Terms of Use

These Terms of Use (“Terms”) govern your use of figperformance.com (the “Site”), operated by Train With Dan Inc. dba Fig Performance (“Fig Performance,” “we,” “us”), 1284 E. Yorba Linda Blvd, Placentia, CA 92870. By using the Site, you agree to these Terms. If you don’t agree, please don’t use the Site.

1. Using the Site

The Site provides information about Fig Performance and lets you request a free consult. You agree to use it only for lawful purposes and to give accurate information when you contact us. Don’t try to disrupt, hack, scrape, or misuse the Site or its forms, or submit someone else’s information without their permission.

2. No medical advice

Content on the Site is general information only. It is not medical advice and is not a substitute for advice from your physician or another qualified health professional. Please read our Health & Fitness Disclaimer before starting any exercise program.

3. Programs, prices, and offers

Programs, prices, class times, hours, promotions, and availability shown on the Site, including membership caps and initiation-fee waivers, may change without notice and are subject to availability. We try to keep the Site accurate, but errors can happen. If a price or detail is wrong, we may correct it. Information on the Site is not an offer that creates a contract.

4. Memberships, training, and classes

Requesting a consult or a tour through the Site does not create a membership, training package, or any obligation to buy. Memberships, personal training sessions, and semi-private classes are governed by the separate written agreement(s) you sign with Fig Performance, including any waiver and facility rules. Billing, cancellation, refunds, rescheduling, and freezes are covered in those agreements, not in these Terms. If these Terms conflict with a signed agreement, the signed agreement controls for those services.

5. Communications

If you submit your phone number, you agree that we may call or text you about your consultation and our services, as described in our Privacy Policy. Message frequency varies. Message and data rates may apply. Reply STOP to opt out, or HELP for help. Consent is not a condition of purchase.

6. Intellectual property

The Site and its content, including the Fig Performance name, logo, “Elevate Your Game” slogan, text, graphics, and design, are owned by or licensed to Train With Dan Inc. and are protected by intellectual property laws. You may view and share pages for personal, non-commercial use. You may not copy, modify, or use our name, logo, or content for commercial purposes without our written permission.

7. Third-party links and services

The Site links to and uses third-party services, such as Google Maps, Instagram, and our form processor. We don’t control those services and aren’t responsible for their content or practices. Their own terms and policies apply.

8. Disclaimer of warranties

The Site is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We don’t guarantee that the Site will be uninterrupted, error-free, or free of harmful components.

9. Limitation of liability

To the fullest extent permitted by law, Fig Performance, Train With Dan Inc., and their owners, employees, and coaches will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Site or its content. Our total liability for any claim relating to the Site is limited to one hundred U.S. dollars ($100). Some jurisdictions don’t allow certain limitations, so some of these may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law. Liability relating to training services is addressed in your signed agreement with Fig Performance.

10. Indemnity

You agree to indemnify and hold harmless Fig Performance and Train With Dan Inc. from claims arising out of your misuse of the Site or your violation of these Terms, to the extent permitted by law.

11. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute relating to the Site will be brought in the state or federal courts located in Orange County, California, unless applicable law requires otherwise.

12. Changes to these Terms

We may update these Terms from time to time by posting a new version on this page and updating the effective date. Your continued use of the Site after a change means you accept the updated Terms.

13. Other terms

If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. These Terms, together with our Privacy Policy and Health & Fitness Disclaimer, are the entire agreement between you and us regarding the Site.

14. Contact us