Mackey Body General Disclaimer and Release of Liability

1. Acknowledgment and Acceptance of Risks

By subscribing to the Mackey Body App or participating in the Mackeybody: 6wk Transform Challenge Challenge, you acknowledge and agree that your involvement is solely at your own risk. You agree to fully assume responsibility for any risks, injuries, or damages, known or unknown, which might occur as a result of participating in the app’s programs or the challenge.


2. Fitness and Health

You affirm that you are in good physical condition and do not suffer from any known disability or condition which would prevent or limit your participation in the programs offered by Mackey Body. You acknowledge that your enrollment and subsequent participation is purely voluntary and in no way mandated by Mackey Body.


3. Program Details and Participant Requirements

Program Description

The Mackeybody: 6wk Transform Challenge is a results-based fitness program offered by Mackey Body. Participation is free of charge upon meeting specific results criteria, as detailed below.

Security Deposit & Fees

A refundable security deposit of $149 USD is required to enter the Mackeybody: 6wk Transform Challenge. The commitment deposit will be fully refunded if the Participant achieves either:

A weight loss of 15-20 pounds, ORA reduction of at least 5% body fat, verified by Mackey Body.

For custom programs and/or 1:1 coaching, fees are non-refundable and included in the total enrollment fee. Only the commitment deposit portion is eligible for a refund if the Participant meets the criteria.

Skin-in-the-Game Clause

The security deposit incentivizes the Participant to fully commit to the Mackeybody: 6wk Transform Challenge.

Refund Eligibility Criteria

To qualify for a refund, the Participant must:

Meet the specified weight loss or body fat percentage goals within six (6) weeks.Submit before and after photos clearly showing their physical transformation.Submit a video showing their before and after photos to verify authenticity.Grant permission for Mackey Body to use their transformation photos and videos for promotional purposes.

Chargeback Prohibition

By signing this Agreement, the Participant waives their right to initiate a chargeback or dispute the $149 deposit with their bank or credit card company unless Mackey Body does not provide the service promised.

Program Commitment

The Participant agrees to actively follow the fitness and nutrition plans provided by Mackey Body and attend any scheduled check-ins or coaching sessions.


4. Data Use and Media Release

Media Release

The Participant grants Mackey Body the irrevocable right to use their submitted photos, videos, and testimonials for promotional and marketing purposes. These materials may be used across social media, websites, and other promotional channels.

Confidentiality and Privacy

Personal data will be protected as per Mackey Body's Privacy Policy. Only transformation media, with the Participant’s explicit consent as outlined here, will be made public.


5. Content and Material Use

Mackey Body provides fitness and nutrition content, including but not limited to workout programs, diet plans, and instructional videos. This content is for informational purposes only and is not intended as medical advice. Always consult with a healthcare professional before starting any new exercise or nutrition program.


6. Challenge Participation Requirements

By participating in the Challenges, you agree to adhere to the rules and guidelines set forth by Mackey Body. This includes the submission of any required materials such as progress photos. Failure to comply with these guidelines may result in disqualification from refund eligibility or prize eligibility.


7. Health and Safety

Health Declaration

The Participant confirms they are in good health and capable of participating in the Mackeybody: 6wk Transform Challenge.

Medical Consultation

The Participant is encouraged to consult with a healthcare provider before starting the Challenge, especially if they have pre-existing health conditions.

Limitation of Liability

Mackey Body and its affiliates will not be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, arising from your participation in the app’s programs or the challenges.


8. Termination and Non-Compliance

Termination

Mackey Body reserves the right to terminate the Participant’s enrollment if they fail to follow the program guidelines, engage in inappropriate behavior, or violate this Agreement. Termination does not entitle the Participant to a refund unless specific refund criteria have been met.

Disqualification from Refund

Failure to submit required photos, videos, or follow the program guidelines will result in forfeiture of the deposit.


9. Non-Refundable Fees

Custom Services

Fees for custom meal plans, VIP Group, and coaching services are non-refundable under any circumstances. Only the commitment deposit portion of the total $149 Challenge Entry enrollment fee is eligible for a refund based on results.


10. Subscription and Purchase Terms

At the end of your trial, your subscription will automatically roll over to the selected plan, and you will be billed on a recurring basis unless canceled. All purchases with Mackey Body are final. You may cancel your membership at any time; however, we do not offer refunds for any payments already made.


11. Intellectual Property Rights

All content provided through the Mackey Body App or during the Challenges, including but not limited to workout programs, diet plans, and instructional videos, is the property of Mackey Body and is protected by intellectual property laws. You agree not to copy, redistribute, transmit, assign, or sublicense any content or materials provided.


12. Consent for Marketing Communications

Email Marketing

By subscribing, you agree to receive email marketing, including newsletters, promotions, and updates. You can unsubscribe at any time.

SMS/MMS Marketing

By providing your phone number, you opt into receiving SMS/MMS messages, which may include offers, promotions, and updates. You can opt-out at any time by replying “STOP.”

A2P Compliance

Our SMS marketing efforts comply with A2P messaging regulations and guidelines.


13. Changes to Terms

We reserve the right to modify these terms and our marketing programs. Changes will be communicated in advance.


14. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of FL, without regard to its conflict of laws principles.


15. Agreement

By subscribing to the Mackey Body App or participating in the Challenges, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms.


16. Contact Us

For all questions or concerns, feel free to email us at info@mackeybody.com or text us at +1 833-396-1554.

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