Terms & Conditions & Liability Waivers

Version 08.2025

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING

By using the website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Melton Co. LLC, dba By Emilie (the “Company”, “By Emilie”, “we,” “us,” or “our”), and the participant (“User”) concerning your access to and use of the emiliemelton.com website as well as any other app, website, Stan Store, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). By purchasing, accessing, or participating in any coaching services, digital products, content, or programs provided by the Company, you agree to the terms of this Agreement. 

Your access to and use of this website, as well as all related websites or apps operated by emiliemelton.com ( the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Company are superseded and of no force or effect:

You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Company and are the property of the Company and/or its third party providers. You agree that such Content (hereafter “Company Content”) shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included on the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Company Content or its use for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or Company Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

1. Acknowledgment and Acceptance of Risk

1.1 Voluntary Participation

You acknowledge that your purchase and use of any product or service on this Site, is completely voluntary and that the Company makes no representation or warranty of its safety or its fitness for any particular purpose. 

1.2 Assumption of Responsibility

A.  The Company Products or Services Do Not Constitute Medical Advice or Other Professional Healthcare Advice.

Although The Company provides Company Content, products and services (“Products”) with your health and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by the Company, and obtain appropriate authorization before using any of the Company Products, especially if you are prone to injuries, are pregnant or nursing, are under 18 years of age, or have any other unique or special medical conditions. The Company and its representatives, including Emilie Melton, are not licensed or certified fitness trainers, nutritionists, dietitians, or medical professionals. ALL THE COMPANY’S PRODUCTS ARE PROVIDED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through the Company Products should not be relied upon when making medical or other important healthcare decisions. THE COMPANY DOES NOT PROVIDE CLINICAL SERVICES. THE COMPANY’S PRODUCTS ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; ITS PRODUCTS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. THUS, IT IS EXTREMELY IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN OR LICENSED HEALTHCARE PROVIDER – AND NOT THE COMPANY, IN CONNECTION WITH YOUR MEDICAL OR HEALTH CONDITION. YOUR USE OF ANY OF THE COMPANY PRODUCTS DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND THE COMPANY. 

Any individual results using the Company Products may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. The persons providing testimonials featured on the Site and/or related media or communication platform may have used products, services or resources other than Company products, nutrition programs and/or supplements, or extended the program to achieve their successful results.

B.  Nutrition Information.

Certain Company Products, such as nutrition plans provided with our fitness programs and online nutrition database, provide nutrition, food, caloric and other related information designed to help our customers eat healthy to help them reach their health and wellness goals. While any nutrition information we may provide is designed to safely align with our related exercise regimens, you must consult your physician or other licensed healthcare provider (AND NOT THE COMPANY) before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast-feeding. The Company Products are not a substitute for professional care. If you have or suspect you may have a medical or psychological problem, or a nutritional deficiency or dietetic condition, you should consult your medical doctor, psychologist or nutritionist, as appropriate.

D.  Metrics, Values and Figures Are Estimates Only.

Please remember that any metrics, values and figures presented or displayed on or within the Company Products are estimates only and may be inaccurate. This includes without limitation nutritional values, such as calorie, fat, protein, fiber, and other related values, and equipment-related values, such as heart rate, cadence, resistance and any other related values. You must only use such metrics, values and figures for general reference only and always consult your physician or other licensed healthcare provider for necessary or appropriate care and advice.

E.  Safety Warnings.

The Company may provide safety warnings, along with care and use instructions for certain exercises, equipment, products and services. You must always carefully read and follow all such warnings and instructions prior to beginning any exercise, or use of any equipment, products or services. Failure to read and follow any applicable warnings and instructions could result in serious injury and/or death to you and others.

F.  Age Restrictions.

You must always adhere to all minimum age restrictions and limitations related to any of the Company Products, including without limitation, any equipment and connected accessories.

G.  Assumption of Risk.

You expressly acknowledge and agree that your access, use and/or involvement with any of the Company’s Products (including without limitation, exercise, nutritional, and equipment and connected fitness bikes/products), may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, physical or emotional harm, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold the Company harmless from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any of the Company Products.

1.3 Global Release of Liability

This Waiver is binding regardless of the User’s location and applies to Users worldwide. The User agrees that any claims or disputes arising from this Waiver or participation in the Company Products will be governed exclusively by the laws of the jurisdiction in which the Company is based.

8. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, are either the property of, or used with permission by, the Company. The use of Company Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Company Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at hello@emiliemelton.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

9. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

10. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

11. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

12. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

13. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

14. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

15. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. DUE TO THE NATURE OF THE DIGITAL PRODUCT, THERE ARE NO REFUNDS OFFERED.

16. You agree that you will pay for all products you purchase through the Company. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THE COMPANY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. ALL SALES OF PRODUCTS ARE FINAL. Prices for products offered by the Company may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by the Company.

17. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

18. If your purchase includes calls with the Company, you are responsible for scheduling them. All bookings are non-refundable. If you have to cancel your call, please email hello@emiliemelton.com with the subject "CALL CANCELLATION- [date & time of your call]" no less than 48 hours before your call. If you do not show up to your call or reschedule within 48 hours, you forfeit your call.

19. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

20. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

21. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms

Binding Arbitration

Any disputes arising from this Waiver or any services, products, or content provided by the Company shall be resolved through binding arbitration, with the exclusive venue to be in Salt Lake or Utah County, Utah, and the laws of the State of Utah shall be applied without respect to conflicts of laws principles and each party waives their right to a trial by jury or to participate in a class-action lawsuit.

Participant’s Acknowledgment

By purchasing, you acknowledge that you have read and fully understand this Agreement, the Terms of Use, Privacy Policy and all liability waivers and disclaimers contained herein. You voluntarily agree to the terms and accept all risks associated with your participation with the Company’s Products, and related services.