.png){kind=small}
Terms of Service
Last Revised: May 6, 2025
These Terms and Conditions ("Terms") govern the access to and use of this website marcelablechtova.com ("Website"), including the purchase and use of online fitness courses, private lessons, group lessons, and any other services or content provided by the Website Owner. By accessing or using the Website, or by purchasing Services, you ("User" or "You") agree to be bound by these Terms and our Privacy Policy. If You do not agree with these Terms or the Privacy Policy, please do not use the Website or purchase our Services.
Website Owner:
Marcela Blechová Contact Email: marcela@marcelablechtova.com
1. Eligibility and Acceptance of Terms By accessing or using this Website, You confirm that You are at least 18 years old or the age of legal majority in your jurisdiction, and You are legally capable of entering into a binding contract. You agree to comply with these Terms.
2. Services Provided The Website offers various fitness-related services ("Services"), which may include: a. Access to online courses, delivered in video, audio, text, or downloadable formats ("Courses"). b. Private fitness lessons, delivered live online through scheduled sessions ("Private Lessons"). c. Group fitness lessons, delivered live online through scheduled sessions ("Group Lessons"). d. Free and paid content, including articles, videos, and guides, as specified on each product or service page.
3. Health and Fitness Disclaimer (IMPORTANT) a. You acknowledge that all fitness activities, including those offered through the Website, carry inherent risks of physical injury. You agree that You are voluntarily participating in these activities with knowledge of the dangers involved. b. The content and Services provided on this Website are for informational and educational purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment. c. Always seek the advice of your physician or other qualified health provider with any questions You may have regarding a medical condition or before starting any new fitness program or making changes to your existing routine. Never disregard professional medical advice or delay in seeking it because of something You have read or seen on this Website. d. You represent that You are in good physical condition and have no medical condition that would prevent your full participation in the Services You purchase or use. You agree to assume full responsibility for any risks, injuries, or damages, known or unknown, which You might incur as a result of participating in the Services. e. Marcela Blechová is not a medical professional and any advice or guidance provided is not medical advice.
4. User Accounts To access certain Services, Users may need to create an account. Users agree to: a. Provide accurate, current, and complete information during the registration process. b. Maintain the confidentiality and security of their login credentials (username and password). c. Accept responsibility for all activities that occur under their account, whether or not they have authorized such activities. d. Notify the Website Owner immediately of any unauthorized use of their account. The Website Owner reserves the right to suspend or terminate accounts in cases of misuse, suspected fraud, provision of false information, or violation of these Terms.
5. Payments, Pricing, and Taxes a. All prices for Services are displayed in USD (United States Dollars) and are exclusive of any applicable sales taxes. Sales tax will be added to the price of purchases as required by law, based on your billing address and the applicable sales tax rates. b. Payments are processed securely through third-party payment processors (e.g., Stripe, PayPal). By making a purchase, You agree to: i. Pay the full amount specified at checkout, including any applicable taxes and fees. ii. Ensure that your payment information is accurate, current, and that You are authorized to use the payment method. c. The Website Owner is not responsible for any issues, fees, or charges arising from third-party payment platforms. You are subject to the terms and conditions of the chosen payment processor.
6. Refund and Cancellation Policy a. Digital Courses: Due to the immediate access and downloadable nature of digital Courses, purchases are generally non-refundable once the Course has been accessed or downloaded, except as may be required by applicable state law or as otherwise determined by the Website Owner in its sole discretion. We encourage You to review course descriptions carefully before purchasing. b. Private and Group Lessons: i. Cancellations by the User must be made at least 24 hours before the scheduled lesson time to be eligible for a full refund or to reschedule the lesson without penalty. ii. Late cancellations (less than 24 hours before the scheduled time) or no-shows are non-refundable and non-transferable. c. Cancellation by the Website Owner: If a Course, Private Lesson, or Group Lesson is cancelled by the Website Owner, You will be offered a choice of a full refund for the cancelled Service or an option to reschedule (if applicable).
7. Course and Lesson Access and License a. By purchasing a Course, Private Lesson, or Group Lesson, You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the content and Services for your personal, non-commercial use only, in accordance with these Terms. b. Users may not: i. Share their login credentials or access to the Services with any third party. ii. Record, reproduce, copy, modify, distribute, sell, resell, publicly display, or create derivative works from any content or materials provided through the Services without the prior written permission of the Website Owner. iii. Use the content or Services for any commercial purpose or for the benefit of any third party.
8. Acceptable Use Policy Users agree to use the Website and its Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited behavior includes, but is not limited to: a. Engaging in fraudulent, deceptive, or misleading behavior. b. Uploading or transmitting any harmful, malicious, or disruptive code (e.g., viruses, worms, trojan horses). c. Attempting to gain unauthorized access to the Website, user accounts, or computer systems. d. Harassing, abusing, or harming another person. e. Posting or transmitting any unlawful, threatening, defamatory, obscene, or otherwise objectionable material. f. Attempting to reverse engineer any part of the Website or its Services.
9. Intellectual Property All content, trademarks, service marks, logos, graphics, designs, and other intellectual property displayed on or available through the Website and Services (collectively, "Intellectual Property") are the exclusive property of the Website Owner or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Unauthorized use, copying, or distribution of any Intellectual Property is strictly prohibited.
10. Service Availability and Modifications a. The Website Owner will endeavor to keep the Website and Services operational. However, maintenance, technical issues, or other factors may result in temporary interruptions. b. The Website Owner reserves the right to modify, suspend, or discontinue any part of the Website or Services at any time. For paid Services to which You have already been granted access, reasonable notice will be provided where practicable if such Services are to be substantially altered or discontinued, and options such as a partial refund or alternative service may be considered at the Owner's discretion if the change materially diminishes the value of the purchased Service. c. The Website Owner is not liable for any losses due to such interruptions or modifications, except as required by applicable law.
11. Third-Party Links and Tools The Website may include links to external websites or integrate with third-party tools (e.g., payment processors, video conferencing software). The Website Owner is not responsible for the content, privacy policies, security, or practices of these third parties. Your use of third-party websites and tools is at your own risk and subject to the terms and conditions of those third parties.
12. Limitation of Liability; Disclaimer of Warranties a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WEBSITE OWNER (MARCELA BLECHOVÁ OR YOUR LLC NAME) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. c. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO DAMAGES CAUSED BY THE WEBSITE OWNER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR AS OTHERWISE PROHIBITED BY APPLICABLE LAW. d. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WEBSITE OWNER FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED USD ($100) OR THE AMOUNTS PAID BY YOU TO THE WEBSITE OWNER FOR THE PAST TWELVE MONTHS FOR THE SERVICES IN QUESTION.
13. Indemnification You agree to indemnify, defend, and hold harmless the Website Owner (Marcela Blechová [or Your LLC Name]), its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: a. Your use or misuse of the Website or Services. b. Your violation of these Terms. c. Your violation of any applicable law or the rights of a third party (including intellectual property rights). d. Any content You submit, post, or transmit through the Website.
14. Governing Law and Dispute Resolution a. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of [Your State – e.g., California], USA, without regard to its conflict of law provisions. b. Arbitration Agreement: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. i. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [City, Your State – e.g., Los Angeles, California] before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures [or choose another arbitration provider like AAA and their relevant rules]. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. ii. Waiver of Jury Trial and Class Action: By entering into these Terms, You and the Website Owner are each waiving the right to a trial by jury or to participate in a class action. iii. You may opt-out of this arbitration agreement. If You do so, neither You nor the Website Owner can require the other to participate in an arbitration proceeding. To opt-out, You must notify the Website Owner in writing within 30 days of the date that You first became subject to this arbitration provision. Your written notice must include your name and residence address, the email address You used for your account, and a clear statement that You want to opt-out of this arbitration agreement. Send your opt-out notice to: marcela@marcelablechtova.com. c. Notwithstanding the foregoing, either party may bring an individual action in small claims court.
15. Changes to These Terms The Website Owner reserves the right to revise these Terms at any time by posting the updated Terms on this Website. We will notify You of material changes by posting the new Terms on the Site or by sending you an email notification. Your continued use of the Website or Services after such changes have been posted will constitute your acceptance of the new Terms. The date of the last revision will be indicated at the top of these Terms.
16. Severability If any provision or part of a provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision or part-provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. Entire Agreement These Terms, together with the Privacy Policy (available at [Link to your Privacy Policy]) and any other legal notices published by the Website Owner on the Website, constitute the entire agreement between You and the Website Owner concerning your use of the Website and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.
18. Waiver No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Website Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Contact Information For any questions, concerns, or notices regarding these Terms, refunds, or Services, please contact:
Marcela Blechová [Or Your LLC Name] 123 Fitness Avenue, Suite 100 Anytown, CA 90210, USA Email: marcela@marcelablechtova.com