Last Updated: December 17, 2025
Please read these terms carefully before using Pierce Performance HQ services
By accessing or using Pierce Performance HQ's services, including our website, coaching programs, and training services, you agree to be bound by these Terms of Service and all applicable laws and regulations.
If you do not agree with any of these terms, you are prohibited from using or accessing our services.
Pierce Performance HQ provides remote fitness coaching, online training programs, performance optimization resources, and related services. Our services include:
As a user of our services, you agree to:
You are responsible for all activities that occur under your account.
Important: Consult Your Physician
Before beginning any training program, you should consult with your physician or healthcare provider, especially if you have any pre-existing health conditions.
By participating in our programs, you acknowledge that:
Fees: You agree to pay all fees associated with your selected program or service. Prices are subject to change with advance notice.
Payment Methods: We accept major credit cards and other payment methods as specified during checkout.
Recurring Payments: For subscription-based services, you authorize us to charge your payment method on a recurring basis until you cancel.
Late Payments: Failure to pay may result in suspension or termination of services.
Here's my promise: If you execute the system with 90%+ adherence and don't see measurable progress in your strength, body composition, or performance within the first 8 weeks, you'll get a full refund or I'll continue coaching you for free until you achieve your goals.
Training Completion
Complete 90%+ of assigned training sessions
Weekly Check-Ins
Submit weekly check-ins on time
Follow Recommendations
Follow nutrition and recovery recommendations
Overall Adherence
Maintain 90%+ overall adherence (tracked in the app)
Strength
Increased weight, reps, or performance on key lifts
Body Composition
Fat loss while maintaining/building muscle
Performance
Improved athletic capacity or work capacity
Recovery
Reduced pain, improved mobility, better energy
If progress stalls after 8 weeks despite 90%+ adherence:
Important: This guarantee applies to the initial 12-Week High-Performance Private Consulting System. The 8-week review period allows sufficient time to assess progress while protecting both parties. Refund requests must be submitted within 72 hours of completing week 8, accompanied by documented adherence records from the coaching platform.
Cancellations: You may cancel your month-to-month coaching subscription at any time after completing your initial program. Cancellations will take effect at the end of the current billing period. No refunds will be issued for partial months or subscription periods already paid.
Understanding "Cancel Anytime"
The "cancel anytime" policy applies only to month-to-month coaching after you've completed your initial program. Here's what you need to know:
Example: If you complete your initial program and continue with month-to-month coaching that bills on the 1st of each month, and you cancel on the 15th, you'll continue to have access through the 31st/30th of that month, but won't be charged on the 1st of the following month.
All content, materials, and resources provided by Pierce Performance HQ, including but not limited to training programs, videos, documents, and branding, are protected by copyright and other intellectual property laws.
You may not:
To the fullest extent permitted by law, Pierce Performance HQ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
Our total liability shall not exceed the amount you paid for our services in the 12 months preceding the claim.
Pierce Performance HQ shall not be liable for any failure or delay in performing our obligations under these Terms of Service when such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:
What Happens During a Force Majeure Event
Notification:
We will notify you as soon as reasonably possible via email if a force majeure event prevents us from delivering services. We will provide an estimated timeline for resumption of services when available.
Service Suspension:
During a force majeure event, our obligation to provide coaching services will be suspended for the duration of the event. This suspension does not constitute a breach of contract.
Program Extensions:
If services are suspended due to force majeure, your program timeline will be automatically extended by the number of days services were unavailable, at no additional cost to you.
Refunds (Events Lasting 14+ Days):
If a force majeure event prevents service delivery for 14 consecutive days or longer, you may request a pro-rata refund for the unused portion of your program. Refunds will be calculated based on the remaining coaching sessions and program days.
Alternative Solutions:
Where possible, we will make reasonable efforts to provide alternative solutions, such as modified coaching delivery methods, recorded content, or delayed session makeup, to minimize disruption to your program.
Termination (Events Lasting 30+ Days):
If a force majeure event prevents service delivery for 30 consecutive days or longer, either party may terminate the agreement without penalty. You will receive a full refund for any unused portion of your program.
This force majeure provision does not excuse payment obligations for services already rendered before the force majeure event occurred.
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service.
By using our services, you consent to the collection and use of your information as described in our Privacy Policy.
We reserve the right to suspend or terminate your access to our services at any time, without notice, for conduct that we believe:
Upon termination, your right to use our services will immediately cease, and we may delete your account and associated data.
This section governs the ability to transfer or assign rights and obligations under these Terms of Service and your coaching program agreement.
You may NOT transfer, assign, or gift your coaching program, membership, or services to any other person or entity without Pierce Performance HQ's prior written consent.
Prohibited Actions
The following actions are strictly prohibited without our written consent:
In exceptional situations, we may consider transfer requests on a case-by-case basis. To request approval for a transfer:
1 Submit Written Request
Email [email protected] with subject line "Transfer Request - [Your Name]" explaining your situation and the proposed recipient's details.
2 Proposed Recipient Must Apply
The proposed new client must complete our full application process, including qualification assessment and consultation call, at our discretion.
3 Transfer Fee May Apply
If approved, an administrative transfer fee and any pricing adjustments may apply based on current program rates.
Note: Approval is at Pierce Performance HQ's sole discretion. We are under no obligation to approve any transfer request. No refunds will be issued if a transfer request is denied.
Pierce Performance HQ reserves the right to assign, transfer, or delegate any of our rights or obligations under these Terms and your coaching agreement to another entity, including but not limited to:
Your Protection: In the event of any business transfer or assignment, we will ensure that:
Legal Effect: Any attempted assignment or transfer by you in violation of this section will be null and void. These Terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
We reserve the right to modify these Terms of Service at any time. We will notify users of significant changes via email or through a notice on our website.
Your continued use of our services after changes are posted constitutes acceptance of the modified terms.
Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Because Pierce Performance HQ operates as a remote coaching service with clients located throughout the United States, all services are provided remotely via digital platforms.
Mandatory Pre-Arbitration Dispute Notice Process
Before filing any arbitration claim or lawsuit, you agree to attempt to resolve any dispute through the following informal notice process:
1 Send Written Notice
Send a written notice of dispute via email to [email protected] with the subject line "DISPUTE NOTICE - [Your Name]". The notice must include: (a) your full name and contact information, (b) a detailed description of the dispute, (c) the specific relief or remedy you seek, and (d) all supporting documentation.
2 30-Day Negotiation Period
Both parties agree to engage in good faith negotiations for 30 days from the date the notice is received. During this period, Pierce Performance HQ will review your dispute and attempt to reach a mutually acceptable resolution.
3 Proceed to Arbitration (If Unresolved)
If the dispute cannot be resolved within 30 days through informal negotiation, either party may proceed to binding arbitration as described below.
Important: Failure to complete this pre-arbitration notice process may result in dismissal of your claim or delay of arbitration proceedings.
Binding Arbitration Agreement: Any disputes, claims, or controversies arising out of or relating to these Terms of Service, our services, or your relationship with Pierce Performance HQ (including disputes about the validity, scope, or enforceability of this arbitration agreement) shall be resolved exclusively through binding arbitration, except where prohibited by law.
Arbitration Terms & Procedures
Arbitration Provider:
Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or if AAA is unavailable or unwilling to serve, by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules & Procedures.
Arbitration Location & Venue:
Because all services are provided remotely, arbitration hearings will be conducted remotely via videoconference or telephone unless both parties mutually agree to an in-person hearing. If an in-person hearing is required and both parties agree, the location will be determined based on the client's state of residence or a mutually agreed neutral location. For claims under $25,000, arbitration will be conducted entirely through written submissions and remote hearings unless you request an in-person hearing.
Arbitrator Selection:
The arbitration will be conducted by a single neutral arbitrator selected in accordance with AAA or JAMS rules. The arbitrator must be a lawyer with at least 10 years of experience or a retired judge.
Arbitration Costs:
Each party will bear its own attorney's fees and costs, except that Pierce Performance HQ will pay all AAA/JAMS filing, administration, and arbitrator fees for claims under $10,000 unless the arbitrator determines the claim was frivolous.
Arbitration Award:
The arbitrator's decision will be final and binding, and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award the same individual remedies available in court, but may not award relief benefiting anyone other than you or Pierce Performance HQ.
Class Action Waiver:
You and Pierce Performance HQ agree that any arbitration or lawsuit shall be conducted only on an individual basis and not as a class action, consolidated action, or representative action. You may not bring claims on behalf of other individuals or join claims with those of others.
Right to Opt-Out:
You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
Exceptions to Arbitration:
Either party may bring a claim in small claims court if the claim qualifies for small claims court jurisdiction. Additionally, either party may seek equitable relief in court for intellectual property infringement or unauthorized use of our services.
Judicial Forum & Venue (If Arbitration Does Not Apply): If for any reason a dispute proceeds in court rather than arbitration, you and Pierce Performance HQ agree that any lawsuit shall be filed in the state or federal courts located in the county of your residence at the time the dispute arises, or if you prefer, in the courts of the State of California where Pierce Performance HQ is based. Both parties consent to the personal jurisdiction of those courts.
Important Notice: By agreeing to these Terms, you are waiving your right to a jury trial and agreeing to resolve disputes through binding arbitration. Please review this section carefully.
Entire Agreement: These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Pierce Performance HQ.
Severability: If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full effect.
Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
If you have any questions about these Terms of Service, please contact us:
www.pierceperformancehq.com
Now that you've reviewed our terms, take the next step in your fitness journey with Pierce Performance HQ.