TERMS OF SERVICE

The Performance Collective LLC
Online Training Membership

Effective Date: August 21, 2026
Version: 1.0

These Terms of Service ("Terms") govern your purchase of, access to, and participation in the online training membership ("Membership" or "Program") offered by The Performance Collective LLC ("The Performance Collective," "Company," "we," "us," or "our").

By purchasing a Membership, creating a member account, accessing the Program, or otherwise indicating your acceptance of these Terms, you ("Member," "Client," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Membership Services

The Performance Collective provides an online strength and conditioning training membership that may include:

  • Strength and resistance training programs;

  • Conditioning and cardiovascular training;

  • Running and endurance training;

  • Plyometric, mobility, flexibility, and other exercise programming;

  • Exercise demonstrations and instructional videos;

  • Training education and resources;

  • Member-only website content;

  • Program updates and modifications; and

  • Other fitness, strength and conditioning, and athletic performance resources made available through the Membership.

Specific features, programming, exercises, resources, and content may be added, modified, replaced, or removed as the Program evolves.

Unless expressly stated otherwise, the Membership does not include individualized one-on-one personal training, individualized medical care, physical therapy, nutrition therapy, or other healthcare services.

2. Membership Fee and Automatic Renewal

The Membership currently costs $35.00 USD per month, plus any applicable taxes.

THE MEMBERSHIP IS A RECURRING MONTHLY SUBSCRIPTION AND WILL AUTOMATICALLY RENEW EACH MONTH UNTIL CANCELED.

By purchasing the Membership, you authorize The Performance Collective and its third-party payment processor to automatically charge the payment method associated with your account $35.00 each billing period, plus applicable taxes, until you cancel your Membership.

Your billing date will generally correspond to the date on which your paid Membership began, subject to the functionality of the payment and membership platforms used to administer the Program.

You are responsible for maintaining a valid payment method associated with your Membership.

The Performance Collective reserves the right to change the price of the Membership in the future. Any price changes will be communicated as required by applicable law and will not be applied retroactively to amounts already paid.

3. Cancellation

You may cancel your Membership at any time.

If your Membership is purchased and managed through Squarespace, cancellation may be completed through your customer account by accessing your subscription or membership settings and selecting the option to cancel your subscription.

Unless otherwise stated at the time of cancellation, cancellation stops future recurring payments.

After cancellation, you will generally retain access to the Membership through the end of your current paid billing period. Your Membership will not renew after that billing period ends.

Cancellation does not ordinarily entitle you to a refund for amounts already paid.

You are responsible for canceling your Membership before your next renewal date if you do not wish to be charged for the next billing period.

4. Refund Policy

Except where required by applicable law or expressly stated otherwise by The Performance Collective, Membership payments are non-refundable once charged.

Because Membership access includes digital training programming, educational materials, exercise demonstrations, and other immediately accessible content, refunds generally will not be provided for:

  • Failure to use the Membership;

  • Missed workouts;

  • Changes in personal schedule;

  • Travel;

  • Changes in fitness goals;

  • Failure to cancel before a renewal date;

  • Dissatisfaction after accessing Membership content; or

  • Partial use of a billing period.

If you cancel your Membership, you may continue accessing the Program through the remainder of your paid billing period, subject to these Terms.

Nothing in this section limits any refund or other consumer right that cannot lawfully be waived.

5. Failed Payments

You are responsible for maintaining accurate and current billing information.

If a recurring payment fails, the applicable payment processor or membership platform may attempt to process the payment again.

Access to some or all Membership content may be suspended or terminated if payment cannot be successfully processed.

The Performance Collective is not responsible for fees imposed by your bank, credit card issuer, or other financial institution in connection with failed or declined payments.

6. Member Account

You may be required to create an account to access the Membership.

You are responsible for:

  • Providing accurate account information;

  • Maintaining the confidentiality of your login credentials;

  • Maintaining control over your account;

  • Keeping your contact and billing information current; and

  • Promptly notifying The Performance Collective if you believe your account has been accessed without authorization.

Your Membership is intended for your individual use only.

7. Account Sharing Prohibited

Memberships may not be shared, transferred, resold, sublicensed, or made available to another person.

You may not:

  • Share your username or password with another person;

  • Allow another person to regularly access Membership content through your account;

  • Purchase one Membership for use by multiple individuals;

  • Copy and distribute workouts to non-members;

  • Upload Membership materials to another website, application, social-media account, file-sharing service, or training platform; or

  • Resell, reproduce, or commercially distribute Membership content.

The Performance Collective reserves the right to suspend or terminate accounts that reasonably appear to be used by multiple individuals or otherwise violate these Terms.

8. Intellectual Property

All Membership content provided by The Performance Collective, including but not limited to:

  • Training programs;

  • Workouts;

  • Exercise progressions;

  • Written educational materials;

  • Videos;

  • Graphics;

  • Photographs;

  • Templates;

  • Guides;

  • Programming systems;

  • Website content;

  • Logos;

  • Branding; and

  • Other original materials

is owned by or licensed to The Performance Collective LLC and is protected by applicable intellectual-property laws.

Your Membership provides you with a limited, personal, non-exclusive, non-transferable, and revocable right to access and use Membership content for your own personal training and educational purposes.

Purchasing a Membership does not transfer ownership of any Membership content to you.

You may not reproduce, publish, distribute, sell, sublicense, modify for commercial distribution, or otherwise commercially exploit Membership materials without prior written authorization from The Performance Collective.

9. Training Program and Individual Responsibility

Exercise programs are provided for fitness, educational, strength and conditioning, and athletic-performance purposes.

You understand that online programming cannot account for every individual's medical history, injury history, training environment, equipment availability, physical abilities, or circumstances.

You are responsible for determining whether an exercise, workout, load, intensity, volume, progression, or activity is appropriate for you.

You should modify or discontinue an exercise when necessary and seek appropriate professional guidance if you are uncertain whether you can safely participate.

10. No Medical Advice

The Performance Collective provides fitness, exercise, strength and conditioning, athletic-performance, and educational services.

Unless separately provided by an appropriately licensed healthcare professional acting within the scope of that professional's license, Membership content does not constitute medical advice, diagnosis, treatment, physical therapy, or individualized healthcare.

The Membership is not a substitute for care from a qualified physician or other healthcare professional.

You should consult an appropriate healthcare professional regarding medical conditions, injuries, medications, pregnancy, symptoms, or other health concerns that may affect your ability to exercise.

11. Participant Agreement and Liability Waiver

Participation in the Program is also subject to The Performance Collective's separate Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement ("Participant Agreement").

By enrolling in and participating in the Program, you acknowledge that physical exercise involves inherent and other risks.

Acceptance of the Participant Agreement may be required before you are permitted to participate in or access the Program.

The Participant Agreement is incorporated into these Terms by reference.

If there is a conflict between these Terms and the Participant Agreement concerning assumption of risk, personal injury, exercise-related liability, release of liability, or indemnification, the applicable provisions of the Participant Agreement will govern to the extent permitted by law.

12. No Guarantee of Results

The Performance Collective does not guarantee specific results from participation in the Program.

Individual responses to exercise vary based on numerous factors, including training history, adherence, recovery, sleep, nutrition, genetics, health, lifestyle, and other circumstances.

Testimonials, examples, case studies, or descriptions of other Members' results do not constitute a guarantee that you will achieve the same or similar results.

13. Third-Party Platforms and Services

The Membership may use third-party platforms and services for payment processing, account management, training delivery, video hosting, communications, or other functions.

These services may include platforms such as Squarespace, CoachRx, TrainHeroic, payment processors, or other technology providers.

Your use of a third-party service may also be subject to that provider's separate terms, policies, and privacy practices.

The Performance Collective is not responsible for temporary interruptions, outages, technical failures, or changes caused solely by third-party platforms outside The Performance Collective's reasonable control.

14. Program Changes

The Performance Collective may periodically modify the Program to improve its content, programming, delivery, or member experience.

Individual workouts, exercises, training blocks, videos, resources, website features, or other Membership materials may be updated, replaced, added, or removed.

The Performance Collective does not guarantee that any particular workout, exercise, video, resource, feature, or piece of content will remain available indefinitely.

15. Acceptable Use

You agree to use the Membership lawfully and respectfully.

You may not:

  • Attempt to gain unauthorized access to another Member's account;

  • Interfere with the operation or security of the website or Membership platform;

  • Circumvent access restrictions;

  • Scrape, systematically download, or reproduce Membership content;

  • Use Membership content to create or operate a competing commercial training product;

  • Harass The Performance Collective, its representatives, or other Members;

  • Engage in fraudulent activity relating to your account or payments; or

  • Otherwise misuse the Program or its content.

16. Suspension or Termination

The Performance Collective reserves the right to suspend or terminate a Membership for material violation of these Terms, including but not limited to:

  • Account sharing;

  • Unauthorized distribution of Membership content;

  • Fraudulent payment activity;

  • Unauthorized commercial use of Program materials;

  • Harassment or abusive conduct;

  • Attempts to compromise the security of the Membership platform; or

  • Other material misuse of the Program.

Where appropriate and reasonably practicable, The Performance Collective may provide notice of the violation before termination.

Termination for a material violation of these Terms may result in loss of access to Membership content.

Nothing in this section limits rights or remedies available under applicable law.

17. Communications

By creating an account or purchasing a Membership, you agree that The Performance Collective may send you communications reasonably necessary to administer your Membership, including:

  • Purchase confirmations;

  • Billing and renewal information;

  • Payment-failure notices;

  • Cancellation confirmations;

  • Account and security notices;

  • Material changes to the Membership or these Terms; and

  • Other service-related communications.

Marketing communications will be handled separately where required by applicable law, and you may unsubscribe from marketing emails using the methods provided in those communications.

18. Privacy

The Performance Collective's collection, use, storage, and disclosure of personal information is governed by its applicable Privacy Policy.

Third-party platforms used to provide the Membership may separately collect and process information in accordance with their own privacy policies.

19. Changes to These Terms

The Performance Collective may modify these Terms periodically to reflect changes in the Program, business operations, technology, or applicable law.

Material changes will be communicated or presented for acceptance when required by applicable law.

The effective date and version number at the beginning of these Terms indicate the current version.

Changes will not retroactively alter rights or obligations relating to payments or transactions completed before the changes became effective except where permitted or required by law.

20. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in effect.

21. Governing Law

These Terms shall be governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles, except where another jurisdiction's law is required to apply.

Nothing in these Terms is intended to waive any consumer protection or other legal right that cannot lawfully be waived.

22. Entire Agreement

These Terms, together with the applicable Participant Agreement, Privacy Policy, pricing information presented at enrollment, and any other policies expressly incorporated by reference, constitute the agreement between you and The Performance Collective regarding your Membership.

If any specific written terms presented at the time of purchase conflict with these Terms regarding price or billing frequency, the specific terms presented at checkout will control for that purchase.

23. Electronic Acceptance

You consent to entering into this agreement electronically.

By checking an acceptance box, completing your Membership purchase, or otherwise electronically indicating your agreement to these Terms, you intend your action to constitute your electronic acceptance of these Terms.

24. Contact

Questions regarding your Membership, billing, cancellation, or these Terms may be directed to:

The Performance Collective LLC

Email: day@dayperformancelab.com

MEMBERSHIP SUMMARY

Price: $35.00 USD per month, plus applicable taxes

Billing: Automatically renews monthly until canceled

Cancellation: Cancel at any time through your membership/customer account or through another cancellation method provided by The Performance Collective.

Access After Cancellation: Access generally continues through the end of the billing period already paid for.

Refunds: Payments are generally non-refundable except where required by law or otherwise expressly provided by The Performance Collective.

Participant Agreement: Participation is also subject to The Performance Collective LLC's Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement.

BY PURCHASING THE MEMBERSHIP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS OF SERVICE.