Terms of Service

These terms are between you and James Nunan, doing business as Cold Brew Performance ("Cold Brew Performance," "we" or "us"). They cover Cold Brew Performance online coaching, the Cold Brew Performance iOS app and the coaching portal (together, the "service"). By applying for, paying for or using the service you agree to them. If you don't agree, please don't use the service.

1. The Service

Cold Brew Performance is one-on-one online coaching. Coaching includes individualized training programming delivered in the Cold Brew Performance app; a weekly review of your wearable data (such as Apple Health), the training you log and the notes you leave, which your coach uses to build your next week; a weekly 30-minute 1:1 call; form review on your lifts; and direct access to your coach between calls by text or email. Nutrition guidance is available as an optional add-on, priced separately and quoted per client. Coaching is by application only and capacity is limited.

You must be 18 or older to use the service.

2. Not Medical Advice

Your coach is a fitness professional, not a physician, dietitian or other licensed healthcare provider. Nothing provided through the service, including programs, nutrition guidance, call discussions and comments on your data, is medical advice or a diagnosis or treatment of any condition. Wearable data is reviewed to guide your training, not to monitor your health.

Consult your doctor before starting any exercise or nutrition program, especially if you have a medical condition, an injury, take medication or are pregnant. Stop exercising and seek medical attention if you feel pain, dizziness, shortness of breath or chest discomfort. In an emergency, call 911 or your local emergency number.

3. Assumption of Risk and Release

Exercise carries an inherent risk of injury. You choose how and where you train, and you are responsible for training safely, using equipment properly and following your doctor's advice. To the extent permitted by law, you accept these risks.

To the fullest extent permitted by law, you release James Nunan and Cold Brew Performance from any claims for injury, illness, death or loss arising from your participation in the service or any training you do, including claims based on ordinary negligence. This release does not cover gross negligence or intentional misconduct.

4. Results Vary

Client results shown on this website are real but individual. Your results depend on your starting point, consistency, sleep, nutrition, health and other factors outside our control. We do not guarantee any specific outcome, including weight loss, muscle gain or changes to any health marker.

5. Fees and Billing

Coaching costs $600 per month, billed monthly through Stripe. Your card is charged on your first official day of coaching (the start date we set after your application is accepted) and on that same day of each month after that. The minimum term is one month. Your coaching renews automatically each month, and your card is charged on your renewal date until you cancel as described in section 6. If a payment fails, coaching and app access are paused until payment goes through. Add-on services, such as nutrition guidance, are quoted individually and billed in addition to the monthly coaching fee. Prices may change for future billing periods; we will tell you in advance and you can cancel before a new price applies. The Cold Brew Performance iOS app is free to download; access to coaching features requires an active coaching engagement.

6. Cancellation

To cancel, email james@coldbrewperformance.com at least 7 days before your next renewal date. Your coaching and access to the app and portal end the day before that renewal date, and you will not be charged again.

7. Refunds

There are no refunds. Fees paid are non-refundable, except as described in section 11.

8. Your Responsibilities

• Give accurate information about your health, injuries, medications and training
• Tell your coach promptly about any new injury, symptom or change in your health
• Keep your app and portal login private
• Use the service for your own coaching only

9. Your Data

How we collect, store and protect your information, including Apple Health data, is described in our Privacy Policy.

10. Intellectual Property

Programs, written materials and app content are provided for your personal use while you are a client and may not be resold or redistributed.

11. Ending the Service

We may decline an application or end a coaching engagement. If we end your coaching early through no fault of your own (for example, if coaching is no longer a good fit or for the coach's own reasons), we will refund the unused days of your current paid period. If you breach these terms (for example, through abusive conduct or nonpayment), your access ends immediately and no refund is given.

12. Limitation of Liability

To the extent permitted by law, Cold Brew Performance's total liability for any claim related to the service is limited to the fees you paid in the 3 months before the claim. This limit does not apply to liability for gross negligence or intentional misconduct, or to any other liability that cannot be limited under applicable law. These terms are governed by the laws of the State of Maryland, and any dispute will be resolved in the state or federal courts located in Maryland.

13. Changes to These Terms

If we make material changes, we will email active clients and update the effective date at the top of this page. Continuing to use the service after we notify you of changes means you accept the updated terms. Changes don't apply retroactively to disputes that arose before them.

14. General

If any part of these terms is found to be unenforceable, the rest of these terms still applies. These terms and our Privacy Policy are the entire agreement between you and Cold Brew Performance about the service.

15. Contact

James Nunan, doing business as Cold Brew Performance
Email: james@coldbrewperformance.com
Web: coldbrewperformance.com