Terms & Conditions

TERMS AND CONDITIONS

High Performance Training Squads:
  1. Character of Services. Pro Athlete Advantage (“MP Business Services LLC”) will provide monthly live training through the High Performance Training Squads (the "Program"). Pro Athlete Advantage is committed to providing you with advice that will contribute to your mental toughness and leadership growth. However, the final decision about acting on this advice – and the responsibility for results achieved – is yours. 
  2. Payment & Cancellation. Payment for each month is due in full (100%) prior to the start of the Program and will be processed automatically each month. Payment is final for that month. If you are unable to attend a monthly Squad session for a reason inside or outside of your control, your payment will not be refunded.  Participants may cancel membership at any time, given 30-day written or email notification to Pro Athlete Advantage. Any payment taken outside of that 30-day window will be refunded within 30 days to the participant. 
  3. Email and Mobile Phone Permissions. By joining the Program, you are providing consent to the Pro Athlete Advantage to contact you via email and text message to deliver the content of the Program. You will also be included on future email communications related to the products you purchased, newsletters, and other critical email communications from Pro Athlete Advantage.
  4. Intellectual Property. All methods, documents, and materials (collectively, “Content”) are sole intellectual property of Pro Athlete Advantage. Pro Athlete Advantage retains all right, title, and interest in and to the Content. The Content is protected by the copyright and trademark laws of the United States. In addition, Pro Athlete Advantage will retain sole ownership of all additions to the Content and any new materials or content produced, conceived, or otherwise created during the course of its work with you or in conjunction with you or your employees. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Pro Athlete Advantage without the written permission. You also will not copy, reproduce, distribute or use the Content outside of your use of the Program.
  5. Disclaimer. Pro Athlete Advantage DOES NOT REPRESENT, WARRANT, COVENANT, OR GUARANTEE OUR WORK TOGETHER WILL RESULT IN CAREER OR PERSONAL ADVANCEMENT or ANY other results of any kind or nature. You understand that Pro Athlete Advantage’s services do not constitute accounting or legal advice and you are hereby specifically advised to seek other advice for such matters.
  6. Limitations on Use. You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. 
  7. Release and Indemnification. You agree to release and hold Pro Athlete Advantage, its employees, owners (including Matt Phillips), independent contractors, and agents harmless for any claims, demands, causes of action or litigation including, but not limited to, all costs and reasonable attorneys' fees, which may arise or be incurred by reason of the your acts and omissions related to our services performed under this Agreement.
  8. Liability limitation. In no event will Pro Athlete Advantage be liable for any consequential, incidental, indirect, punitive, or special damages related to the Agreement. Regardless, Pro Athlete Advantage’s liability under this Agreement will not exceed the fees actually paid for the Program.
  9. Miscellaneous. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of any other provision will not in any way be affected or impaired. This Agreement sets forth the entire understanding with respect to the subject matter hereof and may not be modified, changed, or amended, except by a writing signed by both parties. In the event of a dispute over the terms of this Agreement, the substantially prevailing party or parties will be entitled to recover reasonable attorneys’ fees and costs, including fees and costs incurred enforcing or collecting any judgment or award arising out of any such dispute. If any action is brought that in any way relates to any of the terms, covenants, or conditions of this Agreement, whether such action is in law or in equity, the undersigned agree that the forum for such action or actions will be binding arbitration in Denver, Colorado before the American Arbitration Association, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and governed by the Federal Arbitration Act. This Agreement will be governed by Colorado law.
  10. Photo and Video Release. I hereby grant Pro Athlete Advantage the irrevocable right and permission to use photographs and/or video recordings of me the Company’s and other websites and in publications, podcasts, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I also understand and agree that I may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of the Company. I hereby release, acquit and forever discharge the Company, its current and former officers and employees of the above-named entity from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation. 
  11. Physical Activity Terms and Conditions. As part of the Program, you will perform various physical activities, including instruction and/or training related to weightlifting, powerlifting, olympic lifting, gymnastics, plyometrics, calisthenics, running, swimming, rowing, biking, climbing, jumping, throwing, yoga, and/or activities incidental thereto individually and collectively ("Activities”) and the use of equipment and facilities at various locations and/or any public or private location (collectively “Facilities and Equipment”). 
    1. I understand and acknowledge that serious disabilities, illness (to include “exertional rhabdomyolysis”), death, accidents and injuries can occur during Activities at the Facilities and/or through the use of the Facilities and Equipment in which those Activities are held, whenever or however they occur and for such period said activities may continue. I further understand and acknowledge that attending, participating in, volunteering at or spectating at Activities may require me to perform strenuous activities, or to be exposed to activities, conditions, individuals, equipment or events which have potential to cause death, illness, serious injury, disability, or property loss. Knowing the risks inherent in, and connected with these Activities, conditions, equipment or events, and with the full understanding of the activities I will be performing, on behalf of myself, my executors, administrators, heirs, successors, assigns, and next of kin, I HEREBY FULLY ASSUME THE RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INHERENT IN, AND/OR IN ANY WAY CONNECTED WITH, ATTENDING, PARTICIPATING IN, AND SPECTATING AT AN EVENT OR OTHER ACTIVITY AT THE FACILITIES EVEN IF ARISING FROM THE NEGLIGENCE OF OTHER PERSONS EXECUTING A SIMILAR WAIVER AND RELEASE FROM LIABILITY. 
    2. I understand that I will not be permitted to Participate in Activities without executing this Waiver and Release (as indicated by you accepting these Terms & Conditions). As a condition of my Participation in Activities, I grant the Facility, Company, and its employees, members, partners, officers and agents perpetual and non-revocable permission to use my name, photographs and video in which my image and likeness appears in connection with my Participation in Activities and further grant permission to display, publish, distribute, use, print and reprint such images and likeness, and the right to employ such images or likeness in advertising and promotions relating thereto or to the Company and Facilities or any Activities, including any advertisements or media and electronic displays and transmissions thereof (herein “Likeness Rights”). I release the Company and Facilities and its employees, members, partners, officers and agents from any and all liability for damages for use in any manner or media of the Likeness Rights, and waive any and all claims and causes of action for damages for use of the Likeness Rights, including but not limited to: unauthorized use of my likeness, image, character or persona; violation of my right of publicity or privacy; and for copyright or moral rights infringement, defamation, or being cast in a bad light.
    3. I understand and agree that this Agreement is a full and final release covering all known and unknown and unanticipated injuries, debts, claims or damages to him/her that have arisen or may have arisen from any matters, acts, omissions or dealings released in this agreement, including but not limited to the use of the photographs and Likeness Rights. The undersigned acknowledges that he/she is aware that he/she may hereafter discover facts in addition to, or different from, those which he/she now knows or believes to be true, but it is his/her intention hereby, fully and finally and forever, to settle and to release any and all matters, disputes and differences, known or unknown, suspected or unsuspected, that do now exist, may exist or heretofore have existed with respect to those matters described herein. I expressly waive and relinquish any and all rights or benefits that I may now have, or in the future may have as to these matters released herein, under the terms of Section 1542 of the Colorado Civil Code and any similar law of any state or territory of the United States. Said section provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
    4. By agreeing to these Terms & Conditions, the undersigned also waives any and all rights he/she may have, independently or on my behalf, in connection with my image or likeness on such photograph(s) and Likeness Rights, and consents to, joins with and ratifies all grants of permission, waivers, discharges and releases set forth herein above.
    5. I KNOWINGLY RELEASE, INDEMNIFY, HOLD HARMLESS, AND DISCHARGE the following persons and entities: the Company, the Facility; and the officers, members, directors, employees, representatives, independent contractors, family members, and agents (“Releasees”) of any and all of the above in connection with any claim arising from or in any way connected with my Participation in Activities at the Facilities and/or use of the Equipment, whenever or however they occur and for such period said activities may continue. I AGREE NOT TO BRING ANY CLAIM AGAINST RELEASEES, which claims concern in any way death, injury, damage, or loss of any type or nature, which arise out of, are related to, or are in any way connected with attending, participating in, volunteering with or spectating at Activities, and/or which arise out of or are connected in any way to my use of, or my presence at the Facility(ies) at which (those) activities are held, whether injury, death or disability, loss or damage is caused in whole or in part by negligence, gross carelessness, recklessness or other acts or failure to act of those persons or entities.
90-Day Mental Toughness Programs:
  1. Character of Services. Pro Athlete Advantage (“MP Business Services LLC”) will provide training through the Level 1 90-Day Mental Toughness Program, an online series composed of videos (delivered via email) and text messages, to aid in your mental toughness and leadership growth. Pro Athlete Advantage is committed to providing you with advice that will contribute to your mental toughness and leadership growth. However, the final decision about acting on this advice – and the responsibility for results achieved – is yours. 
  2. Payment. Payment is due in full (100%) prior to the start of the Program. Payment is final.
  3. Email and Mobile Phone Permissions.  By purchasing the Program, you are providing consent to the Pro Athlete Advantage to contact you via email and text message to deliver the content of the Program. You will also be included on future email communications related to the products you purchased, newsletters, and other critical email communications from Pro Athlete Advantage.
  4. Intellectual Property. All methods, documents, and materials (collectively, “Content”) are sole intellectual property of Pro Athlete Advantage. Pro Athlete Advantage retains all right, title, and interest in and to the Content. The Content is protected by the copyright and trademark laws of the United States. In addition, Pro Athlete Advantage will retain sole ownership of all additions to the Content and any new materials or content produced, conceived, or otherwise created during the course of its work with you or in conjunction with you or your employees. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Pro Athlete Advantage without the written permission. You also will not copy, reproduce, distribute or use the Content outside of your use of the Program.
  5. Disclaimer. Pro Athlete Advantage DOES NOT REPRESENT, WARRANT, COVENANT, OR GUARANTEE OUR WORK TOGETHER WILL RESULT IN CAREER OR PERSONAL ADVANCEMENT or ANY other results of any kind or nature. You understand that Pro Athlete Advantage’s services do not constitute accounting or legal advice and you are hereby specifically advised to seek other advice for such matters.
  6. Limitations on Use. You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.  If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
  7. Release and Indemnification. You agree to release and hold Pro Athlete Advantage, its employees, owners (including Matt Phillips), and agents harmless for any claims, demands, causes of action or litigation including, but not limited to, all costs and reasonable attorneys' fees, which may arise or be incurred by reason of the your acts and omissions related to our services performed under this Agreement.
  8. Liability limitation. In no event will Pro Athlete Advantage be liable for any consequential, incidental, indirect, punitive, or special damages related to the Agreement. Regardless, Pro Athlete Advantage’s liability under this Agreement will not exceed the fees actually paid for the Program.
  9. Miscellaneous. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of any other provision will not in any way be affected or impaired. This Agreement sets forth the entire understanding with respect to the subject matter hereof and may not be modified, changed, or amended, except by a writing signed by both parties. In the event of a dispute over the terms of this Agreement, the substantially prevailing party or parties will be entitled to recover reasonable attorneys’ fees and costs, including fees and costs incurred enforcing or collecting any judgment or award arising out of any such dispute. If any action is brought that in any way relates to any of the terms, covenants, or conditions of this Agreement, whether such action is in law or in equity, the undersigned agree that the forum for such action or actions will be binding arbitration in Denver, Colorado before the American Arbitration Association, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and governed by the Federal Arbitration Act. This Agreement will be governed by Colorado law.

Unstoppable Mindset Training Series:
  1. Character of Services. Pro Athlete Advantage (“MP Business Services LLC”) provides training to through the Unstoppable Mindset training series (the "Program"), a series of webinars, and Q&A calls, to aid in your mental toughness improvement. The final decision about acting on any and all advice – and the responsibility for results achieved – is yours. 
  2. Payment & Refunds. The Program fee may be paid in full (100%) prior to the start of the Program or in equal installments of $347 per month for six (6) months. If the participant sends an email within 30 days of purchase stating they would like a refund, 100% of the Program fee will be refunded by Pro Athlete Advantage to the participant. Refund requests past 30 days (starting at day 31 from the purchase date) will be denied.
  3. Email Permissions. By purchasing the Program, you are providing consent to the Pro Athlete Advantage to contact you via email to deliver the content of the Program. You also provide consent for Pro Athlete Advantage to send you login details so you can view all recordings of trainings, along with providing webinar and dial in details for all training sessions.  You will also be included on future email communications related to the products you purchased, newsletters, and other critical email communications from Pro Athlete Advantage.
  4. Intellectual Property. All methods, documents, and materials (collectively, “Content”) are sole intellectual property of Pro Athlete Advantage. Pro Athlete Advantage retain all right, title, and interest in and to the Content. The Content is protected by the copyright and trademark laws of the United States. In addition, Pro Athlete Advantage will retain ownership of all additions to the Content and any new materials or content produced, conceived, or otherwise created during the course of its work with or in conjunction with you. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Pro Athlete Advantage without the written permission. You also will not copy, reproduce, distribute or use the Content outside of your use of the Program.
  5. Disclaimer. Pro Athlete Advantage DOES NOT REPRESENT, WARRANT, COVENANT, OR GUARANTEE OUR WORK TOGETHER WILL RESULT IN CAREER OR PERSONAL ADVANCEMENT or ANY other results of any kind or nature. You understand that Pro Athlete Advantage’s services do not constitute accounting or legal advice and you are hereby specifically advised to seek other advice for such matters.
  6. Limitations on Use. You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
  7. Release and Indemnification. You agree to release and hold Pro Athlete Advantage, its employees, owners (including Matt Phillips), and agents harmless for any claims, demands, causes of action or litigation including, but not limited to, all costs and reasonable attorneys' fees, which may arise or be incurred by reason of the your acts and omissions related to our services performed under this Agreement.
  8. Liability limitation. In no event will Pro Athlete Advantage be liable for any consequential, incidental, indirect, punitive, or special damages related to the Agreement. Regardless, Pro Athlete Advantage’s liability under this Agreement will not exceed the fees actually paid for the Program.
  9. Miscellaneous. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of any other provision will not in any way be affected or impaired. This Agreement sets forth the entire understanding with respect to the subject matter hereof and may not be modified, changed, or amended, except by a writing signed by both parties. In the event of a dispute over the terms of this Agreement, the substantially prevailing party or parties will be entitled to recover reasonable attorneys’ fees and costs, including fees and costs incurred enforcing or collecting any judgment or award arising out of any such dispute. If any action is brought that in any way relates to any of the terms, covenants, or conditions of this Agreement, whether such action is in law or in equity, the undersigned agree that the forum for such action or actions will be binding arbitration in Denver, Colorado before the American Arbitration Association, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and governed by the Federal Arbitration Act. This Agreement will be governed by Colorado law.
    Mental Toughness Coach Certification:
    1. Character of Services. Pro Athlete Advantage (“MP Business Services LLC”) will provide training through the Mental Toughness Coach Certification Program (the "Program"), an online training series composed of videos (delivered via email) and on a secure website, to aid in your mental toughness and leadership growth. This Program will also be made available in-person over a one-day training.  Pro Athlete Advantage is committed to providing you with advice that will contribute to your mental toughness and leadership growth. However, the final decision about acting on this advice – and the responsibility for results achieved – is yours. 
    2. Payment. Payment is due in full (100%) prior to the start of the Program. For the live events, you are responsible for your travel to the event, including flight, transportation, meals, and any hotel nights, etc.
    3. Email and Mobile Phone Permissions. By purchasing the Program, you are providing consent to the Pro Athlete Advantage to contact you via email to deliver the content of the Program (for the online Program). 
    4. Intellectual Property. All methods, documents, and materials (collectively, “Content”) are sole intellectual property of Pro Athlete Advantage. Pro Athlete Advantage retains all right, title, and interest in and to the Content. The Content is protected by the copyright and trademark laws of the United States. In addition, Pro Athlete Advantage will retain sole ownership of all additions to the Content and any new materials or content produced, conceived, or otherwise created during the course of its work with you or in conjunction with you or your employees. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Pro Athlete Advantage without the written permission. You also will not copy, reproduce, distribute or use the Content outside of your use of the Program.
    5. Email and Mobile Phone Permissions. By purchasing the Program, you are providing consent to the Pro Athlete Advantage to contact you via email and text message to deliver the content of the Program. You will also be included on future email communications related to the products you purchased, newsletters, and other critical email communications from Pro Athlete Advantage.
    6. Cancellation Policy.  For live events, where the registrant is unable to attend, and is not in a position to transfer his/her place to another person, then the following refund arrangements apply: Registrations cancelled more than 60 days before the event will be refunded 100% of the fees. Registrations cancelled less than 60 but more than 30 days before the event will be refunded 50% of the registration fees, less a $150 administration fee. Registrations cancelled less than 30 days before the event will not be eligible for a refund. Any fees collected can be applied to a future training camp.
    7. Location Disclaimer. For the in-person training for the Program, you agree to release and hold the company hosting the training, its employees, owners, and agents harmless for any claims, demands, causes of action or litigation including, but not limited to, all costs and reasonable attorneys' fees, which may arise or be incurred by reason of the your acts and omissions related to our services performed under this Agreement. 
    8. Event Cancellation Policy. For the live events, in the event of cancellation due to acts of God (including inclement weather, earthquake, power outage, labor strike, tornado, etc.), Pro Athlete Advantage will provide each participant a credit for a future certification program which must be used within twelve (12) months. Due to our inability to cancel special events at late notice, we are unable to credit these items.
    9. Disclaimer. Pro Athlete Advantage DOES NOT REPRESENT, WARRANT, COVENANT, OR GUARANTEE OUR WORK TOGETHER WILL RESULT IN CAREER OR PERSONAL ADVANCEMENT or ANY other results of any kind or nature. You understand that Pro Athlete Advantage’s services do not constitute accounting or legal advice and you are hereby specifically advised to seek other advice for such matters.
    10. Limitations on Use. You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. 
    11. Release and Indemnification. You agree to release and hold Pro Athlete Advantage, its employees, owners (including Matt Phillips), and agents harmless for any claims, demands, causes of action or litigation including, but not limited to, all costs and reasonable attorneys' fees, which may arise or be incurred by reason of the your acts and omissions related to our services performed under this Agreement.
    12. Liability limitation. In no event will Pro Athlete Advantage be liable for any consequential, incidental, indirect, punitive, or special damages related to the Agreement. Regardless, Pro Athlete Advantage’s liability under this Agreement will not exceed the fees actually paid for the Program.
    13. Miscellaneous. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of any other provision will not in any way be affected or impaired. This Agreement sets forth the entire understanding with respect to the subject matter hereof and may not be modified, changed, or amended, except by a writing signed by both parties. In the event of a dispute over the terms of this Agreement, the substantially prevailing party or parties will be entitled to recover reasonable attorneys’ fees and costs, including fees and costs incurred enforcing or collecting any judgment or award arising out of any such dispute. If any action is brought that in any way relates to any of the terms, covenants, or conditions of this Agreement, whether such action is in law or in equity, the undersigned agree that the forum for such action or actions will be binding arbitration in Denver, Colorado before the American Arbitration Association, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and governed by the Federal Arbitration Act. This Agreement will be governed by Colorado law.
    14. Photo and Video Release. I hereby grant Pro Athlete Advantage the irrevocable right and permission to use photographs and/or video recordings of me the Company’s and other websites and in publications, podcasts, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I also understand and agree that I may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of the Company. I hereby release, acquit and forever discharge the Company, its current and former officers and employees of the above-named entity from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.  
    15. Physical Activity Terms and Conditions. As part of the Program, you will perform various physical activities, including instruction and/or training related to weightlifting, powerlifting, olympic lifting, gymnastics, plyometrics, calisthenics, running, swimming, rowing, biking, climbing, jumping, throwing, yoga, and/or activities incidental thereto individually and collectively ("Activities”) and the use of equipment and facilities at various locations and/or any public or private location (collectively “Facilities and Equipment”). 
      1. I understand and acknowledge that serious disabilities, illness (to include “exertional rhabdomyolysis”), death, accidents and injuries can occur during Activities at the Facilities and/or through the use of the Facilities and Equipment in which those Activities are held, whenever or however they occur and for such period said activities may continue. I further understand and acknowledge that attending, participating in, volunteering at or spectating at Activities may require me to perform strenuous activities, or to be exposed to activities, conditions, individuals, equipment or events which have potential to cause death, illness, serious injury, disability, or property loss. Knowing the risks inherent in, and connected with these Activities, conditions, equipment or events, and with the full understanding of the activities I will be performing, on behalf of myself, my executors, administrators, heirs, successors, assigns, and next of kin, I HEREBY FULLY ASSUME THE RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INHERENT IN, AND/OR IN ANY WAY CONNECTED WITH, ATTENDING, PARTICIPATING IN, AND SPECTATING AT AN EVENT OR OTHER ACTIVITY AT THE FACILITIES EVEN IF ARISING FROM THE NEGLIGENCE OF OTHER PERSONS EXECUTING A SIMILAR WAIVER AND RELEASE FROM LIABILITY. 
      2. I understand that I will not be permitted to Participate in Activities without executing this Waiver and Release (as indicated by you accepting these Terms & Conditions). As a condition of my Participation in Activities, I grant the Facility, Company, and its employees, members, partners, officers and agents perpetual and non-revocable permission to use my name, photographs and video in which my image and likeness appears in connection with my Participation in Activities and further grant permission to display, publish, distribute, use, print and reprint such images and likeness, and the right to employ such images or likeness in advertising and promotions relating thereto or to the Company and Facilities or any Activities, including any advertisements or media and electronic displays and transmissions thereof (herein “Likeness Rights”). I release the Company and Facilities and its employees, members, partners, officers and agents from any and all liability for damages for use in any manner or media of the Likeness Rights, and waive any and all claims and causes of action for damages for use of the Likeness Rights, including but not limited to: unauthorized use of my likeness, image, character or persona; violation of my right of publicity or privacy; and for copyright or moral rights infringement, defamation, or being cast in a bad light.
      3. I understand and agree that this Agreement is a full and final release covering all known and unknown and unanticipated injuries, debts, claims or damages to him/her that have arisen or may have arisen from any matters, acts, omissions or dealings released in this agreement, including but not limited to the use of the photographs and Likeness Rights. The undersigned acknowledges that he/she is aware that he/she may hereafter discover facts in addition to, or different from, those which he/she now knows or believes to be true, but it is his/her intention hereby, fully and finally and forever, to settle and to release any and all matters, disputes and differences, known or unknown, suspected or unsuspected, that do now exist, may exist or heretofore have existed with respect to those matters described herein. I expressly waive and relinquish any and all rights or benefits that I may now have, or in the future may have as to these matters released herein, under the terms of Section 1542 of the Colorado Civil Code and any similar law of any state or territory of the United States. Said section provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
      4. By agreeing to these Terms & Conditions, the undersigned also waives any and all rights he/she may have, independently or on my behalf, in connection with my image or likeness on such photograph(s) and Likeness Rights, and consents to, joins with and ratifies all grants of permission, waivers, discharges and releases set forth herein above.
      5. I KNOWINGLY RELEASE, INDEMNIFY, HOLD HARMLESS, AND DISCHARGE the following persons and entities: the Company, the Facility; and the officers, members, directors, employees, representatives, independent contractors, family members, and agents (“Releasees”) of any and all of the above in connection with any claim arising from or in any way connected with my Participation in Activities at the Facilities and/or use of the Equipment, whenever or however they occur and for such period said activities may continue. I AGREE NOT TO BRING ANY CLAIM AGAINST RELEASEES, which claims concern in any way death, injury, damage, or loss of any type or nature, which arise out of, are related to, or are in any way connected with attending, participating in, volunteering with or spectating at Activities, and/or which arise out of or are connected in any way to my use of, or my presence at the Facility(ies) at which (those) activities are held, whether injury, death or disability, loss or damage is caused in whole or in part by negligence, gross carelessness, recklessness or other acts or failure to act of those persons or entities.  

    “Insider” Offseason Athlete Program (Online)
    1. Character of Services. The Pro Athlete Advantage Insider Offseason Program is a neutral platform for the purpose of mental toughness and leadership development training. This program starts upon purchase and last approximately 20 weeks. The start date cannot be altered.  Pro Athlete Advantage is committed to providing its Insiders with advice that will contribute to your mental toughness and leadership. However, the final decision about acting on this advice – and the responsibility for results achieved – is the yours.  
    2. Payment. Customers will pay the full amount for the Insider Program with a credit card on the enrollment date. Payment is final, and the payment due date cannot be changed.  For any minors under age 18, you confirm that your parent and/or guardian is aware of this purchase and you have received approval to use the applicable credit card for payment.
    3. Email and Mobile Phone Permissions. By joining the Program, you are providing consent to the Pro Athlete Advantage to contact you via email and text message to deliver the content of the Program. You will also be included on future email communications related to the products you purchased, newsletters, and other critical email communications from Pro Athlete Advantage.  During the checkout process, we collect information about the athlete and parent (optional). We reserve the right to email/text both parties and have permission to do so as part of this program offering.
    4. Intellectual Property. All methods, documents, and materials (collectively, “Content”) are sole intellectual property of Pro Athlete Advantage. Pro Athlete Advantage retains all right, title, and interest in and to the Content. The Content is protected by the copyright and trademark laws of the United States. In addition, Pro Athlete Advantage will retain sole ownership of all additions to the Content and any new materials or content produced, conceived, or otherwise created during the course of its work with you or in conjunction with you or your employees. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Pro Athlete Advantage without the written permission. You also will not copy, reproduce, distribute or use the Content outside of your use of the Program.
    5. Disclaimer. Pro Athlete Advantage DOES NOT REPRESENT, WARRANT, COVENANT, OR GUARANTEE OUR WORK TOGETHER WILL RESULT IN CAREER OR PERSONAL ADVANCEMENT or ANY other results of any kind or nature. You understand that Pro Athlete Advantage’s services do not constitute accounting or legal advice and you are hereby specifically advised to seek other advice for such matters.  If the Insider is under 18 years of age, they have received permission from an adult or guardian to purchase and go through this Program. 
    6. Limitations on Use. You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
    7. Release and Indemnification. You agree to release and hold Pro Athlete Advantage, its employees, owners (including Matt Phillips), and agents harmless for any claims, demands, causes of action or litigation including, but not limited to, all costs and reasonable attorneys' fees, which may arise or be incurred by reason of the your acts and omissions related to our services performed under this Agreement.
    8. Liability limitation. In no event will Pro Athlete Advantage be liable for any consequential, incidental, indirect, punitive, or special damages related to the Agreement. Regardless, Pro Athlete Advantage’s liability under this Agreement will not exceed the fees actually paid for the Program.
    9. Miscellaneous. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of any other provision will not in any way be affected or impaired. This Agreement sets forth the entire understanding with respect to the subject matter hereof and may not be modified, changed, or amended, except by a writing signed by both parties. In the event of a dispute over the terms of this Agreement, the substantially prevailing party or parties will be entitled to recover reasonable attorneys’ fees and costs, including fees and costs incurred enforcing or collecting any judgment or award arising out of any such dispute. If any action is brought that in any way relates to any of the terms, covenants, or conditions of this Agreement, whether such action is in law or in equity, the undersigned agree that the forum for such action or actions will be binding arbitration in Denver, Colorado before the American Arbitration Association, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and governed by the Federal Arbitration Act. This Agreement will be governed by Colorado law.
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