Terms & Disclaimers v1.6 — Monarch

MONARCH — TERMS OF USE & DISCLAIMERS

v1.6 · Effective September 10, 2026

These Terms of Use ("Terms") govern your use of monarchtransformationcenter.com (the "Site") and the free materials, forms, and communications offered through it. The Site is operated by Monarch Transformation Center LLC ("Monarch," "we," "I"), a California limited liability company. Coaching is delivered personally by Sean Connick.

In plain terms: this page covers the website and the lead/prospect stage — reading the pages, downloading a guide, booking a Strategy Session, getting texts and emails from me. It is not the deal for any paid service. If you buy one, a separate signed agreement governs that relationship and controls any dispute about it (see Section 8). Section 1 explains what you have agreed to and what you have not.

1. How you accept these Terms — and what applies if you don't

You accept these Terms by an affirmative act, not by browsing. On each of the three web forms on the Site — the free-guide opt-in, the Strategy Session application, and the client intake — Monarch provides a required acceptance box, unchecked until you check it, at ordinary body size, immediately above the submit control. Its label names these Terms, the arbitration agreement, the class-action waiver, your thirty-day right to opt out of both, and the Privacy Policy, and links both documents. Under normal browser submission, the form does not submit until you check it; in addition, Monarch's server refuses any submission where the acceptance box is not affirmatively reported checked. When you check that box and submit the form, you accept the version of these Terms and the version of the Privacy Policy conspicuously presented with that box. A verified acceptance entry is evidence only to the limited extent described below.

What the acceptance entry records. For each submission for which Monarch successfully stores an acceptance entry, that entry is recorded as one logical acceptance entry. For each server-created acceptance entry, any duplicate Notes created while Monarch retries storage of that same entry carry the same stable identifier. A separate resubmission creates a separate entry. It records six things: the version of these Terms and the version of the Privacy Policy the page was built with; the value submitted in the acceptance-block-hash field; the state of the acceptance box; a time; and an identifier for the entry. The time and the identifier are generated by Monarch's own systems, and your browser cannot supply either. The acceptance-box state is recorded exactly as your browser submitted it: Monarch refuses the submission outright unless it carries the affirmative value, so no acceptance entry can exist without it. Like any web form, Monarch records what your browser sent when you checked the box; it does not independently witness the click.

What Monarch's server checks — and what a checked entry does and does not prove. Monarch's server compares the three values the page supplied against a list of the releases Monarch actually published on that particular form. The receiving route selects which release list is checked; the route label does not by itself authenticate which webpage originated the request. If the three match a published release, the entry is marked verified. If any of them is missing, or matches no release Monarch published on that form, the entry is marked unverified and records why. An unverified entry is not a record of your acceptance, and Monarch does not treat it as one. What a verified entry establishes is that the request carried values matching one release authorized on the receiving route's manifest at the recorded time. It does not by itself establish which page was rendered, what bytes the browser displayed, or who made the request. It is not itself your acceptance, and it does not stand in for the notice or the box.

Each successfully stored entry stands on its own. When Monarch successfully stores an entry for a later submission, its submission process creates a new Note rather than instructing the record system to update the Note for an earlier submission. The current-state contact fields may change with each submission. Monarch’s testing showed that earlier Notes remained available after later field overwrites. This is evidence of sequence retention in the tested submissions, not a guarantee that third-party storage is immutable, permanently retained, exportable, or recoverable after deletion or system failure.

Where there is no entry, or the entry is unverified. Where Monarch cannot produce a successfully stored, verified acceptance entry for a submission, or the entry is recorded unverified, Monarch will not enforce Section 12's arbitration agreement or class-action waiver based on that submission, and Monarch bears the burden of proving conspicuous notice and affirmative acceptance before enforcing any other contract term. Section 11's limitation of liability and Section 10's Privacy Policy incorporation are carved out of that exclusion and continue to apply, unless Monarch fails to prove by other competent evidence that these Terms were conspicuously presented and affirmatively accepted. Intentional alteration, deletion, or substitution of page-stamped release values does not rescind or modify terms actually accepted; whether a thirty-day opt-out period has begun depends on proof of actual affirmative acceptance. An unexplained mismatch, a mismatch caused by Monarch, or a failure of Monarch's systems is not evidence of acceptance and does not start Section 12(f)'s opt-out period.

If Monarch declines your application. Monarch does not serve every state. If you apply from a state Monarch declines and you were not already in Monarch's records, the application creates no contact and no acceptance entry of any kind, and the no-entry rule above applies. If Monarch successfully locates an existing record for the supplied email, Monarch attempts to mark the record as declined and separately attempts to record a decline entry in that record's notes. If storing that entry fails, no verified acceptance entry is created, and the no-entry rule above applies.

What these Terms are made of. Not every Section below does the same kind of work, and the difference decides what can bind you. Every Section falls in exactly one of these three groups:

  • Contract terms — the formation and scope rules in this Section 1; Section 8; and Sections 10 through 15. These bind you only if Monarch holds a verified record of your affirmative acceptance of the version containing them, in the way described above, or — except for Section 12, which strictly requires a successfully stored, verified acceptance entry under Section 12(f) and cannot be established by alternative evidence — if Monarch proves conspicuous notice and affirmative acceptance by other competent evidence under the rules stated above. Sections 10 and 11 may be proven through other competent evidence; Section 12 cannot.
  • Conditions of the permission Monarch gives you — Sections 3 and 4. They state the terms on which Monarch permits you to use the Site and to download the free materials. Use outside those conditions is unlicensed, and Monarch may withdraw the permission, block access, or remove a submission. They are not promises you have made.
  • Disclosures, warnings, and separate consents — Sections 2, 5, 6, 7 and 9. They tell you what this Site is, who it is for, and what the risks are; Section 9 also states the separate consent you give when you provide a phone number and opt in. They do not by themselves form a contract with you, they release nothing, and they waive nothing you would otherwise be entitled to.

Merely visiting or browsing the Site does not by itself establish assent to Section 12's arbitration agreement or class-action waiver. Monarch will not assert Section 12 against anyone for whom it holds no verified record of affirmative acceptance of the version of these Terms containing it — see Section 12(f), which says so as a term rather than as a policy.

What applies to you if you never submit a form. Merely visiting or browsing the Site does not make any contract term apply. If you never submit a form and Monarch cannot prove conspicuous notice and affirmative acceptance by other competent evidence, no contract term in these Terms applies to you. Sections 3 and 4 still describe the permission you are using, and Sections 2, 5, 6, 7 and 9 still tell you what this Site is and is not. Section 12 never applies without a successfully stored, verified acceptance entry, as stated above.

A free guide that reaches you some other way. If someone forwards you a Monarch guide, you never visited this Site and you have accepted nothing here. The medical, results, and risk notices that matter are printed inside the guide itself. Nothing in these Terms is asserted against you.

If you have signed a paid agreement with Monarch — a Program Services Agreement, a Partner Program Agreement, a Maintenance Agreement, or another paid-services agreement (each, a "Paid Services Agreement") — that agreement, not these Terms, governs any dispute whose factual nucleus is that paid relationship, including after it ends. See Section 8.

2. Who can use the Site (18 and over)

The Site and Monarch's services are for adults. If you are under 18, do not submit a form on this Site and do not use Monarch's services.

Monarch does not knowingly collect information from anyone under 18. If I learn that I have, I delete it — as described in the Privacy Policy (/privacy), and subject to anything applicable law requires me to retain.

This Section states who the Site is for and what Monarch does about information it should not have collected. It is not a representation you make by reading this page. The acceptance notice does not turn this Section into a representation by you or a condition of any contract; eligibility for a paid service is governed by the applicable Paid Services Agreement.

3. License to use the Site, and who owns the content

Everything on the Site and in the free materials — the text, the guides, the program descriptions, the logos, the Monarch name and marks, photographs, and the way it's all put together — is owned by Monarch Transformation Center LLC (or used with permission) and is protected by copyright, trademark, and other laws.

I grant you a personal, non-exclusive, non-transferable, revocable license to view the Site and to download any free guide for your own personal, non-commercial use. That's the whole license.

The following are conditions of that license, and each of them concerns copying, distributing, displaying, or making derivative works from Monarch's content: you may not copy, resell, republish, redistribute, or rent Monarch's content; you may not copy or adapt Monarch's protected expression in order to build a competing product or service — this condition reaches Monarch's expression, and Monarch claims no right in facts, ideas, methods, or general fitness and nutrition principles; and you may not use Monarch's name, logos, or marks without my written permission. Doing any of those things is outside the permission granted here and is unlicensed use. I keep every right I haven't expressly given you.

If you become a client, the license to the paid program materials is governed by your Paid Services Agreement (in the Program Services Agreement, its §10), not by this Section.

4. Acceptable use

Monarch permits access to the Site only for honest and lawful use. I may block access to the Site, or remove a submission, when I reasonably believe that:

  • false information was submitted, someone was impersonated, or another person's contact details were used without permission;
  • the Site or its forms were used to send spam, scrape data, or run bots;
  • someone tried to break, overload, probe, or gain unauthorized access to the Site, its forms, or the systems behind them;
  • something unlawful, infringing, malicious, or harmful was uploaded;
  • Monarch's content was copied or redistributed beyond the personal-use license in Section 3; or
  • the Site was used in a way that interferes with another person's use of it.

This Section states conditions of the access Monarch permits. It is not an assertion that browsing alone formed a contract, and it is not a promise you have made. Conduct in that list may be unlawful on its own terms; describing it here neither creates nor limits any claim anyone may have under other law.

5. MEDICAL DISCLAIMER

This Site is education and coaching information — it is not medical advice.

The guides, program descriptions, articles, emails, texts, and any other content on or from the Site are general fitness, nutrition, and lifestyle information for healthy adults. They are not medical advice and are not a substitute for the judgment of a physician or qualified health professional who knows your personal history.

Talk to your doctor before you start. Before beginning any exercise program, changing your diet, or taking any supplement based on anything you see here, consult a physician or qualified healthcare provider — especially if you have any medical condition, are taking medication, are pregnant, or have any symptom or concern. Never disregard or delay getting professional medical advice because of something you read on this Site. If you think you have a medical emergency, call your doctor or 911.

Sean Connick holds NASM specialist certifications in weight-loss specialization, behavior change, corrective exercise, and performance enhancement, and previously earned NASM personal-training and nutrition-coaching certifications. He is not a physician, registered dietitian, or licensed healthcare professional, and nothing on this Site creates a doctor-patient or other licensed-provider relationship.

If you enroll as a client, you complete Monarch's health-readiness intake and make the eligibility representations in Program Services Agreement §3.1 — which ask you to confirm that you have consulted, or have had a reasonable opportunity to consult, a physician about participating, and that you have no medical condition that makes participation unsafe. A Partner makes the corresponding representations under the Partner Program Agreement §3.1. Using this Site does not replace that process.

6. RESULTS DISCLAIMER

Individual results vary, and I don't guarantee any specific outcome on this Site.

Body transformation depends on things I don't control — your starting point, your training history, your effort, how closely you follow the plan, your sleep, your stress, your health, and your consistency. Two people doing the same program get different results.

Any example, before/after image, body composition figure, or photograph of the coach's own physique that appears on the Site is illustrative of what the work involves — not a promise of what you will achieve. Any testimonial, before-and-after image, or quantified result must be substantiated and must be accompanied, on the same advertising surface where it appears, by whatever disclosure is needed to state what consumers generally can expect. This Section does not qualify, cure, or excuse a misleading claim made anywhere else — a disclaimer on this page is not a fix for an ad that misleads on its own.

I'd rather tell you the truth than hype you. Monarch is a new business, and I don't post invented statistics, fabricated testimonials, or success-rate claims. If and when I publish client results, they will be real, used only with that client's separate signed permission, and clearly not presented as a guarantee.

Nothing on this Site is a guarantee of results. The only performance promise Monarch makes is the Reclaim Sovereignty Guarantee, which exists only inside a signed Program Services Agreement, applies only to enrolled clients who meet its conditions, and is defined entirely by that document's terms.

7. Assumption of risk (physical activity)

Strength training, exercise, and changes to your diet carry real, inherent risks — including muscle and joint injury, cardiovascular events, and adverse responses to dietary changes. Consider those risks, stay within your limits, and talk to a physician before you start (Section 5).

These statements are risk warnings. They are not a release, a waiver, an assumption of risk agreement, or a limitation of liability, and nothing in this Section transfers responsibility to you or takes any claim away from you. If you affirmatively accepted these Terms, the only contractual limitation of liability for standalone use of this Site is the one stated in Section 11 — which its own third paragraph limits in turn. If you have a paid relationship with Monarch, risk and liability there are governed by your Paid Services Agreement (in the Program Services Agreement, its §8), not by this Section.

8. If you have a paid agreement with Monarch: that agreement controls

These Terms cover the website and the lead/prospect stage only. They do not govern a paid relationship with Monarch.

The agreements this Section covers. If you sign a Program Services Agreement, a Partner Program Agreement, a Maintenance Agreement, or another paid-services agreement with Monarch (each, a "Paid Services Agreement"), that signed agreement governs the relationship it describes — services, fees, payment, refunds, cancellation and termination, any guarantee it contains, assumption of risk and release, intellectual property in the program materials, privacy of your program data, governing law, venue, and dispute resolution — together with the provisions it incorporates by reference. The Partner Program Agreement (its §5.1) and the Maintenance Agreement (its §5.3) incorporate provisions of the Program Services Agreement, including its §11; where they do, those incorporated provisions are part of that Paid Services Agreement and are read as its own, subject to any conflict rule that agreement states.

Transactional supremacy. A Paid Services Agreement controls any dispute whose factual nucleus is that paid relationship — its negotiation, formation, enrollment, price, payment, delivery, performance or nonperformance, cancellation, termination, any guarantee, assumption of risk, program materials, program data, and surviving duties — including a dispute that rests partly on a statement made on this Site, or on your use of the Site before, during, or after the term. This continues after the paid relationship ends, to the same extent that agreement's own dispute provisions survive its termination (in the Program Services Agreement, by its §7.9). These Terms govern only a standalone dispute about your use of Monarch's public Site or free materials that would exist independently of any paid relationship. These Terms do not govern the purchase, price, cancellation, performance, or termination of any paid service.

How the boundary looks from the other side, stated accurately — including where the paper is silent. The Program Services Agreement draws the same boundary in its §11.4. The other two agreements refer to §11 differently, and these Terms state what each paper says rather than resolve what the Partner agreement leaves unstated.

  • The Maintenance Agreement's §5.3 incorporates the Program Services Agreement's §11 as a whole — "general, including notices, governing law, and dispute resolution" — subject to that agreement's own conflict rule and its own entire-agreement clause at §5.4. The precedence rule in §11.4 therefore reaches a Maintenance client.
  • The Partner Program Agreement's §5.1 applies §11 "as if restated" through a parenthetical that enumerates governing law, venue, AAA consumer arbitration with its small-claims carve-out and opt-out, severability, electronic signatures and records, the opportunity to consult counsel, and the non-California savings clause — and does not name §11.4, §11.6, or §11.13. Whether those provisions reach a Partner is therefore unstated in that agreement; Partner §5.2 separately provides its own New Jersey rule.

These Terms neither resolve that silence nor add a term to, amend, supplement, or waive anything in either agreement. Where a Partner's agreement is silent, that question is decided on that agreement's own terms and not by this page.

A mixed dispute uses one dispute regime — the paid agreement's. If a dispute includes both a covered claim under a Paid Services Agreement and a public-Site claim arising out of the same transaction or a common factual nucleus, that agreement's governing-law, venue, and dispute-resolution provisions govern the whole dispute — in the Program Services Agreement, its §§11.1, 11.2, 11.12 and 11.13; in the Partner Program Agreement, §§11.1, 11.2 and 11.12 as incorporated by §5.1, together with its own §5.2 for New Jersey; and in the Maintenance Agreement, those provisions as incorporated by §5.3. Section 12 of these Terms does not create a second arbitration obligation, a second forum, or a second opt-out history for the same set of facts. Where these Terms and that agreement would give different answers on law, forum, or procedure for such a dispute, the agreement's answer is the only one — subject to every non-waivable right you have.

No arbitration revival. If you gave Monarch a timely opt-out notice under the arbitration provision of a Paid Services Agreement — in the Program Services Agreement, its §11.2(f); in the Partner Program Agreement and the Maintenance Agreement, that provision as incorporated — that opt-out is effective for every dispute that agreement governs, including after termination, and nothing in Section 12 restores arbitration for those disputes. Conversely, an opt-out under Section 12 of these Terms affects only Section 12; it is not an exercise of the separate opt-out right in a Paid Services Agreement you sign.

Marketing language is not a contract — and this Section does not make it lawful. Marketing language on this Site is not a contract and does not change, expand, or override a Paid Services Agreement's terms. But choosing which contract governs a dispute is not the same as answering for what was said. Nothing in this Section makes a statement on this Site immune from a claim of fraud, false advertising, or violation of a consumer-protection statute, and nothing in it waives a remedy or a forum that applicable law makes non-waivable.

Whether a contract was formed — and which one governs — is for a court. A court, not an arbitrator and not an arbitral administrator, decides whether these Terms were formed, whether the asserted Paid Services Agreement was formed, and which instrument controls. If the Paid Services Agreement was formed, this Section assigns the dispute as stated above — including a dispute attacking that agreement's validity or enforceability, subject to that agreement's own allocation of who decides such questions. If it was not formed, it selects nothing: an instrument that does not exist cannot choose a forum, a governing law, or a dispute regime, and these Terms then govern only to the extent they were independently formed and only as to a claim within their standalone-Site scope. If neither was formed, neither governs. These Terms do not decide who decides questions of arbitrability under a Paid Services Agreement; that instrument states its own allocation. For questions about Section 12 of these Terms, see Section 12's allocation paragraph.

9. Text messages (SMS)

If you give your phone number and opt in, Monarch may text you (for example, Strategy Session reminders and coaching-related messages). Message and data rates may apply. Messaging frequency varies. You can opt out anytime by replying STOP, and reply HELP for help. SMS consent is not a condition of purchase, and opting out does not affect your eligibility, your rights under any agreement with Monarch, or the paid services you receive; I may reach you through the other contact channels you have provided.

This Section states a disclosure and a separate consent, given where the form says so; it is not a contract term of these Terms. How I handle your phone number and message data — and the third-party service providers involved in sending and delivering SMS — is described in the Privacy Policy. See the Privacy Policy for the full SMS terms and your choices.

10. Privacy

The version of the Privacy Policy identified in a verified acceptance entry for your submission is the version incorporated into these Terms. If no verified acceptance entry identifies a Privacy Policy version, no Privacy Policy is incorporated through these Terms unless Monarch proves by other competent evidence that a particular version was conspicuously presented and affirmatively accepted. The policy published at /privacy on the date of that submission may still describe Monarch's practices and any rights or duties that apply independently by law. A later Privacy Policy may govern new processing from its own effective date, after legally sufficient notice — but it does not retroactively change the contractual rights, dispute rules, or liability terms you accepted. The current policy is always at /privacy.

The Privacy Policy describes the categories of information Monarch collects, why it uses them, the service providers involved, and whether applicable law treats any disclosure as a sale or sharing. Please read the Privacy Policy for the details — that document, not this page, states the actual terms.

11. Disclaimer of warranties; limitation of liability

The Site is provided "as is." I work to keep it accurate and available, but to the fullest extent the law allows, Monarch makes no warranties about the Site or its content — including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement — and does not warrant that the Site will be uninterrupted, error-free, or free of harmful components. The Site may link to third-party sites and tools I don't control; I'm not responsible for their content or practices.

Limitation of liability. To the maximum extent permitted by California law, Monarch Transformation Center LLC, its members, and its agents will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of your use of the Site or the free materials, even if advised such damages were possible. To the maximum extent permitted by law, Monarch's total liability arising from your use of the Site is limited to one hundred U.S. dollars ($100.00). This nominal cap applies to the free Site and its materials only; liability arising from a paid relationship is governed separately by your Paid Services Agreement (in the Program Services Agreement, its §8.3, capped at fees actually paid). This paragraph is a contract term. Where Monarch cannot produce a successfully stored, verified acceptance entry for a submission, or the entry is recorded unverified, Monarch will not enforce Section 12's arbitration agreement or class-action waiver based on that submission; this Section 11 is carved out of that exclusion and continues to apply unless Monarch fails to prove by other competent evidence that these Terms were conspicuously presented and affirmatively accepted. Intentional alteration, deletion, or substitution of page-stamped release values does not avoid this limitation of liability.

What this section does not limit. This paragraph controls over every limitation in this Section. Nothing in these Terms limits, releases, or caps liability for Monarch's gross negligence, willful misconduct, or fraud, and nothing here limits any liability that cannot lawfully be limited or released — including statutory damages, restitution, public injunctive relief, penalties, attorneys' fees, or costs, where applicable law makes them non-waivable. Nothing in these Terms waives or limits any right or remedy that California law makes non-waivable, including rights under the Consumers Legal Remedies Act.

12. Governing law and dispute resolution

Please read this section carefully — it affects your legal rights, including how disputes are resolved and your right to bring a class action. It contains an agreement to arbitrate, a class-action waiver, and a 30-day right to opt out of both.

This Section applies to you only if you accepted it. It binds you only if Monarch holds a verified record of your affirmative acceptance of the version of these Terms containing it, as described in Section 1 and stated as a term in paragraph (f).

Who decides questions about this Section. Notwithstanding the American Arbitration Association's Consumer Arbitration Rules, any later amendment to those Rules, and any other rule referred to in this Section, a court — not the AAA and not an arbitrator — has exclusive authority to decide the formation, existence, scope, validity, enforceability, or applicability of this Section 12, and whether a particular claim must be arbitrated. No provision of these Terms delegates any of those questions to an arbitrator, and the reference to arbitration rules in paragraph (b) is not consent to such a delegation. This paragraph governs questions about these Terms; questions about a Paid Services Agreement are addressed by that agreement (Section 8).

Governing law. These Terms are governed by the laws of the State of California — subject to paragraph (g), which preserves the home-state protections of a user who lives somewhere else. If you have signed a Paid Services Agreement, Section 8 applies: for any dispute whose factual nucleus is the paid relationship, that agreement's governing-law, venue and dispute-resolution provisions govern instead of this Section 12, and continue to do so after the paid relationship ends.

(a) Informal resolution first. Before starting an arbitration or a court proceeding, the party raising a dispute will give the other written notice describing it and the resolution sought, and we will both try in good faith to resolve it for thirty (30) days. Section 14 states where each party's notice goes and when a notice becomes effective, and therefore when the thirty days begin. This step does not shorten or suspend any notice right you have under the California Consumers Legal Remedies Act (Civ. Code §1782). Either party may seek temporary provisional relief from a court to preserve the status quo pending arbitration, and public injunctive relief may be pursued as stated in paragraph (d).

(b) Binding individual arbitration. Except for the matters described in (d), any dispute arising out of or relating to these Terms or your use of the Site will be resolved by binding individual arbitration before a single arbitrator administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The procedural rules in effect when a demand is filed apply only to the extent they do not materially expand the claims subject to arbitration, the arbitrator's authority, or the rights waived in the version you accepted; any material expansion requires your affirmative acceptance, and no later rule or amendment changes the allocation of authority stated above. The arbitration is conducted in Sonoma County, California, by videoconference, or in the county where you live — your choice. Monarch will pay all arbitration fees and costs that the applicable consumer rules or California law (including Code of Civil Procedure sections 1281.97 and 1281.98) require the business to pay, and in any event your filing-fee responsibility will not exceed the filing fee for the equivalent claim in the Superior Court of California. Each of us bears our own attorneys' fees, except where the arbitrator awards otherwise under applicable law. Unless you opt out under (f), arbitration resolves covered disputes without a court or a jury. If the AAA declines or ceases to administer an arbitration under this Section, either party may proceed in a court of competent jurisdiction. After that declination the parties may agree in writing to another arbitration administrator; no term agreed before the dispute arose requires you to do so.

(c) Class-action waiver. To the fullest extent permitted by law, you and Monarch each waive any right to bring or participate in a class, collective, consolidated, or representative proceeding, and no class or representative arbitration is authorized.

(d) What is not arbitrated. Either of us may bring a matter within small-claims jurisdiction in the small claims court of Sonoma County, California, or — if you don't live in California — the small claims court of the county where you live. Nothing in this section waives your right to seek public injunctive relief, which may be pursued in the courts serving Sonoma County, California. If the class-action waiver in (c) is held unenforceable as to a particular claim, that claim proceeds in those courts and is severed, while the remaining claims are arbitrated. The forum sentences in this paragraph are subject to paragraph (g), including any non-waivable right you have to bring the claim in another court.

(e) Governing act. This section is governed by the Federal Arbitration Act.

(f) Your right to opt out. You may opt out of this entire Section 12 — keeping every other term of these Terms — by emailing [email protected] within thirty (30) days after you first affirmatively accept the version of these Terms containing this Section 12, as shown by the earliest verified acceptance entry that Monarch can establish was submitted by you; an entry linked only by a supplied email address does not by itself establish identity or acceptance. Your notice needs only to state clearly that you are opting out and to include your name and the email address you used when you accepted; typing your name is enough, and no handwritten signature and no e-signature platform is required. Where Monarch cannot produce a successfully stored, verified acceptance entry for your affirmative acceptance of that version, or where the entry is recorded unverified, this Section 12 does not bind you. An unverified entry does not start the thirty-day opt-out period, and if Monarch's records do not establish the date on which you first accepted that version, the period has not begun. Intentional alteration, deletion, or substitution of page-stamped release values does not rescind or modify terms actually accepted; whether the thirty-day opt-out period has begun depends on proof of actual affirmative acceptance. An unexplained mismatch, a mismatch caused by Monarch, or a failure of Monarch's systems is not evidence of acceptance and does not start the thirty-day period. Opting out affects no other term, and Monarch will not treat opting out as a breach or as a reason to decline to work with you. If you later sign a Paid Services Agreement, it carries its own separate opt-out right (in the Program Services Agreement, its §11.2(f)); an opt-out under this Section is not an exercise of that one.

(g) If you don't live in California. The choice of California law above does not deprive you of the protection of any mandatory consumer-protection, health-studio, or health-club statute of the state where you live that both applies to this transaction and cannot be waived by contract. Where such a home-state law gives you greater or non-waivable protection than California law on a particular issue, that home-state law governs that issue; California law and the rest of these Terms continue to govern everything else. Nothing in these Terms waives, limits, or shortens any right or remedy that applicable law makes non-waivable — including any right under the California Consumers Legal Remedies Act (Civ. Code §§1750 et seq., including its §1782 notice procedure) — and any provision that would do so is, to that extent, void.

(h) If you live in New Jersey. Nothing in Sections 7, 11 or 12 waives, limits, or shortens any right or remedy that New Jersey law makes non-waivable. Any liability limitation, class or representative waiver, choice of law, venue term, or pre-dispute process in these Terms applies to a New Jersey resident only to the extent New Jersey law permits it. These Terms govern only the public-Site services described here; they do not govern a separately purchased paid service.

13. Changes to these Terms

I may update these Terms as the Site and the business change. If I do, I'll post the new version here with a new version number and a new effective date.

No version applies to conduct before its posted effective date. A change takes effect on the effective date shown at the top of this page and applies from that date forward. It does not change the version of these Terms you accepted.

How a later version reaches you depends on what changed. A change to the disclosures, warnings and separate consents in Sections 2, 5, 6, 7 and 9, or to the conditions of access and license in Sections 3 and 4, describes how Monarch operates the Site from the new effective date. Because none of those Sections by itself forms a contract with you, no acceptance of them is required and none is implied by your using the Site. A change to a contract term — the formation and scope rules in Section 1, Section 8, or any of Sections 10 through 15, including an arbitration agreement, a class-action waiver, a limitation of liability, or the incorporation in Section 10 — binds you only after you receive conspicuous notice of the change and affirmatively accept that version. A visit to the Site, or continued use of it, is neither notice nor acceptance. No arbitration agreement or class-action waiver in a later version applies to you unless you affirmatively accepted that version.

Changes to these Terms never change a Paid Services Agreement. Such an agreement is amended only as that agreement provides — in the Program Services Agreement, only by a writing signed by both parties (its §11.5).

Superseded versions. Every superseded version of these Terms is retained verbatim and is available from Monarch on request, so the question of what this page said on the day you accepted it always has an answer. Superseded versions are also published, unchanged, each at its own permanent address — see Previous versions at the foot of this page.

14. Contact and notices

Monarch Transformation Center LLC

1020 Copeland Creek Drive, Rohnert Park, CA 94928

Email: [email protected]

Telephone: (707) 230-5341

Where a notice goes. A notice under Section 12(a) to Monarch must be sent to the postal address or the email address above. A notice from Monarch to you will be sent to the most recent postal address or email address you provided in a submission Monarch holds a record of.

When a notice is effective. An emailed notice is effective on the earlier of (a) the recipient's written acknowledgment or (b) three (3) business days after it is sent to the correct address, provided the sender's system generates no delivery-failure notice. A mailed notice is effective on the earlier of (a) the recipient's written acknowledgment or (b) three (3) business days after documented mailing to the correct address. The thirty (30) day period in Section 12(a) begins on that date. These rules govern notices under these Terms.

A Paid Services Agreement has its own notice rule. When a Paid Services Agreement supplies an applicable notice rule, that rule controls and this Section 14 does not amend it. PSA §11.6 defines written notice as email to signature-page addresses, makes routine notices effective on send, and makes termination-related notices effective on the earlier of (a) the recipient's written acknowledgment or (b) three (3) business days after send to the correct address, provided the sender's system shows no delivery failure. Whether that rule reaches the Partner Program Agreement through §5.1 is unstated there; these Terms do not resolve that silence. Because a Site user has no signature page, this Section also provides for postal notice for standalone Site disputes.

15. Severability

Except where Section 12(d) provides a specific rule for the class-action waiver, if any provision of these Terms is held invalid or unenforceable, that provision is severed or reformed only to the minimum extent the law requires, and the remainder of these Terms continues in full effect.

Previous versions: v1.0 — effective 2026-06-30; superseded 2026-09-10