1.  Definitions

In these Terms, the following capitalized terms have the meanings set out below:

“Services” means all products, programs, content, coaching, training, and advisory services offered or provided by Summit Sports Performance, including Performance Services and Advisory Services, whether delivered in person, remotely, or on a hybrid basis.

“Performance Services” means athletic training, strength and conditioning, skill development, assessments, and related coaching for baseball and golf, including in-person, remote, and hybrid coaching programs.

“Advisory Services” means recruiting strategy, college and program targeting, outreach guidance, scholarship education, and name, image, and likeness (“NIL”) educational and informational services.

“Client” means the individual who purchases or uses the Services and, where that individual is a Minor, includes the Parent/Guardian who accepts these Terms on the Minor's behalf.

“Minor” means any individual under the age of eighteen (18).

“Parent/Guardian” means the parent or legal guardian of a Minor.

“Content” means any programming, methodologies, materials, documents, videos, assessments, plans, recommendations, and other information provided by Summit Sports Performance.

2.  Acceptance of Terms

By accessing our website, purchasing a program, or using any Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with any supplemental terms, policies, program descriptions, or order forms referenced in or linked to these Terms, all of which are incorporated by reference.

These Terms apply to all users of the website and Services, including browsers, customers, clients, parents and guardians, and contributors of content. If any provision of these Terms is treated as an offer, acceptance is expressly limited to these Terms. Your continued use of the website or Services following the posting of any changes constitutes acceptance of those changes.

3.  Eligibility and Authority to Contract

You must be at least eighteen (18) years of age and able to form a legally binding contract to purchase Services in your own name. A Minor may use the Services only with the consent and supervision of a Parent/Guardian who agrees to these Terms.

If you accept these Terms on behalf of a Minor or another person, you represent and warrant that you have full legal authority to bind that person to these Terms, and you agree to be jointly and individually responsible for all obligations under these Terms, including payment and indemnification obligations.

You represent that all information you provide to Summit Sports Performance is accurate, current, and complete, and you agree to keep it updated.

4.  Description of Services

Summit Sports Performance provides athletic performance coaching and related advisory services. Depending on the program purchased, Services may include Performance Services (such as training, strength and conditioning, skill development, and assessments for baseball and golf) and Advisory Services (such as recruiting strategy, scholarship education, and NIL education).

The specific scope, duration, deliverables, and price of the Services are described in the applicable program description, order form, or written agreement between you and Summit Sports Performance. We may modify, add, or discontinue features of the Services from time to time. Nothing on our website or in our marketing constitutes a guarantee of any particular result.

5.  Recruiting, Scholarship, and NIL Advisory Services — Scope and Limitations

This Section governs any Advisory Services. You expressly acknowledge and agree to each of the following:

(a)  Educational and Advisory Only. Advisory Services are informational, educational, and strategic in nature. Summit Sports Performance provides recommendations, frameworks, target school lists, outreach strategies, templates, and educational guidance only. You alone decide whether and how to act on any information provided, and you are solely responsible for executing all outreach, communications, applications, and decisions in your own name.

(b)  No Guarantee of Outcomes. Summit Sports Performance does not guarantee, promise, warrant, or represent that you will receive any athletic scholarship, roster spot, financial aid, admission, recruiting interest, tryout, NIL opportunity, NIL compensation, or any other result. Recruiting and NIL outcomes depend on many factors outside our control, including your athletic performance, academic standing, the independent decisions of coaches, schools, conferences, collectives, and sponsors, market conditions, and your own diligence in acting on our recommendations. Any examples, case studies, or testimonials reflect individual experiences and are not a prediction or guarantee of your results.

(c)  Not an Athlete Agent. Summit Sports Performance is not an athlete agent and does not act as an athlete agent within the meaning of the Virginia Revised Uniform Athlete Agents Act or any comparable law of any other state. We do not and will not: (i) represent you in any negotiation with any college, university, professional team, sponsor, collective, or other party; (ii) solicit, negotiate, or enter into any contract on your behalf; (iii) recruit or solicit you to enter into an agency contract; or (iv) procure, offer, attempt, or negotiate to obtain employment, a roster position, or compensation for you as an athlete. You retain sole authority and responsibility for all communications and negotiations.

(d)  NIL Advisory Limitations. Any NIL-related information is general and educational. Summit Sports Performance does not negotiate, broker, solicit, place, or secure NIL deals on your behalf and does not act as an NIL agent, marketing agent, brand, or collective. NIL laws and rules of the NCAA, NAIA, NJCAA, state high school associations, conferences, and individual institutions vary by jurisdiction and change frequently. You are solely responsible for ensuring that any NIL activity complies with all applicable federal, state, athletic-association, conference, and institutional rules.

(e)  Not Legal, Financial, Tax, or Compliance Advice. Summit Sports Performance and its representatives are not attorneys, financial advisors, tax professionals, or athletics compliance officers, and nothing we provide constitutes legal, financial, tax, accounting, eligibility, or compliance advice. Before signing any agreement or taking any action with legal, financial, tax, or eligibility consequences, you should consult appropriately licensed professionals and your institution's athletics compliance office.

(f)  Eligibility Is Your Responsibility. You are solely responsible for understanding and preserving your own athletic eligibility under all applicable NCAA, NAIA, NJCAA, state high school association, conference, and institutional rules. You acknowledge that the rules governing recruiting, amateurism, NIL, and agent relationships are complex and change frequently, and that you must independently verify the eligibility implications of any action before taking it. Summit Sports Performance shall not be liable for any loss of eligibility, sanction, suspension, or penalty.

(g)  Accuracy of Your Information. Advisory Services rely on information you provide, including athletic metrics, academic records, video, references, and goals. You are responsible for the accuracy and completeness of that information. Summit Sports Performance is not responsible for recommendations or outcomes based on inaccurate, incomplete, or outdated information you supply.

(h)  Third-Party Decisions and Materials. Recommendations may reference third parties (such as schools, camps, services, or platforms). We do not control and are not responsible for the acts, omissions, decisions, fees, or content of any third party, and a reference is not an endorsement or guarantee.

6.  Health, Safety, and Assumption of Risk

6.1  Voluntary Participation and Release. Your participation in any Performance Services is voluntary, and you may withdraw at any time, subject to your continuing payment obligations. To the fullest extent permitted by law, you, on behalf of yourself, your heirs, legal representatives, and assigns, release, waive, and discharge Summit Sports Performance and its members, managers, officers, employees, contractors, and agents from any and all claims, liabilities, and demands arising out of or relating to your participation in the Performance Services, except to the extent caused by our gross negligence or willful misconduct or as otherwise prohibited by law.

6.2  Inherent Risks. You acknowledge that athletic training and activity, including baseball and golf activities such as high-velocity throwing and hitting, strength and conditioning, and conditioning drills, carry inherent risks of injury, including muscle strains, ligament sprains, and more serious injury. Proper instruction, programming, rest, mechanics, and gradual progression can reduce but cannot eliminate these risks, and injury reduction is not guaranteed. Muscle soreness when beginning a strength and conditioning program is common.

6.3  Assumption of Risk. Knowing and understanding these inherent risks, you voluntarily assume all risk of injury, loss, or damage arising from your participation in the Services, whether the risk is known or unknown, anticipated or unanticipated.

6.4  Medical Condition Representation. You represent that you have no known medical condition that would prevent your safe participation in the Services and that all medical and physical information you have provided is accurate to the best of your knowledge. You agree to consult a physician before beginning any new fitness or training regimen.

6.5  Notification of Injury. If you experience injury, pain, or discomfort during or outside of program execution, it is your responsibility to promptly notify your coach so that appropriate adjustments can be made. Summit Sports Performance will not provide medical treatment or pay medical or other expenses, and you are responsible for all such costs through your own means or insurance.

7.  Medical Disclaimer

The Services provide health and fitness information for educational purposes only and are not a substitute for, and do not constitute, professional medical advice, diagnosis, or treatment. Always consult your physician or another qualified health professional before beginning any fitness program and with any questions about a medical condition. Do not disregard, avoid, or delay obtaining medical advice because of information provided through the Services. Your use of such information is at your own risk.

8.  Nutrition Disclaimer

Summit Sports Performance and its representatives are not registered dietitians or licensed nutritionists. Any nutrition or dietary information provided is for general informational and educational purposes only and is not a substitute for professional medical or dietary advice. Any decision to follow nutrition or dietary recommendations is made voluntarily and at your own discretion and risk, and Summit Sports Performance shall not be liable for any consequences arising from your reliance on such information. You are strongly encouraged to consult a registered dietitian, nutritionist, or qualified healthcare professional before making dietary changes. By using the Services, you waive any claims against Summit Sports Performance relating to nutritional information provided.

9.  Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN A SIGNED WRITTEN AGREEMENT, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, SUMMIT SPORTS PERFORMANCE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL PRODUCE ANY PARTICULAR ATHLETIC, RECRUITING, SCHOLARSHIP, NIL, OR OTHER RESULT. We do not warrant that the Services will be uninterrupted, error-free, or that any information provided is complete or current. No advice or information, whether oral or written, creates any warranty not expressly stated in these Terms.

10.  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUMMIT SPORTS PERFORMANCE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS (THE “SUMMIT PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST OPPORTUNITIES, LOST SCHOLARSHIPS OR FINANCIAL AID, LOST NIL COMPENSATION, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF A SUMMIT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE SUMMIT PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO SUMMIT SPORTS PERFORMANCE FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

11.  Indemnification

You agree to defend, indemnify, and hold harmless the Summit Parties from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party, including any NCAA, NAIA, NJCAA, conference, institutional, or athletic-association rule; (d) any action you take in connection with recruiting, scholarship, admissions, or NIL matters; and (e) your negligence or willful misconduct. Where the Client is a Minor, the Parent/Guardian agrees to these indemnification obligations on the Minor's behalf and in their own individual capacity. This Section survives termination of these Terms.

12.  Billing and Payment

You agree to pay all fees for the Services according to the pricing and payment schedule agreed upon at purchase. You authorize Summit Sports Performance (and its third-party payment processors) to charge your designated payment method for all amounts due, including recurring charges where applicable, until your obligations are satisfied or the program is properly terminated under these Terms. Non-payment may result in suspension of access, legal action, or referral to collections, and you will be responsible for associated costs as described below.

13.  Refunds, Money-Back Guarantee, Third-Party Processors, and Chargebacks

13.1  Money-Back Guarantee. Summit Sports Performance offers a money-back guarantee for a 5-point improvement within three (3) months of the first training cycle, available only for hybrid or remote coaching services and subject to all of the following conditions: (a) completion of both the initial and follow-up assessment in full within the specified time frame; (b) at least 90% attendance at weekly check-in meetings; (c) at least 90% completion of workouts assigned by the trainer; and (d) no lapse in communication of more than ten (10) consecutive days. If a guarantee claim is approved, the amount may be applied as a credit toward future training programs; for annual enrollments, the pro-rated three-month amount will be refunded. Approved refunds are processed within thirty (30) days of approval.

13.2  Third-Party Payment Processors. If a third-party payment vendor processes your payment, you acknowledge that Summit Sports Performance cannot alter the terms between you and that vendor. Where a third-party vendor is used, refunds are not issued directly by Summit Sports Performance, and any billing dispute or refund request must be directed to and resolved through that vendor's dispute-resolution process.

13.3  Chargebacks. You agree to contact Summit Sports Performance to attempt to resolve any billing concern before initiating a chargeback or payment dispute. Initiating a chargeback for services rendered, or for amounts properly owed under these Terms, is a breach of these Terms. We reserve the right to dispute any improper chargeback, to suspend Services, and to recover the disputed amount together with any associated fees and reasonable costs of collection.

13.4  Other Refunds. Except as expressly provided in these Terms or required by law, all fees are non-refundable.

14.  Scheduling, Sessions, and No-Show Policy

Sessions must be scheduled and attended in accordance with the program purchased. Unless otherwise stated in your program description, sessions canceled with less than twenty-four (24) hours' notice, and sessions missed without notice (“no-shows”), may be forfeited without refund or make-up. Summit Sports Performance will make reasonable efforts to reschedule sessions canceled with adequate notice, subject to availability. Coach-initiated cancellations will be rescheduled or credited.

15.  Client Pausing Policy

Clients are expected to maintain an active membership unless a valid reason for pausing is provided. Accommodations may be made for members unable to participate in physical activity for valid medical reasons supported by a doctor's note. Requests to pause must be submitted in writing to the management team and are subject to approval by Summit Sports Performance. During an approved pause, the Client will not receive program materials or benefits.

16.  Overdue Invoices and Suspension of Access

A seven (7) day grace period applies to overdue invoices, measured from the original due date. If payment remains overdue after the grace period, program access may be temporarily suspended until the outstanding balance is paid. Time lost due to suspension for non-payment will not be compensated or made up. If you are enrolled in a hybrid program, you forfeit any monthly sessions included in the program during the unpaid period.

17.  Early Termination by Client

If you wish to cancel a membership before the end of the agreed term, you must notify a Summit Sports Performance staff member in writing, and you will be required to pay seventy-five percent (75%) of the remaining balance of the membership fee within thirty (30) days of cancellation. If you are enrolled in a hybrid program, you forfeit all in-person training sessions effective the date of cancellation. This Section applies only to hybrid or remote coaching services.

18.  Overdue Payment Collection

Summit Sports Performance will make up to three (3) attempts to collect an overdue payment using the contact information you provide. If payment remains unpaid after three (3) attempts and ninety (90) days have elapsed, the outstanding balance may be referred to a collections agency. You are responsible for any fees or costs incurred in the collection process, including reasonable attorneys' fees and collection-agency fees to the extent permitted by law.

19.  Termination or Refusal of Service by Summit

Summit Sports Performance may suspend or terminate your access to the Services, refuse service, or decline to renew, at any time, with or without cause, including for non-payment, breach of these Terms, abusive or unsafe conduct, or conduct that may harm Summit Sports Performance, its staff, or other clients. Where termination is for cause attributable to you, fees already paid are non-refundable and amounts owed remain due. Provisions that by their nature should survive termination will survive, including Sections 5, 6, 9, 10, 11, 13, 24, 25, 29, 30, and 31.

20.  Communication Policy and Consent to Contact

20.1  Designated Channels. Effective communication is essential to your progress. Primary communication occurs through designated channels such as Slack, email, and scheduled Zoom calls. While trainers may respond to phone calls or text messages, they are not obligated to respond to communications outside the designated channels. If you fail to communicate with your assigned trainer for thirty (30) consecutive days, program adjustments will pause during that period; your trainer will make up to three (3) attempts to reach you, after which it becomes your responsibility to reinitiate communication.

20.2  Consent to Contact. By providing a telephone number or email address, you consent to receive communications from Summit Sports Performance regarding scheduling, programming, billing, and other service-related matters, including by phone, text message, and email. Where you separately opt in, you may also receive promotional messages. Message and data rates may apply. You may opt out of non-essential or promotional messages at any time by replying STOP or by contacting us. Consent to promotional messaging is not a condition of purchasing the Services.

21.  Code of Conduct

You agree to conduct yourself respectfully and safely in connection with the Services, to follow reasonable instructions and safety guidance from Summit Sports Performance staff, and to refrain from harassing, abusive, discriminatory, threatening, or unsafe behavior toward staff, other clients, or third parties. You agree not to misuse the Services or use them for any unlawful purpose. Violation of this Section may result in immediate suspension or termination without refund.

22.  Minors; Parental and Guardian Consent and Involvement

A Minor may use the Services only with the explicit consent of a Parent/Guardian. By allowing a Minor to access and use the Services, the Parent/Guardian agrees to these Terms on the Minor's behalf and in their own individual capacity, and assumes full responsibility for monitoring the Minor's participation and ensuring it complies with these Terms, including any liability or consequence arising from the Minor's misuse of the Services or violation of these Terms.

Open communication with both the Client and the Parent/Guardian is encouraged. Parents and guardians may access training documents upon request. Please direct parental communication through email.

23.  Image, Likeness, and Promotional Release

You grant Summit Sports Performance permission to use your image, likeness, and voice in recorded audio or video format, without compensation, in educational and promotional settings, without geographic or time limitation. You agree to provide, within reason, testimonials, stories about your experience, and other promotional content about your training experience when requested. This Section concerns Summit Sports Performance's own marketing only and is separate from, and does not constitute, any NIL representation or service. For a Minor, the Parent/Guardian grants this permission on the Minor's behalf, and either you or the Parent/Guardian may withdraw consent for future use by written notice.

24.  Confidentiality and Non-Disclosure of Programming

The programming, methodologies, assessments, and associated materials provided by Summit Sports Performance are proprietary, constitute valuable trade secrets and confidential information, and are provided for your personal use only. You agree not to publish, display, share, distribute, resell, or otherwise make the Content available, in whole or in part, on any platform, including social media, blogs, or websites, or to any third party, except as necessary for your own permitted use. Unauthorized disclosure may result in immediate termination of Services and legal action, including injunctive relief.

25.  Intellectual Property and Third-Party Content

All Content, trademarks, logos, and other materials provided through the website and Services are owned by or licensed to Summit Sports Performance and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Content solely for your personal, non-commercial use in connection with the Services. You may not copy, modify, distribute, sell, or create derivative works from the Content without our prior written consent. Third-party content remains the property of its respective owners, and you agree to use it only as permitted. To report claimed infringement, contact us using the information below.

26.  Gifted Materials

Any materials or products received as gifts from Summit Sports Performance are not eligible for return under any circumstances and are subject solely to the warranty terms of their respective manufacturers. For any concern, defect, or issue with gifted materials, you agree to contact the manufacturer directly. Summit Sports Performance makes no representations or warranties regarding gifted materials and bears no responsibility for issues arising after receipt.

27.  Data Collection, Privacy, and Electronic Records

By using the Services, you consent to the collection, storage, and use of personal and training-related data as described in our privacy practices, including for the purpose of delivering and improving the Services. We may share data with service providers and partners as reasonably necessary to operate the Services. We will not sell your personal information in a manner prohibited by applicable law.

For Minors, the Parent/Guardian consents to the collection and use of the Minor's information as described in these Terms. We do not knowingly collect personal information from children under the age of thirteen (13) without verifiable parental consent.

You consent to receive these Terms and other notices, agreements, and records in electronic form, and you agree that your electronic acceptance (including by checking a box, clicking “agree,” signing electronically, or paying for Services) has the same legal effect as a handwritten signature.

28.  Relationship of the Parties

Summit Sports Performance is an independent contractor. Nothing in these Terms creates any partnership, joint venture, agency, employment, fiduciary, or athlete-agent relationship between you and Summit Sports Performance. Neither party has authority to bind the other, and Summit Sports Performance does not act as your representative or agent for any purpose.

29.  Dispute Resolution; Arbitration; Class Action and Jury Trial Waiver

29.1  Informal Resolution. Before initiating arbitration, the parties agree to first attempt to resolve any dispute informally by contacting each other in writing and negotiating in good faith for at least thirty (30) days.

29.2  Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules then in effect (including the Consumer Arbitration Rules where they apply), before a single neutral arbitrator selected in accordance with those rules. The arbitration shall take place in Montgomery County, Virginia, or, at the Client's election, by videoconference or telephone. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator shall have authority to resolve disputes over the interpretation or enforceability of this arbitration provision, except that a court shall decide the enforceability of the Class Action Waiver below.

29.3  Class Action Waiver. The parties agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.

29.4  Jury Trial Waiver. To the extent any claim proceeds in court rather than arbitration, each party knowingly and voluntarily waives any right to a trial by jury.

29.5  Exceptions. Notwithstanding the foregoing, either party may bring an individual claim in small claims court, and Summit Sports Performance may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

29.6  Right to Opt Out. You may opt out of this arbitration provision (Sections 29.2 through 29.4) by sending written notice to Summit Sports Performance within thirty (30) days after you first accept these Terms, stating your name and intent to opt out. Opting out will not affect any other provision of these Terms.

30.  Governing Law and Venue

These Terms, and any dispute arising out of or relating to them or the Services, are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. Subject to Section 29, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Montgomery County, Virginia.

31.  General Provisions

31.1  Entire Agreement. These Terms, together with any program description, order form, or written agreement signed by the parties, constitute the entire agreement between you and Summit Sports Performance regarding the Services and supersede all prior or contemporaneous understandings on that subject. In the event of a direct conflict, a signed written agreement between the parties controls over these Terms.

31.2  Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect.

31.3  No Waiver. No failure or delay by Summit Sports Performance in exercising any right under these Terms operates as a waiver of that right, and no single or partial exercise of any right precludes any further exercise.

31.4  Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Summit Sports Performance may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms bind and benefit the parties and their permitted successors and assigns.

31.5  Force Majeure. Summit Sports Performance is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, illness, epidemic or pandemic, government action, utility or facility failures, labor disputes, or interruptions of internet or third-party services.

31.6  Survival. Provisions that by their nature should survive termination or expiration of these Terms will survive, including Sections 5, 6, 9, 10, 11, 13, 24, 25, 28, 29, 30, and 31.

31.7  Headings; Construction. Headings are for convenience only and do not affect interpretation. The words “include” and “including” are not limiting. These Terms will not be construed against the drafting party.

31.8  Notices. Notices to Summit Sports Performance must be sent in writing to the contact information below. Notices to you may be provided by email or through the designated communication channels.

32.  Modifications to Terms and Pricing

Summit Sports Performance reserves the right to update, modify, or replace any part of these Terms by posting the revised Terms on our website, and to change pricing for future purchases. It is your responsibility to review these Terms periodically. Your continued use of the website or Services after changes are posted constitutes acceptance of the revised Terms. Changes do not apply retroactively to a dispute of which we have actual notice on the date of the change.

33.  Acknowledgment and Acceptance

By paying for the Services and continuing to use them, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the assumption of risk, disclaimers, limitation of liability, indemnification, and arbitration provisions. If you have any questions, please contact us before purchasing.