PODIUM ATHLETICS

Owned and Operated by:
Anthony “Tony” Sommers
Legal Name: Anthony Sommers

Business Address:
387 W I St,
Encinitas, CA 92024

Contact Information:
Email: Toncafitness@gmail.com
Phone: (760) 672-4519

TERMS AND CONDITIONS

Last Updated: 04/06/2025

These Terms and Conditions (“Terms”) govern your access to and use of the website(s), platform(s), programs, classes, and other services (“Services”) provided by Podium Athletics (“Company,” “we,” “us,” or “our”). By accessing or using any of our Services, you (“User,” “you,” or “your”) agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must discontinue use of the Services immediately.

1. Eligibility

Age Requirement: You must be at least eighteen (18) years of age or the age of majority in your jurisdiction to access or use our Services. By using the Services, you represent and warrant that you meet this age requirement.
Authority: If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Use of Services

License: Subject to these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.
Prohibited Conduct: You agree that you shall not:
- Use the Services for any unlawful, fraudulent, or malicious purpose;
- Interfere with or disrupt the operation of the Services or any networks connected to them;
- Bypass or attempt to bypass any security or authentication measures;
- Deploy automated scripts, bots, or scrapers to collect information without our express written permission;
- Upload or transmit any viruses, malware, or any other harmful code;
- Engage in activities that violate any applicable local, state, national, or international law, or any regulations having the force of law.

3. Account Registration

Account Creation: Certain features of our Services may require creating an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated.
Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect unauthorized use of your account or any other security breach.

4. Intellectual Property

Ownership: All content, trademarks, logos, graphics, designs, and other intellectual property displayed on or via our Services (“Company Content”) are owned or licensed by Podium Athletics or its licensors and are protected by applicable intellectual property laws.
Limited Use: You may not reproduce, distribute, modify, transmit, display, or otherwise use any Company Content without our prior written permission, except for personal, non-commercial use as expressly permitted by these Terms.
User Content: If you upload or post content (“User Content”) via our Services, you retain ownership of such content. However, by uploading or posting User Content, you grant Company a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display the User Content in connection with providing the Services.

5. Fees and Payments (If Applicable)

Fees: Some of our Services may require payment of fees. All fees are stated in U.S. dollars and must be paid in full when due. We reserve the right to change any fees and payment schedules at any time upon notice to you (which may be provided via email or by updating our website).
Refunds: Unless otherwise stated in a separate agreement or policy, all fees paid to Company are non-refundable. However, we may, at our sole discretion, consider refund requests on a case-by-case basis.
Payment Methods: You must provide valid payment information. By submitting payment details, you represent and warrant that you have the legal right to use any payment method provided.

6. Third-Party Links and Services
Our Services may contain links to or integrations with third-party websites, services, or applications that are not owned or controlled by Podium Athletics. We do not endorse nor assume any responsibility for the content, privacy policies, or practices of third parties. You acknowledge and agree that we are not liable for any damages or losses caused by or in connection with your use of any third-party content, goods, or services.

7. Disclaimer of Warranties

As Is: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PODIUM ATHLETICS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No Guarantee: WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PODIUM ATHLETICS, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR PARTNERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE AMOUNTS YOU PAID TO PODIUM ATHLETICS IN THE PRECEDING SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9. Indemnification
You agree to defend, indemnify, and hold harmless Podium Athletics and its officers, directors, employees, agents, affiliates, licensors, and partners from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys’ fees) arising from:

Your use or misuse of the Services;
Your violation of any provision of these Terms;
Your violation of any third-party right, including without limitation any intellectual property, confidentiality, property, or privacy right.

10. Termination

Termination by Company: We reserve the right to suspend or terminate your access to the Services at any time, for any reason, including but not limited to violations of these Terms. We will endeavor to provide notice to you of such termination.
Termination by You: You may discontinue use of the Services at any time. If applicable, you may cancel any subscription or service according to the instructions provided in your account settings or by contacting us.
Effect of Termination: Upon termination, all rights granted to you under these Terms will cease, and you must promptly discontinue all use of the Services. Sections intended by their nature to survive termination (e.g., intellectual property, disclaimers, limitation of liability, indemnification) shall survive.

11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located within or closest to San Diego County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

12. Cancellation Policy

Cancellation Penalty: Any cancellation made within 24 hours of the scheduled session will incur a penalty fee of $15. This fee reflects the hourly cost of the space rental and is non-refundable.
Scheduling Responsibilities: Clients are solely responsible for scheduling, rescheduling, and canceling their appointments. Appointments must be scheduled at least 24 hours in advance. Scheduling or canceling appointments on behalf of clients by the provider is not permitted.
Rescheduling Requirements: Clients may reschedule sessions by selecting an available time slot on the website. Rescheduling must be completed at least 24 hours prior to the session. Failure to cancel or reschedule within this timeframe will result in the session being forfeited.
Medical Exceptions: If a client is injured, a valid doctor’s note is required to suspend the subscription for a maximum of 1 month, unless the doctor advises otherwise. If the absence extends beyond 1 month, the client may be required to undergo an additional movement analysis or consultation to reassess their needs.
General Terms: This policy is strictly enforced to ensure efficient resource management. By scheduling an appointment, clients acknowledge and agree to abide by these terms without exception.

13. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If we make material changes, we will provide reasonable notice of such changes, such as by posting a notice on our website or sending an email. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.

14. Miscellaneous

Entire Agreement: These Terms, along with our Privacy Policy and any other legal notices or agreements published by us, constitute the entire agreement between you and Podium Athletics regarding your use of the Services.
Severability: If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Waiver: The failure of Podium Athletics to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Assignment: You may not assign these Terms or any rights or obligations herein without our prior written consent. We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

15. Contact Us
If you have any questions, concerns, or comments about these Terms, or wish to report a violation of these Terms, please contact us using the information below:

Podium Athletics
Attn: Anthony “Tony” Sommers (Legal Name: Anthony Sommers)
387 W I St,
Encinitas, CA 92024
Email: Toncafitness@gmail.com
Phone: (760) 672-4519

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

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