Last Updated: June 26, 2026
 

These Terms and Conditions ("Terms") govern your access to and use of the website located at karamirakfitness.com (the "Site") and the personal training, coaching, programs, challenges, and related services (collectively, the "Services") offered by Kara Mirak, individually and doing business as Kara Mirak Fitness ("Kara Mirak Fitness," "we," "us," or "our"), based in North Shore, Massachusetts.

 

By accessing the Site, signing up for a program or challenge, booking a session, or otherwise using the Services, you ("you," "your," or "Client") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site or the Services.

Please read Sections 5–9 carefully. They contain important information about health risks, your assumption of those risks, a release of liability, and limitations on our liability.

 

1. Eligibility

You must be at least 18 years of age to use the Services and to agree to these Terms. By using the Services, you represent and warrant that you are 18 or older and that you have the legal capacity to enter into a binding agreement. If you are entering into these Terms on behalf of a minor, you do so as the minor's parent or legal guardian and you agree to be bound by these Terms on the minor's behalf.

 

2. The Services

Kara Mirak Fitness provides fitness coaching services that may include, without limitation:

• In-person, in-home personal training sessions (individual and small group of up to four participants);

• Indoor and outdoor training sessions within our service area of North Shore, Massachusetts;

• Free and paid online fitness programs, challenges, and workout content;

• General fitness, exercise, lifestyle, and nutrition guidance and tips.

 

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

 

3. Not Medical Advice

Kara Mirak is a certified personal trainer and is not a physician, registered dietitian, physical therapist, or other licensed medical or healthcare provider. The Services, including any fitness, exercise, lifestyle, or nutrition information, are provided for general informational and educational purposes only and do not constitute medical advice, diagnosis, or treatment.

 

The Services are not a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, an exercise program, or your diet. Never disregard professional medical advice or delay seeking it because of something provided through the Services.

 

4. Medical Clearance and Your Health Representations

You acknowledge that participation in physical exercise and training carries inherent risks (see Section 5).
Before beginning any program, challenge, or training session, you agree to:

(a) Consult your physician and obtain medical clearance to participate, particularly if you are pregnant or postpartum, have or have had any injury, illness, cardiovascular condition, or other medical condition, or are taking any medication;

(b) Disclose to Kara Mirak Fitness, accurately and completely, all relevant information about your health, medical history, injuries, limitations, and fitness level; and

(c) Promptly inform Kara Mirak Fitness of any change in your health or physical condition.

You represent that you are in good physical health and have no condition that would prevent your safe participation in the Services, except as you have disclosed in writing. You are responsible for monitoring your own condition during any activity and agree to stop immediately and seek medical attention if you experience pain, dizziness, discomfort, or any other warning sign.

 

5. Assumption of Risk

You understand and acknowledge that physical exercise and fitness training—including strength training, cardiovascular exercise, stretching, the use of equipment, and indoor and outdoor activity—involve inherent and significant risks of injury, including but not limited to muscle strains, sprains, fractures, cardiovascular events, and, in rare cases, serious injury, disability, or death.

You voluntarily and knowingly assume all risks associated with your participation in the Services, whether or not such risks are specifically identified in these Terms, and whether arising from your own actions, the actions or inactions of others, the condition of any premises or equipment, or otherwise.

 

6. Release and Waiver of Liability

To the fullest extent permitted by Massachusetts law, in consideration of being permitted to participate in the Services, you, on behalf of yourself and your heirs, executors, administrators, and assigns, hereby release, waive, discharge, and agree not to sue Kara Mirak and Kara Mirak Fitness, and our employees, agents, contractors, and representatives (collectively, the "Released Parties"), from any and all claims, demands, liabilities, damages, costs, and expenses of any kind arising out of or related to your participation in the Services that result from the ordinary negligence of any Released Party.

 

This release does not apply to, and you do not waive, any claim arising from gross negligence, recklessness, willful or wanton misconduct, or any liability that may not be waived or released under Massachusetts law. Nothing in these Terms limits any right you may have that cannot lawfully be limited.

You acknowledge that you have read this release, that you understand it, that you are giving up substantial legal rights by agreeing to it, and that you are agreeing to it freely and voluntarily.

 

7. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) your breach of these Terms, (c) your violation of any law or the rights of any third party, or (d) any inaccurate health information you provide. This Section does not apply to the extent a claim arises from a Released Party's gross negligence, recklessness, or willful misconduct.

 

8. Disclaimer of Warranties

The Site and the Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any particular fitness, health, weight, or other result will be achieved. Individual results vary and depend on many factors outside our control, including your effort, consistency, genetics, and adherence to guidance.

 

9. Limitation of Liability

To the fullest extent permitted by Massachusetts law, in no event shall the Released Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to the Site or the Services, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.

 

To the fullest extent permitted by law, the total aggregate liability of the Released Parties for any and all claims arising out of or related to the Services shall not exceed the greater of (a) the amount you paid to Kara Mirak Fitness for the Services giving rise to the claim in the [INSERT NUMBER, e.g., six (6)] months preceding the event, or (b) one hundred U.S. dollars ($100.00).

Nothing in this Section limits liability that cannot be limited under applicable Massachusetts law.

 

10. Payment, Scheduling, Cancellations, and Refunds

Fees. Fees for paid Services are as quoted to you or as posted at the time of purchase or booking. All fees are stated in U.S. dollars and are due as specified at booking or purchase. You are responsible for any applicable taxes.

 

Booking and Cancellation. To cancel or reschedule a session without charge, you must provide notice at least 24 hours before the scheduled session. Sessions cancelled with less notice, and missed sessions ("no-shows"), will be charged in full and forfeited.

 

Refunds. Package and program fees are non-refundable except as required by law. Free programs and challenges carry no fee and no refund.

Late Payment. Suspension of Services for non-payment.

 

11. Communications and Marketing Consent

By providing your contact information or subscribing through the Site, you consent to receive communications from Kara Mirak Fitness, including emails and, where you have provided a mobile number, calls and text messages relating to scheduling and the Services. Message and data rates may apply. You may opt out of marketing communications at any time by following the unsubscribe instructions in an email or by replying STOP to a text message; we may still send you transactional messages necessary to provide the Services.

 

12. Intellectual Property

All content on the Site and within the Services—including programs, challenges, workout plans, text, graphics, logos, photographs, and videos—is owned by or licensed to Kara Mirak Fitness and is protected by intellectual property laws. You are granted a limited, personal, non-exclusive, non-transferable, revocable license to access and use such content for your own personal, non-commercial use. You may not copy, reproduce, distribute, resell, publicly display, or create derivative works from any content without our prior written permission.

 

13. Acceptable Use

You agree not to (a) use the Services for any unlawful purpose; (b) share, resell, or distribute paid program content; (c) interfere with or disrupt the Site or its security; (d) harass, abuse, or harm another person, including in any group session; or (e) misrepresent your identity or health information.

 

14. Third-Party Links and Content

The Site may contain links to third-party websites or reference third-party products or services. We do not control and are not responsible for the content, policies, or practices of any third party. Links are provided for convenience only and do not constitute an endorsement.

 

15. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. You agree that the exclusive jurisdiction and venue for any dispute not subject to Section 16 shall be the state or federal courts located in Essex County, Massachusetts, and you consent to the personal jurisdiction of those courts.

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16. Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date above reflects the most recent version. Material changes will be posted on the Site, and your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

 

17. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. In particular, if any portion of the release in Section 6 is held unenforceable, the remainder of that release shall continue to apply to the fullest extent permitted by law.

 

18. Entire Agreement

These Terms, together with any separate written agreement, liability waiver, or informed-consent form you sign with Kara Mirak Fitness, constitute the entire agreement between you and Kara Mirak Fitness regarding the Services and supersede any prior agreements. In the event of a conflict between these Terms and a signed waiver or services agreement, the signed document controls with respect to its subject matter.

 

19. Contact

Questions about these Terms may be directed to:

Kara Mirak Fitness, North Shore, Massachusetts
Email: klmirak4@gmail.com

 

By using the Site or the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.