TERMS & CONDITIONS

1. General Terms

1.1. These Terms and Conditions (“Terms”) apply to all programs, services, and sessions provided by Nox Performance Limited (“Nox Performance”, “we”, “our”, or “us”), including Speed Clinics, Holiday Programs, and Athlete Programs.
1.2. By enrolling in any Nox Performance service, you (“the participant”, “athlete”, or “parent/guardian”) agree to abide by these Terms.
1.3. Nox Performance reserves the right to update or amend these Terms at any time. Any updates will be published on our website and will take immediate effect.

2. Enrolment and Payment

2.1. All bookings must be made through either:

• the Setmore booking platform, or

• the official Nox Performance website at www.noxperformance.com.

2.2. Spaces in all programs are limited and will only be confirmed once full payment has been received.
2.3. Payment must be made prior to the start date of the program unless otherwise agreed in writing.
2.4. All prices are in New Zealand Dollars (NZD) and are subject to change.
2.5. Discounts or promotional offers (e.g., early bird pricing) must be applied at the time of booking and cannot be redeemed retrospectively.

3. Cancellations and Refund Policy

3.1. Before program commencement:

• Cancellations made more than 7 days prior to the start date of a program are eligible for a full refund minus a 10% administration fee.

• Cancellations made within 7 days of the start date are not eligible for a refund, but may be credited toward a future program at Nox Performance’s discretion.

3.2. After program commencement:

• Once a program has started, no refunds will be issued for any reason, including withdrawal, change of mind, or non-attendance.

• Credits may be considered in exceptional medical circumstances, provided a doctor’s certificate is supplied.

3.3. Holiday Programs:
Due to limited capacity and prearranged staffing, no refunds or credits will be offered once the holiday program begins, except in exceptional cases approved by Nox Performance management.

3.4. Program cancellations by Nox Performance:
If Nox Performance cancels a session or program due to unforeseen circumstances (e.g. weather, venue closure, or coach unavailability), participants will be offered:

• a rescheduled session, or

• a proportional credit or refund for the cancelled portion.

4. Attendance and Punctuality

4.1. Athletes must arrive on time, with appropriate gear and ready to train.
4.2. Repeated lateness or non-attendance without communication may result in removal from the program without refund.
4.3. Parents/guardians are responsible for ensuring that participants under 18 are dropped off and collected on time.

5. Health, Safety, and Behaviour

5.1. All participants must disclose any relevant medical conditions, injuries, or allergies before participating.
5.2. Nox Performance reserves the right to refuse or discontinue participation if a medical condition poses a risk to the athlete or others.
5.3. All participants must follow the directions of Nox Performance coaches and staff at all times.
5.4. Any behaviour deemed unsafe, disrespectful, or disruptive may result in immediate removal from the program without refund.
5.5. Nox Performance is not responsible for personal belongings lost, damaged, or stolen during sessions.

6. Weather and Outdoor Sessions

6.1. Some sessions (particularly Speed Clinics and conditioning programs) take place outdoors.
6.2. In the event of poor weather, Nox Performance will make reasonable efforts to continue sessions safely or reschedule where possible.
6.3. No refunds will be issued for weather-related cancellations; however, a credit or make-up session may be offered where feasible.

7. Photography and Media Consent

7.1. By participating in Nox Performance programs, you consent to the use of photographs and videos taken during sessions for promotional, marketing, and social media purposes.
7.2. Participants who do not wish to appear in media content must notify Nox Performance in writing prior to program commencement.

8. Liability Waiver

8.1. Participation in Nox Performance programs involves physical activity that carries inherent risks.
8.2. By enrolling, participants and/or guardians acknowledge and accept these risks and agree that Nox Performance Limited, its directors, employees, and contractors shall not be liable for any injury, loss, or damage arising from participation.
8.3. Participants are encouraged to maintain appropriate personal health or accident insurance coverage.

9. Coaching and Program Design

9.1. All Nox Performance programs are designed by qualified coaches using evidence-based training principles.
9.2. Sessions and programming may be adjusted based on individual ability, group needs, or venue conditions at the coach’s discretion.
9.3. Nox Performance reserves the right to alter session times, content, or coaching staff as necessary without prior notice.

10. Confidentiality and Privacy

10.1. Nox Performance collects and stores personal information in accordance with the Privacy Act 2020 (NZ).
10.2. Personal or performance information will not be shared with third parties without consent.
10.3. Training and progress data may be stored securely within authorised software platforms such as TrueCoach.

11. Program-Specific Terms

A. Speed Clinics

• Structured 6–8 week programs focused on sprint mechanics, acceleration, and running coordination.

• Missed sessions are non-refundable and non-transferable.

• Athletes must wear appropriate athletic attire and footwear.

B. Holiday Programs

• Designed to promote fun, teamwork, and physical activity during school holidays.

• Participants must bring their own snacks, lunch, and water.

• Nox Performance staff are not responsible for participants outside scheduled program hours.

C. Athlete Programs (In-Person or Online)

• Includes personalised strength, conditioning, and speed training.

• Program access via TrueCoach or similar platforms is available for the duration of the program only.

• Sharing or duplicating program materials without consent is strictly prohibited.

12. Force Majeure

Nox Performance shall not be held liable for delays or cancellations resulting from events beyond its reasonable control, including but not limited to natural disasters, pandemics, government restrictions, or venue closures.

13. Dispute Resolution

13.1. Any concerns or disputes should first be addressed in writing to Nox Performance management.
13.2. If unresolved, both parties agree to seek mediation before pursuing legal action.
13.3. These Terms are governed by and construed in accordance with the laws of New Zealand.

14. Acceptance of Terms

By completing a booking through Setmore or www.noxperformance.com, you confirm that you have read, understood, and agree to these Terms and Conditions.