Terms of Service

1. Who we are and what these terms cover

These Terms of Service describe the conditions for using the MTN Performance Coaching website, requesting or downloading our resources, and accessing related services and client tools. MTN Performance Coaching is referred to as "MTN Performance," "we," "us," or "our."

Our business operates from Whistler, British Columbia, Canada. Contact Jake Boling at jake@mtnperformance.com for questions about these terms, an order, or a proposed coaching engagement.

Coaching programs, on-mountain sessions, team engagements, and paid digital products may have additional terms supplied before you commit to a purchase. These website terms do not replace a signed coaching agreement, an order confirmation, an applicable activity waiver, or mandatory consumer disclosures.

If terms conflict, applicable law takes priority. Subject to that law, specific terms expressly agreed for your purchase or program take priority over these general website terms. A third-party provider's terms govern its own services as explained during booking; they do not automatically remove our obligations to you.

2. Using the website and contacting us

You may use this website for lawful purposes, including learning about our approach, requesting resources, and contacting us about coaching. Please provide accurate information when submitting a form or placing an order, and update information that is important for an existing engagement.

Do not attempt unauthorized access, interfere with the website or client tools, upload malicious material, impersonate another person, or use the site to send unlawful, abusive, or unsolicited material. You must have the legal capacity and any necessary authority to enter into a purchase or agreement.

Submitting an inquiry is not a confirmed coaching booking. Conversations are arranged individually by email or through our inquiry process. Dates, availability, and program fit must be confirmed before an engagement is accepted.

3. The free book, worksheets, and educational resources

Sunday You vs. Monday You, its companion worksheets, and other educational resources are provided for learning and personal development. They are not a guarantee of any particular outcome.

Unless an individual resource says otherwise, you may download, save, and print a copy for your own personal learning and individual professional practice. This permission does not allow resale, mass redistribution, public posting of the complete files, or use of the materials to deliver your own paid course or coaching product without written permission, except where applicable law allows the use.

You are welcome to share the book request page with someone who may find it useful. Request written permission for broader use, team distribution, reproduction, or licensing by emailing us.

Requesting or downloading a free resource does not oblige you to buy coaching or subscribe to marketing emails. We handle optional email updates separately, as explained in our Privacy Policy.

4. Digital product orders and delivery

Where we offer a digital product through Squarespace checkout, its description and checkout information identify the product, price, and delivery arrangements. Please review them before ordering. Free website downloads and digital products delivered through an order may use different delivery methods.

We provide digital content using the delivery method stated for that product, such as a website file link, a download page, or an emailed order link. You are responsible for providing a working email address where email delivery is required and for having a compatible device and PDF reader or browser.

If you cannot access a file, receive the wrong file, or encounter a delivery problem, contact jake@mtnperformance.com with the relevant order or request details. Do not send full payment-card information by email.

Any product-specific refund terms must be disclosed before purchase. Nothing in these terms removes rights you may have if content is not supplied, is materially misdescribed, or otherwise gives rise to a remedy under applicable law.

5. Coaching programs and agreed scope

Our coaching may include virtual sessions, on-mountain sessions, assessments, workbooks, between-session support, and access to client tools. The actual scope is the scope agreed for your engagement, not every feature mentioned elsewhere on the website.

Before a paid engagement is confirmed, the relevant proposal, agreement, or purchase information should set out the services, number and length of sessions, delivery period, price, payment schedule, inclusions, exclusions, support arrangements, and cancellation or rescheduling terms.

Coaching requires your participation and application between sessions. We work with you to identify goals and practical measures of progress. We do not promise a particular income, business result, productivity increase, access to flow, technical progression, or other performance outcome.

Program descriptions explain the intended approach and support. They are not a promise that every client will experience the same changes. Any express guarantee, if offered, must be provided with its specific terms before purchase.

6. On-mountain delivery and participation

MTN Performance acts as a wholesale reseller for on-mountain sessions booked under Extremely Canadian through our Whistler Blackcomb arrangement. The relevant provider's booking, waiver, insurance, safety, and operating requirements apply to its delivery and will be identified during booking.

Participants must complete the required waivers and meet the requirements applicable to the planned activity. Please provide accurate ability information and relevant safety information through the appropriate booking process. A website inquiry does not replace an ability or safety assessment.

Mountain activities involve inherent risks. Terrain, weather, snow conditions, fatigue, and other circumstances can affect what is suitable or available on a particular day. The itinerary and terrain must remain subject to professional judgment, provider requirements, and operating conditions. No particular terrain, snow condition, lift-line benefit, or progression outcome is guaranteed unless an applicable booking expressly provides otherwise.

Unless your written booking expressly includes them, client lift tickets or passes, equipment, travel, accommodation, and meals are arranged and paid for separately. Required access and equipment must be confirmed before participation.

This webpage is not an activity waiver or a substitute for professional instruction or terrain-specific safety assessment. Any waiver or release must be presented through the appropriate booking process. Nothing here changes responsibilities or rights that cannot lawfully be changed.

7. Prices, payments, and founding offers

Prices are in Canadian dollars unless a different currency is expressly stated. Applicable taxes and any required charges will be disclosed before purchase. We do not add undisclosed mandatory business fees to an advertised price.

Payment amounts, deposits, installments, and due dates are set out in the terms for your purchase or engagement. A deposit should not be assumed to be non-refundable unless that condition has been clearly disclosed, agreed, and is lawful.

Where founding-client or other promotional pricing is offered, the eligibility, availability, scope, and any genuine deadline or capacity limit will be stated with the offer. Optional additional services require agreement on their scope and price.

We may change prices for future purchases. A later website price change does not by itself change the price of a confirmed agreement. If an error is discovered before a purchase is confirmed, we will seek to resolve it transparently rather than charge an undisclosed amount.

8. Cancellations, rescheduling, and refunds

Please review the cancellation and rescheduling policy supplied for your specific purchase before committing. It should explain client cancellations, missed sessions, changes requested by us or the delivery provider, and relevant weather or closure arrangements.

On-mountain booking changes may involve Extremely Canadian or Whistler Blackcomb terms and costs. Any amount you may be required to pay or forfeit must be explained before you agree to the booking. A supplier's cancellation cost does not automatically override a statutory right to cancel or obtain a refund.

If circumstances affect delivery, we will explain the available options under your agreement and applicable law. These may include rescheduling, an agreed alternative, or a refund where required. A replacement activity is not automatically imposed as a substitute for the service you purchased.

Nothing in these terms imposes a blanket "all sales final" rule or excludes statutory cancellation, refund, or other consumer rights. If a contractual policy conflicts with a right that cannot be waived, that legal right takes priority.

Send cancellation, rescheduling, or refund requests to jake@mtnperformance.com, using any additional provider contact identified in your booking when applicable. Keep a copy of your request.

9. Client app, accounts, and access

Where a program includes access to our progressive web app (PWA) or other client tools, your agreed program terms should identify the access period, included features, technical requirements, and any charges or renewal terms. Access should not be assumed to last indefinitely unless expressly agreed.

Keep login details secure, do not share an individual account without permission, and contact us if you suspect unauthorized access. We may need to investigate misuse or temporarily restrict access to protect the service or personal information, while respecting our contractual and legal obligations.

Tools may require maintenance or experience interruptions. If a problem materially affects a service we agreed to provide, contact us so we can address it and discuss an appropriate alternative or remedy. Removing an app shortcut from your device does not itself cancel coaching or delete records held by us.

You retain ownership of the original information and content you submit. We use it as reasonably needed to provide the agreed service, subject to our Privacy Policy and any separate agreement. These terms do not grant us blanket permission to publish your coaching responses, likeness, testimonial, or case study.

10. Intellectual property and permissions

Website text, the book, worksheets, diagrams, videos, coaching materials, software, and branding are owned by MTN Performance, Jake Boling, or the relevant rights holder, or are used with permission. Receiving access does not transfer ownership of those materials to you.

Permitted use is governed by the relevant resource license or your program agreement. Do not remove attribution, imply that you created our materials, or suggest an endorsement or affiliation that does not exist.

Nothing in these terms limits copyright exceptions or other uses permitted by applicable law. Contact us to discuss permissions for uses beyond the permission provided with a resource.

11. Educational scope and professional advice

Our website, educational resources, assessments, and coaching support learning and performance development. They are not medical or mental-health treatment, and an assessment is not a clinical diagnosis.

General discussion of business, tax, legal, financial, health, or safety topics is not a substitute for advice from an appropriately qualified professional familiar with your situation. In particular, references to professional development do not determine whether a purchase is tax-deductible for you.

Use qualified professional support when needed. In an emergency, contact the relevant emergency service rather than relying on a website, app, email, or coaching response.

12. Privacy and communications

Our Privacy Policy explains how we handle personal information, including inquiries, coaching records, client tools, and optional marketing communications.

Submitting a form, requesting the book, purchasing a service, or agreeing to these terms does not by itself constitute consent to optional marketing emails or public use of your testimonial, photograph, or video. Appropriate permissions are handled separately.

13. Third-party websites and services

Our website may link to or rely on third-party services such as Squarespace, payment services, video-call tools, and delivery providers. Their own terms and privacy notices may apply to your use of their services.

A link does not by itself mean that the third party endorses MTN Performance, or that we endorse everything on that website. We cannot control unrelated third-party content or services, but remain responsible for obligations we have accepted and responsibilities imposed on us by applicable law.

14. Responsibilities, disputes, and applicable law

We aim to describe our services accurately and provide them with reasonable care. Website material may change, and general information should be checked against the specific terms supplied for a purchase. This does not limit remedies for misleading representations, non-delivery, or other conduct for which the law provides protection.

These general website terms do not set a blanket liability exclusion for all loss, a waiver of negligence claims, or a compulsory arbitration requirement. Any activity-specific waiver or proposed limitation requires its own clear wording and the appropriate agreement process, subject to applicable law.

Please contact us first if a concern arises so we can try to resolve it. This does not prevent you from using a regulator, court, or other remedy available to you.

British Columbia law and applicable Canadian federal law govern these terms, except to the extent mandatory laws give you protections or remedies that cannot be excluded. Nothing here removes non-waivable consumer rights or improperly restricts the forum in which you may exercise them.

If a provision cannot lawfully be enforced, the remaining provisions continue to apply to the extent permitted by law.

15. Changes and contact

We may update these website terms for future use and future transactions. The current version will be posted with its effective date. Where required, we will provide additional notice or obtain agreement to a material change.

Posting revised website terms does not, by itself, retroactively change an existing coaching agreement, alter a confirmed price, or remove a right already available to you.

Questions about a resource, permission, purchase, or these terms can be sent to Jake Boling at jake@mtnperformance.com.