Terms and Conditions
Last Updated: [9/09/2024]
Welcome to Shuman Performance! These terms and conditions outline the rules and regulations for the use of Shuman Performance's website, services, and products.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use the Shuman Performance website if you do not agree to all the terms and conditions stated on this page.
1. DEFINITIONS
- "Company," "We," "Us," or "Our" refers to Shuman Performance.
- "User," "You," or "Your" refers to the individual accessing or using the website, services, or products provided by Shuman Performance.
2. USE OF OUR SERVICES
By using our website, services, or products, you agree to the following:
- You are at least 18 years of age or have obtained the consent of a legal guardian.
- You will use our services solely for lawful purposes and in accordance with these Terms and Conditions.
- You will not use our website in any way that may damage, disable, or impair it, or interfere with any other party's use of the website.
3. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, Shuman Performance owns the intellectual property rights for all materials on the website, including but not limited to text, graphics, logos, images, videos, and downloadable materials. All intellectual property rights are reserved.
You may view and/or print pages from www.shumanperformance.com for your personal use, subject to restrictions set in these terms and conditions.
You must not:
- Republish material from www.shumanperformance.com
- Sell, rent, or sub-license material from www.shumanperformance.com
- Reproduce, duplicate, or copy material from www.shumanperformance.com
- Redistribute content from Shuman Performance (unless content is specifically made for redistribution)
4. USER ACCOUNTS
To access certain features of the website or services, you may need to create a user account. When creating an account, you agree to:
- Provide accurate and current information.
- Maintain the confidentiality of your login credentials.
- Be responsible for all activities under your account.
Shuman Performance reserves the right to suspend or terminate your account for any violation of these terms.
5. PAYMENT TERMS
Shuman Performance offers various services, which may require payment. By purchasing services from us, you agree to the following:
- All payments are final and non-refundable unless stated otherwise in our cancellation policy.
- Payment information must be accurate, and you are responsible for any fees or charges associated with your purchases.
- Upon the purchase of the initial evaluation, the customer agrees to an automatic payment obligation for the first month of training. This payment will be processed without further consent, and the customer acknowledges and accepts this binding commitment.
- For monthly billing, associated costs are agreed to in writing. 10 Dyas before the biginning of each month, the client may contact ownership to cancel the upcoming month.
6. CANCELLATION AND REFUND POLICY
Zero Refund Policy for Remote Services
At Shuman Performance, we are dedicated to delivering high-quality coaching and training through our remote services, designed to help athletes maximize their potential. Due to the unique nature of these offerings and the personalized attention each athlete receives, we operate under a strict Zero Refund Policy for all remote services.
This policy applies to all remote services, including but not limited to:
- Remote coaching sessions
- Strength and conditioning programs (Advanced and Elite)
- Remote video analysis and feedback sessions
- Remote body evaluations and recovery consultations
By purchasing any remote service from Shuman Performance, you acknowledge and agree to the following:
- No Refunds: All sales of remote services are final. No refunds will be issued under any circumstances, including changes in personal circumstances, dissatisfaction with the service, or failure to complete the program.
- Service Transfers: In the event you are unable to utilize a purchased remote service, Shuman Performance may, at its sole discretion, allow the transfer of the service to another athlete. Any transfer must be approved in writing and will be subject to availability and suitability.
- Cancellations and Rescheduling: While refunds are not available, we aim to accommodate scheduling changes where possible. Cancellations or rescheduling of remote sessions must be requested at least 24 hours in advance to avoid forfeiture. Rescheduling is subject to availability.
- Commitment to Results: We are committed to helping athletes achieve their goals. However, success is contingent on the athlete’s commitment, effort, and adherence to the program. Therefore, Shuman Performance does not guarantee specific results.
7. DISCLAIMER OF WARRANTIES
Shuman Performance provides services on an "as is" and "as available" basis. We do not guarantee that our services will be uninterrupted, timely, secure, or error-free.
To the fullest extent permitted by law, Shuman Performance disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. LIMITATION OF LIABILITY
In no event shall Shuman Performance be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or other intangible losses arising out of or related to your use of our website or services.
Our total liability for any claim arising out of or relating to these terms or our services will not exceed the amount paid by you to Shuman Performance in the 12 months preceding the claim.
9. INDEMNIFICATION
You agree to indemnify and hold Shuman Performance, its affiliates, officers, agents, and employees harmless from any claims, losses, damages, liabilities, costs, or expenses (including legal fees) arising from:
- Your violation of these Terms and Conditions
- Your use of the website or services
- Any content or data provided by you
10. CHANGES TO THESE TERMS
Shuman Performance reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting to our website. You will be notified of any significant changes via email or through other direct communication methods we have on file.
Your continued use of Shuman Performance’s website or services after such changes have been posted and after notification has been sent will constitute your acceptance of the new terms. If you do not agree to the revised Terms and Conditions, you must discontinue use of our services and website immediately.
11. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia and the United States, without regard to its conflict of law provisions. In the event of any dispute arising under or in connection with these Terms and Conditions, the laws of Georgia will apply, and you agree to submit to the exclusive jurisdiction of the courts located in Georgia, United States.
12. MEDICAL DISCLAIMER
Please consult with a healthcare professional before starting any new physical activity programs, including those provided by Shuman Performance. If you have any injuries, health conditions, or other physical limitations, it is important to inform your coach/instructor before participating in any program at Shuman Performance.
The information provided on this website or throughout any of our programs, including nutritional recommendations, is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare professionals with any questions you may have regarding a medical condition.
Any physical activity programs involve risks, and individual results may vary. By participating in any of our programs, you acknowledge that you are doing so at your own risk and release Shuman Performance from any and all liabilities arising from your participation. If you feel uncomfortable or unsafe at any time during your participation, please inform your coach/instructor and stop the activity immediately.
By continuing with any of our programs, you are acknowledging that you understand and accept the terms of this disclaimer. Your participation is voluntary and at your own risk.
13. CONTACT US
If you have any questions about these Terms and Conditions, please contact us at:
Shuman Performance
scott@shumanperformance.com
Where elite remote training meets proven results. Under the guidance of Scott Shuman, a seasoned pitcher with a rich history in MLB organizations, we provide comprehensive remote pitching instruction to enhance velocity, command, and overall performance. Join us to take your pitching game to the next level.