Thank you for purchasing The Primal Mobility Certification (“Product”). By clicking “Buy Now,” “Complete Order,” “Enroll Now” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear ("Product," “Course,” and/or “Program”), you (“Student” and/or “Client” and/or “Customer”) agree to be provided with products, programs, or services by Primal Mobility Inc. ("Owner"and/or “Company”) and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:
SECTION ONE - TERM & TERMINATION
1.1 Term. The Term of this Agreement shall be 12 months from the date of initial purchase, with the exception of Sections 5 through 13, which shall survive the Term of this Agreement.
1.2 Termination. Client dissatisfaction with Company and/or Coach’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Program, complete the certification exam, or pass the certification exam, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing these Terms and Conditions.
SECTION TWO - PROGRAM SPECIFICS
The Program includes nine modules, which include pre-recorded videos, written content, workbooks, templates and/or other resources. The Product also includes access to a private community to review case studies, ask questions and to better understand the techniques and concepts discussed in the modules for one year from the purchase date. The Program also includes to following;
- Exam & Certification - Client will become “Primal Mobility Certified” upon successful completion of the final exam.
- Primal Mobility Exercise Library - Client will gain access to our growing library filled with hundreds of mobility exercise demos to use with your programs as well as for yourself.
The Product will be undergoing ongoing review and is subject to change in order to keep up with relevant industry content and improve the quality of the course.
This Product may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined by Company. Access to this Product is currently through a third-party platform, Kajabi, LLC. (“Kajabi”). The company is not liable for any limitation of access to the Product caused by Kajabi.
SECTION THREE - DISCLAIMERS
3.1 The Company is not an industry association, regulatory body, doctor, counselor, business operations manager, or other agent of Client’s business or industry. Client understands that the Program is created to help Client learn new knowledge, methods, skills and assist Clients with finding his/her own direction as a mobility coach. The Program may offer guidance regarding coaching clients, marketing advice and business decisions, but it is the responsibility of the Client to make the final decision and choose the best option for his/herself.
3.2 Client understands that the Product has been designed by Company for general educational and informational purposes only, with the goal of teaching the Client new skills/concepts/methods and providing Clients with awareness of mobility coaching. Through the Product, the Company might provide guidance regarding business decisions, but it is ultimately the responsibility of the Client (and only the Client) to make the final decision for his/herself. By using Company’s services and purchasing this Product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.
3.3 Client hereby acknowledges that courses and mentorship are subjective products/services and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions.
3.4 The Client acknowledges that the success is dependent on a number of factors, including, but not limited to, attitude, persistence and full participation in all phases of the Program. Primal Mobility is dedicated to helping you become successful in the Program as the success of the Program itself depends on the completion and implementation by the Client of the strategies, techniques and concepts taught in the program.
3.5 This Product does not include: 1) individualized advice and feedback; 2) procuring business or potential customers for Client; 3) performing any business management services for Client, such as accounting, operations, research, or development; 4) clinical training in regulated professional services including but not limited to massage therapy, physic therapy, chiropractic, etc.; 5) legal or financial advice; 7) introduction to Company’s professional network and business relationships.
Client hereby acknowledges that Client is solely responsible for the amount and type of income that Client generates by implementing techniques and advice provided by the Program. Client also acknowledges that Client is solely responsible for outcomes related to mobility coaching and mobility training. Client also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide Client with a lucrative business or client outcomes. Client also agrees that he/she is solely responsible for any decision Client makes and indemnifies Company from any liability regarding said decisions.
SECTION FOUR - CLIENT DUTIES AND OBLIGATIONS
The Product has been developed for educational and certification purposes. The Company has established its proprietary Product in order to educate, inspire and certify Client to pursue his/her professional mobility coaching goals/business. However, Client hereby acknowledges that Company does not guarantee Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Client accepts and agrees that Client is 100% responsible for his/her results from the Product. Client acknowledges that, as with any investment, there is an inherent risk associated. As such, Client agrees there is no guarantee that Client will attain his/her goals by simply completing the Primal Mobility Certification or using the advice/concepts/techniques taught throughout the program.
Nevertheless, Client acknowledges that he/she can optimize their potential results from the Product by adhering to the following:
- Completion of all Product material, including assignments and worksheets;
- Utilization of the Product’s PMC Community [The Lab];
- Taking 100% responsibility for Client’s results, 100% of the time.
SECTION FIVE - LIMITATIONS OF USE
5.1 Primal Mobility Name/Affiliation. The use of the Primal Mobility name is restricted and only available for students who have an active certification. Students who become certified through the successful completion of this program and pass the certification exam may refer to themselves as “Primal Mobility Certified” but may not refer to themselves as a “Primal Mobility Coach” as that term is restricted. Students who are not yet certified or have an expired certification, may not refer to themselves as any of the following, but is not limited to; “Primal Mobility Coach”, “Primal Mobility Certified”, “Primal Mobility affiliated Coach”, Etc.
5.2 Primal Mobility Exercise Library. Client acknowledges that use of the Primal Mobility Library is for direct Customer use only and sharing is restricted to sending clients to the direct links of videos. Embedding videos into any documents, platforms, website pages or other means of communication or online sharing are restricted. Clients are restricted from sharing or selling videos to non-clients, other coaches, or anyone that is not an active client.
SECTION SIX - PAYMENT & FEES
Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Client selects at checkout. All payments will be charged in USD.
6.1 Payment Terms:
a. One payment of $1299USD
b. Payment Plan Terms: 3 payments of $500USD.
Payments will be automatically withdrawn every 30 days for three (3) consecutive months.
c. Payment Plan Terms: Any other payment plan agreed upon between Client and Company not listed in this agreement.
If Client selects a payment plan option, Client agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Client. All payments must be paid before the Program end date, or else Company reserves the right to send Client to collections for any outstanding monies due and owed under this Agreement.
6.2 EFT Request and Authorization. Client hereby authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout for payment of any and all fess, late charges, costs, expenses, or any other monies due to Primal Mobility Inc. and Client does not require separate authorization for each payment.
6.3 Failed Payments. If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Product.
6.4 The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, the Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
6.5 Late Fees. Company understands that, from time to time, there are issues with payment. All payments must be received by the Company within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $50.00 USD. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Program. Client shall still remain responsible to make all payments due and owing under this Agreement to Company in the event Client’s access to the Program is revoked.
6.6 Exam Retakes. The Primal Mobility Certification will include two attempts per Section of the Final Exam. Once the Client exceeds the two attempts without success, the Client will be required to purchase additional attempts in order to successfully complete the Final Exam.
SECTION SEVEN - ACCESSES
7.1 Primal Mobility Certification. All Clients will gain access to the Primal Mobility Certification for the lifetime of the product.
7.2 The Lab | PMC Community. The PMC Community is a paid subscription that all students will gain access to for the duration of 12 months. After that time, Students will lose access to the community and be required to pay the purchase price for this product to regain access.
SECTION EIGHT - REFUNDS & CANCELLATION
8.1 The Client may not terminate or cancel the Agreement except as follows:
If by reason of death or disability, Client is unable to receive all Primal Mobility Inc. goods/services which Client has contracted, Client and Client estate shall be relieved from obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability).
8.2 The following refund policy is only applicable to the Primal Mobility Certification Program as per the terms below;
30 Day Money Back Guarantee. For a period of 30 days from the initial payment/purchase date, the Client may cancel the agreement with Primal Mobility Inc. and receive a full refund of all paid funds.
To obtain a refund, the following conditions and rules apply:
- All sales are final thirty (30) days after the date of purchase (the “refund Period”). In other words, as of the 31st day following the date of purchase, the Company will not provide refunds or accept returns.
- If you elect to use an installment plan for your purchase, the Return Period starts on the date of purchase regardless of the date set for the first payment.
- You must contact the member services department ([email protected]) within the Return Period to request a refund.
- A 3% administration fee is applied to all refunds and is based upon the “Product Price”, which is the total purchase price including applicable taxes minus all Standard Fees charged at the time of purchase.
- Refunds are available only for the Product Price, and then only for the portion of the Product Price that has been paid to the Company at the time of the refund request. In other words, if you are making installment payments and you timely seek a refund, the maximum refund would be the amount you had paid to date (excluding any amount paid for Standard Fees), minus the 3% administration fee applied to all refunds.
- All refunds are issued in the same form as the original payment, except if you elected an installment plan. For example, if a credit card was used for the original full-payment purchase, the refund will be made back to that credit card. Alternatively, if you elected to use an installment plan, the refund will be made to the form of payment you used to make you most recent installment plan payment.
8.3 Non-refundable Fees.
- The following Standard Fees are non-refundable: Retest, Recertification, Recertification Late Fees, and Test Extension.
- Often products are sold as packages (e.g., online program and final exam). Refunds are not available for individual items within a Product Package. If an item within a Product Package is defective, you can request an exchange of that item by contacting the Member Services department within the Return Period.
SECTION NINE - CERTIFICATION & RECERTIFICATION
9.1 Certification. Client acknowledges that in order to be Primal Mobility Certified, they must successfully complete all sections of the program and obtain a passing grade of 80% in the final exam. All Certifications are valid for two years and recertification is required to maintain the Primal Mobility Certification. Certified students may recertify by completing continuing education activities that are approved by Company, obtaining a passing grade of 80% in the recertification exam or a combination of both.
9.2 Final Exam. If the Client does not obtain a passing grade in the exam in two attempts, you may still complete your exam at any time after your testing period has expired, but you will be subject to an additional Test Attempt Fee.
The Client will receive two (2) attempts to obtain a passing grade on the exam. Additional attempts are permitted but will be subject to an Exam Retake Fee ($99 USD).
9.3 Recertification. Client’s certification must be renewed every two years in order to maintain the certification and refer to themselves as “Primal Mobility Certified.” If Certification is not renewed within 6 months of expiry, the Client will lose their certification. To regain their certification, Client will need to pay the full purchase price of the program, retake the entire certification Program and obtain a passing grade on the final exam. Client acknowledges that there is an additional fee to recertify and if not paid, will lose their certification with the Company. To renew your Primal Mobility Certification, Client must purchase and successfully complete the Primal Mobility recertification process which includes continuing education activities approved by Company, taking an exam or a combination of both.
9.4 Primal Recertification Renewal Fees. In order to refer to themselves as “Primal Mobility Certified” and maintain their certification, Client’s are required to demonstrate continued competence every two years by following the strict recertification process outlined in section 9.3. The renewal fees are as follows;
- Certification Renewal - $199 USD
If Certification is not renewed within 6 months of expiry, the Client will be subject to losing their certification and may be required to retake the entire certification Program and obtain a passing grade on the final exam.
SECTION TEN - NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT
10.1 Confidential Information & Non-Disclosure. Company takes pride in its proprietary information included in each Product. As such, Client agrees and acknowledges all Confidential Information shared through this Product and by the Coach is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
- Any systems, sequences, processes or steps shared with Client;
- Any information disclosed in association with this Agreement;
- Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.
10.2 Testimonials. Company also agrees to protect Client’s personally identifiable information. However, from time to time, Company may use general statements about Client’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Client agrees to Company sharing Client’s success stories as testimonials in any matter across any media at the sole discretion of Company.
10.3 Non-Disparagement. Client agrees, during and/or after use of Product, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation.
SECTION ELEVEN - INTELLECTUAL PROPERTY & LIMITED LICENSE
11.1 Intellectual Property. This Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, exercise library, templates, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
11.2 Limited License. Company grants only a limited, personal, non-exclusive and non-transferable license to Client to use the Intellectual Property for Client’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Client acknowledges that his/her purchase of this Product is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
If Client is also a business owner or professional in a similar industry, Client shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
- Teaching Clients’s customers/clients/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Client’s own;
- Copying any of Company’s Product content and/or material for Customer’s commercial use;
- Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
SECTION TWELVE - INDEMNIFICATION / LIMITATION OF LIABILITY
Client hereby acknowledges that Company is not liable for any injuries that may arise from Client's actions, omissions, or decisions based off Client’s participation in this Program or the use of the information/concepts/techniques provided in this program including but not limited to: a decision to program specific exercises to their customer, a decision to follow a mobility training routine, a decision to begin a mobility coaching career, a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s coaching decisions, and any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product.
12.1 Access to this Product is currently through a third-party platform, Kajabi Inc. Company is not liable for any limitation of access to the Product caused by Kajabi Inc.
SECTION THIRTEEN - MISCELLANEOUS
13.1 Amendments. We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
13.2 Headings & Severability. Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
13.3 Entire Agreement. This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
13.4 All Rights Reserved. All rights not expressly granted in this Agreement are reserved by us.
13.5 Governing Law. Company is located in Canada and is subject to the applicable laws governing Canada. The governing law for this agreement is the laws of Ontario.
13.6 Arbitration. Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
13.7 Maximum Damages. Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.
13.8 Execution. Client agrees to accept the above Agreement in its entirety when Client selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.