Coach Certification Agreement
Level 1 Fascial Maneuvers Coach Certification Program
This Certification Agreement (the “Agreement”) is entered into as of the date of electronic signature acceptance (the “Effective Date”) by and between:
3 EMBODY LIFESTYLE LLC
A Wyoming Limited Liability Company doing business as “Human Garage”
(Hereinafter referred to as “we”, “us”, or “Company”)
AND
Participant Name: ______________________
Participant Address: ______________________
Email: ______________________
(Hereinafter referred to as “Participant”, “Coach Candidate”, “you”, or “your”)
RECITALS
WHEREAS, Company has developed a proprietary methodology known as Fascial Maneuvers and offers educational programming related thereto;
WHEREAS, Company offers a Level 1 Fascial Maneuvers Coach Certification Program for qualified individuals who wish to pursue certification, subject to the terms set forth herein;
WHEREAS, Participant desires to enroll in the Level 1 Fascial Maneuvers Coach Certification Program and agrees to abide by all terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1 — PROGRAM ENROLLMENT
1.1 Program Description
The Level 1 Fascial Maneuvers Coach Certification Program (the “Program”) is an online training program for participants seeking Level 1 certification to teach Fascial Maneuvers to groups and individuals, subject to completion of then-current Program requirements. Program duration, structure, and pacing expectations are described at enrollment and may be updated by Company from time to time. The Program is generally self-paced, subject to certification requirements and any sequencing Company designates.
Without limiting Company’s ability to update curriculum and delivery, the Program may include:
- Core training modules covering theory, movement mechanics, and practical applications
- Video instruction and supplementary materials
- Access to Company’s online learning platform and/or Coaching App
- Community forum access and peer support, where offered
- Written and/or practical examination components
- Official Level 1 certification upon successful completion of then-current Program requirements
Company does not guarantee any particular number of modules, media hours, live sessions, community features, or outcomes. Features and requirements applicable to Participant’s enrollment are those disclosed at enrollment and as updated in Program materials.
1.2 Program Access Date
The Program is offered on a rolling enrollment basis. After successful enrollment and receipt of the required initial payment (or as otherwise stated at checkout), Participant will receive access to the Human Garage Platform and available Program materials (the “Access Date”). Access timing may vary based on payment processing, account provisioning, and technical factors.
1.3 Prerequisites and Eligibility
Participant represents and warrants that they:
- Are at least 18 years of age
- Have completed the Program readiness assessment
- Have the physical capability to perform and teach Fascial Maneuvers
- Have reliable internet access for online learning and live sessions
- Are committed to completing the Program within the designated timeframe
1.4 Access to Program Materials
Upon full payment, or upon approval of an installment plan and receipt of the first installment (as applicable), Participant will receive access to available Program materials through Company’s designated platform(s). Access remains subject to compliance with payment obligations and Program requirements. Company may update, replace, or reorganize Program materials from time to time.
ARTICLE 2 — FEES AND PAYMENT TERMS
2.1 Program Fees
Program fees, applicable taxes, and any financing or installment premiums are those presented to Participant at checkout or enrollment for the selected Program tier, offer, scholarship pricing (if any), and payment option (collectively, the “Program Fees”). By completing enrollment, Participant agrees to pay the Program Fees disclosed at the time of purchase.
2.2 Payment Options
Available payment options may include payment in full and one or more installment plans, as presented at checkout or enrollment. The amount due, number of installments (if any), payment schedule, and any financing premium will be disclosed before Participant completes purchase. Not all options are available for every enrollment or offer.
If Participant selects an installment plan, the Installment Plan Agreement (or equivalent checkout authorization) also applies. Participant authorizes Company to charge the payment method on file according to the disclosed schedule until the total amount owed under the selected plan is paid in full.
2.3 Payment Method
Payments are processed through Company’s designated payment processor(s) (which may include Stripe) via the Human Garage Platform, Coaching App, or other checkout flow designated by Company. Participant must provide a valid payment method, keep payment information current, and ensure sufficient funds are available for scheduled charges. Participant authorizes automatic charges for any selected installment plan.
2.4 Late Payments and Failed Transactions
If a scheduled installment payment fails:
- Company may notify Participant via available contact methods (such as email and/or in-app notification)
- Company may attempt to re-process payment a reasonable number of times over several business days
- Company may provide a grace period (typically up to seven (7) days) to update payment information
- If payment remains outstanding after the applicable grace period, access to the Program may be suspended
- A late fee may be assessed as disclosed at enrollment or in the Installment Plan Agreement (including, where applicable, up to USD $50.00 for payments more than seven (7) days overdue)
- Access may be restored upon successful payment of outstanding amounts and any applicable late fees
2.5 Taxes
All fees are subject to applicable taxes. Participant is responsible for any taxes, duties, or similar charges imposed by their jurisdiction, except where Company is required by law to collect and remit such amounts.
2.6 No Proration
Program Fees are not prorated based on participation level, completion status, or date of enrollment. Partial completion of the Program does not entitle Participant to a refund or reduction in fees, except as expressly provided in Article 3.
ARTICLE 3 — REFUND AND CANCELLATION POLICY
3.1 Seven-Day Refund Window
Participant may request a full refund of Program Fees paid within seven (7) days from the date of the first payment, subject to the conditions below. To qualify:
- Participant must submit written notice via the Human Garage Platform or to support@humangarage.net; and
- Participant must not have completed more than twenty percent (20%) of Program content, as reasonably determined by Company.
Approved refunds will generally be processed within fourteen (14) business days to the original payment method where practicable. Upon approval, Program access will be revoked, and any remaining scheduled installment charges will be canceled.
3.2 Cancellation After Seven Days
After the seven-day refund window, no refunds will be provided for voluntary cancellation or non-use. Participant remains responsible for all outstanding amounts under the selected payment option, including any remaining installment payments, except where Company expressly agrees otherwise in writing or applicable law requires otherwise.
3.3 Medical or Emergency Hardship
In the event of documented medical emergency, serious illness, or extraordinary hardship that materially prevents Participant from completing the Program, Company may, at its sole discretion, consider one or more of the following options:
- Transfer of enrollment to a later access period or cohort (subject to availability)
- An extended period to complete Program requirements
- A partial refund of unfulfilled Program components (calculated at Company’s sole discretion)
Such requests must be submitted in writing with supporting documentation within thirty (30) days of the event giving rise to the hardship. Company has no obligation to grant any particular accommodation.
3.4 Program Cancellation or Material Change by Company
If Company cancels the Program or makes a material change that prevents delivery of the core Program substantially as offered at enrollment, Company will, at its election, provide either: (a) a refund of Program Fees paid for undelivered Program components; or (b) a reasonably comparable alternative or transfer option. This Section does not apply to ordinary curriculum updates, scheduling changes, platform changes, or feature modifications that do not materially prevent Program delivery.
3.5 Non-Refundable Items
Unless required by applicable law, the following are non-refundable:
- Physical materials or merchandise already shipped
- Third-party processing fees that are not recoverable by Company
- Separate examination or credentialing fees charged by third parties, if any
ARTICLE 4 — PARTICIPANT OBLIGATIONS
4.1 Completion Requirements
To earn Level 1 certification, Participant must satisfy the then-current certification requirements designated by Company, which may include:
- Completing all required core modules
- Attending or viewing recordings of such live sessions as Company may require for certification
- Successfully passing the final examination component(s) at the then-current passing standard designated by Company
- Submitting any required practical demonstration that meets certification standards
- Completing all certification requirements within twelve (12) months of the Access Date, unless extended by Company in writing
Company may update certification requirements prospectively. Requirements applicable to Participant will be those in effect for Participant’s enrollment, as stated in Program materials, unless Company provides a reasonable alternative path to completion.
4.2 Academic Integrity
Participant agrees to maintain academic integrity throughout the Program. Prohibited conduct includes:
- Cheating on quizzes or examinations
- Plagiarism or copying another participant's work
- Sharing login credentials or allowing unauthorized access to Program materials
- Submitting work created by another person as one's own
Violation of academic integrity may result in immediate dismissal from the Program without refund.
4.3 Professional Conduct
Participant agrees to conduct themselves professionally at all times, including during live sessions, in community forums, and in all interactions with instructors, staff, and fellow participants. Harassment, discrimination, bullying, or abusive behavior will not be tolerated and may result in immediate dismissal from the Program.
4.4 Equipment and Technology
Participant is responsible for obtaining and maintaining:
- Reliable high-speed internet connection
- Compatible device (computer, tablet, or smartphone) for accessing the Company Coaching App
- Video recording equipment for submitting practical examination
- Any additional materials or equipment recommended for practice
Company is not responsible for technical issues, connectivity problems, or equipment failures on the Participant's end.
4.5 Public Communications and Brand Compliance
a. Public Statements and Content.Participant acknowledges that any public statements, representations, marketing materials, testimonials, social media posts, videos, livestreams, podcasts, interviews, written content, or other communications (“Public Communications”) that reference or reasonably relate to Company, Fascial Maneuvers, the Program, or Participant's certification status may be perceived by the public as associated with Company.
Participant agrees that all Public Communications shall: (i) be truthful, accurate, and not misleading; (ii) comply with all applicable laws, regulations, and platform policies; and (iii) strictly comply with Company's then-current branding, marketing, and communications guidelines, as updated from time to time.
b. Prohibited Claims. Participant shall not, in any Public Communication, directly or indirectly: (i) make or imply any medical, therapeutic, diagnostic, rehabilitative, psychological, or health-care claims; (ii) represent Fascial Maneuvers as a treatment, cure, or remedy for any disease, injury, trauma, medical condition, or mental health condition; (iii) guarantee or promise specific health, physical, emotional, or financial outcomes; or (iv) otherwise present Fascial Maneuvers in a manner inconsistent with its designation as an educational and self-care methodology.
c. Takedown Authority. Company reserves the right, in its sole and reasonable discretion, to require Participant to modify, correct, or remove any Public Communication that Company determines: (i) violates this Agreement; (ii) violates Company brand, marketing, or communications guidelines; (iii) contains prohibited claims or misleading representations; or (iv) poses a legal, regulatory, reputational, or brand risk to Company. Upon receipt of written notice (including email or in-app notification), Participant shall comply with such takedown or modification request within forty-eight (48) hours, or within twenty-four (24) hours if Company reasonably determines that immediate action is required to mitigate legal or regulatory risk.
d. Failure to Comply.Failure to timely comply with a takedown or modification request shall constitute a material breach of this Agreement and may result in, at Company's sole discretion: (i) immediate suspension of Program access or certification status; (ii) temporary or permanent revocation of certification; (iii) removal from the Company Coach Directory; and/or (iv) termination of this Agreement without refund.
e. Survival. The obligations set forth in this Section shall survive completion of the Program, certification, expiration, or termination of this Agreement for so long as Participant continues to reference Company, Fascial Maneuvers, or their prior certification status.
ARTICLE 5 — INTELLECTUAL PROPERTY
5.1 Ownership of Program Materials
All Program materials, including but not limited to videos, written content, images, logos, trademarks, maneuvers, techniques, methodologies, software, and the Company Coaching App, are the exclusive property of Company and are protected by United States and international copyright, trademark, and intellectual property laws.
5.2 Limited License
Upon enrollment and payment, Company grants Participant a limited, non-exclusive, non-transferable, revocable license to access and use Program materials solely for personal learning purposes in connection with completing the certification requirements. This license does not convey any ownership rights and may be revoked if Participant breaches this Agreement.
5.3 Restrictions on Use
Participant agrees NOT to:
- Copy, reproduce, distribute, or share Program materials with any third party
- Record, screenshot, or create derivative works from videos or course content
- Post, upload, or transmit Program materials to any website, social media platform, or file-sharing service
- Modify, reverse engineer, or attempt to extract source code from the App or any software
- Remove or alter any copyright, trademark, or proprietary notices
- Use Program materials for commercial purposes or to train others prior to certification
- Repackage the method under a new name
- Teach derived systems that are substantially similar
- Create Level 2-style programs independently
5.4 Post-Certification Use
Upon successful completion and certification, Participant is granted a limited license to use the Fascial Maneuvers methodology and teach the techniques learned in the Program to clients and students. Certified coaches may:
- Market themselves as “Certified Human Garage Level 1 Coach”
- Use approved Company branding and logos in accordance with brand guidelines
- Teach Fascial Maneuvers to groups or individuals for compensation
- Create their own teaching materials that incorporate the techniques learned
However, certified coaches may NOT reproduce, distribute, or resell Company's proprietary training materials, videos, or intellectual property to third parties or use them to create competing certification programs.
5.5 Unauthorized Advanced or Successor Programs
Participant shall not, directly or indirectly, create, offer, market, teach, license, or sell any course, certification, training, workshop, or program that: (i) is labeled or described as “advanced,” “master,” “Level 2,” “Level II,” “senior,” “professional,” or any similar designation; (ii) purports to build upon, extend, certify, or formalize knowledge of Fascial Maneuvers beyond Participant's authorized certification level; or (iii) could reasonably be perceived as a successor, continuation, or alternative to Company's certification programs, without the prior written authorization of Company.
5.6 No Lineage Forking
Participant shall not present Fascial Maneuvers, or any substantially similar methodology, as an independent lineage, system, school, or certification separate from Company.
5.7 Trademarks
“Human Garage,” “Fascial Maneuvers,” associated logos, and other marks are registered or common law trademarks of Company. Participant acknowledges Company's exclusive ownership and agrees not to challenge the validity of these marks or register any confusingly similar marks.
5.8 Authorized Titles and Designations
a. Authorized Certification Title.Participant acknowledges that, upon successful completion of the Program, the only authorized professional designation granted under this Agreement is: “Certified Human Garage Level 1 Coach” or such other designation expressly approved in writing by Company. Participant shall not use, imply, or represent any other title, credential, rank, seniority, or designation suggesting advanced status, exclusivity, authority, or affiliation beyond the scope of the certification expressly granted.
For the avoidance of doubt, certification titles reference the Human Garage brand and not the Company's underlying legal entity.
b. Prohibited Titles and Representations.Without limiting the foregoing, Participant shall not use or imply any of the following, whether directly or indirectly, in marketing, public communications, social media, websites, business names, domain names, email addresses, or client materials: (i) “Senior,” “Master,” “Lead,” “Head,” “Elite,” “Advanced,” or “Expert” Company Coach; (ii) “Level 2,” “Level II,” “Professional,” or “Instructor Trainer” unless expressly authorized in writing; (iii) any title implying governance authority, regional leadership, or certification authority; or (iv) any designation that could reasonably cause confusion as to Participant's role, scope, or standing within the Company organization.
c. No Exclusive Territory. Participant acknowledges and agrees that certification does not grant any exclusive geographic territory, market, city, region, or client base. Company may certify additional coaches and operate programs anywhere in the world without restriction.
d. Geographic References in Marketing.Participant may reference their general location solely for descriptive purposes (e.g., “Certified Human Garage Level 1 Coach – Oakland, California”), provided such reference does not imply: (i) exclusivity within a geographic area; (ii) official representation of Company in that area; or (iii) authority to certify, license, approve, or supervise other coaches.
e. No Apparent Authority. Participant shall not represent or imply that they are an agent, representative, regional director, affiliate operator, or authorized spokesperson of Company. Participant has no authority to bind Company contractually or otherwise.
f. Enforcement and Remedies.Any violation of this Section shall constitute a material breach of this Agreement and may result in, at Company's sole discretion: (i) written notice and required corrective action; (ii) temporary suspension of certification status; (iii) permanent revocation of certification; (iv) removal from the Coach Directory; and/or (v) termination of this Agreement without refund.
g. Survival. The obligations set forth in this Section shall survive termination or expiration of this Agreement for so long as Participant references Company, Fascial Maneuvers, or their certification status in any manner.
5.9 Required Disclaimer Language
a. Mandatory Disclaimer.Participant agrees that any website, landing page, social media profile, booking page, marketing material, email communication, intake form, waiver, or other public-facing material that references Company, Fascial Maneuvers, or Participant's certification status (collectively, “Coach Materials”) must prominently display the following disclaimer, without modification, in a reasonably visible location:
“I am a Certified Human Garage Level 1 Coach. I am an independent practitioner and not an employee, agent, or representative of Human Garage. Fascial Maneuvers is an educational self-care methodology and is not medical treatment, physical therapy, psychotherapy, or a substitute for professional medical advice.”
b. Visibility and Placement. The disclaimer must be: (i) clearly legible and reasonably conspicuous; (ii) placed on the homepage or primary landing page of any website; (iii) included on booking, sales, or intake pages where services are offered; and (iv) included in social media bios or profile descriptions where character limits permit, or linked via a clearly labeled disclaimer page where space is limited.
c. No Alteration. Participant shall not alter, paraphrase, abbreviate, soften, or dilute the disclaimer language without the prior written consent of Company. Any omission or modification shall constitute a violation of this Agreement.
d. Supplemental Disclosures. Company may, from time to time and upon reasonable notice, require Participant to include additional disclaimers or disclosures necessary to address legal, regulatory, platform-specific, or jurisdictional requirements. Participant agrees to implement such supplemental disclosures within the timeframe specified by Company.
e. Verification and Audit Rights.Company reserves the right to request screenshots, URLs, or other evidence reasonably necessary to verify Participant's compliance with this Section. Failure to provide such verification within a reasonable timeframe shall be deemed noncompliance.
f. Enforcement and Remedies.Failure to comply with this Section shall constitute a material breach of this Agreement and may result in, at Company's sole discretion: (i) written notice and a mandatory cure period not to exceed five (5) business days; (ii) immediate suspension of certification status; (iii) removal from the Coach Directory; (iv) permanent revocation of certification; and/or (v) termination of this Agreement without refund.
g. Survival. The obligations set forth in this Section shall survive termination, expiration, or revocation of certification for so long as Participant references Company, Fascial Maneuvers, or their certification status in any manner.
5.10 Domain Name, Social Handle, and Digital Identity Restrictions
a. Restricted Use of Company Identifiers. Participant shall not register, acquire, use, or control any domain name, subdomain, social media handle, username, page name, email address, mobile application name, or other digital identifier (collectively, “Digital Identifiers”) that includes, or is confusingly similar to: (i) “Human Garage”; (ii) “Fascial Maneuvers”; (iii) any Company trademark, service mark, slogan, or brand element; or (iv) any misspelling, abbreviation, translation, or variant thereof, without the prior written consent of Company.
b. Prohibited Digital Representations. Without limiting the foregoing, Participant shall not use Digital Identifiers that: (i) suggest official affiliation, endorsement, governance authority, or ownership by Company; (ii) imply exclusivity, regional authority, or senior status; (iii) create confusion as to whether Participant is an official Company entity, location, or representative; or (iv) could reasonably be interpreted as an official Company channel or certification body.
c. Permitted Descriptive Use.Participant may use Company references solely in a descriptive, non-branded manner, such as within page content or biographies (e.g., “Certified Human Garage Level 1 Coach”), provided such use complies with this Agreement and all branding guidelines.
d. Transfer and Takedown Obligation. If Participant has registered or controls any Digital Identifier in violation of this Section: (i) Participant shall, upon written request, immediately cease use of such Digital Identifier; (ii) transfer ownership or administrative control to Company if requested; or (iii) permanently delete or deactivate the Digital Identifier, as directed by Company, within ten (10) business days of notice. Failure to comply shall constitute a material breach of this Agreement.
e. Survival. This Section shall survive termination or expiration of this Agreement.
5.11 Unauthorized Access to Live Sessions
Participant shall not share, distribute, forward, or otherwise provide access to any live meetup links, recordings, or session credentials to any individual who is not an enrolled or authorized member of the applicable Program. Any violation of this provision constitutes a material breach and may result in suspension or revocation of access or certification without refund.
ARTICLE 6 — CERTIFICATION AND CREDENTIALING
6.1 Certification Award
Upon successful completion of all Program requirements as outlined in Section 4.1, Participant may be awarded Level 1 Fascial Maneuvers Coach certification. Certification credentials and related benefits, if awarded, may include one or more of the following as Company then offers:
- Digital certificate with a unique certification number
- Physical certificate, where offered and subject to shipping constraints
- Eligibility for listing in Company’s public Coach Directory, subject to Company’s directory policies
- Access to certified-coach resources and marketing materials, where offered
- Right to use the “Certified Human Garage Level 1 Coach” designation, subject to these Terms and brand guidelines
6.2 Certification Validity
Level 1 certification is valid for twelve (12) months from the date of award. To maintain active certification status, coaches must complete any continuing education requirements and pay the then-current annual renewal fee as specified in Section 6.3.
6.3 Certification Renewal
To renew certification, coaches must satisfy the then-current renewal requirements designated by Company, which may include:
- Paying the then-current annual renewal fee plus applicable taxes, as disclosed by Company at the time of renewal
- Completing any continuing education requirements designated by Company for the renewal period
- Maintaining good standing with Company (including no unresolved ethical violations or material breaches of these Terms)
- Affirming continued commitment to professional standards and the applicable code of conduct
Failure to complete renewal requirements may result in inactive status, suspension of designation rights, and/or removal from Company directories or platforms.
6.4 Suspension or Revocation of Certification
Company reserves the right to immediately suspend or permanently revoke certification if a certified coach: breaches any provision of this Agreement; engages in professional misconduct or unethical behavior; misrepresents their credentials or certification status; brings disrepute to Company or the Fascial Maneuvers methodology; fails to pay renewal fees or complete continuing education requirements; is convicted of a crime involving moral turpitude or that compromises client safety; or otherwise engages in conduct that, in the Company's reasonable judgment, harms or risks harm to the reputation, integrity, or public trust of the Human Garage brand or methodology.
Certified Coaches shall not diagnose, treat, prescribe, cure, or represent Fascial Maneuvers as medical, therapeutic, rehabilitative, or psychological treatment. Coaches shall not make claims relating to disease, injury recovery, trauma resolution, or mental health outcomes.
Upon revocation, the coach must immediately cease using the certification designation and Company branding, and will be removed from the Coach Directory.
6.5 No Guarantee of Income or Success
Certification does not guarantee employment, clients, income, or business success. Participant acknowledges that their success as a coach depends on numerous factors outside Company's control, including market conditions, individual effort, business acumen, and local regulations. Company makes no representations or warranties regarding potential earnings or business outcomes.
6.6 No Franchise; Independent Contractor Status
Participant acknowledges that this Agreement does not create a franchise, partnership, joint venture, employment, or agency relationship. Certified Coaches are independent professionals solely responsible for their own business operations, clients, pricing, locations, insurance, compliance, and representations.
ARTICLE 7 — LIABILITY AND DISCLAIMERS
7.1 Assumption of Risk
Participant acknowledges that learning and practicing Fascial Maneuvers involves physical activity and carries inherent risks, including but not limited to muscle strain, injury, or aggravation of pre-existing conditions. Participant assumes all risks associated with participation in the Program and agrees to consult with a qualified healthcare provider before beginning any new physical practice.
7.2 Medical Disclaimer
The Program is educational in nature and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Fascial Maneuvers is a self-care methodology and should not replace professional medical advice, diagnosis, or treatment. Participant acknowledges that Company instructors are not medical professionals and do not provide medical advice.
7.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3 EMBODY LIFESTYLE LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROGRAM, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR PERSONAL INJURY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL 3 EMBODY LIFESTYLE LLC'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY PARTICIPANT FOR THE PROGRAM.
7.4 Indemnification
Participant agrees to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, contractors, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: Participant's breach of this Agreement; Participant's use or misuse of Program materials; Participant's provision of coaching services to third parties; Participant's violation of any applicable law or regulation; any injury or damage caused to third parties by Participant's teaching or application of Fascial Maneuvers.
7.5 Professional Liability Insurance
Upon certification and before teaching Fascial Maneuvers to clients, Participant is strongly advised to obtain appropriate professional liability insurance. Company does not provide insurance coverage for certified coaches' professional activities.
ARTICLE 8 — PRIVACY AND DATA PROTECTION
8.1 Collection and Use of Personal Information
Company collects and processes Participant's personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. Personal information collected includes:
- Contact information (name, email, phone number, address)
- Payment information (processed securely through Stripe)
- Learning progress and assessment results
- Communications and correspondence
- Video submissions and practical exam recordings
8.2 Purpose of Data Collection
Personal information is used solely for the following purposes:
- Administering enrollment and payment processing
- Providing access to Program materials and the Coaching App
- Tracking progress and issuing certifications
- Communicating Program updates, schedules, and important information
- Creating a listing in the Coach Directory (with consent)
- Improving Program quality and user experience
8.3 Data Sharing and Disclosure
Company does not sell personal information to third parties. Information may be shared with: service providers (e.g., payment processors, email services, hosting providers) under strict confidentiality agreements; legal or regulatory authorities when required by law; successor entities in the event of a merger, acquisition, or sale of business.
8.4 Data Security
Company implements industry-standard security measures to protect personal information, including encryption, secure servers, and access controls. However, no method of transmission or storage is 100% secure, and Company cannot guarantee absolute security.
8.5 Participant Rights
Participant has the right to:
- Access their personal information held by Company
- Request correction of inaccurate or incomplete information
- Withdraw consent for certain uses (subject to contractual obligations)
- Request deletion of personal information (subject to legal retention requirements)
ARTICLE 9 — MANDATORY CLIENT WAIVER AND ACKNOWLEDGMENT REQUIREMENTS
a. Mandatory Client Waiver. As a condition of maintaining certification and offering Fascial Maneuvers to any third party, Participant shall require each client to execute a written waiver and acknowledgment prior to participation.
Such waiver must, at a minimum, include language substantially similar to the following:
Client Acknowledgment and Assumption of Risk
I acknowledge that Fascial Maneuvers is an educational self-care practice involving physical movement. I understand that it is not medical treatment, physical therapy, psychotherapy, or a substitute for professional medical advice.
I voluntarily assume all risks associated with participation, including the risk of injury or aggravation of pre-existing conditions. I agree that I am responsible for consulting a qualified healthcare professional regarding my fitness to participate.
I acknowledge that the coach providing instruction is an independent practitioner and not an employee, agent, or representative of Human Garage. I release and hold harmless Human Garage from any claims arising out of my participation.
b. No Modification Without Approval. Participant shall not remove, materially alter, or dilute the substance of the required waiver language without the prior written consent of Company. Jurisdiction-specific additions are permitted, provided the core disclaimers and release language remain intact.
c. Recordkeeping Requirement. Participant shall maintain executed client waivers for a minimum of four (4) years and shall make such records available to Company upon reasonable request solely for compliance verification purposes.
d. Failure to Obtain Waivers. Failure to obtain executed client waivers in accordance with this Section shall constitute a material breach of this Agreement and may result in: (i) immediate suspension of certification; (ii) revocation of certification; (iii) removal from the Coach Directory; and/or (iv) termination of this Agreement without refund.
e. Survival. This Section shall survive termination, expiration, or revocation of certification.
ARTICLE 10 — EMERGENCY SUSPENSION AND RISK MITIGATION AUTHORITY
a. Emergency Suspension Authority.Company reserves the right, in its sole and reasonable discretion, to immediately suspend Participant's access to the Program, certification status, use of branding, listing in the Coach Directory, and any associated privileges without prior notice if Company determines that Participant's conduct, communications, marketing, or activities: (i) pose a credible risk of legal, regulatory, medical, or consumer harm; (ii) expose Company to potential governmental inquiry, enforcement action, or litigation; (iii) threaten the integrity, reputation, or public trust of the Human Garage brand or methodology; or (iv) involve allegations of misconduct that, if substantiated, would justify revocation under this Agreement.
b. Temporary Nature and Review. Emergency suspension is a temporary risk-containment measure and does not constitute a final determination of breach. Company shall provide written notice of the suspension and, where appropriate, an opportunity for Participant to submit a written response or corrective action plan within a reasonable timeframe determined by Company.
c. Obligations During Suspension. During any emergency suspension, Participant shall immediately: (i) cease representing themselves as a certified Human Garage coach; (ii) cease use of all Company trademarks, branding, and designations; (iii) remove or disable any public references to certification as directed; and (iv) refrain from offering Fascial Maneuvers instruction pending resolution.
d. Resolution Outcomes. Following review, Company may, in its sole discretion: (i) reinstate certification with or without conditions; (ii) require corrective actions or remedial training; (iii) extend the suspension for a defined period; or (iv) permanently revoke certification and terminate this Agreement.
e. No Liability for Suspension. Participant agrees that Company shall not be liable for any damages, losses, or claims arising from an emergency suspension exercised in good faith under this Section, including lost income, reputational harm, or business interruption.
f. Survival. This Section shall survive termination or expiration of this Agreement.
ARTICLE 11 — FOUNDER AND METHOD SEPARATION
a. Method Ownership and Continuity. Participant acknowledges and agrees that Fascial Maneuvers is a proprietary methodology owned and controlled exclusively by Company, independent of any individual founder, instructor, spokesperson, or public figure. No certification, license, or right granted under this Agreement is conditioned upon the continued involvement, presence, teaching, public participation, or reputation of any specific individual.
b. No Personal Endorsement or Reliance. Participant agrees not to represent or imply that: (i) certification is endorsed, supervised, or personally approved by any individual founder or instructor; (ii) access to the methodology is dependent on any individual; or (iii) Company's authority, legitimacy, or continuity is tied to the identity, conduct, or availability of any specific person.
c. No Claims Based on Founder Statements or Conduct. Participant acknowledges that no statements, conduct, personal beliefs, opinions, or actions of any individual associated with Company, whether past or present, shall modify, expand, or limit the scope of this Agreement, the certification granted, or Company's rights. Participant waives any claim or defense based on reliance upon any such individual statements or conduct.
d. Survival. This Section shall survive termination, expiration, or revocation of certification.
ARTICLE 12 — GENERAL PROVISIONS
12.1 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Wyoming, United States, without regard to conflicts of law principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Wyoming, United States.
12.2 Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter through good faith negotiation. If negotiation is unsuccessful within thirty (30) days, the parties may pursue mediation before resorting to arbitration.
a. Mandatory Binding Arbitration.Any dispute, claim, or controversy arising out of or relating to this Agreement, the Program, the certification, Participant's participation, or the relationship between the parties (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction solely to protect its intellectual property or confidential information. Arbitration shall be conducted on an individual basis only, in accordance with the rules of the American Arbitration Association (AAA) then in effect, under its Commercial Arbitration Rules.
b. Arbitration Location and Procedure. Unless otherwise agreed by the parties, arbitration shall be conducted in Wyoming, United States, or conducted remotely by videoconference, at the election of Company. The arbitrator shall have the authority to award all remedies available under applicable law, subject to the limitations of liability set forth in this Agreement. Judgment on the arbitration award may be entered in any court having jurisdiction.
c. Class Action and Representative Action Waiver.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT AND COMPANY AGREE THAT ALL DISPUTES SHALL BE BROUGHT SOLELY IN THEIR INDIVIDUAL CAPACITIES. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN: A CLASS ACTION; COLLECTIVE ACTION; PRIVATE ATTORNEY GENERAL ACTION; REPRESENTATIVE ACTION; OR CONSOLIDATED OR MASS ARBITRATION. PARTICIPANT AGREES THAT THEY MAY NOT ACT AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
d. Severability of Class Action Waiver. If a court or arbitrator determines that the class action waiver set forth in this Section is invalid or unenforceable with respect to a particular claim, then that claim shall proceed exclusively in a court of competent jurisdiction, and only that claim, and the remaining provisions of this arbitration agreement shall remain in full force and effect.
e. Waiver of Jury Trial.
PARTICIPANT AND COMPANY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
f. Survival. This Section shall survive termination, expiration, completion of the Program, or revocation of certification.
12.3 Entire Agreement
This Agreement, together with the Human Garage Privacy Policy and any other policies referenced herein, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
12.4 Amendments
Company reserves the right to modify this Agreement at any time. Material changes will be communicated to Participant via email or in-app notification at least thirty (30) days before taking effect. Continued participation in the Program after such notice constitutes acceptance of the modified terms. If Participant does not agree to the modifications, they may terminate enrollment subject to the refund policy in Article 3.
12.5 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this Agreement. The remaining provisions shall continue in full force and effect.
12.6 Waiver
No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise expressly provided in writing.
12.7 Assignment
Participant may not assign, transfer, or delegate their rights or obligations under this Agreement without the prior written consent of Company. Company may assign this Agreement to any successor entity in connection with a merger, acquisition, or sale of substantially all of its assets.
12.8 Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or internet service provider failures (a “Force Majeure Event”). The affected party shall provide prompt notice and use reasonable efforts to resume performance. If a Force Majeure Event continues for more than sixty (60) days, either party may terminate this Agreement without penalty.
12.9 Notices
All notices required or permitted under this Agreement shall be in writing and delivered via: email to the address provided during enrollment; in-app notification through the Human Garage Coaching App; certified mail to the physical address on file. Notices shall be deemed received: (i) when delivered if by email or in-app notification, or (ii) five (5) business days after mailing if by certified mail.
12.10 Survival
The provisions of Articles 5 (Intellectual Property), 7 (Liability and Disclaimers), 8 (Privacy and Data Protection), and 9 (General Provisions) shall survive the termination or expiration of this Agreement.
ACKNOWLEDGMENT OF ELECTRONIC SIGNATURE
By checking the acceptance box on the enrollment page, Participant acknowledges that:
- They have read and understood this Agreement in its entirety
- They voluntarily agree to all terms and conditions
- Their electronic signature is legally binding and has the same force and effect as a handwritten signature
- They have been given the opportunity to download and retain a copy of this Agreement for their records
- They understand that they may contact support@humangarage.net with any questions about this Agreement
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