Last updated: May 1, 2026. These Terms are a binding contract. Have them reviewed by legal counsel for your situation.
These Terms of Service (“Terms”) govern access to engageperformance.com and any subdomains (the “Site”), and the purchase and delivery of online coaching, performance, and nutrition education services (“Services”). By using the Site, creating an account, booking a consultation, or completing a purchase, you agree to these Terms. If a separate written coaching agreement, order form, or statement of work is signed, that document controls where it conflicts with these Terms.
1. The parties; governing law
The Site and Services are operated by Engage Health Labs LLC, an Arizona limited liability company (“Company,” “we,” “us,” or “our”). Engage Performance is a trade name of Engage Health Labs LLC. Principal: Kevin Gordon. Business address: 3219 E Camelback Rd #400, Phoenix, AZ 85018. These Terms are governed by the laws of the State of Arizona, excluding conflict-of-law rules, except where preempted by United States federal law.
2. Not medical advice; assumption of risk
Services are educational and coaching in nature. They are not medical advice, physical therapy, dietetic treatment, mental health treatment, or a substitute for care from a licensed healthcare provider. You are responsible for obtaining clearance from a qualified physician or clinician where appropriate. Physical activity involves inherent risk; you voluntarily assume risks associated with exercise and nutrition changes except to the extent caused by our gross negligence or willful misconduct where such limitation is permitted by law.
3. Eligibility
You represent that you are at least eighteen (18) years old and legally able to enter into a binding contract. If you purchase on behalf of an organization, you represent you have authority to bind that organization. We may refuse or discontinue Services where safety, scope, legal compliance, or abusive conduct warrants doing so.
4. Orders, pricing, payment, and subscriptions
Descriptions and prices on the Site are invitations to offer unless stated otherwise. We may accept or decline orders; we will refund duplicate technical charges at our discretion as described in our Refund policy. You authorize us and our payment processors (for example, card networks, banks, WooCommerce, Stripe, PayPal, or other processors we enable) to charge your selected payment method for amounts shown at checkout, including applicable taxes and fees presented before you pay.
Recurring billing: If you purchase a subscription or recurring retainer, you authorize recurring charges at the stated interval until you cancel in accordance with the cancellation instructions presented at checkout or in your account. Cancelling stops future renewals; amounts already charged for the current period are governed by our Refund policy.
You agree to provide current, complete, and accurate billing information. You are responsible for all charges on your account until properly terminated. If any charge fails, we may suspend Services until payment is received.
5. Refunds
Our fees are generally non-refundable. Full details, including statutory exceptions and dispute procedures, are in our Refund policy, which is incorporated into these Terms by reference.
6. How Services are delivered
Services are delivered remotely unless otherwise agreed in writing (for example, video sessions, messaging, shared documents, email, and training platforms). Timing, channels, and turnaround expectations are described on the Site and in your coaching agreement where applicable. For a plain-language overview, see our Service delivery page.
7. Communications
You consent to receive transactional notices, service messages, and (where you opt in) marketing communications at the email or phone number you provide. Standard carrier fees may apply to SMS if used.
8. Acceptable use
- No unlawful, harassing, discriminatory, or threatening behavior toward staff or other clients.
- No attempt to breach, scrape, overload, or interfere with the Site or third-party tools we use.
- No sharing of login credentials or redistribution of paid materials outside your permitted license.
- No use of the Site or Services to transmit malware or harvest data without authorization.
9. Intellectual property
All content on the Site and materials we provide (programming templates, documents, videos, branding, and markup) are owned by us or our licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use materials solely for your personal, non-commercial training during the engagement—no resale, public distribution, or use to coach third parties without written permission.
10. Third-party services
We use third-party hosting, analytics, scheduling, email, and payment services. Their terms and privacy policies apply to their handling of data. We are not responsible for outages or actions of third parties outside our reasonable control.
11. Disclaimer of warranties
To the maximum extent permitted by law, the Site and Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation or specific athletic or health outcomes.
12. Limitation of liability
To the maximum extent permitted by law, our aggregate liability arising out of or relating to the Site or Services shall not exceed the greater of (a) the amounts you paid us for the Services giving rise to the claim during the twelve (12) months before the claim arose, or (b) one hundred U.S. dollars (USD $100). We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, data, or goodwill, except where such limitations are prohibited by law.
13. Indemnity
You will defend, indemnify, and hold harmless Engage Health Labs LLC, Engage Performance, and our officers, contractors, and agents from third-party claims, damages, and expenses (including reasonable attorneys’ fees) arising from your use of the Site or Services, your violation of these Terms, or your violation of law or third-party rights—except to the extent caused by our willful misconduct.
14. Dispute resolution; arbitration (United States)
If you are located in the United States, the parties will first attempt to resolve disputes informally for thirty (30) days after written notice. If not resolved, disputes shall be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may seek injunctive relief in court for intellectual property or misuse of confidential information. Class actions and class arbitrations are waived to the fullest extent permitted. You may opt out of arbitration within thirty (30) days of first accepting these Terms by emailing a clear notice to engagebiosupplements@gmail.com with your name and statement of opt-out.
If arbitration is not enforceable for a given claim, you and we consent to exclusive jurisdiction and venue in the state or federal courts located in Maricopa County, Arizona, unless applicable law requires otherwise.
15. International users
If you access the Site from outside the United States, you are responsible for compliance with local laws. Data may be processed in the United States and other countries as described in our Privacy Policy.
16. Changes
We may modify these Terms. We will post the updated Terms on this page and update the “Last updated” date. For material changes affecting paid Services, we will provide reasonable notice where required by law. Continued use after the effective date constitutes acceptance unless applicable law requires express consent.
17. Miscellaneous
If any provision is held invalid, the remainder remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. These Terms and any incorporated policies constitute the entire agreement regarding the Site and online purchases, excluding a signed coaching agreement that expressly overrides them.
18. Contact
Questions about these Terms: engagebiosupplements@gmail.com or (720) 370-0181. For legal notices, mail to Engage Health Labs LLC, Attn: Legal, 3219 E Camelback Rd #400, Phoenix, AZ 85018.