POLICIES

The policies our community agrees to so that we can all have a great time!

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 Level 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 Level 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 Level 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 Level Performance LLC and its members, agents, contractors, companies, clubs, or entities that Peak Level Performance has agreed upon contracts with to provide subsequent subscriptions, or anyone affiliated with Peak Level 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 Level Performance LLC or against all claims, damages, losses and costs that arise from or relate to the following:

    ​1. Your participation at a Peak Level Performance seminar, demonstration, class, or other activity hosted by Peak Level 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 Level 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 LEVEL PERFORMANCE LLC ACTIVITIES, YOU ARE AGREEING THAT YOU HAVE READ THIS RELEASE AND UNDERSTAND IT. AS A PARTICIPANT WITH PEAK LELVEL PERFORMANCE LLC, YOU FURTHER UNDERSTAND THAT BY READING THIS RELEASE AND REGISTERING TO ATTEND A PEAK LEVEL PERFORMANCE CLASS, ACTIVITY, OR EVENT, YOU ARE VOLUNTARILY SURRENDERING CERTAIN LEGAL RIGHTS.

Policies

Conduct Policies

Code of Conduct


As a member of the Peak community, we expect the following from each other:

  1. Respect Classmates. We celebrate competition, but we are a community based on sportsmanship, and fun is the most important thing. Treat classmates with respect at all times.
  2. Respect the Instructors. We work hard to recruit the best instructors we can, and we treat instructors as fellow humans and show respect and courtesy at all times.
  3. Respect Yourself. Be the classmate you want to have; integrity is an expectation. Treat everyone as you would a friend or colleague -- we share the same goal of fun and community!
  4. Be Positive. Eliminate "Can’t" and "Never" from your vocabulary! Don’t drag others down with a bad attitude. We believe anything is possible with a little hard work and determination. Be optimistic, have fun, and push yourself and others to do better.
  5. Quitting is Never an Option. We promise you the workouts will challenge you and push you to your perceived limits. We only ask that you use proper form and always try hard. Effort always earns respect. Nobody cares about your time on the board or how much weight you move, they only care that you tried.




Sportsmanship


The principles of sportsmanship are central to our community. All players agree to abide by the sportsmanship policy at all times during classes, events, and activities. Peak endorses the principles of good sportsmanship, and is committed to fostering a community of respect, tolerance and safety for all participants. Please see our Code of Conduct for our community expectations. Violations will not be tolerated. Unsportsmanlike actions can include the following:

  • Fighting, pushing or excessively violent fouls
  • Verbal/physical abuse directed toward an instructor or fellow participant,
  • Profanity or obscene gestures,
  • Racially, ethnically, gender, or other identity-motivated language,
  • Taunting, trash talking, baiting or physically intimidating an official or opponent,
  • Cheating,
  • Throwing or abusing equipment
A participant may be removed from a class for engaging in Unsportsmanlike Conduct. PEAK instructors have the authority to suspend and/or expel a participant from the class and/or future class(es) at their discretion with no refund of monies for such acts. These guidelines apply to participants and parents. Penalties for Unsportsmanlike Actions: Any participant caught using racially or identity-motivated language will be automatically removed from that class, and will carry additional suspension at the discretion of PEAK.
  • A second offense will result in a one year suspension from all Peak activities
  • A third offense will result in a permanent ban from All Peak activities
Any participant who threatens another individual will be automatically removed from that class, and will carry additional suspension at the discretion of PEAK.
  • A second offense will result in a one year suspension from all Peak activities
  • A third offense will result in a permanent ban from All PEak activities
Fighting (punching, kicking, or other conduct with the intent to cause injury, whether or not contact is made) will result in an automatic one year suspension from all Peak activities.
  • A second fighting offense will result in a permanent ban from all Peak activities




Equipment and Facility Guidelines


Speak Up. Please bring things to our attention. If you notice that equipment is broken, lights are out, or there’s no toilet paper in the bathroom, bring it to our attention so we can do something about it. Clean Up After Yourself. Wipe down your equipment and keep your bodily fluids off the equipment. Pick up your water bottles, clothing, and gear. Put away all the equipment you used back where it belongs. Stack things neatly, put equipment in the racks, store your swiss ball, and hang up your jump ropes. We pride ourselves on having one of the cleanest gyms in the area. Please help us keep it that way. Set the example and others will follow. Keep the Bathrooms Clean. We don’t expect you to be janitors. Just do the simple things like making sure your paper towels and tape end up in the garbage can. If you splash water all over the floor, wipe it up. If you sprinkle when you tinkle, please be neat and wipe the seat. Respect our Equipment and Facility. Please take care of the equipment. Don’t tie knots in the jump ropes, don’t drag the boxes across the floors and don’t drop the kettlebells or dumbbells or any weight for that matter unnecessarily.




Training Guidelines


Be coachable. Everyone needs a coach! If you need help, ask for it. The coach is there to help make you better. Your ego is not your friend. And it is not welcome at our gym. Don’t be afraid to be uncomfortable! Challenge yourself and continue to progress through scaling options until you can execute full range of motion! This stuff takes time so be patient, have fun and push yourself and others to become better. And please don’t take yourself so seriously…Its only fitness. Learn to Count. Please do not Cheat. It’s awkward when you do and evident to everyone around you. Try to complete every rep with good form and full range of motion no matter the time it takes you. Train with Integrity and the progress will come! If you lose count, the next number should always be 1. Train Smart. Warm Up. Cool Down. Take Rest Days. We love progress…but make sure you take proper care of your body and health! Rest, nutrition, and sleep are critical components to achieving results. Training and volume alone won’t get you to your goal. Have Standards. Always use full range of motion and train to the standard we teach. Just because you can do heavy weights doesn’t mean you always should. Lighter and lower is always better than heavier and higher. Be accountable to yourself. Track your goals, your workout times, and personal records. Celebrate your accomplishments!




Jewelry, Electronics & Supportive Devices


We all love a little bling, but leave those diamonds at home! For any class, we encourage participants to remove all exposed facial jewelry, watches, cameras (GoPros, cell phones), activity trackers (Fitbits, Apple Watch, etc.) and other wrist jewelry. Medical ID bracelets are requested to be worn at all times.





Holiday and Weather Policies

Holiday Policy


Holiday celebrations are important! Here are the days when our PEAK studio is closed.

  • Martin Luther King Day
  • Good Friday/Easter (Fri-Sun)
  • Memorial Day Weekend (Sat-Mon)
  • Independence Day (Mon-Sun)
  • Labor Day Weekend (Sat-Mon)
  • Thanksgiving Week (Mon-Sun)
  • December 21 through January 3
*Please note, the month of December incurrs a prorated charge due to the length of closure. A modified schedule may be offered during Spring Break. Please expect that all other holidays that fall on class days will have classes scheduled, and we will not be able to accommodate reschedule requests for those days.




Weather Policy


Nature doesn't always cooperate, but we do everything in our power to make the right call. Here's how it works. Severe Weather Forecasted If the community closes schools, we will know by 12pm each day. If severe weather is in the forecast, we are constantly monitoring the situation throughout the day and into the evening. If we cancel classes, all impacted clients will receive an email notification as soon as the decision is made. Reschedules If a class isn't held due to weather, it will be rescheduled for a later date to be determined. First priority will be on the same week night, but may be on a different night of the week due to availability and limitations.





Privacy and Photo/Video Release

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 Level Performance LLC; and
  • Transactional information.
Automatically Collected Information Peak Level 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 Level 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 Level 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 Level Performance LLC may share your information with:
  • Service providers that perform certain business-related functions on its behalf
  • Social Networks: if you use social networks through the services.
  • 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.
Your Rights
  • You may unsubscribe from Peak Level 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.
  • You may be able to access and correct certain information through the features provided through the site or by contacting Peak Level Performance LLC.
CONTACT Questions, comments and requests regarding this Privacy Policy should be addressed to Peak Level Performance LLC.




Photo and Video Release


By participating in Peak Level Performance LLC in-person training classes, programs, activities or events and/or the the online fitness community, service, content or features through Peak Level Performance LLC's online platforms, you hereby give permission, without any monetary or other consideration, to Peak Level Performance LLC to use, publish, copyright, reuse and republish all photographs/videos of you or your minor which Peak Level Performance LLC has taken. You fully authorize Peak Level Performance LLC, its subsidiaries and affiliates to use your name, likeness or image for purposes of advertising, marketing, promotion or trade without further compensation, except where prohibited by law; and you further acknowledge and agree that any images or recordings obtained or procured by Peak shall be the sole and exclusive property of Peak, and may be published, broadcast or otherwise disseminated at the sole and exclusive discretion of Peak. This Photo and Video Release shall be binding on my heirs, executors, administrators, successors, and assigns, and the releases and waivers contained herein shall include damages, losses or injuries that may be caused solely or in part by the fault (including but not limited to negligence, gross negligence and/or recklessness) of the Released Parties. The foregoing indemnification includes all attorney fees and costs incurred by a Released Party in enforcing the indemnification, or defending against claims for damages that are subject to this release and/or indemnification, regardless of whether a lawsuit is filed or who prevails in a lawsuit that is filed. In addition, you waive any right to approve the finished photograph as well as any copy used in conjunction with the photograph. Further, you (on behalf of yourself and your heirs) forever release, discharge and hold harmless Peak Level Performance LLC., and each of their affiliates, owners, directors, officers, employees and agents from any liability in connection with the foregoing. By participating, you hereby certify that you have read and fully understand the above statements.





Membership & Billing Policies

Automatic Renewal


All monthly session based membership plans are paid by monthly automatic electronic payment (credit card or debit card). Monthly memberships will automatically renew each month with payment terms subject to change without notice. The automatic billing date is established at time of enrollment. All prepaid plans (3, 6, and 12 month blocks) are paid upfront and will automatically renew upon expiration at the same rate and terms as the initial membership. Any changes to plan, or cancellation must be received 30 days in advance of next billing cycle or plan expiration date. It is the members responsibility to monitor membership expiration and renewal dates.




Cancellation Policy


Month-to-Month plans and memberships can be canceled at any time, however all cancellation requests must be submitted via our Cancellation Request Form and received thirty (30) days prior to your credit/debit card processing date. All plans and monthly memberships require a minimum of 30 days written notice prior to next billing date to assure cancellation of automatic payments. Cancellation requests submitted within the 30 day billing cycle will result in a final payment drawn from your account on your established auto draft date. Once final payment has been drawn from your account, clients will have 30 days from the last bill date to use the facilities. It is your responsibility to provide written notice 30 days in advance of your next billing date. There will be no refund issued once a payment has been charged to your credit card. All monthly recurring term plans of 6 months and 12 months require 30 days written notification prior to your next bill date and will incur an early cancellation fee equal to one month membership for that plan.




Membership Upgrades and Downgrades Policy


All members are welcome to upgrade or downgrade their membership plans or packages without penalty. Memberships can be upgraded at the start of the next billing cycle. However if a member wishes to upgrade immediately their new membership plan will be prorated based on the number of days remaining in their current billing cycle at their new rate. At the start of the next monthly billing cycle they will be charged at their full membership rate. If a member wishes to downgrade their membership to a lower session based plan they must wait until their next monthly bill date for the new plan to be effective. Please note, changes cannot be made retroactively.




Attending More Sessions Than Allowed in Your Plan


If a member attends more classes than his/her plan allows in a month, they will be charged a fee of $15 per additional session. For example if a member has a 4 session per month plan, but attends 6 sessions within their monthly billing cycle they will be charged their 4 session per month membership fee as well as an additional $30 for the additional two classes attended. Class fees for additional classes will be billed directly to the members card on file at the end of the month. If a member consistently attends more sessions than their plan allows, it is highly recommended they consider upgrading to a higher session membership for the cost savings.




Membership Holds and Account Freezes


Clients may put their membership on freeze or hold, for a period no less than thirty (30) days (or one calendar month), and for up to ninety (90) days (three calendar months) per calendar year. Notice of freeze must be given to Peak Level Performance LLC via our Membership Hold Request Form prior to the first day of the requested hold and will not be issued retroactively. Holds cannot be issued for personal travel under 3 weeks. All payments drawn prior to the requested hold will not be refunded. Clients will not be billed for frozen months, and billing will resume automatically upon end of the freeze period. All prepaid clients will have memberships extended by the number of frozen months. Holds longer than ninety (90) days may be issued for members of the military on temporary duty assignment with advanced notification. If client chooses to cancel membership during the hold or freeze period, written notification must be issued within 30 days prior to the end of the hold period, otherwise clients will be charged a final month of membership upon hold release.




Membership Lapses and Reactivation


If you choose to cancel your membership at any time and return at a later date you will be subject to any rate increases at the time of enrollment.




Refund Policy


Peak Level Performance LLC will not provide refunds retroactively for any cancellation requests. Membership cancellations are only processed by sending written notification via email to info@peaklevelperformance.com. Please do not send cancellation messages to our Facebook page or other social media sites. Peak Level Performance LLC does not issue refunds if you do not use your membership, nor can you carry over sessions to the next month if you missed a class. No exceptions.




Membership Termination Policy


We reserve the right to scale or stop your training session if it is deemed unsafe. Peak Level Performance LLC reserves the right to refuse service to anyone for any reason. We reserve the right to cancel a client’s membership at any time for any reason. If your membership is terminated by Peak Level Performance LLC for any reason; we will refund the balance or remainder of any prepaid, unused membership.