Terms of Service

1. Acceptance of Terms

Welcome to KC Performance. These Terms of Service ("Terms") govern your access to and use of our website, services, and any related content provided by KC Performance ("we," "our," or "us").

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services. We reserve the right to update these Terms at any time, and your continued use of our services constitutes acceptance of any modifications.

2. Description of Services

KC Performance provides sports medicine and performance optimization services, including but not limited to:

• Sports medicine consultations and evaluations
• Performance optimization and training programs
• Injury prevention and rehabilitation services
• Movement analysis and correction
• Educational content and resources

Our services are designed for athletes and active individuals seeking to improve their performance, prevent injuries, and recover from sports-related conditions. We accept various insurance plans including NYSHIP, Aetna, BCBS, 1199, and others.

3. User Responsibilities

When using our website and services, you agree to:

• Provide accurate and complete information when booking appointments or filling out forms
• Disclose all relevant medical history and health conditions that may affect your treatment
• Follow all instructions and recommendations provided by our healthcare professionals
• Notify us promptly of any changes to your health status or contact information
• Use our website and services only for lawful purposes
• Not attempt to gain unauthorized access to any portion of our systems
• Not interfere with or disrupt the operation of our website

4. Appointment & Cancellation Policy

We value your time and ours. To ensure the best service for all patients, please adhere to the following policies:

5. Payment Terms

Payment for services is due at the time of service unless other arrangements have been made. We accept:

• Major credit and debit cards (processed securely through Stripe)
• Insurance plans including NYSHIP, Aetna, BCBS, 1199, and others
• Health Savings Accounts (HSA) and Flexible Spending Accounts (FSA)

For insurance patients, you are responsible for any co-pays, deductibles, or non-covered services. We recommend verifying your coverage with your insurance provider before your appointment.

Refunds for services rendered are handled on a case-by-case basis. Package purchases may have specific refund terms disclosed at the time of purchase.

6. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, videos, and software, is the property of KC Performance or its content suppliers and is protected by United States and international copyright laws.

You may not:

• Copy, reproduce, or distribute our content without written permission
• Modify, create derivative works from, or reverse engineer any materials
• Use our trademarks, logos, or branding without authorization
• Remove any copyright or proprietary notices from our materials

Limited personal, non-commercial use of content for informational purposes is permitted, provided you maintain all copyright notices.

7. Medical Disclaimers

Please be aware that:

• Our services are not a substitute for emergency medical care. If you are experiencing a medical emergency, call 911 immediately.
• Information on this website does not create a patient-provider relationship.
• Results from our services may vary from person to person.
• You should not disregard professional medical advice or delay seeking treatment based on information from our website.
• We do not guarantee specific outcomes from our programs or services.

Sports medicine and performance training involve inherent risks. By participating in our programs, you acknowledge these risks and agree to follow all safety guidelines provided.

8. Limitation of Liability

To the fullest extent permitted by applicable law, KC Performance and its owners, employees, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Personal injury or property damage resulting from your use of our services, except where caused by our gross negligence or willful misconduct
• Any errors, inaccuracies, or omissions in website content
• Service interruptions, technical failures, or website unavailability

Our total liability for any claim arising from your use of our services shall not exceed the amount you paid for the specific service giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless KC Performance, its owners, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable law or regulation
• Any content or information you provide to us

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of our services shall be resolved exclusively in the state or federal courts located in New York County, New York. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• The "Last updated" date at the top of this page will be revised
• Material changes may be communicated via email or a prominent notice on our website
• Your continued use of our services after changes constitutes acceptance of the updated Terms

We encourage you to review these Terms periodically. If you do not agree with any changes, you should discontinue use of our services.