Please carefully read the following terms and conditions, audio/visual release, and waiver of liability (the "Terms and Conditions"), relating to your participation in online training, group coaching, and one-on-one training (the "Training") which is conducted by Performance Neuro, LLC and/or Bryan Thomas, or other Performance Neuro staff or contractors (“Company").
By registering for the Training virtually, you (the "Attendee") signify your acceptance of and obligation to these terms and conditions. If you have objections to the following, you should not register for or attend the Training.
Terms & Conditions of Registration:
- You confirm that by agreeing to these terms you will be added to our subscriber list so you can receive information and correspondence about the course, coaching, or 1:1 training that you have purchased. We value your privacy and your email address and contact info will never be sold or shared. You may unsubscribe at any time you wish, but upon doing so you will be removed from our list and unable to receive any correspondence from our system regarding your purchased materials. Your login credentials and customer records will remain in our system indefinitely so that you can access your purchased materials, unless you request in writing that they be removed and deleted, in which case you will lose access to the materials you have purchased or registered for in their entirety.
- This is a recurring subscription for group training.
- After your first payment you will be charged every 30 days until you decide to cancel. Upon cancellation, no refunds will be offered.
- Your access to the Member's Area and Private Group Coaching Calls will expire at the end of the month when cancellation occurs. No extensions, and no sharing is allowed.
- No additional enrollment fees are required.
- By subscribing to this Group training and agreeing to these terms, you are also agreeing to receive occasional email and text messages from Bryan, or Performance Neuro, related to your classes and other special offers. You will never receive spam from us, and your contact information will never be sold or shared with any third party.
Company requires all Attendees to be respectful and professional to our instructors, staff, hosts, speakers, and other attendees and their guests or families throughout the Training, even during non-scheduled downtime and breaks. Company reserves the right to remove Attendee and/or their guests immediately should they be deemed rude, uncooperative, unprofessional, intoxicated or in possession of any illegal substance. In such case, the Attendee will not receive any future products, services or correspondence from Company and no refunds will be issued.
NO RECORDING, PICTURES OR VIDEO.
By signing this agreement, each attendee acknowledges that they will not record, video, or take pictures of any kind of the Training or during the Training. They also acknowledge that if it is found that there was any recording of any type, the attendee will be asked to delete the recording and may be removed from the Training.
Confidentiality and Non-Compete
Attendee hereby understands that the movement choreography, workouts, sequences, trademarked names, and information presented in the Training are confidential, copyrighted, and proprietary to the Company or its contractors and agrees not to record, duplicate, distribute, teach or train from the Training materials in any manner whatsoever without the express written permission of Company. Attendees may not use any device to video, photograph, or record any aspect of the Training. Attendees who do not abide by this policy will be asked to destroy any recorded materials and may be asked to leave the Training. Any unauthorized use or distribution of the proprietary concepts, materials, and intellectual property by the Attendee or his/her representatives is prohibited and Company will pursue legal action and full damages if these terms are violated in order to protect its rights.
You are hereby granted written permission to use the material contained in this training for your personal use, and for use with 1-1 client training and small group training with your clients, which is defined as a group of 10 or less individuals. For groups larger than 10, or for use in any format other than these, you must seek express written permission from the Company in advance of the utilization of this intellectual property.
By participating in the Training, Attendee understands that portions of the Training's live events may be recorded in video and audio and/or captured in still and/or digital photographs. Attendee agrees that the Company and its assigns have the right and permission to use such recordings and photographs should they include Attendee's name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Attendee. Attendee understands and agrees that all recordings from the Company's events are the exclusive rights of the Company and Attendee does not ask for or expect compensation for the use of recordings or photographs in which Attendee appears or speaks. Company owns all rights of any audio, video, and/or photograph captured during the Company's Training or at any of the Company's other events.
Review and Jurisdiction
These Terms are subject to change at any time and at the sole discretion of the Company. Please visit the site regularly for updates.
INFORMED CONSENT WAIVER AND RELEASE OF LIABILITY
In consideration of participating in the training offered by Performance Neuro and Bryan Thomas (the “Company”), and its authorized Trainers (the “Training”),
I, (the “Attendee”) understand and acknowledge that this Informed Consent Waiver and Release of Liability (“Release”) shall govern my Training at all locations at which the Training occurs:
1. It is my responsibility to discuss any concerns about my health with my physician before participating in Training, and to obtain my physician’s consent prior to beginning my Training.
2. I, along with any participating household family members, am fully aware of risks and hazards connected with physical Training, including the risk of injury to my neck, back, spine, shoulders, knees or other parts of my body, and I hereby elect to participate as a voluntary participant in the Training and to engage in such Training knowing that the activity may be hazardous to me. If I am an athlete or Sport Trainer and professionally training to compete, I am fully aware that the risks and hazards noted in this Paragraph 4 are highly probable, they will occur and they are a natural part of an aggressive training program and I accept such risks and hazards as part of my
3. I understand that while the Company will take steps to maximize safety, Training includes an inherent risk of serious injury, including economic loss, property damage, serious physical injury, permanent disability, or death (collectively “Injuries”). I further understand that this risk may arise from my negligence; or the negligence of the Company, its employees, independent contractors, or other participants; equipment malfunction; the condition of the premises; or other causes.
4. Regardless of the cause of the Injuries, for myself or any participating household family members and on behalf of my heirs, assigns, personal representatives and next of kin:
- I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISK OF INJURY, HARM, LOSS, AND/OR DEATH THAT MAY BE SUSTAINED BY ME OR ANY LOSS OR DAMAGE TO PROPERTY OWNED BY ME AS A RESULT OF BEING ENGAGED IN SUCH TRAINING, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, EMPLOYEES OR INDEPENDENT CONTRACTORS ASSOCIATED WITH THE COMPANY, OTHER PARTICIPANTS, EQUIPMENT MALFUNCTION, THE CONDITION OF THE PREMISES, OR OTHER CAUSES;
- I covenant not to file suit against, and I release, waive, and discharge the Company, Company’s employees, independent contractors, trainers, members, managers, assistants, volunteers, officers, agents, participants, lessors and all others (collectively referred to as the “Company’s Agents”) from any and all liability to me, my heirs, next of kin, administrators, successors and assigns, for any and all claims, demands, actions and causes of action of any sort for losses or damages on account of injury, damages or death, caused or alleged to be caused, whether in whole or in part, by negligence of the Company or the Company’s Agents.
- I along with any participating household family members further agree to indemnify, defend and hold harmless the Company and the Company’s Agents from any loss, liability, damage, claim or costs, including court costs and attorney’s fees, that they may incur due to my participation in the Training, whether caused or alleged to be caused, whether in whole or in part, by negligence of the Company or the Company’s Agents.
5. I acknowledge that I have choices to select Training with other providers and trainers, and that I have selected Performance Neuro as my Training provider of choice, and I freely enter this Informed Consent Waiver, Release of Liability, and Assumption of Risk to receive the Training.
6. I certify that I am 18 years of age or over, or if I am a minor that I am registering with the permission of my parent or legal guardian.
- If my minor child or other family household members of minority age are participating, I certify that I am the parent or guardian with legal responsibility for this participant. I do consent and agree to the Release, as provided above, and for myself, our family, my heirs, successors, assigns and next of kin, I release and agree to indemnify and hold harmless the Company and the Company’s Agents from any and all liabilities incident to my minor child’s involvement or participation in Training as provided above.
7. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF THE RISK AND I FULLY UNDERSTAND IT. I UNDERSTAND THAT BY AGREEING I HAVE GIVEN UP SUBSTANTIAL RIGHTS. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, DURESS OR COERCION. THIS RELEASE SHALL BE IN FULL FORCE AND EFFECT FOR ALL TIMES I RECEIVE TRAINING FROM THE COMPANY.