Terms of service

TERMS OF SERVICE

Last Updated: September 20, 2026

SECTION 1 — OVERVIEW AND ACCEPTANCE

1.1 Agreement. This website and online store are operated by DEFYNE PERFORMANCE (“DEFYNE PERFORMANCE,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of:

(a) www.defyneperformance.com;
(b) customer accounts and online-store features;
(c) physical and digital products;
(d) fitness coaching, consultations, subscriptions, and programs; and
(e) all related content and services we provide;

collectively, the “Services.”

1.2 Acceptance. By accessing the website, creating an account, placing an order, booking a consultation, downloading digital content, enrolling in coaching, purchasing a subscription, or otherwise using the Services, you agree to:

(a) these Terms;
(b) our Privacy Policy;
(c) our Refund Policy;
(d) our Shipping Policy;
(e) our Subscription Policy, where applicable; and
(f) any product-specific or service-specific terms disclosed before purchase.

If you do not agree, do not access or use the Services.

1.3 Shopify. Our online store is hosted by Shopify Inc., which provides the ecommerce platform that enables us to offer products and Services.

SECTION 2 — ELIGIBILITY AND MINORS

2.1 Age Requirement. You must be the age of majority in your province, territory, state, or country of residence to purchase or independently use the Services.

2.2 Minors. If you are under the age of majority:

(a) a parent or legal guardian must authorize your participation;
(b) the parent or guardian must agree to these Terms on your behalf; and
(c) the parent or guardian is responsible for supervising your use of the Services.

2.3 Additional Requirements. Certain fitness, coaching, or training Services may have additional age, health, or eligibility requirements disclosed before purchase or enrolment.

2.4 Lawful Use. You must not use the Services for an illegal, fraudulent, abusive, or unauthorized purpose.

SECTION 3 — HEALTH, FITNESS, AND MEDICAL DISCLAIMER

3.1 General Information. DEFYNE PERFORMANCE provides general fitness, exercise, nutrition, lifestyle, educational, and motivational information.

3.2 No Medical Care. The Services are not medical care and are not a substitute for:

(a) medical diagnosis or treatment;
(b) physiotherapy;
(c) mental-health care;
(d) dietetic care; or
(e) advice from a physician or other qualified healthcare professional.

3.3 Professional Consultation. Before beginning or changing an exercise, nutrition, supplement, or wellness program, you should consult an appropriate healthcare professional, particularly if you:

(a) are pregnant or postpartum;
(b) take prescription medication;
(c) have an injury, illness, disability, or medical condition;
(d) have cardiovascular, respiratory, metabolic, neurological, or musculoskeletal concerns;
(e) have a history of disordered eating; or
(f) have concerns about your ability to participate safely.

3.4 Client Responsibilities. You are responsible for:

(a) providing accurate information about relevant health conditions and limitations;
(b) following professional medical advice;
(c) using suitable equipment and proper form;
(d) selecting a safe exercise environment;
(e) exercising within your abilities; and
(f) stopping activity if you experience pain, dizziness, faintness, unusual shortness of breath, or other concerning symptoms.

3.5 Emergencies. Never disregard professional medical advice because of information provided by DEFYNE PERFORMANCE. Seek immediate medical assistance when necessary.

3.6 Assumption of Ordinary Risk. To the maximum extent permitted by law, you knowingly and voluntarily accept the ordinary risks associated with exercise and physical activity.

3.7 Non-Excludable Liability. Nothing in these Terms excludes liability that cannot legally be excluded, including liability arising from gross negligence, wilful misconduct, or mandatory consumer-protection obligations.

SECTION 4 — NO GUARANTEE OF RESULTS

4.1 Individual Results. Health, fitness, body-composition, strength, performance, and lifestyle results vary between individuals.

4.2 Contributing Factors. Results may depend on factors outside our control, including:

(a) effort and consistency;
(b) health and genetics;
(c) nutrition and hydration;
(d) sleep and stress;
(e) medication;
(f) environment; and
(g) adherence to the program.

4.3 No Promised Outcome. DEFYNE PERFORMANCE does not guarantee:

(a) weight loss;
(b) muscle gain;
(c) physical transformation;
(d) improved health or athletic performance;
(e) financial or business results; or
(f) any other specific outcome.

4.4 Testimonials. Reviews, testimonials, before-and-after photographs, transformation images, examples, and past client results are illustrative only and do not guarantee that another customer will achieve the same or similar results.

SECTION 5 — COACHING, CONSULTATIONS, AND BOOKINGS

5.1 Service Details. The scope, duration, price, deliverables, communication methods, response times, availability, and requirements of a coaching or consultation Service are those:

(a) displayed on the applicable product or booking page;
(b) presented at checkout;
(c) included in the order confirmation; or
(d) agreed to in a separate written agreement.

5.2 Client Participation. You are responsible for:

(a) providing complete and accurate information;
(b) participating in good faith;
(c) completing agreed check-ins where applicable; and
(d) communicating relevant limitations or concerns.

5.3 No Professional Relationship. Coaching does not create a:

(a) physician-patient relationship;
(b) therapist-client relationship;
(c) dietitian-client relationship;
(d) fiduciary relationship;
(e) employment relationship;
(f) partnership; or
(g) agency relationship.

5.4 Booking Rules. Booking, cancellation, rescheduling, missed-session, and late-arrival rules displayed on the booking page, product page, checkout, confirmation email, service agreement, or Refund Policy form part of these Terms.

5.5 Missed Appointments. Unless required by law or expressly stated otherwise:

(a) a missed appointment may be treated as used;
(b) a late cancellation may be non-refundable; and
(c) arriving late may reduce the available appointment time.

5.6 Cancellations by DEFYNE PERFORMANCE. We may reschedule or cancel a session because of:

(a) illness or emergency;
(b) technical failure;
(c) non-payment;
(d) abusive or inappropriate conduct;
(e) safety concerns; or
(f) circumstances beyond our reasonable control.

If we cancel a paid session and cannot reasonably reschedule it, we will provide a credit or refund for the affected undelivered session, as applicable.

5.7 Suspension or Termination. We may suspend or terminate coaching where a client:

(a) fails to pay an amount when due;
(b) repeatedly misses appointments;
(c) provides materially false information;
(d) engages in threatening, discriminatory, abusive, or inappropriate conduct;
(e) misuses coaching materials;
(f) creates a safety risk; or
(g) materially violates these Terms.

Termination does not eliminate amounts already owed.

SECTION 6 — PROGRESS INFORMATION AND TRANSFORMATION PHOTOS

6.1 Coaching Purpose. Progress photographs, videos, measurements, check-ins, messages, health information, and related materials submitted through a coaching app or sent to a coach are collected primarily to provide coaching Services.

6.2 No Automatic Promotional Consent. Uploading or sending coaching materials does not, by itself, authorize DEFYNE PERFORMANCE to use them publicly in:

(a) advertisements;
(b) paid promotions;
(c) testimonials;
(d) social-media posts;
(e) email marketing; or
(f) other public marketing.

6.3 Separate Media Consent. DEFYNE PERFORMANCE may use identifiable progress or transformation materials publicly only after the client provides separate, express written or electronic consent through a media release.

6.4 Voluntary Consent. Promotional consent:

(a) is voluntary;
(b) is not required to receive coaching; and
(c) may be limited to particular materials, platforms, or uses.

6.5 Available Permissions. A media release may allow the client to authorize one or more of the following:

(a) before-and-after photographs;
(b) progress photographs or videos;
(c) images with the client’s face visible;
(d) images with the client’s face concealed or cropped;
(e) written or recorded testimonials;
(f) the client’s first name, full name, initials, or anonymous description;
(g) a social-media username;
(h) measurements or general transformation information;
(i) website publication;
(j) organic social-media posts;
(k) email marketing;
(l) printed promotional materials; and
(m) paid digital advertising.

Only authorized uses are permitted.

6.6 Promotional Licence. When promotional consent is given, the client grants DEFYNE PERFORMANCE a non-exclusive, royalty-free licence to:

(a) reproduce;
(b) crop and resize;
(c) format;
(d) combine with graphic elements;
(e) publish;
(f) display; and
(g) distribute;

the specifically authorized materials for the approved promotional purposes.

6.7 Accurate Representation. DEFYNE PERFORMANCE will not:

(a) materially alter an image in a misleading manner;
(b) falsely represent a client’s results; or
(c) knowingly make unsupported health, fitness, or performance claims.

6.8 Compensation. Unless separately agreed in writing, no payment, royalties, or other compensation will be owed for a promotional use specifically authorized by the client.

6.9 Withdrawal of Consent. A client may withdraw promotional consent for future use by contacting defyneperformance@gmail.com.

Following withdrawal:

(a) DEFYNE PERFORMANCE will stop new promotional uses;
(b) we will remove existing digital materials under our control within a reasonable period where reasonably possible;
(c) we are not required to recall printed materials already distributed; and
(d) we are not required to undo advertising or publications already lawfully completed before withdrawal.

6.10 Coaching Access. Refusing or withdrawing promotional consent will not affect the client’s eligibility for coaching.

6.11 Ownership. Nothing in this section transfers ownership of a client’s original photographs or videos to DEFYNE PERFORMANCE.

SECTION 7 — DIGITAL PRODUCTS AND LICENSING

7.1 Licence. Digital products, including guides, programs, plans, templates, videos, downloads, and coaching resources, are licensed rather than sold.

7.2 Permitted Use. You receive a limited, personal, revocable, non-exclusive, and non-transferable licence to use purchased digital products for your own non-commercial purposes.

7.3 Prohibited Distribution. You must not:

(a) reproduce digital content for another person;
(b) share account credentials or download links;
(c) forward, upload, publish, or distribute the materials;
(d) resell, sublicense, or commercially exploit the materials;
(e) modify the materials for redistribution;
(f) use the materials to create a competing product or service; or
(g) make the materials available through file-sharing services, groups, social media, or public websites.

7.4 Technical Requirements. You are responsible for maintaining a compatible device, suitable software, internet access, and secure login credentials.

7.5 Digital Refunds. Because digital content may be supplied immediately, purchases of accessed, downloaded, or delivered digital products are final and non-refundable except where:

(a) the product is defective;
(b) the product was not delivered;
(c) our Refund Policy permits a refund; or
(d) applicable law requires a refund.

SECTION 8 — SUBSCRIPTIONS AND RECURRING PAYMENTS

8.1 Authorization. By purchasing a subscription, membership, or recurring coaching Service, you authorize your selected payment method to be charged at the price and frequency disclosed at checkout.

8.2 Applicable Terms. Any trial, billing frequency, introductory price, minimum commitment, renewal period, cancellation deadline, pause option, or price-change rule disclosed at checkout or in our Subscription Policy forms part of these Terms.

8.3 Cancellation. You may cancel using the method described in the Subscription Policy or through an available customer or subscription account.

8.4 Effect of Cancellation. Subscription cancellation is governed by our Purchase Options Cancellation Policy and any fixed-term coaching agreement accepted before enrolment. Depending on the applicable plan, cancellation may include an initial full-refund period, a 30-day pending-cancellation period, two final biweekly payments, and a 20% early-cancellation fee calculated on the remaining agreement balance. Cancellation does not automatically refund charges or Services already provided, except where required by law.

8.5 Failed Payments. If a recurring payment fails, we may:

(a) retry the payment;
(b) request an updated payment method;
(c) suspend access; or
(d) cancel the subscription.

SECTION 9 — PRODUCTS, ORDERS, AND AVAILABILITY

9.1 Changes. Product descriptions, photographs, colours, specifications, availability, quantities, and prices may change without notice.

9.2 Display Variations. We make reasonable efforts to display products accurately, but device displays and physical products may vary.

9.3 Order Decisions. Subject to applicable law, we may:

(a) correct errors;
(b) update information;
(c) limit quantities;
(d) reject or cancel orders; or
(e) discontinue an offering.

9.4 Cancelled Orders. If we cancel a paid order, we will refund the amount charged for the cancelled item or Service.

9.5 Order Confirmation. An order confirmation acknowledges receipt of an order and does not necessarily constitute acceptance.

9.6 Refusal Grounds. We may refuse orders that appear:

(a) fraudulent or unauthorized;
(b) abusive or unlawful;
(c) intended for unauthorized resale;
(d) affected by an obvious error;
(e) contrary to these Terms; or
(f) beyond available inventory or service capacity.

SECTION 10 — PRICES, TAXES, AND PAYMENTS

10.1 Displayed Currency. Prices are presented in the currency displayed at checkout.

10.2 Additional Charges. Prices may exclude applicable:

(a) taxes;
(b) duties;
(c) shipping charges;
(d) brokerage costs; or
(e) currency-conversion fees.

10.3 Payment Authorization. You authorize DEFYNE PERFORMANCE and its payment providers to charge the amount shown at checkout to your selected payment method.

10.4 Billing Concerns. If you believe a charge is incorrect, contact us promptly so we can attempt to resolve it. This does not limit a lawful right to dispute an unauthorized or incorrect charge.

SECTION 11 — SHIPPING, DELIVERY, RETURNS, AND REFUNDS

11.1 Delivery Estimates. Shipping and delivery dates are estimates unless applicable law provides otherwise.

11.2 Delays. Delays may occur because of:

(a) shipping carriers;
(b) customs;
(c) weather or emergencies;
(d) incorrect addresses;
(e) supply interruptions; or
(f) circumstances beyond our reasonable control.

11.3 International Orders. International customers are responsible for applicable customs duties, import taxes, restrictions, and brokerage fees unless checkout states otherwise.

11.4 Applicable Policies. Returns, exchanges, refunds, damaged shipments, missing shipments, and cancellations are governed by our Refund Policy and Shipping Policy.

SECTION 12 — PROMOTIONS AND FREE OFFERS

12.1 Additional Rules. Promotions, giveaways, contests, discount codes, free products, and limited-time offers may be subject to additional requirements and expiry dates.

12.2 Restrictions. Unless stated otherwise, promotional offers:

(a) cannot be combined;
(b) cannot be redeemed for cash;
(c) cannot be applied retroactively;
(d) cannot be resold; and
(e) remain subject to availability.

12.3 Misuse. We may reject automated redemption, duplicate claims, fraud, or other misuse.

SECTION 13 — INTELLECTUAL PROPERTY

13.1 Ownership. DEFYNE PERFORMANCE or its licensors own the website and Services, including:

(a) names and branding;
(b) logos;
(c) photographs and videos;
(d) graphics and written content;
(e) workouts and programs;
(f) coaching systems and methods;
(g) downloads and templates; and
(h) educational materials.

13.2 Restrictions. Without written permission, you may not reproduce, distribute, sell, publish, modify, publicly display, or commercially exploit our intellectual property.

13.3 Branding. You may not use DEFYNE PERFORMANCE branding in a manner that suggests an unauthorized endorsement, sponsorship, partnership, or affiliation.

SECTION 14 — REVIEWS AND USER CONTENT

14.1 Representations. If you submit a public review, testimonial, comment, photograph, video, or other content (“User Content”), you confirm that:

(a) you own or control the required rights;
(b) the content is accurate to the best of your knowledge;
(c) the content does not violate another person’s rights; and
(d) the content is not fraudulent, defamatory, threatening, obscene, or unlawful.

14.2 Public Content Licence. For ordinary public reviews or social-media content voluntarily submitted for publication, you grant DEFYNE PERFORMANCE a non-exclusive, worldwide, royalty-free licence to host, reproduce, format, and display that content.

14.3 Private Coaching Content. Private check-ins, health information, progress photographs, and unpublished transformation materials remain governed by Section 6 and are not automatically authorized for promotion.

14.4 Moderation. We may decline, moderate, or remove User Content that violates these Terms.

SECTION 15 — THIRD-PARTY SERVICES

15.1 Providers. The Services may use third parties, including:

(a) Shopify;
(b) payment processors;
(c) shipping carriers;
(d) social-media platforms;
(e) booking and video platforms; and
(f) Trainerize or other coaching software.

15.2 Third-Party Terms. Third-party services are governed by their own terms and privacy practices.

15.3 Independent Conduct. To the extent permitted by law, DEFYNE PERFORMANCE is not responsible for losses caused solely by the independent acts or omissions of third-party providers.

SECTION 16 — PRIVACY AND COMMUNICATIONS

16.1 Privacy Policy. Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy.

16.2 Transactional Communications. By providing contact information, you agree to receive communications concerning:

(a) orders;
(b) appointments;
(c) subscriptions;
(d) account security;
(e) safety; and
(f) customer service.

16.3 Marketing. Marketing messages will only be sent as permitted by applicable law. You may unsubscribe using the method included in the message.

SECTION 17 — PROHIBITED USES

17.1 Restrictions. You must not use the Services to:

(a) violate a law or regulation;
(b) infringe intellectual-property, privacy, publicity, or other rights;
(c) impersonate another person;
(d) submit false information;
(e) harass, threaten, abuse, defame, or discriminate;
(f) transmit malware;
(g) spam, phish, scrape, or collect information without authorization;
(h) bypass security controls;
(i) interfere with the Services;
(j) share or resell protected content; or
(k) build a competing commercial product using our protected materials.

SECTION 18 — SUSPENSION AND TERMINATION

18.1 Service Changes. We may update, suspend, restrict, or discontinue parts of the Services.

18.2 Undelivered Services. If we permanently discontinue a paid Service before delivery, we will provide any remedy required by law and, where appropriate, a credit or proportionate refund.

18.3 Termination Grounds. We may suspend or terminate access for:

(a) a material breach of these Terms;
(b) fraud or unlawful conduct;
(c) non-payment;
(d) threatening or abusive behaviour;
(e) safety risks; or
(f) intellectual-property infringement.

SECTION 19 — DISCLAIMERS

19.1 Availability. To the maximum extent permitted by law, the website, content, and Services are provided “as is” and “as available.”

19.2 No Technical Guarantee. We do not guarantee that the Services will be uninterrupted, secure, error-free, or appropriate for every person.

19.3 Consumer Rights. Nothing in these Terms limits a statutory warranty, consumer guarantee, remedy, or other right that cannot legally be waived.

SECTION 20 — LIMITATION OF LIABILITY

20.1 Excluded Damages. To the maximum extent permitted by law, DEFYNE PERFORMANCE and its owners, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages.

20.2 Maximum Liability. To the maximum extent permitted by law:

(a) liability concerning a paid product or Service will not exceed the amount paid for that product or Service during the twelve months preceding the event giving rise to the claim; and
(b) liability concerning a free product or Service will not exceed CAD $100.

20.3 Exceptions. These limitations do not apply where prohibited by law, including where liability cannot be excluded for:

(a) fraud;
(b) wilful misconduct;
(c) gross negligence;
(d) death or personal injury caused by negligence; or
(e) mandatory consumer rights.

SECTION 21 — INDEMNITY

21.1 Customer Indemnity. To the maximum extent permitted by law, you agree to indemnify DEFYNE PERFORMANCE against third-party claims and reasonable legal costs arising from:

(a) your unlawful use of the Services;
(b) your material breach of these Terms;
(c) your User Content;
(d) your infringement of another person’s rights; or
(e) your unauthorized distribution of protected materials.

21.2 Exception. You are not required to indemnify DEFYNE PERFORMANCE for our own negligence, wilful misconduct, or violation of law.

SECTION 22 — EVENTS BEYOND REASONABLE CONTROL

22.1 Force Majeure. We are not responsible for a delay or failure caused by circumstances beyond our reasonable control, including:

(a) severe weather or natural disaster;
(b) fire or flood;
(c) epidemic;
(d) labour disruption;
(e) shipping interruption;
(f) power or internet failure;
(g) cyberattack;
(h) government action; or
(i) third-party platform failure.

22.2 Mandatory Remedies. This section does not eliminate refunds or remedies required by law.

SECTION 23 — GOVERNING LAW AND DISPUTES

23.1 Governing Law. These Terms are governed by the laws of Manitoba and the federal laws of Canada applicable in Manitoba.

23.2 Informal Resolution. Before commencing formal proceedings, both parties agree to make a reasonable, good-faith effort to resolve the dispute through written notice and discussion for at least 30 days, unless:

(a) urgent relief is reasonably required; or
(b) a limitation period is about to expire.

23.3 Jurisdiction. Subject to applicable consumer-protection law, courts located in Manitoba will have jurisdiction.

23.4 Consumer Remedies. Nothing prevents a consumer from using a regulator, complaint process, small-claims procedure, or court available under mandatory law in the consumer’s home jurisdiction.

SECTION 24 — GENERAL TERMS

24.1 Severability. If a provision is invalid or unenforceable, it will be limited or removed to the minimum extent necessary. The remaining provisions will continue in effect.

24.2 No Waiver. Our failure to enforce a provision does not waive that provision.

24.3 Assignment. You may not transfer your rights or obligations without our written consent. We may transfer our rights and obligations as part of a merger, reorganization, financing, or sale of assets, subject to law.

24.4 Entire Agreement. These Terms, incorporated policies, and applicable product-specific or service-specific terms form the complete agreement concerning the Services.

24.5 Separate Agreements. If a separately signed coaching or service agreement directly conflicts with these Terms, the signed agreement controls for that particular Service.

SECTION 25 — CHANGES TO THESE TERMS

25.1 Updates. We may update these Terms by posting a revised version and changing the “Last Updated” date.

25.2 Material Changes. Where required by law, or where a change materially affects an existing paid subscription or Service, we will provide additional notice.

25.3 Effective Date. Changes apply from their effective date. Continued use after that date constitutes acceptance to the extent permitted by law.

SECTION 26 — CONTACT INFORMATION

26.1 Contact. Questions, complaints, notices, or requests concerning these Terms may be sent to:

DEFYNE PERFORMANCE
Email: defyneperformance@gmail.com
Website: https://www.defyneperformance.com

26.2 Required Information. Please include:

(a) your name;
(b) your order number, where applicable; and
(c) sufficient information for us to understand and respond to your concern.