1. Agreement to Terms
These Terms of Service (“Terms”) are a binding agreement between you and Five Peaks LLC (“Five Peaks,” “we,” “us,” or “our”) governing your access to and use of our websites, coaching, training, software, community, and related products and services (collectively, the “Services”).
By accessing or using the Services, creating an account, or purchasing a membership, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
2. Eligibility
The Services are intended for martial arts school owners and their authorized team members located in the United States. You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements and that the information you provide is accurate and complete.
3. Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to the Services or other users.
4. Memberships, Fees, and Billing
Certain Services are offered as paid memberships billed on a recurring basis (for example, monthly). By purchasing a membership, you authorize us and our payment processor to charge your payment method the applicable fees, plus any taxes, on a recurring basis until you cancel.
Fees are stated at the time of purchase and may change on a going-forward basis; we will provide notice of material price changes before they take effect. You are responsible for keeping your billing information current.
5. Renewals, Cancellations, and Refunds
Recurring memberships automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account or by contacting us; cancellation stops future charges and takes effect at the end of the current billing period.
Refunds are available only within thirty (30) days of the applicable charge. To request a refund, contact us at team@fivepeaks.io within that 30-day window. After 30 days from a charge, that payment is non-refundable, and we do not provide refunds or credits for partial periods. Certain offerings, such as live events or application-based programs, may have their own terms, which will be disclosed at purchase.
6. License and Intellectual Property
All content and materials we provide — including video modules, workbooks, evaluations, software, reports, frameworks, methods, templates, logos, and the “Five Peaks” brand (collectively, the “Materials”) — are owned by Five Peaks or its licensors and are protected by intellectual property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials solely for your own martial arts business, and only for as long as you are an active, paying member in good standing. This license exists only during your active paid membership. When your membership ends, is cancelled, lapses for non-payment, or is terminated for any reason, this license immediately terminates and you must stop using and accessing the Materials.
While your license is active, you may NOT:
- Copy, download for redistribution, reproduce, resell, rent, sublicense, or otherwise distribute the Materials.
- Share, give, transfer, or provide access to the Materials to any other business owner, school, or person who is not an active paying client — whether for free or for payment.
- Share your account or login credentials with anyone outside your own school's authorized team without our written consent.
- Create, sell, or distribute any coaching programs, courses, curricula, templates, or other materials that are based on, derived from, or that copy our proprietary Materials, methods, or frameworks.
- Remove, obscure, or alter any copyright, trademark, or other proprietary notices in the Materials.
Any use of the Materials outside the scope of this license is a material breach of these Terms and an infringement of our intellectual property rights, and may result in immediate termination of your access and legal action.
7. Acceptable Use
You agree not to:
- Use the Services for any unlawful, harmful, or fraudulent purpose.
- Share, resell, or redistribute our content or account access outside your authorized team.
- Reverse engineer, scrape, or attempt to gain unauthorized access to the Services.
- Interfere with or disrupt the integrity or performance of the Services.
- Harass, abuse, or harm other members, or post unlawful or infringing content in our community.
8. User Content and Community
You retain ownership of the content you submit, but you grant us a non-exclusive, worldwide, royalty-free license to use, host, and display it as needed to operate and improve the Services. You are responsible for the content you post and represent that you have the rights to share it. We may remove content or restrict participation in our community at our discretion, including for conduct that violates these Terms or our community guidelines.
9. Third-Party Services
The Services may integrate with or link to third-party products and services. We are not responsible for third-party services, and your use of them is governed by their own terms and policies.
10. No Guarantee of Results; Results Not Typical
Five Peaks is a coaching and education program that provides business-building advice, training, tools, and community for martial arts school owners. We do not guarantee any specific business, financial, enrollment, revenue, or other results, and nothing in the Services should be interpreted as a promise or guarantee of earnings or success.
Any examples, case studies, testimonials, or results shared through the Services are illustrative only and are not typical. They reflect the experiences of specific owners and are not a guarantee that you or anyone else will achieve the same or similar results. Individual results vary and depend on many factors — including your effort, skill, experience, market, team, finances, and decisions — most of which are outside our control.
You are solely responsible for your own business decisions and results. The Services do not constitute legal, tax, accounting, financial, or other professional advice, and you should consult your own qualified professionals before acting on any information provided. By using the Services, you acknowledge that Five Peaks is not responsible for your business outcomes.
11. Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.
12. Limitation of Liability
To the fullest extent permitted by law, Five Peaks and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Services. Our total liability for any claim arising out of or relating to the Services will not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify and hold harmless Five Peaks and its owners, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your content, or your violation of these Terms or applicable law.
14. Termination
You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time, with or without notice, if you violate these Terms or if we discontinue the Services. Upon termination, your right to use the Services ends, and the provisions of these Terms that by their nature should survive will continue to apply.
15. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. You agree that the exclusive venue for any dispute not subject to arbitration will be the state or federal courts located in Florida, and you consent to the personal jurisdiction of those courts.
16. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
17. Contact Us
If you have questions about these Terms, contact us at team@fivepeaks.io.