Terms & Conditions
OUR COMPANY
INFORMATION AND CONTENT
We reserve the right to update the information available on our website. The Athlete acknowledges that the information on the website may not be the most current updates in the relevant industry. Our Company makes an effort to provide quality information by relying on sources known to be accurate and up to date within the industry. We provide information on the grounds of Good Faith and we do not make representations or warranties that any information we provide is reliable, accurate, or complete. Also, we make no guarantees of any specific result from the information provided by our Company. If any loss arises from any action taken by any user while relying on the information on any of our materials, we are not liable in any way shape, or form.
SECURITY OF INFORMATION
We take reasonable steps to preserve the integrity and security of any information related to Brands and Athletes. As a Company, we have not had any data leak issues. Any information communicated in any shape or form by you to us is done so at your own risk, however, we take all necessary steps to maintain its confidentiality. We do not warrant or ensure the security of any information received by us.
THIRD-PARTY CONTENT
We do not accept responsibility for any loss or damage, however, caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions, and conduct of any third party related to our Company. We are not responsible for the products, services, advice, information, actions, or failure to act of any third parties related to our Company. We do not make any guarantee as to the accuracy, completeness, or relevance of content from our third-party sources, therefore, will not accept liability for any damage arising from relying on the information obtained from third parties.
COACHING:
SERVICES
Services offered to you are conditioned on your acceptance without modification of the terms, conditions, and notices contained on our website and all documents required for participation in our Coaching Services herein. Your use of Coaching Services constitutes your agreement to all Terms & Conditions. Read these terms, keep a copy, and file it for your reference. By entering your initials, signature, or ticking the consent box on our checkout forms (Terms & Conditions, Coaching Agreement, Release Waiver, Confidentiality Agreement), you agree to be personally bound by our Terms of Service.
These terms apply to the use of our Website, Coaching Services, Consultations, Brand programs, Sponsorships, and training camps provided by Mauna Endurance. Our training, coaching, advice, and education are for Athletes and people of all levels and abilities.
MEDICAL PROFESSIONAL CONSULTATION
As with any physical activity, before beginning any fitness endeavor the Athlete should consult with a health care professional to avoid any health risks and restrictions appropriate to each individual. If during the course of training the Athlete undergoes unexpected physical changes in regards to their conditions please seek medical help immediately. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness endeavor are responsible to consult with an appropriate healthcare professional and receive their consent before beginning any program or following any information on any source from our Company.
*We do not give any medical advice and no content in any of the materials of Mauna Endurance is intended to be for medical use.
INSURANCES AND COVER
You shall have your own individual health cover provider that will cover any medical expenses, which you may incur. If traveling overseas, you also agree to have International Travel Insurances cover these as well. In-person events such as training camps require that the Athlete obtains insurance coverage prior to arrival at the activity.
COACH REPRESENTATIONS
The Company’s Coaches are not qualified to provide nutrition, strength, conditioning, or sports psychology advice. Any information shared by the Coach should only be used for education purposes, which includes topics such as health, fitness, nutrition, or travel information. They do not provide professional medical advice, diagnosis, treatment, or rehabilitation and may refer the member to seek advice from third-party resources.
PAYMENT METHODS AND SCHEDULE
An athlete must update card information immediately in case of replacement or loss, in all of their payment methods. Failure to make a payment within 5 days past due, will result in a $30 late fee PLUS all past-due payments. After 10 days of the past due charge, Company will proceed to terminate the membership or service purchased. In addition, unpaid amounts shall accrue a monthly interest charge equivalent to 12% annually. An Athlete with unpaid outstanding payments will be reported to Collections.
PAYMENT STRUCTURE
Athletes will incur a $99 USD charge upon initiation of Coaching services for all tiers. If an Athlete decides to cancel the service and re-initiate a coaching program, later on, the initiation charges of $99 USD must be paid again.
An Athlete’s first day will be the ongoing monthly date of payments. The membership charges will continue until service is terminated by either party. who begins service at any time that is not the 1st of any month, will be charged a pro-rated amount before the commencement of full monthly payment upon the 1st of the month following initiation.
UPGRADING AND DOWNGRADING COACHING TIERS
Athletes can downgrade tiers no more than once a year. When downgrading and upgrading, the Athlete will complete the current month in the previous plan before transitioning to a new plan the following month.
FOREIGN USERS/ATHLETES
Our Company is controlled, operated, and administered from our base in the United States of America. If you access or use any service, information, advice, or brand partner discounts from a location outside the USA, you are responsible for compliance with all local laws.
PROGRAM PARTICIPATION REFUND POLICY
Refunds will not be given once a program has begun. No refunds will be given retroactively for missed consultations or classes, nor will they be given due to missed consultations or classes or late arrivals, failure to bring necessary equipment or documentation, or disinterest in the consultation. Participation affected by what is commonly referred to as an “Act of God”, could receive or be provided with a make-up consultation on a case-to-case basis.
CHANGING COACH
Athletes can request a change in Coach within the first 90 days of the program and further on no more than once per year. Aside from the complimentary change in Coach at the beginning of the program, the Athlete will incur a Change Coach Fee of $50 USD for further changes.
MEMBERSHIP CANCELLATION POLICY
Monthly dues will be charged automatically or paid via the preferred payment method until an athlete cancels. An athlete may cancel their membership by emailing info@maunaendurance.com with a 30-days’ notice. If a 30 days’ notice falls in mid-month, the Client will incur the charges for the full last month.
An Athlete may request a Membership Freeze, which will be considered on a case-by-case basis. A one-time charge of $30 dollars will be considered when freezing an account.
Membership is not transferable.
PRICING AND BRAND PARTNER DISCOUNTS
Pricing for all of our services is subject to change upon management discretion. Client will be notified by email at the electronic mail address provided and linked to the Athlete. Athlete has the right, at the time of price increase, to decline to continue using the services.
Brand partner discounts may change subject to the sole and absolute discretion of the brand without prior written notice. Brands may amend benefits or rescind from working with our services at any point in time and treat each geographic area separately and individually. Our Company does not warrant or guarantee the continuation of any brand partner discounts. Brand Partner discount codes are considered confidential information and if shared with public will result in an Athlete losing its privileges.
TERMINATION
We reserve the right, in our sole discretion, to terminate your access or any service provided to you without notice. Use of any of our services or information is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section and all documents provided before initiating any Coaching program.
LIABILITY
In no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of services/information provided by us.
RESERVATION OF RIGHTS
Our Company reserves the right, in its sole discretion, to change the terms offered in any of our services. The most current version of the terms will supersede all previous versions.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless this Company, its officers, directors, employees, agents, contractors and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use any of our services or information.
GOVERNING LAW
To the maximum extent permitted by law, the laws of the State of California govern this agreement and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of any of our Company’s services.
Please email info@maunaendurance.com with any questions or concerns.
TEAM:
SELECTION AND PAYMENT:
Mauna Race Team is a yearly membership and we receive applications every year from all parts of the world. Once you apply, your card will be charged $350 USD corresponding to the membership fee. The Mauna Team has 10 working days to review your application. Upon acceptance, that hold will be charged and you will receive an intro email which will allow us to begin processing your Welcome Kit. If you are not accepted, you will receive a refund for the full amount charged within 10 business days.
You understand that current Mauna Athletes have a priority in the selection process.
WELCOME KIT:
Some of the products included in the Welcome Kit cannot be shipped outside of the United States. By registering a shipping address outside of such territory, you are accepting a modified Welcome Kit.
Some of the Welcome Kit items are ordered specifically for you with information from your application. Therefore, athletes will have to wait around 8-10 weeks after close of registration to receive delivery of the Kit. Once we order your specific sizes there is no way to exchange for different sizes or to return any of the items. The Mauna Race Team Trisuit, included in the Welcome Kit, will have our sponsor logos printed on it.
SPONSOR DISCOUNTS:
The sponsor discounts you are entitled to as a benefit of joining the team, are confidential, non-transferable and are subject to change (depending on our sponsor brands).
TRANSFERABILITY, LIABILITY AND CANCELLATION:
The application/participation in the Racing Team is non-cancellable and non-refundable. By agreeing to join our Racing Team you agree to indemnify, defend and hold harmless this Company, its officers, directors, employees, agents, contractors and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use any of our services or information.
In no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of services/information provided by us.
DATA USE:
As part of your registration, you agree to Mauna Holding, LLC using your email for communication, marketing, or other promotional material. You have all rights to unsubscribe. You can also opt out by emailing info@maunaendurance.com
RESERVATION OF RIGHTS & JURISDICTION:
Our Company reserves the right, in its sole discretion, to change the terms offered in any of our services. The most current version of the terms will supersede all previous versions.
To the maximum extent permitted by law, the laws of the State of California govern this agreement and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of any of our Company’s services.
Training camps:
By registering to the 2023 Mauna Training Camp you are agreeing to the below terms and conditions.
You will be receiving a welcome kit, we are not responsible for any defects or products in this since they are provided by our partner brands
Upon registration athletes will not have an opportunity for refunds or reimbursements of any type
As a company looking to get the best of our athletes, we partner with several brands in the endurance performance industry. Products for each of these will be offered during the training camp either for free or a separate charge. Mauna Endurance, Inc shall be held harmless and not liable for any issues that the athlete might experience with any partner brand product.
Photography taken during the training camp shall be the property of Mauna Endurance, Inc to use at its sole and absolute discretion.
You agree that triathlon is a physically demanding and risky endeavor. AP Racing is not liable for anything that occurs to me pre, during and after the camp. In addition, you acknowledge that you have been cleared for physical activity by your doctor or physician in the past 6 months.
You Welcome Kit items are ordered specifically for you after you register and therefore athletes will not be able to exchange any items within it after registration.
Before starting any activity in the training camp you will be required to sing our liability waiver. This is applicable to all athletes and there are no exceptions.
Additional services such as bike mechanic, massages, airport transport, bike fitting, swim analysis lessongetc... have separate charges which will be communicated to athletes after registration.
You must have a comprehensive insurance policy in place during the training camp. Policies should include emergency medical care, personal injury for any type of activity. Further to that, Mauna Endurance, Inc requires all athletes to use the necessary protective gear not included but limited to: helmets, pads, buoys, swim goggles, eyewear, and more.
As part of your registration, you agree to Mauna Endurance, Inc using your email for communication, marketing, or other promotional material. Such details will not be shared with any third parties. You have all rights to unsubscribe. You can also unsubscribe by emailing info@maunaendurance.com
You understand that current Mauna Athletes have a priority in the selection process for this training camp
Travel advice or accomodation suggested by Mauna Endurance Inc is booked or "used" at Athletes own risk. We do not book on behalf of athletes and are not a part of any of these contracts.
We will not be liable or responsible to pay any compensation, reimburse expenses or cover loses for any other amount or otherwise accept responsibility for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.Such circumstances include strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or failure of public or private telecommunications networks.
To the maximum extent permitted by law, the laws of the State of California govern the Terms and Conditions and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of any of our Company’s services.
In no event will we (or our employees, agents, brand partners and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of services/information provided by us.