TERMS AND CONDITIONS

 

1. I understand that there are significant risks involved in all aspects of physical training and if I choose to proceed with such training, I voluntarily assume these risks and any injury, loss or damage that may result.

 

2. I understand that the owners, members, managers, partners, employees and agents of Revival Strength and Marcus Filly Professional Health and Fitness Coaching (collectively and including Marcus Filly, the “Filly Companies”) are not physicians nor are they trained in medicine and they cannot provide reliable advise for any condition I may have. I understand that I need to consult a physician if I have any questions concerning my health or ability to participate in any of the physical training, exercise, classes or services that the Filly Companies offer.

 

3. I understand that the reaction of the body, including the heart, lung and vascular systems, to exercise cannot always be predicted with accuracy and that there is a risk of a full range of injuries, from minor to severe, including the possibility that I might suffer permanent serious injury or death. I understand that the programs and services offered by the Filly Companies are of a nature and kind that are extremely strenuous and can/may push me to the limits of my physical abilities. These risks of injury, loss or damage might result from my own actions or negligence, or the actions or negligence of others, or the conditions of the premises or of any equipment used. I acknowledge that there may be other risks to me that are not known or not reasonably foreseeable. I agree to accept and assume all of the above risks that arise as a result of my participation, including property damage, personal injury or death. I also release, waive, discharge, and promise not to sue Filly Companies or its or their owners, managers, members, partners, employees, officers, directors, agents, landlords, affiliated companies, and insurers from any and all liability for injury, loss or damage to my person or property, or any other consequence in connection with my participation in training or rehabilitation services received at or directed by the Filly Companies. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs.

 

4. I also agree to indemnify, defend and hold harmless the Filly Companies, their owners, managers, members, partners, employees, officers, directors, agents, trainers, affiliated companies, and insurers from any and all damages, liabilities, fees and costs incurred in connection with any third party claims or threats of claims asserted arising from my participation in recreational or athletic activities or rehabilitation services. I intend this release and hold harmless agreement to forever bind myself as well as my estate, personal representatives, guardians, conservators, heirs, executors, administrators, next of kin, and assigns.

 

I acknowledge and agree that I have not been solicited or induced or influenced by Marcus Filly or by anybody acting in concert with Marcus Filly to exercise at or under the direction of any of the Filly Companies.

 

By my acceptance, I represent that I have carefully read, understand, and consent to the terms of this waiver and release or liability. I understand and confirm by signing this waiver and release that I expressly and willingly agree to assume complete responsibility for any injury to my person or damage to my property that may arise in connection with my participation in training or exercise received at or directed by the Filly Companies.

I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.

 

REFUND POLICY:

See store policy for details.


WEEKLY TRAINING PDF:

Persist members receive a weekly training PDF delivered via our newsletter as a supplemental resource for the current training week. These files are provided as a convenience and are not intended to serve as an archive or a means of accessing past program materials. While our team may occasionally assist at our discretion, we are not obligated to retrieve or resend PDFs from previous weeks. Members are responsible for saving any materials they wish to keep for future reference.

REFER A FRIEND PROGRAM:

Offer subject to change. All reward vouchers are valued in USD and to be redeemed only on the Functional Bodybuilding website. Minimum spend for qualifying advocate reward is $19. Advocate rewards will be distributed within three weeks of validation to allow for trial periods of Persist. Please contact us if your expected reward does not come through in this time so we may further assist you. Advocate rewards may not be applied to automatic recurring payments, such as subscription payments, but can be applied to ebooks, merchandise, or manual payments such as subscription length switches (available through My Account).

MOBILE TERMS OF SERVICE

 

Last updated: May 7, 2026

The Functional Bodybuilding mobile message service (the "Service") is operated by Functional Bodybuilding (“Functional Bodybuilding”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

 

By consenting to Functional Bodybuilding’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Functional Bodybuilding through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

 

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Functional Bodybuilding. Your participation in this program is completely voluntary.

 

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

 

You may opt-out of the Service at any time. Text the single keyword command STOP to +18777513424 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Functional Bodybuilding mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

 

For Service support or assistance, text HELP to +18777513424 or email support@functional-bodybuilding.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

 

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

USER-GENERATED CONTENT TERMS OF USE:

 

FUNCTIONAL BODYBUILDING, an entity of FILLY-KADEN ENTERPRISES (together with its affiliates and assigns, “FUNCTIONAL BODYBUILDING,” hereafter referred to as “FUNCTIONAL BODYBUILDING”) reaches out to social media users to seek their permission to feature our favorite content on various sites, social channels and various promotional materials. You are reading this because FUNCTIONAL BODYBUILDING has reached out to request your permission to use that content created and publicly posted by you (hereafter the “User Generated Content”) in this way and these Terms of Use for User Generated Content (“UGC Terms of Use”) shall govern such use.


IMPORTANT NOTICE – THIS IS A BINDING CONTRACT
By replying YES, YOU (“you”/ “your”) ARE ENTERING INTO AN AGREEMENT WITH FUNCTIONAL BODYBUILDING AND AGREE TO BE BOUND BY THESE UGC TERMS OF USE, WITHOUT LIMITATION OR QUALIFICATION. FUNCTIONAL BODYBUILDING RESERVES THE RIGHT TO MODIFY THESE UGC TERMS OF USE BY POSTING NEW VERSIONS THEREOF, AS WELL AS THE RIGHT TO PROVIDE ADDITIONAL NOTICE OF MATERIAL CHANGES, WHICH MODIFICATIONS AND CHANGES WILL BE EFFECTIVE IMMEDIATELY.
LICENSE AND RIGHTS


For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably grant to FUNCTIONAL BODYBUILDING, as well as its respective licensees, successors, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies and other affiliates (collectively, the “Licensed Parties”), a worldwide, perpetual, fully-paid, royalty-free, transferable, sub-licensable right to use your User Generated Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiative, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Generated Content in any manner in their sole discretion, with no obligation to you whatsoever.


You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Generated Content. You understand and acknowledge that FUNCTIONAL BODYBUILDING may modify the User generated Content for formatting, integration or other purposes, however, such modifications shall not materially distort such User Generated Content. No advertisement, promotional media or other material in any media containing your Name and/or Likeness related to the User Generated Content need be submitted to you for any further approval for use by the Licensed Parties.


You acknowledge and agree that (i) the User Generated Content was created by you and that you own or control all rights in such User-Generated Content, such that you have all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights granted herein, including permission from all person(s) appearing in your User Generated Content; (ii) you are not a minor; (iii) you have the full right, power and authority to grant the rights described in these UGC Terms of Use; (iv) the exercise by FUNCTIONAL BODYBUILDING of its rights under these UGC Terms of Use will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy and trade laws; and (v) the User Generated Content does not contain any worms, viruses or other harmful code.

 
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FUNCTIONAL BODYBUILDING, ANY THIRD PARTY SUBLICENSEE OF FUNCTIONAL BODYBUILDING, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM THESE UGC TERMS OF USE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.


IN THE EVENT THE USER GENERATED CONTENT CAUSES ANY TECHNICAL DISRUPTION, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. WITHOUT LIMITING THE FOREGOING, YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE USER-GENERATED CONTENT.


INDEMNITY & RELEASE
(a) You agree to indemnify, defend and hold FUNCTIONAL BODYBUILDING, its agents, suppliers, licensees, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach by you of these UGC Terms of Use.


(b) Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these UGC Terms of Use. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”


TERMINATION

 

These UGC Terms of Use are effective until terminated by FUNCTIONAL BODYBUILDING, with or without notice to you. Those terms and conditions of these UGC Terms of Use that, by their nature, are intended to survive termination (e.g., Limitation of Liability, Indemnity and Release) shall so survive.


ENTIRE AGREEMENT/WAIVER
These UGC Terms of Use are governed by the laws of the State of California. 


These UGC Terms of Use constitute the entire agreement between you and FUNCTIONAL BODYBUILDING with respect to the User Generated Content. The failure of FUNCTIONAL BODYBUILDING to exercise or enforce any right or provision of these UGC Terms of Use shall not constitute a waiver of such right or provision. If any provision of these UGC Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these UGC Terms of Use, which shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these UGC Terms of Use must be filed within one (1) year after such claim or cause of action arose. These UGC Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these UGC Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have granted to FUNCTIONAL BODYBUILDING under these UGC Terms of Use.
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