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Terms of Service

Welcome to Performance 20/20 (together with its affiliates, “Trainers”, “Performance 20/20”, "We", “Us", or the "Company"). We are excited to have you as a user and as a client. We would like you to know that the following terms and conditions (collectively, these "Terms of Service") apply to our services (“Services”), including all training, related web sites, downloadable software, mobile applications (including tablet applications), and other services provided by us, or any digital media on which a link to this Privacy Policy is displayed, and all other communications with individuals though written or oral means (such as email or phone) directed at accessing or using any service we offer (together with the Site, the “Service”).

The Terms of Service also include our Privacy Policy, which you can review here: www.perform2020.com/privacy.

We want to keep our relationship with you as simple and informal as possible, but please read the Terms of Service carefully before you start using Performance 20/20.

Please keep in mind that this document is a legally binding agreement between you as the user of the Services (referred to as the “Client”, “you”, “your” or “User” hereinafter) and the Company. BY SELECTING "I AGREE" DURING ACCOUNT REGISTRATION, A PURCHASE, OR BY USING THE SERVICES PROVIDED, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE.

This agreement is made by and between Performance 20/20 LLC (“Performance 20/20”), its trainers (“Trainer” or “Trainers”), and the individual (“Client”). The Client hereby indicates their desire to engage the services of Performance 20/20 pursuant to the terms and conditions of this agreement.

 

  1. WAIVER OF LIABILITY. By signing up for and/or attending training sessions, camps, clinics, classes, events, activities, and other programs and using the premises, facilities, and equipment of Performance 20/20, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in any training program. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

If in the subjective opinion of the Performance 20/20 staff, you would be at physical risk from a training program, you understand and agree that you may be denied access to training until you furnish Performance 20/20 with an opinion letter from your medical doctor, at your sole cost and expense.In consideration of being allowed to participate in and access to the training program, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless Performance 20/20, Trainer(s), its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the training, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Performance 20/20's training, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Performance 20/20's training, and should not be participating.

  1. DISCLAIMER OF GUARANTEE. Nothing in this agreement and nothing in Performance 20/20’s statements to Client shall be interpreted or construed as a promise or guarantee about the progress or result of Client’s personal training program.

 

  1. COMMITMENT. By purchasing training services, Client is making a commitment to his/her sports vision training. Clients should follow the program and instructions of Trainer to the best of their ability to maximize their results and better achieve their goals. The ultimate results are up to the Client. Client understands that Performance 20/20 is responsible only for providing the coaching Client requests by hiring these services. Client is responsible for participation in this program.

 

  1. ATTIRE. Client must wear comfortable workout attire, including but not limited to, t-shirts, shorts, tights, sweats and/or pants. Athletic shoes must be supportive and functional.

 

  1. STOPPING EXERCISES. Client may refuse or stop any exercise for any reason. It is Client’s responsibility to notify Trainer of any discomfort or pain arising from or during exercise, as well as, any and all other know limitations Client has or experiences so that Trainer may accommodate Client.

 

  1. ASSUMPTION OF RISK. Client knows, understands and acknowledges that the use of a facility and equipment and amenities therein constitute an inherently risky recreational activity that may result in serious injury (such as paralysis and death), injury to third parties, and damage to property. Client hereby assume the risk both known and unknown of personal injury or death, injury to third parties, and damage to property that arise out of or relate in any way to Clients’ past, present or future use of the equipment and amenities.

 

  1. EXPIRATION.

    1. Private and semi-private training sessions expire one (1) year from the date of purchase, unless indicated otherwise.

    2. Classes expire one (1) year from the date of purchase, unless indicated otherwise.

    3. Camps and clinics are run for a limited date range. Consequently, training services only apply to a specific period and expire at the conclusion of the scheduled dates.

    4. Online training programs will auto renew and will expire subsequent to cancellation.

 

  1. SCHEDULING & PROGRAM FREQUENCY.

    1. Private and semi-private sessions. Trainer and Client shall agree upon the time, program frequency, and content of training sessions. Sessions will last approximately 45 to 60 minutes which may vary and may be modified at the discretion of Trainer.

    2. Classes. Classes have a recurring schedule which is subject to change. An updated calendar will be available on the Performance 20/20 website. Each class will have a minimum of 2 and maximum of 6 athletes who may vary in age and skill level.

    3. Clinics and camps. Clinics and camps are offered periodically for specific date ranges. An updated calendar will be available on the Performance 20/20 website. Each camp or clinic will have a minimum of 3 athletes who may vary in age and skill level.

    4. Online. Online training programs are updated monthly with one session per week. While a specific day may be scheduled, the athlete has the discretion to complete the training anytime and can repeat the session multiple times during the week.

 

  1. PREPARATION & DELAYS. Client shall be ready to train at the scheduled time. Failure to be prepared to train may result in a shortened workout or possible cancellation of the session if Client is more than fifteen (15) minutes late. If Client anticipates running late, he/she should contact Trainer as soon as possible. We will hold a reservation for up to 15 minutes after a session or class begins. Clients who are more than 15 minutes late may participate at the discretion of the Trainer.

 

  1. PAYMENTS. Payment for training services is required to be made by the Client on or before the date of any training sessions, classes, camps, clinics, or other training services. If payment is not otherwise made by the Client, charges for late cancellations or no show appointments will be charged to the Client's credit card or other account which is on file with Performance 20/20. In addition, charges for training services which are used by a Client but not otherwise paid for will be charged to the Client's credit card or other account which is on file with Performance 20/20 on the day on which the training is used.

 

  1. DISCOUNTS. Performance 20/20 may offer discounts on services to Clients who purchase a package or other promotion. These discounts only apply to specific packages and promotions. Any further or additional training services will be charged at regular rates then in effect. All promotions and discounts are separate from this section and are subject to the terms outlined within the parameters of each separate promotion and/or discount.

 

  1. UNPAID BALANCES. Client will not be permitted to use the facility or any services until all fees and charges are current. Client is obligated to pay any collection and/or legal costs incurred by Performance 20/20 for collection of any fees and/or charges. Performance 20/20 reserves the right to charge balances and overdue balances to the Client's credit card or other account which is on file with Performance 20/20. Further, Performance 20/20 reserves the right to charge the credit card or other account for the unpaid balance of any goods or services purchased and not paid for in another manner. If any check or credit card charges payable to Performance 20/20 is not honored, Management will assess a $25 charge for each check and credit card rejected and collect the current and past-due balance in any subsequent month.

 

  1. RESERVATIONS & CANCELLATION.

    1. Private and semi-private training sessions. Client may cancel or change the time of the session at least twenty-four (24) hours prior to the Session. Client will be charged for the full cost of the Session on any late cancellations or no-show appointments. If Trainer must cancel a Session, he/she will do so, by phone or e-mail, with at least 24 hours’ notice. Client may opt to make-up the missed Session due to the Trainer’s absence within a two-week time period following the cancellation. The Trainer will extend renewal date of Sessions in the event of an extended period of absence during the month due to vacation or illness if a substitute Trainer is unavailable to conduct sessions.

    2. Classes. In order to cancel a reservation in a class and return it to your account, you must unreserve by 5 PM the night prior to the class. Once your reservation is cancelled, the class will be returned to your account to be used at a future date; the class is not refunded. If you haven't cancelled by 5 PM the night before, your scheduled class will be charged to your series.Private and Semi-Private

    3. Camps and clinics. Reservations for camps and clinics are for a specific individual at the time of purchase. There is no cancellation for camps and clinics except as provided for in the Purchase Cancellation and Refund section of this agreement. Make up sessions may be provided at the discretion of Performance 20/20 based on availability.

 

  1. PURCHASE CANCELLATION AND REFUND. You have the right to cancel your purchase of training services. Your right to do so may vary depending on the applicable laws of each state in which Performance 20/20 operates. As a result, please review the relevant state-specific terms and conditions, which are provided below. In general, Client may cancel a purchase within three (3) business days after the day of purchase for a full refund of any and all monies paid for specific training services. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase. Performance 20/20 will refund the purchase price of your unused services within ten days after we receive your notice of cancellation. Clients shall have the option to receive the refund either to the original method of payment or Performance 20/20 credit.

 

  1. ADDITIONAL RIGHTS TO CANCELLATION. You may also cancel a purchase of training services with thirty (30) days written notice in person or by certified or registered mail for any of the following reasons:

    1. If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six (6) months.

    2. If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.

    3. If you move your residence more than twenty-five (25) miles from any facility operated by seller (must provide satisfactory proof of new residence)

    4. If, within the first twelve (12) months of purchase, your employment is involuntarily terminated without cause (must provide a letter from former Employer confirming termination of employment and reason for termination);

    5. If the purchased services of Performance 20/20 cease to be offered.

All monies paid for training services cancelled for the reasons in this paragraph shall be refunded provided, however, that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided, that the seller may demand the reasonable cost of goods and services which the buyer consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full price from the buyer. Client agrees that if Client received any free training services as an inducement to enter into this Agreement as a result of referring new clients or for any other reason, such inducements shall not be considered in computing the amount of any refund to which Client shall be entitled.

  1. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. In no event will Performance 20/20 be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchases, your rights to cancel your purchase, your registrations, your purchase of merchandise, your communications, and your use of and attendance at Performance 20/20 locations, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement. All information, goods, services, products and experiences are provided by Performance 20/20 on an "as is" basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. Performance 20/20 provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

 

  1. PERSONAL AND NON-COMMERCIAL USE. Performance 20/20 provides you with access to sports vision training, exercises, drills, equipment, and other resources (collectively defined as the "Services"). Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

 

  1. TRANSFERABILITY. This agreement shall be binding only between Performance 20/20 and the undersigned Client. Client may not sell, assign or transfer his/her rights to services to any other party without prior written permission.

 

  1. ENTIRE AGREEMENT. Except for the rules, regulations and schedules posted or issued orally at Performance 20/20 from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of Performance 20/20. Trainers are not authorized to make any independent agreements with any Client. If any provision or portion of this Agreement or the application thereof to any person or party or circumstances shall be invalid or unenforceable under applicable law, such event shall not affect, impair, or render invalid or unenforceable the remainder of this Agreement.

 

  1. LOCKERS. Lockers are provided solely for the benefit and convenience of clients. Management will remove any articles left in a locker overnight. Clients must provide their own lock.

 

  1. VALUABLES AND PERSONAL PROPERTY. Clients are urged to avoid bringing valuables onto the premises. Performance 20/20 shall not be liable for the loss of, or theft of, or damage to, the personal property of Client, including items left in lockers, or elsewhere in the facility.

 

  1. CHILDREN'S USE. Children under sixteen (16) years of age must be accompanied by a parent at all times. Performance 20/20 has the right to discontinue usage by any child whose behavior is offensive or who is unsupervised.

 

  1. Age Restrictions for Online Training. You may not create an Account unless you are 16 years of age or older. If You are a parent or guardian of a child under 16, then You may create an Account and allow Your child to access that Account and the Services under Your direct supervision. You will be solely responsible for all access to and use of the Services and that Account by Your child. If You are 16 or older but younger than 18, then You may establish Your own Account only if Your parent or guardian accepts this Agreement on Your behalf. If you are a parent or guardian entering this Agreement for the benefit of a child age 16 or older but under 18, then You agree You will be solely responsible for all access to and use of the Services and that Account by Your child.

 

  1. REVOCATION OF PURCHASE. Performance 20/20 reserves the right to revoke and cancel purchase(s) at any time for any reason, in which case Client will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement, provided that Seller may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Seller may demand the reasonable cost of goods and services which the Client has consumed or wishes to retain after cancellation.

 

  1. COMPLIMENTARY ITEMS. Complimentary items (including, but not limited to training services, gift cards or other promotional items) may be distributed at the discretion of Performance 20/20 and have no cash value. Only clients with an active account in good standing may redeem complimentary items in accordance with their terms and complimentary items become null and void upon termination or expiration for any reason.