MollyParkerPT Policies

Effective date: June 2024

PROGRAM TERMS OF USE

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the monthly membership outlined below (hereinafter “Client”) agree and willingly purchase entry into this program, to be provided with services rendered by MollyParkerPT "A Washington Corporation" a (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, including the automatic renewal terms and the following terms and conditions herein:

For good and valuable consideration of monthly recurring payment of thirty-seven U.S. dollars ($37) monthly Client is electing to purchase access a monthly recurring Program for additional support and educations (hereinafter collectively “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Addendum attached hereto.

Program Outline:

Client agrees and understands that he/she is purchasing a monthly subscription to the Program, to allow Client to continue his/her education, training, and support with the material.

Client acknowledges that he/she has read the Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Program as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.

Program is not to be considered a substitute for medical treatment, nor will Coach provide any sort of therapy, medical treatments, medications, or other services that are completed by a medical professional. Program is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Program is not right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Coach to provide any services other than that outlined below in the Program Outline Addendum.

Confidentiality

Following Client’s access to Program, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, and/or other information that may have become available for use through Client’s participation in the Program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Coach’s Program. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise.

Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Program, Client understands additional action may be taken by Coach up to and including legal action.

Testimonials

Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another Program created by Coach. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial.
If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.

Payment and Payment Plans

Client understands the cost of monthly subscription to education, support, and material for thirty-seven U.S. dollars ($37) payable each month, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Coach’s website or a designated third-party payment processor of Coach’s choosing, in full.
Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) Client’s access to Program may be forfeited if payment is not made within 7 days of the date it is due, and (2) Client will owe a $0 late fee if he/she has not made the appropriate payment after the 7 day grace period.
Coach reserves the right to cancel Client’s access to Program should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Coach for access to Program.

Auto-Renewal Agreement

HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to [email protected] with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership or manually in membership. Client will be notified upon Coach’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away.
As outlined above, if Client cancels his or her membership less than 24 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancelation will take effect following this. Should this occur, Client will have access to Program for the month in which Client paid, with membership terminating at the end of the last paid month.

Client understands and agrees that following access to Program requires recurring monthly payments of $37, that will be made by Client on the same date of each month in which Client made his/her initial purchase. By purchasing access to Program, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each month via the same card or manner in which the initial payment was made, for the following month of membership to Program. This process will repeat each month unless and until Client properly cancels his or her membership.
CANCELATION POLICY: If Client wishes to cancel his or her membership, Client must do so more than 24 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 24 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.

If Client purchased access to Program during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount of $37 following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, other than the email as outlined above, notifying Client that his or her card will be charged in the near future for the following month.

By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.

Refund Policy

Coach is not able to offer refunds once Client has purchased access to the Program. If Client is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months.
Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.

Technology

Coach is not responsible for any specific technology you may need in order to adequately view and utilize Program. Client’s inability to access Program due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy in paragraph five (5).

Medical Disclaimer – Not Medical or Professional Advice

Program and content contained within the Program is not to be considered medical treatment or advice, and nothing within the Program is intended to provide or act as a substitute for medical treatment. Client understands concussions are serious medical conditions which must be promptly and thoroughly addressed by a medical professional with the appropriate expertise. Client confirms he/she is not enrolling in Program as a substitute for medical treatment or an evaluation by a local medical professional. There are no therapy, treatment, or medical-based elements to Program, and it is not meant for those who are in need of (or think they may be in need of) medical services. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a medical professional in his/her geographical area.

Coach encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

Voluntary Participation

Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in her services and that Program is able to help many people, Client acknowledges and agrees that MollyParkerPT is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein.

Disclaimer /No Guarantees

While many of Coach’s past and current clients have experienced wonderful benefits from the content contained in Program, Coach cannot guarantee results from any of the content on Program, and cannot make any representations or guarantees regarding individual results. Client will hold MollyParkerPT harmless if he or she does not experience the desired results.
Client understands that all services provided by MollyParkerPT in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Program, as long as Coach delivers the Program as described in the Addendum below. Client agrees to hold MollyParkerPT harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for.

Intellectual Property

Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any Program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to use the information provided as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:

Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by Coach as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

Indemnification

Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.

Dispute Resolution

Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in [your state] within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

Applicable Law

This Agreement shall be governed by and under control of the laws of [your state] regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of [your state] are to be applicable here.

Amendments

This agreement may be altered, amended, changed, extended, or updated depending on current laws, structure of Program, or Coach’s business. Client’s continued use of the Program constitutes an agreement to the most updated version of this Agreement.

PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing a monthly subscription to Program. While the below is subject to change, at the time of purchase, Program includes access to the following:

Challenges to be conducted in various lengths. Implementation weeks may be present
Online Community

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