Montgomery Functional
Website Terms, Terms and Conditions, and Coaching Agreement
Effective Date: [March 17, 2026]
Business Name: Meticulous Montgomery Management LLC
Website: [www.montgomeryfunctional.com]
Contact Email: [www.[email protected]]
Location/Governing State: Florida, United States
These Website Terms and Terms and Conditions govern your use of our website, online coaching services, programs, digital materials, client portal, mobile application, forms, questionnaires, videos, emails, and any related services provided by Montgomery Functional.
Throughout these Terms, “Montgomery Functional,” “we,” “us,” “our,” or “Coach” refers to Montgomery Functional and its owner, coaches, contractors, representatives, or affiliates. “Client,” “User,” “you,” or “your” refers to any person accessing our website, purchasing a service, participating in a program, completing an intake form, using our content, or communicating with us.
Please read these Terms carefully. They affect your legal rights and responsibilities.
By accessing our website, purchasing a coaching package, subscribing to our services, completing an intake questionnaire, joining a challenge, downloading materials, or participating in any Montgomery Functional program, you agree to be bound by these Terms.
If you do not agree to these Terms, you should not use our website, purchase our services, or participate in our programs.
These Terms are not a substitute for professional legal advice. Montgomery Functional recommends having these Terms reviewed by a qualified attorney before use.
1. Introduction
Montgomery Functional provides online fitness coaching, exercise programming, general wellness education, nervous-system regulation education, habit-building support, nutrition guidance, accountability, and related digital resources.
Our coaching may include, but is not limited to:
Online fitness programming
Strength and conditioning recommendations
Mobility, flexibility, and recovery guidance
General nutrition education
Meal structure and macro guidance
Nervous-system regulation education
Breathwork, journaling, walking, and lifestyle habit practices
Client check-ins
Digital worksheets, videos, PDFs, and program materials
Online challenges, memberships, and coaching packages
Montgomery Functional does not provide medical care, emergency support, mental health therapy, diagnosis, treatment, physical therapy, registered dietitian services, or crisis intervention.
You must be at least 18 years old to purchase or participate in our services unless we receive written consent from a parent or legal guardian.
2. Acceptance of Terms
By using our website, submitting information, purchasing a program, subscribing to coaching, joining a challenge, downloading content, or communicating with Montgomery Functional, you confirm that:
You have read, understood, and accepted these Terms.
You are legally able to enter into this agreement.
The information you provide to us is accurate, complete, and current.
You understand that participation in fitness, nutrition, lifestyle, and regulation-based coaching involves personal responsibility and potential risk.
You understand that results are not guaranteed.
3. Services Provided
Montgomery Functional offers online coaching services designed to support physical fitness, self-awareness, consistency, lifestyle structure, movement, and nervous-system regulation.
Services may include:
Personalized or semi-personalized workout plans
General nutrition guidance
Macro or meal structure recommendations
Habit tracking
Weekly or periodic check-ins
Regulation practices such as breathing, journaling, walking, sleep routines, and stress-management tools
Educational content related to mindset, self-awareness, movement, and performance
Online community or challenge participation, where applicable
The exact services included depend on the coaching package, subscription, challenge, or program you purchase.
Montgomery Functional reserves the right to update, modify, or discontinue specific program features, materials, or delivery methods at any time, provided that reasonable efforts are made to continue delivering the core service purchased.
4. Client Responsibility
You understand and agree that your progress depends on your own effort, consistency, communication, honesty, and personal circumstances.
You are responsible for:
Providing accurate health, injury, lifestyle, nutrition, and fitness information
Informing us of any medical conditions, injuries, medications, limitations, or changes in health status
Following instructions safely and within your ability level
Stopping any exercise that causes pain, dizziness, shortness of breath, chest pain, faintness, or unusual symptoms
Seeking medical clearance before beginning a new exercise, nutrition, or wellness program
Communicating concerns, limitations, or discomfort promptly
Using personal judgment before applying any recommendation
Consulting appropriate professionals when needed
Montgomery Functional is not responsible for harm caused by inaccurate, incomplete, or withheld information provided by you.
5. Medical Disclaimer
Montgomery Functional is not a medical provider, physician, physical therapist, registered dietitian, psychologist, psychiatrist, counselor, or licensed mental health provider.
Our services are for educational, fitness, wellness, and general lifestyle purposes only.
Nothing provided by Montgomery Functional should be interpreted as:
Medical advice
Mental health treatment
Diagnosis
Physical therapy
Emergency support
Prescription of medication
Treatment for disease, injury, trauma, anxiety, depression, eating disorders, or other medical or psychological conditions
A replacement for care from qualified healthcare professionals
Before beginning any exercise, nutrition, supplement, breathwork, fasting, recovery, stress-management, or lifestyle program, you should consult with a qualified healthcare professional, especially if you have any pre-existing condition, injury, chronic illness, pregnancy, eating disorder history, mental health concern, or medication use.
If you experience a medical emergency, call emergency services immediately.
If you experience a mental health crisis, thoughts of self-harm, or thoughts of harming others, contact emergency services or an appropriate crisis support resource immediately.
6. Exercise Risk Disclaimer
You acknowledge that physical exercise carries inherent risks, including but not limited to:
Muscle soreness
Joint pain
Strains, sprains, or tears
Falls or accidents
Cardiovascular stress
Dizziness or fainting
Injury or aggravation of pre-existing conditions
You voluntarily assume all risks associated with participating in any exercise, movement, mobility, strength, conditioning, recovery, or performance program provided by Montgomery Functional.
You agree to stop any activity immediately if you feel pain, discomfort, dizziness, nausea, chest pain, shortness of breath, numbness, or any concerning symptom.
You agree that Montgomery Functional is not liable for injuries, health issues, or damages that may result from your participation except where prohibited by applicable law.
7. Nutrition Disclaimer
Montgomery Functional may provide general nutrition education, meal structure guidance, macro targets, food suggestions, hydration guidance, or habit-based recommendations.
We do not provide medical nutrition therapy or registered dietitian services unless specifically stated and performed by a qualified licensed professional.
Nutrition recommendations are based on the information you provide and are intended for general wellness and performance support. You are responsible for disclosing:
Allergies
Food intolerances
Medical conditions
Digestive issues
Medications
Eating disorder history
Religious, ethical, or personal food restrictions
Any other relevant nutrition-related information
You should consult a physician or registered dietitian before making significant dietary changes, especially if you have diabetes, hypertension, kidney disease, cardiovascular disease, gastrointestinal disorders, pregnancy, eating disorder history, or any other medical concern.
8. Nervous-System Regulation and Mindset Disclaimer
Montgomery Functional may provide education and tools related to nervous-system regulation, stress awareness, breathwork, journaling, habit formation, emotional awareness, self-reflection, and lifestyle structure.
These tools are not mental health therapy and are not intended to diagnose, treat, cure, or prevent any mental health condition.
Regulation practices may support awareness, calm, and consistency, but they are not a replacement for therapy, counseling, psychiatric care, trauma treatment, medication, or crisis intervention.
You are responsible for using these tools within your own capacity and seeking qualified professional support when needed.
9. Results and Expected Outcomes
Montgomery Functional believes that consistent application of our coaching methods can help many clients improve strength, fitness, awareness, confidence, habits, and lifestyle structure.
However, individual results vary.
Results may be affected by:
Genetics
Training history
Nutrition consistency
Sleep
Stress
Medical conditions
Hormones
Work schedule
Recovery
Client honesty and communication
Program adherence
Personal circumstances outside of our control
Montgomery Functional does not guarantee:
Weight loss
Muscle gain
Body composition change
Pain relief
Improved mental health
Specific fitness outcomes
Specific financial, emotional, or lifestyle outcomes
Any particular transformation within a specific timeframe
Testimonials, progress photos, client stories, and examples are for illustrative purposes only. They represent individual experiences and are not guarantees that you will achieve the same or similar results.
10. Client Intake and Accuracy of Information
Before receiving a personal plan or coaching recommendations, you may be asked to complete intake forms, questionnaires, assessments, check-ins, or consultations.
You agree that:
All information you provide will be accurate and complete.
You will update Montgomery Functional if your health, injury status, medications, schedule, goals, or limitations change.
Montgomery Functional may rely on the information you provide when creating recommendations.
Failure to disclose relevant information may increase your risk of injury or inappropriate recommendations.
Montgomery Functional reserves the right to pause, modify, or decline coaching if we believe your needs fall outside the scope of our services.
11. Communication and Support
Communication may occur through email, text, client portal, video call, social media, online app, or other designated platforms.
Montgomery Functional will make reasonable efforts to respond to client communication in a timely manner. However, response times are not guaranteed unless specifically stated in your package.
Coaching communication is not intended for emergencies, urgent medical issues, crisis situations, or immediate intervention.
You agree not to use coaching communication channels for emergency medical, psychological, or safety-related needs.
12. Payments, Subscriptions, and Billing
Payment terms depend on the service, package, subscription, challenge, or program purchased.
Payments may be collected through Stripe, PayPal, Venmo, bank transfer, coaching platform, invoice, or another approved payment processor.
Unless otherwise stated:
Coaching fees are paid in advance.
Monthly subscriptions renew automatically until cancelled.
Fixed-term packages must be paid according to the agreed schedule.
Missed or failed payments may result in paused access to coaching, materials, or services.
You are responsible for keeping your payment information current.
Montgomery Functional reserves the right to update pricing. If pricing changes for an active subscription, we will make reasonable efforts to provide advance notice.
13. Cancellation Policy
Monthly subscriptions may be cancelled according to the cancellation process provided at purchase or by contacting Montgomery Functional at [Insert Contact Email].
Once cancelled, you will not be charged for future billing cycles. You may continue to access the service until the end of your current paid period unless otherwise stated.
Fixed-term packages, discounted upfront packages, transformation programs, challenges, or limited-access programs may have separate cancellation terms.
Subscriptions generally cannot be paused unless Montgomery Functional agrees in writing.
If you cancel and later wish to rejoin, re-entry depends on availability, current pricing, and current program structure.
14. Refund Policy
Because Montgomery Functional provides customized coaching, digital content, time-based access, program design, and professional guidance, all sales are generally final unless otherwise stated in writing.
Montgomery Functional does not offer refunds for:
Completed coaching periods
Digital products already delivered
Downloaded materials
Missed check-ins
Failure to participate
Lack of adherence
Dissatisfaction with results
Change of mind
Unused portions of a subscription after the billing cycle has begun
Refund exceptions may be considered at the sole discretion of Montgomery Functional or where required by applicable law.
15. Missed Check-Ins, Calls, and Client Participation
If your package includes check-ins, calls, reviews, or coaching touchpoints, you are responsible for attending or submitting them on time.
Missed check-ins or calls may not be rescheduled unless Montgomery Functional agrees in writing.
Failure to participate, communicate, or complete assigned check-ins does not entitle you to a refund, extension, or credit.
Montgomery Functional may adjust support if a client repeatedly fails to communicate, submit required information, or follow agreed processes.
16. Personal Plans
Any personal plan, exercise program, nutrition guidance, or regulation protocol is created based on the information you provide.
A personal plan should not be treated as a comprehensive medical, physical therapy, psychological, or nutritional treatment plan.
You agree that:
You will use the plan only in the context intended.
You will not share, resell, copy, or distribute the plan.
You will not continue any movement, habit, or practice that causes concerning symptoms.
You will seek appropriate professional care when needed.
You will communicate changes in your body, schedule, recovery, stress, health, or goals.
17. Intellectual Property
All content provided by Montgomery Functional is owned by Montgomery Functional unless otherwise stated.
This includes, but is not limited to:
Website content
Coaching materials
Exercise programs
Meal guidance
Regulation protocols
Videos
PDFs
Worksheets
Challenge materials
Logos
Branding
Copywriting
Training systems
Program frameworks
Emails
Social media content
Client portal content
Templates
Digital downloads
You may use Montgomery Functional materials for your own personal, non-commercial use only.
You may not:
Copy, reproduce, distribute, or sell our materials
Share your login or program access
Republish our content as your own
Use our content for commercial purposes
Modify and resell our materials
Upload our paid content to public platforms
Use our name, logo, or brand without written permission
Violation of this section may result in termination of services and potential legal action.
18. Client Content, Photos, and Testimonials
You may voluntarily provide progress photos, videos, measurements, testimonials, feedback, screenshots, reviews, or other content.
Montgomery Functional will not publicly use your identifiable photos, name, testimonial, or transformation content without your consent.
If you provide written consent for us to use your content, you grant Montgomery Functional permission to use, reproduce, publish, display, and share that content for marketing, educational, or promotional purposes.
You may revoke future use of your testimonial or identifiable content by contacting us in writing. However, content already published, printed, or distributed may not be immediately removable from all channels.
Testimonials must reflect honest client experiences and may not be misleading. Results shown are individual examples and do not guarantee future outcomes.
19. Acceptable Use
You agree not to use our website, services, platforms, or community spaces:
For unlawful purposes
To harass, abuse, threaten, or harm others
To upload harmful software, spam, or malicious content
To copy or steal intellectual property
To impersonate another person
To misrepresent your identity, health status, or intentions
To interfere with the website or service
To share confidential client content
To solicit other clients without permission
To post offensive, discriminatory, or harmful material
Montgomery Functional reserves the right to remove content, restrict access, or terminate services for inappropriate conduct.
20. Online Community Conduct
If Montgomery Functional provides access to a group, challenge, community, chat, or social platform, you agree to maintain respectful and appropriate communication.
You may not:
Shame, bully, or harass other members
Give medical, legal, psychological, or financial advice unless qualified and authorized
Promote unrelated businesses without permission
Share private member content outside the group
Post harmful, explicit, hateful, or unsafe content
Disrupt the community experience
Montgomery Functional may remove any member from a community space at its discretion for violating these standards.
21. Third-Party Platforms and Links
Montgomery Functional may use third-party platforms such as payment processors, coaching apps, video platforms, scheduling tools, email systems, social media platforms, or file-sharing tools.
We are not responsible for the availability, privacy practices, security, policies, or performance of third-party platforms.
Our website or content may contain links to third-party websites. These links are provided for convenience only and do not imply endorsement.
You access third-party platforms at your own risk and should review their terms and privacy policies.
22. Privacy and Data
Use of our website and services may require you to provide personal information, including contact information, health-related information, fitness history, goals, progress data, photos, and payment information.
Montgomery Functional will make reasonable efforts to protect your personal information and use it only for legitimate business, coaching, communication, payment, and service-delivery purposes.
Use of the website and services may also be governed by our Privacy Policy and Cookie Policy, which should be published separately.
23. Website Availability and Disclaimers
Montgomery Functional makes reasonable efforts to keep the website, digital resources, and online services available and functional.
However, we do not guarantee that:
The website will always be available
The website will be error-free
The service will be uninterrupted
Digital materials will always be accessible
Third-party platforms will function without issue
Content will always be current or complete
The website will be free of viruses or harmful components
The website and services are provided on an “as is” and “as available” basis.
Montgomery Functional may modify, suspend, or discontinue any part of the website, content, or services at any time.
24. No Warranties
Montgomery Functional makes no warranties, express or implied, regarding:
The accuracy or completeness of website content
The suitability of a program for your specific needs
Your ability to achieve a particular result
The uninterrupted availability of services
The effectiveness of any exercise, nutrition, regulation, or lifestyle practice
The compatibility of services with your devices or platforms
All information is provided for general educational, fitness, wellness, and coaching purposes.
25. Limitation of Liability
To the fullest extent permitted by law, Montgomery Functional shall not be liable for:
Injuries resulting from exercise participation
Adverse reactions to nutrition changes
Emotional distress related to self-reflection or lifestyle work
Failure to achieve desired results
Business losses
Lost income
Lost opportunities
Loss of data
Third-party platform issues
Indirect, incidental, special, or consequential damages
Client failure to follow instructions
Client failure to disclose relevant health information
Events outside our reasonable control
Nothing in these Terms limits any liability that cannot be excluded under applicable law.
26. Assumption of Risk and Release
By participating in Montgomery Functional services, you voluntarily assume all risks associated with exercise, nutrition changes, lifestyle changes, nervous-system regulation practices, breathwork, habit development, and online coaching.
You agree to release, waive, and hold harmless Montgomery Functional, its owner, coaches, contractors, representatives, and affiliates from claims, damages, injuries, losses, or expenses arising from your participation, except where prohibited by law.
27. Termination of Services
Montgomery Functional reserves the right to suspend or terminate your access to services, materials, platforms, or communities if:
You violate these Terms
You fail to make required payments
You behave inappropriately or abusively
You misuse our materials
You provide false or misleading information
Your needs fall outside our scope of practice
Continuing services would be unsafe or inappropriate
You engage in conduct that harms Montgomery Functional or other clients
Termination does not remove payment obligations that arose before termination.
28. Program and Content Modifications
Montgomery Functional may update, revise, modify, or replace programs, resources, materials, exercises, check-in formats, communication methods, or coaching structures.
Changes may be made based on client needs, safety considerations, improved systems, business updates, platform changes, or evolving best practices.
We will make reasonable efforts to communicate significant changes that affect active clients.
29. Confidentiality
Montgomery Functional will make reasonable efforts to keep client information confidential.
However, confidentiality may not apply where disclosure is required by law, necessary for safety, required to process payments, needed to deliver services through third-party platforms, or authorized by you.
You agree not to disclose private information about other clients, community members, or Montgomery Functional internal materials.
30. Force Majeure
Montgomery Functional shall not be liable for delays or failure to perform caused by events beyond our reasonable control, including but not limited to:
Natural disasters
Illness
Internet outages
Platform failures
Power outages
Government restrictions
Emergencies
Acts of war or terrorism
Labor disputes
Payment processor issues
Other events outside our control
31. Transfer of Rights
You may not transfer your coaching package, subscription, login, program access, or rights under these Terms to another person without written permission from Montgomery Functional.
Montgomery Functional may transfer its rights or obligations if doing so does not materially reduce your rights under these Terms.
32. Changes to These Terms
Montgomery Functional may update these Terms from time to time.
Updated Terms will apply from the date they are published on the website or otherwise communicated to you.
Continued use of the website, services, or programs after changes are made means you accept the updated Terms.
33. Entire Agreement
These Terms, together with any signed coaching agreement, waiver, intake form, invoice, privacy policy, payment agreement, or written service description, represent the entire agreement between you and Montgomery Functional.
They replace any prior discussions, messages, proposals, or understandings related to the same subject matter.
34. Severability
If any part of these Terms is found to be invalid, illegal, or unenforceable, that part will be removed or limited to the minimum extent necessary.
The remaining sections will remain valid and enforceable.
35. Waiver
If Montgomery Functional does not enforce a right or provision immediately, that does not mean we waive the right to enforce it later.
No waiver is valid unless made in writing.
36. Governing Law and Jurisdiction
These Terms shall be governed by and interpreted according to the laws of the State of Florida, United States, without regard to conflict-of-law principles.
Any disputes arising from these Terms, the website, or Montgomery Functional services shall be handled in the appropriate courts located in Florida, unless otherwise required by applicable law.
37. Contact Information
For questions about these Terms, your subscription, cancellation, privacy, or coaching services, contact:
Montgomery Functional
Email: [www.[email protected]]
Website: [www.montgomeryfunctional.com]
Business Address: [382 NE 191st St, Miami, Florida 33179]
Client Acknowledgment
By purchasing, subscribing, accessing, downloading, participating in, or using Montgomery Functional services, you acknowledge that:
You have read and understood these Terms.
You understand Montgomery Functional does not provide medical, mental health, physical therapy, or registered dietitian services.
You understand exercise, nutrition, and lifestyle changes carry risk.
You accept personal responsibility for your participation.
You understand results are not guaranteed.
You agree to the payment, cancellation, refund, intellectual property, and liability terms above.
You agree to seek professional medical or mental health support when appropriate.
Effective Date: March 17, 2026
Business Name: Meticulous Montgomery Management LLC
Business Type: Online fitness, wellness, lifestyle, and coaching services
Montgomery Functional respects your privacy and is committed to protecting the personal information you choose to share with us. This Privacy Policy explains what information we collect, how we use it, how we share it, how we protect it, how long we keep it, and what choices you may have under applicable U.S. privacy laws.
By using our website, submitting a form, booking a call, purchasing a service, joining a coaching program, communicating with us, or otherwise interacting with Montgomery Functional, you agree to the practices described in this Privacy Policy.
1. Our contact information
Business Name: Montgomery Functional
Owner/Operator: James Montgomery / Montgomery Functional Online Coaching
Phone Number: [239-314-4137]
Email Address: [[email protected]]
Mailing Address: [382 NE 191st St, Miami, Florida 33179]
2. Information we collect
Montgomery Functional may collect the following categories of personal information:
Personal identifiers
This may include:
Name
Email address
Phone number
Mailing address, if provided
Social media handle, if you contact us through social media
Date of birth or age range, if needed for coaching readiness or consent purposes
Emergency contact information, if voluntarily provided
Coaching and fitness information
Because Montgomery Functional provides online fitness and wellness coaching, we may collect information related to your goals, training, lifestyle, and readiness, including:
Fitness goals
Training history
Exercise experience
Current activity level
Strength, mobility, conditioning, or performance goals
Workout logs
Program adherence
Check-in responses
Progress updates
Body weight
Body measurements
Progress photos, if voluntarily submitted
Nutrition habits
Sleep habits
Stress levels
Recovery habits
Lifestyle routines
Schedule availability
Barriers to consistency
Client questionnaire responses
Health-related information voluntarily provided by you
You may choose to provide certain health, wellness, injury, or medical-related information so we can better tailor coaching recommendations. This may include:
Past or current injuries
Physical limitations
Pain points or movement restrictions
Medical conditions you voluntarily disclose
Medications or treatments you voluntarily disclose
Pregnancy or postpartum considerations, if applicable
Mental/emotional readiness information you voluntarily share
Physician restrictions or exercise limitations
PAR-Q or exercise-readiness responses
Montgomery Functional does not request more health-related information than is reasonably necessary to provide safe and appropriate coaching guidance.
Payment and transaction information
We may collect or receive limited payment-related information, including:
Purchase history
Subscription status
Invoice records
Payment confirmation
Refund history
Billing name and contact details
We do not intentionally store full credit card numbers. Payments are generally processed by third-party payment processors, which may collect and process payment information under their own privacy policies and security practices.
Communication information
We may collect records of your communications with us, including:
Emails
Text messages
Direct messages
Website form submissions
Coaching check-ins
Consultation notes
Client support messages
Feedback, reviews, or testimonials
Website and technical information
If Montgomery Functional operates a website, landing page, form, app, or online platform, we may collect technical and usage information such as:
IP address
Browser type
Device type
Operating system
Pages visited
Links clicked
Referral source
Form activity
Website analytics
Cookie or tracking data, where applicable
Marketing information
We may collect information related to your marketing preferences, such as:
Whether you opted into emails or texts
Whether you requested a free resource
Whether you joined a challenge, waitlist, newsletter, or promotional list
Whether you unsubscribed or opted out
3. How we collect information
We collect personal information directly from you when you:
Submit a form
Book a consultation
Complete an intake questionnaire
Purchase a coaching service
Join a program, challenge, or waitlist
Send us an email, text, or direct message
Participate in client check-ins
Submit progress photos, measurements, or workout logs
Provide a testimonial or review
Interact with our website or social media pages
Communicate with us about your goals, needs, or results
We may also receive limited information from third-party platforms we use to operate Montgomery Functional, such as:
Payment processors
Scheduling tools
Coaching platforms
Form or survey tools
Email marketing platforms
Website hosting or analytics providers
CRM or client-management systems
Social media platforms
Accounting or invoicing systems
4. How we use your information
Montgomery Functional may use your personal information for the following purposes:
To provide coaching services
We use your information to deliver online coaching, including fitness programming, lifestyle coaching, accountability, nutrition guidance, check-ins, habit support, and program adjustments.
To personalize your program
We use your goals, history, schedule, lifestyle, limitations, and progress updates to tailor your coaching experience.
To communicate with you
We may use your contact information to:
Respond to inquiries
Schedule calls
Send coaching updates
Provide client support
Deliver program materials
Answer questions
Send reminders
Communicate about payments, subscriptions, or account issues
To process payments
We use payment and transaction information to:
Process purchases
Manage subscriptions
Send invoices
Confirm payments
Issue refunds
Maintain business and tax records
To support safety and appropriate coaching modifications
We may use health, injury, or readiness information you voluntarily provide to modify exercises, recommend lower-risk alternatives, suggest referrals to qualified professionals, or determine whether coaching should be delayed until you receive medical clearance.
To improve our services
We may use client feedback, program trends, coaching outcomes, and general usage information to improve Montgomery Functional’s programs, systems, content, client experience, and business operations.
To send marketing and educational content
We may send educational content, offers, updates, newsletters, challenges, promotions, or program information. You may unsubscribe from marketing emails at any time. The FTC’s CAN-SPAM guidance requires commercial emails to include a clear way for recipients to opt out of future marketing emails.
To use testimonials or transformation content
We will only use your name, testimonial, progress photos, screenshots, client messages, transformation details, or results for public marketing purposes if you give us permission.
To comply with legal and business obligations
We may use or retain information as needed for:
Tax records
Accounting
Insurance
Fraud prevention
Legal compliance
Contract enforcement
Dispute resolution
Business protection
Safety concerns
5. Health, fitness, and wellness information
Montgomery Functional provides online fitness, wellness, lifestyle, and coaching support. We do not provide medical diagnosis, medical treatment, physical therapy, psychotherapy, mental health treatment, emergency medical services, or individualized medical care.
You are responsible for providing accurate information about your health, injuries, limitations, and exercise readiness. You should consult a physician or qualified healthcare provider before beginning any fitness, nutrition, or wellness program, especially if you have a medical condition, injury, pain, pregnancy-related concern, or physician restriction.
HIPAA notice
Montgomery Functional is not automatically subject to HIPAA simply because clients may share fitness, wellness, or health-related information. HIPAA generally applies to covered entities and business associates, such as health plans, health care clearinghouses, and certain health care providers that transmit health information electronically in connection with covered transactions.
If Montgomery Functional ever works with a HIPAA-covered entity in a way that makes it a business associate, or if another specific law applies, we will handle applicable information according to those legal requirements.
Even when HIPAA does not apply, Montgomery Functional treats health-related, injury-related, and coaching information as private and sensitive.
6. How we share information
Montgomery Functional may share limited personal information with trusted third parties only when reasonably necessary for business, coaching, administrative, legal, or safety purposes.
We may share information with:
Payment processors
Scheduling platforms
Coaching software providers
Email marketing platforms
Website hosting providers
Form and survey platforms
CRM or client-management systems
Accounting and invoicing providers
Professional advisers, such as accountants, attorneys, insurance providers, or consultants
Contractors or assistants who support Montgomery Functional operations
Legal authorities, regulators, courts, or law enforcement when required by law
Emergency services or appropriate professionals if there is a serious safety concern
We do not sell your personal information for money.
We do not publicly share your progress photos, personal story, private messages, transformation results, screenshots, or testimonial content without your permission.
7. Service providers
We may use third-party service providers to help operate Montgomery Functional. These providers may process personal information on our behalf to perform services such as payment processing, scheduling, website hosting, email delivery, analytics, client management, or administrative support.
We only provide service providers with information reasonably necessary for them to perform their services.
However, third-party platforms may have their own privacy practices. You should review the privacy policies of any third-party platforms you use in connection with Montgomery Functional services.
8. Cookies, analytics, and online tracking
If we operate a website or landing page, we may use cookies, pixels, analytics tools, or similar technologies to understand website traffic, improve user experience, measure marketing performance, and support business operations.
These technologies may collect information such as:
IP address
Device type
Browser type
Pages visited
Links clicked
Time spent on pages
Referral source
General location data based on IP address
You may be able to disable cookies through your browser settings. Some website features may not function properly if cookies are disabled.
If we use advertising pixels, retargeting tools, or targeted advertising in the future, we will update this Privacy Policy as needed.
9. Marketing communications
Montgomery Functional may send marketing emails, newsletters, offers, challenge invitations, educational content, or program updates.
You can opt out of marketing emails at any time by:
Clicking the unsubscribe link in an email, if available
Replying with “unsubscribe”
Contacting us at [[email protected]]
Even if you opt out of marketing messages, we may still send non-marketing communications related to your coaching services, purchases, payments, account, or legal notices.
10. Text messages and direct messages
If you provide your phone number or communicate with us by text message, we may use that number to respond to you, provide coaching support, send reminders, or communicate about your services.
You may opt out of non-essential text messages by replying “STOP” or contacting us at [[email protected]].
Message and data rates may apply depending on your mobile carrier.
11. Progress photos, testimonials, and client results
Montgomery Functional respects the privacy of client results and transformation materials.
We will not publicly use or share your:
Progress photos
Transformation photos
Measurements
Weight changes
Screenshots
Private messages
Testimonials
Before-and-after content
Personal story
Name or likeness
unless you give us clear permission.
If you give permission, you may later withdraw permission by contacting us. However, we may not be able to remove content that has already been shared, reposted, printed, distributed, indexed by search engines, or captured by third parties.
12. Data security
Montgomery Functional uses reasonable administrative, technical, and organizational safeguards to protect personal information.
These safeguards may include:
Password-protected accounts
Limited access to client information
Secure third-party platforms where available
Two-factor authentication where practical
Restricted access to sensitive information
Secure deletion of records when no longer needed
Avoiding unnecessary collection of sensitive information
No method of electronic storage, transmission, or online communication is 100% secure. We cannot guarantee absolute security, but we take reasonable steps to protect your information. The FTC advises businesses to understand what personal information they collect, who has access to it, and how it moves through the business when designing safeguards.
13. Data retention
We keep personal information only as long as reasonably necessary for coaching, business, legal, accounting, tax, insurance, safety, or recordkeeping purposes.
Our general retention practices are:
Inquiry and consultation records: up to 24 months after your last interaction
Active client records: for the duration of the coaching relationship
Client coaching records: up to 6 years after the coaching relationship ends
Payment and invoice records: up to 6 years for accounting and tax purposes
Marketing records: until you unsubscribe or request removal
Testimonials and approved marketing materials: until withdrawn or no longer needed
Legal or dispute-related records: as long as reasonably necessary to protect legal rights
When information is no longer needed, we may delete, anonymize, archive, or securely dispose of it.
14. Data breach notice
If Montgomery Functional becomes aware of a data breach affecting personal information, we will take reasonable steps to investigate, respond, and provide notice where required by applicable law.
Because Montgomery Functional is based in the U.S. and may serve Florida clients, Florida’s Information Protection Act may be relevant. The Florida Attorney General states that the Florida Information Protection Act requires reasonable protection of personal information and breach notice to affected consumers, with notice to the Attorney General for breaches affecting 500 or more individuals.
If a federal or state health privacy breach notification law applies to a specific service, app, or platform we operate, we will follow applicable notice requirements.
15. Children’s privacy
Montgomery Functional does not knowingly collect personal information from children under 13 years old.
The Children’s Online Privacy Protection Act, or COPPA, applies to operators of websites or online services directed to children under 13, and to operators with actual knowledge that they are collecting personal information online from children under 13.
If we learn that we have collected personal information from a child under 13 without proper parental consent, we will take reasonable steps to delete that information.
Clients under 18 may be required to have parent or legal guardian consent before participating in coaching services.
16. Your privacy choices
Depending on your location and applicable law, you may have the right to request that we:
Confirm whether we process your personal information
Provide access to personal information we have about you
Correct inaccurate information
Delete certain personal information
Provide a copy of certain information
Restrict or limit certain uses
Opt you out of marketing communications
Opt you out of certain targeted advertising, sale, or sharing practices, if applicable
Withdraw consent for optional uses, such as testimonials or progress-photo marketing
To make a privacy request, contact us at:
Email: [[email protected]]
Phone: [239-314-4137]
We may need to verify your identity before completing certain requests.
17. State-specific privacy rights
Some U.S. states provide additional privacy rights depending on where you live and whether Montgomery Functional meets that state law’s applicability thresholds.
For example, the California Consumer Privacy Act, as amended, gives California consumers rights related to knowing what personal information is collected, deleting certain personal information, correcting inaccurate information, opting out of certain sale or sharing practices, and limiting certain uses of sensitive personal information.
Florida also has a state data privacy law known as the Florida Digital Bill of Rights. Florida Statutes identify this law under Chapter 501, Part V, “Data Privacy and Security,” and section 501.701 names it the “Florida Digital Bill of Rights.”
Not every state privacy law applies to every small business. However, Montgomery Functional will make a good-faith effort to review and respond to reasonable privacy requests.
18. California privacy notice
If you are a California resident and the California Consumer Privacy Act applies to Montgomery Functional, you may have additional rights, including the right to:
Know what categories of personal information we collect
Know the purposes for collecting personal information
Know what categories of personal information we disclose and to whom
Request deletion of certain personal information
Request correction of inaccurate personal information
Opt out of the sale or sharing of personal information, if applicable
Limit certain uses of sensitive personal information, if applicable
Not be discriminated against for exercising privacy rights
Montgomery Functional does not sell personal information for money.
To submit a California privacy request, contact us at:
Email: [[email protected]]
Phone: [239-314-4137]
19. Do Not Sell or Share My Personal Information
Montgomery Functional does not sell personal information for money.
If we ever engage in activities that qualify as “sale,” “sharing,” targeted advertising, or similar processing under applicable state privacy laws, we will update this Privacy Policy and provide any required opt-out method.
20. Links to third-party websites
Our website, emails, social media, or coaching materials may contain links to third-party websites, platforms, tools, or resources.
We are not responsible for the privacy practices, security practices, or content of third-party websites or platforms. You should review their privacy policies before providing information to them.
21. International users
Montgomery Functional is operated in the United States. If you access our services from outside the United States, your information may be processed in the United States, where privacy laws may differ from those in your location.
22. Changes to this Privacy Policy
We may update this Privacy Policy from time to time. The updated version will be identified by the “Effective Date” at the top of the policy.
If we make material changes, we may notify you by email, website notice, client platform notice, or another reasonable method.
Your continued use of Montgomery Functional services after an updated Privacy Policy is posted means you accept the updated policy.
How to complain or report a privacy concern
1. Contact Montgomery Functional first
If you have a concern about how Montgomery Functional collects, uses, stores, or shares your personal information, please contact us first so we can review and respond.
Montgomery Functional Privacy Contact
Email: [[email protected]]
Phone: [239-314-4137]
Mailing Address: [382 NE 191st St, Miami, Florida 33179]
Please include:
Your name
Your contact information
A description of your concern
The privacy right or issue involved
Any relevant dates, messages, screenshots, or documentation
We will make a good-faith effort to respond within a reasonable time.
2. Federal Trade Commission
If you believe a business has engaged in fraud, scams, identity theft, deceptive privacy practices, or bad business practices, you may report concerns to the Federal Trade Commission. The FTC lists ReportFraud.ftc.gov as the federal government’s website for reporting fraud, scams, and bad business practices.
FTC Consumer Response Center: 1-877-FTC-HELP
Identity theft reporting: IdentityTheft.gov
3. State Attorney General
You may also contact your state Attorney General’s consumer protection office.
For Florida consumers, the Florida Attorney General provides an online consumer complaint process. The Florida Attorney General’s Consumer Protection Division is the civil enforcement authority for violations of Florida’s Deceptive and Unfair Trade Practices Act and related consumer protection laws.
Florida Attorney General Consumer Protection Division
Consumer Complaint Form: available through the Florida Attorney General’s website
Main website: MyFloridaLegal.com
4. Health privacy complaints
If you believe your health information privacy rights were violated by a HIPAA-covered entity or business associate, you may file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights. OCR states that it can investigate complaints alleging violations of the HIPAA Rules against covered entities and business associates.
U.S. Department of Health and Human Services — Office for Civil Rights
OCR Complaint Portal: available through HHS.gov
Customer Response Center: 1-800-368-1019
TDD: 1-800-537-7697
This HIPAA complaint process may not apply to Montgomery Functional unless Montgomery Functional is acting as a HIPAA-covered entity or business associate.
5. Identity theft
If you believe your personal information has been used for identity theft, the FTC identifies IdentityTheft.gov as the federal government’s one-stop resource to report and recover from identity theft.