1. Introduction
Welcome to Heatwave Performance.
These Terms & Conditions ("Terms") govern your use of the Heatwave Performance website, products, digital programs, coaching services, and any other services provided by Heatwave Performance LLC ("Heatwave Performance," "we," "us," or "our").
By accessing our website, purchasing a product, enrolling in a coaching program, or using any of our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.
2. Eligibility
To purchase products or participate in coaching services, you must:
- Be at least 18 years of age; or
- Have permission from a parent or legal guardian if under 18 years of age.
Participation by minors may require additional consent forms before coaching begins.
3. Our Services
Heatwave Performance provides a range of services including, but not limited to:
- Athlete Performance Complete
- Personal Training
- Performance Nutrition Coaching
- Everyday Performance Nutrition Coaching
- Digital Training Programs
- Digital Nutrition Programs
- Educational Resources
- Consultations (one free 15-minute video call per person, and paid 45-minute Full Consultations)
- Email newsletter
- Merchandise
Availability of services may change without prior notice.
4. Coaching Services
Our coaching services are personalized to each individual client.
Coaching may include:
- Individualised training programming
- Nutrition coaching (where applicable)
- Performance guidance
- Progress reviews
- Exercise demonstrations
- Education
- Accountability
- Communication through the Heatwave Performance App
The level of support provided depends on the coaching package you purchase.
Coaching begins once onboarding has been completed and all required information has been received.
5. Client Responsibilities
To receive the greatest benefit from coaching, clients agree to:
- Complete requested onboarding information accurately.
- Communicate honestly with their coach.
- Complete regular check-ins where required.
- Follow coaching recommendations responsibly.
- Inform their coach of any injuries, medical conditions, or significant changes affecting training.
Clients remain responsible for their own decisions regarding participation in exercise and nutrition programs.
6. Digital Programs
Digital programs are self-guided educational products.
Unless specifically stated, digital programs:
- Are not personalized.
- Do not include coach communication.
- Do not include program modifications.
- Do not include ongoing accountability.
Digital products are licensed for personal use only.
You may not:
- Share
- Copy
- Redistribute
- Resell
- Upload
- Reproduce
any part of a digital product without written permission from Heatwave Performance.
7. Merchandise
Product descriptions, colors, and images are displayed as accurately as possible.
However, colors may vary depending on your device or monitor.
We reserve the right to:
- Modify products
- Update pricing
- Discontinue products
- Limit quantities purchased
at any time without notice.
8. Payments
All prices are displayed in the applicable currency at checkout.
The currency selector on our website shows approximate conversions for convenience only. Orders and bookings are processed in US dollars unless the checkout page states otherwise.
Payment is required before products or services are delivered.
We reserve the right to refuse or cancel any order where fraudulent activity or payment issues are suspected.
9. Returns & Refunds
Physical merchandise is subject to our Return Policy.
Digital products are non-refundable once purchased due to immediate access.
Coaching services are non-refundable once you sign up after your consultation, because every coaching program is customized for you and preparation begins immediately.
For full details, please refer to our Return & Refund Policy.
10. Coaching Cancellations
Your free consultation is there to help you decide whether coaching is right for you, with no commitment. Once you sign up after your consultation, payments are non-refundable.
If something unexpected affects your coaching, such as illness or injury, contact us and we will review your options, including a possible pause, in line with our Return & Refund Policy.
11. Health Disclaimer
All training, nutrition, and educational content provided by Heatwave Performance is intended for educational and informational purposes only.
Our coaching does not diagnose, treat, or cure medical conditions and should not replace advice from a qualified healthcare professional.
You should consult your physician or another qualified healthcare provider before beginning any exercise or nutrition program, particularly if you have an existing medical condition, injury, or health concern.
12. Assumption of Risk
Participation in exercise, sport, and nutrition programs involves inherent risks.
These risks may include, but are not limited to:
- Muscle soreness
- Fatigue
- Sprains
- Strains
- Injury
- Illness
By participating in any Heatwave Performance program, you acknowledge these risks and voluntarily assume full responsibility for your participation.
13. Results Disclaimer
Every individual responds differently to coaching.
Results depend on numerous factors including:
- Consistency
- Effort
- Nutrition
- Recovery
- Lifestyle
- Previous training experience
- Genetics
Heatwave Performance cannot guarantee specific results including:
- Weight loss
- Muscle gain
- Athletic performance
- Body composition
- Competition outcomes
14. Intellectual Property
All website content is owned by Heatwave Performance unless otherwise stated.
This includes:
- Logos
- Branding
- Training programs
- Nutrition resources
- Educational materials
- Videos
- Articles
- Graphics
- Downloads
- Digital products
No material may be copied, reproduced, distributed, modified, or sold without prior written permission.
15. User Conduct
When using our website or services, you agree not to:
- Violate any laws or regulations.
- Upload malicious software.
- Attempt to gain unauthorized access to our systems.
- Misrepresent your identity.
- Infringe on our intellectual property.
- Interfere with the operation of the website.
We reserve the right to suspend or terminate access if these Terms are violated.
16. Third-Party Services
Our website or services may contain links to third-party websites, applications, or services.
Heatwave Performance is not responsible for the content, policies, or practices of third-party providers.
Your use of third-party services is entirely at your own risk.
17. Privacy
Your privacy is important to us.
The collection and use of your personal information is governed by our Privacy Policy.
By using our website and services, you agree to the collection and use of your information in accordance with that policy.
18. Limitation of Liability
To the fullest extent permitted by law, Heatwave Performance LLC, its directors, employees, contractors, affiliates, and representatives shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website, products, coaching services, or digital programs.
Our total liability shall not exceed the amount paid by you for the relevant product or service.
19. Indemnification
You agree to indemnify and hold harmless Heatwave Performance LLC, its employees, contractors, affiliates, and representatives from any claims, liabilities, damages, losses, or expenses arising from:
- Your breach of these Terms.
- Your misuse of our services.
- Your violation of applicable laws.
- Your infringement of the rights of another person.
20. Changes to These Terms
We reserve the right to update or modify these Terms at any time.
Changes become effective immediately upon publication on our website.
Your continued use of our website or services constitutes acceptance of the updated Terms.
21. Governing Law
These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the State of California, United States, without regard to conflict of law principles.
22. Contact Us
If you have any questions regarding these Terms & Conditions, please contact us.
Heatwave Performance LLC
Mailing Address
P.O. Box 274
Ojai, California 93024
United States
Email: coaching@heatwaveperformance.com
Phone: +1 (805) 223-5032