TERMS & CONDITIONS
Please take a moment to carefully review and understand the terms of use and conditions of sale before proceeding to access, use, or place an order on this website www.wayne-fitness.com. It is important to note that these terms include disclaimers of warranties and limitations of liabilities. These terms are a fundamental part of our agreement, so please make sure that you keep a copy for your records.
The website www.wayne-fitness.com is operated by Wayne Inc., is subject to the following policies, terms, and conditions. Please read them thoroughly as they govern your use of the website, including all the information, tools, and services it offers. By using the website, you are agreeing to comply with all the terms, conditions, policies, and notices outlined here. If you do not agree with these terms and conditions, you are not permitted to use the website in any way.
This document serves as a legally binding agreement between you (referred to as “you” or “customer”) and Wayne Fitness. It includes the terms of use, terms and conditions of sale, privacy policy, and return/exchange policy. It is important that you read and understand this agreement carefully. By accessing our website and using our services which are provided by Wayne Fitness, making a purchase through the website or by phone, and using any products or services offered on the website, you are agreeing to be bound by these terms.
The agreement includes provisions for arbitration and waiver of class actions, which means you give up your right to a court hearing, jury trial, and participation in a class action lawsuit. Arbitration is mandatory and the only way to resolve disputes unless stated otherwise in Section 18 or if you choose to opt-out. Please review the dispute resolution provisions in Section 18 carefully, which also explains how you can opt-out.
Wayne Fitness has the right to update these Terms and related documents by posting updates on our website. It is your responsibility to check for changes periodically. The most recent version of the Terms can be found at https://wayne-fitness.com/terms-conditions/ By using the website after any changes, you are accepting them. Any new features or tools added to the website will also be subject to the Terms.
Component 1 – Who this Website is For
This Website is exclusively designed for individuals who are of adult age. In order to gain access to the Website, you must be at least 18 years old or meet the legal age of majority in your state or province of residence, whichever is greater. Moreover, you must possess the legal capacity to engage in a contractual agreement with us. The Website is not intended for minors, and those under the age of 18 are strictly prohibited from using the Website. By utilizing the Website, you are verifying that you are above 18 years of age or meet the legal age of majority in your state or province of residence (whichever is higher), have the legal capacity to enter into a contract with us, and have carefully read and agreed to the terms outlined in this Agreement.
Component 2 – Protection
Our website is protected by both U.S. and international copyright, trademark, and other intellectual property laws. This includes all essential business elements, written content, logos, slogans, metadata, hashtags, images, user accounts, Wayne-Fitness branding, videos, audio clips, private training sessions, and downloads. Any unauthorized copying, reproduction, distribution, republishing, uploading, displaying, posting, or transmitting of any material from the website is strictly prohibited.
The trademarks and logos of Wayne-Fitness are exclusive marks owned by Wayne-Fitness, and any unauthorized use of these marks is strictly prohibited. You are not allowed to use, copy, register as a domain name, reproduce, or display any logo, slogan, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information belonging to Wayne-Fitness without explicit permission. However, you are permitted to print information related to your purchases for personal use only. Commercial use of such information is not permitted.
By agreeing to the terms, you are granted a limited, non-exclusive, revocable, royalty-free license to use the website. The website contains copyrighted material, trademarks, and proprietary information owned by Wayne-Fitness. You are also not allowed to modify, publish, transmit, display, create derivative works, or exploit any content from the website without written permission.
Furthermore, you agree not to engage in any unlawful activities on or through the website, such as hacking, posting inappropriate material, or committing any other illegal acts.
Component 3 – Privacy Policy and Your Personal Data: Understanding Our Commitment to Protecting Your Information
At Wayne-Fitness, we highly prioritize your privacy and are committed to safeguarding your personal information. Any personal data that you share with us on our Website or online store is governed by our Privacy Policy. For more details, you can refer to our privacy policy on our official website at https://wayne-fitness.com. Kindly be aware that Wayne-Fitness reserves the right to make changes to its Privacy Policy from time to time. Please remember that this privacy policy forms an essential component of our agreement with you.
Component 4 – Details you Submit; Signing up; Usernames and Passwords
When you register as a user on Wayne-Fitness, you are committing to supplying precise and honest details. It is crucial that you do not impersonate another individual. Keep your account password private and refrain from disclosing it to others. You are accountable for all actions and content posted on your Wayne-Fitness user profile. If you suspect any unauthorized access to your account, notify us promptly. Wayne-Fitness will not be liable for any loss or harm incurred due to your failure to comply with these rules.
Component 5 – Methods of Payment when Placing an Order
When you make a purchase of any products or services from us or our website, you are agreeing to only use them for personal or non-commercial purposes.
It is strictly forbidden to resell, redistribute, or export any products bought from our website. Payment must be made to Wayne-Fitness before enrolling in our membership program or ordering a product.
If there are any missing or incorrect details in your order, we may ask for more information and have the right to cancel or limit the order even after it has been placed.
Please note that receiving an order confirmation does not guarantee acceptance of the order. If you need to modify or cancel your pending order, contact us immediately at support@wayne-fitness.com. We will do our best to accommodate your request, but we cannot guarantee that changes can be made.
We reserve the right to accept or refuse to ship to anyone for any reason. If your order is denied, the payment will be refunded to the card used for checkout. Your order is only finalized once you have accepted this agreement.
Once we have received your authorized order and verified payment, we will process it for shipment or delivery promptly. If items are not available, we will notify you of any delays and offer alternatives if necessary.
If you do not wish to substitute a delayed product, we will cancel your order upon request and issue a full refund. Wayne-Fitness does not accept orders from dealers, wholesalers, or customers looking to resell items. Orders placed with the intention of reselling will be canceled, and legal action may be taken.
Any fraudulent activity, such as using fake or stolen cards, will be reported to the authorities.
We reserve the right to restrict sales to specific individuals, regions, or jurisdictions at our discretion.
Please be aware that all prices are in U.S. Dollars, and payments must be made in the same currency.
Component 6 – Membership Price Changes
Wayne-Fitness reserves the right to change the membership subscription price at any time. If the price changes after you have enrolled, we will notify you by email. If you wish to cancel your membership after the price changes, you must give us notice by email.
- For monthly memberships, it is 24 hours’ notice of cancellation,
- For annual memberships, it is 30 days’ notice of cancellation.
Component 7 – Terms of Membership and Automated Payments
A member is responsible for settling any amounts owed to Wayne-Fitness for their membership in accordance with the terms specified in these Terms.
The initial membership fee must be paid when setting up the membership account, and payment of the membership subscription fee is required for membership. This payment is due at the time of account setup.
Monthly (or annual, depending on membership type) billing for the upcoming month’s (or year’s) subscription fee, as well as any other charges, will be charged to the membership account.
Any outstanding charges from previous periods, such as personal training costs from the previous month, will also be included in the total fees.
It’s important to understand that not using any of the services included in the membership does not release the member from their financial obligations as outlined in these Terms.
Prospective registrants and Members can choose to make payments with a credit card or debit card. To make a payment, they must provide payment details and select the subscription package they want.
This information will be securely collected by our financial data collection system and then transferred to PayPal’s online payment platform for processing, along with the registrant or Member’s financial details and chosen subscription package information.
By agreeing to these terms, you:
- Understand that we retain data related to the subscription package chosen by the Member, including the last four digits and expiration date of the card used for the purchase, as well as information on when payment of fees is expected.
- Acknowledge and consent to the fact that by requesting a specific subscription package, you are committing to pay the fees on a recurring basis as outlined in that package (unless the subscription is canceled as per our terms). This means that you authorize the automatic collection of payments in accordance with the terms of the chosen subscription package (e.g. monthly payments for a set amount).
- Give us explicit authorization for PayPal to collect the fees from the credit card or debit card provided to us at the time of enrollment (which we will then share with PayPal) and for PayPal to transfer the payment to us.
When you enroll in the Wayne-Fitness membership program and provide your credit or debit card information or another payment method, Stripe will automatically process your payments on the specified date (either monthly or yearly, depending on your membership).
PayPal will charge the payment to the method you used when signing up for the Wayne-Fitness membership. If you wish to cancel your membership, simply send an email to support@wayne-fitness.com
It is important to note that you should not share your credit card details directly with Wayne-Fitness, as all transactions will be securely handled through STRIPE on the website.
Wayne-Fitness will not be held responsible for any security breaches or misuse of your credit card or personal information. You should also be aware that additional terms and conditions from PayPal may apply, which can be found on their website.
Wayne-Fitness has the right to suspend a member’s account or services for any unpaid dues, but termination of services does not relieve the member of any outstanding charges.
If collection procedures are necessary, the member will be responsible for all associated costs, including legal fees as detailed further down in the document.
Wayne-Fitness may also charge value-added tax or other applicable taxes in addition to the stated fees.
Component 8 – Payments for Shipping
At the time of purchase, unless otherwise specified on the Website, we have the right to include shipping and handling fees to your order. We will make every effort to fulfill your order promptly after receiving your completed and verified order. It is important to provide an accurate shipping address and your phone number information.
While we may give estimated delivery or shipment timeframes, these are approximate dates and are subject to change. Please note that certain products or services may have limited availability and may not be available for immediate delivery. If there are any delays with your order, we will reach out to you using the contact information you provided during the ordering process.
If we are unable to reach you, or if you wish to cancel your order, we will refund the full amount charged. We are not responsible for any losses, damages, costs, or expenses resulting from delays in shipment or delivery caused by third-party carriers or other delivery services not under our control. The responsibility for items passes to you once they are handed over to a third-party carrier.
Orders with delivery addresses outside the United States may be rejected at our discretion.
Component 9 – Website Offering of range of Products, Services, and Prices
Wayne-Fitness reserves the right to make changes to products, services, specifications, and prices without prior notice. However, we will notify you via email of any price changes to your subscription or purchases. We strive to ensure that the prices listed on our website are accurate and that the items are described and displayed correctly.
If a product’s correct price is higher than the stated price, we will either reach out to you for further instructions or cancel the order and inform you of the cancellation. Please be aware that we do not guarantee the accuracy, completeness, or currentness of product descriptions or packaging matching the actual product received.
If you receive an item that does not match its description on the website or if the packaging is different, please refer to our Return/Exchange Policy for your options. All sales are considered final unless specified in the Return/Exchange Policy. Any descriptions or references to products or services not owned by Wayne-Fitness do not imply endorsement or warranty unless explicitly mentioned on our website.
Component 10 – Responsibilities of the trainer and Your expectations
The fitness coach will utilize their expertise and experience to create a customized and safe exercise program tailored to your lifestyle, personal objectives, fitness level, and medical background. They will offer guidance, supervision, recommendations, and encouragement to help you reach your desired outcomes. It is important to recognize that Wayne-Fitness and the trainer cannot guarantee specific results from any fitness regimen, as progress is contingent upon your own dedication and effort. As a result, individual achievements will differ. Remember, YOUR RESULTS MAY VARY based on your commitment and consistency.
In order to increase your chances of reaching your goals, you must give your training programme your whole attention. You must have sufficient internet access and be on time for your sessions with your trainer. It is necessary that you dress appropriately and wear appropriate shoes. Your doctor may charge you for issuing the “medical clearance” letter that your trainer may need, and you will be responsible for paying that fee. You acknowledge and accept that it is your duty to keep the trainer informed of any current or future health issues that might impact your capacity to exercise safely and with the least amount of risk of damage. You are required to supply any additional medical information that your Trainer requests from a practitioner.
Since each person is unique and has a unique body and past, each individual will experience unique results. Your personal outcomes will depend on a variety of personal factors such as your commitment to diet and training, your health condition and your genes. Our Return/ Exchange Policy offers you your only solution, if, your are unhappy with your results.
Component 11 – Becoming a KristEvans Affiliate/ Influencer
Wayne-Fitness might give you the chance to sign up as an Independent Wayne-Fitness Affiliate/ Influencer which gives you the chance to get free or heavily reduced goods and services, as well as other compensation, in exchange for your honest reviews of Wayne-Fitness. These mentions might be anything from telling your friends and coworkers about your Wayne-Fitness experience in person to encouraging them to become Members and/or buy Wayne-Fitness items via email or on social media. The only and exclusive authority to decide how much money each Influencer With Authority (IWA), will be paid for their work, is held by Wayne-Fitness.
All Influencer’s With Authority (IWA), that are affiliated with Wayne-Fitness are required to adhere to a variety of laws, such as those that prohibit deceptive advertising, misleading marketing, and email marketing regulations like the CAN-SPAM Act. Additionally, IWAs must also comply with telemarketing laws under the Telephone Consumer Protection Act and laws related to testimonials as outlined in the Federal Trade Commission’s Revised Endorsements and Testimonials Guides. It is the sole responsibility of IWAs to ensure that they are in full compliance with all applicable laws.
In your role as an Influencer With Authority, it is important to ensure that:
- All statements you make regarding your experience with Wayne-Fitness are truthful and accurate.
- Each social media, must include the tags @kristwaynefit and #waynefitness, as well as #ad, #advertisement, or #promotion prominently displayed before the text of your description.
- Hashtags should be placed before the “More” button, and the “Paid Partnership” tool provided by Instagram for Instagram posts
- YouTube or another video platform posts, must have clear, visible description, the hashtags and the video itself should contain the words “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” in a font that is easily readable in the top right corner throughout the video.
- Each email should be directed solely to individuals who have willingly subscribed to receive them and they must clearly be identified as promotional content in the subject line. Each email should also provide a mechanism for recipients to unsubscribe. Any requests to opt out must be respected within a maximum of ten working days.
As an Independent Wayne-Fitness influencer it is crucial to ensure that you implement the following below guidelines, to effectively endorse Wayne-Fitness’s products and services with integrity and compliance.
- All your statements are truthful and accurate.
- You refrain from making any false or misleading claims, especially when it comes to health or scientific assertions about the products or services offered by Wayne-Fitness.
- Focus on sharing your authentic and positive personal experiences with Wayne-Fitness.
- Avoid promoting or discussing any third-party products or services, including those of Wayne-Fitness’s competitors.
- Always show respect for intellectual property rights and steer clear of infringing on any third party’s rights, such as trademark rights, copyrights, likeness rights, and rights of privacy.
- always remember to be transparent and genuine when sharing your experiences, while also adhering to the guidelines established by Wayne-Fitness.
All Independent Wayne-Fitness Advocates/Influencers are freelance individuals and are not associated as Wayne-Fitness employees or delegates. These individuals do not have the power to make decisions on behalf of or for Wayne-Fitness. They are prohibited with regards to entering into any sort of agreements on its behalf. These individuals are exclusively accountable for covering all expenses and costs related to their work. Below sections of the agreement, along with all other terms, apply to these individuals and dictate the relationship between Wayne-Fitness and themselves. For more information about becoming an Wayne-Fitness Independent Advocate/Infleuncer please contact us at: wayne-fitness.com
Component 12 – All Published Content- Reviews, Images, Videos, Testimonials
Without a doubt, Wayne-Fitness values feedback from its users and appreciates any comments with regards to its services and products.
Please note that, we may choose to feature acknowledgements and product reviews, along with the name, city, and state of the individual who presented them.
These declarations may be utilized at Wayne-Fitness’s discretion in various styles of marketing, both in print and online. It is important to note that these presentations reflect and showcase personal realities, facts and developments of the individuals who provided them and may not automatically replicate or mirror your own experience or involvement with our products.
It is also important to understand and factor in that, from person-to-person results may differ and that your individual outcomes are based on a number of considerations that are personal and individual to you.
Some of these factors include but are not limited to your overall health condition, your diet, your training consistency and also your genetics.Any communication, message, or content that you share with Wayne-Fitness on this Website, whether by posting, uploading, submitting, transmitting, or sharing via email or other means is only held within your remit and therefore, you assume all responsibility of the content (whatever it may be and in what format) that you share with us.
To make it clear, any data, inquiries, judgments, recommendations, or similar content (referred to collectively as “User Communications”) is your responsibility and you acknowledge that when you share any communication, you confirm that they are your own original work and do not infringe upon any copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or any other laws.
Please be aware that Wayne-Fitness does not support or fund any User Communications that are shared by you or others.
You are not allowed to share any content that is illegal, threatening, defamatory, obscene, inflammatory, pornographic, or profane on Wayne-Fitness. This includes materials that could incite criminal behavior or civil liability.
Wayne-Fitness will assist law enforcement or court orders in identifying individuals who post such content. Any user communications are considered non-confidential and non-proprietary, in accordance with our Privacy Policy. Please refrain from sharing any communications that you want to remain confidential or for which you suppose compensation or credit for.
By submitting any content, such as photos, reviews, ideas, or suggestions, to our Website or providing it to us in any way, you agree that it will be considered non-confidential and non-proprietary.
We reserve the right to use, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from your submissions without any compensation to you. Your submissions will become our sole property and will not be returned to you.
Wayne-Fitness has the authority to make improvements to grammatical structures, make accurate any misspellings and reduce statements before publication. All testaments will be critically reviewed and analyzed before they are published. Wayne-Fitness is not required to use all statements or reviews that are submitted and has the authority to utilize any at its own discretion.
By presenting a statement or review, you are recognizing and acknowledging that you have read, understood, and agreed to these Terms and Conditions. In instances that you do not agree with any component of these Terms and Conditions, then it is best that you refrain from submitting your statement or review.
Component 13 – Assessment/Therapy- Product Use & Dangers (Non-Medical)
At Wayne-Fitness, our primary goal is to support you in achieving your weight loss goals and enhancing your overall lifestyle. The content on our website and in our communications via email is meant for informational purposes only. It should not be considered a replacement for professional medical advice or care.
The information provided on this website, is not a replacement for personalized medical care and diagnosis from a professional. It is important to consult with your physician or healthcare provider, before starting any meal plans or exercise programs. The content within is not meant to offer individualized physical or mental health advice and should not be used as such. Please note that we are not medical professionals, and nothing on this website should be interpreted as such.
It is important to note that our products, services, and the information provided on our website have not been assessed by the Food & Drug Administration or medical professionals. Therefore, our products and services are not intended to diagnose, treat, cure, or prevent any health issues, illnesses, or diseases.
We are not licensed medical professionals. The guidance provided on our website, in our meal plans, exercise programs, or through email coaching is not intended to replace medical advice. It is crucial that you seek approval from your doctor before starting any meal plan or exercise program. By utilizing our plans, programs, workouts, and coaching, you acknowledge and accept the potential risks involved, and we cannot be held liable for any injuries, health issues, or unfortunate outcomes that may arise from following our programs.
Please be aware that we do not accept responsibility for any injuries, health issues, or fatalities that may occur from using our products or services.
Engaging in the activities discussed on our site may pose risks for individuals with existing physical or mental health issues or poor health. Therefore, we advise against participating in any of our meal plans if, you fall into these categories. If you decide to take on these risks, you do so willingly, acknowledging and accepting all potential risks associated with such dietary activities. It’s important to note that even individuals in good health may still face these risks.
Engaging in any exercise program comes with potential risks to your well-being. It’s important to recognize that any type of physical activity can lead to injuries, and our programs are no different. There is a possibility of getting hurt while performing the exercises in our program, especially if they are not done correctly. While we provide detailed instructions on proper form for each exercise, it’s essential to understand that participating in our programs, like any other exercise regimen, carries a risk of injury. By choosing to take part in these activities, you are doing so voluntarily and acknowledging all associated risks. It’s crucial to be aware that even individuals in good health may still face these risks.
Additionally, our products and services are not suitable for individuals under the age of 18, and they should not be used to address any medical conditions or health problems.
It is crucial to recognize that the dietary requirements of minors and individuals with medical conditions differ from those of healthy adults. So, before using any of our products or services, especially if, you have a medical condition such as heart disease, high blood pressure, obesity, circulation issues, breathing problems, or any other health concerns, we strongly advise consulting with a physician or healthcare provider.
If you encounter any adverse effects or unintended side effects from using our products, we recommend discontinuing use immediately. Your health and well-being are our top priorities, and we want to ensure that you make informed decisions about your health and fitness journey.
While we strive for our products and services to be successfully utilized, there are instances where they may not be fully implemented, leading to potential lack of progress or results for the user. It is important to note that proper implementation of our offerings can lead to remarkable outcomes. Nevertheless, it is essential to acknowledge that despite diligent implementation, desired results may not be achieved. There is a possibility that individuals may not experience weight loss, muscle gain, or any other positive outcomes even after fully utilizing our products and services.
At Wayne-Fitness, our aim is to provide you with precise details regarding our range of products and services. It is important for you to acknowledge and agree that the information we share about our products, services, and their effectiveness is sourced from reputable third-party sources like news agencies, scientific reports, and research entities.
We cannot guarantee that this information is completely free of errors, and we do not endorse or support the methodologies employed by these third parties in reaching their conclusions.
Any details regarding product specifications, performance data, or any other information on our website are intended for informational purposes only and should not be taken as a guarantee that our products will always meet these specifications or performance standards. We cannot assure you that your results will be the same as those achieved by others who have used our products or services because each and every individual has a different body composition and also has a variety of factors different to your own.
The statements and disclaimers regarding the products mentioned above do not apply in cases where they are prohibited by law, such as in the state of New Jersey.
Component 14 – Warranty Disclaimer
With the exception of where it is inapplicable or prohibited by law, particularly in the state of New Jersey, the website and its content are provided on an “as presented”, “as accessible” grounds without any guarantees, whether expressed or implied. This includes but is not limited to warranties of title, marketable, or qualified for a specialized intention. We do not make any representations or warranties regarding the consistency, appropriateness, condition, fittingness, disposal, precision, or wholeness of any information on the website.
We do not guarantee that the use of the website will be secure, timely, uninterrupted, or error-free, or that it will work well with any other hardware, software, system, or data. We also do not guarantee that the website or services will meet your requirements or expectations and that any stored data will be accurate or reliable. We do not guarantee that any products, services, information, or other material purchased through the website will meet your expectations, that errors or defects in the website will be corrected, or that the website or the servers making it available are free of viruses or other harmful components.
We hereby disclaim all conditions, warranties, whether expressed, implied, legal, or otherwise, including any implied warranties of merchantability, fitness for a specific purpose, or non-infringement of third-party rights, to the maximum extent allowed by law.
Component 15 – Liability Limitations
By participating in a strenuous exercise program, you acknowledge the inherent risks involved. Unless prohibited by law, including in the state of New Jersey, you understand that Wayne-Fitness’s (along with its officers, directors, shareholders, employees, and agents) will not be held responsible for any injuries sustained during training, unless due to gross negligence on the part of the trainer. You also agree that neither Wayne-Fitness nor your trainer can be held liable for injuries related to undisclosed medical conditions.
In the event of any claim, Wayne-Fitness’s liability is limited to three times the payments made by you in the month prior to the incident. You waive any right to indirect, special, incidental, exemplary, consequential, punitive, or other damages. This limitation of liability applies to all claims and theories of liability, even if Wayne-Fitness was aware of the possibility of such claims.
Some states may have different laws regarding warranties and exclusions, so certain exclusions may not apply to you and you may have additional rights. However, this limitation of liability does not apply to consumers in New Jersey.
Except where prohibited by law, including the state of New Jersey, Wayne-Fitness and its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents shall not be held liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this agreement, the privacy policy, the products, your or a third party’s use or attempted use of the website or any product. This includes but is not limited to loss of use, profits, data, goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of how damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort, warranty, or otherwise.
Component 16 – Resolution of Disputes through Compulsory Binding Arbitration and Waiver of Class Action
Please carefully review this arbitration provision to fully understand your rights. Unless prohibited by law, you consent to resolving any future claims through confidential arbitration that is final and binding.
By agreeing to this provision, you are acknowledging that you are waiving your right to a trial by jury. Keep in mind that certain rights you would have in court, such as discovery or the right to appeal, may be more limited or non-existent in arbitration.
Additionally, you agree to only bring a claim in your individual capacity and not as a plaintiff or class member in any class or representative proceeding. Furthermore, the arbitrator is not allowed to consolidate proceedings or claims or preside over any form of a representative or class proceeding.
Arbitration proceedings do not involve a judge or jury, and the scope of court review for arbitration awards is restricted. Nevertheless, an arbitrator has the authority to grant the same remedies and damages on an individual basis as a court would, including injunctive relief, declaratory relief, or statutory damages. The arbitrator is required to adhere to the terms outlined in the conditions of use, similar to how a court would interpret and enforce them.
A. Overview
Arbitration is a method of settling a dispute without going to court.
A “Claim” refers to any disagreement between you, KristEvans, or any other party involved regarding your account, use of the Website, relationship with KristEvans, the Terms, Privacy Policy, and Return/Exchange Policy.
This encompasses all claims related to your use or attempted use of products/services, as well as any actions by Wayne-Fitness or third parties (such as trainers) in relation to your use of products/services.
Any party involved can bring forth a Claim. In the event that Wayne-Fitness has a Claim against you, both parties agree to confidential arbitration. By agreeing to arbitration, you are giving up your right to take the matter to court and instead agree to resolve any Claims through arbitration. This arbitration provision outlines the terms and conditions of our agreement to confidential arbitration and is governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
B. Concessions
Despite the previous information, there is an concession to the rule of confidential arbitration being final and binding.
Both you and Wayne-Fitness have the right to take any claim within the jurisdiction of a small claims court and pursue it on an individual basis, without involving any class actions. This includes matters related to overdue accounts that fall within the small claims court’s jurisdiction.
Wayne-Fitness will not force arbitration if you properly file and pursue an individual claim in a small claims court, as long as the claim is ongoing in that court.
Certain claims are not subject to final and binding arbitration and must be resolved only in the state or federal courts in Sacramento, California. These include disputes regarding the infringement or validity of proprietary rights, such as trademarks, copyrights, or patents, as well as actions seeking injunctive relief for breach of the agreement. You agree not to participate in any representative or class-wide claims excluded from arbitration, including class actions or class-wide arbitration.
Small claims can be filed in any court with jurisdiction over the parties involved. For other matters excluded from arbitration, the parties agree to exclusive jurisdiction and venue in the state and federal courts in Sacramento, California, and waive any challenge to the courts’ authority and location.
C. Expected Procedures before Dispute
In order to resolve any disputes between us, we both agree to first communicate with each other in writing, providing a detailed description of the issue along with all relevant documents and information, as well as a proposed solution. If you need to raise a dispute, you can send your written description via email to support@wayne-fitness.com. Wayne-Fitness will then reach out to you by mail at the billing address or email address you have provided.
Both parties commit to engaging in sincere negotiations with Wayne-Fitness or their representatives to address any problems or disagreements.
If a resolution is not reached within 60 days of receiving the written dispute, we will proceed with the dispute resolution process outlined below.
Despite the terms of this arbitration agreement, we retain the right to seek legal remedies such as injunctive relief in state or federal courts in Sacramento, California to enforce these Terms or protect the rights of third parties or our intellectual property.
By accepting these terms, you agree to the exclusive jurisdiction and venue of these courts for any legal actions related to this agreement.
D. Timeline to Initiate Arbitration Process
You and Wayne-Fitness must initiate any arbitration process within one year of the Claim arising (this one-year period includes the necessary pre-dispute procedures outlined above). Any arbitration initiated after one year will not be allowed.
E. Location for Negotiation
If the disputed amount is $500 or less, the arbitration can be carried out over the phone or through written submissions.
For amounts exceeding $500, the arbitration will take place in Sacramento, California, unless Wayne-Fitness agrees to a different forum requested by you.
F. Corporation, Rules, and the Authority
We both agree that any and all claims, with the exception of those specified in subsection “b”, must be resolved through final and binding confidential arbitration with a single arbitrator from the American Arbitration Association (AAA).
The arbitration process can be initiated by either party by submitting a written demand for arbitration to the AAA and providing a copy to the other party within the specified time frame mentioned in subsection “Timeline to Initiate Arbitration Process”.
The arbitrator will be chosen through mutual agreement of both parties, or if they cannot agree, in accordance with the rules of the AAA.
The arbitration will follow the AAA’s Commercial Dispute Resolutions Procedures and Supplementary Procedures for Consumer-Related Disputes that are in effect at the time the demand for arbitration is submitted. The AAA’s rules can be accessed at www.adr.org or by calling 1-800-778-7879.
The arbitrator will have the exclusive authority to settle any disputes regarding the interpretation, validity, applicability, or enforceability of the Terms, Privacy Policy, Return/Exchange Policy, and the arbitration provision. They will also have the sole authority to determine if a dispute is eligible for arbitration.
Furthermore, the arbitrator will have the exclusive authority to decide whether the arbitration agreement can be enforced against a party who did not sign the agreement, and whether that party can enforce the provision against you or Wayne-Fitness.
G. Dues
All costs related to filing, administration, and arbitrator fees will follow the guidelines set by the AAA’s Rules.
We will cover the arbitrator’s fees for claims under $10,000, unless they are deemed frivolous.
Legal fees and expenses will not be pursued in arbitration unless the claims are found to be frivolous.
Each party will be responsible for their own additional fees, costs, and expenses, such as legal representation, experts, documentation, and witnesses.
H. Administering Law and Award
The arbitrator will adhere to the laws of California, disregarding any conflicting laws.
The final decision will come with a private written explanation and will be conclusive, although it can be challenged under the FAA.
The ruling of the arbitrator can be enforced in any court with appropriate authority.
I. Enforceability
Upon termination of your account or relationship with Wayne-Fitness, including in the event of bankruptcy, assignment, or transfer, this provision will still be in effect.
If the class action waiver is found to be unenforceable, meaning that arbitration could proceed as a class or representative action, then the entire arbitration provision will be invalid and not applicable.
If any part of this arbitration provision (excluding the class action waiver) is deemed unenforceable, the rest of the arbitration provision will still be valid and enforceable.
J. Other
Any failure or delay in enforcing this arbitration provision regarding a specific claim will not result in waiving the right to require arbitration at a later date or for any other claims, except that all claims must be brought within the one-year limitation period stated above. This provision represents the complete arbitration agreement between you and Wayne-Fitness and can only be altered in writing by Wayne-Fitness.
K. Alterations
Wayne-Fitness has the right to modify this arbitration provision whenever necessary.
By continuing to use the Website, making purchases, or using any Wayne-Fitness services or products, you are agreeing to these changes. If there are significant changes to this provision, Wayne-Fitness will notify you and give you the option to opt-out. Your continued use of the Website, purchasing services or products, or using any Wayne-Fitness services signals your acceptance of any major changes made.
By agreeing to our terms, you acknowledge that you could have chosen to resolve any disputes in a court of law, with a judge or jury presiding over your case, and the option to participate in a class action lawsuit. However, you agree that any claims you may have will be handled individually and exclusively through arbitration, which is binding, final, and kept confidential.
If you wish to opt-out of this arbitration provision, you must do so within thirty (30) days from the date of your purchase, use, or attempted use of any service or product bought on our website. To opt-out, you must send a signed written notice to support1@wayne-fitness.com, with a copy to support@wayne-fitness.com. Your notice should include details of the service or product in question, along with the date of your initial purchase, use, or attempted use.
Failure to opt-out within the specified timeframe means you are bound by the arbitration provision outlined in our agreement and must pursue any claims through arbitration.
Component 17 – Supplementary Solutions
To prevent or minimize irreversible harm to Wayne-Fitness, in the case you violate the terms of the Agreement between the parties or infringe upon Wayne-Fitness ‘s intellectual property or that of a third-party, Wayne-Fitness has the right to seek an injunction or other fair remedy to stop such violation or infringement.
This Agreement does not prevent Wayne-Fitness from pursuing other available remedies, including seeking monetary damages from you.
Component 18 – Indemnity
You agree to protect, reimburse, and absolve Wayne-Fitness and its associates, along with their directors, officers, employees, licensors, independent contractors, subcontractors, suppliers, parent companies, subsidiaries, and agents from any claims, actions, losses, liabilities, damages, expenses, demands, and costs, including attorneys’ fees and litigation expenses, that arise from your use or misuse of the Website, the information you provide on the Website, or any violations of the Terms of Use, referenced documents, or Agreement, or any infringement of laws or third-party rights. You are responsible for any legal consequences resulting from your actions on the Website.
Component 19 – Copyright and Procedure of Content Removal
If you suspect that any materials or content found on a Wayne-Fitness Website violates your copyright, you or your representative can notify Wayne-Fitness to request the removal of the infringing materials or content.
In case you believe that a copyright infringement notice has been incorrectly filed against you, you have the option to send a pledge-statement to Wayne-Fitness. All notices and pledge-statements must be directed to support@wayne-fitness.com.
Component 20 – Links with 3rd Parties
The Website may include hyperlinks to external websites. It should be noted that KristEvans is not liable for the content or performance of any non-Wayne-Fitness websites that are linked on our site. For further information, please refer to our Privacy Policy.
Component 21 – Account Closure
Wayne-Fitness has the right to end a Membership or service for any reason, including paid or guest subscriptions, after notifying the individual via email. This Agreement becomes valid when the participant clicks on buttons like “SUBMIT ORDER,” “PAY NOW,” “ORDER NOW,” “BUY NOW,” or provides information on the Website, responds to a request, completes a purchase, selects a payment method, enters payment details, or starts using the Website.
If we believe you have violated any term of the Agreement, we can terminate it or suspend your access to the Website without notice. In such cases, you will still be responsible for any outstanding payments up to the termination or suspension date.
Wayne-Fitness will not be liable for any consequences resulting from termination or suspension. Your rights under this Agreement will end automatically if you do not comply with it. Certain sections of the Agreement will survive termination, including Sections 12, 14-20, 22, 24-28, and 30-32, as well as any promises or obligations made by you. Termination will take effect immediately, and you must delete all copies of the Website upon termination.
Component 22 – No Waiver
Wayne-Fitness shall not be deemed to have waived any rights, powers, or remedies under this Agreement due to any failure or delay in exercising them. Any partial or single exercise of a right, power, or remedy shall not prevent Wayne-Fitness from exercising any other rights, powers, or remedies under this Agreement. In order for a waiver of any right or obligation under this Agreement to be valid, it must be in writing and signed by Wayne-Fitness.
Component 23 – Ruling Law & Location
The laws of the State of California will govern this Agreement and any conflict arising from it or related to this Agreement. This includes and is not limited to your right to use to the Website, our Privacy Policy, or Return/Exchange Policy, or any other matter regarding Wayne-Fitness. Purchase and use of any service or product, will also be covered by the above-mentioned state.
Any disputes that are not covered by the arbitration agreement in Section 17 will be resolved in the state or federal courts located in Sacramento, California. You therefore, agree to submit to the exclusive jurisdiction and venue of these courts and waive any objections to their jurisdiction or venue.
Component 24 – Uncontrollable Events
An “Event” is defined as any occurrence that is beyond the control of Wayne-Fitness, such as acts of nature, terrorism, civil unrest, labor strikes, government regulations, or material shortages.
Delays caused by such events will not be considered a violation of the agreement. Furthermore, Wayne-Fitness is not obliged to intervene in labor disputes unless required by law.
Component 25 – Obligation
Wayne-Fitness has the right to transfer its rights outlined in this Agreement at any time, without giving you prior notice.
You, on the other hand, do not have the permission to transfer your rights established in this Agreement, without obtaining written approval from Wayne-Fitness.
Component 26 – E-Signature
All information conveyed on the Website is treated as an electronic communication. When you interact with any Wayne-Fitness through the Website or other electronic means like email, you are essentially communicating with the company electronically.
By using the Website, you are agreeing to the fact that we may communicate with you electronically. These electronic communications, include notices, disclosures, agreements, and other messages that we send to you electronically.
These communications hold the same weight and significance as written communications signed by the sender.
By clicking on buttons such as “SUBMIT MY ORDER”, “PAY NOW”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE”, or similar links, you are providing a legally binding electronic signature and entering into a binding contract. Your electronic submissions signify your acceptance and intention to be bound by this Agreement.
In accordance with relevant laws like the United States Electronic Signatures in Global and National Commerce Act (E-Sign Act), you consent to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records through the Website. Additionally, you waive any rights or requirements under any laws in any jurisdiction that mandate original signatures, non-electronic record retention, or non-electronic payment methods.
Component 27 – Modifications of Agreement
You have the option to view the most up-to-date version of the Terms on our website at https://wayne-fitness.com/terms-conditions/
We have the right to update, modify, or substitute any part of the Agreement, including the Privacy Policy and Return/Exchange Policy, at our discretion.
Changes will be posted on our website, so it is your responsibility to check for updates regularly.
By continuing to use or access our website after changes have been made to the Agreement, you are agreeing to the new terms.
These terms and conditions cannot be altered by you unless Wayne-Fitness has given written consent.
Component 28 – Other Guarantees and Retrospectives
By agreeing to the terms of this Agreement, you confirm the following:
(1) you are of legal age, either eighteen (18) years old or the age of majority in your jurisdiction, whichever is higher;
(2) you have carefully read and understood all the terms outlined in this Agreement; and
(3) any products or services purchased from the Website are solely for personal, non-commercial use, and you agree not to resell, redistribute, or export any ordered products.
Additionally, you authorize Wayne-Fitness to use the information provided by you and may contact you via email, telephone, or postal mail for various purposes, such as follow-up calls, customer satisfaction surveys, and inquiries regarding your orders on the Website.
Component 29 – Accountability
In the event that a provision in this Agreement is deemed invalid or unenforceable by the arbitrator or a court with proper jurisdiction, the other provisions will remain unaffected and will remain in full force and effect. The provision in question may be adjusted or removed from the Agreement to ensure enforceability and alignment with the rest of the Agreement.
Component 30 – Complete Contract
The Terms of Use, along with any additional policies or guidelines provided by Wayne-Fitness on the Website, form the complete agreement between you and Wayne-Fitness.
These terms govern your use of the Website, as well as any services or products you purchase or attempt to purchase. They replace any previous agreements or communications between you and Wayne-Fitness, whether written or verbal.
Wayne-Fitness may introduce new services or features on the Website in the future, which will also be subject to these Terms. Any uncertainties in the interpretation of these Terms will be resolved in favor of the party who did not draft them.
Component 31 – Getting In Touch With Us
We welcome our valued customers to reach out to us with any queries or feedback regarding our range of products and services.
Please don’t hesitate to get in touch by emailing us at support@wayne-fitness.com. For any concerns or clarifications regarding our Terms, you can contact Wayne-Fitness via email at support@wayne-fitness.com or through traditional mail.
Testimonial Acknowledgement
The transformations and testimonials showcased are authentic, but it should be noted that they may not reflect the typical outcomes of our meal plans and workout programs. These success stories serve as examples of what individuals who are highly motivated and committed can accomplish by adhering to our personalized meal plans and exercise routines. Results may vary for each person, as factors such as individual exercise background, genetics, and personal drive all play a role in determining the final outcome. The level of effort you put in will ultimately influence the results you achieve.
Important Details About Ongoing Subscription Payments
By taking part in our Program, you will be billed automatically at regular intervals and will have access to fresh meal plans and workout routines as long as you are a member.
If you are not completely satisfied with any of our Online Services within the first 7 days of your purchase, we offer a 100% money-back guarantee. Simply reach out to our Customer Support team to request a full refund. This guarantee applies to both subscription and non-subscription services. Your subscription will be cancelled upon refund approval. Please note that promotional purchases, such as supplements or clothing, are not eligible for refunds if the promotion has been redeemed.
