THE MFR COACH’S LEGAL TOOLKIT: TERMS OF USE



I. INTRODUCTION

The MFR Coach’s Legal Toolkit (“Toolkit”) is offered by Restoration Myofascial Release/The MFR Coach, LLC (“Company”). Toolkit consists of the documents, materials, videos and any other items Company is providing you, specific to your purchase, as a result of your purchase. By purchasing Toolkit, you as the purchaser of Toolkit and participant in Toolkit are agreeing to the following Terms of Use (“Agreement”), which constitute a legally binding agreement between you and Company.

II. AGE AND ACCESS

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

III. TERM

Access to Toolkit starts immediately upon your successful purchase of Toolkit or, if paying in installments, the successful payment of your first installment. You will have access to Toolkit for the lifetime of the Toolkit.

IV. TOOLKIT DELIVERY

Toolkit consists of downloadable materials such as contracts, policies, instructional videos, and other teaching materials (collectively, “Toolkit Materials”). Access to Toolkit will be via Kajabi, or another reasonably comparable platform of Company’s choosing. You will receive log-in details via email once you successfully complete your purchase.


V. FEES

You have several options for purchasing Toolkit. If you would like to solely purchase the policies your website needs, the fee is $199. If you already have lawyer-drafted website policies on your website and would just like to purchase the contracts in the Toolkit, the fee is $499.

VII. PAYMENT TERMS

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

Payment in Full

If you pay for Toolkit in full, you understand and agree you will not be enrolled in Toolkit, nor have access to any Toolkit materials, until Company has received satisfactory payment in full.


VIII. NO REFUND POLICY

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

IX. NO 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.

X. RELATIONSHIP OF PARTIES

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

XI. INTELLECTUAL PROPERTY

You agree that any Toolkit materials and all content provided to you by Company is provided for your personal, informational use only. Your permissible commercial use of Toolkit and Toolkit materials is strictly limited to use in connection with the operation of your own business. This means that you are permitted to use the Toolkit website policies on your MFR business’s website, and the contracts in your MFR business.

Toolkit is owned by Company and protected by all applicable copyright and trademark laws. This includes not only all digital downloads available in Toolkit, but also Company’s associated documents, photos, videos and other recordings, and graphics, as well as Company website and social media content featuring or describing Toolkit, including design, marks, photographs, client-only features, graphics, text, videos and all other media and source code.

Company grants you a limited, revocable, non-transferable license to access Toolkit and print and download Toolkit Materials where expressly allowed by Company, for your use in your MFR business exclusively.

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 Toolkit or Toolkit Materials in any way.

XIII. PROGRAM AND WEBSITE INTERRUPTIONS

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

XVI. TESTIMONIAL RELEASE

You agree that Company may use a testimonial about Toolkit provided by you for any purpose. 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.

XVII. DISCLAIMER

Toolkit is not business, financial, legal, medical, health or other professional advice and should not be construed or relied on as such. You agree that your purchase in Toolkit is not a substitute for consultation with an attorney. While Toolkit Materials have been drafted and prepared by an experienced attorney, that attorney does not know your business or your business’s circumstances, and you may need additional contracts, polices, or consultative legal advice. You understand and agree that no attorney-client relationship is formed through your purchase of Toolkit Materials.

All information offered through Toolkit and Toolkit Materials should be used at your own risk. You are advised to consult with a relevant professional if you have any questions. By purchasing Toolkit and/or using Toolkit Materials, 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 use of Toolkit. You agree that Company is not liable for the results of any decisions you make as a result of your purchase of Toolkit or from the Toolkit Materials.

You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, Toolkit, Toolkit 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.

XVIII. WARRANTY

Except as where otherwise indicated herein, Toolkit is provided by Company “as is.” Company makes no representations or warranties of any kind, express or implied, as to the Toolkit or Toolkit Materials. Company disclaims all warranties to the fullest extent permitted by law.

XIX. NO TRANSFER OR ASSIGNMENT

You cannot transfer your position as a participant in Toolkit without prior written approval from Company. If you are purchasing Toolkit for someone else, you must contact Company at heather@themfrcoach.com as the person you are purchasing Toolkit for must agree to these Terms of Use on behalf of themselves and their business accessing Toolkit.

XX. 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. You understand that Company has the right to modify the platform you will access Toolkit through at any time. If Company opts to switch platforms, you will be given as much advance notice as possible and an opportunity to create log-in details on the new platform as easily as possible.

XXI. TERMINATION AND CANCELLATION

Due to the nature of Toolkit, and the fact that Toolkit purchasers have access to Company intellectual property immediately upon purchase of Toolkit, we cannot accommodate requests for refunds if you decide to terminate. If you decide to terminate for whatever reason, you understand and agree Company will not refund any Fees. You also understand and agree that you are still responsible for all Fees due under this Agreement and any other outstanding balances, including late fees if applicable, regardless of when and whether you cancel. You understand and agree that if you are given the option of paying in installments and you opt to pay in installments, you are responsible for all installment payments due under this Agreement, even if you decide to terminate your access to Toolkit. Termination does not absolve you from your responsibility to pay all Fees due under this Agreement.

Company Cancellation of Your Access to Toolkit Due to Breach

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

Fail to pay the amount due even after Company’s assessment of late fees
You are derogatory, disparaging, defamatory, abusive, uncooperative and/or fail to follow Toolkit guidelines
Share your Toolkit log-in information with another person so they can access Toolkit and/or Toolkit materials
Any other behavior that violates this Agreement, at Company’s sole discretion.

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


XXII. LIMITATION OF LIABILITY

BY PURCHASING TOOLKIT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS DERIVED FROM SAID PURCHASE 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 OR USE OF TOOLKIT. 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 TOOLKIT OR THIS 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.

XXIII. 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 Toolkit, delivery of Toolkit, your use of Toolkit, 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.

XXIV. GOVERNING LAW/DISPUTE RESOLUTION

You agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Company (or any related third parties) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to Toolkit, the actions of Company or its agents, or any products or services sold or purchased through Toolkit, will be resolved in accordance with the following provisions:
Applicable Law
You agree that the laws of the State of Minnesota in the United States, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Company, except as otherwise stated in this Agreement.
Arbitration
You and Company agree that all disputes or claims that have arisen, or may arise, between you and Company (or any related third parties) that relate to or arise out of this or previous versions of this Agreement, your use of or access to Toolkit, the actions of Company or its agents, or any products or services sold, offered, or purchased through Toolkit, shall be resolved exclusively through final and binding arbitration, rather than in court. However, you understand and agree that this does not in any way limit Company’s ability to employ a debt collection agency and/or a lawyer to collect outstanding balances due under this Agreement.
The Federal Arbitration Act ("FAA"), and to the extent not inconsistent with the FAA, the laws of the State of Minnesota, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement.
The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules, and the AAA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. If a party intends to seek arbitration, that party must first send to the other party, by certified mail, a valid Notice of Dispute ("Notice").

If you are a resident of the United States, then the arbitration hearing shall be held in Houston County, Minnesota, or via online a licensed online dispute provider ( ODR). If you are not a resident of the United States, then the arbitration hearing will be held in Houston County, Minnesota, in the United States, via ODR, or another mutually agreed location. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

If for any reason, arbitration is not successful, you agree that any claim or dispute between you and Company will be resolved exclusively by a state or federal court located in Houston County, Minnesota. You agree to submit to the personal jurisdiction of the courts located within Houston County, Minnesota for the purpose of litigating all such claims, disputes, or matters.

XXV. FORCE MAJEURE

Company will not be liable for failure or delay in the delivery of Toolkit 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 Toolkit 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 Toolkit.

XXVI. 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.

XXVII. ENTIRE AGREEMENT

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

LAST UPDATED: December 21, 2024