Legal

PERMISSION TO ACCESS OR USE THE WRKOUT PLATFORM IS GRANTED ON THE TERMS SET OUT IN THESE TERMS OF USE. BY ACCESSING, USING OR REGISTERING AN ACCOUNT ON THE WRKOUT PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE.

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the wrkout.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and WRKOUT Media Inc. ("WRKOUT Media Inc.", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and WRKOUT Media Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

DISCLAIMER: THE PLATFORM IS INTENDED FOR USE SOLELY IN CANADA AND THE UNITED STATES. ANYONE ACCESSING OR USING THE PLATFORM OUTSIDE OF CANADA AND THE UNITED STATES DOES SO AT THEIR OWN RISK AND, IN DOING SO, IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAWS OF THEIR OWN JURISDICTION. WRKOUT DISCLAIMS ANY AND ALL RESPONSIBILITY WITH RESPECT TO THE ACCESS OR USE OF THE PLATFORM BY ANY USER LOCATED IN A JURISDICTION OUTSIDE OF CANADA AND THE UNITED STATES, NOR DOES IT REPRESENT OR WARRANT THAT THESE TERMS COMPLY WITH THE LAWS OF ANY JURISDICTION OUTSIDE OF CANADA AND THE UNITED STATES.

OUR SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MAY ONLY ACCESS AND/OR USE ANY WRKOUT SERVICES WITH THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR GUARDIAN.

The WRKOUT Platform or “WRKOUT Personal Studio” (hereinafter referred to as the Platform) is a virtual referral service connecting users who want to engage for virtual personal physical training and other related services (“Services” or “Training Sessions”) with independent certified physical personal trainers who provide such services. Training Sessions are delivered live on the Platform via online video by trainers. Trainers must register and open an account on the Platform to access and use its features, including to provide or receive the Services, all in accordance with the terms and conditions set out in these Terms.

As the host of the Platform which allows users to engage for Services and trainers to offer Services, WRKOUT enables connections between both parties but is not in an agency relationship with any user of the Platform. WRKOUT does not own, control, supervise, monitor, have access to or manage training sessions, which the trainers provide as independent contractors and not as employees or agents of wrkout. wrkout’s relationship with trainers is on an independent contractor basis, and neither are entitled to employment benefits the company may provide to its employees, including without limitation, workers’ compensation insurance, unemployment insurance benefits, group health insurance benefits, and pension and similar benefits. WRKOUT makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, expertise, skills, experience or availability of trainer or the services, as more particularly provided in these Terms.

In order to use the various Platform features, you, as a trainer, must register for and maintain an active membership account (“Account”), which you may do so only if are eligible under Section 3.2. Account registration requires you to submit to WRKOUT certain personal information, including your name, address, mobile phone number and age, and if you are a registering as a user, your certification that you are capable of participating in physical training and at least one valid payment method supported by WRKOUT. In addition, if you wish to become a  Trainer, you must meet eligibility criteria to become a  Trainer and enter into the  Trainer Agreement.  TrainerS must register and enter into a contractor agreement with WRKOUT, and provide basic information to self-certify their experience and qualifications. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including a material change to your health or having an invalid or expired payment method on file, may result in your inability to access or use the Services. userS and  TrainerS may only maintain one Account at any time and may not transfer or assign their Account to or share access to their Account with someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify WRKOUT if you suspect that your credentials have been lost or stolen or that your account has otherwise been compromised. As permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. Having an Account enables you, as a user, to purchase or, as a  Trainer, to provide Training Sessions and to obtain various other goods and services from time to time, including Third-Party Services.

You are not permitted to register an Account unless you meet the following criteria, and by registering an Account, you represent and warrant to WRKOUT that:

WRKOUT Personal Studio is free to use. Should premium features become available, WRKOUT reserves the right to charge trainers according the the fee structure that is implemented.

When applicable, you shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

WRKOUT will pay $20 for each referral that trainer make on completion of a first training session of the referred trainer.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join your Training Sessions. You acknowledge that WRKOUT does not own, control, monitor, have access to or manage Training Sessions. You acknowledge that physical fitness training that will be conducted during each Training Session carries inherent risks to your person and property and that of your guests. You hereby agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your and your guests’ access to and use of the Platform and participation in any Training Session, use of any other Services, or any other interaction you have with  TrainerS or other userS whether in person or online. This means it is your responsibility to investigate a Training Session to determine whether it is suitable for you, to disclose to your  Trainer at the start of a Training Session, and to monitor your physical condition and health before, during and after any Training Sessions. For example, Training Sessions may carry risk of bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Training Sessions.

Trainers are individually responsible for obtaining the data network access necessary to use or provide the Services (including Training Sessions). Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and applications (including video camera, microphone and speakers having minimum capabilities and any updates thereto. WRKOUT does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

No one is permitted to record, photograph or take screenshots of any Training Session nor copy, reproduce, publish, display, broadcast or distribute any video recording, photograph or screenshot of a Training Session on any website, social media or any other online or offline platform whatsoever without the express written consent of the other party and the party that is the subject of the recording, photograph or screenshot provided that You may, with the express permission of the participant as indicated by participants acceptance of recording prior to the Training Session, take video recording, photographs and screenshots for the purpose of training that customer and for no other purpose whatsoever. You acknowledge and agree that a breach of this provision by you will allow WRKOUT to immediately terminate your membership or account for Default. You acknowledge that WRKOUT shall have no liability to any user resulting from a breach of this provision by any other user.

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against WRKOUT Media Inc. with respect to such other services. WRKOUT Media Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting WRKOUT Media Inc. to disclose your data as necessary to facilitate the use or enablement of such other services.

We perform regular backups of the Website and its Content and will do our best to ensure the completeness and accuracy of these backups. In the event of a hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

You may terminate your membership or Account at any time in the WKROUT application. WRKOUT may terminate your membership or Account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your Account and the net of any outstanding amounts due to WRKOUT, shall be paid to you. WRKOUT may also terminate your membership or Account immediately and without notice if you are in Default. If your Account has been inactive for more than two years, we may suspend or terminate your Account without prior notice. In the case of termination or suspension, all amounts remaining in your Account shall be refunded to you.

If (i) you breach these Terms, Platform Rules, Content guidelines or any of our other policies, as enacted or amended by us from time to time, (ii) you violate applicable laws, regulations, or third-party rights, (iii) WRKOUT believes it is reasonably necessary to protect WRKOUT, its users or third parties; or (iv) your payment method on file has expired or is invalid (any one of these events, a “Default”), WRKOUT may, with or without prior notice:

For minor violations or where otherwise appropriate, in each case, as WRKOUT determines in its sole discretion, you may be given notice of any intended measure by WRKOUT and an opportunity to resolve the issue. You may inquire about actions taken by us under this Section by contacting customer service.

WRKOUT may take any action it determines is reasonably necessary to comply with applicable law, or an order or request of a court, law enforcement, or other administrative agency or governmental body.

If your membership is terminated, any confirmed Training Sessions will be automatically cancelled and you will not be entitled to any refunds. Once your Account has been terminated, you are not entitled to a restoration of your Account or any of your User Content. If your access to or use of the Platform has been limited or your Account has been suspended or terminated by us for Default, you may not register a new account without our express written permission or access or use the Platform through an account of another user.

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by WRKOUT Media Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with WRKOUT Media Inc. All graphics and logos used in connection with the Website and Services are owned by WRKOUT or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of WRKOUT Media Inc. media or third-party trademarks.

The Platform contains text, photos, audio, video, information, software, code and other content (collectively, “Content”). You acknowledge that all intellectual property rights for the Content (other than User Content) are the exclusive property of WRKOUT and/or its licensors and agree that you will not remove, modify or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Platform except to the extent you are the legal owner of User Content. WRKOUT reserves the right to remove or delete any Content at its sole discretion without any prior notice to you.

We do not own any data, information or material (collectively, "Content") that you submit to WRKOUT Media Inc. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created and submitted by you for commercial, marketing or any similar purpose.

YOU UNDERSTAND AND AGREE THAT THE PLATFORM, ITS CONTENT AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WRKOUT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WRKOUT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any trainer, Training Session or third party service; (ii) we do not warrant the performance or non-interruption of the Platform; and (iii) we do not warrant that verification, identity or background checks conducted on trainers are accurate and complete or that they will identify past misconduct or prevent future misconduct. Any references to a trainer being “verified” (or similar language) indicate only that the trainer or WRKOUT has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

NEITHER WRKOUT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR ANY CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE THE PLATFORM OR ANY CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF THE PLATFORM, OR (IV) BOOKING OF A TRAINING SESSION, INCLUDING THE PROVISION OR USE OF TRAINING SESSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WRKOUT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL WRKOUT’S AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR INTERACTION WITH ANY USER, OR YOUR USE OF OR INABILITY TO USE THE WRKOUT PLATFORM, ANY CONTENT, OR ANY TRAINING SESSION, EXCEED THE AMOUNT YOU PAID AS A USER OR RECEIVED IN COMPENSATION AS A TRAINER DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND WRKOUT. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

To the maximum extent permitted by applicable law, you agree to release, defend (at WRKOUT’s option), indemnify, and hold WRKOUT (including its affiliates) and its officers, directors, employees, agents and anyone for whom WRKOUT is responsible at law harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), including our Platform Rules or Content Guidelines or any of our other policies applicable to you pursuant to these Terms, (ii) your improper use of the Platform, (iii) your interaction with any user at a Training Session or otherwise, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

You agree that any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (a “Dispute”) shall be resolved exclusively and finally in accordance with this Section 16. UNLESS OTHERWISE EXCEPTED UNDER THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ALL DISPUTES WILL BE RESOLVED OUTSIDE OF COURT BY MEDIATION AND ARBITRATION AS CONTEMPLATED UNDER THESE TERMS AND BROUGHT BY YOU SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR SIMILAR PROCEEDING, AND YOU HEREBY WAIVE ALL RIGHTS TO LITIGATE A DISPUTE IN ANY COURT, TO BE HEARD BY A JURY OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR SIMILAR PROCEEDING. YOU ALSO UNDERSTAND THAT OTHER RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN MEDIATION OR ARBITRATION. THE WAIVER OF SOME OR ALL OF THE FOREGOING RIGHTS IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND TO THE EXTENT SO PROHIBITED, MAY NOT APPLY TO YOU.

It is WRKOUT’s commitment to maintain the principles of integrity and trust with respect to the protection of personal information. WRKOUT collects users’ personal information strictly for the purposes serving our users on the Platform, including for the purpose of administering users’ Accounts, helping users connect with one another on the Platform and access Services, updating or offering users with relevant information and promotions, improving and developing new services, ensuring compliance with these Terms and ensuring legal compliance. Please review our full Privacy Policy for more information.

Subject to your compliance with these Terms, WRKOUT grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform on up to two personal devices at any one time, and (ii) access and use any Content on the Platform, in each case solely for your personal use or in connection with your use or provision of the Services. Any rights not expressly granted herein are reserved by WRKOUT.

For your convenience, the Platform may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

WRKOUT cannot and does not guarantee or warrant that files or data available for downloading from the Internet or the Platform will be free of viruses and other destructive code. You are solely and entirely responsible for your use of the Platform and your computer, Internet and data security. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, Trojan horses, worms, logic bombs or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the Platform.

You have the option to use the “persistent log-in” feature, which allows you to remain logged-in while the Platform is closed in order to avoid having to re-enter your log-in information each time you open the Platform. If you choose to exercise this option, you understand that anyone who gains access to your mobile, computer, tablet or other device will be able to access, and use all of the functionality as found on the Platform, including the payment functions. By agreeing to this option you understand and agree that you are responsible for any charges or actions on your account.

By downloading and installing the WRKOUT App, you agree that these Terms supplement and incorporate the terms of service of the applicable App vendor or store (e.g. the Google Play Terms of Service or the Apple, Inc. Terms and Conditions), and such App vendor or store will have the right to enforce these Terms against you as a third beneficiary thereof. You also consent to any updates or upgrades that are released through by the App vendor or store or the Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with WRKOUT’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App at any time.

To enable our systems to recognize your browser or device and to provide and improve the Services, we use cookies and other identifiers in accordance with our Privacy Policy. You can manage browser cookies through your browser settings.

You authorize WRKOUT to send you administrative communications from relating to your Account using the email address or other contact information you provide for your WRKOUT account. The frequency of these administrative emails will depend upon the program(s) to which you have subscribed. You may also receive promotional emails from us if you subscribe, and you can always control whether you receive promotional emails using the notification preferences in your account settings. Please note that, if you disable certain communication settings, you will not be able to take advantage of certain promotions.

WRKOUT offers a mobile communication service to help you receive the latest information about our Services, your appointments, special offers, and promotions. You may opt-in to our mobile communications service to receive mobile text messages, including short message services (SMS) and multimedia messaging services (MMS) via your Account settings and, if you do so, you agree to these Text Messaging Terms and Conditions. You will receive a confirmation text message when registering to receive text messages, and you may need to reply as instructed to complete registration. Consent to receive text messages is not required to purchase our Services. In special circumstances, you may receive additional messages related to appointments, availability due to holidays or special events etc. and this may exceed the number of messages per month. WRKOUT reserves the right to alter the frequency of messages sent at any time. WRKOUT also reserves the right to change the short code or phone number from which messages are sent and WRKOUT will notify you for the change. WRKOUT will not charge you for the text messages you receive from us. However, depending on your mobile plan, text message and data rates may apply. WRKOUT will not be liable for any delayed or undelivered messages.

You may opt-out at any time by amending your Account settings. You agree to receive a final text message confirming your opt-out. If you want to join again, just sign up as you did the first time and WRKOUT will start sending text messages to you again. If you are experiencing issues with the messaging program, please email us at help@wrkout.com. Texts may be sent through an automatic telephone dialing system. You agree to notify us of any changes to your mobile number. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

If you have any questions regarding your privacy, please read our Privacy Policy. WRKOUT reserves the right to terminate a mobile communication service, in whole or in part, at any time and without notice.

Except as they may be modified or supplemented from time to time, these Terms (including those terms, conditions, policies, guidelines, standards, forms, rules and disclosures that form part of these Terms) constitute the entire agreement between WRKOUT and you pertaining to your access to or use of the Platform.

Subject to Section 18.5, these Terms do not and are not intended to confer any rights or remedies upon anyone other than you and WRKOUT.

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

WRKOUT may modify these Terms, including any rules, policies or guidelines referred to in these Terms, at any time or times. We will notify you by email of any material changes to these Terms not less than 30 days before they become effective. Any revised Terms will be posted on the Platform showing the latest revision date at the top of these Terms. Your only remedy, if you disagree with the revised Terms, is to terminate your membership or Account and cease accessing or using the Platform. If you continue accessing or using the Platform after the date the revised Terms become effective, you are deemed to accept the revised Terms.

Any one or more failure on the part of WRKOUT to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

WRKOUT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to legal@wrkout.com.

Last updated: May 18, 2022

WRKOUT Media Ltd. (“WRKOUT”) understands that you care about how we collect, use, and share information when you interact with our websites, mobile applications, social media sites and handles, email, and online services (our “Services”), and we value the trust you place in us. This Privacy Policy explains:

We also include specific disclosures for residents of the European Economic Area, U.K., Switzerland, and California. This Policy applies when you interact with us through our Services. It also applies anywhere it is linked. It does not apply to non-WRKOUT websites and mobile applications that may link to the Services or be linked to or from the Services; please review the privacy policies on those websites and applications directly to understand their privacy practices.

If (i) you breach these Terms, Platform Rules, Content guidelines or any of our other policies, as enacted or amended by us from time to time, (ii) you violate applicable laws, regulations, or third-party rights, (iii) WRKOUT believes it is reasonably necessary to protect WRKOUT, its users or third parties; or (iv) your payment method on file has expired or is invalid (any one of these events, a “Default”), WRKOUT may, with or without prior notice:

When you interact with the Services, we collect certain information about your use of our Services. This includes:

We use cookies and other technologies to provide features on our Services. We also partner with other companies that use these technologies to collect information about your use of our Services and your interaction with advertisements served on our behalf. Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

The types of cookies and tracking technologies our partners use can be categorized as:

Below is a list of these partners with links to more information about their use of your information and any options they may make available regarding tracking.

Personalized

We may combine information from the Services together and with other information we obtain from our business records. Additionally, information collected about you from a particular browser or device may be linked to information collected from another computer or device that we believe relates to you.

We may use the information we collect from you for the following purposes:

We use a combination of network firewalls, access management, and administrative safeguards to protect the information we collect through the Services. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.

We share information as follows:

We may transfer to another entity or its affiliates or service providers some or all information about you in connection with or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.

If you use our Services outside of Canada, you understand that we may collect, process, and store your information in Canada and other countries. The laws in Canada regarding information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. By using the Services, you consent to the collection, international transfer, storage, and processing of your data.

Our services are not intended for anyone under the age of 13. If you are 13 to 17 years of age, you may only access and/or use any WRKOUT services with the involvement and approval of your parent or guardian. If we discover that we have inadvertently collected information from anyone younger than the age of 13, we will delete that information.

To the extent that we receive protected health information about you, that information is subject to electronic disclosure to the extent permitted by applicable law.

Please note that opting out of advertising networks services does not mean that you will not receive advertising while using our Services or on other websites, nor will it prevent the receipt of interest-based advertising from other companies that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt-out preferences.

Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Services may not be available, work, or work as designed. You may also be able to opt-out of or block tracking by interacting directly with the other companies who conduct tracking through our Services.

Your browser or device may include “Do Not Track” functionality. If you have selected this feature, we will continue to use cookies and other tracking technologies to provide you with the features of our website but will block other parties from being able to collect data regarding your interactions with our site via cookies.

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

The California Consumer Privacy Act (“CCPA”) provides California residents with the right to receive certain disclosures regarding the collection, use, and sharing of information about them, as well as the rights to know/access, delete, and limit sharing of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights. To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

You have the right to receive notice of the categories of personal information we collect, and the purposes for which we use personal information. You also have the right to know about the sources of the personal information and to whom it is disclosed or sold. The categories we use below to describe personal information are those enumerated in the CCPA. Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to conduct activities on our behalf. Service providers are restricted from using personal information for any purpose that is not related to our engagement. Entities to whom we “sell” information are third parties. Under the CCPA, a business “sells” personal information when it discloses it to a company for monetary or another benefit. A company may be considered a third party either because the purpose for its sharing of personal information is not for an enumerated business purpose under California law, or because its contract does not restrict it from using personal information for other purposes. We collect this personal information from the sources described in the Information We Collect section above for the purposes described in the How We Use Your Information section above:

We do not collect your social security number or information about your physiological, biological, or behavioral characteristics. Personal information may be disclosed in additional, more limited circumstances, as described in How We Share Your Information above.

You represent and warrant that:

We process “Personal Data,” as that term is defined in the EU General Data Protection Regulation, on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; and (3) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedom related to data privacy. Information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities, as described above. Users that reside in the European Economic Area (“EEA”), U.K., or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here. If you are a resident of the EEA, U.K., or Switzerland, you have certain rights. We may require you to provide us with information so that we can verify you prior to giving you access to any records containing information about you. These rights include the ability to do the following:

To submit a request to exercise your rights, please contact us at legal@wrkout.com. We may have a reason under the law why we do not have to comply with your request or may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You also have the right to request in certain circumstances that we delete personal information that we have collected directly from you. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

If you have an account with us, by visiting the Privacy Page in the WRKOUT App. By logging in to your account to submit the request, you will be able to automatically verify your identity, which will result in faster processing of your request.

By filling out a Consumer Data Request Form available here.
By calling us at 604-629-6299.
By emailing us at legal@wrkout.com.

You may authorize another individual or a business registered with the California Secretary of State, Canadian Security Intelligence Service, or European Parliament, called an authorized agent, to make requests on your behalf through these means.

In order to process your request to know/access or delete the personal information we collect, disclose, or sell, we must verify your request. We verify your identity by asking you to provide personal identifiers we can match against information we may have collected from you previously and confirm your request using the email or telephone account stated in the request. We will not use the personal information we collect in connection with verifying or responding to your request for any purpose other than responding to your request.

When you apply for a job with WRKOUT, we collect certain information about you as outlined in this Policy. Information may be collected about you in multiple ways:

The following list describes our practices with regard to information submitted in the job application process. If you use our website in the job application process, additional information may be automatically collected, as described above.WRKOUT will never sell any of Your information to third parties. This information is for internal use only.

In certain circumstances, you may submit your application for employment through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to legal@wrkout.com or send a request via post to:

WRKOUT Media Ltd.2080 W 10th Avenue, Vancouver, BC V6J 2B3
Phone: 1-604-629-6299
Email: info@wrkout.com

Last updated: May 18, 2022