Terms of service

Terms of Service & Liability Waiver

1. Overview

This website and all associated digital programs are operated by KP Strength & Performance (“we,” “us,” or “our”).
KP ELITE is the official line of online and digital training programs offered by KP Strength & Performance.

By accessing our website, purchasing a program, or participating in any KP ELITE or KP Strength & Performance service —including those accessed through the TrainHeroic App—you agree to be bound by these Terms of Service (“Terms”) and the Liability Waiver below.
If you do not agree, do not use or purchase our services.

2. Digital Products & Intellectual Property

All KP ELITE programs, videos, PDFs, eBooks, and digital materials are protected intellectual property of KP Strength & Performance.
You are granted a limited, single-user, non-transferable license for personal use only.

You may not reproduce, redistribute, resell, share, or distribute any portion of our content in any form.
Unauthorized use or distribution will result in immediate termination of access and may lead to legal action.

Delivery Format & Platform Access
Programs are delivered in the format specified on the product page at the time of purchase. Digital programs delivered as downloadable files (such as PDF versions) do not include access to third-party platforms or apps unless explicitly stated.

Currency Notice
All prices listed on our website and Shopify store are in Canadian Dollars (CAD) unless otherwise specified.

Programs purchased through the TrainHeroic App or TrainHeroic checkout are processed in U.S. Dollars (USD) under TrainHeroic’s billing system. KP Strength & Performance is not responsible for currency conversion, exchange rates, or pricing discrepancies between platforms.

3. Use of the TrainHeroic App

Some programs are delivered through the TrainHeroic App, a third-party platform. By purchasing or using any App Version, you acknowledge and agree that:

  • You must create a TrainHeroic account and accept TrainHeroic’s Terms of Use and Privacy Policy, which are separate from ours.

  • KP Strength & Performance is not responsible for TrainHeroic’s uptime, functionality, or data-handling practices.

  • All information entered into TrainHeroic is managed solely by TrainHeroic.

  • Access to your App Version is for personal use only and may not be shared or transferred.

4. Health & Medical Disclaimer

All KP Strength & Performance and KP ELITE programs are intended for educational and informational purposes only.

Before beginning any exercise or nutrition program, consult a qualified healthcare professional.
Participation in physical training involves inherent risks—including injury, illness, strain, or death—and you voluntarily assume all such risks.

KP Strength & Performance, its owners (including Coach Kyle), employees, and affiliates shall not be liable for any injury, loss, or damage arising from use or misuse of our programs, whether accessed via our website, social media, digital downloads, or the TrainHeroic App.

5. Digital, Custom and Subscription Programs

All Digital Programs, Custom Programs and Subscription Plans (including any personalized programs) are digital services.

  • Due to the digital nature of these products and services, all sales are final and non-refundable.

  • Subscriptions renew monthly and may be canceled anytime before the next billing cycle.

  • We recommend a minimum of three months of consistent training to achieve measurable results.

  • Program access ends immediately upon cancellation or non-payment.

6. Waiver of Liability and Release

By purchasing, accessing, or participating in any KP Strength & Performance or KP ELITE program (including via the TrainHeroic App, website, or any linked digital content), you acknowledge and agree to the following:

  1. Assumption of Risk
    You understand and voluntarily accept that participation in any physical fitness or conditioning activity carries inherent risks, including but not limited to physical injury, illness, strain, disability, or death. You accept full responsibility for your participation and any resulting consequences.

  2. Waiver and Release
    You hereby fully and forever waive, release, discharge, and covenant not to sue KP Strength & Performance, its owners (including Coach Kyle), officers, employees, agents, contractors, affiliates, successors, and assigns (“Released Parties”) from any and all claims, demands, damages, or causes of action—known or unknown—arising out of or related to your participation in any of our programs, products, or services.

  3. Hold Harmless and Indemnification
    You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all liabilities, losses, damages, costs, or expenses (including reasonable legal fees) arising from your participation, misuse of materials, or breach of these Terms.

  4. No Liability for Third-Party Platforms
    You acknowledge that certain programs may be accessed through third-party platforms such as the TrainHeroic App. KP Strength & Performance does not control and is not responsible for TrainHeroic’s operation, policies, or data management. You agree to hold all Released Parties harmless from any claims resulting from your use of those platforms.

  5. Binding Effect
    This waiver and release is binding upon you, your heirs, executors, administrators, and assigns, and shall be interpreted as broadly as permitted by law.

  6. No Guarantee of Results
    KP Strength & Performance makes no representations or warranties regarding specific results or outcomes. Progress and results vary based on individual effort, compliance, and physical condition.

7. Minors

If the participant is under 18 years of age, a parent or legal guardian must complete the purchase and assumes full responsibility for the minor’s participation.
By allowing a minor to participate, the parent or guardian agrees to all terms herein and waives all liability claims on behalf of the minor.

8. Limitation of Liability

Under no circumstances shall KP Strength & Performance, its owners, affiliates, or partners be liable for any direct, indirect, incidental, special, or consequential damages arising out of your use or inability to use our products or services.
You expressly agree that all use of our products and services is at your sole risk.

9. Governing Law

These Terms and this Waiver shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict-of-law principles.

10. Contact Information

For any questions regarding these Terms or our policies, please contact:
📧 info@kpstrength.com