Terms & Conditions

1.1. The Provider: We operate as Sole Traders in New Zealand under the business trading name The Performance Co.

1.2. Governing Law: These Terms are governed by and construed in accordance with the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.

1.3. Consumer Guarantees Act 1993 (CGA): If you are acquiring our Services for personal, domestic, or household use, nothing in these Terms is intended to limit, exclude, or avoid your rights under the CGA.

1.4. Youth Athletes (Under 18): If the athlete is under 18 years of age, the parent or legal guardian must complete the registration, accepts these Terms on the minor's behalf, and assumes full financial and legal responsibility for all subscription payments, break fees, and obligations.

2.1. GST: All prices listed on our website, marketing materials, or on-boarding portals are in New Zealand Dollars (NZD). We are not currently registered for GST — under the Goods and Services Tax Act 1985, registration is only mandatory once annual turnover exceeds NZ$60,000 — and GST is not charged on our fees. Should our GST registration status change in the future, pricing will be updated to reflect this in accordance with New Zealand tax law.

2.2. Payment Processing: Recurring weekly or fortnightly payments (as selected at sign-up) are processed automatically via direct debit through our third-party payment gateway's secure integration.

2.3. Failed Payments & Late Fees:

• If an automatic payment fails, you will receive an automated notification to update your billing details.

• We reserve the right to charge a $15.00 administration fee for every consecutive failed billing attempt to cover processing overheads.

• We reserve the right to immediately suspend or revoke your access to the App and all coaching services if a payment fails and remains unpaid for more than forty-eight (48) hours.

• Consistent or unresolved failure to settle outstanding balances will result in the permanent cancellation of your services.

• The $15.00 administration fee does not apply to an Early Termination Fee invoice raised under clause 3.2. That invoice may be automatically retried by our payment provider, and those retries do not each attract a separate fee.

2.4. Upfront or Lump-Sum Payments: If you elect or agree to pay for your program via an upfront or lump-sum payment rather than recurring billing:

(a) The total agreed amount is due and payable prior to the commencement of onboarding or program delivery.

(b) Upfront payments are strictly non-refundable once your onboarding questionnaire, initial check-in, or custom program design has commenced.

(c) The 16-week minimum commitment still applies to all upfront programs, and early termination rules outlined in Section 3 will apply if you choose to cancel prematurely.

3.1. The 16-Week Commitment: Our specialised Nutrition and Performance programs are structured as a minimum 16-week commitment to ensure physiological adaptation and measurable results.

3.2. Early Termination (The Breaking Fee): If you wish to cancel your 16-week contract before the 16-week period has concluded, you may do so by providing seven (7) days' written notice via email. Upon cancellation, you must pay a flat Early Termination Fee of $200.00 NZD to compensate for the upfront resources, software allocations, and custom programming built for your block.

3.3. Finalisation: Where you cancel under clause 3.2, your recurring billing will cease and your access to the App will be deactivated at the conclusion of your current paid period, or at the end of the seven (7) day notice period, whichever is later. The Early Termination Fee is invoiced at the time you cancel and remains payable as a debt. Cancellation takes effect whether or not that fee has been paid, and any unpaid amount will be pursued through our payment provider in the ordinary way.

3.4. Deletion of Your Personal Information: Separately from cancelling, you may ask us to delete your personal information — either at the same time as you cancel, or at any point afterwards. Deletion is not automatic on cancellation: if you do not ask for it, we retain your information in accordance with our Privacy Policy so that your training history is still there should you return.

(a) A deletion request starts a seven (7) day cooling-off period, during which you may withdraw it from within the App. Nothing is deleted before that period ends.

(b) At the end of that period we permanently delete your name, email address, date of birth, photograph, messages, wellness check-ins, injury records, nutrition logs, goals and training history, and you will no longer be able to sign in. This cannot be undone, and we cannot recover your information afterwards.

(c) We retain your test results in de-identified form, with your name, contact details and full date of birth removed, so that the group averages and normative ranges our coaching is based on remain accurate for other athletes. This retained information is not used to identify you and is not linked back to you.

(d) Deleting your information also ends your subscription, because there is no longer an account to bill. It does not extinguish any amount you already owe. If you are within the 16-week commitment and have not already been charged the Early Termination Fee, clause 3.2 applies. You will never be charged that fee more than once.

(e) We may retain records we are required by law to keep, including invoices and payment records held for tax purposes.

4.1. Not Medical Professionals or Clinical Dieticians: You explicitly acknowledge and agree that we are performance coaches, strength and conditioning practitioners, and performance nutrition consultants. We are not medical practitioners, clinical dieticians, psychologists, or registered medical professionals.

4.2. Scope of Nutrition Advice: Our performance nutrition plans are designed purely for body composition manipulation, energy systems fuelling, athletic performance enhancement, and general health optimisation. Our advice does not constitute medical diagnosis, treatment, or management of clinical conditions (including but not limited to diagnosed eating disorders, clinical gastrointestinal diseases, or severe food allergies/anaphylaxis).

4.3. Client Disclosure Responsibility: You are solely responsible for ensuring that your food choices align with any known personal medical diagnoses, food intolerances, allergies, or physiological history. You must inform us of any known restrictions during on-boarding, but the final responsibility of food consumption lies strictly with you.

4.4. Remote Coaching Risks and Indemnity: Because our training systems are delivered remotely via the App, you acknowledge that you are executing physical exercises (weightlifting, running, conditioning) without direct, live, in-person supervision or spotting by our coaches.

• You voluntarily assume all risks associated with strenuous physical exercise.

• We will not be held liable for any physical injuries, medical emergencies, illness, or death sustained while following our remote programming.

4.5. Limitation of Liability: To the maximum extent permitted by New Zealand law, our maximum aggregated liability to you for any breach of contract, negligence, or statutory duty is strictly capped at the total amount of fees you have paid to us in the three (3) months preceding the claim. We maintain comprehensive Professional Indemnity and Public Liability insurance coverage.

5.1. Ownership of Materials: All training programs, exercise schedules, macro-nutrient frameworks, custom meal guides, recipe databases, PDF guides, educational videos, and textual resources provided to you through email or the App remain the exclusive Intellectual Property of The Performance Co.

5.2. Restrictions on Use: These materials are licensed to you strictly for your individual, personal, non-commercial use. You are expressly prohibited from sharing, copying, selling, distributing, modifying, or publishing our programming or resources with any third party. Breach of this clause will result in immediate termination of service without a refund and potential legal action for IP infringement.

6.1. Privacy Act 2020: We respect your privacy and handle all personal information, data tracking, health history, and metrics in strict accordance with the New Zealand Privacy Act 2020. Your data will never be sold or shared with external third parties without your explicit written consent. This does not include the service providers who operate our systems for us — our hosting, database, email and payment providers — who are named in section 4 of our Privacy Statement and who process your information only to run the service.

6.2. Video Form Analysis: As part of our remote coaching, you may upload videos of yourself executing lifts for biomechanical form analysis.

• These videos are kept strictly confidential within the coaching portal.

• We will never use your training footage, check-in data, transformational progress photos, or written feedback for social media, marketing, or public display unless we have sought and received your express, written consent to highlight a specific win or testimonial.

7.1. We reserve the right to update or modify these Terms at any time to reflect changing legal, operational, or financial frameworks. Any significant changes affecting your current pricing or commitment terms will be communicated to you via email with at least fourteen (14) days' notice.