Health & Fitness Disclaimer

HEALTH AND FITNESS DISCLAIMER 1. PURPOSE This Health and Fitness Disclaimer ("Disclaimer") applies to all persons who use the services offered by Physical Presence LLC, a New Mexico limited liability company ("Company," "we," "us," or "our"), through the website located at https://physicalpresenceco.com (the "Website") and related communications. This Disclaimer explains important limitations on the nature of our services, our role in your health and fitness journey, and your obligations and risks as a user and client. Please read this Disclaimer carefully before engaging our services. 2. NOT MEDICAL ADVICE The services provided by Physical Presence LLC, including personalized online fitness coaching, training guidance, general nutrition guidance, habit coaching, and ongoing follow-up (collectively, the "Services"), are educational and informational in nature. They are not medical advice, medical services, medical diagnosis, medical treatment, medical nutrition therapy, or any form of healthcare delivery. Our coaches and service providers are not physicians, registered dietitian nutritionists, or other licensed healthcare professionals unless explicitly stated in writing by the Company. The guidance, recommendations, suggestions, and feedback you receive through our Services do not constitute: - A medical examination or evaluation - A diagnosis of any medical condition - A treatment plan for any disease, illness, injury, or medical condition - Medical nutrition therapy or therapeutic diet recommendations - Prescription of supplements, medications, or medical devices - A substitute for professional medical advice, diagnosis, or treatment - A substitute for consultation with a registered dietitian, physician, or other licensed healthcare professional The Services are intended solely to provide general educational information about fitness training, general nutrition principles, habit formation, and lifestyle coaching. Individual circumstances vary, and general information does not account for your unique medical history, physiology, medications, allergies, or health status. 3. CONSULT A PROFESSIONAL BEFORE STARTING Before beginning any fitness program, changing your diet, taking supplements, or making significant lifestyle changes, you must consult with your physician or another qualified healthcare professional, especially if any of the following apply to you: - You have been diagnosed with, or suspect you may have, any medical condition, disease, or illness - You are taking any prescription medications or over-the-counter medications - You are pregnant, breastfeeding, or attempting to become pregnant - You have a history of eating disorders - You have a history of heart disease, high blood pressure, diabetes, or any other cardiovascular or metabolic condition - You have joint pain, arthritis, back pain, or any existing injury - You have been sedentary for an extended period - You are recovering from surgery or an acute illness - You are over the age of forty and have not exercised regularly - You have any other health concerns or risk factors Your physician or healthcare provider is responsible for evaluating your individual health status and determining whether our Services are appropriate and safe for you. Do not rely on information from the Company or our coaches to make healthcare decisions. Obtain personalized medical and nutritional advice from licensed professionals who know your full medical history and can conduct a proper evaluation. 4. NO GUARANTEE OF RESULTS Physical Presence LLC makes no guarantee, representation, or warranty regarding the results you will achieve through use of our Services. The Company does not promise, and you should not expect: - Weight loss or a specific amount of weight loss - Weight gain or muscle gain - Increased strength or endurance - Changes in body composition or body fat percentage - Achievement of any aesthetic or fitness goal - Results within any specific timeframe - Results that match the results of other clients or individuals Results from fitness training and lifestyle changes vary significantly from person to person based on individual factors including but not limited to genetics, age, sex, baseline fitness level, metabolism, adherence to guidance, overall diet and lifestyle, sleep quality, stress levels, medical conditions, medications, and many other variables beyond the Company's control. Some individuals may see significant results; others may see minimal or no results despite following guidance precisely. Testimonials, before-and-after photos, case studies, or success stories shown on our Website or in our communications represent individual experiences only. They do not reflect typical results, do not guarantee your results, and may not be representative of what you will experience. 5. TESTIMONIALS AND INDIVIDUAL RESULTS Any testimonials, success stories, case studies, progress photos, or client stories presented by Physical Presence LLC on the Website, in email communications, on social media, or elsewhere represent the individual experiences and results of particular clients. These individuals may have unique circumstances, genetics, dedication levels, or other factors that are not applicable to you. Testimonials and success stories are not typical. Results vary widely. The fact that one person achieved a particular result does not mean you will achieve the same result. We do not represent testimonials as being typical or representative of what average clients experience. Any testimonials we display have been provided by actual clients, but we make no independent verification of the claims made in testimonials. Individuals providing testimonials may have received our Services for free, at a discount, or in exchange for the testimonial itself, and this may bias their statements. You should not rely on testimonials in making a decision to purchase our Services or in forming expectations about what results you will achieve. 6. ASSUMPTION OF RISK AND RESPONSIBILITY You acknowledge and accept that participating in fitness training activities, making dietary changes, and following any guidance provided through our Services carries inherent physical, mental, and medical risks, including but not limited to: - Muscle soreness, muscle strain, or muscle injury - Joint pain or joint injury - Ligament or tendon injury - Fracture - Cardiovascular stress or heart attack - Stroke - Adverse reaction to supplements or nutritional products - Allergic reaction - Exacerbation of pre-existing medical conditions - Mental health impacts - Death By using our Services, you voluntarily assume all risks associated with fitness training, dietary changes, and lifestyle modification. You accept full responsibility for any injury, illness, or adverse outcome that may result from your participation in any fitness activities or from your implementation of any guidance provided through our Services, regardless of whether such outcome results directly from our coaching or from other causes. You are solely responsible for: - Evaluating whether our Services are appropriate for you - Obtaining appropriate medical clearance before starting any fitness program - Using proper form and technique during exercise - Modifying or stopping any exercise if you experience pain or discomfort - Listening to your body and not pushing beyond safe limits - Disclosing all relevant medical information to healthcare professionals and to us - Making informed decisions about dietary changes and supplements - Seeking immediate medical attention if you experience any acute symptoms 7. EMERGENCY SITUATIONS If you experience chest pain, severe shortness of breath, dizziness, fainting, severe pain, acute injury, or any other medical emergency, do not contact Physical Presence LLC. Call emergency services immediately by dialing 911 (in the United States) or the appropriate emergency number in your country. Our Services are delivered remotely and are not appropriate for addressing medical emergencies. In any emergency situation, you must contact local emergency services directly. 8. RELATIONSHIP TO TERMS OF SERVICE This Health and Fitness Disclaimer is incorporated into and made part of the Terms of Service for Physical Presence LLC's Website and Services. In the event of any conflict between this Disclaimer and the Terms of Service, the terms that provide greater protection to you as a client will apply to the extent permitted by law. Your use of our Website or engagement of our Services constitutes your acknowledgment that you have read this Disclaimer, that you understand it, that you agree to be bound by it, and that you accept all disclaimers, limitations, and assumptions of risk set forth herein. 9. GOVERNING LAW AND CONSUMER RIGHTS This Disclaimer is governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law principles. However, nothing in this Disclaimer is intended to waive or limit any mandatory consumer rights, protections, or remedies that apply in your country of residence, including but not limited to European Union consumer law or Spain consumer law. If you are a consumer located in a jurisdiction that provides mandatory consumer protections, those protections remain in effect notwithstanding any language in this Disclaimer. 10. CONTACT INFORMATION If you have questions about this Health and Fitness Disclaimer or about our Services, please contact us at: Physical Presence LLC 1209 Mountain Road Pl NE, Ste R Albuquerque, NM 87110 United States Email: info@physicalpresenceco.com Website: https://physicalpresenceco.com 11. EFFECTIVE DATE This Health and Fitness Disclaimer is effective as of September 8, 2026, and applies to all use of our Website and Services on or after that date.