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Terms and Conditions

Effective Date: August 20, 2025

These Terms & Conditions (“Terms”) govern your access to and use of the websites, apps, content, programs, coaching, and other services provided by Jonathan Marbas Services LLC d/b/a Jonathan Marbas Fitness (“Company,” “we,” “us,” or “our”). The Company is based in Las Vegas, Nevada (Clark County).

By accessing or using our site(s) or purchasing/participating in any service, you agree to these Terms. If you do not agree, do not use our services.

1) Who We Are / What These Terms Cover

These Terms apply to: our website(s), portals, communities, courses, digital products, online personal training/coaching, group programs, challenges, newsletters, emails, SMS, and any other offerings we link to these Terms (collectively, the “Services”).

2) Eligibility & Accounts

  • You must be 18+ to use the Services. Ages 13–17 may participate only with a parent/guardian’s consent and supervision.

  • You are responsible for your account credentials and for all activity under your account. Notify us immediately of any unauthorized access.

3) Health, Fitness & Medical Disclaimer (Read Carefully)

  • Informational/Educational Only. The Services provide fitness education and general wellness information. We do not provide medical, nursing, or dietetic services, and the Services are not a substitute for professional medical advice, diagnosis, or treatment.

  • Consult Your Physician. Before starting or changing any exercise, nutrition, or wellness program—especially if you are pregnant, postpartum, nursing, have diabetes, high cholesterol, heart, respiratory, orthopedic, or other medical conditions—consult a licensed healthcare professional.

  • Stop if You Feel Unwell. If you experience faintness, dizziness, pain, shortness of breath, or other concerning symptoms, stop immediately and seek medical attention.

  • No Outcome Guarantees. Results vary based on many factors (e.g., genetics, effort, adherence). We do not guarantee any specific weight loss, performance, or health outcome.

4) Assumption of Risk; Release & Waiver

By participating in any fitness or related activity through the Services, you knowingly and voluntarily:

  1. Assume all risks of injury (including serious injury or death) and property damage arising from exercise and related activities; and

  2. Release and discharge the Company, its owners, employees, contractors, and agents from any and all claims, demands, or causes of action, known or unknown, arising out of or related to your participation, to the fullest extent permitted by law.

If you are a parent/guardian permitting a minor to use the Services, you accept the above on the minor’s behalf.

5) Coaching Sessions, Scheduling, & Community Conduct

  • Scheduling/Rescheduling. Sessions are by appointment. You may reschedule ≥24 hours before the start time via the method we specify. Missed or late-canceled sessions (<24 hours) may be forfeited and/or charged.

  • Group Programs & Recordings. To improve coaching and protect the community, we may record live sessions. By participating, you consent to recording and limited internal use. You agree not to share or repost recordings without our written permission.

  • Conduct. Be respectful. No harassment, hate speech, threats, illegal activity, spam, or sharing others’ personal data. We may remove you from a program or community for violations, without refund.

6) Purchases, Subscriptions, Trials & Refunds

  • Payment. You authorize us (and our payment processors, e.g., Stripe) to charge your provided payment method for all purchases, subscriptions, taxes, and fees.

  • Auto-Renewal. Unless otherwise stated, subscriptions auto-renew for successive periods at the then-current rate until canceled. You can cancel at any time; cancellation stops future renewals but does not retroactively refund past charges or the current term.

  • No Refunds (Unless Stated). All sales are final unless a specific product page or order confirmation explicitly offers a refund or guarantee and you meet its conditions.

  • Chargebacks. If you dispute a charge, contact us first. Unresolved, bad-faith, or improper chargebacks may result in account suspension and collection.

7) Intellectual Property & License

  • Our Content. All programs, videos, PDFs, workouts, text, graphics, logos, and other materials are owned by us or our licensors and protected by IP laws.

  • Your License. We grant you a limited, personal, non-transferable, non-sublicensable, revocable license to access and use the Services for your own personal, non-commercial use.

  • Restrictions. You may not copy, distribute, sell, reverse engineer, frame, scrape, modify, or create derivative works from the Services or content without our prior written consent.

  • User Content. If you submit content (e.g., posts, comments, progress updates), you grant us a worldwide, royalty-free license to host, display, and operate that content in connection with the Services. You represent you have rights to all content you upload.

8) Testimonials & Reviews

Testimonials or reviews may reflect individual experiences and do not guarantee results. Some may be edited for length/clarity. If compensation or free product was provided, we disclose as required by law.

9) Communications; SMS/Email Marketing

  • By providing contact information, you consent to receive service-related and marketing communications (email/SMS). Message & data rates may apply.

  • You can opt out of marketing emails via “unsubscribe” and SMS by replying STOP. Service/transactional notices may still be sent where permitted.

10) Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and share personal information (including any health-related data you choose to provide). Please review it carefully.

11) Acceptable Use & Prohibited Activities

You agree not to:

  • Use the Services for unlawful purposes or violate any applicable laws.

  • Upload malware, attempt to gain unauthorized access, or interfere with security or operation of the Services.

  • Infringe others’ IP, privacy, or publicity rights.

  • Use bots, scrapers, or automated means without our permission.

  • Share your account or access credentials with others.

We may suspend or terminate access for violations.

12) Third-Party Links & Tools

We may link to or integrate third-party sites, apps, tools, or payment processors. We do not control and are not responsible for those third parties. Your use is subject to their terms and privacy policies.

13) Disclaimers of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT RESULTS WILL MEET YOUR EXPECTATIONS.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) USD $100.

Some jurisdictions do not allow certain limitations; some of the above may not apply to you.

15) Indemnification

You agree to defend, indemnify, and hold harmless the Company and our owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; or (c) your violation of any law or third-party right.

16) Governing Law; Arbitration; Class Action Waiver (Clark County, Nevada)

Governing Law. These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-law rules.

Binding Arbitration. Except for small-claims matters that may be brought in Clark County small claims court, and claims for injunctive relief regarding intellectual property or data security, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in Clark County, Nevada before a single arbitrator under the rules of a reputable arbitral forum (e.g., AAA or JAMS). The arbitrator may award any relief available in court, subject to these Terms.

Class Action/Jury Waiver. You and we waive any right to a jury trial and agree that disputes will be resolved only on an individual basis; no class, consolidated, or representative actions are permitted. If a court finds the class waiver unenforceable as to a particular claim, that claim must proceed in court; the remainder will proceed in arbitration.

Time Limit. Any claim must be filed within one (1) year after it arose or be permanently barred.

17) Suspension & Termination

We may suspend or terminate your access to the Services (and/or any account) at any time for any reason or no reason, including violations of these Terms. You may stop using the Services at any time. Provisions that by their nature should survive (e.g., IP, disclaimers, limitations, indemnity, arbitration) shall survive termination.

18) Changes to Terms or Services

We may update these Terms or modify/ discontinue parts of the Services at any time. Material changes will be posted with an updated “Effective Date.” Your continued use after changes means you accept the updated Terms.

19) Miscellaneous

  • Severability. If any provision is found unenforceable, the rest remain in effect.

  • No Waiver. Our failure to enforce a provision is not a waiver.

  • Assignment. You may not assign these Terms without our consent. We may assign or transfer them in connection with a merger, sale, or reorganization.

  • Entire Agreement. These Terms (plus any product-specific terms and our Privacy Policy) are the entire agreement between you and us regarding the Services.

  • Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.

20) Contact Us

Questions or notices regarding these Terms can be sent to:
Jonathan Marbas Services LLC d/b/a Jonathan Marbas Fitness
Las Vegas, Nevada (Clark County)
Email: [email protected]