Terms & Conditions

Welcome to Fit with Mark.

These Terms & Conditions ("Terms") govern your access to and use of fitwithmark.com (the "Website"), operated by Fit with Mark, LLC ("Fit with Mark," "we," "us," or "our").

By accessing or using the Website, submitting information through the Website, or using any content made available through the Website, you agree to these Terms.

If you do not agree with these Terms, please do not use the Website.

1. Eligibility

The Website and Fit with Mark services are intended for individuals who are 18 years of age or older.

By using the Website, you represent that you are at least 18 years old and legally capable of agreeing to these Terms.

2. Website Purpose

The Website provides information about Fit with Mark, our fitness coaching services, client experiences, fitness and nutrition concepts, and related educational content.

Information on the Website is provided for general informational and educational purposes and does not establish a coach-client relationship merely because you visit the Website, submit an inquiry, or request a consultation.

A coaching relationship begins only after Fit with Mark accepts you as a client and any required agreements or onboarding requirements have been completed.

3. Not Medical Advice

Fit with Mark provides fitness, exercise, nutrition, habit, and lifestyle coaching. We are not a medical provider, and content available through the Website is not intended to constitute medical advice, diagnosis, treatment, or emergency care.

Nothing on the Website should be used as a substitute for advice from a physician or other appropriately qualified healthcare professional.

You should consult an appropriate healthcare professional before beginning or materially changing an exercise, nutrition, or wellness program, particularly if you have a medical condition, injury, physical limitation, are pregnant or postpartum, take medication, or have concerns regarding your health.

Never disregard professional medical advice or delay seeking medical care because of information you have read on this Website.

If you believe you are experiencing a medical emergency, seek appropriate emergency medical assistance.

4. Exercise and Fitness Risks

Physical exercise and changes to nutrition or lifestyle may involve inherent risks.

These risks can include, among other things, muscle soreness, strains, sprains, falls, physical injury, aggravation of an existing condition, adverse reactions, and other health consequences.

You are responsible for considering your individual circumstances and obtaining appropriate medical clearance when necessary before participating in physical activity or making significant changes to your nutrition or lifestyle.

General information presented on the Website should not be interpreted as an individualized exercise or nutrition prescription.

5. No Guaranteed Results

Fit with Mark does not guarantee any particular fitness, health, body composition, weight loss, muscle gain, strength, athletic, or other outcome.

Results vary substantially between individuals and may depend on factors including adherence, starting condition, genetics, medical circumstances, lifestyle, sleep, nutrition, training consistency, stress, and other factors outside our control.

Any examples of results discussed on the Website are provided for informational purposes and are not guarantees of what another person will achieve.

6. Client Stories, Testimonials, and Transformations

The Website may feature client testimonials, success stories, photographs, body transformations, measurements, health improvements, or other examples of client experiences.

These examples describe the experiences of particular individuals.

They should not be interpreted as a promise, representation, or guarantee that you will achieve the same or similar results.

Individual results vary.

Where a client discusses changes to a health condition, medication, medical measurement, or other health-related outcome, that account describes the individual's experience and does not constitute a claim that Fit with Mark diagnoses, treats, cures, or prevents any disease or medical condition.

Medical decisions should be made in consultation with an appropriately qualified healthcare professional.

7. Free Body Audit and Consultations

The Website may allow you to request a consultation, body audit, assessment, or similar introductory service.

Submitting a request does not guarantee acceptance into a Fit with Mark coaching program.

We reserve the right to determine whether our services are appropriate for a prospective client.

Information or observations provided during an introductory consultation or body audit are for fitness-coaching and educational purposes and should not be considered medical diagnosis or treatment.

A free consultation does not create an obligation for you to purchase coaching services.

8. Accuracy of Information You Provide

If you submit information through the Website, you agree to provide information that is accurate and complete to the best of your knowledge.

This is particularly important when voluntarily providing information about health concerns, physical limitations, injuries, goals, or other circumstances that could affect your suitability for fitness coaching.

You are responsible for updating Fit with Mark if information relevant to your participation materially changes after becoming a client.

9. Educational Content

We may publish articles, videos, guides, social media content, exercise information, nutrition information, or other educational material.

Such content is intended for a general audience unless expressly stated otherwise.

You should not assume that an exercise, diet, training method, supplement, nutritional strategy, or other recommendation discussed generally is appropriate for your individual circumstances.

10. Intellectual Property

Unless otherwise stated, the Website and its original content are owned by or licensed to Fit with Mark, LLC and are protected by applicable intellectual property laws.

This includes, where applicable:

• Text and written content

• Graphics and designs

• Videos

• Photographs owned by Fit with Mark

• Training and coaching concepts and materials

• Downloadable resources

• Branding

• Website design and original visual elements

You may access Website content for your personal, non-commercial use.

You may not reproduce, republish, distribute, sell, modify, commercially exploit, or create derivative works from our protected content without prior written permission from Fit with Mark, except where applicable law permits such use.

11. Client Images and Testimonials

Client photographs, testimonials, transformation stories, and other client materials displayed on the Website are used with permission or another appropriate legal basis.

Their appearance on the Website does not grant visitors permission to download, reproduce, redistribute, modify, publish, or commercially use those materials.

12. Acceptable Use

You agree not to use the Website in a manner that:

• Violates applicable law

• Infringes another person's rights

• Attempts to gain unauthorized access to the Website or related systems

• Introduces malicious software or harmful code

• Interferes with the operation or security of the Website

• Scrapes, harvests, or systematically extracts Website content without authorization

• Impersonates another person

• Uses Website content for unauthorized commercial purposes

We may restrict or terminate access to the Website where we reasonably believe these Terms have been violated.

13. Third-Party Links and Services

The Website may contain links to third-party websites, platforms, applications, or services.

We do not control and are not responsible for the availability, content, security, accuracy, terms, or privacy practices of third-party services.

Accessing a third-party service is at your own discretion and subject to that provider's applicable terms and policies.

14. Website Availability and Accuracy

We endeavor to provide useful and accurate information but do not warrant that the Website will always be available, uninterrupted, error-free, complete, or current.

Fitness, nutrition, health, technology, and other information may change over time.

We may modify, remove, update, or discontinue Website content or functionality at any time.

15. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.

Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Fit with Mark, LLC and its owners, employees, contractors, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of, or inability to use, the Website or reliance on general Website content.

Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is prohibited by applicable law.

Specific terms governing liability associated with participation in a Fit with Mark coaching program may be contained in a separate client agreement.

17. Privacy

Your use of the Website is also subject to our Privacy Policy, which explains how we collect, use, and protect personal information.

I would make the words Privacy Policy here a clickable link to:

https://fitwithmark.com/privacy-policy

18. Changes to These Terms

We may update these Terms periodically to reflect changes to the Website, our business practices, or applicable requirements.

When changes are made, the "Last Updated" date at the top of this page will be revised.

Your continued use of the Website after updated Terms are posted constitutes acceptance of the updated Terms to the extent permitted by applicable law.

19. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles, except where applicable consumer protection or other laws require otherwise.

Nothing in these Terms is intended to deprive you of mandatory protections available under the laws applicable to you.

20. Contact Us

Questions regarding these Terms may be directed to:

Fit with Mark, LLC
Email: [email protected]