Please read these Terms of Service carefully before using any services, platforms, or programs operated by The Performance Club. By submitting an application, booking a session, signing a coaching agreement, using our website, or accessing our app, you agree to be bound by these Terms in their entirety.
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and The Performance Club, operated by Ana Caccavale (“TPC,” “we,” “us,” or “our”), a business operating in Miami, Florida.
By accessing our website at anacaccavale.com, submitting an application, signing a coaching agreement, making a payment, or using any TPC platform, product, or service, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable policies incorporated herein by reference, including the Privacy Policy, Health & Medical Disclaimer, Results Disclaimer, and Payment & Cancellation Policy.
If you do not agree to these Terms, you must not access or use any TPC services.
The Performance Club offers application-only, performance-focused coaching services including but not limited to:
Services are delivered through a combination of direct coaching sessions, digital platforms, a proprietary app, email communication, and third-party tools including but not limited to Google Calendar, HubSpot, and Firebase. TPC reserves the right to modify, update, or discontinue any service offering at any time with reasonable notice to active clients.
Access to TPC services is not open to the general public. All prospective clients must complete an application process, which TPC evaluates at its sole discretion. Submission of an application does not guarantee acceptance into any program.
To be eligible for TPC services, you must:
TPC reserves the right to decline any application, terminate services, or refuse service to any individual at any time for any reason, including but not limited to undisclosed health conditions, dishonesty, conduct unbecoming, or inability to safely participate in the program.
As a TPC client, you agree to:
PLEASE READ THIS SECTION CAREFULLY. BY PARTICIPATING IN ANY TPC PROGRAM, YOU ARE ASSUMING SIGNIFICANT RISKS.
You acknowledge and agree that participation in physical fitness activities, strength training, conditioning programs, and dietary protocols involves inherent risks of injury, illness, or death. These risks exist whether supervised or unsupervised, and whether you are an experienced athlete or a beginner.
Known and foreseeable risks include, but are not limited to:
You voluntarily assume all such risks, known and unknown, and release, waive, discharge, and covenant not to sue The Performance Club, Ana Caccavale, its coaches, employees, agents, contractors, and affiliates (collectively, “Released Parties”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any injury, damage, loss, or expense (including attorney’s fees) that you may suffer or incur as a result of participating in any TPC program, whether caused by the negligence of the Released Parties or otherwise.
This waiver is intended to be as broad and inclusive as permitted by applicable law. If any portion is held invalid, the remainder shall continue in full legal force and effect.
All content, programming, materials, templates, videos, guides, protocols, methodologies, systems, branding, and resources provided by TPC are the exclusive intellectual property of The Performance Club and Ana Caccavale, protected by applicable copyright, trademark, and proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use TPC materials solely for your personal, non-commercial coaching purposes during the term of your active program. You may not:
Violation of this section may result in immediate termination of services and legal action.
TPC treats all client information with strict confidentiality. We will not disclose your personal, health, or program information to third parties except as required by law, as necessary to deliver services (e.g., through our secure technology partners), or with your express written consent.
You agree to maintain the confidentiality of any proprietary TPC information, systems, or methodologies you encounter during your program. This obligation survives termination of services.
TPC reserves the right to terminate services immediately, without refund, if you:
You may terminate your program in accordance with the Payment & Cancellation Policy. Termination does not relieve you of your obligation to pay any outstanding balances due.
By providing your email address and phone number, you consent to receive electronic communications from TPC including program information, scheduling updates, billing notices, and general correspondence. You agree that electronic signatures, agreements, and consents have the same legal effect as handwritten signatures.
Completing and submitting any TPC form, application, or agreement electronically constitutes your legally binding signature and acceptance of the applicable terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF TPC SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL TPC’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO TPC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising under or related to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.
Before initiating any legal action, both parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of thirty (30) days. If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in Miami, FL, with one arbitrator. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
YOU WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
TPC reserves the right to update or modify these Terms at any time. Material changes will be communicated via email to active clients. Continued use of TPC services after notice of changes constitutes acceptance of the updated Terms.
For questions regarding these Terms, contact us at: coachana.info@gmail.com
Last updated: June 2025