Upper Edge Physio, LLC
1. REQUIRED ACCEPTANCE OF TERMS
These Terms & Conditions (“Terms”) govern your access to and use of www.upperedgephysio.com (the “Site”), including all Content, Courses, Services, and Products made available through the Site by Upper Edge Physio LLC (the “Company”). Your use of the Site is expressly conditioned upon your acceptance of these Terms.
By accessing, browsing, purchasing from, or otherwise using the Site in any capacity, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, regardless of whether you have reviewed them in their entirety. If you do not agree to these Terms, you must immediately discontinue use of the Site.
2. ELIGIBILITY AND LEGAL CAPACITY
Use of the Site is restricted to individuals who are at least eighteen (18) years of age and capable of entering into legally binding agreements. By accessing or using the Site, you represent and warrant that you meet these requirements. Any use by individuals who do not satisfy these criteria is unauthorized and constitutes a violation of these Terms.
Arbitration Agreement and Waiver of Jury Trial
These Terms & Conditions include a binding arbitration provision that governs the resolution of disputes between you and Upper Edge Physio LLC. By agreeing to these Terms & Conditions, you acknowledge and agree that any claim, dispute, or controversy arising out of or relating to your use of the Site, Courses, Services, and/or Products shall be resolved exclusively through binding arbitration as set forth in Paragraph 19.
By accepting these Terms, you knowingly and voluntarily waive any right you may have to a trial by jury or to have any dispute heard in a court of law, except as otherwise required to enforce or comply with the arbitration agreement.
3. DEFINITIONS
- “Company”, “We”, “Us”, “I”, or “Our” refers to Upper Edge Physio, LLC, including its website and the contact email upperedgephysio@gmail.com.
- “Content” means any and all materials made available on the Site in any format, including written, visual, audio, or video content. This includes, without limitation, emails sent by or on behalf of Upper Edge Physio LLC, materials hosted on www.upperedgephysio.com, and any and all written or Downloadable material Purchased, viewed, or otherwise offered on http://www.upperedgephysio.com, such as graphics, designs, documents, information, templates, and digital materials.
- “Purchase”, “Purchased”, “Purchasing”, “Download”, or “Downloading” refers to any transaction or action in which you obtain access to Content, Courses, Services, and/or Products from the Site. This includes both paid acquisitions and any instance where materials are saved, copied, transferred, or stored on a device, server, cloud service, or other digital system.
- “Personal Information” means data that can identify an individual either directly or when combined with other information. This may include, but is not limited to, your name, email address, phone number, physical address, or geographic location.
- “Site, Courses, Services, and/or Products” means any online, remote, or digital offerings provided by Upper Edge Physio LLC all associated offerings, including pages, subpages, Content, email communications, social media content, videos, coaching services, group programs, courses, guides, eBooks, worksheets, forms, templates and related offerings. Services expressly exclude Physical Therapy Services (as defined below).
- “Physical Therapy Services” means licensed physical therapy evaluation, diagnosis, and treatment provided in-person (not virtual, remote, or online) by Upper Edge Physio LLC within a formal clinical setting and in accordance with applicable state laws. Physical Therapy Services are not provided through the Site or any online, remote, or digital platform.
- “Site” means www.upperedgephysio.com, including all webpages, subpages, sections, and any remote, virtual, or online Content accessible through the domain or its associated platforms.
- “You” or “Your” refers to any individual, user, or customer who accesses, browses, interacts with, or makes use of the Site in any capacity.
4. CONSENT
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and Disclaimer.
By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.
5. NO MEDICAL ADVICE; NO CLINICAL RELATIONSHIP
The information presented on the Site is general in nature and is not tailored to your individual health status or needs. Under no circumstances should such information be relied upon as a substitute for professional medical judgment. It is not designed to replace, override, or serve in place of professional advice, diagnosis, or treatment from any qualified provider. No physician–patient, physical therapist–patient, or other clinical relationship is created, implied, or established through your use of the Site or Services.
This includes, but is not limited to, advice or guidance from a physician, medical doctor, mental health professional, physical therapist, registered dietitian, or any other licensed or qualified healthcare provider you may consult now or in the future.
You acknowledge that any reliance on the information presented on this Site is at your own discretion, and that you should seek appropriate professional guidance before making decisions related to your health or well-being.
6. DUTY TO CONSULT A QUALIFIED PROFESSIONAL
Prior to acting on any information, recommendations, or suggestions provided by Upper Edge Physio LLC, you agree that you will consult with a licensed physician or other qualified healthcare professional. This requirement applies without limitation to decisions involving exercise participation or modification, rehabilitation strategies, nutrition, supplementation, medication use, or any other health-related change. You further agree that you will not ignore, delay, or substitute professional medical consultation based on any content obtained from the Site or Services.
7. USER CONDUCT AND ACCEPTABLE USE
By using the Site, you agree to conduct yourself in a lawful and respectful manner. You shall not engage in any conduct that is abusive, harassing, threatening, defamatory, obscene, or otherwise objectionable. You further agree not to upload, post, or transmit any content that violates applicable law or infringes upon the rights of the Company or any third party.
Unauthorized use, reproduction, distribution, or exploitation of the Company’s Content is strictly prohibited. The Company reserves the right, in its sole discretion, to restrict or terminate your access to the Site or Services for any violation of these Terms.
In addition to the Site Rules above, You agree to conduct Yourself respectfully in all interactions with the Company, its employees, and its other clients. Harassment, abusive behavior, inappropriate conduct, or any communication that is threatening, harmful, or disruptive may result in immediate removal from any coaching program, community platform, or communication channel at the Company’s sole discretion.
8. INTELLECTUAL PROPERTY RIGHTS
All Content is the exclusive property of Upper Edge Physio LLC and is protected under applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Content solely for personal, non-commercial purposes.
Any unauthorized use, reproduction, or distribution of the Content is strictly prohibited and may result in legal action.
9. LIMITED LICENSE GRANT AND USE RESTRICTIONS
Accessing, viewing, or purchasing any portion of the Site, Courses, Services, and/or Products grants you a limited, non-exclusive, non-transferable, and revocable license to use such materials for personal, non-commercial purposes only. By doing so, you acknowledge that all Content has been developed by the Company through substantial investment of time, effort, education, and resources, and that such materials hold significant professional and proprietary value.
This limited license does not confer any ownership rights to you. Any use of the Site, Courses, Services, and/or Products outside the scope of this license is strictly prohibited. You agree not to reproduce, distribute, modify, display, transmit, or otherwise exploit any Content in a manner that is unauthorized, inconsistent with these Terms & Conditions or the Privacy Policy, or in violation of applicable intellectual property laws, unless you have obtained prior written consent from the Company.
10. USER SUBMISSIONS
By submitting any materials, comments, or content to the Company, you represent that you have the legal right to do so. You grant the Company a worldwide, perpetual, royalty-free license to use, reproduce, distribute, and display such materials for business purposes.
11. DISCLAIMER
The Site, Courses, Services, and/or Products (collectively referred to as the “Services”) are intended solely for informational and educational purposes. They are not medical advice and should not be interpreted as diagnosis, treatment, or professional healthcare guidance of any kind. No physician–patient, physical therapist–patient, or other clinical relationship is created, implied, or established through your use of the Site or Services.
Physical Therapy Services are provided by Upper Edge Physio LLC exclusively in-person and only within a formal, locally based clinical setting. Any digital content, remote communication, online programming, virtual coaching, or educational material made available through the Site or Services is separate and distinct from clinical physical therapy care and is not a substitute for in-person evaluation, diagnosis, or treatment.
Nothing contained within the Site or Services should be relied upon as a replacement for professional medical judgment. By using this Site, you expressly acknowledge that the information provided is general in nature and not tailored medical advice.
Content made available through Upper Edge Physio LLC is provided strictly for general educational and informational purposes and reflects the Company’s experience and professional perspective. Under no circumstances should such Content be relied upon as a substitute for individualized medical evaluation, diagnosis, or treatment. While the Company’s owner is a licensed Doctor of Physical Therapy, no physical therapist–patient relationship is created through coaching, programming, or any other online or remote interaction. All Physical Therapy Services are reserved exclusively for in-person care within a formal clinical setting.
Coaching may include guidance on movement strategies intended to support strength, performance, and the management of discomfort; however, these services remain non-clinical in nature. You are solely responsible for consulting with a licensed physician or other qualified healthcare provider prior to initiating or modifying any aspect of your exercise program, nutrition, supplementation, medication use, or lifestyle. By choosing to implement any recommendations, you acknowledge that you do so at your own discretion and risk.
12. THIRD-PARTY WEBSISTES AND EXTERNAL LINKS
The Site may provide links or references to third-party or external websites for your convenience and informational purposes. Accessing these links directs you to platforms that are not owned or controlled by the Company. As such, the Company makes no representations regarding, and assumes no responsibility for, the accuracy, content, or reliability of any information contained on those external sites.
The Company further disclaims any liability related to how third parties collect, use, store, or protect your personal information. This includes, without limitation, their privacy practices, security measures, or the presence or absence of any governing policies. Any interaction you have with a third-party website is undertaken at your own discretion, and you are solely responsible for reviewing and agreeing to that site’s applicable terms, conditions, and privacy policies before providing any information or engaging with its content.
13. PURCHASE AND ACCESS RESTRICTIONS
In connection with your access to or purchase of any Site, Courses, Services, and/or Products, you acknowledge and agree that all materials are provided solely for your individual use and may not be copied, reproduced, distributed, transmitted, or shared in any form that violates these Terms & Conditions. This includes both intentional and unintentional distribution.
You are responsible for maintaining the confidentiality and security of any login credentials, access links, or account information associated with your Purchase or access to Content. You agree to take all reasonable measures to prevent unauthorized use, sharing, or dissemination of such materials. Any misuse, unauthorized distribution, or violation of these Terms may result in immediate termination of access and may be subject to legal enforcement to the fullest extent permitted by applicable law.
14. RESTRICTIONS ON SHARING AND ATTRIBUTION OF CONTENT
Any sharing of the Site or its Content for commercial purposes requires prior written authorization from the Company, which must be obtained via email at upperedgephysio@gmail.com. Absent such written consent, commercial use, reproduction, or redistribution of the Site or its Content is strictly prohibited.
Personal sharing of the Site is permitted; however, when doing so, you agree to provide clear and direct attribution by linking back to the Site. This includes, without limitation, any sharing on social media platforms, personal websites, or other digital channels, and applies to all Content including text, images, video, and other media.
You acknowledge that all Content is the exclusive property of Upper Edge Physio LLC and may not be represented, in whole or in part, as your own. You further agree not to claim authorship, creation, contribution, or ownership of any portion of the Site or its Content, nor may you imply any affiliation, endorsement, partnership, or association with Upper Edge Physio LLC without express written permission.
15. RESULTS DISCLAIMER AND TESTIMONIALS
Any testimonials, feedback, or examples displayed on the Site are provided solely for illustrative purposes. While we strive to ensure they are genuine and accurately represented, they are not intended to guarantee, predict, or imply that You will achieve the same or similar results. These examples should not be interpreted as guarantees, promises, or assurances of any specific outcome.
There is no guarantee that you will achieve the same results, or any particular level of success, from using our Products, Programs, and/or Services. Past outcomes do not predict or ensure future performance.
Your results are dependent on a variety of individual factors, including your own effort, consistency, circumstances, and adherence to recommendations. Accordingly, we do not guarantee any specific health, performance, or other outcomes, and we disclaim any liability for your success or failure in connection with the use or non-use of our Products, Programs, and/or Services.
16. DISCLAIMER OF WARRANTIES
The Site and all Content, including any Courses, Services, and/or Products, are provided on an “as is” and “as available” basis. We make no express or implied warranties or representations regarding the accuracy, completeness, reliability, or suitability of any information contained on or made available through the Site.
To the fullest extent permitted by law, we disclaim any guarantee that the Content is free from errors, omissions, or inaccuracies, or that it will be appropriate for your individual circumstances, needs, or health status.
We also do not warrant that the Site or its Content will always be current or fully up to date, as information may change over time and updates may not be immediate or continuous.
17. RELEASE OF LIABILITY AND ASSUMPTION OF RISK
By accessing or using the Site, or by purchasing, downloading, or engaging with any Courses, Services, and/or Products offered by Upper Edge Physio LLC, you knowingly and voluntarily agree to fully release, waive, and forever discharge Upper Edge Physio LLC, its owners, employees, contractors, affiliates, and representatives from any and all claims, demands, actions, causes of action, liabilities, damages, judgments, losses, or expenses of any kind, whether known or unknown, foreseen or unforeseen, arising out of or in any way connected to your use of the Site or Services.
You further acknowledge and agree that participation in exercise, physical activity, coaching, or training programs carries inherent and unavoidable risks. You voluntarily assume full responsibility for any and all outcomes associated with such participation, including but not limited to injury, aggravation of existing conditions, symptom flare-ups, or other adverse physical effects, regardless of cause.
18. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Upper Edge Physio LLC, including its owners, employees, contractors, and affiliates, shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your access to, use of, or inability to use the Site, or any Courses, Services, and/or Products, including any Purchase or Download thereof.
This limitation applies to all claims, whether based in contract, tort, negligence, strict liability, or any other legal theory, and includes, without limitation, any damages related to personal injury, physical harm, exacerbation of existing conditions, misuse of information, or failure to properly interpret or apply any Content provided.
You acknowledge and agree that any actions taken based on information obtained through the Site or Services are undertaken entirely at your own risk, and that you are solely responsible for your decisions, actions, and results.
To the maximum extent permitted by applicable law, your sole and exclusive remedy for any claim arising out of or relating to negligence, breach of contract, or failure to perform by the Company shall be limited to the amount actually paid by you for the specific Service or Product giving rise to the claim. Under no circumstances shall any liability of Upper Edge Physio LLC exceed such amount.
19. DISPUTE RESOLUTION, BINDING ARBITRATION, GOVERNING LAW, AND JURISDICTION
In the event of any concern, dispute, or claim arising out of or relating to your use of the Site or any Courses, Services, and/or Products provided by Upper Edge Physio LLC, you agree that you will first make a good-faith effort to resolve the matter informally by contacting the Company directly at upperedgephysio@gmail.com. The parties agree to attempt to resolve such dispute in an amicable and reasonable manner prior to initiating any formal proceedings.
If the dispute cannot be resolved informally, you and Upper Edge Physio LLC agree that any and all claims, disputes, or controversies arising out of or relating to these Terms & Conditions, the Privacy Policy, the Disclaimer, or your use of the Site, Courses, Services, and/or Products shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules. The arbitration shall be conducted before a single mutually agreed-upon arbitrator.
By agreeing to these Terms, you knowingly, voluntarily, and expressly waive any right to a trial by jury or to participate in any class action or representative proceeding to the fullest extent permitted by law. The arbitration shall take place within a reasonable distance of Charlotte, North Carolina, unless the parties mutually agree otherwise in writing.
The arbitrator shall have the authority to award only those remedies permitted by applicable law and expressly agreed to herein. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, you agree that the state and federal courts located in the State of North Carolina shall have exclusive jurisdiction solely for the limited purpose of (i) compelling arbitration, (ii) staying litigation pending arbitration, (iii) confirming, enforcing, or entering judgment on an arbitration award, or (iv) granting any interim or injunctive relief permitted under applicable law in aid of arbitration.
These Terms & Conditions, and any dispute arising out of or relating to them, the Site, or any Courses, Services, and/or Products, shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.
20. CONSENT TO SERVICE:
You hereby consent that any legal process, notice, or demand in connection with any dispute arising out of or relating to these Terms & Conditions, the Privacy Policy, the Disclaimer, or your use of the Site, Courses, Services, and/or Products may be served upon you by any method permitted under applicable state or federal law. You further waive any objection to service of process based on venue, forum, or manner of service to the fullest extent permitted by law.
21. PAYMENT, BILLING, AND SUBSCRIPTION TERMS:
By purchasing or downloading any Courses, Services, and/or Products from Upper Edge Physio LLC, whether through the Site or otherwise, you authorize the Company to process payment using your selected payment method, which may include credit card, PayPal, or bank account. You acknowledge and agree that by submitting payment information, you grant the Company permission to initiate recurring or one-time charges as applicable to your purchase. An electronic receipt will be provided following each transaction, which you are responsible for retaining for your records.
In the event your payment method is declined, fails, or is otherwise unable to be processed, access to applicable Courses, Services, and/or Products may be suspended or terminated immediately. You acknowledge that failure of payment does not relieve you of your obligation to pay the full amount owed for any purchase made, and you remain fully responsible for all outstanding balances.
Chargebacks, reversals, or payment disputes initiated without prior written communication with the Company are considered a material breach of these Terms. The Company reserves the right to contest any such chargeback and may report related information to applicable financial institutions and credit reporting agencies as permitted by law. You agree to first contact the Company to attempt resolution prior to initiating any dispute. Any resolved outstanding balance may result in the Company updating or correcting any prior reporting as appropriate.
The Company may, in its sole discretion, approve temporary pauses or holds on 1:1 coaching services or subscription-based programs due to documented extenuating circumstances. Such approval is not guaranteed and must be requested in writing and expressly confirmed by the Company. Where a pause is granted, program access and timelines may be extended accordingly; however, no refunds, credits, or retroactive adjustments will be issued for any time, access, or services already rendered or elapsed prior to the request. Failure to request a pause in advance does not suspend billing obligations or guarantee continued access.
You acknowledge that third-party payment processors may operate under their own terms, privacy policies, and security practices, which are independent of the Company. The Company is not responsible for the actions, policies, or security measures of any third-party payment provider. You further acknowledge that online transactions carry inherent risks outside of the Company’s control, including but not limited to unauthorized access or payment method compromise, and you agree that the Company shall not be liable for any such events.
Any subscription-based product or service, including but not limited to Strength Chasers, is billed on a recurring monthly basis and will automatically renew unless cancelled by you prior to the renewal date. It is solely your responsibility to manage cancellation prior to renewal. Cancellations are not prorated, and no refunds will be issued for partially used billing periods, unused access, or late cancellations.
To the fullest extent permitted by law, you agree to release, discharge, and hold harmless Upper Edge Physio LLC from any and all claims, liabilities, damages, or losses arising out of or relating to your payment, billing, or use of third-party payment processors, and you further agree not to pursue any claims against the Company arising from such transactions except as expressly required by applicable law.
22. REFUND POLICY AND PAYMENT TERMS
The Company makes reasonable efforts, within operational capacity, to ensure client satisfaction with all Courses, Services, and Products offered through the Site. However, all payments are considered final once made, and no refunds will be issued under any circumstances for Services already rendered or Products that have been purchased or delivered.
By completing a purchase, you acknowledge and agree that you are responsible for the full cost of the transaction regardless of your level of use, participation, or satisfaction. Refund requests will not be granted based on unused access, change of mind, or lack of engagement.
If you have questions regarding your purchase or require assistance related to your experience, you may contact the Company at Upperedgephysio@gmail.com.
23. INDEMNIFICATION AND DEFENSE
You agree, at all times, to indemnify, defend, and hold harmless Upper Edge Physio LLC, Kyle Kipping, and each of their respective owners, members, officers, employees, contractors, affiliates, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
(a) any claim brought by you or any third party arising out of or related to your use of the Site or any Courses, Services, and/or Products;
(b) your breach or alleged breach of these Terms & Conditions, the Privacy Policy, or any representations, warranties, or obligations made by you herein; and/or
(c) any act or omission by you, including negligence, misuse of Content, or violation of applicable law in connection with your use of the Site or Services.
This indemnification obligation shall survive termination of your use of the Site and/or Services and remains in full force and effect regardless of the nature of any claim asserted.
24. TERMINATION OF ACCESS
The Company reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to the Site, Courses, Services, and/or Products, including any related Purchases or Downloads, at any time and without prior notice, in the event of any actual or suspected violation of these Terms & Conditions, the Privacy Policy, the Disclaimer, or any other agreement or policy incorporated herein.
Such termination may occur, without limitation, in response to abusive behavior, misuse of Content, fraudulent activity, or any conduct the Company reasonably determines to be inappropriate, unlawful, or inconsistent with the intended use of the Site or Services. Upon termination, your right to access or use the affected materials shall immediately cease.
25. ENTIRE AGREEMENT
These Terms & Conditions, together with the Privacy Policy and Disclaimer, constitute the complete and exclusive agreement between you and Upper Edge Physio LLC with respect to your access to and use of the Site, as well as any Courses, Services, and/or Products offered therein. This agreement supersedes and replaces all prior or contemporaneous understandings, communications, representations, proposals, or agreements, whether written, oral, electronic, or otherwise, relating to the subject matter herein.
No other statements, representations, or agreements shall be binding upon the Company unless expressly set forth in writing and signed or formally approved by an authorized representative of Upper Edge Physio LLC.
26. SEVERABILITY
If any provision, section, subsection, paragraph, sentence, or clause of these Terms & Conditions is determined by a court or other competent authority to be unlawful, invalid, or unenforceable, such determination shall not affect the validity or enforceability of any remaining provisions. The remainder of these Terms & Conditions shall continue in full force and effect as if the unenforceable portion had never been included.
The provisions of these Terms & Conditions are intended to be severable, and any invalid or unenforceable term shall be deemed modified or interpreted to the minimum extent necessary to make it enforceable while preserving its original intent to the greatest extent permitted by law.
27. PRIVACY & SECURITY
These Terms should be read in conjunction with the Company’s Disclosures and Privacy Policy. By using the Site, you acknowledge and agree to all such policies.
28. CHANGES TO THESE TERMS & CONDITIONS
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
29. CONTACT US
If you have any questions, concerns, or requests regarding these Terms & Conditions, you may contact us using the following information:
Upper Edge Physio, LLC
Email: Upperedgephysio@gmail.com
Last updated: April 30, 2026