WEBSITE TERMS OF USE
These Website Terms of Use (“Terms”) govern your access to and use of [www.fitnessevolutionstudio.com](http://www.fitnessevolutionstudio.com) and any related webpages, forms, content, and online features operated by Melanie Ash Fitness LLC, an Ohio limited liability company doing business as Fitness Evolution (“Fitness Evolution,” “we,” “us,” or “our”).
By accessing or using this website, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, please do not use the website.
1. ABOUT FITNESS EVOLUTION
Fitness Evolution provides personal training, semi-private training, fitness coaching, assessments, educational content, and related services from its studio located at:
Melanie Ash Fitness LLC
d/b/a Fitness Evolution
4822 N. High Street
Columbus, Ohio 43214
Email: [[email protected]](mailto:[email protected])
References on this website to “Fitness Evolution” mean Melanie Ash Fitness LLC doing business as Fitness Evolution.
2. WEBSITE TERMS VERSUS CLIENT AGREEMENTS
These Terms govern use of this website. They are not a membership agreement, training services agreement, health or fitness waiver, release of liability, promotion agreement, or payment authorization.
If you purchase, enroll in, or participate in Fitness Evolution services, your relationship with Fitness Evolution will also be governed by the agreements and disclosures presented to you during enrollment. Depending on the service, these may include:
* A Training Services Agreement;
* A promotion or offer addendum;
* A waiver and release of liability;
* An informed consent or health acknowledgment;
* An optional media consent;
* A payment authorization; and
* Other legally required notices or disclosures.
If these Website Terms conflict with a signed agreement covering paid training services, the signed agreement controls with respect to those services. Nothing in these Terms waives or limits any right that cannot legally be waived.
3. NO MEDICAL ADVICE
The information provided on this website is for general educational and informational purposes only. It is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease, injury, or medical condition.
Fitness and nutrition information may not be appropriate for every individual. Before beginning or changing an exercise, fitness, nutrition, or wellness program, you should consult an appropriately qualified healthcare professional, particularly if you:
* Have an existing medical condition or injury;
* Are pregnant or recently gave birth;
* Take medication that may affect physical activity;
* Have been advised to restrict exercise; or
* Have concerns about whether a program is appropriate for you.
Do not disregard professional medical advice or delay seeking it because of information found on this website. If you believe you are experiencing a medical emergency, call 911 or seek emergency assistance immediately.
Your participation in an actual Fitness Evolution training program is governed by the health disclosures, informed consents, waivers, and other agreements provided during enrollment.
4. NO GUARANTEE OF RESULTS
Individual fitness results vary. Results depend on factors including attendance, effort, consistency, nutrition, sleep, health status, starting condition, and other circumstances outside Fitness Evolution’s control.
Testimonials, photographs, case studies, examples, and descriptions of client experiences represent individual experiences. They do not guarantee that another person will achieve the same or similar results.
If Fitness Evolution offers a specific written guarantee or refund promotion, that offer will be governed by the eligibility requirements, time limits, exclusions, and claim procedure disclosed with that promotion. General references to satisfaction, confidence, transformation, or results do not create a guarantee unless the specific guarantee terms are provided in writing.
5. ELIGIBILITY AND MINORS
This website is intended for adults and for minors accessing it with the knowledge and supervision of a parent or legal guardian.
A person under eighteen years of age may not independently purchase or enter into an agreement for Fitness Evolution services. Enrollment of a minor must be completed or approved by the minor’s parent or legal guardian, who may also be required to sign a separate consent and release.
6. INFORMATION YOU PROVIDE
You agree that information you submit through this website will be accurate and that you will not impersonate another person or provide information you are not authorized to provide.
Submitting a contact, consultation, assessment, guide-download, trial, or promotional form authorizes Fitness Evolution to use the information to respond to your request, administer the requested offer, and communicate with you as described in the form and our Privacy Policy.
Submitting a form does not by itself create a training relationship, reserve an appointment, establish eligibility for an offer, or bind Fitness Evolution to provide services.
We will not publicly use your name, image, likeness, testimonial, or personal story for advertising merely because you submitted information through the website. Any such marketing use will be subject to a separate authorization or other legally valid permission.
7. EMAIL, TELEPHONE, AND TEXT COMMUNICATIONS
If you provide an email address or telephone number, Fitness Evolution may use it to respond to your inquiry, provide requested information, administer an appointment or enrollment, and send service-related communications.
Marketing email or text-message communications will be sent only as permitted by applicable law and the consent language presented when your information is collected. Consent to receive marketing communications is not a condition of purchasing Fitness Evolution services.
You may unsubscribe from marketing emails using the unsubscribe link in the message. You may opt out of marketing text messages by replying STOP. Message and data rates may apply. Opting out of marketing messages does not prevent Fitness Evolution from sending necessary non-marketing communications concerning an existing appointment, transaction, or client relationship.
8. PROMOTIONS AND OFFERS
Promotions, trials, guarantees, discounts, and limited-time offers may be subject to separate written terms, including eligibility requirements, enrollment deadlines, attendance requirements, limits on prior clients, payment obligations, and refund procedures.
If promotional terms conflict with general marketing content, the specific written terms presented with the promotion control. Promotions are void where prohibited and may be changed or withdrawn before acceptance, subject to applicable law.
Any payment obligation, commitment period, renewal provision, cancellation right, or refund condition will be disclosed in the applicable enrollment or promotion documents rather than created by these Website Terms.
9. ACCEPTABLE USE
You may use this website only for lawful, personal, and legitimate business purposes. You may not:
* Violate any applicable law or regulation;
* Attempt to gain unauthorized access to the website, its systems, or another user’s information;
* Introduce malware, malicious code, or other harmful technology;
* Interfere with the operation, security, or availability of the website;
* Use automated systems to scrape, copy, harvest, or extract website content or personal information without written permission;
* Submit false, fraudulent, harassing, abusive, or unlawful content;
* Misrepresent your identity or affiliation;
* Use the website to infringe another person’s privacy, intellectual property, or other legal rights; or
* Copy or exploit website content for commercial use without our written permission.
We may restrict or terminate access to the website when reasonably necessary to protect Fitness Evolution, its clients, its systems, or other users.
10. INTELLECTUAL PROPERTY
Unless otherwise indicated, the website and its original content—including text, graphics, photographs, videos, logos, branding, program names, designs, and downloadable materials—are owned by or licensed to Melanie Ash Fitness LLC and are protected by applicable intellectual-property laws.
Fitness Evolution grants you a limited, revocable, nonexclusive, nontransferable license to view and use website content for your personal, noncommercial purposes.
You may not reproduce, modify, distribute, sell, license, publicly display, create derivative works from, or commercially exploit website content without our prior written permission, except as permitted by law.
Names, logos, trademarks, and service marks belonging to third parties remain the property of their respective owners.
11. THIRD-PARTY SERVICES AND LINKS
This website may link to or interact with third-party services, including scheduling, client-management, payment-processing, mapping, social-media, analytics, email, or text-message platforms.
Third-party services are governed by their own terms and privacy practices. Fitness Evolution does not control and is not responsible for the independent content, availability, security, or privacy practices of third-party websites or platforms.
A link to a third-party service does not necessarily constitute an endorsement. You should review the applicable terms and privacy notices before providing information to a third party.
12. PRIVACY
Our collection and use of personal information through this website are described in our Privacy Policy. By using the website, you acknowledge that you have had an opportunity to review that policy.
The Privacy Policy should be read together with these Terms, but it does not replace any additional privacy, health-information, payment, or communications disclosures presented during enrollment.
13. WEBSITE AVAILABILITY AND CHANGES
We try to keep the website accurate and available, but we do not promise that it will always be uninterrupted, error-free, secure, or current.
We may correct errors and update, suspend, or discontinue website content or functionality at any time. We are not responsible for temporary unavailability caused by maintenance, third-party services, communications failures, security events, or circumstances outside our reasonable control.
If website information concerning a service, price, promotion, or schedule contains an obvious error, we may correct that error, subject to applicable law and any binding agreement already formed.
14. DISCLAIMER OF WEBSITE WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND ITS GENERAL INFORMATIONAL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
FITNESS EVOLUTION DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR SUITABLE FOR EVERY USER OR PURPOSE.
THIS DISCLAIMER APPLIES TO THE WEBSITE AND ITS GENERAL CONTENT. IT DOES NOT REPLACE OR MODIFY THE EXPRESS TERMS OF A SIGNED TRAINING SERVICES AGREEMENT, A WRITTEN PROMOTIONAL GUARANTEE, OR ANY WARRANTY OR CONSUMER RIGHT THAT CANNOT LEGALLY BE DISCLAIMED.
15. LIMITATION OF LIABILITY FOR WEBSITE USE
TO THE FULLEST EXTENT PERMITTED BY LAW, MELANIE ASH FITNESS LLC AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING SOLELY FROM USE OF, OR INABILITY TO USE, THIS WEBSITE.
THIS SECTION DOES NOT:
* Apply to physical training or services provided under a separate client agreement;
* Limit liability for conduct that cannot legally be limited;
* Waive any non-waivable consumer right or remedy;
* Limit obligations expressly stated in a signed agreement; or
* Affect rights arising from a valid written guarantee or promotion.
Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.
16. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.
Subject to any applicable law requiring a different location, a legal action arising solely from use of this website may be brought in a court of competent jurisdiction located in Franklin County, Ohio. Nothing in this section prevents either party from bringing an eligible claim in small-claims court or exercising a right or remedy that cannot legally be restricted.
These Terms do not impose mandatory arbitration and do not alter the dispute-resolution provisions, if any, in a separately signed client agreement.
Before filing a lawsuit concerning the website, you and Fitness Evolution are encouraged—but not required—to attempt to resolve the issue through good-faith written communication.
17. INDEMNIFICATION FOR WEBSITE MISUSE
To the extent permitted by law, you agree to be responsible for losses, liabilities, claims, or reasonable expenses resulting from your unlawful use of the website, your intentional misuse of website systems, your infringement of another person’s rights, or content you submit in violation of these Terms.
This section does not require you to indemnify Fitness Evolution for Fitness Evolution’s own negligence, unlawful conduct, or breach of its obligations.
18. SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed if necessary. The remaining provisions will continue in effect.
19. NO WAIVER
A failure by Fitness Evolution to enforce a provision of these Terms does not waive the right to enforce that provision or another provision in the future.
20. CHANGES TO THESE TERMS
We may update these Terms to reflect changes in the website, our practices, or applicable law.
Changes apply prospectively when posted unless a different effective date is stated. Material changes will not retroactively alter an existing signed client agreement.
Your continued use of the website after updated Terms become effective constitutes acceptance of the revised Terms. If you do not agree with an update, you should stop using the website.
21. ENTIRE AGREEMENT REGARDING WEBSITE USE
These Terms and the Privacy Policy constitute the agreement between you and Fitness Evolution concerning general use of this website.
They do not replace a Training Services Agreement, promotion addendum, waiver and release, informed consent, payment authorization, media consent, or another document executed in connection with Fitness Evolution services.
22. CONTACT US
Questions about these Terms may be directed to:
Melanie Ash Fitness LLC
d/b/a Fitness Evolution
4822 N. High Street
Columbus, Ohio 43214
Email: [[email protected]](mailto:[email protected])
