Pinnacle Performance Ltd. (“Pinnacle”) requires you (“Client”) to accept these Terms and Conditions in order to participate in either the Online Group Development Sessions (GDS) (“Online GDS”) or the On-Demand GDS Programmes (“Programmes”). These Terms and Conditions will be binding.
1. Programmes:
By registering and paying for the Programmes, you will be provided with online access to information, materials, and media (“Material”) designed to educate you and give you advice on physical fitness approaches and techniques. The Material is “as is” and “as available” and is not tailored to individual Client needs.
2. The Online GDS:
By registering and paying for the Online GDS, you will be taken through a ‘trial period’ where you will participate in GDS as well as an initial consults and profiling. At the end of the trial period you will be eligible for a full refund if you choose not to continue the membership, minus a $10USD administrative fee.
If you continue with the membership you will be provided with online access to information, materials, and media (“Material”) created specifically to educate you and coach you specifically through a prescribed live group session. The Material is “as is” and “as available” and is may be tailored to individual Client needs depending on tier of membership and agreed provisions.
3. Payment, Term, and Renewal:
Online GDS membership fees are charged in advance of the applicable month at the prescribed rate, inclusive of all administrative fees. All membership fees are to be paid by automatic payment via PayPal or the approved company credit card merchant (this is done automatically upon first purchase). You are not eligible to hold your fee or ‘freeze’ your membership. If you choose to terminate your membership you must do so in writing to your respective administrator, giving 30 days notice.
The Programme is being offered to registered and paid Clients at the rate listed on the Website and App (the “Rate”). Your registration in the Programme can be terminated at any time by either you or Pinnacle. All payments are final. There are no refunds. Your programme is available to you for a maximum of 6 weeks from date of purchase (ideally/theoretically it should be performed within a 4 week cycle).
4. Medical Disclaimer:
This Programme is intended only for persons over the age of 16, who are in good health, and who are not pregnant or suffering from an illness or disability. The Programme is not designed to, and should not be interpreted by you as, providing any medical advice. If you experience any medical issues or have any medical concerns, you should immediately consult with a physician or other licensed medical provider.
5. Assumption of Risk:
Physical fitness activities, by their very nature, carry with them certain inherent risks which cannot be eliminated regardless of the care taken to avoid injuries. This Programme will involve various activities, including but not limited to, weight lifting, functional movements, aerobic exercises and stretching. Some of these involve strenuous exertions of the cardiovascular and muscular systems and muscular strength using various muscle groups. You should never force or strain during these activities. If you experience any pain or discomfort, you should immediately consult with a physician or other licensed medical provider. By participating in this Programme, you acknowledge, understand, and assume these inherit risks, and all risks, known or unknown.
6. The Providers:
Pinnacle is a company of 3 gyms, 2 in Hong Kong and 1 in Manila, Philippines, that provide members and clients alike with Strength and Conditioning and health/wellbeing services through individualised membership and bespoke group or team provisions. All Pinnacle Coaches are educated within the Strength and Conditioning field to a minimum of degree standard, and most are qualified post-graduates and/or in internationally accredited S&C certifications through the UK, USA or Australia (UKSCA, CSCS, ASCS). The Programmes are written and developed by the Head Strength and Conditioning Coach, Tom Summers, who has years of extensive experience and qualifications within the fitness and sports world. The Online GDS are written, developed and delivered by the entire Pinnacle Coaching Team. More information on Tom and the Pinnacle team can be found on the website https://pinnacleperformance.asia/team.
7. Use of Website and App:
Pinnacle will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programmes, mobile phone or device, data, or other proprietary material due to your use of the Website or App, the downloading of any Material posted on the Website or App, or on any hyperlink contained on the Website or App.
8. Intellectual Property, Software, and Content:
The intellectual property rights in all software and content (including videos, Programmes, and guides) made available to you on or through the Website and App remains the property of Pinnacle or its licensors. you may store, print, and display the provided materials solely for your own personal use. you may not publish, manipulate, distribute, reproduce, or use for any business purpose, in any format, any of the Material on the Website or App without the express written of Pinnacle. you may not provide access or use of the Material to others that are not yourself.
You will not nor will you allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Pinnacle training materials; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source file content of the videos, except as expressly permitted by the law in effect in the jurisdiction in which you are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the videos, the Programmes or the Online GDS; (iv) remove any proprietary notices or labels on the training materials or placed by the Programmes; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Programmes or the software. You will use the software, service and reports solely for your own internal use, and will not make the software or service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in your use of and access to the Programmes and App content.
9. No Guarantees:
Pinnacle does not guarantee that any particular result will occur as part of your participation in the Programme, including but not limited to, weight gain or loss, strength gain or loss, change in physique, or change in other health conditions. Obviously, physical fitness and health is dependent on a large number of factors, many of which are outside the control of Pinnacle.
10. Indemnification:
You agree to indemnify, defend, and hold harmless Pinnacle, its directors, officers, employees, consultants, agents, and affiliates, from any and all claims, liability, damages, and/or costs (including, but not limited to, legal fees, if available under Hong Kong law) arising from your use of the Website or App, the Materials, or your breach of these Terms and Conditions.
11. Changes to Content:
Pinnacle shall have the right, in its sole discretion, at any time and without notice, to amend, remove, or change the Material and other content on the Website or App.
12. Member account and security:
To register for either service, you must complete the registration process by providing current, complete and accurate information as prompted by the registration form, including. You shall then be provided with a link to sign up to the App using your email and chosen password. You shall protect your password and take full responsibility for your own, and third party, use of your accounts. You are solely responsible for any and all activities that occur under your account. You agree to notify Pinnacle immediately upon learning of any unauthorised use of your account or any other breach of security.
13. Privacy Policy and use of personal data:
You hereby agree for Pinnacle to use your personal information to provide you with the services, products or information that you have requested, for administration purposes, to improve your website experience, and marketing. We may need to share your information with our service providers, associated organisations and agents for these purposes. You can find more about our Privacy Policy at the following address: https://pinnacleperformance.asia/privacypolicy.
14. Miscellaneous:
These Terms and Conditions shall constitute the complete agreement between you and Pinnacle. They shall be binding upon and inuring to the benefit of the parties and their respective successors and assigns. There shall be no oral conditions, representations, warranties, or agreements. This agreement shall be governed by the laws of the country of Hong Kong. If any provision is deemed by a Court to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. How to contact us:
If you have any questions or complaints regarding the use or functionally of the app please contact us by email at admin@pinnacleperformance.hk.