INTRODUCTION

The MFR Coach’s Group Coaching Program (“Program”) is offered by Restoration Myofascial Release/The MFR Coach, LLC (“Company”).  Program consists of the services, products, materials, content, courses, coaching, meetings, communication, and any other items Company is providing you, specific to your purchase, as a result of your purchase. By purchasing Program, you as the purchaser of Program and participant in Program are agreeing to the following Terms of Use, which constitute a legally binding agreement between you and Company.

AGE AND ACCESS

You agree that you are 18 years of age or older. You acknowledge and understand that any information such as, but not limited to, usernames and passwords, that grant you access to Program, are unique to you. Sharing your Program log-in information will result in automatic termination from Program.

TERM

Access to the course material starts immediately and ends on July 13, 2023. Live coaching begins on April 25, 2023 and concludes on June 29, 2023 (“Term”).

PROGRAM AND PROGRAM DELIVERY

The MFR Coach’s Group Coaching Program consists of an online course accessed via Ontraport. There are downloadable materials such as workbooks, PDF’s, E-books, Podcasts, Videos, templates, photography, and other teaching materials.

The program also includes ten weeks of weekly live coaching calls held via Zoom. These calls are held on Tuesdays and Thursdays at 11am Central unless otherwise communicated. Calls last a minimum of 60 minutes but may run longer.

Calls are recorded and uploaded to Ontraport, Facebook Group, Private Podcast.

Access to the course program is granted for the term of the group.

Continued access to live recordings is granted for the lifetime of the private Facebook group.

Items found within the course include:

Program consists of 10 weeks of Group Coaching Program to teach participants how to create the foundation for a 6-figure MFR Business. During the Term, Company will provide ten weeks of weekly Zoom meetings, held on Tuesdays and Thursdays at 11am Central (unless otherwise communicated) for the duration of one hour min. per meeting.

Company will also provide you access to digital materials for your personal use (“Program materials”). Access to these materials will be emailed to you at the start of the Program.

If Company needs to change the date or time of a weekly Zoom meeting, Company will let you and other Program participants know as soon as possible.

Coach reserves the right to take up to 6 weeks of vacation per year. During this time the coach will not be available for live or Facebook coaching. The coach will provide a co-coach who is certified by The Life Coach School to complete both live calls and Facebook page coaching.

During the Term, Company will be available to you via Private Facebook Group, Monday through Friday, 9 am to 4 pm, and will respond to your questions during that period of availability within 24 hours, barring Company’s inability to respond to you within that time period, in which case Company will make every effort to inform you why Company is unable to respond within 24 hours.

You will also have access to Company’s designated Facebook group, specifically for Program participants, for the duration of the Term. Company will participate in the Facebook group where feasible, Monday through Friday, during the hours of 9 am to 4 pm.

FEES

The total fee for Program is $5000.

PAYMENT TERMS 

You will pay for Program via STRIPE. Payment is processed by third party payment processors governed by their own Terms of Use, and your personal information is processed in accordance with our Company Privacy Policy.

You understand and agree you will not be enrolled in Program, nor have access to any Program materials, until Company has received your payment in full.

REFUND POLICY

Program is offered to you as is. No refunds will be issued for any reason.

CHARGEBACKS

You agree that you shall not initiate any chargebacks via your payment provider. Any payments that are not refundable as outlined in these Terms and Conditions are final and may not be charged back. You are responsible for any fees associated with recouping payment and any associated collection fees.

RELATIONSHIP OF PARTIES

You agree that your participation in Program does not create a partnership, joint venture, agency or employment relationship with Company.

INTELLECTUAL PROPERTY

You agree that any Program materials and all content provided to you by Company is provided for your personal, informational, non-commercial use only. Content is owned by Company and protected by all applicable copyright and trademark laws. Any content, collectively hereafter “Content,” includes all:

Company grants you a limited, revocable, non-transferable license to access Content and print and download Content where expressly allowed by Company, for your personal, non-commercial use.

You are not permitted to duplicate, reproduce, sublicense, share, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works of or alter Content in any way.

CONFIDENTIALITY/NON-DISCLOSURE

During the Term of Program confidential information may be exchanged. You agree to hold this information in the strictest confidence and safeguard it from disclosure and misuse to the fullest extent possible.

Confidential information includes (i) all information disclosed between you and Company reasonably considered to be confidential and proprietary, and all information disclosed between you and other Program participants, reasonably considered to be confidential and proprietary regardless of whether Company has labeled the information as confidential, given the circumstances surrounding the disclosure of the information and (ii) all information labeled or indicated to be confidential by one party to the other party to be confidential, provided that the information was not public at the time of disclosure, (collectively, “Confidential Information”).

You agree not to make use of any Confidential Information unless and until you or Company is required to disclose pursuant to a governmental order. If you or Company is required by law to disclose Confidential Information, the party required to disclose the Confidential Information must provide written notice to the other party of the disclosure as soon as is reasonably possible.

You agree that should you breach this Agreement by disclosing Confidential Information outside of the specific circumstances expressly outlined in this Agreement, or should Company learn of your intent to breach this Agreement by disclosing Confidential Information, Company is entitled to injunctive relief against you to prohibit said disclosure and limit and protect Company from any harm due to the disclosure.

PROGRAM AND WEBSITE INTERRUPTIONS

Company cannot guarantee that our website, and the Program materials available on and through Company’s website, will be available at all times. Company may experience technical problems, or Company’s website may be temporarily down for maintenance purposes, that may result in your inability to use Company’s website. You agree that we are not liable or responsible for any damages stemming from your inability to access our website.

TESTIMONIAL RELEASE

You agree that Company may use a testimonial about Program provided by you for any purpose, even commercial. You agree that your testimonial may be used in Company’s website, marketing materials, social media platforms or any other platform owned by Company you’re your written request, Company will anonymize your testimonial by excluding your personal information.

DISCLAIMER

Program is not business, financial, legal, medical, health or other professional advice. You agree that your participation in Program is not a substitute for consultation with and/or treatment by an appropriate professional. All information offered through Program, Program materials, and Content is for informational purposes only and should be used at your own risk.

Program, Program materials, and Content are not business, financial, or legal advice, and should not be construed or relied on as such. The information provided in Program, Program materials, and Content is intended only for informational purposes. It is not a substitute for consultation with a relevant professional. You are advised to consult with a relevant professional if you have any questions. By purchasing Program and/or using Program materials and Content, you acknowledge and agree you are solely responsible for your results.

You understand and agree that Company does not make any representations or guarantees as to any possible income, business growth, sales, additional clients, or any other earnings or growth benefits that may be derived directly or indirectly from your participation in Program. You agree that Company is not liable for the results of any decisions you make as a result of your participation in Program or from the Program materials and/ or Content provided by Company.

You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, Program, Program Materials, Content, or any other forum, are the experiences of one participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.

Medical Disclaimer

Information given by Company in Program, whether through Program materials, Content, during live calls, or at any other time during Program, is not medical advice. It is not intended to diagnose, treat or prevent disease. Any information provided by Company is not intended to be a substitute for medical advice, and Company encourages you to use any information provided by Company only in consultation with a medical professional. Any supplements, treatment plans, services, nutrition suggestions or lifestyle changes, or any other information recommended by Company is not medical advice, should not be considered medical advice, and is not a substitute for consultation with an appropriate medical professional.

Company makes no representations as to any physical, emotional, or mental health benefits that may be derived from your participation in Program. We are not responsible or liable for any of your health decisions directly or indirectly related to the information provided in Program, nor are we responsible for any damages from the use or misuse of information provided in Program. You are solely responsible for any decisions you make from the information provided in our Program.

You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, or any other forum are the experiences of one Program participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.

WARRANTY

Except as where otherwise indicated herein, Program and Content provided by Company are “as is.” Company makes no representations or warranties of any kind, express or implied, as to the Program, Program materials or Content. You understand and agree that all individuals are different, and Company makes no guarantees or warranties regarding any results you may or may not experience from participation in Program and/or the use of Program materials and Content provided. Company disclaims all warranties to the fullest extent permitted by law.

NO TRANSFER OR ASSIGNMENT

You cannot transfer your position as a participant in Program without prior written approval from Company. If you are purchasing Program for someone else, you must contact Company at heather@themfrcoach.com as the person you are purchasing Program for must agree to these Terms of Use before beginning the Program and/or receiving any Program materials.

MODIFICATION

You agree that Company may modify these Terms of Use at any time. If Company modifies these Terms of Use, Company will notify you of these modifications in writing as soon as is reasonably possible.

TERMINATION AND CANCELLATION

Due to the nature of Program, cancellations are not permitted. If for some reason you are unable to complete Program, unfortunately, Company is unable to refund any Fees. You understand and agree that you are responsible for all Fees for the entire Program regardless of your ability to participate.

Company Cancellation of Your Access to Program Due to Breach

Company endeavors to provide you with a positive experience through Program. However, by purchasing Program, you agree that Company, at its sole discretion, may terminate your participation in Program and access to any and all Program materials without refund of any money paid by you if you:

You agree that should Company terminate your participation in Program due to any of the above conditions, you are still liable to Company and responsible for the remainder of Fees.

Company Cancellation of Program

Under extraordinary circumstances, Company may have to postpone Program. If Company has to postpone Program, Company will provide you with as much advance written notice as possible. If Company does have to postpone Program, you will automatically be enrolled in Program’s rescheduled date; no refunds will be permitted.

LIMITATION OF LIABILITY

BY PARTICIPATING IN PROGRAM AND USING PROGRAM MATERIALS AND CONTENT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS DERIVED FROM SAID PARTICIPATION AND USE. YOU ASSUME ANY AND ALL RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY IS NOT LIABLE AND DOES NOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM YOUR PURCHASE OF OR PARTICIPATION IN PROGRAM, OR YOUR USE OF PROGRAM MATERIALS AND/OR CONTENT. HOWEVER, IF COMPANY IS FOUND LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY IN THE AGGREGATE OF COMPANY AND COMPANY’S AGENTS TO YOU FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THIS PROGRAM OR AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL COMPENSATION PAID BY YOU TO COMPANY.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and any parties working for or associated with Company (including, but not limited to, employees, agents, contractors, subsidiaries, partners, affiliates, successors, assigns; collectively, “Company’s Affiliates”),  from any and all actions, claims, damages, fees and expenses, including attorney’s fees, in law and equity, arising out of your purchase of Program, delivery of Program, your participation in Program, your use of Program materials, your use of Content, or your use of any other information provided in any form by Company or Company’s Affiliates, excluding any liabilities resulting from the gross negligence or willful misconduct of Company. You agree that neither Company nor Company’s Affiliates are personally liable for any representations or actions of Company or Company’s Affiliates.

GOVERNING LAW/DISPUTE RESOLUTION

In the event of a dispute between you and Company that cannot be resolved amicably, you agree to binding arbitration in Minnesota in USA. If for any reason any dispute is not resolved in arbitration, the dispute will be litigated in the courts of Minnesota of The USA.

FORCE MAJEURE

Company will not be liable for failure or delay in the delivery of Program for the period that said failure or delay is beyond Company’s reasonable control, materially affects the ability of Company to deliver all or any part of Program in any way and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to fire, flood, pandemic, hurricane, acts of God, and acts of governmental action prohibiting or impeding Company’s ability to deliver any aspect of Program.

SEVERABILITY

If any portion of these Terms of Use is deemed to be void or unenforceable, that portion is severable from the Terms of Use and does not impact the enforceability of the remainder of these Terms of Use.

ENTIRE AGREEMENT

These Terms of Use and any policies given to you as part of your participation in Program constitute the entire agreement between you and Company with respect to Program. These Terms of Use supersede any prior communications or agreements between you and Company.