Terms and Conditions of The Performance Instigator Online Subscription Services.
By completing the subscription sign-up, or accessing and participating in our online workouts, whether mental or exercise based, you agree to be personally bound by these Terms and Conditions, the laws of New Zealand, and you warrant that you are at least 18 years of age or have the permission of a parent or caregiver to participate with The Performance Instigator.
All references to “The Performance Instigator”, "Performance Instigator", "Jamie Rei - The Performance Instigator" “We”, “Us” or “Our” are references to or include Jamie Rei trading as The Performance Instigator, Jamie Rei as the principal and founder of The Performance Instigator, and any staff, contractors or other persons providing live-streamed or pre-recorded workouts or other authorized services for or on behalf of The Performance Instigator.
Users of The Performance Instigator are referred to below as “subscribers”, “participants”, “members” or “you” or “I” as the context requires.
The following sets out the terms and conditions for use of The Performance Instigator website, Facebook page, and the use of our online pre-recorded or live-streamed workouts of The Performance Instigator.
These terms and conditions are governed by the laws of New Zealand.
1. WHAT THE PERFORMANCE INSTIGATOR ONLINE SUBSCRIPTIONS ENTITLES YOU TO:
a. Upon accepting our terms and conditions of participation and paying the relevant subscription fee, the participant shall be given subscription access to the relevant Performance Instigator private Facebook group/s, for the mental or physical workout sessions for the period covered by the subscription fee, which shall be for:
Mental Performance Workouts:
2. CONDITIONS OF PARTICIPATION IN THE PERFORMANCE INSTIGATOR EXERCISE & MENTAL WORKOUT GROUPS:
By participating in any of The Performance Instigator workout groups, or in discussions between us and you, or generally among The Performance Instigator subscribers, you expressly acknowledge and accept that:
a. Jamie Rei, principal of The Performance Instigator is a qualified Performance Consultant. He is not a qualified nutritionist, medical practitioner or physiotherapist, and does not hold out himself or any other person participating in The Performance Instigator to have qualifications in any of these areas. While some general guidance or discussion may from time to time be provided within The Performance Instigator forums on topics touching on these areas, you accept that Jamie Rei and other members are not purporting to provide professional services or advice in any of these areas. The Performance Instigator does not purport to endorse the comments or advice of other members or its accuracy or completeness. Professional advice should be sought where necessary, in particular if you have special dietary needs, physical disabilities, injuries, or health conditions.
b. An examination by a physician should be obtained by all participants prior to involvement in any physical exercise program. If you have chosen not to obtain a physician’s permission prior to beginning physical workouts with The Performance Instigator, you hereby agree that you are doing so at your own risk.
b. The physical exercise workouts provided by The Performance Instigator follow the HIIT (High Intensity Interval Training), and Complex formats. You are solely responsible for ensuring you have a sufficient level of fitness and physical capability to participate in these styles of exercise.
c. Participants who are inexperienced in HIIT and Complex training or who are beginning with a low level of personal fitness are recommended to start with the beginner’s variations of the workouts provided by The Performance Instigator and to seek advice from The Performance Instigator or a qualified personal trainer if unsure how to carry out any HIIT exercises correctly.
d. The Performance Instigator does not provide any warranties or guarantees as to any specific result from participation in the workout sessions, whether physical or mental based.
e. If experiencing any unusual pain or discomfort during any Performance Instigator workouts, participants should cease the workout immediately and seek advice from a medical professional or physiotherapist before continuing with The Performance Instigator workouts.
f. The Performance Instigator shall not be legally responsible for or bear any legal liability for any harm or injury suffered by any participant as a result of their participation in Performance Instigator workouts and shall not accept any claim for compensation or reimbursement of medical costs associated with this.
g. To the extent any other legal claim is otherwise permitted by law and is established against us, our total liability in respect of all claims in connection with any services provided by The Performance Instigator shall be limited to the total sum of any subscription fees paid by you that relate to the cause of action established.
3. VARIATIONS TO SCHEDULED WORKOUTS:
a. In the event of illness, injury or any other such circumstances where The Performance Instigator cannot provide a new physical exercise workout/s for a given week, previously pre-recorded workouts may be used to substitute in this scenario.
b. The Performance Instigator reserves the right to substitute a live or pre-recorded workout session with a previously recorded workout if for any reason the minimum number of workout sessions cannot be provided in any one week.
c. While all efforts will be made to ensure all workouts take place at scheduled times, technical difficulties or internet connection issues may at times mean that workouts may be interrupted. commence later than the scheduled start time.
d. The Performance Instigator reserves the right to amend the scheduled days and times of any physical or mental workouts.
4. PRIVACY AND MARKETING
a. The Performance Instigator provides an online forum, with workouts (mental & physical) being streamed on Facebook, and subscribers able to post comments and share photos within the forum. By participating with The Performance Instigator, you accept that any comments or posts you make will be visible to all subscribers of The Performance Instigator forums. You also accept that your comments on The Performance Instigator Facebook page may be visible to other Facebook users outside of The Performance Instigator forums.
b. The Performance Instigator will use all reasonable endeavours outside of the circumstances in 4.a to respect your privacy. Should we wish to use any specific information about you, including posts about your personal experience in The Performance Instigator forum, or photos you publish in The Performance Instigator as part of any wider online promotional or marketing activities, we will seek your permission.
c. Subscribers and third parties are not permitted to advertise or promote their products or services within The Performance Instigator groups without the express written consent of Jamie Rei - The Performance Instigator.
d. The name “The Performance Instigator”, “The Performance Instigator” Logo, and all live streamed or uploaded recordings of physical or mental workout videos produced by The Performance Instigator are the intellectual property of Jamie Rei trading as The Performance Instigator. You must not use The Performance Instigator material to promote other services or products in any other forum, whether online or otherwise, without the express written permission of Jamie Rei trading as The Performance Instigator.
5. CANCELLATION AND REFUNDS:
Online Mental Performance Workout subscriptions are a one-off payment for a three month subscription period.
Intentional Exercise Group online subscriptions are on a recurring monthly payment plan. If you decide to cancel your exercise workout subscription, you expressly acknowledge and accept that:
a. You are required to give one week notice of the cancellation of your subscription by emailing email@example.com, which shall cease at the end of that notice period.
b. Participants with a month subscription shall not be entitled to a refund of the membership subscription for the month, irrespective of the reason for or timing of the cancellation.
We may cancel your membership with immediate effect, if:
c. You breach clause 4.c or 4.d; or
d. You otherwise breach the terms and conditions of subscription or commit an act that brings, or could bring the reputation of The Performance Instigator into disrepute.
In the event we cancel your subscription in accordance with these terms and conditions, The Performance Instigator will not be liable to issue a refund.
If you have signed up for a challenge, and only wish to have subscription for the duration of the challenge, you acknowledge and accept that it is your responsibility to contact The Performance Instigator to cancel this prior to the end of the challenge period.
If you have signed up for a free trial, you acknowledge that subscription will automatically begin at the end of your free trial period unless you cancel. If you wish to cancel, you are required to contact The Performance Instigator by emailing firstname.lastname@example.org, before the end of the trial period.