top of page
Golf Club and Ball

OUR POLICIES

GENERAL

Participants must agree to the Waiver & Release form at registration before participating in any classes, activity, camp, or event.

RELEASE OF LIABILITY

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS


In exchange for participation in the activity of Physical Fitness organized by Peak Golf and Performance LLC, I, _______ agree for myself and (if applicable) for the members of my family to the following:

 

  1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to follow any oral or written instructions or directions given by Peak Level Performance LLC, or the employees, representatives or agents of Peak Golf and Performance LLC.
     

  2. ASSUMPTION OF THE RISKS AND RELEASE. I recognized that there are certain inherent risks associated with the above described activity, and I assume full responsibility for personal injury to myself and (if applicable) my family members. I hereby release, discharge and hold harmless Peak Golf and Performance LLC and its officers, directors, employees, subsidiaries, agents, successors, managers, volunteers, assigns, and any party named as an additional insured on any policy of insurance held by any of the foregoing parties, or other parties which Peak has or may be obligated to indemnify, hold harmless or to which Peak may otherwise be liable, including but not limited to all community or private entities which lease, rent or permit use of premises for classes, activities, camps, or events (individually the “Released Party” and collectively, the “Released Parties”), from any and all liability that may arise directly or indirectly at any time, by reason of any injury, death, damage, loss, or expense incurred in connection with (i) my participation in any of the Peak programs, or (ii) my attendance at any event or gathering that may be organized, authorized, or paid for by the Released Parties, individual clients registered with Peak, or any group organized under the Released Parties; whether caused by the fault of myself, my family, Peak Level Performance LLC, or other third parties.
     

  3. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Peak Golf and Performance LLC and its members, agents, contractors, companies, clubs, or entities that Peak Golf and Performance has agreed upon contracts with to provide subsequent subscriptions, or anyone affiliated with Peak Golf and Performance LLC Services from and against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of Peak Golf and Performance LLC or against all claims, damages, losses and costs that arise from or relate to the following:

    ​1. Your participation at a Peak Golf and Performance seminar, demonstration, class, or other activity hosted by Peak Golf and Performance.
    2. Any content submitted by or on behalf of you.
    3. Your violation of these terms. 
     

  4. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under South Carolina Law.
     

  5. NO DURESS. I agree that I am under no pressure or duress to acknowledge this Agreement and that I have been given reasonable opportunity to review it before further acknowledgement and that I am free to have my own legal counsel review this Agreement if I so desire.
     

  6. ARMS LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based on upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
     

  7. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
     

  8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute by binding arbitration under the rules of the American Arbitration Association. The arbitrators award will be final, and judgement may be entered upon it by any court having proper jurisdiction.
     

In simple terms, you will not be able to sue or hold liable Peak Golf and Performance LLC and/or its officers, directors, employees, members, subsidiaries, agents, successors, managers, and volunteers for anything. You will participate at your own risk!

​

BY REGISTERING AND PARTICIPATING IN PEAK GOLF AND PERFORMANCE LLC ACTIVITIES, YOU ARE AGREEING THAT YOU HAVE READ THIS RELEASE AND UNDERSTAND IT. AS A PARTICIPANT WITH PEAK GOLF AND PERFORMANCE LLC, YOU FURTHER UNDERSTAND THAT BY READING THIS RELEASE AND REGISTERING TO ATTEND A PEAK GOLF AND PERFORMANCE CLASS, ACTIVITY, OR EVENT, YOU ARE VOLUNTARILY SURRENDERING CERTAIN LEGAL RIGHTS.

PRIVACY POLICY

This Policy sets out how Peak Level Performance LLC and certain of its partners may collect and use any personal information which you provide through the site.

​

Information Collected

Peak collects any information that you provide, including for example, when you register for a program and provide your email address and your name. Depending on how you use the site, Peak may also collect:

  • Contact information such as address and phone number of participants and family members;

  • Member information, including where applicable information about your children;

  • Messages and chat you send via the site;

  • Class information, such as schedules, attendance, and statistics;

  • Assessment information you or your coach provides, including photos, updates, and other content;

  • Payment information;

  • Messages and feedback you send to your Peak Coach and/or Peak Golf and Performance LLC; and

  • Transactional information.

 

Automatically Collected Information

Peak Golf and Performance LLC may also collect information from your device when you use the Services, including:

  • Information about your computer, mobile phone, tablet, and all other similar electronic or mobile devices, including your IP address, operating system and browser type, device identifiers, device settings, device attributes, browser settings, the web pages of the Services you have visited, Services visited before and after you visit a Service, and the content and advertisements you have accessed, seen, forwarded and/or clicked-on.

  • Social Media Information. If you engage with the Services through social media services or other third-party platforms, such as Facebook, Peak Golf and Performance LLC may have access to certain Information in your profile depending on your privacy settings.

 

Use of Information

Your information may be used by Peak Golf and Performance LLC to:

  • Provide the Services

  • For any specific purpose for which it was provided or volunteered

  • To send you information

  • To Prevent fraud and defend legal rights

  • To comply with applicable law

 

Disclosure of Information

Peak Golf and Performance LLC may share your information with:

  • Service providers that perform certain business-related functions on its behalf

  • Other Users: depending on how you use the Services your information may be available to other members of your program

  • As required by law in with Law Enforcement Agencies or Regulators.

  • Marketing and advertising. We do not sell your personal information or the personal information of your users.

  • SMS Marketing and advertising. We do not sell your phone number or the phone number of your users

    • We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.
      ​

 

Your Rights

  • You may unsubscribe from Peak Golf and Performance LLC email newsletters or promotional emails by following the opt-out instructions contained in the email. You may not be able to unsubscribe from service-related or transactional emails.

  • Opt-out of text message communications. You may opt-out of text messaging at any time by replying to any message with STOP contacting us at info@startwithpeak.com. This will end the communications from that particular phone number. You may continue to receive service-related and other non-marketing text messages from other phone numbers managed by Peak, and you may opt out of those in a similar fashion.

  • You may be able to access and correct certain information through the features provided through the site or by contacting Peak Golf and Performance LLC.

 

CONTACT

Questions, comments and requests regarding this Privacy Policy should be addressed to Peak Golf and Performance LLC. through the site.

​

TERMS OF SERVICE

Peak Golf and Performance LLC Terms of Service

Last Updated: January 15, 2026

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Peak Golf and Performance LLC. (formerly Peak Golf and Performance LLC) (together with our affiliates, “Peak Level Performance LLC”, “we”, or “us”) provides an online fitness community, services, content and features through Peak Golf and Performance LLC websites, such as those for our support and local pages (the “Peak Golf and Performance LLC Site(s)”), the interfaces on tablets connected to Peak Golf and Performance LLC, Peak Golf and Performance LLC’s mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and Peak Golf and Performance LLC-controlled social media pages (including on Facebook, Instagram, and LinkedIn). To make these Terms easier to read, the Peak Golf and Performance LLC Sites and Apps, along with the Peak Level Performance LLC tablet interfaces and Peak Golf and Performance LLC-controlled social media pages are collectively called the “Peak Golf and Performance LLC Service” or “the Services”. By registering as a member or by visiting, browsing, or using the Peak Golf and Performance LLC Service in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and Peak Golf and Performance LLC.

PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 18). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 18 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND PEAK GOLF AND PERFORMANCE LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If you do not wish to be bound by these Terms, you may not access or use the Peak Level Performance LLC Service. Certain elements of the Peak Golf and Performance LLC Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Peak Golf and Performance LLC Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

1. Who May Use the Peak Golf and Performance LLC Service

Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the Peak Golf and Performance LLC Service.

We may, in our sole discretion, refuse to offer the Peak Golf and Performance LLC Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Peak Golf and Performance LLC Service is revoked where these Terms or use of the Peak Golf and Performance LLC Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Peak Golf and Performance LLC Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

2. License to Use the Peak Golf and Performance LLC Service

License. Subject to your compliance with these Terms, Peak Golf and Performance LLC grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Peak Golf and Performance LLC Service for your own personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the Peak Golf and Performance LLC Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

Restrictions. Except as expressly permitted in writing by an authorized representative of Peak Golf and Performance LLC, you will not reproduce, redistribute, sell, create derivative works from, decompile, or disassemble the Peak Golf and Performance LLC Service, nor will you take any measures to interfere with or damage the Peak Golf and Performance LLC Service. All rights not expressly granted by Peak Golf and Performance LLC in these Terms are reserved.

3. Privacy

Our Privacy Policy forms a part of these Terms. Please review the Privacy Policy to learn about:

  • What information we may collect about you;

  • What we use that information for; and

  • With whom we share that information.

4. Membership Requirements Registration

To enjoy full access to the Peak Golf and Performance LLC Service, you must register as a member of the Peak Golf and Performance LLC Service and enter into a subscription agreement for access to our live and on-demand classes, Content and features (a “Subscription”). Your Subscription is governed by the Membership Service Agreement. You must provide complete and accurate registration information to Peak Level Performance LLC, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.

In-Studio Classes and Membership. Participation in our in-studio live classes is subject to additional fees that are separate from the Subscription fees for Peak Golf and Performance LLC’s online Content. Additional information about our in-studio class packs and memberships is available on our studio website.

Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in Peak Level Performance LLC’s sole discretion).

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Peak Golf and Performance LLC Service. If you become aware of an unauthorized access to your account, change your password and notify our support team immediately.

5. Membership Structure and Fees

Peak Golf and Performance LLC will provide information on its Subscription requirements on the Peak Golf and Performance LLC Site and/or by other means through the Peak Golf and Performance LLC Service. Features and prices are subject to change.

6. Term and Termination; Account Deletion

Term. These Terms begin on the date you first use the Peak Golf and Performance LLC Service and continue as long as you have an account with us and/or continue to use the Peak Golf and Performance LLC Service.

Termination. Peak Golf and Performance LLC may, in Peak Golf and Performance LLC’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Peak Golf and Performance LLC determines that you have violated these Terms or that your conduct or User Content would tend to damage Peak Golf and Performance LLC’s reputation or goodwill. If Peak Golf and Performance LLC deletes your account, you may not re-register for or use the Peak Golf and Performance LLC Service under any other user name or profile. Peak Golf and Performance LLC may block your access to the Peak Golf and Performance LLC Service to prevent re-registration.

Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Peak Golf and Performance LLC will terminate. The following sections survive termination: Privacy, User Content, Indemnification, Limitation of Liability, Safety Warnings, Intellectual Property, Arbitration & Class Action Waiver, Governing Law and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and Peak Golf and Performance LLC is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Peak Golf and Performance LLC Service. Peak Golf and Performance LLC, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.

7. User Content

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Peak Golf and Performance LLC Service; and (ii) “User Content” means any content that users (including you) provide to be made available through the Peak Golf and Performance LLC Service. Content includes, without limitation, User Content.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Peak Level Performance LLC Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Peak Golf and Performance LLC Service.

As between you and Peak Golf and Performance LLC, you represent that you own (or have all rights necessary to grant Peak Golf and Performance LLC the rights below to) all User Content that you submit to the Peak Golf and Performance LLC Service, and that Peak Level Performance LLC will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Peak Golf and Performance LLC a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Peak Golf and Performance LLC Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Peak Golf and Performance LLC or through the Peak Golf and Performance LLC Service about improving or adding new features or products to the Peak Golf and Performance LLC Service or you otherwise provide feedback or testimonials, you hereby grant to Peak Level Performance LLC a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback and testimonials for any purpose, without any notice, compensation or other obligation to you.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Peak Golf and Performance LLC Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

8. Rights and Terms for Apps

a) Rights in App Granted. Subject to your compliance with these Terms, Peak Golf and Performance LLC grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Peak Golf and Performance LLC reserves all rights in and to the App not expressly granted to you under these Terms.

b) Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

  • These Terms are between you and Peak Golf and Performance LLC, and not with the App Provider, and Peak Golf and Performance LLC (not the App Provider), is solely responsible for the App.

  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.

  • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Peak Golf and Performance LLC.

  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

  • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Peak Golf and Performance LLC will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

  • The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • You must also comply with all applicable third party terms of service when using the App.

9. General Prohibitions and Peak Golf and Performance LLC’s Enforcement Rights

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;

  • Download and/or install any third party software that is not expressly permitted by Peak Golf and Performance LLC in writing;

  • Use, display, mirror or frame the Peak Golf and Performance LLC Service or any individual element within the Peak Golf and Performance LLC Service without express written consent;

  • Access, tamper with, or use non-public areas of the Peak Golf and Performance LLC Service, Peak Golf and Performance LLC’s computer systems, or the technical delivery systems of Peak Golf and Performance LLC’s providers;

  • Attempt to probe, scan or test the vulnerability of any Peak Golf and Performance LLC system or network or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Peak Golf and Performance LLC or any of Peak Level Performance LLC’s providers or any other third party to protect the Peak Golf and Performance LLC Service or Content;

  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  • Use the Peak Golf and Performance LLC Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party in any manner not permitted by these Terms;

  • Collect or store any personally identifiable information from the Peak Golf and Performance LLC Service from other users without their express permission;

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Peak Golf and Performance LLC Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Peak Golf and Performance LLC Service, to ensure compliance with these Terms, and to maintain the integrity and reputation of the Peak Golf and Performance LLC Service. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms.

10. Dealings with Third Parties

You should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Peak Golf and Performance LLC Service, whether regarding payment or delivery of specific services, donations or fundraisers, and any other terms, conditions, representations associated with such dealings, are solely between you and such third party. You agree that Peak Golf and Performance LLC is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

11. Indemnification

You agree to indemnify, defend, and hold harmless Peak Golf and Performance LLC and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the Peak Golf and Performance LLC Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.

12. Third Party Links and Content

There may be links on the Peak Golf and Performance LLC Service that let you leave the particular Peak Golf and Performance LLC Service you are accessing in order to access a linked site that is operated by a third party. Peak Golf and Performance LLC neither controls nor endorses these sites, nor has Peak Golf and Performance LLC reviewed or approved the content that appears on them. Peak Golf and Performance LLC is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites.

13. No Warranties

Peak Golf and Performance LLC reserves the right to modify the Peak Golf and Performance LLC Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Peak Golf and Performance LLC Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Peak Golf and Performance LLC Service. Peak Golf and Performance LLC has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Peak Level Performance LLC Service is suitable for all users or that it will continue to be available for any length of time.

Peak Golf and Performance LLC provides the Peak Golf and Performance LLC Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Peak Golf and Performance LLC Service at your own risk.

14. Limitation of Liability

To the fullest extent permitted by law: (i) Peak Golf and Performance LLC shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Peak Golf and Performance LLC Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) Peak Golf and Performance LLC’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Peak Golf and Performance LLC over the 12 months preceding the date your first claim(s) arose.

15. Safety Warnings

THE PEAK GOLF AND PERFORMANCE LLC SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL.

In becoming a user of Peak Golf and Performance LLC with the intent of using the Peak Level Performance LLC Service, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Peak Golf and Performance LLC Service.

16. Intellectual Property

You acknowledge that the Peak Golf and Performance LLC Service contains content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Peak Golf and Performance LLC-generated content, and content provided to Peak Golf and Performance LLC by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright laws in all jurisdictions.

The Peak Golf and Performance LLC name, logos and affiliated properties, designs and marks are the exclusive property of Peak Golf and Performance LLC. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service.

17. Copyright / DMCA Policy

Peak Golf and Performance LLC respects the intellectual property of others, and we ask our users to do the same. If properly notified that any materials infringe a third party’s copyright, Peak Golf and Performance LLC will promptly remove such materials from the Peak Golf and Performance LLC Site in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) or equivalent applicable laws.

You may submit copyright notices via email to: rmilford@peaklevelperformance.com, or by mail to: Peak Golf and Performance LLC, 331 Footbridge Road, Saint Johns, FL 32259, Attn: Copyright Agent.

18. SMS / Text Messaging Communications

Peak Golf and Performance LLC offers SMS (text message) communications as part of its Services, including program updates, scheduling reminders, academy announcements, and promotional messages. By providing your mobile phone number and opting in to receive SMS communications from Peak Golf and Performance LLC, you agree to the following terms:

 

How to Opt In. You may opt in to receive SMS messages by providing your mobile number during registration, signing up through the Peak Golf and Performance LLC website or app, or by texting a designated keyword to our SMS number as instructed.

How to Opt Out. You can cancel the SMS service at any time by texting “STOP” to the number from which you received our messages. After sending “STOP,” you will receive a confirmation message verifying that you have been unsubscribed and will no longer receive SMS messages from us. If you wish to re-enroll, simply sign up again as you did the first time.

Help & Support. If you are experiencing issues with the SMS messaging program, you can reply with the keyword HELP for more assistance, or contact us directly at info@startwithpeak.com.

Message Frequency. Message frequency varies based on your program enrollment, upcoming events, and academy communications. You may receive up to several messages per week during active program periods.

Message and Data Rates. Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.

Carrier Liability. Carriers are not liable for delayed or undelivered messages. Peak Golf and Performance LLC is not responsible for any delays or failures in SMS delivery that are attributable to your wireless carrier or network conditions.

Privacy. Your mobile number and SMS opt-in data will be handled in accordance with our Privacy Policy. We will not share your mobile number with third parties for their own marketing purposes without your consent.

Consent Not Required for Purchase. Consent to receive SMS communications is not a condition of purchasing any goods or services from Peak Golf and Performance LLC.

19. Arbitration Clause & Class Action Waiver

a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Peak Golf and Performance LLC agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that you and Peak Golf and Performance LLC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

b) Exceptions and Opt-out. As limited exceptions to Section 19(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by regular mail within thirty (30) days following the date you first agree to these Terms.

c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

d) Class Action Waiver. YOU AND PEAK GOLF AND PERFORMANCE LLC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20. Contracting Entities, Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of South Carolina, United States of America, without regard to principles of conflicts of law. Subject to the arbitration agreements above, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in Aiken, South Carolina, United States of America, and you consent to the jurisdiction of those courts.

21. Modification

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms on the Peak Golf and Performance LLC Site. Modifications will be effective on the date that they are posted. If you continue to use the Peak Golf and Performance LLC Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms.

22. Entire Agreement

These Terms incorporate the Privacy Policy and Membership Terms by reference, as well as any other policies or procedures referenced herein that are posted to the Peak Golf and Performance LLC Site from time to time. These Terms represent the entire understanding between Peak Golf and Performance LLC and you regarding the Peak Level Performance LLC Service or Content and supersede all prior agreements and understandings regarding the same.

23. Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from Peak Golf and Performance LLC electronically. For all notices to Peak Golf and Performance LLC, write to:

Peak Golf and Performance LLC

331 Footbridge Road

Saint Johns, FL 32259

USA

Email: info@startwithpeak.com

24. Force Majeure

Neither Party shall be liable for any failure or delay in performance under these terms for causes beyond the party’s reasonable control and not caused by that party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, or computer attacks, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions.

bottom of page