Terms of Service & Conditions Agreement for The Grind Performance Coaching Community & Memberships

Effective Date: [March 24th, 2025]

1. Introduction

Please read these Terms & Conditions carefully before using our website, platform and community. By accessing our website, online platform and community, you are indicating your acknowledgement and acceptance of these Terms & Conditions. These Terms & Conditions are subject to change by The Grind Performance at any time at our sole discretion. Your use of The Grind Performance Services, Website and Platform constitutes your acknowledgment and acceptance of these Terms & Conditions and any and all amendments thereof.

The Grind Performance is dedicated to providing support and guidance through our online community, platform and membership services aimed at enhancing personal and professional growth through coaching, training, and various resources. By accessing and using The Grind Performance's services, you agree to be bound by the following Terms of Service Agreement ("Agreement"). Please read this Agreement carefully before using our platform.

The Website, Platform and Community is available only to individuals who are at least 13 years old. You affirm that You are either at least 18 years old, or You possess parental or guardian consent, and are fully able and competent:

  • to assume and to fulfill the obligations set forth in these Terms & Conditions

  • to make representations and warranties set forth in these Terms & Conditions

2. Definitions

- "The Grind Performance": Refers to The Grind Performance Coaching, Community, Platform, Programs & Membership, its coaches, staff, brand and affiliates.

- "Member": Any individual who has registered and maintains an active membership with The Grind Performance 

- "Program": Any coaching, training, blueprint, educational materials, or resources offered by The Grind Performance to its Members.

- “Content”: Any posts, comments, videos, files or links created by the Member

3. Assumption of Risk and Liability Limitation

3.1 Assumption of Risk

The Member acknowledges and understands that participating in coaching, training, and any other activities offered by The Grind Performance may involve inherent risks, including but not limited to physical, mental, and emotional risks. As such, the Member and client agree that The Grind Performance and our coaches are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by The Grind Performance. Member understands that coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure or treat any mental disorder or medical disease. Member acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and or mental health issues. Coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment or other professional advice by legal, medical or other qualified professionals and that is the Members exclusive responsibility to seek such independent professional guidance as needed. The Member voluntarily assumes all such risks and agrees that The Grind Performance shall not be liable for any injury, harm, or damages resulting from the Member's participation in any Program. Please understand that results are not typical. We’re not implying you’ll duplicate them (or do anything for that matter). The average person who buys “how to” information gets little to no results. Your results will vary and depend on many factors including but not limited to your background, experience, and work ethic. Massive, consistent effort and action must be taken to succeed. If you’re not willing to accept that, please DO NOT PURCHASE THE GRIND PERFORMANCE COACHING PROGRAMS & MEMBERSHIP

3.2 Release of Liability

To the fullest extent permitted by law, the Member hereby releases, discharges, and holds harmless The Grind Performance, its coaches, staff, and affiliates from any and all claims, demands, causes of action, losses, damages, or liabilities of any kind arising from or related to the Member's participation in any Program, including but not limited to injuries, illnesses, emotional distress, death or property damage.

4. Disclaimer of Warranties

The Grind Performance makes no warranties or representations about the accuracy, completeness, or effectiveness of the information, coaching, or resources provided through its Programs. All content and services are provided on an "as-is" and "as-available" basis. The Grind Performance disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Grind Performance operates its platform and community through 3rd party provider MightyNetworks. As a Grind Performance Member you also uphold the agreement of MightyNetworks Terms & Service.

5. Use of Website, Platform, Community & Services

5.1 License & Membership

The Grind Performance grants you a limited, non-exclusive, non-transferable revocable license and membership to access and use the platform, app, community and services for your personal, non-commercial use. The Grind Performance Community is hosted through 3rd-party provider Mighty Networks.

5.2 Prohibited Activities

You may not use the community, platform or services for any illegal or unauthorized purpose. You may not interfere or disrupt the platform, app, community or services or any servers or networks connected to the platform, app, community or services, or disobey any requirements, procedures, policies or regulations of networks connected to the platform, app, community or services.

6. Confidentiality and Privacy

The Grind Performance respects the privacy and confidentiality of its Members. Any personal information provided by Members will be treated in accordance with The Grind Performance’s Privacy Policy. However, Members understand and agree that The Grind Performance cannot guarantee the security of information transmitted over the internet and that the use of the platform is at their own risk. Members agree to the Terms of Service and 

7. Intellectual Property

All content, materials, and resources provided by The Grind Performance, including but not limited to text, graphics, logos, images, audio clips, videos and software, are the intellectual property of The Grind Performance and are protected by copyright, trademark, and other intellectual property laws. Members agree not to reproduce, distribute, modify, or create derivative works based on any content or materials from The Grind Performance without prior written consent.

8. Privacy Policy 

8.1 Information Collection

The Grind Performance may collect personal information from you, such as your name, email address, phone number, payment information and other similar information while using the platform, app, community and services. When you create an account, we collect login credentials, account preferences and profile information.

8.2 Information Use

The Grind Performance will use the information we collect for the following purposes:

  1. To provide and improve the Programs & Service: We use your personal information to provide, maintain and improve our Service, as well as to develop new features and functionalities. 

  2. Communication: We may use your contact information to send you Program-related announcements, updates and notifications. You can opt-out of non-essential communications at any time.

  3. Personalization: We may use your information to personalize your experience and content within the Programs, such as tailoring recommendations.

  4. Payment: We use your information to complete payments and transactions specific to the related Program & Service required or purchased.

8.3 Information You Provide

You may not post, send, submit, publish or transmit in connection with The Grind Performance Platform & Community any content that: 

  • You do not have the right to post, including proprietary material of any third party;

  • Advocates illegal activity, incites violence, or discusses an intent to commit an illegal act;

  • Is vulgar, obscene, pornographic, or indecent;

  • Does not pertain directly to this Website;

  • Threatens or abuses others, libels, defames, invades privacy, and stalks;

  • Is racist, abusive, harassing, threatening or offensive;

  • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; Infringes any intellectual property or other right of any entity or person, including, without limitation, violating anyone’s copyrights or trademarks or their rights of publicity;

  • Violates any law or may be considered to violate any law;

  • Impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

  • Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on this Website;

  • Solicits funds, advertisers or sponsors;

  • Includes programs which contain viruses, worms and/or Trojan Horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

  • Disrupts the normal flow of dialogue, causes the screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other users to engage in real time activities via this Website;

  • Includes MP3 format files;

  • Amounts to a “pyramid” or similar scheme;

  • Disobeys any policy or regulations established from time to time regarding the use of this Website or any networks connected to this Website; or

  • Contains hyper-links to other Websites containing content that falls within the descriptions set forth in this section

If you create a post on the Website and Platform, you are responsible for maintaining the security of your account and post, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the post. You must not describe or assign keywords to your post in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and The Grind Performance may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause The Grind Performance liability. You must immediately notify The Grind Performance of any unauthorized uses of your post, your account or any other breaches of security. The Grind Performance will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

If you operate a post, comment on a post, post material to the Website and Platform, post links on the Website and Platform, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.

By submitting Content to The Grind Performance Website, Community and Platform, you grant The Grind Performance Coaching a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your post. If you delete Content, The Grind Performance Coaching will use reasonable efforts to remove it from the Website, Community and Platform, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, The Grind Performance Coaching has the right (though not the obligation) to, in The Grind Performance Coaching’s sole discretion (i) refuse or remove any content that, in The Grind Performance Coaching’s  reasonable opinion, violates any The Grind Performance Coaching policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in The Grind Performance Coaching’s sole discretion. The Grind Performance Coaching will have no obligation to provide a refund or any amounts previously paid. 

9. Termination of Membership

The Grind Performance reserves the right to terminate a Member's access to its services at any time for any reason, including but not limited to violation of this Agreement, abuse of the platform, or any behavior deemed inappropriate by The Grind Performance.

10. Indemnification

The Member agrees to indemnify, defend, and hold harmless The Grind Performance, its coaches, staff, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to the Member's use of The Grind Performance’s services, violation of this Agreement, or infringement of any third-party rights.

11. Payment and Renewal

11.1 Membership Fees

Membership fees for The Grind Performance's services will be specified on the platform and may vary depending on the type of membership and payment plan chosen by the Member. Payment can be made via various payment methods. By becoming a Member, you agree to pay the applicable fees as outlined on the platform and agreement.

11.2 Automatic Renewal & Recurring Payments

Unless otherwise specified, memberships will automatically renew on a monthly or annual basis, depending on the selected payment plan. Automatic renewal and payment will be charged on your card or payment option after (7) day trial periods for memberships and each following month or year dependent on The Grind Performance Membership option. You authorize The Grind Performance to charge your chosen payment method for the applicable fees on a recurring basis until you cancel your membership.

11.3 Cancellation and Refunds

Members may cancel their membership at any time through the Platform. The Grind Performance has a strict 7-Day Money Back Guarantee & Refund Policy. Please note that cancellation after the initial 7-Day period will not result in a refund for any unused portion of the membership fees already paid. Refunds may be considered under certain circumstances at The Grind Performance's sole discretion.

12. Code of Conduct

The Grind Performance expects all Members to adhere to a respectful and professional code of conduct while using the website, platform, app, community and participating in any Program. Members agree not to engage in any behavior that is unlawful, harmful, abusive, harassing, defamatory, or otherwise objectionable. The Grind Performance reserves the right to take appropriate action, including termination of membership, for violations of the code of conduct.

13. Limitation of Liability

To the maximum extent permitted by law, The Grind Performance, its coaches, staff, and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, physical harm, mental harm, emotional harm or other intangible losses arising from or related to the use of The Grind Performance's services or participation in any Program.

14. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of [Canada]. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts in [Canada].

15. Modifications to the Agreement

The Grind Performance reserves the right to modify or update this Agreement from time to time. Any changes will be posted on The Grind Performance’s platform, app, community and it is the Member's responsibility to review the Agreement periodically. Continued use of The Grind Performance's services after the modifications constitutes acceptance of the revised Agreement.

By using The Grind Performance's platform, app, community and services, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Agreement. If you do not agree to any part of this Agreement, please refrain from using The Grind Performance's services. If you have any questions or concerns about this Agreement, please contact us at [support@thegrindperformance.com].