Digital Media Terms of Use

Welcome and thank you for visiting our website at garethsandford.com and/or accessing our digital content. The garethsandford.com website (the “Website”) is owned and operated by Gareth Sandford Performance Inc. (“GSPI”), and all digital content made available online by GSPI (the “Digital Content”), whether via the Website or any GSPI-administered social media channels (the “Social Media Channels”), is owned by GSPI, and your use and access thereof is governed by these Digital Media Terms of Use (the “Terms of Use”).

Please read these Terms of Use carefully before using this Website or any Social Media Channel. By accessing or using this Website, you agree and accept these Terms of Use. Please note that we reserve the right to modify these Terms of Use from time to time without any notice to you. As any such modifications are effective upon posting, please visit this page periodically to review these Terms of Use.

1. Not Professional Advice

The Website or Social Media Channels (together referred to herein as the “GSPI Platform”) may contain Digital Content, including information and other media materials, concerning athletic performance. While GSPI takes reasonable measures to ensure the Digital Content is current as of its original date of publication on the Website, the Content is generalized information, provided solely for informational purposes, is not appropriate for individual or specific use without review of a given set of circumstances by GSPI, and not as a substitute for personal training or other professional advice. You agree that GSPI is not engaged in rendering training advice or other forms of advice to you by providing the Digital Content on the Website, and that your access to or use of either the GSPI Platform or Digital Content does not create any sort of professional relationship between you and GSPI. GSPI assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Digital Content. You are advised to seek specific professional advice by contacting us (or another performance trainer) in relation to your specific athletic performance issues.

2. Communications through the Website

In order to avoid potential misunderstandings, if you are not a current client of GSPI and have agreed to our standard Terms of Service, and you communicate with us through the GSPI Platform, please be advised that we are under no obligation to keep confidential your communication, you have hereby granted GSPI a license to use such information for any reason at any time, and waive any claims in association thereof or. Thus, unless you have a pre-existing, documented customer relationship with GSPI, you agree not to communicate any confidential information to us.

3. Ownership of Intellectual Property

All Website design, text, graphics, sound, software, layout, and Digital Content, and the selection and arrangement thereof, are the property of GSPI or its licensors, and are protected by local, national and international copyright, trademark and other intellectual property laws. Except as granted in the limited license below, you agree not to copy, reproduce, republish, translate, transmit, modify, distribute or otherwise exploit the Websites, the Digital Content, or any elements thereof.

4. No License & No Consent

No license to use and Digital Content is granted and should not be inferred by the inclusion of Digital Content in any GSPI Platform. Digital Content is protected by and subject to intellectual property laws and/or data protection laws. No Digital Content may be used in association with any artificial intelligence, machine learning, neural network, or other automated analysis or training set. Any such consent or authorization is hereby withheld.

5. Indemnification

You agree to indemnify GSPI, and its affiliates, together with their respective directors, officers, partners, employees, agents, licensors, and suppliers (collectively, the “Affiliates”), and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) made by a third party due to or arising out of: (i) your access or use of the GSPI Platform, the Digital Content; (ii) your breach of the Terms of Use; or (iii) your violation of any third party rights.

6. Disclaimer of Warranty

GSPI and its Affiliates do not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website. THE WEBSITE, THE CONTENTS AND THE PRODUCTS ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING. GSPI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE DIGITAL CONTENT OR ANY PRODUCTS PURCHASED THROUGH THIS WEBSITE. ANY DIGITAL CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH DIGITAL CONTENT.

7. Limitation of Liability

IN NO EVENT WILL GSPI OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE, THE DIGITAL CONTENT OR ANY PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE, EVEN IF GSPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, GSPI’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO THE WEBSITE, THE CONTENTS OR ANY PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE WILL BE LIMITED TO THE LESSER OF: THE PURCHASE PRICE ACTUALLY PAID BY YOU TO GSPI TO ACCESS OR USE THE WEBSITE, THE CONTENTS OR ANY SUCH PRODUCTS; OR [$10.00]. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.

8. Termination

In our sole discretion, we may elect to cancel or terminate your ability to use the Website, or any parts thereof, at any time without notice to you.

9. General

These Terms of Use is the entire agreement between you and GSPI with respect to the GSPI Platform, and the Digital Content. All references in these Terms of Use, the GSPI Platform, or the Digital Content to “GSPI”, “the firm”, “we”, “us”, “our” and like terms should be interpreted to mean GSPI. The insertion of headings herein is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under these Term of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

10. Choice of Law

This Website is controlled, operated and administered by GSPI from within the Province of Alberta, Canada. By accessing the Website, you acknowledge and agree that all matters relating to your access to or use of the Website is be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). You hereby submit to the non-exclusive jurisdiction of the courts of the Province of British Columbia with respect to all matters relating to these Terms of Use and your access and use of the GSPI Platform, the Digital Content or the Products.

11. Language

The parties have expressly required that these Terms of Use and all documents relating thereto drawn up in the English language. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

12. Survival

Sections 3 to 7 and 9 to 12, will survive any termination of these Terms of Use by either party for any reason.

13. Currency

These Terms of Use are effective as of October 20, 2025.