Effective Date: 5.7.2026
These Terms of Use (“Terms”) govern your access to and use of the Booked To Capacity website (https://bookedtocapacity.com) and related services (collectively, the “Site”) provided by Booked To Capacity, a DBA of Little Red Hen LLC, a Michigan limited liability company (“Booked To Capacity,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms and our Privacy Policy. If you do not agree, please discontinue use of the Site.
If you become a Client of Booked To Capacity, additional terms in this document also govern your service relationship with us.
1. Definitions
- “User”: Anyone accessing or using the Site.
- “Client”: A business or individual who engages Booked To Capacity for marketing services under a paid engagement.
- “Services”: Marketing services provided by Booked To Capacity to Clients, which may include Google Ads management, local SEO, content creation, conversion tracking, reporting, and strategic consultation.
- “Site Content”: All content provided by Booked To Capacity on the Site, including articles, tools, calculators, graphics, and marketing materials.
- “Strategy Call”: A no-cost initial consultation booked through the Site for the purpose of evaluating fit between the prospect and Booked To Capacity.
2. License to Use the Site
Subject to these Terms, Booked To Capacity grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for informational and business purposes. You may view, download, and print Site Content solely for your own use, provided you retain all copyright and proprietary notices.
3. The Strategy Call
The Strategy Call is a free, approximately 30-minute conversation offered through the Site. By booking a Strategy Call, you understand and agree that:
- The Strategy Call is informational and exploratory; it does not constitute an offer, contract, guarantee, or binding agreement.
- Any estimates, projections, or recommendations discussed during the call are directional and based on incomplete information; they are not promises of future results.
- A Service relationship between you and Booked To Capacity begins only when both parties have signed a separate written Service Agreement and the first invoice has been paid.
4. Service Engagements
For Clients who engage Booked To Capacity for paid Services, the following terms apply:
Initial Term and Renewal
Service engagements begin with an initial term of ninety (90) days from the engagement start date. After the initial term, the engagement automatically renews on a month-to-month basis. Either party may terminate the engagement at any time after the initial term by providing thirty (30) days written notice prior to the next renewal date.
No partial months will be prorated upon cancellation. The Client remains responsible for the full final month’s fees following notice.
Fees and Payment
- Monthly retainer fees are invoiced on the first business day of each month for that month’s Services.
- Fees are due upon receipt of invoice. Payment is required before the first business day of the month for Services to continue uninterrupted.
- If the engagement begins on a date other than the first of the month, the first month’s fee will be prorated based on business days remaining.
- Accepted payment methods include PayPal, ACH, and other electronic methods as agreed in writing.
- If payment is not received within ten (10) business days of the due date, Booked To Capacity may (a) charge a 1.5% monthly finance charge on outstanding balances (or the maximum permitted by law, whichever is lower), (b) pause Services until payment is received, and/or (c) terminate the engagement.
Ad Spend (Separate from Retainer)
Advertising budget for Google Ads or other paid platforms is paid directly by the Client to the platform. Ad spend is not included in the monthly retainer and is not invoiced by Booked To Capacity. Booked To Capacity does not mark up, redistribute, or take a percentage of ad spend.
Account Ownership
The Client owns all marketing accounts associated with their business, including but not limited to:
- Google Ads account
- Google Business Profile
- Google Analytics
- Meta Ads account (if applicable)
- Any landing pages, ad copy, blog content, and tracking configurations created during the engagement
Booked To Capacity operates these accounts under granted administrative or manager-level access only. Upon termination of the engagement, Booked To Capacity will remove its access from all Client-owned accounts within five (5) business days. Clients retain full ownership and continued use of all assets created during the engagement with no licensing fee or transfer cost.
Call Tracking (CallRail): Call tracking infrastructure is provisioned through Booked To Capacity’s CallRail Agency Partner account. During the engagement, the Client has full use of all call tracking features and may export call recordings and data at any time. Upon termination, ongoing call tracking service through Booked To Capacity’s account ends. At the Client’s option and request, Booked To Capacity will assist the Client in establishing a direct CallRail account and migrating phone numbers and configurations, subject to CallRail’s account transfer policies and any associated CallRail fees.
Scope of Services
Services include those agreed in the Service Agreement, which may incorporate by reference the scope described on the Booked To Capacity Pricing page or in a related proposal. Standard Services typically include:
- Paid advertising management: Google Ads campaigns, including keyword research, ad copy, audience targeting, bid management, and conversion tracking
- Conversion-focused landing pages: Custom landing pages built to support paid advertising campaigns and local SEO efforts
- Local SEO and on-site content: Optimization of Google Business Profile, creation of local-focus organic landing pages, and ongoing site improvements where current content is unclear or underperforming
- Blog content: Regular original blog posts written for the practice’s local market and target searches
- Service page development: Creation or improvement of practice service pages (such as treatment-specific pages) when needed to support marketing performance
- Site content updates: Improvements to existing homepage and key pages where current content is hindering conversion or SEO performance
- Call tracking and analytics: CallRail setup, tracking configuration, and call performance reporting
- ROI reporting: Monthly reporting tying marketing activity to booked consultations and patient starts
- Strategic consultation: Direct access to Booked To Capacity for marketing-related questions, recommendations, and planning
Services do not include:
- Patient communication, scheduling, or front desk operations
- Practice management software setup or support
- Legal, accounting, HIPAA compliance, or regulatory consulting
- Web development or design beyond what is reasonably necessary for marketing landing pages and content updates
- Services explicitly listed as “not included” in the engagement agreement
Additional services outside the agreed scope may be available by separate agreement and quoted on a case-by-case basis.
Reporting and Analytics Access
As part of Services, Booked To Capacity may provide Client access to a marketing performance dashboard (“Dashboard”) operated by Booked To Capacity. The Dashboard aggregates performance data from advertising platforms, analytics tools, and call tracking to display marketing activity, performance metrics, and ROI calculations. Booked To Capacity uses commercially reasonable security practices to protect data displayed in the Dashboard. Client access to the Dashboard ends upon termination of the engagement; final reports will be provided in standard exportable formats within ten (10) business days of termination.
Communication and Responsiveness
Booked To Capacity will respond to Client communications within one business day under normal circumstances, and typically much sooner. Clients agree to provide reasonable timely access to required accounts, assets, and approvals to enable Services to be delivered effectively.
5. Client Warranties and Indemnification
Client-Provided Materials
Clients warrant that any materials, content, code, scripts, data, images, logos, or reports provided to Booked To Capacity for use in marketing work are either owned by the Client or properly licensed for the intended use. Clients agree to hold harmless, defend, and indemnify Booked To Capacity from any claim, suit, or liability arising from the use of such Client-provided materials.
Compliance
Clients are responsible for ensuring that their business operations, claims about services, and any regulated industry requirements (including healthcare advertising rules, HIPAA, state dental and orthodontic regulations, and FTC advertising guidelines) are met. Booked To Capacity will use industry-standard practices in creating marketing content but does not provide legal compliance review.
6. Intellectual Property
Site Content
All Site Content is owned or licensed by Booked To Capacity and protected by copyright, trademark, and other intellectual property laws. Except as permitted, you may not copy, modify, distribute, or create derivative works without prior written consent.
Work Product
Marketing assets created for Clients during paid engagements (including ad copy, landing pages, blog posts, tracking configurations, and reports) are owned by the Client upon delivery and full payment for the period in which they were created.
Portfolio and Case Study Rights
Booked To Capacity retains the right to reference completed work in its portfolio, on the Site, and in marketing materials, including general descriptions of strategies and anonymized performance metrics. Use of Client name, logo, or specific identifiable data in case studies requires prior written Client consent.
7. Confidentiality
Each party agrees to keep confidential any non-public business, financial, marketing, or operational information shared by the other party in the course of the engagement. Confidential information includes but is not limited to: pricing, internal strategy, patient data summaries, account performance data, methodologies, and proprietary processes. Confidentiality obligations survive termination of the engagement for a period of two (2) years.
This confidentiality provision does not prevent either party from disclosing information that (a) is or becomes publicly available through no fault of the receiving party, (b) was rightfully known prior to disclosure, (c) is required to be disclosed by law, or (d) is independently developed without reference to the other party’s confidential information.
8. Third-Party Links and Resources
The Site may link to external sites or embed third-party content. Booked To Capacity does not control or endorse those sites and assumes no responsibility for their content or practices.
9. Disclaimers
No Guarantees
While Booked To Capacity strives to deliver measurable results for Clients, marketing outcomes depend on many factors outside any single party’s control, including local market conditions, practice capacity, treatment mix, current marketing baseline, competitive activity, search engine algorithm changes, and platform policy changes. Past results do not guarantee future performance.
Calculators and Estimating Tools
Tools provided on the Site, including the ROI Calculator, produce directional estimates only. These estimates rely on assumptions about marketing-driven growth, conversion rates, and case values. Actual results will vary. Outputs from these tools are not predictions, guarantees, or representations of guaranteed performance. They are intended as planning tools to inform discussion during a Strategy Call.
“As-Is” Basis
The Site and all Site Content are provided “as-is” without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose, merchantability, or non-infringement.
10. Limitation of Liability
To the maximum extent permitted by law, Booked To Capacity, Little Red Hen LLC, and their respective members, officers, employees, and affiliates (collectively, “Booked To Capacity Parties”) will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or Services.
For Site usage, total liability of the Booked To Capacity Parties is capped at $100. For paid Service engagements, total liability of the Booked To Capacity Parties is limited to the amount of fees paid by the Client to Booked To Capacity during the three (3) months immediately preceding the event giving rise to the claim.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Michigan without regard to conflict of laws principles. Disputes shall be resolved in the state or federal courts located in Kent County, Michigan, and you consent to personal jurisdiction there. Both parties agree to attempt good-faith resolution through direct conversation before pursuing formal legal action.
12. Force Majeure
Neither party will be liable for delays or failures to perform due to causes beyond reasonable control, including natural disasters, acts of government, network failures, platform outages, or pandemics.
13. Termination
Termination of Site Access
Booked To Capacity may suspend or terminate your access to the Site for violation of these Terms or other policies. Upon termination, all licenses granted cease, and you must destroy any downloaded materials.
Termination of Service Engagements
Either party may terminate a Service engagement after the initial 90-day term with 30 days written notice as described in Section 4. Booked To Capacity may also terminate immediately for non-payment as described in Section 4. Upon termination:
- Booked To Capacity will remove its access from all Client accounts within five (5) business days
- Client retains full ownership of all marketing accounts and assets created during the engagement
- Booked To Capacity will provide a final reporting summary within ten (10) business days
- Outstanding invoices remain due and payable
14. Severability
If any provision is found invalid or unenforceable, the remaining provisions will remain in effect and be construed to fulfill the original intent.
15. Waiver
Failure to enforce any right does not constitute a waiver of that right. Waivers must be in writing.
16. Electronic Communications
By using the Site or engaging Services, you consent to electronic communications and agree that such communications satisfy any legal requirement for written notice.
17. Entire Agreement
These Terms and any signed Service Agreement constitute the entire agreement between you and Booked To Capacity regarding the Site and Services, superseding any prior agreements.
18. Changes to Terms
Booked To Capacity may update these Terms at any time by posting a revised version with a new Effective Date. Continued use of the Site or continued engagement as a Client signifies acceptance of revised Terms. For material changes affecting active Service engagements, Booked To Capacity will provide thirty (30) days notice to Clients before changes take effect.
19. Contact
For questions or concerns regarding these Terms, email hello@bookedtocapacity.com.
Last Updated: 5.7.2026