Foster Elite Performance - Terms and Conditions

1. Acceptance of Terms

By purchasing training services from Foster Elite Performance ("Foster Elite," "we," "us," or "our"), including session packages or monthly subscriptions as described in our training options and pricing materials (the "Services"), you ("Client," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not purchase or use our Services.

2. Services

Foster Elite Performance offers athletic training services as detailed in our pricing information, including:

• Session packages (single session, 3-session, 5-session, 10-session)

• Monthly subscription models ("Performance Plus" and "Performance Lite")

• Referral program ("Performance Partner Program")

We provide personalized training plans, nutrition guidance, and other related services as specified in the chosen package or subscription.

3. Client Obligations

• Accurate Information: Clients must provide accurate and complete information about their health, medical history, and any physical limitations.

• Health Warranty: Clients warrant that they are physically fit to participate in athletic training. Clients are advised to consult a physician before beginning any new training program.

• Following Instructions: Clients agree to follow all instructions provided by Foster Elite Performance trainers.

• Cancellation and Rescheduling: Clients agree to adhere to Foster Elite's cancellation and rescheduling policy, as communicated separately.

• Payment Responsibility: Clients are responsible for timely payment of all fees for Services purchased.

4. Payment and Fees

• Pricing: All prices for Services are as listed in our current pricing information and are subject to change.

• Payment Methods: We accept Apple Pay, PayPal, Credit/Debit (Visa, American Express, Mastercard, Discover),and Google Pay.

• Late Payment: Foster Elite reserves the right to charge late payment fees or suspend Services for accounts with outstanding balances.

• Refunds: Our refund policy is as follows: 8.1 Session Packages

  • Eligibility for Refund: Refunds for session packages may be considered under the following circumstances:

    • If Foster Elite Performance is unable to provide the agreed-upon training services due to trainer unavailability or other unforeseen circumstances.

    • If the client experiences a serious injury or medical condition that prevents them from participating in training, and this is verified by a medical professional's documentation.

  • Refund Amount:

    • If a refund is approved, the refund amount will be calculated based on the number of unused sessions in the package.

    • Used sessions will be charged at the single session rate ($90), and the remaining balance will be refunded.

    • Any discounts applied to the original package purchase will be forfeited.

  • Non-Refundable Situations:

    • Refunds will not be issued for unused sessions due to client's scheduling conflicts, lack of motivation, or change of mind.

    • Refunds will not be issued for sessions that have already been completed.

    • Refunds will not be issued for expired session packages.

  • Process for Requesting a Refund:

    • To request a refund, the client must submit a written request to Foster Elite Performance via email at mfoster@fosterelite.com.

    • The request must include the reason for the refund, supporting documentation (if applicable), and the original purchase receipt.

    • Foster Elite Performance will review the request and respond within fourteen (14) business days.

  • Refund Method:

    • If a refund is approved, it will be issued in the original form of payment, if possible.

    • If the original form of payment is unavailable, the refund will be issued via check or other mutually agreed-upon method.

  8.2 Monthly Subscriptions

  • "Performance Plus" and "Performance Lite"

    • Cancellation and Prorated Refunds:

      • Clients may cancel their monthly subscription at any time.

      • To avoid being charged for the next month, cancellation requests must be submitted seven (7) days before the next billing date.

      • Upon cancellation, refunds for the current month will be prorated based on the number of sessions already used. Used sessions will be calculated at a rate equivalent to the "Performance Lite" plan's per-session cost (Monthly cost / 8 sessions) for "Performance Plus" subscribers and at the "Performance Lite" plan's per-session cost for "Performance Lite" subscribers.

    • Non-Refundable Situations:

      • Refunds will not be issued for unused sessions within a month if the subscription is not canceled.

      • There will be no refunds for any included services that were not utilized by the client, such as nutrition guidance or online resources.

    • Process for Subscription Cancellation:

      • To cancel a monthly subscription, the client must submit a written request to Foster Elite Performance via email at mfoster@fosterelite.com.

      • The cancellation request must include the client's name and the effective date of cancellation.

    • Service Modification or Termination:

      • Foster Elite Performance reserves the right to modify or terminate the monthly subscription service. In such cases, clients will be notified in advance, and a prorated refund may be offered for any unused portion of the subscription.

  8.3 General Refund Conditions

  • Foster Elite Performance reserves the right to deny a refund request if it does not comply with this refund policy.

  • Any disputes regarding refunds will be handled on a case-by-case basis, and Foster Elite Performance's decision will be final.

  By purchasing our training services, you acknowledge that you have read, understood, and agree to this Refund Policy.

5. Term and Termination

• Subscription Term: Monthly subscriptions will continue until terminated by either party.

• Termination by Client: Clients may terminate their monthly subscription within fourteen(14) business days through written notice via email.

• Termination by Foster Elite: Foster Elite may terminate Services if a Client breaches these Terms, engages in inappropriate conduct, or for any other reasonable cause, within fourteen(14) business days, except in cases of emergency.

• Consequences of Termination: Upon termination, any outstanding fees become immediately due.

6. Limitation of Liability

• To the fullest extent permitted under Maryland law, Foster Elite Performance, its owners, employees, and contractors shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of our Services.

• This includes, but is not limited to, injuries sustained during training, except to the extent caused by Foster Elite's gross negligence or willful misconduct.

• Clients acknowledge the inherent risks of athletic training and assume personal responsibility for these risks.

7. Assumption of Risk and Waiver

• Clients acknowledge that athletic training involves risks of injury.

• Clients voluntarily assume all risks associated with participation in Foster Elite Performance Services.

• Clients agree to waive and release Foster Elite Performance from any liability for injuries or damages, except those resulting directly from Foster Elite's gross negligence or willful misconduct, to the extent permitted by Maryland law.

8. Intellectual Property

• All training plans, materials, and other intellectual property provided by Foster Elite Performance are owned by Foster Elite and are for the Client's personal use only.

• Clients may not reproduce, distribute, or share these materials without our written consent.

9. Privacy Policy

• Foster Elite Performance is committed to protecting Client privacy.

• Our collection, use, and disclosure of Client information are governed by our Privacy Policy (https://grey-mauve-kjzx.squarespace.com/privacy-policy), which complies with Maryland's privacy laws.

10. Referral Program

• The terms and conditions of the "Performance Partner Program" are as outlined in our current pricing and promotions materials.

• Foster Elite Performance reserves the right to modify or terminate the referral program at any time.

11. Governing Law

• These Terms shall be governed by and construed in accordance with the laws of the State of Maryland.

• Any disputes arising from or related to these Terms or our Services shall be resolved in the courts of competent jurisdiction in the State of Maryland, and where applicable, in Prince George's County.

12. Dispute Resolution

• Foster Elite Performance encourages clients to first attempt to resolve any disputes informally by contacting us directly.

13. Modifications to Terms

• Foster Elite Performance reserves the right to modify these Terms at any time.

• Clients will be notified of any material changes, and continued use of our Services constitutes acceptance of the revised Terms.

14. Severability

• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

• These Terms, together with any applicable service agreements or contracts, constitute the entire agreement between the Client and Foster Elite Performance.

16. Contact Information

Foster Elite Performance

Brookhaven Lane, Upper-Marlboro, MD

info@fosterelite.com

301-691-8380