Terms of Participation & Purchase
Last Updated 1/29/2023.
Thank you for your support and interest in Megan Wise PT PLLC. We are so thankful to have you as a part of our community!
Please review these Terms of Purchase very carefully. By purchasing our products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products and/or services.
General Purpose. These Terms are between you (“Purchaser,” “you,” “your”) and Megan Wise PT PLLC (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining digital products and/or services (our “Products”) whether through the Company’s website at www.thebroadwaypt.com or any related domains or subdomains (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”
Scope of Products. Our Products include but are not limited to: digital downloads, online courses, master classes, and workshops.
Product Delivery. When you make a purchase and submit your payment, you will be provided with the Products as detailed on the Website and/or as you selected prior to purchase. Please note that product delivery will differ based on when you make your purchase and if it is a digital or physical product. For more information, please refer to the product description and/or your receipt of purchase delivered by email. If the Product is listed as presale or pre-order, the order will be delivered as detailed on the Website. The Company will make all reasonable efforts to meet any estimated delivery dates. Should the Company be unable to meet estimated timelines for delivery of presale Products, the Company will have the sole discretion as to whether to issue a refund.
Disclaimer. You understand and agree that the content included in any of the Products is merely meant to be informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of the Products.
No Warranties + No Guarantees. We are providing the Products on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation. You understand and agree that purchasing the Products does not guarantee specific results, including financial or other business gains for you personally and/or for the business. The information included in the Products is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Products.
Payment + Billing. By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in USD.
Return Policy. Due to the nature of digital products being immediately accessible upon purchase, after you agree to these Terms, we do not allow for returns or refunds under any circumstances. In addition, no modifications to your purchase will be granted once your purchase is made. Thank you for understanding.
Subscriptions + Subscription Cancellations. When you purchase any Products on an ongoing subscription basis (for example: weekly, monthly, quarterly, or annually), you are authorizing the Company to process incurred and recurring Fees until the subscription is terminated and all outstanding fees have been paid in full. You must keep a valid Authorized Payment Method on file with the Company. Recurring payments are billed on the initial date of purchase on a prorated basis, then on the 30th day of the months that follow. If we are unable to successfully process a payment of the Fees using your Authorized Payment Method, we will make a final attempt to process payment 2 days later. If the final attempt is unsuccessful, we reserve the right to suspend or revoke your subscription until all current and outstanding Fees are paid. If outstanding Fees remain unpaid for 90 days following the suspension date, the Company reserves the right to refer your account to collections. The Purchaser has 30 days to notify the Company of any issues with recurring payments.
You are required to complete all payments for the subscription period you committed to at purchase. At the end of the subscription period, the subscription service will auto-renew on a monthly basis and may be cancelled at any time in writing. If any payment is returned unpaid or the payment method is rejected during the subscription period, the Company or its service providers reserve the right to collect any applicable fees as permitted by law. If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if you fail to make any 2 payments on time, the Company is permitted to cancel your participation in the program by providing written notice at the email address provided by you. Upon cancellation, you agree and promise to pay the Company a cancellation fee as damages equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the Agreement. The cancellation fee is due immediately, and the Company is authorized to use any credit card or bank account on file to collect such fee. The Company will have no further obligations to perform under these Terms following cancellation.
Chargebacks. By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.
Promotions + Discounts. We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer.
License for Use. By purchasing Products through our Website, you are agreeing to the Terms of Purchase and, in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Products by yourself only. Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing the Products, whether publicly or privately, is expressly prohibited. You may, however, copy or print instructional materials, information, and guides within the Products for personal use, provided that all original formatting, copyright and trademark notices, and branding remains intact. Your limited license allows you to use the Products and any associated materials for yourself only.
Intellectual Property. The Company owns and retains all rights, titles, and interests in and to the Products. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. Permission to alter or modify the Products in a way that is consistent with the Terms of Purchase does not grant you intellectual property ownership or the right to modify the Products beyond these conditions, and in no way expands the limited license provided upon purchase.
Consent to Use. By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.
Age Limitations. You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase. By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.
Changing Terms. We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.
Error in Store Presentation. We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.
Termination of Use. We may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.
Limitation of Liability. The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.
This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
Maximum Damages. Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.
Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Kings County, New York. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.
Choice of Law. These Terms and the Parties’ relationship are governed by the laws of the State of New York. In the event of conflicting laws, the laws of the State of New York will control.
Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Megan Wise PT PLLC, 554 5th Ave, 3rd Floor, NY, NY 10036. Notices provided by certified mail will be effective upon actual receipt of the notice.
Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.
Transfer + Assignment. You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.
Force Majeure. To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.
Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.
Online Group Wellness Course
The group wellness classes are offered remotely and in pre-recorded formats (“Online Group Wellness Course(s)”) via a remote technology platform (for example, Zoom or GoToMeeting). Remote technology platforms incorporate network and software security protocols to protect your confidentiality.
Consistent with privacy laws, our technology includes safeguards intended to secure and ensure the integrity of client information. We utilize technology that: (i) complies with the relevant safety laws, rules, regulations, and codes for technology and technical safety for devices that interact with clients; and (ii) offers sufficient quality, size, resolution, and clarity such that we believe we can safely and effectively provide the Online Group Wellness Course.
Although you are not receiving medical care from us, we work to comply with applicable state and federal laws, which may still require us to protect the confidentiality and privacy of certain personal information. We have implemented policies to ensure our compliance with these requirements.
We strive to explain the benefits, risks, and alternatives to you about the Online Group Wellness Course, including the follow.
Benefits: Technology platforms can facilitate high-quality Online Group Wellness Courses in a convenient and effective manner.
Risks: The risks may include, but are not limited to, the following: (i) information transmitted may not be sufficient (for example, poor resolution of images); (ii) technical deficiencies or failures; and (iii) your information could be interrupted, accessed, or intercepted.
Alternatives: You can always choose not to participate in the Online Group Wellness Course.
Policies for Online Group Wellness Course
Core Rules: Please: (i) modify the exercises as needed, (ii) rest when necessary, (iii) have something to hold onto or, if balance requires, modify the exercises to be done from a seated position. For safety and comfort, please exercise either in sneakers or barefoot.
Camera on Policy: For safety, we ask that you keep your web camera on during the live portions of the Online Group Wellness Course. However, if you plan to have your camera off, you must tell us before the Online Group Wellness Course begins.
Questions: If you have questions, please get our attention through video or by sending a message using the chat feature. Please ask questions whenever you have them. If you have questions concerning the pre-recorded elements, please send us an email or go through the online portal on the designated site.
Recording: Megan Wise PT PLLC may record Online Group Wellness Course(s), but we generally only record the instructor. Megan Wise PT PLLC respects the wishes of anyone who does not want to be put on social media. However, as a condition of participation in the Online Group Wellness Course, you warrant and guarantee that you will not record, capture, screenshot, or otherwise engage in any electronic motion picture or photographic acquisition of the Online Group Wellness Course. By signing this, you warrant that if those activities are recorded by anyone other than Megan Wise PT PLLC, you acknowledge and agree that Megan Wise PT PLLC has no control of such recording and hold Megan Wise PT PLLC harmless against any damages or claims arising out of such recording.
Online Group Wellness Course is not Physical Therapy
Although our principal is a licensed physical therapist, the Online Group Wellness Course is neither physical therapy nor any licensed service. This means that our work together during the Online Group Wellness Course does not create a provider-patient relationship between you and us. The Online Group Wellness Course, including related techniques, poses, postures, routines, and exercises, may not be appropriate for everyone. If you have concerns about a medical condition, please schedule an appointment with us or with another medical provider. The Online Group Wellness Course is not a substitute for medical advice.
Your Representations and Warranties
You represent and warrant that you: (i) understand that the Online Group Wellness Course has multiple other participants; (ii) understand your physical condition and capabilities; (iii) believe you are physically capable of safely participating in the Online Group Wellness Course; (iv) agree that it is your obligation to immediately discontinue further participation in the Online Group Wellness Course if you believe any condition to be unsafe; and (v) within the three months preceding the dates of completion of this form, you have had no injuries, including fractures, broken bones, or otherwise, and no injuries to your head, including concussion, headaches, or fainting spells. If you experience any of these injuries in the future, you will immediately cease your participation in the Online Group Wellness Course.
General Assumptions and Indemnification
If you feel unsafe or uncomfortable during the Online Group Wellness Course, you agree to immediately stop. You alone are responsible for doing what is necessary to make yourself feel safe and comfortable, including stopping if necessary. You understand that it is your obligation to inform Megan Wise PT PLLC if you do not feel able to continue with the Online Group Wellness Course. You are aware of the physical nature and possible risks of bodily injury including, permanent disability, paralysis, and death (“Risks”). You represent that you are physically capable of fully and safely participating in the Online Group Wellness Course.
We are not responsible for any injuries that you sustain from participating in or attending the Online Group Wellness Course. During the Online Group Wellness Course, we may suggest or demonstrate an exercise, stretch, or technique, but it is your sole responsibility to ascertain if such behavior is consistent with your ability and safe for you to perform.
You expressly waive any claim for any injury at any time related to your participation in or attendance at the Online Group Wellness Course against us. As a condition of participation in the Online Group Wellness Course, you agree to indemnify us against all claims, liabilities, losses, damages, suits, costs, and expenses, including reasonable attorney’s fees, relating to the Online Group Wellness Course. You further agree to assume all risk of property damage, injury, and death associated with the Online Group Wellness Course or your participation in the Online Group Wellness Course.
Payment and Cancellation Policy
We require payment at the time of your participation. The Online Group Wellness Course is not paid by insurance. Thus, your insurance will not cover or provide you reimbursement for any portion of the Course. Please remember
that you are solely responsible for all fees associated with the program.
Agreement and Informed Consent
Your signature below confirms your understanding of and agreement to the below statements:
→ Agreement to Terms: You have read and understand this entire document and agree to be bound by each and every part, have truthfully and to the best of your knowledge provided the information requested, and agree to update us of any
changes to your health.
→ Remote Technology: To participate in our Online Group Wellness Course, you may be required to agree to the remote technology systems’ terms and conditions of use and informed consent for the use of those technologies.
→ Informed Consent: You acknowledge and agree that you consent to participate in the Online Group Wellness Course.
Before you can participate in the option(s) you selected, you must acknowledge and agree that you: (i) understand that the Online Group Wellness Course is not a medical service, and is not intended to diagnose, cure, or treat any illness; (ii) assume all risk of participation in the Online Group Wellness Course; and (iii) will indemnify us for any
loss, damage, or injury incurred during the course of participating in the 1Online Group Wellness Course, to the extent permitted under the law.
As provided above, we have explained the Online Group Wellness Course to you, as well as the material risks, benefits, and alternatives. You, the undersigned, agree and acknowledge that (i) the Online Group Wellness Course may not have the results that you expect or desire; and (ii) you have not been given any guarantees about the outcome of the Online Group Wellness Course.
You have been offered ample time and opportunity to discuss your concerns, and all of your questions have been answered to your satisfaction. This document may be electronically signed through an online portal. Electronic signatures are the same as handwritten signatures for the purposes of validity.