Terms of Use

Please read these Terms of Use carefully. They include a mandatory arbitration agreement and class action waiver in Section 15 that requires disputes to be resolved on an individual basis in binding arbitration. You have the right to opt out of arbitration within 30 days by following the instructions in Section 15.5. Physical training carries inherent risk; your participation and your minor’s participation are at your own risk as described in Section 13.

These Terms of Use (the “Terms”) are a binding agreement between you and Mental Toughness LLC, a California limited liability company doing business as Love Performance (“Love Performance,” “we,” “us,” or “our”). They govern your access to and use of our website, registration and payment tools, dashboard and admin surfaces, and any related communications (collectively, the “Services”).

By accessing or using the Services, you accept these Terms. If you do not agree, do not use the Services.

1. Who may use the Services

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or agree to these Terms. Anyone under 18 may use the Services only through an account or registration created and managed by a parent or legal guardian. A parent or guardian who registers a minor is solely responsible for the minor’s participation, waivers, and conduct.

You represent that you have the authority to bind yourself and, if you are registering a minor, the minor, to these Terms.

2. Your account

You are responsible for the accuracy of the information you provide, for keeping your credentials confidential, and for all activity under your account. Notify us immediately at support@loveperformance.com if you suspect unauthorized access.

3. Registrations, payment, and refunds

3.1 Registration

Registering for a camp, clinic, stick time, or other session creates a reservation of a spot subject to availability and these Terms. A registration is not confirmed until payment has been successfully captured (for paid sessions) or we have recorded the registration (for free or credit-based sessions).

3.2 Pricing and payment

Prices are listed on each session’s page in U.S. dollars. We use third-party payment processors. By submitting payment you authorize the processor to charge the total amount shown, including any applicable taxes.

3.3 Refund policy

Unless a session’s listing states otherwise:

• Full refund— cancellations requested at least 7 calendar days before the session start time.
• 50% refund— cancellations requested between 7 and 48 hours before the session start time.
• No refund— cancellations within 48 hours of the session start time, or no-shows.
• Session cancelled by us— full refund or, at your option, a credit of equal value redeemable for a future session.
• Injury or family emergency— reviewed case-by-case. Email support@loveperformance.com; we may issue a credit or partial refund.

Refunds are issued to the original payment method and typically post within 5–10 business days, depending on your bank.

3.4 Credits and bundles

Bundles (credit packs) are sold per the terms stated on the bundle page. Bundle credits are non-transferable and not redeemable for cash except where required by law. Credit value expires 12 months from purchase unless a different period is stated on the bundle page.

4. SMS program

If you opt in to our SMS program, our SMS Terms apply and are incorporated into these Terms by reference. Message and data rates may apply. You can cancel the SMS service at any time by replying STOP. Consent to receive text messages is not a condition of any purchase.

5. License to use the Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. All rights not expressly granted are reserved.

6. User content and conduct

Any content you submit to the Services (including profile details, session notes, reviews, and messages) must be accurate, lawful, and respectful. You will not:

• Post content that is illegal, defamatory, abusive, harassing, threatening, obscene, or discriminatory.
• Impersonate another person or misrepresent your affiliation with any person or organization.
• Interfere with, probe, or attempt to bypass the security or functionality of the Services.
• Use any automated system (bot, scraper, crawler) to access the Services except for a standard search-engine index of public pages.
• Reverse-engineer or attempt to extract source code.
• Collect other users’ information without their permission.
• Use the Services to violate any applicable law or regulation.

By submitting content to the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content solely for the purpose of operating and improving the Services. You retain ownership of your content.

7. Intellectual property

The Services (including text, graphics, logos, software, and the “Love Performance” name and marks) are owned by Mental Toughness LLC or our licensors and are protected by U.S. and international copyright, trademark, and other laws. Nothing in these Terms transfers ownership of any intellectual property.

8. Third-party services

The Services integrate with third-party services. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services.

9. Disclaimers

The Services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that information will be accurate, or that any defects will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the foregoing exclusions apply to the fullest extent permitted.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MENTAL TOUGHNESS LLC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

This section does not limit liability that cannot be limited under applicable law (for example, gross negligence, willful misconduct, or death or bodily injury caused by our negligence).

11. Indemnification

You agree to defend, indemnify, and hold harmless Mental Toughness LLC and its officers, members, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable attorneys’ fees) arising from (i) your use of the Services, (ii) your breach of these Terms, (iii) your violation of any law or third-party right, or (iv) any content you submit. We reserve the right to assume exclusive control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may stop using the Services at any time. Sections that by their nature should survive termination (including Sections 5, 7, 9, 10, 11, 13, 14, 15, and 16) will survive.

13. Assumption of risk (physical activity)

Hockey training is a contact sport and physical activity that carries inherent risk of serious injury, including risk of permanent injury or death, from falls, collisions, pucks, sticks, skates, and other hazards. By registering for or participating in a Love Performance session, or enrolling a minor in a session, you:

• Affirm that you (or the minor) are medically fit to participate.
• Assume full responsibility for the inherent and foreseeable risks of participation and for any pre-existing medical conditions.
• Waive, to the fullest extent permitted by law, any claim against Mental Toughness LLC, its coaches, members, employees, and contractors for any injury, loss, or damage arising from participation, except for injuries caused by our gross negligence or willful misconduct.
• Agree that you remain responsible for carrying appropriate personal medical, accident, and liability insurance.

This section does not waive any rights that cannot be waived under applicable law.

14. Governing law and venue

These Terms, and any dispute arising from or related to them or the Services, are governed by the laws of the State of California, without regard to its conflict-of-law rules. For any claim not subject to arbitration (see Section 15), the exclusive venue is the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction of those courts.

15. Binding arbitration and class action waiver

Please read carefully. This section affects your rights.

15.1 Agreement to arbitrate

You and Love Performance agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified below. If the AAA is unavailable, the parties will select another nationally-recognized arbitration provider such as JAMS.

15.2 Exceptions

Either party may: (i) bring an individual action in small-claims court for any Dispute within that court’s jurisdiction; and (ii) seek injunctive or equitable relief in court to protect intellectual property rights.

15.3 Informal resolution

Before starting arbitration, you must first send a written notice of Dispute to privacy@loveperformance.com with your name, address, the nature of the Dispute, and the relief requested. We will attempt to resolve the Dispute informally within 60 days. If we cannot, either party may start arbitration.

15.4 Class action waiver

ANY DISPUTE WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS. YOU AND LOVE PERFORMANCE EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator has no authority to hear class or representative claims. If this class action waiver is found unenforceable as to any Dispute, that Dispute will be severed and heard in court; the remainder of this Section 15 will still apply.

15.5 Opt-out

You may opt out of this arbitration agreement by sending written notice to privacy@loveperformance.com within 30 daysof the later of (a) the date you first accepted these Terms or (b) the date of a material amendment to this Section 15. Your notice must include your full name, account email, mailing address, and the phrase “I opt out of Love Performance arbitration.” If you opt out, Section 15 will not apply to you.

15.6 Arbitration location and costs

Arbitration will be held in Orange County, California, or by video conference, at the claimant’s option. The parties will bear their own attorneys’ fees unless the arbitrator awards fees under applicable law. Filing and administrative fees will be allocated under the AAA Consumer Arbitration Rules.

15.7 Federal Arbitration Act

These Terms evidence a transaction involving interstate commerce. Interpretation and enforcement of this Section 15 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

16. General

16.1 Changes to these Terms

We may revise these Terms from time to time. If we make a material change we will notify you by email or a prominent notice on the website. Material changes take effect no earlier than 30 days after posting (or such shorter period as required by law). Your continued use of the Services after changes take effect constitutes acceptance.

16.2 Entire agreement

These Terms, together with the Privacy Notice, the SMS Terms, and any session-specific terms referenced on a session page, are the entire agreement between you and Love Performance about the Services.

16.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets without your consent.

16.4 No waiver; severability

Our failure to enforce a provision is not a waiver. If any provision is held unenforceable, the remaining provisions remain in effect.

16.5 Contact

Questions? Email support@loveperformance.com (general) or privacy@loveperformance.com (legal / privacy / arbitration opt-out).