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. Athletes Training Under a School or Club Arrangement: Where a school, club or representative programme has engaged us, that organisation is our contracting party and the athlete is not. The athlete registers their own account to enter and read their own information, and in doing so accepts sections 4, 5 and 6 of these Terms — health and safety, our scope of practice, intellectual property, and how their information is handled — together with our Privacy Statement. Sections 2 and 3 do not apply to them: no charge is raised against an athlete on a school or club arrangement, and signing up creates no financial obligation for them or their family.

1.5. Athletes Under 18 Training Privately: We do not take private under-18 subscriptions at present. A person under 18 cannot be bound to the minimum commitment in section 3, so we do not ask them to be. Under-18 athletes train with us through a school or club, where clause 1.4 applies and no charge is raised against the athlete.

2.1. GST: Prices are in New Zealand dollars. We are not currently GST-registered, so GST is not charged. If that changes, pricing will be updated in accordance with New Zealand tax law.

2.2. Payment Processing: Recurring weekly or fortnightly payments, as selected at sign-up, are collected by direct debit through our third-party payment provider.

2.3. Failed Payments and Late Fees:

• If a payment fails you will be notified to update your billing details.

• We may charge a $15.00 administration fee for each consecutive failed billing attempt.

• We may suspend or revoke your access if a payment remains unpaid for more than forty-eight (48) hours.

• Unresolved balances will result in cancellation of your services.

• The $15.00 fee does not apply to an Early Termination Fee invoice under clause 3.2; retries of that invoice do not each attract a fee.

2.4. Upfront Payments: If you pay for a programme upfront: (a) the full amount is due before onboarding or delivery begins; (b) it is non-refundable once your onboarding, initial check-in or programme design has commenced; (c) the 16-week commitment and section 3 still apply.

3.1. The 16-Week Commitment: Our programmes are a minimum 16-week commitment, so that adaptation and results can be measured.

3.2. Early Termination Fee: To cancel before the 16 weeks end, give seven (7) days' written notice by email. A flat Early Termination Fee of $200.00 NZD is then payable, reflecting the resources and programming already committed to 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, 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 Statement so that your training history is still there should you return. This includes an archived account, which is kept as it is until you ask us to delete it.

(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 account and everything that identifies you, including your name, contact details, date of birth, photograph and anything you have written in your own words, together with the personal records that serve only you, such as wellness check-ins, nutrition logs, goals and messages. You will no longer be able to sign in. This cannot be undone, and we cannot recover your information afterwards. Copies in our encrypted backups expire within 90 days.

(c) We may keep records of your training, testing and injuries in de-identified form: your name, contact details, full date of birth and anything you wrote yourself are removed, and they are not used to identify you or linked back to you. We use them only in group figures, such as squad, sport and age-group averages and injury trends, so that the comparisons our coaching relies on stay accurate for other athletes.

(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: We are performance coaches and strength and conditioning practitioners, not medical practitioners, dieticians or psychologists. Nothing we provide is medical diagnosis or treatment.

4.2. Nutrition Advice: Any nutrition guidance is for athletic performance and general health, not for managing clinical conditions such as eating disorders, gastrointestinal disease or severe allergies.

4.3. Your Disclosures: You must tell us about any diagnosis, injury, allergy or intolerance that affects your training or food choices, and you remain responsible for what you eat.

4.4. Remote Training Risk: Our programmes are delivered through the App, without live in-person supervision. You voluntarily assume the risks of strenuous exercise, and we are not liable for injury, illness, medical emergency 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. All programmes, plans, guides, videos and other materials we provide remain the intellectual property of The Performance Co.

5.2. They are licensed to you for personal, non-commercial use only. Do not share, copy, sell, modify or publish them. Breach may result in immediate termination without refund.

6.1. Privacy Act 2020: We handle your personal information in accordance with the New Zealand Privacy Act 2020 and never sell or share it with third parties without your consent — other than the service providers who operate our systems for us, described in the "Who Sees Your Information" section of our Privacy Statement.

6.2. Your Content: Training footage, check-in data, progress photos and written feedback are kept within the coaching portal and are never used publicly or in marketing without your express written consent.

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.