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Terms of Service

Effective Date: 1/1/2025

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By using services provided by Toro Performance, LLC (“Company,” “we,” “our,” or “us”)—including but not limited to coaching, training programs, nutrition services, consultations, digital resources, and website use—you (“Client,” “Athlete,” or “you”) agree to the following Terms of Service (the “Agreement”). This Agreement is a binding legal contract. If you do not agree, you must not use our services.

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1. Medical Clearance

You represent and warrant that you have been cleared by a licensed medical doctor to engage in strenuous exercise, including maximal-effort training and athletic competition. You acknowledge that it is your sole responsibility to consult with a qualified physician before, during, and after participation in any training program.

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2. Assumption of Risk

You acknowledge and voluntarily accept all risks inherent in endurance training and competition, including but not limited to: swimming (pool or open water), cycling on open roads, running (road or trail), strength training, environmental hazards, equipment malfunction, and the physical demands of high-volume training. You understand that these activities carry risks of serious injury, permanent disability, or death.

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3. Release of Liability

To the fullest extent permitted by Arizona law, you release, discharge, and hold harmless Toro Performance, LLC, its owners, directors, officers, employees, contractors, affiliates, and agents (“Released Parties”) from any and all claims, demands, causes of action, damages, losses, costs, or liabilities (including those arising from negligence) resulting from your participation in our services, except to the extent caused by gross negligence or intentional misconduct.

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4. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, losses, damages, or expenses (including attorney’s fees) arising from or related to:

  • Your participation in any training, event, or activity;

  • Your violation of this Agreement; or

  • Your sharing, misuse, or unauthorized distribution of Company intellectual property.

 

5. Intellectual Property

All training plans, workouts, coaching communications, educational materials, and digital content provided by Toro Performance, LLC are and remain the sole intellectual property of the Company. You receive a limited, non-transferable license to use such materials solely for personal training purposes while under contract. Copying, sharing, reselling, or distributing such materials without express written consent from Toro Performance, LLC is strictly prohibited.

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6. Payments, Commitments, and Late Fees

  • Commitment: A minimum four (4) month commitment is required for coaching services.

  • Cancellation: Thirty (30) days’ written notice is required to cancel coaching services. If you fail to provide such notice, you remain responsible for one additional month’s payment.

  • Late Fees: Payments not received by the due date are subject to a late fee of 10% of the overdue balance.

 

7. No Guarantee of Results

You acknowledge that endurance training outcomes vary depending on individual effort, genetics, health, and external factors. Toro Performance, LLC makes no guarantees, representations, or warranties, express or implied, regarding performance improvements, race outcomes, or specific results.

 

8. Governing Law & Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the State of Arizona. Any disputes shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona.

 

9. Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

 

10. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, written or oral. No amendment shall be valid unless made in writing and signed by both parties.

 

11. Attorney’s Fees

In any dispute arising from this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

 

12. Headings

Headings are for convenience only and do not affect interpretation of this Agreement.

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