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Terms Of Service

Terms of Service

These Terms of Service (“Terms”) govern your use of vanquishperformance.com (the “Website”), owned and operated by Vanquish Performance (“Company,” “we,” or “us”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.

1. Acceptance of Terms

By accessing or using the Website, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing the Website, as well as signing you or another individual up for one of our programs.

2. Modification of Terms

We reserve the right to modify these Terms at any time, without prior notice. Any changes to these Terms will be effective immediately upon posting. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes.

3. User Accounts

Some areas of the Website may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Intellectual Property

The Website and its original content, features, and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, modify, distribute, transmit, display, perform, or otherwise use any part of the Website without the prior written consent of the Company.

5. User Conduct

You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws or regulations;
  • Infringe the rights of any third party;
  • Engage in conduct that is harmful, offensive, or objectionable;
  • Interfere with the operation of the Website or other users’ use and enjoyment of the Website;
  • Attempt to gain unauthorized access to the Website or any account, computer system, or network connected to the Website.

6. Privacy Policy

Your use of the Website is also subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for information about how we collect, use, and disclose information about you.

7. Limitation of Liability

In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any indirect, consequential, special, incidental, or punitive damages as well as physical injuries, death, mental or emotional distress and the loss or damage of physical property. arising out of or relating to your use of the Website. This includes the physical participation in any and all of our programs.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses arising out of or related to your use of the Website, including the physical participation in any and all of our programs or your violation of these Terms.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of British Columbia, without regard to its conflict of law provisions.

10. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

11. Private Lessons & Team Clinics

  • Payment must be made in advance to secure your time slot.
  • Cancellations for any reason must be made 48 hours in advance; any cancellation within 48 hours of the scheduled session will result in no refund of any kind. The payment will not be able to be used as a credit towards any future sessions.
  • Should there be inclement weather and no access to an indoor facility, both parties must agree that the lesson should be postponed. In this scenario, a refund will not be given; instead, it will act as a credit towards your next session.
  • Should we deem the weather adequate for a session and the customer wishes to cancel the session due to weather, no refund or postponement of the lesson will be permitted.

12. Refund Policy

  • If you register for a program and choose to withdraw 30 days or more in advance, you will receive a full refund of your payment, minus a $50 administrative fee, taxes and payment processing fee.
  • If you’ve enrolled in a program and choose to withdraw within 30 to 15 days before its start, you’ll receive half of your initial payment back, excluding taxes and payment processing fees.
  • If you’ve enrolled in a program and opt to withdraw within 15 days of its start, no refund will be provided.
  • In case a player falls ill, sustains an injury, or misses any program days for any reason, no refunds will be issued for the missed days or time.
  •  Funds retained as a result of withdrawing from a program cannot be applied as credit toward another program.

13. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding your use of the Website, superseding any prior agreements between you and the Company.

14. Contact Information

If you have any questions about these Terms, please contact us at info@vanquishperformance.com.