Terms and Conditions

Last Updated: 9 March 2026

1. Introduction; Contractual Relationship

These Terms and Conditions (these “Terms”) govern your access to and use of the services provided by Hockey Performance LLC (“Hockey Performance,” “we,” “us,” or “our”), a Florida limited liability company with its principal place of business at 3900 E Indiantown Rd, Ste 607-350, Jupiter, FL 33477, including any content, functionality, and services offered on or through our website located at https://hockeyperformance.com and any related mobile applications, digital platforms, or online interfaces now existing or later developed (collectively, the “Services”).

By:

  1. Creating an account;
  2. Purchasing or subscribing to any of the Services;
  3. Clicking “I Agree,” “Accept,” “Submit,” “Place Order,” “Complete Purchase,” or any similar button or checkbox referencing these Terms; or
  4. Accessing or using the Services in any manner via this website or any third-party social media platform including, but not limited to, YouTube, Facebook or Instagram.

you acknowledge that you have read, understood, and agree to be bound by these Terms, including all policies and documents incorporated by reference (collectively, the “Agreement”).

If you do not agree to these Terms, you must not access or use the Services.

These Terms expressly incorporate by reference and form a single integrated agreement with the following additional documents (collectively, the “Additional Policies”):

  • The Privacy Policy;
  • The Cookie Policy; and
  • The Disclaimer.

In the event of any conflict between these Terms and any Additional Policy, these Terms shall control, except to the extent a particular Additional Policy expressly states otherwise with respect to a specific subject matter (for example, the Privacy Policy with respect to data processing practices).

2. Definitions

For purposes of these Terms, the following capitalized terms shall have the meanings set forth below:

  1. Account means the online account you create to access certain features of the Services.
  2. Additional Policies has the meaning set forth in Section 1.
  3. Content means any and all text, graphics, images, photographs, videos, audio, music, software, interfaces, code, information, data, and other materials made available on or through the Services, including without limitation any Training Content and User Content.
  4. Programs or Training Programs means the off-ice hockey performance training programs, workout plans, team training curricula, elite training programs, and related materials provided by Hockey Performance through the Services, including Seasonal Training Programs, Team Training Programs, Remote Coaching, and Elite Year-Round Training Programs.
  5. Services has the meaning set forth in Section 1 and includes, without limitation: access to and use of the Website and any mobile applications; access to Training Programs and related materials; remote coaching and elite year-round training offerings; and any other online content, features, or services that Hockey Performance makes available.
  6. Site or Website means https://hockeyperformance.com and any subdomains thereof.
  7. Training Content means all Programs, videos, workouts, instructions, plans, templates, guidance, and related materials provided by Hockey Performance through the Services.
  8. User, you, or your means the individual accessing or using the Services, and, if applicable, such individual’s parent or legal guardian on behalf of a minor.
  9. User Content (or User Contributions) means any content, data, information, text, photographs, images, videos, audio, comments, reviews, feedback, testimonials, suggestions, ideas, or other materials that you post, upload, submit, transmit, or otherwise make available on or through the Services or that you provide to Hockey Performance by any means (other than personal information submitted solely through the means described in the Privacy Policy).

3. Eligibility

  1. Age Requirements. The Services are available only to individuals who are at least 18 years of age, or to minors who have obtained the consent and supervision of a parent or legal guardian.
  2. Minors. If you are under 18 years of age, you represent and warrant that: (a) you have obtained the consent of your parent or legal guardian to use the Services; and (b) your parent or legal guardian has read and agreed to these Terms on your behalf. If you are a parent or legal guardian of a minor who accesses or uses the Services, you accept these Terms on behalf of such minor and agree that you are fully responsible for the minor’s use of the Services, including all financial charges and legal liability that the minor may incur.
  3. International Users. The Services are controlled and operated by Hockey Performance from the United States. We make no representation that the Services or any Content are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so on their own initiative and are responsible for compliance with all local laws, rules, and regulations that may apply.

4. Description and Scope of Services

Hockey Performance provides online off-ice hockey performance training programs and related services designed to help aspiring hockey players of all age groups improve their skills and performance. Without limitation, our Services may include:

  1. Seasonal training programs;
  2. Team training programs;
  3. Remote coaching;
  4. Elite year-round training programs;
  5. Access to Training Content, including videos, exercise plans, educational modules, and written materials accessed via this website or any third-party social media platform including, but not limited to, YouTube, Facebook or Instagram;
  6. Access to any community features, discussion areas, comment sections, or similar interactive functions that we may make available via this website or third-party social media platform; and
  7. Any other content, tools, or features provided from time to time.

The Services and specific offerings, features, and functionalities may change from time to time in our sole discretion, as described in Section 16 (Modifications to the Services and Terms).

5. Account Registration and Security

  1. Account Creation. To access certain features of the Services, including subscription Programs or remote coaching, you may be required to register for an Account. You agree to: (a) provide accurate, current, and complete information during the registration process; and (b) maintain and promptly update your information so that it remains accurate, current, and complete.
  2. Account Credentials. You are responsible for safeguarding your Account login credentials, including your username and password, and for all activities that occur under your Account. You agree: (a) not to share your credentials with any third party; and (b) to notify Hockey Performance immediately of any unauthorized use of your Account or any other breach of security.
  3. Account Responsibility. Hockey Performance reserves the right, in its sole discretion, to suspend, disable, or terminate your Account and/or your access to the Services if any information you provide is or becomes inaccurate, not current, or incomplete, or if you otherwise violate these Terms.
  4. International Access. If you access the Services from outside the United States, you are solely responsible for compliance with all applicable local laws regarding online conduct and acceptable content.

6. Acceptance of Terms; Clickwrap and Continued Use

  1. Affirmative Acceptance. You agree that no Account may be created and no purchase or subscription to the Services may be completed unless and until you have affirmatively indicated your acceptance of these Terms (including the Additional Policies) by clicking an “I Agree,” “Accept,” “Submit,” “Place Order,” or similar button, or by checking a box that is clearly and conspicuously linked to these Terms.
  2. Continued Use as Acceptance of Changes. As set forth in Section 16, Hockey Performance may modify these Terms from time to time. Your continued access to or use of the Services after we post updated Terms constitutes your binding acceptance of those changes.
  3. Record of Acceptance. You acknowledge and agree that Hockey Performance’s systems and records, including logs displaying the date and time of your acceptance, shall be conclusive evidence of your assent to these Terms and any modifications thereto, absent manifest error.

7. Payment Terms

7.1 Subscription and Fees

  1. All fees for the Services are stated in United States dollars (USD), unless expressly indicated otherwise at the point of purchase.
  2. We may offer various payment structures, including: (a) one-time payment in full (PIF) options for certain Programs; and (b) recurring subscription or monthly payment options for certain Programs, including Seasonal Programs, Team Training Programs, Remote Coaching, and Elite Year-Round Training.
  3. By purchasing or subscribing to any Services, you: (a) authorize Hockey Performance (and our third-party payment processors) to charge the applicable fees to your designated payment method; and (b) represent and warrant that you are authorized to use such payment method.
  4. All payments are processed through third-party payment processors, which may include Stripe and other platforms. Your use of such payment processors is subject to their separate terms and conditions and privacy policies, which you may be required to accept at the time of payment. Hockey Performance is not responsible for any errors or acts or omissions of any third-party payment processors.

7.2 Automatic Renewal and Recurring Billing

  1. Automatic Renewal. Unless expressly stated otherwise at the time of purchase, any monthly or periodic subscription for the Services will automatically renew at the end of the applicable subscription term for successive periods of equal length (for example, monthly subscriptions will renew each month) at the then-current non-promotional rate.
  2. Authorization for Recurring Charges. By purchasing a subscription or selecting a monthly payment option, you expressly acknowledge and agree that: (a) your subscription has an initial and recurring payment feature; and (b) you accept responsibility for all recurring charges prior to cancellation.
  3. Billing; Price Changes. We reserve the right to adjust pricing at any time in our sole discretion. If we change the subscription price, we will provide you with advance notice, and the new price will apply to the next renewal term following such notice. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the revised amount.
  4. Compliance with Automatic Renewal Laws. To the extent required by applicable federal or state laws (including without limitation any automatic renewal or negative option laws), we will: (a) present the material terms of any automatic renewal offer in a clear and conspicuous manner prior to purchase; (b) obtain your affirmative consent to such terms; and (c) provide an acknowledgment that includes the auto-renewal terms, cancellation policy, and information on how to cancel.

7.3 Taxes

  1. Unless expressly stated otherwise at the time of purchase, all fees and charges are exclusive of any applicable sales, use, value-added, goods and services, or other similar taxes, levies, or duties imposed by any governmental authority (“Taxes”).
  2. You are responsible for paying any and all such Taxes (excluding Taxes based on Hockey Performance’s net income) that may be imposed on your purchase or use of the Services. Where Hockey Performance has a legal obligation to collect such Taxes, the appropriate amount will be added to your invoice or charged to your payment method.

7.4 Cancellation Policy

  1. You may cancel your subscription or Program participation at any time by: (a) following the cancellation instructions provided in your Account settings (if available); or (b) sending a clear written cancellation request via email to info@hockeyperformance.com from the email address associated with your Account.
  2. For purposes of refund eligibility, the effective date of your cancellation is the date on which Hockey Performance receives your cancellation request in accordance with this Section 7.4.
  3. Cancelling your subscription will stop future recurring charges after the end of the then-current billing period, subject to the Refund Policy below. You will not be entitled to a refund for fees already paid, except as expressly provided in Section 7.5.

7.5 Refund Policy

  1. Seasonal Programs — One-Time (PIF) Payment Option. If you cancel a Seasonal Program that you purchased under a one-time payment in full (PIF) option, you may be eligible for a prorated refund of the unused portion of the program calculated from the date Hockey Performance receives your cancellation request via email. If you pay for a Seasonal Program on a monthly or other recurring basis, your Services are deemed paid through the end of the current program service month (or applicable billing period) regardless of the date of your cancellation request. Refunds will generally be processed within five (5) to seven (7) business days following approval. All refund payments will be made to the original payment method from which the payment was received, unless otherwise required by law or agreed by Hockey Performance.
  2. Monthly Payment Options — Seasonal Programs, Team Training Programs, Remote Coaching, and Elite Year-Round Training. If you are paying on a monthly or other recurring basis, your Services are deemed paid through the end of the current program service month (or applicable billing period) regardless of the date of your cancellation request. There are no prorated refunds for any remaining days of the billing period in which a cancellation request is received. Your access to the Services will generally continue through the end of the paid billing period.
  3. Other Refunds. Except as expressly set out in these Terms, all fees are non-refundable to the maximum extent permitted by applicable law.

7.6 Non-Payment; Suspension

  1. If payment of any recurring or installment fee is not received on or before the applicable due date, Hockey Performance may: (a) immediately suspend your access to the Services and/or your Account; and/or (b) terminate your Program participation as described in Section 8.
  2. In the event of suspension for non-payment, we may send a notice to the email address associated with your Account. You may be required to follow instructions provided by us, including completing updated payment via a payment link, to reinstate or continue your access to the Services.

8. Suspension and Termination

  1. Termination by Hockey Performance. In addition to any other rights we may have under these Terms or applicable law, we may suspend or terminate your Account or access to the Services, in whole or in part, at any time, with or without notice, if we reasonably determine that: (a) you have violated any provision of these Terms or any Additional Policy; (b) you have engaged in fraudulent, abusive, harassing, or illegal behavior; (c) your conduct exposes Hockey Performance or any third party to legal liability, reputational harm, or risk; (d) we are required to do so by law, regulation, or competent governmental authority; or (e) you have conducted yourself in a manner or done anything inappropriate as reasonably determined by Hockey Performance.
  2. Termination by You. You may terminate your Account at any time by: (a) following any account termination process that we may provide; or (b) submitting a written request to info@hockeyperformance.com. Termination by you does not relieve you of any payment obligations incurred before the effective date of termination.
  3. Effect of Termination. Upon any suspension or termination: (a) your right to access and use the Services shall immediately cease; (b) we may deactivate or delete your Account and all related information and files associated with your Account, subject to any legal obligations regarding data retention; and (c) we shall not be liable to you or any third party for any termination or suspension of your access to the Services.
  4. No Refunds upon Termination for Cause. If your access to the Services is terminated by Hockey Performance due to your breach of these Terms or any Additional Policy, you will not be entitled to any refund of fees paid, except as may be required by applicable law.
  5. Survival. All provisions of these Terms that by their nature should survive termination shall so survive, including, without limitation, provisions regarding ownership, intellectual property, disclaimers of warranties, limitations of liability, indemnification, dispute resolution, governing law, and jurisdiction.

9. Intellectual Property Rights

9.1 Hockey Performance Content and Ownership

  1. The Services and all Training Content and other Content made available by or on behalf of Hockey Performance (collectively, “Hockey Performance Content”) are and shall remain the exclusive property of Hockey Performance, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  2. Without limitation, Hockey Performance Content includes: (a) Programs and Training Content; (b) all text, graphics, images, photographs, videos, audio, music, software, and other materials; (c) the design, selection, compilation, arrangement, and look and feel of the Services; and (d) all trademarks, service marks, logos, trade names, and brand elements associated with Hockey Performance.
  3. Nothing in these Terms shall be construed as transferring any ownership rights in or to Hockey Performance Content to you or any third party.

9.2 Limited License to Use Services

  1. Subject to your strict compliance with these Terms, Hockey Performance grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to: (a) access and use the Services and Hockey Performance Content solely for your personal, non-commercial use and solely in the manner expressly permitted by these Terms; and (b) download and store a single copy of any downloadable materials or applications that we expressly provide for download, solely for your personal, non-commercial use, and subject to any end user license agreement or additional terms that may apply.
  2. Except as expressly permitted in this Section 9.2 or otherwise expressly authorized in writing by Hockey Performance, you shall not: (a) reproduce, distribute, publicly display, publicly perform, modify, adapt, translate, create derivative works of, publish, republish, transmit, broadcast, sell, license, rent, lease, or otherwise exploit any portion of the Services or Hockey Performance Content; (b) remove or alter any copyright, trademark, or other proprietary rights notices appearing on or within the Services or Hockey Performance Content; or (c) use any Hockey Performance trademarks, trade names, or branding without our prior written consent.
  3. Any use of the Services or Hockey Performance Content other than as expressly authorized herein is strictly prohibited and may violate intellectual property laws, other laws, and applicable regulations.

9.3 User Content; License Grant

  1. User Content Responsibility. You are solely responsible for any and all User Content that you submit, post, upload, publish, display, transmit, or otherwise make available on or through the Services, including, without limitation, any photos, progress updates, testimonials, questions, feedback, comments, or other materials.
  2. Ownership. As between you and Hockey Performance, you retain all right, title, and interest (including any intellectual property rights) that you may have in and to your User Content, subject to the license you grant to Hockey Performance in this Section 9.3.
  3. License to Hockey Performance. By submitting or making available any User Content, you hereby grant Hockey Performance and its affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to: (a) use, reproduce, modify, adapt, translate, create derivative works from, publish, distribute, perform, display (publicly or otherwise), and otherwise exploit your User Content, in whole or in part, in any form, medium, or technology now known or later developed; (b) use your User Content for the purposes of operating, improving, and promoting the Services, Training Programs, and Hockey Performance’s business, including without limitation using testimonials, reviews, and similar content in marketing materials, on the Website, and in other promotional channels; and (c) permit third parties to do any of the foregoing on our behalf.
  4. Moral Rights Waiver. To the maximum extent permitted by applicable law, you waive and agree not to assert any moral rights or equivalent rights in and to your User Content, including rights of attribution and integrity.
  5. Representations and Warranties. You represent and warrant that: (a) you own or otherwise control all necessary rights to submit and grant the foregoing license in and to your User Content; (b) your User Content does not infringe, misappropriate, or otherwise violate any copyright, trademark, trade secret, privacy, publicity, or other proprietary or personal right of any third party; (c) your User Content is not defamatory, unlawful, obscene, harassing, threatening, or otherwise objectionable; and (d) you have obtained all necessary consents, permissions, and releases from any individuals who appear in your User Content.
  6. No Obligation to Use. Hockey Performance is under no obligation to host, display, or use any User Content, and we may remove, edit, or modify User Content at any time in our sole discretion, with or without notice.

9.4 Prohibited Uses

In addition to all other restrictions set forth in these Terms, you agree that you shall not, and shall not permit any third party to:

  1. Use the Services in any way that violates any applicable federal, state, local, or international law or regulation;
  2. Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
  3. Use the Services to send, knowingly receive, upload, download, use, or re-use any material that: (a) is unlawful, fraudulent, deceptive, defamatory, obscene, offensive, or otherwise objectionable; (b) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (c) promotes sexually explicit or pornographic material; (d) encourages self-harm, suicide, or violence against others; or (e) violates any intellectual property, privacy, or publicity right or other legal rights of any person;
  4. Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including without limitation any junk mail, chain letter, spam, or any other similar solicitation;
  5. Impersonate or attempt to impersonate Hockey Performance, a Hockey Performance employee, another user, or any other person or entity;
  6. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Hockey Performance, may harm Hockey Performance or users of the Services or expose them to liability;
  7. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
  8. Copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or any portion thereof, except as expressly permitted by these Terms;
  9. Use any manual or automated process, including without limitation robots, spiders, scrapers, or offline readers, to access, copy, or download any part of the Services without our express written permission;
  10. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
  11. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the Services.

10. DMCA and Copyright Infringement Policy

  1. Respect for Intellectual Property. Hockey Performance respects the intellectual property rights of others and expects users of the Services to do the same.
  2. DMCA Notices. If you believe that any Content on the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) to our designated agent (the “DMCA Agent”). Your notice must be in writing and include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hockey Performance to locate the material; (d) information reasonably sufficient to permit Hockey Performance to contact you, such as an address, telephone number, and, if available, an email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Designated DMCA Agent:
Hockey Performance LLC
Attn: DMCA Agent
3900 E Indiantown Rd, Ste 607-350
Jupiter, FL 33477
Email: info@hockeyperformance.com

  1. Counter-Notice. If you believe that your material that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice to the DMCA Agent. Your counter-notice must be in writing and include: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (c) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in the judicial district in which your address is located (or in Palm Beach County, Florida, if your address is outside the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  2. Repeat Infringer Policy. It is the policy of Hockey Performance, in appropriate circumstances and in its sole discretion, to disable and/or terminate the Accounts of users who are deemed repeat infringers. We may also remove or disable access to any infringing material at any time, with or without prior notice.
  3. Misrepresentations. Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability.

11. Disclaimer of Warranties

  1. As-Is and As-Available Basis. Your use of the Services, including any Training Programs and Training Content, is at your sole risk. The Services are provided on an “as-is” and “as-available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.
  2. No Warranties. To the maximum extent permitted by applicable law, Hockey Performance expressly disclaims all warranties of any kind, whether express or implied, including, without limitation: (a) any implied warranty of merchantability; (b) any implied warranty of fitness for a particular purpose; (c) any implied warranty of non-infringement; and (d) any warranties arising out of course of dealing, course of performance, or trade usage.
  3. No Guarantee of Accuracy or Completeness. Hockey Performance makes no representation or warranty: (a) regarding the accuracy, completeness, reliability, timeliness, or correctness of any Content or information provided through the Services; (b) that the Services will meet your requirements or expectations; (c) that access to the Services will be uninterrupted, timely, secure, or error-free; or (d) that any defects or errors in the Services will be corrected.
  4. Technology Risks. Without limiting the foregoing, Hockey Performance assumes no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of Content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Services; (c) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (d) interruption or cessation of transmission to or from the Services; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; or (f) errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services.
  5. Fitness Training and Medical Disclaimer. Without limiting the generality of the foregoing: (a) the Training Programs and Training Content are designed for general informational and educational purposes only and are not intended to be, and do not constitute, medical advice, diagnosis, or treatment; (b) you should always consult with a physician or other qualified healthcare provider before beginning any exercise, training, or nutrition program, particularly if you are pregnant, have a history of heart disease, high blood pressure, or other chronic medical conditions, have any existing injuries or physical limitations, or are taking any medications; (c) never disregard professional medical advice or delay seeking it because of something you have read, viewed, or received through the Services; and (d) if you think you may have a medical emergency, call your doctor or emergency services (such as 911 in the United States) immediately.
  6. No Guarantee of Results. Hockey Performance does not warrant or guarantee any specific results, performance improvements, or achievements from the use of the Services, Training Programs, or Training Content. Individual results may vary and depend on numerous factors, including but not limited to age, physical condition, commitment, effort, adherence to the program, nutrition, lifestyle, and consistency.

12. Limitation of Liability; Assumption of Risk

  1. Exclusion of Certain Damages. To the maximum extent permitted by applicable law, in no event shall Hockey Performance, its owners, officers, directors, employees, contractors, agents, licensors, service providers, or content providers (collectively, the “Hockey Performance Parties”) be liable for any: (a) indirect, incidental, special, consequential, exemplary, or punitive damages; or (b) damages for loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, business interruption, or other intangible losses, arising out of or in connection with your use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not any Hockey Performance Party has been advised of the possibility of such damages.
  2. Cap on Liability. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of the Hockey Performance Parties, whether in contract, warranty, tort (including negligence), product liability, strict liability, or any other legal or equitable theory, arising out of or relating to your use of or inability to use the Services, exceed the amount actually paid by you, if any, to Hockey Performance for access to the Services during the three (3) months immediately preceding the event giving rise to the claim.
  3. Waiver of Liability for Physical Activities; Assumption of Risk. By using the Services, including any Training Programs or Training Content, you acknowledge and agree that: (a) participation in hockey training, fitness activities, and sports involves inherent risks, including but not limited to serious bodily injury, illness, permanent disability, paralysis, and death; (b) such risks may arise from your own actions or inactions, the actions or inactions of others, the condition of the premises or equipment used, or the negligence of Hockey Performance or third parties; and (c) you freely and voluntarily assume all such risks, both known and unknown, even if arising from the negligence of the Hockey Performance Parties or others, and assume full responsibility for your participation in any activities recommended or suggested by the Services.
  4. Release. To the maximum extent permitted by applicable law, you hereby release, waive, discharge, and covenant not to sue the Hockey Performance Parties from and against any and all claims, liabilities, demands, actions, causes of action, damages, losses, costs, or expenses (including attorneys’ fees) arising out of or related to: (a) any injury, illness, disability, death, or property damage that you may suffer in connection with your use of the Services or participation in any activities recommended or suggested by the Services; or (b) your reliance on any Training Programs or Training Content, whether caused by the negligence of the Hockey Performance Parties or otherwise.
  5. Jurisdictional Limitations. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or limitations on implied warranties, some of the above limitations may not apply to you. In such jurisdictions, the liability of the Hockey Performance Parties shall be limited to the maximum extent permitted by law.
  6. Essential Basis of the Bargain. You acknowledge that the disclaimers of warranties and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Hockey Performance and that these provisions form an essential basis of the bargain between you and Hockey Performance.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Hockey Performance Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees and court costs) arising out of or relating to:

  1. Your violation of these Terms or any Additional Policy;
  2. Your use of the Services, including but not limited to your User Content and any use of the Services content, services, and products other than as expressly authorized in these Terms;
  3. Your use of any information or recommendations obtained from the Services;
  4. Your participation in any hockey training or related activities based on or in connection with the Services; or
  5. Any claim that your User Content infringes, misappropriates, or otherwise violates any intellectual property right, privacy right, or other rights of any third party.

Hockey Performance reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any claim without the prior written consent of Hockey Performance.

14. Dispute Resolution; Governing Law; Arbitration

  1. Governing Law. These Terms, the Additional Policies, and any dispute or claim arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of Florida or any other jurisdiction).
  2. Forum Selection. Subject to the arbitration provisions set forth below, any legal suit, action, or proceeding arising out of or related to these Terms, the Additional Policies, or the Services shall be instituted exclusively in the state courts of the State of Florida, located in Palm Beach County, Florida, or in the United States District Court for the Southern District of Florida. You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue or forum non conveniens.
  3. Agreement to Arbitrate. At Hockey Performance’s sole discretion, we may require you to submit any dispute, controversy, or claim arising out of or relating to these Terms, the Additional Policies, or the Services (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination) to final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. If arbitration is elected by Hockey Performance, the arbitration shall be conducted before a single arbitrator experienced in commercial contract disputes and licensed to practice law. The seat or legal place of arbitration shall be Palm Beach County, Florida, and the arbitration proceedings shall be conducted in English. Judgment on the arbitral award may be entered in any court having jurisdiction thereof.
  4. Arbitration Procedures; Costs. The arbitrator shall have the authority to award any relief available in a court of law that is consistent with these Terms and applicable law, except that the arbitrator shall not have the authority to award punitive or exemplary damages or to certify a class proceeding. Each party shall bear its own attorneys’ fees and costs, and the parties shall share the arbitrator’s fees and arbitration costs equally, unless the arbitrator determines that allocation would be unconscionable or otherwise contrary to applicable law.
  5. Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the dispute between you and Hockey Performance individually. To the maximum extent permitted by law: (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or litigated on a class-action or consolidated basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public, other users, or any other persons.
  6. Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms, the Additional Policies, or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
  7. Equitable Relief. Notwithstanding the foregoing, Hockey Performance may seek injunctive or other equitable relief in any court of competent jurisdiction (including but not limited to the state and federal courts located in Palm Beach County, Florida) to prevent or enjoin any actual or threatened breach of its intellectual property rights or other proprietary interests.

15. Third-Party Services and Links

  1. Third-Party Websites and Services. The Services may contain links to or integrations with third-party websites, platforms, products, or services (“Third-Party Services”) that are not owned or controlled by Hockey Performance. Examples may include payment processors, analytics providers, advertising networks, or social media platforms.
  2. No Responsibility for Third-Party Services. Hockey Performance has no control over, and assumes no responsibility for, the content, privacy policies, practices, or performance of any Third-Party Services. Your use of Third-Party Services is at your own risk and subject to the terms and conditions and privacy policies applicable to such Third-Party Services.
  3. No Endorsement. Any reference to or inclusion of Third-Party Services within the Services does not constitute or imply endorsement, sponsorship, or recommendation by Hockey Performance.
  4. Third-Party Content. You further acknowledge and agree that Hockey Performance shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, your use of or reliance on any Content, goods, or services available on or through any Third-Party Services.

16. Modifications to the Services and to These Terms

  1. Changes to the Services. Hockey Performance reserves the right, in its sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof (including any specific Program, feature, or Content) at any time, with or without notice to you. Hockey Performance shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.
  2. Changes to the Terms. We may revise and update these Terms from time to time in our sole discretion. When we make changes, we will: (a) post the updated Terms on the Website with a revised Effective Date; and (b) where required by law or where we deem appropriate, provide additional notice (e.g., by email or by posting a notice on the Website).
  3. Your Acceptance of Changes. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of and agreement to the changes. If you do not agree to the revised Terms, you must stop using the Services and may terminate your Account as set forth herein.

17. Force Majeure

Hockey Performance shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performing any obligation under these Terms where such failure or delay is caused by or results from acts or circumstances beyond its reasonable control, including, without limitation:

  • Acts of God;
  • Flood, fire, earthquake, epidemic, or explosion;
  • War, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest;
  • Government orders, laws, or restrictions;
  • National or regional emergency;
  • Pandemics or public health emergencies (such as COVID-19);
  • Strikes, labor stoppages, or other industrial disturbances;
  • Internet or telecommunications failures or interruptions, hosting provider outages, or other technological failures; or
  • Any other cause beyond Hockey Performance’s reasonable control.

Hockey Performance shall use commercially reasonable efforts to mitigate the effect of any such force majeure event and to resume performance as soon as reasonably practicable.

18. Assignment

  1. You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms or your Account, whether by operation of law or otherwise, without the prior written consent of Hockey Performance, and any attempted assignment in violation of this provision shall be null and void.
  2. Hockey Performance may freely assign or transfer these Terms (in whole or in part), and/or its rights and obligations hereunder, without restriction and without notice to you, including, without limitation, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

19. International Use; Compliance With Laws

  1. The Services are operated from facilities within the United States. Hockey Performance makes no representation that the Services or any Content are appropriate or available for use in locations outside the United States.
  2. Accessing the Services from territories where the Services or any Content are illegal is prohibited. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws, including, without limitation, export and import regulations.
  3. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

20. Severability

If any provision of these Terms is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect and shall be construed so as to best effectuate the original intent of the parties.

21. No Waiver

No waiver by Hockey Performance of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Hockey Performance to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

22. Entire Agreement

These Terms, together with the Additional Policies (including the Privacy Policy, Cookie Policy, and Disclaimer) and any other documents expressly incorporated by reference, constitute the entire agreement between you and Hockey Performance with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.

23. Contact Information

If you have any questions regarding these Terms or the Services, please contact us at:

Hockey Performance LLC
3900 E Indiantown Rd, Ste 607-350
Jupiter, FL 33477
Email: info@hockeyperformance.com