TERMS & CONDITIONS
Effective Date: September 10, 2026
Welcome to the website of Functional Elements Training & Nutrition (“Functional Elements,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your use of www.functionalelements.net (the “Site”), including your use of Site content and your purchase of products or services offered through the Site.
By accessing or using the Site or purchasing an offering through the Site, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Site.
1. ABOUT FUNCTIONAL ELEMENTS
Functional Elements Training & Nutrition provides personal training, nutrition counseling, fitness assessment, body-composition analysis, educational resources, and related health and fitness services.
We are located at:
Functional Elements Training & Nutrition
12619 Olive Blvd.
Creve Coeur, MO 63141
Email: functionalelements@gmail.com
2. WEBSITE USE
The Site is provided for informational, educational, commercial, and communication purposes.
You agree to use the Site only for lawful purposes and not to:
Interfere with the operation or security of the Site.
Attempt to gain unauthorized access to the Site or related systems.
Use automated systems to scrape, copy, harvest, or extract Site content in a manner that violates these Terms or applicable law.
Use the Site to transmit unlawful, harmful, fraudulent, or malicious material.
Impersonate another person or misrepresent your identity.
Use the Site or its content in a manner that infringes the rights of Functional Elements or others.
We may restrict or terminate access to the Site for conduct that violates these Terms or applicable law.
3. EDUCATIONAL CONTENT AND PROFESSIONAL SERVICES
Articles, videos, emails, social media content, downloadable materials, website information, and other general educational content provided by Functional Elements are intended for general informational and educational purposes.
General Site content is not individualized medical advice, diagnosis, treatment, physical therapy, or individualized nutrition counseling and should not be relied upon as a substitute for services from an appropriate qualified professional.
Individualized services provided directly to Functional Elements clients are different from general website content.
Functional Elements' registered and licensed dietitian may provide individualized nutrition counseling, specific nutrition plans, and nutrition interventions related to certain health or medical conditions when appropriate and within the dietitian's education, qualifications, licensure, and professional scope of practice.
Functional Elements trainers and other professionals provide services within their respective qualifications and scopes of practice.
Nothing on the Site should be interpreted as providing services outside the applicable professional's lawful scope of practice.
4. EXERCISE AND HEALTH CONSIDERATIONS
Physical exercise and fitness activities involve inherent risks, including the possibility of injury or adverse health events.
Before beginning an exercise, fitness, or nutrition program, you are responsible for considering your individual health circumstances and seeking appropriate medical or professional guidance when warranted.
Participants are responsible for providing Functional Elements with accurate and relevant information concerning known injuries, physical limitations, health conditions, medications, or other circumstances that may reasonably affect their participation.
If you experience pain, dizziness, shortness of breath, illness, injury, or other concerning symptoms, you should stop the applicable activity and seek appropriate professional or medical attention.
Nothing in these Terms replaces the separate waivers, informed-consent documents, client agreements, or other forms Functional Elements may require before participation.
5. PARTICIPANT WAIVERS AND SERVICE AGREEMENTS
Participation in Functional Elements training, nutrition, assessment, or other services may require completion of separate documents, including liability waivers, informed-consent forms, health questionnaires, payment authorizations, membership agreements, or other policies.
Those documents are incorporated into the applicable relationship between Functional Elements and the participant.
If a provision of these general website Terms conflicts with a specific written agreement governing a particular service, the more specific agreement will control with respect to that service.
6. NO GUARANTEE OF RESULTS
Functional Elements is committed to providing professional, individualized training and nutrition services. However, individual results vary and no specific outcome is guaranteed.
Results may be affected by numerous factors, including participation, consistency, nutrition, health status, medical conditions, medications, lifestyle, sleep, stress, genetics, age, adherence, and other individual circumstances.
Functional Elements does not guarantee any particular amount or rate of:
Weight loss or weight gain.
Muscle gain.
Body-fat reduction.
Strength or performance improvement.
Pain reduction.
Improvement in mobility or physical function.
Change in body-composition measurements.
Change in laboratory or health markers.
Improvement in a particular health or medical condition.
Any other specific fitness, nutrition, health, or wellness outcome.
Testimonials and individual client results displayed by Functional Elements represent individual experiences and should not be interpreted as a promise that another person will achieve the same or similar results.
7. ONLINE PURCHASES
Functional Elements may offer products and services for purchase through the Site, including introductory programs, consultations, gift certificates, digital products, merchandise, nutrition services, and other offerings.
Availability may change from time to time.
Prices, descriptions, availability, and other terms displayed at the time of purchase generally apply to that transaction, subject to correction of errors.
Functional Elements reserves the right, to the extent permitted by law, to:
Correct pricing, description, or other errors.
Limit the availability or quantity of an offering.
Refuse or cancel transactions involving suspected fraud, misuse, technical errors, obvious pricing errors, or other legitimate business reasons.
Modify products, services, prices, and offerings prospectively.
If Functional Elements cancels a paid transaction before providing the purchased product or service, an appropriate refund will generally be provided.
Online payments may be processed by third-party payment processors such as Stripe. Additional terms and privacy practices of the applicable payment provider may apply.
8. 14-DAY 360° PROGRAM
The Functional Elements 14-Day 360° is an introductory program intended to allow prospective clients to experience Functional Elements' services and receive meaningful assessment, training, nutrition, and coaching during a 14-day period.
Program Period
The 14-Day 360° is intended to run for 14 consecutive calendar days, beginning when the participant completes their first included service or activity.
Functional Elements may extend or modify the completion period at its discretion due to illness, scheduling circumstances, facility availability, or other appropriate circumstances.
Refunds
A purchase of the 14-Day 360° may be canceled and refunded within 14 days of the original purchase date, provided the participant has not begun the program.
Once any included portion of the 14-Day 360° has been used or completed, the program is considered started and the purchase becomes non-refundable, except where otherwise required by law.
After 14 days from the purchase date, the purchase is generally non-refundable even if the participant has not yet begun the program.
Starting the Program
Participants are encouraged to begin the 14-Day 360° within six months of purchase.
Functional Elements may honor purchases presented after that period at its discretion. This provision establishes an expected timeframe for beginning the program and is not intended to override any rights that cannot lawfully be waived or limited.
Appointment Cancellations
Appointments included in the 14-Day 360° are subject to Functional Elements' 12-hour cancellation policy.
Appointments canceled with less than 12 hours' notice, or missed without appropriate notice, may be considered used and forfeited.
Functional Elements may make exceptions at its discretion based on the circumstances.
Transfers
An unused 14-Day 360° may be transferred to another eligible participant before the program begins and with prior approval from Functional Elements.
Once the program has begun, it is non-transferable.
Any replacement participant must complete all forms, waivers, consents, and other requirements applicable to participation.
No Obligation to Continue
Participation in the 14-Day 360° does not obligate the participant to purchase ongoing Functional Elements services.
Any ongoing training, nutrition, membership, or other services selected after the introductory period are subject to the applicable agreements, pricing, policies, and payment terms presented at that time.
9. ONGOING SERVICES AND VAGARO
Certain ongoing Functional Elements services, memberships, scheduling, billing, client accounts, and communications may be administered through Vagaro.
Ongoing services may be subject to separate membership agreements, cancellation policies, payment authorizations, scheduling policies, and other terms presented by Functional Elements and/or through Vagaro.
Those specific terms govern the applicable ongoing service.
Use of Vagaro is also subject to Vagaro's applicable terms and privacy practices.
10. MINORS
Functional Elements may provide certain services to participants under the age of 18.
A minor's participation is subject to Functional Elements' approval and any applicable parental or legal-guardian consent requirements.
A parent or legal guardian must execute required liability waivers, consents, or other participation documents on behalf of a minor where required by Functional Elements or applicable law.
11. DIGITAL PRODUCTS AND DOWNLOADABLE MATERIALS
Functional Elements may offer digital products, programs, guides, nutrition resources, training materials, or other downloadable or electronically delivered content.
Unless otherwise stated at purchase, the purchaser receives a limited, personal, non-exclusive, non-transferable, non-commercial license to use the digital product for their own personal purposes.
Digital products may not be reproduced, resold, sublicensed, publicly posted, distributed, shared commercially, or otherwise exploited without written permission from Functional Elements.
Because digital products can generally be accessed or delivered immediately, sales of digital products may be final and non-refundable once delivered, downloaded, or accessed, except where otherwise stated at purchase or required by applicable law.
12. GIFT CERTIFICATES AND PROMOTIONAL CREDITS
Functional Elements may offer gift certificates, gift cards, promotional certificates, credits, or similar offerings.
Such offerings are subject to the specific terms disclosed at the time of purchase or issuance and applicable federal and state law.
Gift certificates are not redeemable for cash except where required by law.
Promotional certificates, complimentary credits, discounts, and similar promotional offerings may be subject to different restrictions or expiration terms where permitted by law.
13. INTELLECTUAL PROPERTY
Unless otherwise indicated, the Site and its content are owned by or licensed to Functional Elements and are protected by applicable copyright, trademark, and other intellectual-property laws.
This includes, as applicable:
Website copy and articles.
Functional Elements branding and logos.
Photographs and videos.
Graphics and designs.
Training and educational materials.
Nutrition resources.
Downloadable materials.
Program descriptions and original content.
You may access and use Site content for your personal, non-commercial use.
You may not reproduce, republish, sell, license, distribute, modify, commercially exploit, or create unauthorized derivative works from Functional Elements content without prior written permission, except as otherwise permitted by law.
Nothing in these Terms transfers ownership of Functional Elements' intellectual property to you.
14. TESTIMONIALS, PHOTOS AND CLIENT CONTENT
Functional Elements may display testimonials, photographs, videos, success stories, or other client-related content when appropriate permission or authorization has been obtained.
Any authorized use of a client's name, image, likeness, testimonial, progress information, or other content is subject to the applicable consent or release associated with that use.
Testimonials reflect individual experiences and do not guarantee future results.
15. THIRD-PARTY SERVICES AND LINKS
The Site may contain links to or integrations with third-party websites and services, including Squarespace, Stripe, Vagaro, social media platforms, or other providers.
Functional Elements does not control and is not responsible for the content, availability, security, terms, or privacy practices of third-party websites and services.
Your use of third-party services may be governed by their own terms and privacy policies.
A link to a third-party website does not necessarily constitute an endorsement by Functional Elements.
16. WEBSITE AVAILABILITY AND DISCLAIMER
We attempt to maintain accurate and useful information on the Site, but we do not guarantee that all Site content will always be complete, current, error-free, or available without interruption.
To the fullest extent permitted by applicable law, the Site and general Site content are provided “as is” and “as available” without warranties of any kind, express or implied.
Functional Elements does not warrant that the Site will be uninterrupted, secure, error-free, or free from viruses or other harmful components.
Nothing in this section is intended to disclaim obligations or warranties that cannot lawfully be excluded.
17. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Functional Elements and its owners, employees, contractors, agents, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising solely from use of or inability to use the Site or general Site content.
Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited.
Liability associated with actual participation in Functional Elements training, fitness, nutrition, or other services may also be governed by the applicable participant waiver, service agreement, informed-consent document, or other specific agreement.
18. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Functional Elements and its owners, employees, contractors, agents, and representatives from claims, damages, liabilities, losses, and reasonable costs arising from your unlawful misuse of the Site, your violation of these Terms, or your infringement of another person's intellectual-property or other legal rights.
19. PRIVACY
Your use of the Site is also subject to the Functional Elements Privacy Policy.
The Privacy Policy explains how Functional Elements collects, uses, shares, and protects personal information associated with the Site and our services.
20. CHANGES TO THESE TERMS
Functional Elements may update these Terms periodically to reflect changes in our website, services, business practices, or legal requirements.
When updated, the Effective Date at the top of this page will be revised.
Changes apply prospectively unless otherwise stated or permitted by law. Changes to these general Terms do not retroactively alter specific contractual rights or obligations associated with a completed purchase unless permitted by the applicable agreement and law.
21. GOVERNING LAW AND VENUE
These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law principles.
Before initiating formal legal proceedings, you and Functional Elements are encouraged to make a good-faith effort to resolve disputes directly.
To the extent permitted by applicable law, any legal action arising from these Terms or use of the Site shall be brought in an appropriate state or federal court having jurisdiction in or serving St. Louis County, Missouri, and the parties consent to such jurisdiction and venue.
22. SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as appropriate, and the remaining provisions will remain in effect.
23. NO WAIVER
Functional Elements' failure to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision in the future.
24. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any applicable purchase terms, participant waivers, client agreements, payment authorizations, or other specific agreements, constitute the applicable agreement concerning your use of the Site and the services or offerings to which those documents relate.
Where a specific written agreement governs a particular service or transaction, the more specific terms will control with respect to that service or transaction.
25. CONTACT US
Questions regarding these Terms & Conditions may be directed to:
Functional Elements Training & Nutrition
12619 Olive Blvd.
Creve Coeur, MO 63141
Email: functionalelements@gmail.com
Website: www.functionalelements.net