Legal

TERMS & CONDITIONS

Last updated: September 16, 2026

1. Who We Are

This website and the services described on it are operated by Jon Martin, trading as CGX Performance ("CGX Performance", "we", "us", or "our"), located in Bargersville, IN 46143, United States. You can contact us at smartin0527@gmail.com or 317-658-2562.

These Terms & Conditions ("Terms") form an agreement between you and CGX Performance and govern your access to and use of our website, in-person personal training, youth strength & conditioning classes, nutrition planning, DIY training programs, and online coaching services (collectively, the "Services").

2. Acceptance of Terms

By accessing this website, purchasing a program or subscription, attending a class or session, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Services.

If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that organization to these Terms. If you are an individual purchasing for yourself, you confirm that you are at least 18 years of age, or that a parent or legal guardian has agreed to these Terms on your behalf (for example, when enrolling a minor in youth classes).

3. Description of the Services

CGX Performance provides fitness and coaching services, including:

  • One-on-one and small-group personal training sessions
  • Youth strength & conditioning group classes for ages 7–18
  • Nutrition planning, including In Body assessments
  • DIY downloadable training programs (one-time purchases)
  • Online and premium online coaching (monthly subscriptions)

We may update, change, or discontinue any part of the Services at any time. We do not guarantee that any particular feature or program will remain available.

4. Health Disclaimer — Not Medical Advice

Our Services provide fitness instruction, coaching, and general nutrition guidance. They are not medical advice, diagnosis, or treatment, and they are not a substitute for care from a licensed physician or other healthcare provider. Consult your physician before beginning any exercise or nutrition program, especially if you are pregnant, have a pre-existing medical condition, or are under medical care. You participate in physical activities at your own risk. Stop immediately if you experience pain, dizziness, or shortness of breath and seek medical attention.

Nutrition guidance is general in nature and is not suitable for treating medical conditions. Any In Body assessment results are informational only.

5. Accounts and Your Responsibilities

Where the Services require an account (for example, online coaching and program access), you must provide accurate and complete information and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.

6. Licence and Acceptable Use

When you purchase a DIY program or a coaching subscription, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the materials for your own personal, non-commercial use. You may not share, resell, redistribute, publish, or sublicense any program PDFs, videos, or coaching materials, and you may not circumvent any access limits or paywalls.

You agree not to misuse the Services. Prohibited conduct includes, without limitation:

  • Any unlawful, fraudulent, or abusive activity, including spam or harassment of our staff or other clients
  • Infringing our intellectual property or the rights of others, including copying or redistributing our programs and content
  • Interfering with the security of the website, including probing or scanning for vulnerabilities, introducing malware, scraping, or attempting to gain unauthorized access

7. Payment, Billing, and Subscriptions

Payment processing. Card payments for our digital programs are processed securely by Stripe. Where Stripe acts as merchant of record for your order, Stripe handles tax, billing enquiries and refund processing on our behalf; product support is always provided by us.

All prices are shown in US dollars. Payment, billing and tax mechanics are handled by Stripe at checkout; see Stripe's consumer terms. Cancellations and refunds are governed by our Refund Policy.

Subscriptions. Online coaching plans renew automatically each month until cancelled. You can cancel anytime via your client dashboard's "Manage Billing" option or by contacting us; cancellation stops future renewals and access continues through the end of the paid period.

In-person sessions and classes. Personal training packages and youth class payments are due at the time of booking or at the start of each month, as agreed with us directly. Session packages are non-transferable.

8. Intellectual Property

All content on this website and in our programs — including text, graphics, logos, workout programming, videos, PDFs, and the CGX Performance brand — is owned by CGX Performance or its licensors and is protected by copyright and other intellectual property laws. We grant you no rights in the Services except as expressly stated in these Terms. If you believe content on this site infringes your rights, contact us at the email above with details, and we will investigate and, where appropriate, remove the content. Repeated infringement may result in termination of your account.

9. Service Level; Warranties Disclaimed

The Services are provided "as is" and "as available." We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free, and we do not guarantee any particular fitness, performance, or health outcome. To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability and fitness for a particular purpose.

10. Limitation of Liability

To the fullest extent permitted by law, CGX Performance shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising from or relating to your use of the Services. Our total aggregate liability for any claim arising out of or relating to the Services is limited to the amounts you paid us in the twelve (12) months preceding the claim. Nothing in these Terms limits liability for fraud, gross negligence, death, or personal injury where such limitation is not permitted by law.

11. Indemnity

You agree to indemnify and hold harmless CGX Performance from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or content you submit to us.

12. Suspension and Termination

We may suspend or terminate your access to the Services, with or without notice, if you materially breach these Terms, fail to pay amounts due, create a security or fraud risk, or repeatedly or seriously violate any of our policies. Upon termination, your licence to use purchased materials ends, and any subscription access stops at the end of the current billing period. Sections that by their nature should survive termination (including intellectual property, limitation of liability, and indemnity) shall survive.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Indiana, United States, without regard to conflict-of-law principles. You and CGX Performance agree that the state and federal courts located in Johnson County, Indiana shall have exclusive jurisdiction over any dispute arising out of these Terms or the Services.

14. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date above shows when they were last revised. Material changes will be posted on this page, and continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms? Contact Jon Martin / CGX Performance at smartin0527@gmail.com or 317-658-2562.