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These Terms of Service (the "Terms") govern your access to and use of https://plusultraperformance.com (the "Website") and, together with your written proposal or coaching agreement, the online coaching services provided by Plus Ultra Performance LLC (the "Services"). Please read them carefully. They include a limitation of liability, an assumption of risk and a choice of governing law.

1. Acceptance of these Terms

By accessing or using the Website, you agree to these Terms. If you become a client, you also agree to them when you accept a proposal or sign a coaching agreement. If you do not agree, please do not use the Website or the Services. These Terms should be read together with our Privacy Policy, Cookie Policy and Health & Performance Disclaimer, which form part of them.

2. Who we are

The Website and the Services are operated by Plus Ultra Performance LLC ("we", "us" or "our"), a limited liability company organized under the laws of the State of New Mexico, United States, with its registered address at 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, United States. You can reach us by email at info@plusultraperformance.com.

3. Use of the Website

The Website provides information about our company and our Services and allows you to contact us. You agree to use it only for lawful purposes and in accordance with these Terms. You must not:

  • use the Website in any way that breaches any applicable law or regulation;
  • attempt to gain unauthorized access to the Website, its server or any connected system, or interfere with its security or normal operation;
  • introduce viruses, malicious code or other harmful material, or carry out denial-of-service or similar attacks;
  • use automated means (bots, scrapers or scripts) to submit the contact form, send spam or extract content;
  • impersonate any person or provide false information in the contact form;
  • copy, reproduce or republish Website content for commercial purposes without our written permission.

We may update, suspend or withdraw the Website or any part of it at any time. We do not guarantee that the Website will always be available, uninterrupted or free of errors.

4. Nature of the Services

We provide personalized online powerlifting coaching for adults, which may include strength programming for the squat, bench press and deadlift, technique review of training videos you send us, periodization and meet preparation, and accountability (check-ins, review and adjustment of your program). The specific content, format and duration of your Services are described in your written proposal or coaching agreement.

The Services are educational and coaching-oriented. They are not medical care, medical diagnosis or treatment, physiotherapy, injury rehabilitation, psychological care or any other licensed healthcare service, and they are not a substitute for the advice of a physician, physiotherapist or other qualified healthcare professional. Please read our Health & Performance Disclaimer.

4.1 Health screening is your responsibility

Before starting any training program with us, you should consult a physician, particularly if you have a medical condition, are pregnant or postpartum, have an injury, take medication or have not exercised recently. You agree to tell us, before starting and at any time during the Services, about any health condition, injury, limitation or change in your circumstances that may affect your ability to train safely. We may decline, pause or adapt the Services if we believe it is not safe or appropriate to continue without medical clearance.

5. Eligibility

The Website and the Services are intended only for individuals who are at least 18 years old and able to enter into a binding contract. By using the Services, you confirm that you meet these requirements. We do not provide Services to minors.

6. Proposals and coaching agreements

We do not publish prices on the Website. Each engagement starts with a written proposal or coaching agreement that states, before you pay anything, the format of the Services, the fees, the billing period and the currency. By accepting a proposal or signing an agreement, you enter into a contract with Plus Ultra Performance LLC. If there is a conflict between these Terms and the specific terms of your proposal or agreement, the proposal or agreement prevails for that engagement, to the extent permitted by law. Nothing on the Website is an offer capable of acceptance; it is an invitation to contact us.

7. Fees and payment

  • Fees. The fees for the Services are those stated in your written proposal or coaching agreement, in the currency indicated there.
  • Payment in advance. Unless your proposal states otherwise, fees are payable in advance for each billing period (for example, monthly), and the Services for a billing period begin once payment for that period has been received.
  • Payment method. Fees are collected through the payment method stated in your proposal. When payment is processed by a third-party payment provider, that provider's own terms and privacy policy also apply to the payment. We do not store full payment card details.
  • Renewals. Where your proposal provides for recurring billing, the Services renew automatically at the start of each billing period until you cancel as described in section 8.
  • Taxes. Fees are stated exclusive of any applicable sales, use, value added or similar taxes unless your proposal states otherwise. Where we are required to charge such taxes, they will be added and shown separately.
  • Late or failed payments. If a payment is late, declined or reversed, we may pause the Services until payment is received. We will contact you before doing so. Pausing the Services for non-payment does not extend or refund the billing period affected.
  • Changes to fees. We will give you at least 30 days' written notice by email of any change to recurring fees. The new fees apply from the next billing period after the notice period ends, and you may cancel before then.

8. Cancellation and refunds

This section is our cancellation and refund policy. We do not offer a money-back guarantee.

  • Cancelling future renewals. You may cancel future renewals at any time by sending written notice to info@plusultraperformance.com before your next billing date. Cancellation takes effect at the end of the billing period already paid, and you will continue to receive the Services until then. We will confirm your cancellation by email.
  • Periods already started and work already delivered. Fees for a billing period that has already started, and fees for personalized work already delivered (such as programs, plans or reviews prepared specifically for you), are non-refundable, except where applicable law requires otherwise or your proposal states otherwise.
  • Duplicate or incorrect charges. If you are charged twice or charged an incorrect amount, tell us at info@plusultraperformance.com. Once we have verified the error, we will refund the duplicate or excess amount to the original payment method.
  • If we cancel or cannot deliver. If we terminate the Services for reasons other than your breach of these Terms or of your agreement, or if we are unable to deliver the Services, we will refund the prepaid, unused portion of the current billing period on a pro-rata basis.
  • Statutory rights. Nothing in this section limits any non-waivable right you may have under the consumer protection law of your country or state of residence, including any statutory right to withdraw from a distance contract where it applies. Where such a right applies and you ask us to begin the Services during the withdrawal period, you may be required to pay for the Services provided up to the time you withdraw.
  • Refund method. Approved refunds are issued to the original payment method; the time it takes to appear depends on your payment provider.

Chargebacks: if you believe a charge is wrong, please contact us first so we can resolve it quickly. Initiating a chargeback without contacting us may lead to the Services being paused while the dispute is resolved.

9. Your responsibilities as a client

You agree to:

  • provide accurate, complete and up-to-date information about yourself, your goals, your training history and any relevant health matter;
  • train and follow guidance within your own capacity, using proper technique, suitable equipment and a safe environment;
  • immediately stop exercising and seek medical help if you experience pain, chest discomfort, dizziness, fainting, shortness of breath beyond normal exertion, or any other unusual symptom, and inform us before resuming;
  • follow the advice of your physician or other healthcare professionals, which takes priority over any coaching guidance;
  • keep any login details or private links we provide confidential;
  • communicate respectfully with us. We may end the Services if a client is abusive or threatening.

10. Assumption of risk

Strength training, including lifting heavy loads in the squat, bench press and deadlift, involves inherent risks, including the risk of injury, illness and, in rare cases, serious harm. You understand these risks and voluntarily assume them when you choose to follow any program or guidance. You are responsible for deciding whether an exercise or recommendation is appropriate for you and for how you carry it out, particularly because we coach you online and are not physically present to supervise you. Train within your capacity and use appropriate safety measures, such as safety pins, safety arms or a competent spotter, whenever you lift heavy loads.

11. No guarantee of results

Individual results depend on many factors outside our control, including genetics, health, adherence, sleep, stress and lifestyle. We do not promise or guarantee any specific result, including any specific lift, total, competition placing, strength, body composition, health, athletic or performance outcome, or any result within a specific time frame. Any examples or targets discussed during coaching are illustrative and are not promises.

12. Intellectual property

The Website and all its content (including text, design, graphics, logos and the Plus Ultra Performance name and brand), and all programs, plans, templates, documents and other materials we provide as part of the Services, are owned by or licensed to Plus Ultra Performance LLC and are protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable and revocable license to use the materials we provide to you solely for your own personal, non-commercial use during and after your engagement. You may not copy, sell, share, publish, redistribute, adapt or use them to coach others without our prior written permission.

13. Third-party links and services

The Website or our communications may contain links to third-party websites or rely on third-party services (such as a payment provider). We do not control and are not responsible for third-party websites or services, and their own terms and privacy policies apply to your use of them.

14. Disclaimer of warranties

The Website and its content are provided "as is" and "as available", for general information only. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement in relation to the Website. We do not warrant that the Website will be secure, error-free or free of viruses. The Services will be provided with reasonable care and skill as described in your agreement.

15. Limitation of liability

To the fullest extent permitted by applicable law:

  • our total aggregate liability to a client arising out of or in connection with the Services, these Terms or your agreement, whether in contract, tort (including negligence) or otherwise, is limited to the total fees you paid to us in the 3 months immediately before the event giving rise to the claim;
  • our total aggregate liability to a Website visitor who is not a client is limited to USD 100;
  • we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business opportunity, goodwill or data, even if we were advised of their possibility.

Exceptions. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law, and nothing affects the non-waivable rights you have as a consumer. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Plus Ultra Performance LLC and its members, managers, contractors and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Website or the Services, your provision of false or incomplete information, or your violation of any law or third-party right. This section does not apply to the extent a loss is caused by our own breach or negligence.

17. Suspension and termination

We may suspend or terminate your access to the Website or the Services if you materially breach these Terms or your agreement, fail to pay fees when due, behave abusively, or if continuing would be unsafe or unlawful. You may end the Services as described in section 8. Termination does not affect rights and obligations that arose before it. Sections 10 to 16, 18 and 19 survive termination.

18. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, the Website or the Services are governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-law rules. Subject to section 19, the state and federal courts located in Bernalillo County, New Mexico have jurisdiction over any such dispute. This choice of law and forum does not deprive you, if you are a consumer, of the protection of the mandatory provisions of the law of your country or state of residence, or of any right to bring proceedings in the courts of your place of residence where that law grants it.

19. Informal dispute resolution

Before starting any formal proceedings, you and we agree to try to resolve any dispute informally. Please send a written description of the issue and the outcome you are seeking to info@plusultraperformance.com. We will do the same if we have a dispute with you. Both parties will negotiate in good faith for at least 30 days from receipt of the notice. If the dispute is not resolved within that period, either party may proceed as set out in section 18. Nothing in this section prevents either party from seeking urgent interim relief from a court or from contacting a consumer protection authority.

20. General provisions

  • Severability. If any provision of these Terms is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
  • Entire agreement. These Terms, the policies they refer to and your written proposal or coaching agreement constitute the entire agreement between you and us regarding their subject matter and supersede any prior understandings.
  • No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
  • Assignment. You may not transfer your rights under these Terms without our consent. We may transfer our rights and obligations to a successor entity, provided your rights are not reduced.
  • Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of internet or hosting infrastructure, natural disasters or acts of government. If such an event prevents delivery for more than 30 days, section 8 applies to prepaid unused periods.
  • Language. These Terms are available in English and Spanish. Both versions have the same content; if there is any inconsistency, the version in the language of your proposal or agreement prevails.

21. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page shows when they were last revised. Changes apply to the Website from the date of publication. For current clients, material changes will be notified by email at least 30 days in advance and will apply from the next billing period; if you do not agree, you may cancel before they take effect.

22. Contact

For any question about these Terms, please contact Plus Ultra Performance LLC by email at info@plusultraperformance.com or by post at 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, United States.