TERMS AND CONDITIONS

Overview

By accessing Summit Sports Per, LLC DBA Summit Sports Performance’s website or making purchases from us, you are engaging in our "Service" and hereby consent to be bound by the ensuing terms and conditions ("Terms"). These include supplementary terms, conditions, and policies referenced herein or linked through hyperlinks. These Terms of Service pertain to all users of the website or software services offered by Summit Sports Per, LLC DBA Summit Sports Performance, encompassing users such as job seekers, employers, recruiters, agencies, browsers, vendors, customers, merchants, and content contributors. These Terms particularly apply to customers utilizing software services provided by Summit Sports Per, LLC DBA Summit Sports Performance.

Prior to accessing or utilizing our software services or website, please thoroughly read and comprehend these Terms of Service. Your use of the services or any section of our website signifies your acceptance and commitment to these Terms of Service. Should you not concur with the entirety of the stipulations within this agreement, refrain from accessing the website or availing any services. In case these Terms of Service are interpreted as an offer, your acceptance is expressly limited to these Terms of Service.

Any newly introduced features or tools integrated into the current site will be subject to these Terms of Service. You have the ability to review the most up-to-date version of the Terms of Service on this page at any time. We reserve the prerogative to update, modify, or replace any segment of these Terms of Service by posting updates or changes on our website. It is your responsibility to periodically monitor this page for revisions. Your continued utilization of the website following the posting of any changes will be regarded as acceptance of those alterations.


Liability Waiver

I, a Client of Summit Sports Per, LLC DBA Summit Sports Performance, hereby affirm and declare as follows:

  1. I do not possess any known medical conditions that would inhibit my participation in any of Summit Sports Per, LLC DBA Summit Sports Performance's programs. The information I have provided regarding my medical and physical condition to Summit Sports Per, LLC DBA Summit Sports Performance is accurate to the best of my knowledge.

  2. My engagement in Summit Sports Per, LLC DBA Summit Sports Performance's programs is voluntary, and I possess the right to withdraw from these programs at any time. In case of withdrawal, I acknowledge my ongoing responsibility for any financial obligations that may have arisen during my participation.

  3. I hereby permanently relinquish any claims against Summit Sports Per, LLC DBA Summit Sports Performance, its agents, or employees stemming from my involvement in any of the Summit Sports Per, LLC DBA Summit Sports Performance's programs. This release is binding upon my heirs, legal representatives, and assigns.

  4. I hereby grant permission for Summit Sports Per, LLC DBA Summit Sports Performance to use data obtained from my participation in their programs for reports or publications, while preserving my anonymity unless explicit consent for disclosure is provided.

  5. In the event of physical injury incurred during my participation in Summit Sports Per, LLC DBA Summit Sports Performance programs, I acknowledge that Summit Sports Per, LLC DBA Summit Sports Performance will not provide me with medical or financial compensation. I will bear the responsibility to cover all medical expenses related to my participation through personal means or medical insurance.

Inherent Risks: Engaging in athletic development programs, as with any athletic activity, carries the possibility of muscular strains and ligament sprains. Summit Sports Per, LLC DBA Summit Sports Performance endeavors to minimize these risks. Experiencing muscle soreness when initiating a strength and conditioning program is common. I acknowledge reading this release and the information presented by Summit Sports Per, LLC DBA Summit Sports Performance, and I comprehend that I am releasing any claims arising from my participation in their programs.

Medical Disclaimer

The Summit Sports Per, LLC DBA Summit Sports Performance service provides health and fitness information and is designed for educational and entertainment purposes solely. Prior to initiating any new fitness regimen, you are advised to consult your physician or general practitioner. The information provided should not be utilized as a replacement for, nor does it substitute, professional medical advice, diagnosis, or treatment. Should you have any health-related concerns or inquiries, it is recommended to consult a physician or other healthcare professional. Disregarding, avoiding, or delaying medical advice from a healthcare professional based on information obtained from Summit Sports Per, LLC DBA Summit Sports Performance's site or service is not recommended. Utilization of information provided through the service is at your own risk and is not tantamount to medical or healthcare advice.

Nutrition Disclaimer

The Client acknowledges and understands that Summit Sports Per, LLC DBA Summit Sports Performance and its representatives are not registered dietitians or nutritionists licensed by the Commonwealth of Virginia. Any nutrition or dietary information, advice, or programming provided by the Summit Sports Per, LLC DBA Summit Sports Performance is intended for informational and educational purposes only and not as a substitute for professional medical or dietary advice from a registered dietitian or nutritionist

The Client agrees and understands that any decisions to follow or implement any nutrition or dietary recommendations provided by the Summit Sports Per, LLC DBA Summit Sports Performance are made voluntarily and entirely at the Client's discretion and risk. The Summit Sports Per, LLC DBA Summit Sports Performance shall not be held liable or responsible for any adverse health or other consequences arising out of or resulting from the Client's reliance on or use of the nutritional information provided by the Summit Sports Per, LLC DBA Summit Sports Performance.

The Client is strongly advised to consult with a registered dietitian, nutritionist, or other qualified healthcare professional regarding any dietary changes or nutrition-related questions. By engaging with the Summit Sports Per, LLC DBA Summit Sports Performance's services, the Client expressly waives any claims against the Summit Sports Per, LLC DBA Summit Sports Performance and its representatives related to the nutritional programming provided.

Informed Assumption of Risk

Engaging in baseball or golf activities such as throwing and hitting entails potential risks of injury. While proper training and program management can reduce these risks, they cannot be entirely eliminated, especially in high-velocity throwing and hitting. Rest, mechanics, training workload, and gradual progression are factors that we consider for injury reduction, yet the possibility of injury reduction is not guaranteed. I understand that participation in baseball of golf activities carries a risk of injury, encompassing minor and major injuries.

Billing and Payment

Payments associated with our coaching program must be fulfilled according to the agreed-upon plan. Summit Sports Performance LLC is entitled to collect outstanding payments, and non-payment may result in legal action or debt collection, with customers bearing associated costs. Clients authorize Summit Sports Performance to bill their associated payment method to collect any due, or outstanding payments owed to Summit Sports Performance. 

Third-Party Payment Vendors

In the event that third-party payment vendors are used for processing payments for services rendered by Summit Sports Per, LLC DBA Summit Sports Performance, the Client acknowledges and agrees that Summit Sports Performance does not have the authority to alter the terms or conditions of the agreement between the Client and the third-party payment vendor.

The Client understands that if they utilize a third-party payment vendor, no refunds will be issued directly by Summit Sports Performance. Any disputes, billing inquiries, or requests for refunds must be directed to the third-party payment vendor, and the Client agrees to resolve such issues through the third-party vendor's dispute resolution process. Summit Sports Performance is not responsible for managing or processing disputes or refund requests involving third-party payment vendors.

Client Pausing Policy

Clients of Summit Sports Performance are required to maintain an active membership unless a valid reason for pausing is provided. Pauses are subject to the following conditions:

  • Accommodations will be made for members who are unable to participate in physical activities due to valid medical reasons, supported by a doctor's note.

  • The request for membership pausing must be submitted in writing to the management team.

  • Client pausing is subject to approval by Summit Sports Performance management.

  •  During paused periods, Clients will not receive program materials or benefits. 

Overdue Invoice and Program Access

  • A 7-day grace period is granted for overdue invoices, starting from the original due date of the payment.

  • After the 7-day grace period, if payment remains overdue, the member's program access will be temporarily suspended until the outstanding payment is settled.

  • Any time lost due to the suspension of program access as a result of overdue invoices will not be compensated or made up.

  • If signed up for a hybrid program you will forfeit any and all monthly sessions included in the program during the unpaid time.

Early Termination Policy

If the member wishes to cancel their membership prior to the conclusion to the agreed upon date, the member will be required to pay 75% of the remaining balance of the membership fee within thirty days of cancellation. To cancel the member must notify a Summit Sports Performance staff member in writing of their request. If the client is enrolled in a hybrid program they forfeit all in person training sessions effective the date of cancellation.

Overdue Payment Collection

In cases of overdue payments, Summit Sports Performance will make three attempts to collect the outstanding payment through the contact information provided by the member.

If the payment remains unpaid after three attempts and 90 days have elapsed, the outstanding balance will be sent to a collections agency.

Any associated fees or costs incurred during the collections process will be the responsibility of the member.

Money Back Guarantee

Summit Sports Per, LLC DBA Summit Sports Performance offers a money-back guarantee for a 5-point improvement within 3 months of the first training cycle. Specific conditions include: 

  • Completion of both the initial and follow up assessment in full within the specified time frame 

  • 90% attendance to weekly check in meetings 

  • 90% completion of workouts assigned by the trainer 

  • No more lapse in communication of more than 10 consecutive days 

If the Client is awarded a money back guarantee, it may be applied to a credit to future training programs. If the Client signed up for a year, they will receive the pro- rated 3 month amount back. Refunds will be processed within 30 days of approval. 

Communication Policy

Effective communication between members and their assigned trainers is essential for successful program adjustments and progress tracking.

  • If a Client fails to communicate with their assigned trainer for 30 consecutive days, Summit Sports Performance will no longer make program adjustments during this period.

  • A trainer will make three attempts to connect with the Client through the provided contact information.

  • After three unsuccessful attempts, the trainer will cease initiating further communication. It will then become the Client's responsibility to reinitiate communication with the trainer.

Communication between the trainer and the Client must come through specified channels such as Slack, email, and weekly Zoom calls. While trainers may answer phone calls and text messages they are in no way obligated to respond to communication outside the specified channels. 

Please be advised that these policies are subject to change at the discretion of Summit Sports Performance. It is the responsibility of each member to review and understand the membership policies outlined above. By continuing your membership, you acknowledge and agree to adhere to these policies. If you have any questions or require clarification on any aspect of these policies, please contact our customer service team for assistance.

Notification of Injuries

In case of injury or discomfort during program execution or any outside activity, it is the Client's responsibility to inform the coaches for appropriate program adjustments.

Parental Involvement

Open communication with both the Client and parents is encouraged. Parents may have access to training documents upon request. Please direct parental communication through email. 


Image and Likeness Release

By signing this release, I grant permission for the use of my image, likeness, and voice in recorded audio or video format without compensation. I acknowledge that such recordings may be used in various educational settings without geographic or time limitations. I agree to provide within reason testimonials, stories about my experience, and or other promotional content about my training experience when requested by the training staff. 

Non-Disclosure of Programming Clause

The Client acknowledges and agrees that the programming, methodologies, and associated materials provided by Summit Sports Per, LLC DBA Summit Sports Performance are proprietary, constitute valuable trade secrets of the Summit Sports Per, LLC DBA Summit Sports Performance, and are provided to the Client for the Client's personal use only. The Client agrees not to publish, display, share, distribute, or otherwise make available the programming, in whole or in part, on any platform, including but not limited to social media sites, blogs, websites, or through any other form of communication to third parties. Any unauthorized dissemination or disclosure of the Summit Sports Per, LLC DBA Summit Sports Performance's proprietary materials may result in immediate termination of services and potential legal action.


Gifted Materials

The Client acknowledges and agrees that any materials or products received as gifts from Summit Sports Per, LLC, DBA Summit Sports Performance, are not eligible for return to the Summit Sports Per, LLC DBA Summit Sports Performance under any circumstances. All such gifted materials or products are solely subject to the warranty terms and conditions set by their respective manufacturers.

In the event of any concerns, defects, or issues related to the quality or functionality of the gifted materials or products, the Client agrees to directly contact and liaise with the manufacturer in question, rather than the Summit Sports Per, LLC DBA Summit Sports Performance. The Summit Sports Per, LLC DBA Summit Sports Performance makes no representations, warranties, or guarantees regarding the performance or quality of the gifted materials and bears no responsibility for any issues that may arise post-receipt. Any warranty claims or service requests should be directed exclusively to the product manufacturer as stipulated in the product’s warranty documentation or manufacturer's guidelines.

Intellectual Property and Third-Party Content

Intellectual property rights, usage, and reporting of infringement are addressed. Content and materials from third-party sources are acknowledged, and proper usage is emphasized.

Data Collection and Privacy

Users consent to the collection, storage, and usage of personal and training-related data. The treatment of training-related data, privacy rights, and data sharing with partnering companies are clarified.

Ownership and Monetization

Summit Sports Per, LLC DBA Summit Sports Performance owns and operates the website. Sponsored content and affiliate links may appear on the site.

Disputes

Disputes will be resolved through arbitration in Montgomery County, Virginia. Summit Sports Per, LLC DBA Summit Sports Performance will appoint an arbitrator. 

Prohibitions and Enforcement

Users must comply with rules and restrictions outlined. Summit Sports Per, LLC DBA Summit Sports Performance enforces these provisions.


Modifications and Prices

Prices are subject to change. Summit Sports Per, LLC DBA Summit Sports Performance reserves the right to change. 

Changes to Terms and Acceptance

These Terms of Service are subject to updates, which will be posted on the website. By using the website or services, you signify your acceptance of these terms and conditions.

Parental/ Guardian  Consent

Any minor, defined by Summit Sports Per, LLC DBA Summit Sports Performance as an individual under the age of 18, wishing to avail themselves of our services must do so with the explicit consent of a parent or legal guardian. By allowing a minor to access and utilize our services, the parent or legal guardian implicitly agrees to the terms and conditions set forth by Summit Sports Per, LLC DBA Summit Sports Performance, both on their behalf and on behalf of the minor.


Assumption of Responsibility

When a minor uses our services, the parent or legal guardian assumes full responsibility for monitoring the minor’s participation and ensuring it aligns with Summit Sports Per, LLC DBA Summit Sports Performance's terms of service. The parent or guardian also assumes any liability or consequence arising from the minor's misuse of the service or any violation of terms

Final Acceptance

By paying for services rendered by Summit Sports Per, LLC DBA Summit Sports Performance and continued use of its services you agree to be bound by the aforementioned terms and conditions.