TERMS OF USE FOR THE MOBILITY RECIPE PROGRAMS & SERVICES
Please read these Terms of Use carefully before purchasing, accessing, or using any programs, products, certifications, subscriptions, services, memberships, coaching, or materials offered by The Mobility Recipe.
By purchasing, accessing, downloading, participating in, or using any Program, Product, certification, subscription, membership, coaching service, digital content, or other offering provided by The Mobility Recipe, Pain Solution Programs, or R&H Consulting LLC (collectively referred to as "Company," "we," "our," or "us"), you agree to be legally bound by these Terms of Use.
If you do not agree with these Terms, you should not purchase, access, or use our Programs or Products.
1. Eligibility
Our Programs and Products are intended solely for individuals who are eighteen (18) years of age or older.
By purchasing or accessing our Programs or Products, you represent and warrant that you are at least eighteen years of age and have the legal authority to enter into this agreement.
2. Acceptance of Terms
By accessing, purchasing, enrolling in, downloading, or using any Program or Product, you agree to these Terms of Use, our Privacy Policy, and any additional terms disclosed at the time of purchase.
Your continued use of any Program or Product constitutes acceptance of any modifications or updates to these Terms.
3. Licensing and Permitted Use
All Programs, Products, certifications, educational materials, marketing assets, downloads, videos, guides, templates, documents, and related materials are licensed, not sold.
Purchasers receive a limited, revocable, non-exclusive, non-transferable license to use the purchased materials solely within their own business in accordance with these Terms.
Unless otherwise stated in writing, all licenses are limited to a single physical business location.
4. Single Location License
Programs, certifications, and associated materials are licensed for use at one physical business location only.
A separate license must be purchased for each additional location, franchise, or business entity.
Sharing, distributing, implementing, or utilizing Program materials across multiple locations without appropriate licensing is strictly prohibited.
5. Legacy Purchases
Purchases made prior to the implementation of annual licensing, certification renewal, or video licensing requirements shall remain governed by the terms and conditions in effect at the time of the original purchase.
Nothing contained herein shall retroactively alter previously granted usage rights.
6. Certifications
Certain Programs may include a certification upon successful completion of required coursework, examinations, or assessments.
Certification status may be designated as Certified, Current, or Active depending upon the Program.
The Company reserves the right to establish renewal requirements, continuing education requirements, maintenance fees, or annual renewal requirements for certifications.
Failure to maintain applicable renewal requirements may result in:
• Expiration of certification status
• Loss of active certification status
• Removal from professional directories
• Loss of access to course materials
• Termination of associated licensing rights
Renewal requirements, if applicable, shall be disclosed at the time of purchase.
7. Course Access
Access to digital courses, certifications, resources, downloads, and educational materials may be granted for a specified period of time.
Unless otherwise stated, course access periods, expiration dates, and renewal requirements will be disclosed at the time of purchase.
The Company reserves the right to discontinue access to expired programs, memberships, subscriptions, or certifications.
8. Video Licensing
Certain Programs include follow-along exercise videos, streaming content, downloadable video content, embedded video links, or video libraries.
Video content is licensed and not sold.
A video license grants the purchaser a limited, non-transferable right to utilize the licensed videos within their authorized business location.
Video licenses do not convey ownership of:
• Certifications
• Coach guides
• Client guides
• Marketing materials
• Educational content
• Program materials
• Intellectual property rights
Video licenses may be subject to annual renewal requirements.
Failure to maintain required video licensing may result in termination of access or usage rights.
Video content may not be:
• Shared with other businesses
• Distributed outside the licensed location
• Downloaded for redistribution
• Sold or sublicensed
• Publicly posted or redistributed
• Used by unaffiliated businesses or professionals
9. Coaching Memberships and Subscriptions
The Company may offer memberships, subscriptions, coaching programs, or recurring services.
Membership benefits may include:
• Coaching calls
• Program access
• Certifications
• Licensing rights
• Educational resources
• Business coaching
• Community access
Benefits remain active only while the applicable membership remains in good standing.
Cancellation of a membership may result in loss of access to associated benefits, certifications, licenses, or materials.
10. Intellectual Property
All Programs, Products, videos, documents, guides, downloads, templates, marketing materials, presentations, graphics, logos, trademarks, educational content, and proprietary systems are the exclusive property of The Mobility Recipe, R&H Consulting LLC, or their licensors.
Nothing contained within any Program or Product transfers ownership of intellectual property rights to the purchaser.
The purchaser receives only the limited license expressly granted by these Terms.
11. Prohibited Uses
You agree that you will not:
• Share login credentials.
• Duplicate or redistribute Program materials.
• Sell or transfer materials to third parties.
• Rebrand or repurpose materials for resale.
• Share content with other business owners.
• Use materials outside the licensed location.
• Copy videos, downloads, or educational materials.
• Remove copyright notices.
• Claim ownership of Company materials.
• Use Company trademarks without written permission.
Any unauthorized use constitutes a violation of these Terms and may result in immediate termination of access, revocation of licenses, and legal action.
12. Reservation of Rights
All rights not expressly granted to the purchaser are reserved by The Mobility Recipe.
The Company reserves the right to suspend, revoke, terminate, or restrict access to any Program, Product, certification, subscription, or license for violations of these Terms.
13. Educational Purposes Only
All Programs, Products, certifications, courses, coaching, educational materials, videos, downloads, templates, guides, and related content are provided solely for educational and informational purposes.
Nothing contained within our Programs or Products constitutes medical advice, healthcare services, diagnosis, treatment, legal advice, financial advice, or professional counseling.
Users are solely responsible for how they interpret and apply any information provided.
14. Assumption of Risk
Participation in fitness, mobility, exercise, corrective exercise, stretching, strengthening, wellness, or educational activities involves inherent risks.
By using our Programs or Products, you voluntarily assume all risks associated with participation, including but not limited to:
• Physical injury
• Muscle soreness
• Joint pain
• Falls or accidents
• Aggravation of existing conditions
• Temporary or permanent injury
• Disability
• Illness
• Death
You acknowledge that participation is voluntary and undertaken entirely at your own risk.
You further acknowledge that you are solely responsible for determining whether participation is appropriate for yourself or your clients.
15. Medical Disclaimer
Our Programs and Products are not medical services.
The Company, its owners, employees, contractors, instructors, and representatives do not diagnose, treat, cure, prevent, or manage medical conditions.
The information provided is not intended to replace medical advice, diagnosis, or treatment from a physician or other qualified healthcare provider.
Users should consult appropriate medical professionals regarding any medical concerns, injuries, conditions, or symptoms.
Do not disregard professional medical advice or delay seeking treatment because of information contained within our Programs or Products.
The Company assumes no responsibility for any decisions made based upon the information provided.
16. Client Responsibility
Fitness professionals, coaches, trainers, therapists, gym owners, and other users remain solely responsible for:
• Client screening
• Exercise selection
• Program implementation
• Exercise supervision
• Safety procedures
• Professional judgment
• Scope of practice compliance
• Referral decisions
• Client outcomes
The Company does not supervise client interactions and assumes no responsibility for services provided by purchasers to their own clients or members.
17. No Guarantees
The Company makes no guarantees regarding:
• Business growth
• Revenue generation
• Client retention
• Client outcomes
• Pain reduction
• Improved mobility
• Certification success
• Professional success
• Financial results
• Health improvements
Results vary significantly among individuals, businesses, clients, and circumstances.
Any examples, testimonials, success stories, case studies, or income examples are provided for illustrative purposes only and do not guarantee similar results.
18. Earnings Disclaimer
Any references to revenue, profits, income, business growth, client numbers, program enrollment, or financial performance are examples only.
The Company makes no representation, warranty, or guarantee regarding financial outcomes or business success.
Individual results depend upon numerous factors including effort, experience, business conditions, implementation, market conditions, and professional skills.
Users assume all risks associated with business decisions made as a result of information provided.
19. Technology Disclaimer
The Company does not guarantee uninterrupted access to any Program, Product, website, platform, video, download, membership portal, software, application, or third-party service.
Access may occasionally be interrupted due to:
• Internet outages
• Platform failures
• Maintenance
• Software updates
• Server issues
• Third-party provider interruptions
• Security incidents
• Technical errors
The Company shall not be liable for temporary interruptions, delays, or loss of access.
20. Third-Party Services
Programs and Products may utilize third-party services including payment processors, learning platforms, video hosting providers, communication platforms, software applications, social media platforms, or other vendors.
The Company is not responsible for:
• Third-party platform outages
• Data breaches by third parties
• Service interruptions
• Software defects
• Third-party policies
• Actions or omissions of third-party providers
Users agree to comply with the terms and conditions of any third-party services utilized.
21. Errors and Omissions
The Company makes every effort to provide accurate and current information.
However, the fields of health, exercise science, corrective exercise, rehabilitation, business, and technology continually evolve.
The Company does not warrant the completeness, accuracy, reliability, or suitability of any information provided.
Users accept responsibility for independently evaluating information before implementation.
22. Limitation of Liability
To the fullest extent permitted by law, the Company, its owners, officers, employees, contractors, instructors, affiliates, successors, and assigns shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from:
• Use of any Program or Product
• Participation in any exercise activity
• Business decisions
• Loss of profits
• Loss of revenue
• Loss of clients
• Loss of business opportunities
• Personal injury
• Property damage
• Emotional distress
• Data loss
• Service interruptions
• Technical failures
The maximum liability of the Company for any claim shall not exceed the amount actually paid by the purchaser for the applicable Program or Product.
23. Indemnification
You agree to defend, indemnify, and hold harmless The Mobility Recipe, R&H Consulting LLC, Pain Solution Programs, and their owners, employees, contractors, affiliates, successors, and representatives from any claims, damages, liabilities, costs, expenses, or attorney fees arising from:
• Your use of the Programs or Products
• Your business operations
• Services you provide to clients
• Your violation of these Terms
• Your misuse of Company materials
• Claims made by your clients, members, or customers
This indemnification obligation survives termination of these Terms.
24. Release of Claims
You knowingly and voluntarily release and forever discharge The Mobility Recipe, R&H Consulting LLC, Pain Solution Programs, and their owners, employees, contractors, instructors, and representatives from any and all claims, demands, damages, causes of action, liabilities, or losses arising from your use of the Programs or Products.
This release includes both known and unknown claims and survives termination of these Terms.
25. Purchases and Payment Authorization
By purchasing any Program, Product, certification, membership, subscription, license, or service, you authorize The Mobility Recipe and its payment processors to charge your selected payment method for all applicable charges.
You agree to provide accurate and complete billing information and to promptly update any changes to your payment information.
The Company reserves the right to refuse or cancel any purchase at its sole discretion.
26. Recurring Charges and Renewals
Certain Programs, certifications, memberships, subscriptions, licensing agreements, or services may include recurring fees, renewal charges, or subscription payments.
By purchasing any offering that includes recurring billing, you authorize the Company to charge the payment method provided for future renewal or subscription payments in accordance with the terms disclosed at the time of purchase.
Renewal pricing, renewal dates, and cancellation procedures shall be disclosed during the purchase process.
Failure to maintain current payment information may result in suspension or termination of access, certification status, licensing rights, or membership benefits.
27. Refund Policy
Due to the digital nature of our Programs, Products, certifications, licensing materials, educational resources, videos, downloads, templates, guides, marketing materials, and proprietary content, all purchases are final and non-refundable.
Upon purchase, users receive immediate access to digital materials that cannot be returned.
Refunds will not be issued for, including but not limited to:
• Change of mind
• Failure to complete a Program or Product
• Lack of participation or use
• Scheduling conflicts
• Business or financial circumstances
• Failure to achieve desired results
• Failure to implement the materials
• Changes in business direction or priorities
• Failure to maintain certifications or licenses
Duplicate purchases, billing errors, or verified technical issues that prevent initial access may be reviewed on a case-by-case basis at the sole discretion of the Company.
Annual renewals, subscriptions, membership fees, and licensing fees are non-refundable once processed.
By purchasing and receiving access to digital content, you expressly waive any right to cancel, dispute, or seek a refund except as otherwise required by applicable law.
The Company reserves the right to grant exceptions to this policy at its sole discretion.
28. Chargebacks
The Company maintains a strict policy regarding chargebacks.
By completing a purchase, you agree to contact the Company directly regarding any billing concerns before initiating a chargeback or payment dispute.
Initiating a chargeback after receiving access to digital materials may constitute a violation of these Terms.
The Company reserves the right to:
• Suspend or terminate access to all Programs and Products
• Revoke certifications and licenses
• Deny future purchases
• Pursue collection efforts
• Recover attorney fees, costs, and damages as permitted by law
29. Termination
The Company reserves the right to suspend, restrict, or terminate access to any Program, Product, certification, membership, subscription, or license at any time for violations of these Terms.
Termination may occur without refund.
Users may voluntarily discontinue use of any Program or Product at any time; however, all payment obligations remain enforceable.
The provisions relating to intellectual property, indemnification, limitations of liability, dispute resolution, and confidentiality shall survive termination.
30. Privacy
Use of our Programs and Products is also governed by our Privacy Policy.
By purchasing or using our Programs and Products, you consent to the collection, storage, and use of information in accordance with our Privacy Policy.
The Company utilizes reasonable efforts to protect personal information but cannot guarantee absolute security.
31. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles.
Any disputes shall be governed exclusively by Colorado law.
32. Dispute Resolution and Arbitration
The parties agree to first attempt to resolve any dispute through good-faith negotiations.
If a dispute cannot be resolved within thirty (30) days, the parties agree that any claim arising from these Terms or the use of any Program or Product shall be resolved exclusively through binding arbitration.
Arbitration shall:
• Be conducted in Jefferson County, Colorado.
• Be administered by a mutually agreed arbitrator.
• Be conducted on an individual basis only.
• Not permit class actions or class arbitration.
The maximum monetary damages available to any purchaser shall not exceed the amount actually paid for the applicable Program or Product.
Neither party shall be entitled to consequential, incidental, punitive, special, or exemplary damages.
The prevailing party shall be entitled to reasonable attorney fees and costs.
33. Non-Disparagement
The parties agree to communicate professionally and in good faith regarding disputes or concerns.
Nothing in this provision prohibits truthful statements, legal testimony, or communications protected by law.
However, users agree to first provide the Company an opportunity to address concerns directly before publicly publishing accusations, claims, or disputes.
34. Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
35. Entire Agreement
These Terms of Use, together with the Privacy Policy and any terms disclosed at the time of purchase, constitute the entire agreement between the parties.
No oral statements, representations, promises, or prior agreements shall modify these Terms unless made in writing by the Company.
36. Contact Information
The Mobility Recipe
R&H Consulting LLC
Colorado, USA
Email: ruston@themobilityrecipe.com
Questions regarding these Terms may be submitted to the Company using the contact information above.
By purchasing, accessing, downloading, enrolling in, or using any Program, Product, certification, membership, subscription, coaching service, video library, license, or educational material offered by The Mobility Recipe, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use.