DISCLAIMER & WAIVER
Video and blog content is designed by My Fit Life Now Inc. to inform and train healthy individuals to reach their fitness goals. None of the content is personalized, nor tailored to suit any specific injuries or health problems. Those with health conditions or injuries that may be irritated or made worse due to physical exercise should seek the advice and supervision of a qualified health professional. All specific medical questions should be presented to your own doctor.
Through subscription to My Fit Life Now Inc. individuals will have access to numerous videos with multiple types and styles of exercises and exercise routines. My Fit Life Now Inc. aims to make all videos safe and effective for a variety of clients, however each person is to decide for themselves if the exercises are safe for their condition.
My Fit Life Now Inc. makes no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information contained, or referenced to any content used on this website. My Fit Life Now Inc. does not assume any risk for your use of this information or content.
Talk with your doctor BEFORE you begin a new exercise regime or have a fitness appraisal.
If at any time you feel you are exercising beyond your current ﬁtness abilities, or you feel any discomfort, pain, dizziness, or nausea, you should discontinue exercise immediately and consult your doctor.
If you have given, birth whether vaginally or by c-section, My Fit Life Now Inc. recommends you wait at least 4-6 weeks before starting our videos, unless cleared by a physician to begin sooner. My Fit Life Now Inc. has separate postnatal programs available if you wish to start your return to fitness sooner and would like to be guided safely by certified postnatal trainers.
ASSUMPTIONS OF RISKS
I am aware that exercise and physical training involves many risks, dangers and hazards including, but not limited to: accidents which occur during exercises, over exertion or over-extension, loss of balance or falls, impact, collision with other participants or exercise equipment, mechanical failure of exercise equipment, negligence on the part of other participants; risks from pre-existing injuries and health conditions; and NEGLIGENCE ON THE PART OF MY FIT LIFE NOW INC., INCLUDING THE FAILURE ON THE PART OF MY FIT LIFE NOW INC. TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS AS A RESULT OF MY USE OF THE VIDEO, BLOG AND WEBSITE CONTENT, AND THE EXERCISES AND PHYSICAL ACTIVITIES DONE IN CONNECTION WITH THE MY FIT LIFE NOW INC SUBSCRIPTION.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH PHYSICAL EXERCISE AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLEAMS AND INDEMNITY AGREEMENT
In consideration of my subscription with MY FIT LIFE NOW INC. (the “Releasees”) for the provision of exercise videos, blogs and other online content, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1.TO WAIVE ANY AND ALL CLAIMS that I have or may in the future against THE RELEASEES AND TO RELEASE THE RELEASEES from any liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in physical activities in the course of my subscription, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASES in respect of the provision of or failure to provide any warnings, directions, instructions or guidance as to the use of the website content.
2. TO HOLD HARMLESS AND INDEMNIFT THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my use of the website content;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties, and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the province.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO USING THE WEBSITE CONTENT, AND I AM AWARE THAT BY CONTINUING TO USE AND VIEW THE WEBSITE CONTENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
IMPORTANT: MYFITLIFENOW INC services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable applications related to the Site or provided through the Site. These Terms govern your use of the Site and Services that are provided by MYFITLIFENOW IN. Please read this agreement carefully before accessing or using the Site or Services. Each time you access or use the Site or Services, you agree to be bound by these Terms. If you do not agree to be bound by all these Terms, you may not access or use the Site or Services.
1. This Site is for Informational Purposes Only and Does Not Provide Medical Advice
The Site and Services offer health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Site or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site or through the Services and no assurance can be given that the information contained in the Site or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Site or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Site, you do so solely at your own risk.
2. User Obligations
You agree to abide by all applicable local, provincial/state, national, and international laws and regulations, with respect to your use of the Site and Services. You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, MYFITLIFENOW INC is not responsible for the security of any information transmitted to or from the Site. MYFITLIFENOW INC reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
3. Commercial Transactions
Certain products or services may be offered for sale on the Site or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by MYFITLIFENOW INC or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing MYFITLIFENOW INC with your credit card number and associated payment information, you agree that MYFITLIFENOW INC and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify MYFITLIFENOW INC of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees.
4. Accounts, Passwords and Security
If the Site or Services requires you to open an account, you must complete the registration process by providing MYFITLIFENOW INC with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to MYFITLIFENOW INC which is untrue, inaccurate, not current or incomplete, MYFITLIFENOW INC reserves the right to terminate your access and use of the Site and/or the Services. As part of the registration process, you will be asked to enter an email and password and/or select a username. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify MYFITLIFENOW INC immediately of any unauthorized use of your account or any other breach of security. MYFITLIFENOW INC will not be liable for any loss that you may incur as a result of someone else using your password and/or your account, either with or without your knowledge. You may be held liable for any losses incurred by MYFITLIFENOW INC or another party due to someone else using your account or password.
You agree that MYFITLIFENOW INC, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
7. Successors and Assigns.
We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If MYFITLIFENOW INC or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms. You may not assign your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent.
8. Subscriptions, Free Trials, Billing and Subscription Cancellation.
- Ongoing Subscription. Your myfitlifenow.com subscription, which may start with a free trial, will continue week-to-week, month-to-month, year-to-year, or quarterly or semi-annually and will renew on every renewal period depending on the subscription option you choose unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Myfitlifenow.com service. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
- Free Trials
- Your myfitlifenow.com subscription may start with a free trial. The free trial period of your subscription may last for one week, one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. myfitlifenow.com reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF THE MYFITLIFENOW.COM WEB PAGE (www.myfitlifenow.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on the agreed and accepted basis for your Subscription fee for your Subscription plan until you cancel.
- Recurring Billing. By starting your myfitlifenow.com subscription and providing or designating a Payment Method, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the myfitlifenow.com service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month, 3-months, 6-months, 12-months, or other chosen period thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month, 3-months, 6-months, 12-months, or other chosen period on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your myfitlifenow.com subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription. "Billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
- No Refunds for Subscriptions. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the myfitlifenow.com website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your myfitlifenow.com subscription at any time, and you will continue to have access to the myfitlifenow.com service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNWATCHED VIDEOS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page.
We may modify these TOU at any time, as we deem appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Site and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We reserve the right to modify or discontinue the Site or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site or Services as so modified and your use of new Services will be governed by these TOU.
400-275 Lawrence Ave, Kelowna, BC V1Y 6L2
Last updated on June 4, 2019.