Last Updated: June 3, 2025

1. Acceptance of Terms

Welcome to FitPerform Recovery & Wellness (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our website fitperform1.com (the “Site”) and our services. By accessing or using our Site or services, you agree to be bound by these Terms. If you do not agree, please do not use our Site or services.

2. Description of Services

FitPerform Recovery & Wellness offers personalized wellness, fitness, and recovery services, including but not limited to:

• Recovery and wellness programs

• Diagnostic testing and lab services

• Nutritional guidance and meal planning

• Online content and educational resources

• Appointment scheduling and consultation services

3. Eligibility

You must be at least 18 years old to use our services. If you are under 18, you may only use our services with the involvement and consent of a parent or guardian. By using our services, you confirm you meet these eligibility requirements.

4. User Accounts

4.1 Account Creation

To access certain features, you may need to create an account. You agree to provide accurate and complete information during registration.

4.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately of any unauthorized access.

4.3 Account Termination

We reserve the right to suspend or terminate accounts at our discretion, including for violation of these Terms.

5. Health and Safety Disclaimers

FitPerform is not a medical or healthcare provider. Our services do not constitute medical advice. Only a licensed physician can provide such advice.

5.1 Medical Consultation

Always consult your healthcare provider before starting any fitness or wellness program. Our services are not a substitute for professional medical care.

5.2 No Warranties & Exclusion of Liability

Our website and services are provided “as is” and “as available” without any warranties, express or implied. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event shall we or our affiliates be liable for any direct, indirect, incidental, special, or consequential damages, including lost profits or data. Our maximum liability shall not exceed the amount you paid for the service involved.

Some jurisdictions do not allow limitations on certain damages, so these exclusions may not apply to you.

5.3 Health Information

You are responsible for ensuring that any health-related information you provide is accurate and complete. This data is used only to tailor wellness plans.

6. Payment Terms

6.1 Fees

You agree to pay all fees associated with your use of our services. All payments are non-refundable unless otherwise specified.

6.2 Payment Methods

We accept various payment methods as listed on our Site. You authorize us to charge your chosen method for any applicable fees.

6.3 Late Payments

Late payments may result in suspension of services and may incur additional fees.

7. Cancellation and Refund Policy

7.1 Service Cancellation

You may cancel services per the cancellation policy provided at the time of purchase. Some services require advance notice.

7.2 Refunds

Refunds, where applicable, will be processed according to our refund policy. Digital products and completed services are generally non-refundable.

7.3 No-Show Policy

Failure to show up for scheduled appointments without notice will result in fees and may affect future bookings.

8. Intellectual Property

8.1 Our Content

All content on the Site, including text, images, logos, and software, is owned by FitPerform Recovery & Wellness and protected by copyright laws.

8.2 Limited License

You are granted a limited, non-transferable license to access our Site and services for personal, non-commercial use only.

8.3 User Content

By submitting content to our Site, you grant us a royalty-free license to use, reproduce, and distribute it in connection with our services.

9. Prohibited Uses

You agree not to:

• Use our services for unlawful purposes

• Violate any applicable laws or regulations

• Infringe on intellectual property or other rights

• Transmit viruses or harmful code

• Attempt unauthorized access to systems

• Interfere with service functionality

• Harass or harm others via our platform

10. Privacy

Your privacy matters to us. Please review our Privacy Policy for information on how we collect and handle your data.

10.1 SMS Terms and Conditions

1. SMS Consent Communication
   Phone numbers collected for SMS communications will not be shared with third parties for marketing purposes.

2. Types of SMS Communications
   By opting in, you may receive:

   • Account Notifications: e.g., appointment confirmations, changes, or cancellations

   • Customer Care: e.g., reminders or follow-ups

   • Marketing: e.g., promotions, special offers, or events

3. Message Frequency
   Message frequency may vary depending on communication type and user preferences.

4. Potential Fees
   Standard message and data rates may apply depending on your mobile carrier’s pricing plan.

5. Opt-In Methods
   You can opt-in through online forms such as https://fitperform1.com/contact-us/.

6. Opt-Out Methods
   You may opt out at any time by replying “STOP” to any SMS. You may also contact us through our Contact Page for removal.

7. Help
   Reply “HELP” for assistance or contact us at https://fitperform1.com/contact-us/.

8. Standard Messaging Disclosures
   Message and data rates may apply.
   Message frequency may vary.
   Reply “STOP” to opt out, or “HELP” for support.
   See our Privacy Policy and Terms of Service for more details.

11. Disclaimers

11.1 Service Availability

We do not guarantee uninterrupted or error-free service availability.

11.2 Results Disclaimer

Individual results may vary. We do not guarantee any specific outcomes from using our services.

11.3 Third-Party Content

We are not responsible for third-party links, content, or services referenced or integrated on our Site.

12. Limitation of Liability

To the fullest extent permitted by law, FitPerform Recovery & Wellness is not liable for any indirect, incidental, or consequential damages, including lost profits, data, or use, arising from your use of our services.

13. Indemnification

You agree to indemnify and hold harmless FitPerform Recovery & Wellness and its affiliates from any claims or expenses arising from your use of our services or violation of these Terms.

14. Governing Law

These Terms are governed by the laws of Glendale, California, without regard to its conflict of law principles.

15. Dispute Resolution

15.1 Informal Resolution

Please contact us first to resolve any issues informally before initiating legal proceedings.

15.2 Arbitration

Unresolved disputes will be settled by binding arbitration under the American Arbitration Association rules.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

17. Changes to Terms

We may update these Terms at any time. Material changes will be posted on our Site. Continued use of our services constitutes acceptance of the updated Terms.

18. Entire Agreement

These Terms, along with our Privacy Policy, represent the entire agreement between you and FitPerform Recovery & Wellness.

19. Contact Information

For any questions or concerns, please contact us at:

📧 Email: info@fitperform1.com