Terms of Service
Last Updated: August 8, 2026
1. Acceptance of Terms
By accessing and using the Performance Rhythm website (performancerhythm.com) and participating in any of our workshops, programs, coaching sessions, or other services (collectively, "Services"), you agree to be bound by these Terms of Service ("Terms").
If you do not agree with any part of these Terms, you may not use our Services. Your continued use of our Services constitutes your acceptance of these Terms and any updates made to them.
Performance Rhythm reserves the right to modify these Terms at any time. Changes will be posted on our website with an updated "Last Updated" date. Your continued use of our Services after such changes constitutes acceptance of the revised Terms.
2. Use of Services
2.1 Eligible Users
Our Services are intended for adults 18 years of age or older. By using our Services, you represent and warrant that you are at least 18 years old and legally capable of entering into binding agreements.
2.2 Prohibited Uses
You agree not to use our Services in any manner that:
• Violates any applicable law, regulation, or third-party right
• Harasses, threatens, intimidates, or harms others
• Impersonates any person or entity or falsifies your affiliation with a person or entity
• Transmits viruses, malware, or any code of destructive nature
• Interferes with or disrupts the integrity or performance of our website or Services
• Engages in unauthorized access to our systems or networks
• Collects or attempts to collect personal information about others without consent
• Engages in any form of spam, unsolicited marketing, or commercial activity
2.3 Responsible Use
You are responsible for maintaining the confidentiality of any login credentials or account information you create. You agree to use our Services only for lawful purposes and in ways that do not infringe upon the rights of others or restrict their use and enjoyment of the Services.
3. Workshops, Programs & Services
3.1 Nature of Services
Performance Rhythm offers workshops, leadership programs, coaching sessions, and other human development services focused on nervous system regulation, resilience, and sustainable performance. Our Services are educational and developmental in nature, not medical, therapeutic, or clinical treatment.
Our workshops and programs are designed to complement, not replace, professional mental health treatment, medical care, or therapy. Participants with significant mental health concerns should consult with qualified healthcare professionals.
3.2 Participant Conduct
Workshop and program participants agree to:
• Treat all facilitators and fellow participants with respect
• Follow the instructions of Performance Rhythm facilitators
• Disclose any medical conditions or limitations that may affect your ability to participate safely
• Refrain from disruptive behavior that compromises the experience for others
• Maintain confidentiality of personal information shared by other participants
3.3 Health & Safety Disclaimers
Breathing exercises, movement practices, and meditation may not be appropriate for all participants. If you have respiratory conditions, cardiovascular issues, pregnancy-related concerns, or other health considerations, please consult with your healthcare provider before participating and inform Performance Rhythm facilitators.
Performance Rhythm is not responsible for adverse reactions to breathing exercises, meditation, movement, or other practices. You participate at your own risk and are solely responsible for assessing your own physical and mental health readiness.
If you experience dizziness, chest pain, difficulty breathing, or other concerning symptoms during a session, stop immediately and seek medical attention if necessary.
3.4 Cancellation & Refund Policy
Cancellations must be made at least 48 hours prior to the scheduled workshop or session. Cancellations made within 48 hours of the scheduled time are not eligible for refunds or credits.
If Performance Rhythm cancels a workshop or session, registered participants will receive a full refund or credit toward a future session.
Refunds are processed within 14 business days of cancellation.
4. Intellectual Property
All content on the Performance Rhythm website, including text, graphics, logos, images, videos, and other materials ("Content"), is owned by or licensed to Performance Rhythm and is protected by copyright, trademark, and other intellectual property laws.
You may view and print Content for personal, non-commercial use only. You may not reproduce, distribute, modify, adapt, translate, or create derivative works from our Content without written permission from Performance Rhythm.
Performance Rhythm grants workshop and program participants limited permission to use materials provided during sessions for personal development purposes only. Any other use, including commercial use, distribution, or republication, is strictly prohibited without written consent.
5. Disclaimers & Limitations of Liability
5.1 As-Is Disclaimer
Our website and Services are provided "as is" and "as available" without warranties of any kind, either express or implied. Performance Rhythm disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
Performance Rhythm does not warrant that our Services will be uninterrupted, error-free, secure, or that defects will be corrected.
5.2 No Guarantee of Results
While we are committed to providing high-quality programming, Performance Rhythm does not guarantee specific outcomes or results from participation in workshops or programs. Individual results vary based on personal commitment, prior experience, individual circumstances, and many other factors beyond our control.
Success in applying nervous system regulation and resilience practices depends on your individual engagement and implementation.
5.3 Limitation of Liability
To the extent permitted by law, Performance Rhythm shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use, arising from or related to your use of our website or Services, even if advised of the possibility of such damages.
Our total liability for any claim arising from or related to these Terms or our Services shall not exceed the amount you paid to Performance Rhythm in the 12 months preceding the claim.
6. Indemnification
You agree to indemnify, defend, and hold harmless Performance Rhythm, its officers, directors, employees, agents, and service providers from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from or related to:
• Your use of our website or Services
• Your violation of these Terms
• Your violation of any applicable law or third-party right
• Your participation in our workshops or programs
• Any content you provide or actions you take using our Services
7. Third-Party Links & Services
Our website may contain links to third-party websites and services, including cal.com for scheduling. Performance Rhythm does not endorse, control, or assume responsibility for third-party services.
Your use of third-party services is governed by their terms and privacy policies. Performance Rhythm is not liable for any content, services, or actions of third parties.
8. User Content & Feedback
If you provide any feedback, suggestions, ideas, or other content to Performance Rhythm ("User Content"), you grant Performance Rhythm a non-exclusive, royalty-free, perpetual license to use, modify, and distribute that content for any purpose without compensation or attribution.
You are solely responsible for any User Content you provide and warrant that it does not violate any third-party rights or applicable laws.
9. Confidentiality
We recognize that discussions and reflections shared during workshops and programs may be sensitive. Participants agree to maintain the confidentiality of personal information shared by other participants.
However, Performance Rhythm may aggregate and de-identify feedback and outcome data for research, program improvement, and marketing purposes.
10. Payment & Billing
If you purchase a workshop or program through our website, you agree to pay all charges in full. Payment must be made through the methods we accept (credit card, bank transfer, etc.).
You are responsible for providing accurate billing information. Performance Rhythm reserves the right to suspend or cancel services if payment is not received.
All prices are subject to change without notice. Billing inquiries should be directed to shane@performancerhythm.com.
11. Termination
Performance Rhythm reserves the right to terminate your access to our website and Services at any time, without notice or cause, if we believe you have violated these Terms or any applicable law.
Upon termination, your right to use our Services ceases immediately. Sections of these Terms that survive termination include Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.
12. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.
Any dispute arising from or related to these Terms or our Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA). The arbitration shall be conducted in Salt Lake City, Utah, and governed by the AAA Commercial Arbitration Rules.
By agreeing to these Terms, you waive any right to trial by jury or to participate in a class action lawsuit.
13. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Performance Rhythm regarding your use of our website and Services. These Terms supersede any prior agreements or understandings.
14. Contact Us
If you have questions about these Terms of Service, please contact us:
Email: shane@performancerhythm.com
Phone: 801-673-7395
We will respond to your inquiry within 30 days.
These Terms of Service are effective as of August 8, 2026. Performance Rhythm is committed to maintaining clear and fair terms that protect both our organization and the participants who trust us with their development.