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Peak Performance Training & Nutrition LLC — Terms of Service

Effective Date / Last Updated: February 24, 2026
Business Name: Peak Performance Training & Nutrition LLC (“PPTN,” “Company,” “we,” “us,” “our”)
Facility Address: 35 McCormick Lane, Martinsburg, WV 25405
County/State: Berkeley County, West Virginia

These Terms of Service (“Terms”) are a binding agreement between you and PPTN. By accessing our facility, purchasing or using any services, booking sessions, signing up for a membership, or using our website or Members Portal, you agree to these Terms.

If you do not agree, do not use our services.

1) Definitions

  • “Participant” means any person who trains, attends, or uses PPTN services or the facility (including minors).

  • “Client” means the paying party (often a parent/guardian for a minor).

  • “Membership” means any recurring subscription plan offered by PPTN.

  • “Package” means any prepaid block of sessions or services.

  • “Members Portal” means any online account area used for waivers, booking, purchases, payments, and communication.

  • “Services” include training, assessments/testing, recovery services, coaching, facility use, and any related offerings.

2) Eligibility and Minors

You represent that you are at least 18 years old and have legal capacity to enter these Terms.
If the Participant is under 18, the parent/legal guardian must:

  • agree to these Terms,

  • sign all required waivers/agreements, and

  • remain responsible for all charges and compliance.

3) Scope of Services; No Medical Services

PPTN provides fitness/performance training and related services. PPTN is not a medical provider. Our Services do not diagnose, treat, cure, or prevent disease or injury. You should consult a physician for medical concerns or before beginning any training program.

4) Assumption of Risk; Waiver/Release Required

Athletic training, strength training, speed/agility work, and facility use involve inherent risks including serious injury, permanent disability, or death. Participation is voluntary. You assume all risks, known and unknown.

You may be required to sign separate documents including a Waiver/Release of Liability, Assumption of Risk, Minor Participant Agreement, and/or Informed Consent. If there is a conflict between these Terms and a signed waiver/release with respect to injury/assumption of risk/liability, the signed waiver/release will control.

5) Facility Rules and Conduct

You agree to follow all posted and verbal rules. PPTN may remove or ban any person for unsafe, disruptive, abusive, threatening, discriminatory, or inappropriate conduct. This includes conduct toward staff, other clients, or minors.

PPTN may deny participation for safety reasons (e.g., suspected concussion symptoms, unsafe behavior, undisclosed limitations).

6) Scheduling, Session Length, and Program Changes

PPTN may change schedules, session lengths, time slots, coaching assignments, programming, and facility layout at any time for operational, safety, or quality reasons. We will make reasonable efforts to communicate material changes.

Start/end times are enforced. Late arrivals may receive modified programming and/or reduced training time.

7) Booking, Attendance, Late Arrival, No-Show, and Make-Ups

Policies may vary by plan and will be displayed in the Members Portal or at purchase. Unless otherwise stated in writing by PPTN:

  • Late Arrival: Late arrivals may receive modified programming to maintain safety and schedule flow.

  • No-Show: Missed sessions without required notice may be treated as used/attended and may be charged.

  • Make-Ups: If make-ups are offered, they are subject to availability and must be scheduled within the timeframe specified by PPTN.

Repeated no-shows and/or chronic lateness may result in loss of preferred time slots, booking restrictions, or account suspension.

8) Memberships, Packages, and Auto-Renewal

Memberships

Memberships are recurring subscriptions unless canceled under Section 9. Membership benefits are defined by the plan selected.

Auto-Renewal Authorization

By purchasing a membership, you authorize PPTN to automatically charge the payment method on file at the recurring interval disclosed at checkout and/or in your Members Portal until you cancel.

Packages

Packages may have expiration dates, usage limits, and/or restrictions. Terms will be disclosed at purchase.

Non-Transferability

Memberships and packages are non-transferable without PPTN’s written approval.

9) Cancellations, Holds, and Plan Changes

Cancellation

You must cancel through the Members Portal (if available) or by written notice to PPTN at [INSERT EMAIL]. Cancellations generally take effect at the end of the current billing period unless otherwise stated at checkout.

Holds/Freezes (If Offered)

Holds, freezes, or medical pauses are not guaranteed and must be approved in writing. Conditions (documentation, time limits, fees) may apply and will be disclosed in the portal/policy.

Upgrades/Downgrades

Plan changes may take effect immediately or at the next billing cycle depending on the plan rules displayed at checkout/portal.

10) Fees, Payment Terms, Card on File, and Past Due Balances

Payment Methods / Card on File

PPTN may require a valid payment method on file to maintain an active membership, book sessions, or enforce attendance policies. Alternative payment methods may be accepted at PPTN’s discretion but do not eliminate your obligation to maintain an account in good standing.

Past Due Balances; Suspension

If your account is past due, PPTN may suspend booking privileges, participation, and/or facility access until payment is made or an approved payment plan is in place.

Returned/Failed Payments

You are responsible for resolving failed payments promptly. Fees may apply for failed payments or administrative processing where permitted.

Collections

If your account remains unpaid, PPTN may pursue lawful collection remedies, including use of a collection agency, and you may be responsible for reasonable costs of collection where allowed by law.

11) Refunds and Credits

Unless otherwise required by law or expressly stated in writing:

  • Membership fees are non-refundable once a billing cycle begins.

  • Packages/services are non-refundable once used (in whole or in part).

  • Credits, if any, are issued at PPTN’s discretion and may be time-limited.

12) Personal Property; Lockers

You are responsible for your belongings. PPTN is not liable for lost, stolen, or damaged personal property.

13) Photos/Video and Marketing (Optional)

PPTN may record or photograph training for coaching, educational, or promotional purposes. If you wish to opt out of public marketing use, you must notify PPTN in writing. PPTN will honor reasonable requests where practicable. (This section does not limit internal coaching use.)

14) Privacy and Data

PPTN may collect contact, billing, scheduling, and performance data needed to provide Services. We take reasonable steps to protect data, but no system is perfectly secure. By using Services, you consent to this collection and use for business operations.

15) Disclaimer of Guarantees

Results vary by individual. PPTN does not guarantee specific performance outcomes, scholarships, roster positions, injury prevention, or body composition changes.

16) Limitation of Liability (To the Extent Permitted by Law)

To the maximum extent permitted by West Virginia law, PPTN’s total liability for any claim related to Services, the facility, or the website/portal shall be limited to the amount paid by you to PPTN in the thirty (30) days preceding the event giving rise to the claim.

This limitation does not apply where prohibited by law and does not eliminate rights that cannot be waived under applicable law.

17) Indemnification

You agree to indemnify and hold harmless PPTN, its owners, coaches, employees, contractors, and agents from and against claims, damages, liabilities, losses, and expenses (including reasonable attorney’s fees) arising out of: (a) your breach of these Terms; (b) your misuse of the facility or Services; (c) your violation of any law; or (d) your acts/omissions, except to the extent caused by PPTN’s gross negligence or willful misconduct.

18) Termination of Services

PPTN may suspend or terminate Services for nonpayment, chargebacks, policy violations, safety concerns, or inappropriate conduct. Termination may be immediate. Fees already paid may be non-refundable as allowed by law and consistent with Section 11.

19) Dispute Resolution; Venue; Governing Law

These Terms are governed by the laws of the State of West Virginia.

You agree that any legal action relating to these Terms or Services shall be brought in a court of competent jurisdiction serving Berkeley County, West Virginia, and you consent to personal jurisdiction and venue in such courts.

20) Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date will change. Continued use of Services after an update constitutes acceptance of the updated Terms.

21) Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

22) Entire Agreement

These Terms, together with any signed waivers/releases, membership agreements, posted policies in the Members Portal, and purchase terms disclosed at checkout, constitute the entire agreement between you and PPTN regarding the Services.

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