Monster Fitness and Wellness

Terms and Conditions

Effective Date: December 26, 2025

These Terms and Conditions ("Terms") govern your access to and use of the services provided by Monster Fitness and Wellness ("Company," "we," "us," or "our"), a West Virginia-based personal training and wellness company. The services include personal training sessions (in-person, group, or virtual), fitness assessments, program design, wellness coaching, and any general nutritional guidance or discussions ("Services").

By accessing, purchasing, or participating in any Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use or participate in the Services.

1. Nature of Services

We provide personalized fitness training, wellness coaching, and general non-medical nutritional guidance. Services may include exercise instruction, program design, fitness assessments, and informal discussions on nutrition or supplements. All nutritional or supplement-related information is general in nature and not personalized medical or dietary advice.

2. Client Health and Responsibilities

You represent that you are in suitable physical condition to participate in the Services and have no known health conditions that would make participation unsafe.
You agree to consult a physician before beginning any exercise or wellness program and to obtain medical clearance if necessary.
You must promptly inform the Company of any changes in your health, injuries, or medications.
The Company is not a medical provider, and Services are not intended to diagnose, treat, or cure any medical condition.

3. Nutritional and Supplement Guidance Disclaimer

Any discussions, suggestions, or information provided regarding nutrition, diet, or supplements—whether before, during, or after sessions—are for general informational purposes only. This information is not medical, therapeutic, or personalized nutrition advice. The Company and its trainers are not physicians, registered dietitians, or licensed nutritionists. You should always consult a qualified healthcare professional before making changes to your diet, taking supplements, or following any nutritional guidance. The Company assumes no responsibility for any outcomes related to your use of such information.

4. Assumption of Risk

You acknowledge that participation in physical exercise and wellness activities involves inherent risks, including but not limited to injury, illness, or aggravation of existing conditions. You voluntarily assume all such risks associated with the Services.

5. Release and Waiver of Liability

To the fullest extent permitted by applicable law:

You hereby release, waive, discharge, and covenant not to sue the Company, its owners, trainers, employees, agents, contractors, and affiliates (collectively, "Released Parties") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, illness, or death that may occur in connection with the Services.
This release includes, without limitation, any claims related to training instruction, exercise programs, nutritional or supplement discussions/advice (before, during, or after sessions), equipment use, or any other aspect of the Services, whether caused by negligence of the Released Parties or otherwise.
You agree to indemnify and hold harmless the Released Parties from any claims, losses, or expenses (including attorney fees) arising from your participation.

Important Notes on Enforceability:

This waiver does not apply to claims arising from gross negligence or intentional misconduct.
In New York, waivers releasing liability for ordinary negligence in connection with recreational facilities (including gyms and places offering physical training) are generally void and unenforceable under General Obligations Law § 5-326.
In Pennsylvania and West Virginia, such waivers are generally enforceable for ordinary negligence if clearly drafted. Enforceability depends on specific circumstances and state law.

6. Payments, Scheduling, Cancellations, and Refunds

Fees for Services will be as quoted or published on the website.
Payments are due in advance unless otherwise agreed. Packages are non-refundable and non-transferable except as provided below or required by law.
Sessions require advance scheduling. Cancellations with less than 24 hours' notice may result in forfeiture of the session and full charge.
Unused sessions or packages may expire after a specified period (typically 12 months).

Refunds and Cancellations: We comply with applicable state laws for clients in New York, Pennsylvania, and West Virginia:

Refunds may be provided on a case-by-case basis for medical reasons (with documentation), relocation, or other extenuating circumstances, prorated for unused Services.
In New York and Pennsylvania, specific consumer protections under health club laws may apply to certain contracts for physical training services, including rights to cancel for disability, death, relocation (>25 miles), or facility unavailability, with prorated refunds.
West Virginia has no specific health club statute requiring mandatory refunds beyond general consumer protections.

7. Photo/Video Release

You grant the Company permission to use any photographs, videos, or testimonials from Services for promotional purposes unless you notify us in writing to opt out.

8. Termination

The Company may refuse or terminate Services at any time for safety, non-payment, or other reasons. Additional cancellation rights may apply under state law as noted above.

9. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of West Virginia, except where preempted by mandatory consumer protection laws in New York or Pennsylvania for residents of those states. Disputes shall be resolved in courts located in West Virginia, subject to applicable state venue requirements.

10. Miscellaneous

These Terms constitute the entire agreement regarding the Services.
If any provision is held invalid, the remainder remains in effect.
The Company reserves the right to update these Terms; continued use constitutes acceptance.