sizing or defects etc).
- Live Events: We are confident that you will receive tremendous benefit and learning through our live events. If, however, you attend the event (in full), and do not feel you received the full value of your purchase, please contact us within 24 hours of the event, and we will provide a refund.
Confidentiality & Non-Disclosure Agreement. You are free to speak, write and share about your own experiences from the Program, but you agree to keep all information shared by others confidential, including all information shared by others inside of the on-line community associated with the Program. This provision specifically applies to and includes content shared within the membership course, where applicable, and any private Facebook group, or similar forum if used. If you have any questions about the applicability of this provision, please contact us via email at info [at] rightwayrevolution [dot] com.
Communications. The online community associated with the Program is intended to be a supportive, respectful and positive community for all involved. Communicating disrespectfully to any other members of the group constitutes grounds for removal from the Program and any associated online forum, which decision shall be in the sole discretion of the Company.
Term. This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program website or continue to use the Services after any failure to pay for said services.
Reservation of Rights. Company reserves the rights to remove you from the Program or Services for cause, whether a breach of this contract, an act of misfeasance against the Company, a representative of the company or a participant of a group program, or other inappropriate action, which may include any action which causes a disturbance amongst the group, or otherwise negatively impacts the experience of others participating in any program offered by the Company. Such a determination shall be made solely by Company. You agree that your exclusive remedy in such a scenario, if any, will be limited to the refund of any amount paid to participate in the services or program.
Media Consent. Without expectation of compensation or remuneration, now or in the future, You give your consent to the Company to capture and include your image, likeness, and voice, in photographic, video or audio recordings created during the Program, Services or Event, all of which may be used for any commercial purpose, including future marketing or advertising purposes without limitation.
Data Scraping Prohibited. Data scraping or data mining of any kind from this website, or from any platforms, groups, or online forums operated by the Company is strictly prohibited. Copying, removing, or otherwise scraping data, information or content, regardless of the reason, from the website, or from any platform, group, or online forum operated by the Company is a violation of these Terms and will result in your immediate removal from any program services offered by the Company, including from within any platforms, groups, or online forums associated with those services, without refund or recourse, which decision shall be in the sole discretion of the Company.
Disclaimer. USE OF THE PROGRAM OR SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. The Company and its employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Program or Services or any content provided as part of the Program or Services. The Services provided through the Program are advisory and supportive only, and you bear sole responsibility for the use and implementation of these services in your personal or professional life. You are free to reject any advice, suggestions or requests made during the Program at any time. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve. THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE NOT SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS, SERVICES OR PROGRAMS OFFERED HEREIN OR IN CONNECTION HEREWITH DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY DECISION, ACTION OR OUTCOME FOLLOWING THE PRESENTATION OF INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE PROGRAM, SERVICES OR WEBSITE.
Medical Disclaimer. THE INFORMATION, PROGRAMS, OR SERVICES CONTAINED HEREIN ARE NOT SUBSTITUTES FOR ANY PROFESSIONAL ADVICE OR TREATMENT, INCLUDING THE ADVICE AND TREATMENT OF A LICENSED HEALTHCARE PROFESSIONAL. You should consult your physician or other healthcare professional before starting this or any other fitness, nutrition, or health related program to determine if it is right for your needs. The information offered through this site is educational only and does not replace professional medical advice, diagnosis or treatment. If you have questions or situations requiring professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed physician, psychologist, or other healthcare professional. Never disregard the medical advice of a psychologist or other healthcare professional, or delay in seeking such advice because of the information offered or provided within or through the program, services or website.
Live Event Disclaimer. USE OF THE EVENT OR SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. The Company and its representatives are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Services, the Facility hosting the Event, or any information or content provided as part of the Event, including information provided by 3rd party presenters or other experts. The Services provided through the Event are provided for educational and informational purposes only, and You bear sole responsibility for the use and implementation of these Services in your life. You are free to reject any advice, suggestions or requests made during the Event at any time. There are no guarantees as to the progress or outcomes that may result from the Services and You are responsible for the results You achieve. You agree that we are not, nor shall ever be, liable to You or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other damages arising out of your participation in the Event, including due to the actions, statements or behaviour of any third parties or other participants, or conditions of the host Facility. Notwithstanding anything contrary in this Agreement, at all times damages shall be limited to the amount paid, if any, by You to the Company for the Services provided through the Event.
Relationship. Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
Modification. The Company may modify this Agreement from time to time as required to protect our offerings and services. We will not modify material terms after your purchase without providing notice and obtaining your consent. You agree to be bound by the terms of this Agreement that are in place and posted to the Company’s website at the time of your purchase. You should review this Agreement regularly if you make a recurring purchase or multiple purchases through this Website to keep apprised of any changes.
Assignment. No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.
Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
Governing Law. This Agreement and any action related thereto shall be governed by the laws of the province of Ontario, Canada, without regard to its choice of law principles.
Dispute Resolution & Binding Arbitration. In the event of a controversy or claim arising out of or relating to this contract, or the breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of  days, then any party may, by notice to the other party and ICDR Canada, request mediation under the Canadian Mediation Rules of ICDR Canada. Mediation may occur in-person, online (via webcams), or telephonically, and shall be scheduled within  days of either party providing the other with a request to mediate. If settlement is not reached within  days after completion of the mediation, any unresolved controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified arbitrator. The number of arbitrators shall be one. The place of mediation and arbitration shall be Toronto, Ontario, Canada. The language of the mediation and arbitration shall be English.
Force Majeure. If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to the Company; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction. This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Damage Waiver. Under no circumstances whatsoever shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under this Agreement, arising out of your participation in the Program including due to the actions, statements or behavior of any third parties or participants of the Program. This provision applies even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to the Company for the services during the term of the Program or membership.
Intellectual Property. All materials provided to you as part of your Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of the Company. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of the Company. All trademarks, logos, and service marks displayed on any materials provided as part of your Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Program or Services subject to this Agreement should not be construed as granting any license or right to duplicate said content, including trademarks, logos and service marks of the Company or any third-party.
Waiver. The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Indemnity. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes the Company to be liable to a third party.
Voidability. This Agreement cannot be voided by not logging in to the Member or Program website, where applicable, by not accessing or using the Services as delivered, by not attending the Program, or in any other way attempting to avoid viewing or taking delivery of the Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
Entire Agreement. This Agreement represents the entire understanding and agreement of the parties relating to the Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Program or Services, are of no further force and effect. In order to participate in certain portions of the Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing the Company at info [at] rightwayrevolution [dot] com and requesting a copy of your “Program Terms of Purchase.”
Contact. If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at info [at] rightwayrevolution [dot] com.
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