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Terms & Conditions

Terms & Conditions

Welcome to Athlete Performance Enhance Athletics LLC (“Company,” “we,” “us,” or “our”), a California manager-managed limited liability company.

 

By accessing this website, booking services, submitting any Wix form, or participating in training, you agree to these Terms & Conditions. If you do not agree, do not use our website or services.

 

 

 

1. Acceptance of Terms (Wix Click-Wrap)

 

 

Use of this website or submission of any Wix form constitutes electronic acceptance of these Terms, the Company’s Liability Waiver, and Privacy Policy, all of which are incorporated by reference.

 

You acknowledge that checking an agreement box on a Wix form carries the same legal effect as a handwritten signature under California law.

 

 

 

2. Eligibility

 

 

You must be:

 

  • At least 18 years old, or

  • Have a parent or legal guardian agree on your behalf

 

 

The Company may deny service at its sole discretion.

 

 

 

3. Services Provided

 

 

The Company provides:

 

  • Athletic performance training

  • Strength & conditioning

  • Speed, agility, and sport-specific instruction

  • In-person and online programs

 

 

All services are provided “as is” and “as available.”

The Company may modify or discontinue services at any time.

 

 

 

4. No Medical Advice

 

 

The Company does not provide medical advice, diagnosis, or treatment.

 

You are solely responsible for:

 

  • Determining your physical readiness

  • Obtaining medical clearance when required

  • Disclosing injuries or limitations

 

 

 

 

5. Assumption of Risk & Waiver Integration

 

 

Athletic training involves significant inherent risks.

 

You expressly acknowledge that:

 

  • Participation is voluntary

  • You assume all risks

  • You have executed or will execute a separate Liability Waiver & Assumption of Risk

 

 

In the event of conflict, the Liability Waiver controls.

 

 

 

6. Return-to-Play & Participation Restrictions

 

 

You may not resume training after injury without written medical clearance.

 

The Company:

 

  • May restrict or deny participation for safety reasons

  • Is not responsible for return-to-play determinations

 

 

Training without clearance is done entirely at your own risk.

 

 

 

7. Youth Athletes

 

 

For participants under 18:

 

  • A parent or legal guardian must consent

  • The guardian assumes all responsibility

  • The Company may terminate participation for safety or compliance

 

 

 

 

8. Payments, Cancellations & Refunds (Wix Bookings)

 

 

  • Payments are due in advance unless stated otherwise

  • Missed sessions may be forfeited

  • Refunds are discretionary

 

 

The Company is not responsible for non-attendance or scheduling conflicts.

 

 

 

9. Conduct & Termination

 

 

The Company may suspend or terminate services for:

 

  • Unsafe behavior

  • Failure to follow instructions

  • Disruptive or abusive conduct

  • Misrepresentation of health status

 

 

Termination for cause does not require refunds.

 

 

 

10. Intellectual Property

 

 

All website content, programs, videos, logos, and materials are owned by the Company.

 

You may not:

 

  • Copy or redistribute materials

  • Share proprietary programs

  • Use content for commercial purposes

 

 

 

 

11. Photo, Video & Media Use

 

 

Media captured during training is governed by the Photo/Video & Likeness Release executed separately.

 

Ownership remains with the Company.

 

 

 

12. Manager-Managed LLC Limitation of Liability

 

 

You acknowledge that:

 

  • The Company is a manager-managed LLC

  • No personal liability attaches to managers, members, employees, or contractors

  • Claims are limited to the assets of [Business Name], LLC, to the fullest extent permitted by law

 

 

 

 

13. Disclaimer of Warranties

 

 

Services are provided without warranties, express or implied.

 

No guarantees are made regarding:

 

  • Performance outcomes

  • Injury prevention

  • Athletic advancement

 

 

 

 

14. Limitation of Liability

 

 

To the maximum extent permitted by California law:

 

  • The Company is not liable for indirect or consequential damages

  • Liability shall not exceed amounts paid for services

 

 

 

 

15. Indemnification

 

 

You agree to defend, indemnify, and hold harmless the Company and its Protected Parties from claims arising from:

 

  • Your participation

  • Violation of these Terms

  • Negligence or misconduct

 

 

 

 

16. Arbitration (California Arbitration Act)

 

 

All disputes shall be resolved by binding arbitration under the California Arbitration Act (CCP §1280 et seq.).

 

  • Venue: County where the Company operates

  • No jury trial

  • Arbitration decision is final

 

 

 

 

17. Governing Law

 

 

These Terms are governed by the laws of the State of California.

 

 

 

18. Severability

 

 

If any provision is unenforceable, remaining provisions remain in effect.

 

 

 

19. Entire Agreement

 

 

These Terms, together with the Waiver and Privacy Policy, form the entire agreement between you and the Company.

 

 

 

20. Contact Information

 

 

Athlete Performance Enhance Athletics LLC

Email: Apeathletics2@gmail.com

Location: Sacramento, CA

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