Terms of Use

1Acceptance and scope

These Terms of Use are a binding agreement between you and Fuel and Form Fitness, LLC, a Florida limited liability company, doing business as Fuel and Form Fitness (“Fuel and Form Fitness,” “we,” “us,” “our”).

In these Terms, “the Sites” means the website at fuelandformfitness.com and any of its subdomains; any landing page, microsite, opt-in form, quiz, survey, scheduling page, or advertising destination we operate, wherever it is hosted; any lead form we run on a third-party advertising platform, including LinkedIn Lead Gen Forms and similar formats on other networks; and all content, guides, downloads, emails, text messages, and other materials we make available through them (together, the “Materials”).

By accessing the Sites, submitting a form, downloading Materials, or communicating with us, you accept these Terms and our Privacy Policy, which is incorporated here by reference. If you do not accept them, do not use the Sites or the Materials.

2Eligibility

The Sites, the Materials, and our services are intended only for individuals who are at least 18 years old and located in the United States. By using them you represent that you are at least 18, that you have the legal capacity to enter this agreement, and that any information you give us is accurate and your own.

3Not medical advice

Matt is a licensed registered nurse. He does not act as your nurse, clinician, or healthcare provider through Fuel and Form Fitness, is not providing licensed nursing services in this capacity, and is not practicing nursing in your state. Any clinical background described on the Sites informs how coaching is delivered; it does not convert coaching into healthcare.

Always seek the advice of your physician or another qualified healthcare provider before starting, changing, or stopping any exercise, nutrition, supplement, or health program, and with any question about a medical condition. Never disregard professional medical advice or delay seeking it because of anything you read or are told through the Sites, the Materials, or coaching. If you think you may have a medical emergency, call your doctor or 911 immediately.

We are not registered dietitians and we do not provide prescription meal plans. Every recommendation we make — including any guidance on caloric intake, macronutrient targets, fluid intake, recipes, supplements, or meals — is educational only, and you use it at your own discretion and risk. We do not diagnose, treat, cure, or prevent any disease. We do not prescribe, adjust, or advise on any medication. If you have or may have a medical condition, are pregnant or postpartum, have an eating disorder or history of disordered eating, take prescription medication, or are under a physician's care, you must obtain your provider's clearance before acting on anything we provide, and you must tell us of any limitation your provider sets.

4Assumption of risk

Physical exercise and changes to nutrition carry inherent risks, including muscle strain, sprains, fractures, heat illness, dehydration, aggravation of existing conditions, cardiac events, serious injury, permanent disability, and death. These risks cannot be eliminated.

You are solely responsible for judging your own capabilities and limits, for exercising in a safe environment with appropriate equipment, and for stopping immediately and seeking medical attention if you experience pain, dizziness, shortness of breath, chest discomfort, or any other symptom. You agree to give us complete and accurate information about your health, injuries, limitations, and medications, and to update us promptly if anything changes. We rely entirely on the accuracy of what you tell us.

5No guarantee of results

Individual results vary and depend on factors outside our control, including genetics, age, medical history, medication, sleep, stress, adherence, effort, and circumstances. We make no representation, warranty, or guarantee of any particular result, including weight loss, weight gain, body composition change, strength, performance, energy, appearance, or improvement in any health marker.

Any testimonial, quotation, statistic, case study, before-and-after description, or example of results that appears on the Sites or in the Materials reflects the experience of a specific individual. It is not typical, is not a promise, and should not be understood as what you or anyone else will achieve. Statements about a person's role or title are provided by that person. No compensation is paid for testimonials unless expressly stated.

6Coaching services

The Sites describe our coaching services. Nothing on the Sites is an offer to provide coaching, and submitting a form or making an enquiry does not create a coaching relationship. We select the clients we work with at our sole discretion and may decline anyone for any lawful reason.

If we agree to work together, coaching is governed by a separate written agreement — The Fitness Coaching Agreement — which every client signs and which covers scope, duration, fees, scheduling, cancellation, refunds, confidentiality, waiver, and dispute resolution. If anything in that agreement conflicts with these Terms, that agreement controls for the coaching relationship; these Terms continue to govern your use of the Sites and Materials.

Response-time commitments, session frequency, and program features described on the Sites are descriptions of how we normally work, not contractual guarantees, and are subject to the coaching agreement, reasonable interruptions, holidays, illness, and events outside our control.

7Free materials and license

We provide guides, playbooks, checklists, templates, and similar Materials at no charge. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use them for your own personal, non-commercial use only.

You may not, without our prior written permission: reproduce, republish, distribute, sell, rent, license, or share the Materials; post them on any website, file-sharing service, or social platform; use them to train, coach, or advise any other person, whether or not for payment; create derivative works from them; use them in any commercial product or service; remove any branding, notice, or attribution; or use them, or any content from the Sites, to develop, train, or fine-tune any machine learning or artificial intelligence system, or permit any automated system to scrape or harvest them.

We may modify, suspend, or withdraw any Material at any time without notice, and we may revoke this license at any time.

8Intellectual property

The Sites and Materials — including all text, design, layout, graphics, photographs, logos, programs, protocols, methods, systems, and their selection and arrangement — are owned by Fuel and Form Fitness or its licensors and are protected by copyright, trademark, trade dress, and other laws. All rights not expressly granted are reserved.

“Fuel and Form Fitness,” the Fuel and Form Fitness logo, and the FF monogram are our trademarks and trade dress. You may not use them without our prior written permission. Training programs, nutrition frameworks, tracking systems, and coaching methods we develop remain our property, including where they are customized for you; you receive only the license described in section 7 or in your coaching agreement.

9Your submissions and testimonials

If you send us feedback, a review, a testimonial, a photograph, a message, a suggestion, or any other content (“Submissions”), you grant Fuel and Form Fitness a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, adapt, excerpt, publish, translate, distribute, and display that Submission, in whole or in part, in any medium now known or later developed, for any business purpose including marketing — with or without attribution, and using your first name, last initial, job title, or industry, at our discretion.

We may edit a Submission for length, clarity, or grammar provided the edit does not change its substance. We will not publish your full name, photograph, or any identifying detail without your separate written permission, and you may withdraw permission for future use at any time by emailing us, though we are not required to recall material already distributed.

Public comments

If you choose to say anything publicly about your experience with Fuel and Form Fitness — a review, a social media post, a recommendation on a professional network, a comment, or any similar public disclosure — you grant us the right to reshare, repost, quote, excerpt, and otherwise repurpose that content to market and promote our business, on any platform and in any medium. That grant includes any licenses to the copyright in your post and the right to use your name, image, and likeness to the extent they are attached to it. We may still choose to publish it without your name.

You represent that each Submission is your own, is truthful, reflects your honest experience, and does not infringe anyone's rights. We are under no obligation to keep a Submission confidential, to pay for it, or to use it. Suggestions and ideas you send us may be used freely and without compensation.

10Acceptable use

You agree not to: use the Sites or Materials for any unlawful purpose; impersonate anyone or misrepresent your affiliation; submit false, misleading, or another person's information; interfere with or disrupt the Sites or their security; attempt to gain unauthorized access to any system or account; introduce malware; use any robot, spider, scraper, or automated means to access, monitor, or copy the Sites or Materials; frame or mirror any part of the Sites; reverse engineer any part of them; harvest contact information; send unsolicited communications to us or to anyone through us; or use the Sites in any way that could damage, disable, or impair them, or interfere with anyone else's use.

We may investigate any suspected violation and may involve and cooperate with law enforcement.

11Email and text messaging

When you provide your email address, you agree to receive emails from us as described in our Privacy Policy. Every marketing email includes an unsubscribe link.

SMS terms

If you affirmatively opt in by checking the text-message consent box on one of our forms, you agree to receive recurring marketing and informational text messages from Fuel and Form Fitness at the mobile number you provided, including messages sent using an automated system.

• Consent is not a condition of purchasing any goods or services.
• Message frequency varies — typically 2–4 messages per month.
• Message and data rates may apply. We do not charge for messages; your carrier may.
• To opt out, reply STOP to any message. You will receive one confirmation and no further marketing messages.
• For help, reply HELP or email matt@fuelandformfitness.com.
• Carriers are not liable for delayed or undelivered messages, and we are not responsible for any carrier's act or omission.
• Supported carriers may change at any time without notice.
• You represent that you are the subscriber or the customary user of the number you provide and are authorized to consent for it. You agree to notify us promptly if you give up that number, and to indemnify us for any claim arising from your failure to do so.

Text messages are not a means of urgent or emergency communication. Do not use them to report a medical problem. Full details are in section 4 of our Privacy Policy.

12Third-party links and services

The Sites and Materials may reference or link to third-party websites, products, services, tools, applications, and providers. These are provided for convenience only. We do not endorse, control, or take responsibility for them, for their content, availability, accuracy, safety, or practices, or for any transaction between you and them. Any dealing with a third party is solely between you and that third party.

Any mention of a food, supplement, brand, product, device, or application is informational and is not a recommendation to purchase or a warranty of any kind.

13Disclaimer of warranties

We do not warrant that the Sites or Materials will be uninterrupted, timely, secure, error-free, or free of viruses, that any defect will be corrected, or that any information is accurate, complete, current, or suitable for you. Nutrition and exercise science evolves, and general guidance may not apply to your circumstances. You use the Sites and Materials entirely at your own risk and are solely responsible for any decision you make based on them.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

14Limitation of liability

These limits apply to all claims, whether based in contract, warranty, negligence, strict liability, or any other theory, and reflect a reasonable allocation of risk and an essential basis of the bargain between us. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, gross negligence, willful misconduct, or personal injury to the extent the law prohibits such limitation. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

15Release

If you are a resident of a state whose law limits a general release as to unknown claims, you knowingly waive the benefit of that limitation to the fullest extent permitted, including California Civil Code section 1542 and any similar provision, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

16Indemnification

You agree to defend, indemnify, and hold harmless Fuel and Form Fitness and its owner, employees, contractors, agents, and affiliates from and against all claims, liabilities, damages, judgments, awards, losses, costs, and expenses — including reasonable attorneys' fees — arising out of or relating to: your use of the Sites, Materials, or services; your violation of these Terms or any law; any information you provide us, including inaccurate or incomplete health information; any Submission you make; your violation of any right of a third party; and any claim arising from a mobile number you provided that you were not authorized to provide.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with that defense. You will not settle any matter affecting us without our prior written consent.

17Dispute resolution and arbitration

Informal resolution first

Before starting arbitration, you agree to try to resolve the dispute informally by emailing matt@fuelandformfitness.com with a written description of the dispute and the relief you seek. We will do the same. If it is not resolved within 60 days, either party may begin arbitration. This step is a condition of starting arbitration, and any limitation period is tolled while it runs.

Agreement to arbitrate

Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms, the Sites, the Materials, or any service — including its formation, interpretation, breach, termination, enforceability, and the scope of this arbitration agreement — will be resolved exclusively by final and binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect (or, where those rules do not apply, its Commercial Arbitration Rules). The Federal Arbitration Act governs this section.

Arbitration will be conducted by a single arbitrator, in Palm Bay, Florida or, at your election, by telephone, videoconference, or on documents alone. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may award only the relief available in an individual action under applicable law and may not award relief affecting anyone other than the parties.

Class action waiver

Exceptions

Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information. Nothing here prevents you from reporting a matter to a government agency.

Opt out

You may opt out of this arbitration agreement by emailing matt@fuelandformfitness.com with the subject line “Arbitration Opt-Out,” along with your name and the email address you used with us, within 30 days of first accepting these Terms. Opting out affects nothing else in these Terms and will not disadvantage you in any way.

Time limit on claims

18Governing law and venue

These Terms and any dispute arising from them are governed by the laws of the State of Florida, without regard to its conflict of laws rules, and by the Federal Arbitration Act as to section 17. To the extent any matter proceeds in court rather than arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Brevard County, Florida, and waive any objection based on inconvenient forum. You waive any right to a trial by jury in any such proceeding, to the fullest extent permitted by law.

The Sites are operated from the United States. We make no representation that the Sites or Materials are appropriate or available elsewhere, and you are responsible for compliance with your own local laws.

19Termination

We may suspend or terminate your access to the Sites and Materials, and may decline to provide or continue any service, at any time, for any reason, with or without notice. On termination, the license in section 7 ends and you must stop using and delete the Materials. Sections 3, 4, 5, 7, 8, 9, 13, 14, 15, 16, 17, 18, and 20 survive termination.

20General provisions

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Sites and Materials, and supersede all prior understandings, except that a signed coaching agreement controls the coaching relationship where it conflicts.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to be enforceable, or severed, and the rest remains in full force.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them freely, including in a merger or sale of assets.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including illness, natural disaster, outage, or act of any third-party provider.
• No third-party beneficiaries. These Terms create no rights in anyone other than you and us, except for the parties we indemnify or release.
• Relationship. Nothing here creates a partnership, joint venture, employment, agency, or fiduciary relationship between us.
• Notices. We may give notice by email to the address you provided or by posting on the Sites. Notice to us must be sent to the address in section 22.
• Headings. Headings are for convenience only and do not affect interpretation.

21Changes to these Terms

We may change these Terms at any time. When we do, we will update the “Last updated” date, and for material changes we will provide additional notice on the Sites or by email. Your continued use of the Sites or Materials after a change takes effect means you accept the revised Terms. If you do not accept them, stop using the Sites and Materials.

22How to contact us