Terms and Conditions
Last Updated: January 2025
1. Agreement to Terms
Welcome to PeakForm Training ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your access to and use of our website, services, and fitness training programs.
By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our services.
2. Account Registration and Use
2.1 Account Creation
To access certain features, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your password and account
- Accept all responsibility for activities under your account
- Notify us immediately of any unauthorized access
2.2 Age Requirements
You must be at least 18 years old to use our services. By agreeing to these Terms, you represent that you are at least 18 years of age.
2.3 Account Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms, with or without notice.
3. Services and Programs
3.1 Training Services
PeakForm Training provides fitness training programs, nutritional guidance, and related wellness services. Our services include:
- Personalized training programs
- Nutrition planning and guidance
- Online coaching and support
- Access to educational content and resources
3.2 Medical Disclaimer
Important: Our services are not medical advice. Always consult with a qualified healthcare provider before beginning any fitness program. You should not disregard professional medical advice or delay seeking it because of information obtained through our services.
3.3 Results Disclaimer
Individual results may vary. We do not guarantee specific results from our training programs. Success depends on various factors including effort, consistency, genetics, and individual circumstances.
4. Payment and Billing
4.1 Fees
You agree to pay all fees associated with your selected services. All fees are stated in U.S. dollars and are non-refundable except as required by law or as explicitly stated in our refund policy.
4.2 Subscription Services
For subscription-based services:
- Subscriptions automatically renew unless cancelled
- You authorize recurring charges to your payment method
- Prices are subject to change with 30 days notice
- Cancellation must be made before the next billing cycle
4.3 Refund Policy
Refunds may be available within 14 days of purchase for certain services. Custom programs and completed training sessions are non-refundable. Contact us for specific refund inquiries.
5. Intellectual Property Rights
5.1 Our Content
All content on our website, including text, graphics, logos, images, videos, training programs, and software, is the property of PeakForm Training and is protected by United States and international copyright, trademark, and other intellectual property laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our services for personal, non-commercial purposes. You may not:
- Reproduce, distribute, or publicly display our content
- Modify or create derivative works
- Use our content for commercial purposes
- Remove copyright or proprietary notices
- Share your account or access with others
5.3 Trademarks
PeakForm Training and our logo are trademarks. You may not use our trademarks without prior written permission.
6. Prohibited Uses
You agree not to use our services to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights of others
- Transmit harmful, threatening, or abusive content
- Harass, intimidate, or harm other users
- Impersonate any person or entity
- Distribute spam, viruses, or malicious code
- Attempt unauthorized access to our systems
- Collect user information without consent
- Use automated systems to access our services
- Interfere with the proper functioning of our services
7. Limitation of Liability
7.1 Assumption of Risk
You acknowledge that physical exercise and fitness activities involve inherent risks of injury. You voluntarily assume all risks associated with participating in our training programs.
7.2 Disclaimer of Warranties
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.3 Limitation of Damages
To the maximum extent permitted by law, PeakForm Training shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use or inability to use our services
- Any unauthorized access to your account or data
- Any interruption or cessation of our services
- Any injury or health issues related to our programs
Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless PeakForm Training, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any rights of another party
- Your participation in our training programs
9. Termination
9.1 By You
You may terminate your account at any time by contacting us or using account settings. Termination does not entitle you to a refund of unused services.
9.2 By Us
We may terminate or suspend your account immediately, without prior notice, if you breach these Terms. Upon termination:
- Your right to use our services ceases immediately
- We may delete your account and data
- You remain liable for all charges incurred
- Provisions regarding intellectual property, liability, and indemnification survive
10. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on our website
- Updating the "Last Updated" date
- Sending notice to your registered email (for significant changes)
Your continued use of our services after changes constitutes acceptance of the modified Terms.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States and the State in which PeakForm Training is principally located, without regard to conflict of law principles.
You agree to submit to the personal and exclusive jurisdiction of the courts located within the United States for resolution of any disputes.
12. Dispute Resolution
12.1 Informal Resolution
Before filing a claim, you agree to contact us to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.
12.2 Arbitration Agreement
If informal resolution fails, any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.
12.3 Class Action Waiver
You agree that disputes will be resolved individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.
13. General Provisions
13.1 Entire Agreement
These Terms constitute the entire agreement between you and PeakForm Training regarding our services and supersede all prior agreements.
13.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
13.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign our rights without restriction.
13.5 Force Majeure
We shall not be liable for any failure to perform due to circumstances beyond our reasonable control.
14. Contact Information
If you have any questions about these Terms, please contact us:
15. Acknowledgment
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.