Terms of Service

1. About these Terms

These Terms of Service apply to your use of this website and to the personal training services offered by Performa, operated by Guilherme Mello in Kitchener-Waterloo-Cambridge, Ontario, Canada. By using this website or booking our services, you agree to these Terms. If you become a client, you will also sign a service agreement. If the two conflict, your signed service agreement prevails.

2. Our services

Performa offers personal training, including a free introductory interview, a movement and posture assessment, personalized periodized training programs and ongoing support. Services may be delivered in person (at your building's gym, a public space or another agreed location in the Kitchener-Waterloo-Cambridge area) and online through the Everfit app and messaging.

3. Not medical advice

Our services are fitness coaching, not medical care. We do not diagnose, treat or cure any condition, and nothing we say replaces advice from your physician, physiotherapist or other health professional. Before you start, you must complete a health screening (the PAR-Q+) honestly and completely, and consult your physician if the screening or your circumstances call for it. You must tell us right away about any injury, illness, pregnancy, medication change or other change in your health. We may adjust, pause or decline training if we believe it is not safe.

Stop exercising and seek medical attention if you feel pain, dizziness, chest discomfort or unusual shortness of breath. In an emergency, call 911.

4. Risks and your responsibility

Exercise carries inherent risks, including injury. You choose to take part voluntarily and agree to train within your own limits, follow instructions, use equipment properly and respect the rules of any facility we use. Where we train at your building or in a public space, you are responsible for your access and for following the rules of that location. To the extent permitted by law, Performa is not responsible for injuries or losses arising from your participation, including those resulting from inaccurate information you gave us or from training you do on your own. Nothing in these Terms limits any liability that cannot be limited by law, or any rights you have under Ontario consumer protection law.

5. Bookings, payment and cancellations

Fees, billing, renewals, cancellation notice, late arrivals and missed sessions are set out in your service agreement. Payments are made by Interac e-Transfer unless we agree otherwise. Please schedule and reschedule through our official channels (the Everfit app or WhatsApp).

6. No guarantee of results

Results depend on many factors, including your health, consistency, sleep, nutrition and stress. We do not guarantee any particular outcome. Testimonials reflect individual experiences and do not predict your results.

7. Programs and content

Your training programs, documents and other materials we provide, as well as the content of this website, belong to Performa and are provided for your personal, non-commercial use only. You may not copy, resell, share or publish them without our written permission. Please keep your app login private.

8. Communication

We provide support by WhatsApp, phone, email or the Everfit app during business hours. These channels are not for emergencies.

9. Clients under 18

Clients under 18 need the written consent of a parent or legal guardian, who is responsible for making sure the information provided is accurate.

10. Suspension and ending services

We may suspend or end services if payments are not made, if you give inaccurate health information, or if conduct is unsafe or disrespectful. You may cancel according to your service agreement.

11. Limitation of liability

To the maximum extent permitted by law, Performa is not liable for indirect or consequential losses arising from your use of this website or our services.

12. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there.

13. Changes

We may update these Terms from time to time. The "Last updated" date shows the latest version. If you keep using the website or our services after a change, you accept the updated Terms.

14. Contact

Guilherme Mello, Performa
gcmello.can@gmail.com | (226) 978-6898
Kitchener-Waterloo-Cambridge, Ontario, Canada