Website Terms of Use
 

 

Last updated: July 18, 2026

These Website Terms of Use (“Terms”) govern your access to and use of the Jacob Kelly Fitness website, including its pages, articles, videos, forms, downloads, and other publicly available content.

By accessing or using the website, you agree to these Terms. Do not use the website if you do not agree with them.
 

1. Website Owner

This website is operated by Jacob Kelly Fitness LLC (“Jacob Kelly Fitness,” “JKF,” “we,” “us,” or “our”).

Contact information appears at the end of these Terms.
 

2. Eligibility

The website is intended for users age 18 or older.

By submitting a consultation request, application, or other form, you represent that the information you provide is accurate and that you are legally capable of consenting to the communication requested.

A parent or legal guardian must contact Jacob Kelly Fitness regarding potential services for a minor. A separate written agreement may be required.
 

3. Informational and Educational Purpose

Website content is provided for general informational and educational purposes only.

The website does not provide:

• Medical diagnosis or treatment;

• Emergency care;

• Physical therapy or rehabilitation;

• Mental-health treatment;

• Medical nutrition therapy;

• Medication or supplement prescriptions; or

• Individualized professional healthcare advice.

General fitness or nutrition information is not a substitute for evaluation or advice from a physician, registered dietitian, physical therapist, mental-health professional, or other qualified licensed provider.

Do not disregard professional medical advice or delay seeking care because of information found on this website.

For a medical emergency, call 911 or the appropriate local emergency number.
 

4. Exercise and Nutrition Risks

Exercise, physical activity, dietary changes, and lifestyle changes involve risks. These may include injury, aggravation of an existing condition, illness, allergic reaction, disability, or death.

You are responsible for deciding whether an activity is appropriate for you, selecting a safe environment, inspecting equipment, using appropriate technique and loads, and obtaining medical clearance when warranted.

Stop exercising and seek appropriate professional care if you experience chest pain, fainting, severe shortness of breath, sudden weakness, neurological symptoms, severe or unusual pain, or another alarming symptom.

Public website content is not individualized coaching and does not account for your medical history, physical condition, equipment, environment, or limitations.
 

5. No Coaching Relationship Created

Visiting the website, viewing content, submitting a contact form, communicating with Jacob Kelly Fitness, or participating in an initial consultation does not by itself create a client-coach relationship.

A coaching relationship begins only after:

• Jacob Kelly Fitness accepts you as a client;

• Required onboarding and health-screening steps are completed;

• Applicable agreements are accepted or signed; and

• Required payment or enrollment procedures are completed.

The separate Client Onboarding & Service Agreement governs enrolled coaching services, including health screening, assumption of risk, payment, cancellation, and client responsibilities.
 

6. Contact Forms and Electronic Communications

When submitting a website form, you agree to provide accurate, current, and complete information.

By providing your contact information and selecting the applicable consent box or submitting a form containing an appropriate consent disclosure, you authorize Jacob Kelly Fitness to contact you regarding your inquiry, consultation, scheduling, and potential services by the communication methods identified in the disclosure.

Consent to receive marketing text messages is not required as a condition of purchasing services. Message and data rates may apply.

You may withdraw consent to future text messages by replying STOP or contacting us. You may opt out of promotional emails through the unsubscribe method included in the message or by contacting us.
 

7. No Guarantee of Results

Jacob Kelly Fitness does not guarantee any particular:

• Weight loss;

• Muscle gain;

• Strength increase;

• Body-fat percentage;

• Health improvement;

• Athletic performance;

• Appearance;

• Time frame; or

• Other result.

Results depend on numerous factors, including effort, adherence, health status, biological differences, sleep, nutrition, stress, schedule, environment, and circumstances outside our control.

Testimonials, examples, photographs, case studies, estimates, and past results are illustrative only. They do not guarantee that another person will obtain the same or similar result.
 

8. Intellectual Property

Unless otherwise stated, the website and its content—including text, graphics, logos, videos, photographs, programming concepts, downloads, designs, methods, branding, and other materials—are owned by or licensed to Jacob Kelly Fitness and are protected by applicable intellectual-property laws.

You receive a limited, revocable, nonexclusive, nontransferable license to access the website for personal, noncommercial use.

Without prior written permission, you may not:

• Copy or reproduce substantial website content;

• Sell, sublicense, publish, distribute, or commercially exploit content;

• Remove copyright, trademark, or proprietary notices;

• Use JKF branding in a manner suggesting endorsement or affiliation;

• Upload paid or restricted materials publicly;

• Scrape, harvest, or systematically extract website content; or

• Use website content to create a competing service or product.
   

 

9. Acceptable Use

You may not use the website to:

• Violate any applicable law;

• Submit false, misleading, fraudulent, or impersonated information;

• Harass, threaten, or harm another person;

• Transmit malware, malicious code, or disruptive material;

• Attempt unauthorized access to an account, server, database, or system;

• Interfere with the operation or security of the website;

• Collect information about other users without authorization; or

• Use automated means to access the website in a manner that imposes an unreasonable burden.

We may restrict or terminate access when we reasonably believe these Terms have been violated.
 

10. Third-Party Platforms and Links

The website may link to or integrate with third-party services, including scheduling tools, Trainerize, payment processors, social-media platforms, video services, and external websites.

Third-party services are governed by their own terms, availability, and privacy practices. Jacob Kelly Fitness is not responsible for third-party content, security, accuracy, availability, or conduct.

A link does not necessarily constitute an endorsement.
 

11. Website Availability and Accuracy

We may update, modify, suspend, or discontinue any part of the website without notice.

We make reasonable efforts to provide useful and accurate information, but website content may contain errors, omissions, outdated information, or technical problems. We do not warrant that the website will always be available, uninterrupted, secure, or error-free.

You are responsible for verifying information before relying on it for an important health, financial, legal, or personal decision.
 

12. Disclaimer of Warranties

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

Jacob Kelly Fitness disclaims warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, availability, and security to the fullest extent permitted by law.

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

13. Limitation of Liability

To the fullest extent permitted by law, Jacob Kelly Fitness and its owner, employees, contractors, agents, 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 public website content.

This includes losses arising from reliance on general information, third-party links, technical interruptions, unauthorized access, or decisions made without individualized professional evaluation.

Nothing in these Terms limits liability for gross negligence, reckless or intentional misconduct, or another liability that cannot lawfully be limited.
 

14. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Jacob Kelly Fitness and its owner, employees, contractors, agents, and representatives from third-party claims, damages, liabilities, costs, and expenses arising from your unlawful use of the website, infringement of another person’s rights, or material violation of these Terms.
 

15. Privacy

Your use of the website and submission of information are also governed by the Jacob Kelly Fitness Privacy Policy.
 

16. Changes to These Terms

We may update these Terms periodically. Updated Terms will be posted on this page with a revised “Last updated” date.

Your continued use of the website after revised Terms become effective constitutes acceptance of those Terms, except where additional affirmative consent is required by law.
 

17. Governing Law and Disputes

These Terms are governed by the laws of the State of New Hampshire, without regard to conflict-of-law principles.

Before filing a lawsuit, the parties will make a good-faith effort to resolve the dispute through direct written communication, except when emergency relief, a government complaint, collection action, or small-claims filing is reasonably necessary.

Subject to applicable jurisdiction and venue requirements, a legal proceeding may be brought in a state or federal court with jurisdiction in New Hampshire.

Nothing in these Terms limits a nonwaivable consumer right or the right to contact a government agency.
 

18. Severability and Waiver

If any provision of these Terms is found invalid or unenforceable, it will be narrowed or severed to the minimum extent necessary, and the remaining provisions will continue in effect.

Failure to enforce a provision does not waive the right to enforce it later.
 

19. Contact Information

Questions regarding these Terms may be directed to:

Jacob Kelly Fitness
Email: jacobkellyfitness@gmail.com

​
 

14. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Jacob Kelly Fitness and its owner, employees, contractors, agents, and representatives from third-party claims, damages, liabilities, costs, and expenses arising from your unlawful use of the website, infringement of another person’s rights, or material violation of these Terms.
 

15. Privacy

Your use of the website and submission of information are also governed by the Jacob Kelly Fitness Privacy Policy.
 

16. Changes to These Terms

We may update these Terms periodically. Updated Terms will be posted on this page with a revised “Last updated” date.

Your continued use of the website after revised Terms become effective constitutes acceptance of those Terms, except where additional affirmative consent is required by law.
 

17. Governing Law and Disputes

These Terms are governed by the laws of the State of New Hampshire, without regard to conflict-of-law principles.

Before filing a lawsuit, the parties will make a good-faith effort to resolve the dispute through direct written communication, except when emergency relief, a government complaint, collection action, or small-claims filing is reasonably necessary.

Subject to applicable jurisdiction and venue requirements, a legal proceeding may be brought in a state or federal court with jurisdiction in New Hampshire.

Nothing in these Terms limits a nonwaivable consumer right or the right to contact a government agency.
 

18. Severability and Waiver

If any provision of these Terms is found invalid or unenforceable, it will be narrowed or severed to the minimum extent necessary, and the remaining provisions will continue in effect.

Failure to enforce a provision does not waive the right to enforce it later.
 

19. Contact Information

Questions regarding these Terms may be directed to:

Jacob Kelly Fitness
Email: jacobkellyfitness@gmail.com