Last Updated: 8/4/2023

Membership Policies

By purchasing a membership, class pack or single classes, the following rules apply to your membership:

• You must register for classes ahead of time through the mobile app or web schedule. Failure to register ahead of time may result in a $10 fee for showing up unregistered.
• If you are registered for a class, the class roster locks 30 minutes before the start of class. Failure to show up on time or attend a class you are on the roster for will result in a $10 no-show fee.
• You are required to follow the coaches instructions about the workout each day. You may request modifications due to physical needs, but you may not make your own changes to the workout without consent from the coach. This is due to safety reasons.
• You must share equipment based around our dedicated workout zones. You may not take equipment to your own area and perform movements outside of designated space for that movement.
• You are required to be friendly to coaches, other members and staff and follow the guidelines laid out by the coach of your class. If the coach deems you to be disruptive of these policies they may ask you to leave.
• You are not permitted to use your cell phone during the walkthrough or workout. You must take the phone outside and use it outside of the building if it’s during the class.

Membership Cancellation Policy:

• Every membership requires a 30-day notice to cancel your membership.
• You must submit your cancellation online through our cancel form.
• If you agreed to a minimum term, you must complete all the payments on the minimum term before the account can be cancelled. There are no exceptions to this minimum term even if you move, or are unable to use the membership any further for any reason.

Refund Policy:

• There are absolutely no refunds for payments already made, no exceptions unless it was a mistake on our end.
• You are required to keep track of your membership and any dates associated with your billing and monthly terms.

Terms and Conditions

Please carefully read these terms and conditions of use before using our website, mobile app, blog, online or in-gym service, text messaging service, social media profiles controlled by The Company. If you continue to browse and use any of these tools, sites, apps or services, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Performance360’s relationship with you in relation to these services.

The term ‘Services’ includes website, mobile app, social media profiles, text messaging service, email service controlled by Performance360. ‘Performance360’ or ‘us’ or ‘we’ or ‘The Company’ refers to the owner of the website or controller of the Services whose registered office is 4515 Gresham Street, San Diego CA 92109. The term ‘you’ or ‘your’ refers to the user or viewer of our website and Services.

By accessing or using any of the Services, you agree to be legally bound by these terms and conditions of use. If you disagree with any of the terms and conditions on this page, do not use the services.

Performance360 reserves the right to change any terms or conditions without notice, effective upon the posting of new terms and conditions on this page.

These terms and conditions of use include an arbitration agreement, a limitation of liability, communication terms and other important terms.

Use of Services; Intellectual Property Rights

All content on this site, our mobile app, software as well as on all Services managed by The Company including text, photographs, images, artwork, video, design, software, graphics, trademarks, service marks, logos, trade names and intellectual property constitute the sole and exclusive property of The Company or its affiliates, licensors and content providers. The User may not use, transfer, assign, copy, modify or reproduce any content on our site without prior written approval. Any unauthorized or prohibited use may additionally subject the user to civil and criminal prosecution under applicable federal and state laws.

Disclaimers

User agrees that use of the website and Services is at your own risk. Neither the company or any of its partners, affiliates, employees, agents, owners, service providers or third parties warrant that the site or Services will be secure, error free or uninterrupted. The Company and its affiliates, partners, employees, licensees and owners make no warranty as to the results that may be obtained from the use of the site or Services, or the accuracy, reliability, security or content of any information or service provided through the Services.

Limitation of Liability

Under no circumstances, including negligence, shall The Company, affiliates, licensees, partners, agents, owners, third parties or anyone else involved in creating, producing or distributing the site or Services, be liable for any direct, indirect, incidental, exemplary, economic, punitive, lost profit, special or consequential damages that result or are related to the use of or inability to use the site or Services, or that result from mistakes, omissions, interruptions, deletion of files, defects, delays, transmission or stolen data.

Communication

By submitting your email or phone number onto our site or Services, you are opting in to receive communication via text message or email and consenting to receive communication from us, including automated messages for both marketing and non-marketing purposes related to updates, your account, membership, Services, and general communication about Services. You may click the unsubscribe link or contact us at support@perform-360.com to be removed from any of the communication lists.

Mobile Application

By using the mobile application, software and other Services as part of your membership, you agree to allow push-notifications directly to your mobile device. If you do not authorize push-notifications to your mobile device, you may turn off push notifications on your device and/or not use the mobile application. By using the mobile application, you are consenting to receive push-notifications about Services, or for general communication about the Company or your account with the Company.

Your consent to receive text messages, emails and push-notifications is not a required condition of purchasing our services. Message and data rates may apply, depending on your plan and carrier. Consult your wireless or email provider for more information about your pricing plan.

Collection of information through text, email or push notifications is used in accordance with our Privacy Policy, as applicable.

Arbitration

If for any reason you are not bound by an agreement to arbitrate set forth in a written agreement with us, then in the event of any dispute between you and the Company or its affiliates, their respective officers, directors, employees or agents, you consent to arbitrate that dispute before a single arbitrator under the then current rules of the American Arbitration Association in a location determined by the arbitrator. You also agree that the federal arbitration act governs all disputes between you and the Company. If you do not want to be bound by this arbitration provision, you must notify us in writing, by mail to us at our company headquarters located at 4515 Gresham Street, San Diego, CA 92109, within 30 days of the date you first use any of the Services, stating that you do not want to resolve disputes with the company by arbitration. In addition, you agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person’s account, if the Company is a party to the proceeding. The arbitrator shall interpret and determine the validity of this arbitration provision ,including unconscionability. If the arbitrator finds that this arbitration agreement, including class waiver, is unenforceable, in whole or in part, the entire arbitration provision shall be null and void and either party may file the action in court.

Indemnification

The User agrees to indemnify, defend and hold harmless, the Company, its affiliates, officers, employees, agents, third parties, licensees, licensors representatives and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions of Use by the User. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with us in asserting any available defenses.

Other Terms & Conditions 

• The content of the pages of this website, the Company’s mobile app, software and Services is for your general information and use only.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• From time to time this website may also include links to other services, information or websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the information, products, services or website(s). We have no responsibility for the content of the linked information or services.
• We may update these Terms and Conditions at our sole discretion by updating them on our site with the date of the latest updated version.
• You may not create a link to this website from another website or document without Performance360’s prior written consent.

Questions

Any questions or concerns about our Terms and Conditions can be addressed to:

Performance360
4515 Gresham Street
San Diego, CA 92109

These Terms & Conditions were last updated on November 21st, 2022.