MEMBER WAIVER AND TERMS OF PURCHASE

 

This agreement is between you, the individual user purchasing Services, as defined below, and MPR, LLC d/b/a MPR Med Exercise (together with its employees, owners, agents, and others acting on its behalf, “MPR Med Exercise”), collectively referred to as the Parties. For good and valuable consideration, the Parties agree as follows.

 

Definitions

 

“Services” shall mean any and all manner of goods and services offered to you by MPR, LLC, including the MPR Med Exercise Movement Prioritizing Recovery Program (the “Program”), or any other Released Party. These services, which may take the form of training, treatment, consulting, and other services, expressly including but not limited to: evaluations; rehabilitation; reconditioning; performance planning; performance training (e.g., strength and conditioning training, speed and quickness training, and plyometric training); recovery and regeneration training; sports nutrition consultation; supplement and nutrition provision; injury reduction and treatment; technical and tactical instruction; performance enhancement; and any consultation related to any item included in this list.

 

“Training” shall mean any act, omission, or other activity required of you or carried out by you in relation to the ''Services” This term shall not be limited, in any way, with respect to any location, site or facility at which any activities related to the "Services" takes place.

 

“Released Parties” shall mean MPR, LLC, DBA MPR Med Exercise, and all affiliates including, but not limited to, (Black Mountain Products, Inc), referred to herein as Black Mountain Products (BMP) and any and all of their respective partners, future partners (whether or not participating in the Services), members, managers, shareholders, officers, directors, agents, employees, insurers, heirs, agents, successors, and assigns.

 

“Sites” shall mean the website https://mprmedexercise.com/, or any related domains or subdomains, on which the Program and Services are offered and purchased by you. 

 

 

Terms And Provisions

LIABILITY WAIVER

 

I understand that this Member Waiver and Terms of Purchase governs all rights and liabilities directly or indirectly arising out of or related to any Services provided by Released Parties, as those  terms are defined above. I have read, understand, and agree to be bound by the Terms and Provisions below.

 

By participating in the Services, you certify that the following statements are true:

 

  1. I wish to participate in the Services offered by MPR Med Exercise. During the Services, I will receive information and instructions about physical wellness, fitness, and exercise and nutrition. I recognize that fitness programs such as these require physical exertion that may be strenuous which has the potential to result in serious physical injury. I knowingly and willingly acknowledge and accept the risks and hazards involved at any location I am participating and engaging in the Services.

 

  1. I have consulted with my physician and drawn an independent determination regarding my fitness to participate in the Services before participating. I do not have any medical condition (including being prescribed any medication) that is likely to be aggravated by or otherwise prevent my full participation.

 

  1. In consideration of being permitted to participate in the Services, I agree to accept and assume full responsibility for all risks, injuries or damages, known or unknown, resulting from my participation.

 

  1. In consideration of being permitted to participate in the Services, I knowingly, voluntarily and expressly waive and release any claim I may have now or in the future against the Released Parties (as defined above) for injury or damages that I may sustain as a result of participating in the Services.

 

  1. On my own behalf and on behalf of my successors, assigns, heirs and legal representatives, I forever release, discharge and waive all claims, release, hold harmless, and covenant not to sue the Released Parties for any injury or damage, including those caused by negligent act or omission, or in any way arising out of or connected with my participation in any Services, or the use of any equipment related thereto.

 

The risk of injury from participation in strenuous and non-strenuous physical activity and Training, including but not limited to usage and/or placement of resistance bands provided by Released Parties or purchases of resistance bands, and/or any form of exercise bands through any other entities or purchases outside the realm of Released Parties “Training," is significant, including the potential for permanent paralysis, other serious injury, and/or death.

 

I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS of participation in Training, including, without limitation, risk arising from or relating in any way to the condition of the Released Parties’ equipment, fields, and surrounding premises, the actions of persons other than myself, my own actions. I UNDERSTAND THAT THE RELEASED PARTIES MAKE NO WARRANTIES (WHETHER EXPRESS OR IMPLIED) and shall in no event be responsible or liable for the defective or dangerous condition of the "Training" at any location, facilities, equipment, fields, and surrounding premises, except to the extent such condition(s) result(s) solely from the gross negligence or intentional acts of any Released Parties.

 

Furthermore, I knowingly and voluntarily assume all such risks, both known and unknown, even if arising from the negligence of the "Released Parties," and assume full responsibility for my participation in the Training. I agree to use the utmost caution and care to avoid injury or damage to myself and others.

 

I acknowledge Released Parties make no guarantee of results. Released Parties provide information intended to be helpful to you. While Released Parties will make an effort to keep information current and updated, because changing sciences and medical research, personal medical history, and external forces are constantly changing and varies, Release Parties can in no way guarantee the effectiveness of the Services or materials. Although specific information may be adequate in general circumstances, Released Parties cannot guarantee that it will be effective in every application or circumstance.

 

I AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE for any losses, claims, demands, injuries, damages, actions, lawsuits, judgments, fines, penalties, liabilities, costs, expenses (including, without limitation attorneys' and accountants' fees and costs and court costs, whether or not in connection with litigation), or causes of action (collectively, “Damages”) that arise in whole or in part due to the simple negligence of any of the Released Parties.  FURTHERMORE, I FOREVER RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, the Released Parties from and in relation to all Damages that arise from or relate in any way to my participation in the Training, other than Damages that arise solely from the gross negligence or intentional acts of any Released Parties.

 

I FURTHER WARRANT AND CERTIFY that I have no health conditions or defects that would prevent me from participating safely in the Training, that I have taken every reasonable act necessary to make this warranty and certification in relation to such participation, and that I am otherwise sufficiently fit and healthy to so participate.

 

I WARRANT AND UNDERSTAND that it is my sole and personal responsibility to obtain insurance to compensate for any and all Damages which might arise from my participation in the Training, and furthermore agree to look solely to such insurance to cover such Damages, regardless of fault, and waive all rights of subrogation on behalf of any and all Released Parties which may now or ever exist as a result of such insurance.

 

IN ANY CASE, THE CUMULATIVE LIABILITY OF ALL RELEASED PARTIES RELATING TO ANY SERVICES PROVIDED AND THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY ME TO ANY OF THE" RELEASED PARTIES" (WHICH MAY BE ZERO) DURING THE PERIOD THAT IS ONE (1) YEAR PRIOR TO THE DATE OF THE CAUSE OF ACTION BETWEEN THE LITIGANTS, MINUS ANY AMOUNTS PREVIOUSLY PAID BY ANY OF THE RELEASED PARTIES FOR ANY PRIOR LIABILITY. THE RELEASED PARTIES’ LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL AMOUNTS PAID TO ANY RELEASED PARTIES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT AND APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN TORT, CONTRACT OR OTHERWISE). I RELEASE THE RELEASED PARTIES FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.

 

INTELLECTUAL PROPERTY

 

MPR Med Exercise retains ownership of the intellectual property in (a) all text, logo, images, headers, trademarks, service marks, graphic, design, selection and arrangements thereof appearing on the Program and related Services;  (b) any content made available to you pursuant to your use of Services; and (c) any other intellectual property rights afforded to MPR Med Exercise either through state or federal registration, or as otherwise available at common law (“Intellectual Property”).  Except as stated below, MPR Med Exercise does not grant you any rights to any Intellectual Property contained within the Program or as may be available to you generally through the MPR Med Exercise website or Services, including but not limited to workshops, worksheets, or through one-on-one advice sessions.

 

You agree not to make unauthorized use of or otherwise infringe upon this Intellectual Property in any way and understand that it is your responsibility to ensure you refrain from doing so.  MPR Med Exercise will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

 

So long as you comply with this Agreement, MPR Med Exercise grants you a non-exclusive, non-transferable license to download, view, copy and print the Program you purchase solely for your personal use, which is not to include any reproduction, copying, or any other use of the Program or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

 

  1. abide by all copyright protections afforded to the Program, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

 

  1. abide by all trademark protections afforded to the Program, both as formally registered with the U.S. Patent and Trademark Office, any state trademark authority, and as provided by common law;

 

  1. do not use the Program or otherwise offer them on any website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by this Agreement; and

 

  1. do not modify the Program in any way beyond edits and completions necessary to complete template forms and other Program worksheets consistent with Permitted Use provided by this Agreement. Such permission to modify Program accordingly in no way expands the limited license provided herein, nor does it include ownership of any intellectual property rights, or a general right of modification beyond that allowed by Permitted Use.

 

MPR Med Exercise will prosecute any unauthorized reproduction, copying, or any other use of the Program or other Services for resale or distribution, which is expressly outside of Permitted Use defined herein, to the fullest extent of the law.

 

Although MPR Med Exercise includes extended access to an online platform where Program materials are viewable, please remember that it is your responsibility to download the Products immediately (in a manner not in violation of the limited license extended to you in this Agreement) and securely back up all purchases.  MPR Med Exercise is not liable for any loss or damage to Program that occur after download or any customer’s inadvertent or mistaken download of a Program or free download such customer did not intend to purchase or download, and MPR Med Exercise will not reimburse you for such downloads.

 

PAYMENT AND TERM

 

The cost for Program enrollment is $179.99 as a one-time payment. You authorize MPR Med Exercise to charge your preferred payment method for the full amount at the time of enrollment.

 

In the event that your form of payment is declined or otherwise fails, MPR Med Exercise will contact you via a courtesy email to inform you of such problem and to update your payment method. Failure to receive a courtesy email does not relieve you of your responsibility for a timely payment.  MPR Med Exercise reserves the right to decline your access to Program and other Services and may pursue whatever remedies may be appropriate, including submitting such amounts past due and balances remaining on the purchase payment plan to a collections agency of its choice. 

 

By accepting this Agreement, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. MPR, LLC (“MPR Med Exercise”) may refuse to process a transaction for any reason or refuse Service to anyone at any time at MPR, LLC's (“MPR Med Exercise”) sole discretion. MPR Med Exercise will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun. Unless stated otherwise, all fees and payments are quoted in U.S. Dollars. You are responsible for paying all fees, payments and applicable taxes associated with our website and Services.

 

ONLINE PAYMENT SECURITY

 

MPR Med Exercise uses the secure Payment Gateway for its online credit card transactions. All online credit card transactions performed on this site are secured payments. Payments are fully automated with an immediate response. Your complete credit card number cannot be viewed by MPR Med Exercise or any outside party. All transactions are performed under 128 Bit SSL Certificate. All transaction data is encrypted for storage within bank-grade data centers, further protecting your credit card data.

 

 

RETURN/REFUND POLICY

 

All purchases are final. No refunds will be provided, in whole or part, unless granted at complete discretion of MPR Med Exercise. To submit a request for refund, you must send an email to care@mprmedexercise.com. Upon approval of the refund, access to the course materials will be terminated and refunds will be processed within thirty (30) days after purchase.

 

CANCELLATION POLICY

 

All cancellations require a thirty (30) day notification which is given by emailing customer service at care@mprmedexercise.com. Depending on your credit card company’s policies and timelines, we will notify you by email when your cancellation has been processed. If you are not completely satisfied with your purchase for a valid reason as determined solely by MPR Med Exercise, you may cancel your membership post the minimum 90-day membership requirement.

 

PRIVACY POLICY

 

MPR Med Exercise permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available

at https://mprmedexercise.com/privacy-policy/ which is incorporated herein by reference.

 

MPR Med Exercise will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. MPR Med Exercise will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.  MPR Med Exercise is the sole manager of such information collected on the Sites. MPR Med Exercise will use such information to respond to you as necessary. You grant MPR Med Exercise a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular service.

 

MISCELLANY

 

If any provision of this Agreement shall be adjudged illegal, invalid or unenforceable, the balance of the Agreement shall remain in full force and effect. This Agreement shall be construed and governed under Arizona law. Any action or lawsuit arising out of or related to Training, Services, and/or this Agreement shall be exclusively brought in state or federal courts located in Maricopa County, Arizona. In the event enforcement of this Agreement becomes necessary, the prevailing party in any dispute will be entitled to reasonable attorney’s fees.  

 

I have read this Agreement, fully understand its terms, understand that I am voluntarily limiting my legal rights by signing it, and sign it freely and voluntarily. I acknowledge that I have received valuable consideration in relation to my execution of this Agreement, which I understand to be a prerequisite to my receipt of Services. Finally, I understand that this Agreement shall be of full force and effect as to any and all Services I receive from the Released Parties, without regard to the date or timing of such Services.

 

MPR, LLC (“MPR Med Exercise”) reserves the right, at its discretion, to modify this Agreement, fees, charges and terms at any time upon reasonable written notice to you in advance of those changes. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the website by you following such notification constitutes the acceptance of the changes in the terms and conditions.

 

 CONTACT

 

By using the Sites and entering personal information, you give MPR Med Exercise permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new products and services or changes to the terms of the course.  Should you prefer not to be contacted by e-mail, please let MPR Med Exercise know by contacting us at info@mprmedexercise.com.

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Signed by Michael Rooney
Signed On: April 15, 2024


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Document name: MEMBER WAIVER AND TERMS OF PURCHASE
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