Terms of Engagement — Tristar Performance

TERMS OF ENGAGEMENT

Tristar Performance Limited

This document sets out the terms on which Tristar Performance Limited ("Tristar Performance", "We", "Us", "Our") provides services to you. Please read it carefully before signing. By signing this document you confirm that you understand and accept these terms. You are encouraged to ask questions if anything is unclear.

1. NATURE OF SERVICES

1.1 Tristar Performance provides physiological testing, metabolic profiling, health screening, exercise coaching, breathwork instruction, and related performance and wellness services ("Services").

1.2 These Services are performance and wellness-oriented. They do not constitute medical diagnosis, clinical assessment, or medical treatment. Results and recommendations do not constitute medical advice. Any concerns arising from results should be discussed with your GP or relevant health professional.

1.3 Tristar Performance staff are not registered medical practitioners. Services are delivered within the applicable scope of practice of each staff member.

2. RISKS OF EXERCISE TESTING

2.1 Maximal exercise testing involves physical exertion that may, in rare circumstances, cause adverse events including but not limited to muscle injury, joint injury, dizziness, fainting, cardiac arrhythmia, or in very rare cases, serious cardiac events.

2.2 You acknowledge that you are aware of these risks and that you undertake that you have completed a PAR-Q health screening questionnaire honestly.

2.3 Tristar Performance has taken all reasonable precautions including pre-screening, on-site first aid equipment including an automated external defibrillator (AED), and current first aid certification for all staff delivering exercise testing.

2.4 You have the right to stop any test at any time. No testing will continue against your wishes.

2.5 Tristar Performance staff reserve the right to stop or modify any Service where:

(a) screening indicates elevated risk;

(b) you appear to be unwell;

(d) staff consider it unsafe to proceed.

3. SPECIFIC SERVICES AND THEIR RISKS

Blood Sampling

3.1 Some Services involve fingertip or earlobe blood sampling using a sterile single-use lancet. There is a small risk of bruising, minor discomfort, or infection at the sampling site. All equipment used is single-use and disposed of as clinical waste.

3.2 Where Blood Sampling is included in the Service being provided to you, you consent to the fingertip or earlobe blood sampling as described in clause 3.1.

Sweat Sodium Testing

3.3 Some Services involve Sweat Sodium testing, which is a clinical procedure using pilocarpine iontophoresis. This involves applying a mild electrical current to the forearm to stimulate sweat production.

3.4 Where a Service involves Sweat Sodium Testing you will be required to complete a separate consent form before any testing is performed.

VO2 Master Pro Breathing Mask

3.5 Some Services involve the use of a VO2 Master Pro Breathing Mask (the "Mask"). You will be shown the safety features and how to remove the Mask before it is fitted.

3.6 Where the Mask is included in the Services, you consent to its use and understand that you may remove it at any time.

Oxygen Advantage Breathwork

3.7 The Oxygen Advantage breathwork protocols include breath-hold exercises and reduced breathing practices that can cause lightheadedness or tingling. Risk increases where you have underlying health conditions including cardiovascular conditions, epilepsy, pregnancy, or anxiety disorders.

3.8 You undertake to disclose to Tristar Performance any health condition which may increase the risks associated with Oxygen Advantage Breathwork.

3.9 If the Services include Oxygen Advantage Breathwork, you acknowledge that you have been provided with further information relating to the risks of this Service.

4. REMOTE INSCYD METABOLIC PROFILE SERVICES

4.1 Where Tristar Performance is providing remote INSCYD Metabolic Profile Services, the terms in Appendix A apply in addition to these Terms of Engagement.

5. EMERGENCY MEDICAL ASSISTANCE AND EMERGENCY CONTACT

5.1 In the event that you become unwell or incapacitated during the Services, you consent to us seeking urgent medical assistance for you and to us:

(a) providing your personal information and details of the Services being provided to the urgent medical assistance provider; and

(b) contacting your Emergency Contact Person and providing that person with information relating to your condition and the Services being provided.

5.2 Please provide your Emergency Contact Person details below and notify us if these change.

Emergency contact name: ____________________________________

Relationship to you: ______________________________________

Phone: __________________________________________________

Email: __________________________________________________

6. LIMITATION OF LIABILITY

Consumer Guarantees Act and ACC

6.1 Nothing in these terms limits, excludes or modifies any rights, remedies, guarantees or obligations that cannot lawfully be limited, excluded or modified, including under the Consumer Guarantees Act 1993 and the Accident Compensation Act 2001.

6.2 If you are acquiring our Services as a consumer for the purposes of the Consumer Guarantees Act 1993, you have the benefit of the guarantees and remedies provided by that Act.

6.3 To the extent permitted by law, where any loss, injury or damage suffered by you is covered by New Zealand's accident compensation scheme under the Accident Compensation Act 2001, our liability for that loss, injury or damage is excluded to the extent that cover is available under that scheme.

Health, Exercise and Performance Services

6.4 You acknowledge that physiological testing, exercise coaching, performance training and related wellness services may involve physical exertion and inherent risks, including discomfort, fatigue, aggravation of an existing condition, illness or injury.

6.5 You acknowledge that we are not providing any guarantees or warranties as to any particular performance, health, fitness or wellness outcomes.

6.6 We will provide our Services with reasonable care and skill. However, to the extent permitted by law, we are not liable for any loss, injury, illness, damage, cost or expense arising from:

(a) any inaccurate, incomplete or withheld information provided by you, including information about your health, medical history, symptoms, medications, injuries, exercise tolerance or fitness level;

(b) your failure to follow instructions, guidelines, safety directions or recommended progressions provided by us;

(c) your use of our advice, programmes, reports or recommendations outside their intended purpose or without appropriate regard to your personal circumstances;

(d) any pre-existing medical condition or risk factor, except to the extent caused or contributed to by our failure to exercise reasonable care and skill; or

(e) services, advice or treatment provided by any third party, including any medical practitioner, allied health provider, gym, coach or other service provider.

Exclusion of Certain Losses

6.7 To the maximum extent permitted by law, we are not liable, whether in contract, tort, negligence, equity, statute or otherwise, for any:

(a) indirect, consequential or special loss;

(b) loss of profit, revenue, business, opportunity, anticipated savings or goodwill;

(d) loss arising from your reliance on general information, educational material or wellness guidance that is not intended to replace medical advice.

Liability Cap

6.8 Subject to clauses 6.1 to 6.3 and to the maximum extent permitted by law, our total aggregate liability to you is limited to the greater of:

(a) the total fees paid by you to us for the relevant Services giving rise to the claim; and

(b) NZ$1,000.00.

6.9 The limitation in clause 6.8 applies to all claims, whether in contract, tort, negligence, equity, statute or otherwise, but does not apply to liability that cannot lawfully be limited.

No Medical Diagnosis or Emergency Care

6.10 Unless expressly agreed in writing, our Services are not a substitute for medical diagnosis, medical treatment or emergency medical care.

6.11 If you have a medical condition, symptoms, injury or concern, you remain responsible for obtaining appropriate medical advice from a qualified health practitioner.

Business Purposes

6.12 If you acquire our Services in trade, and the Services are acquired for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, to the maximum extent permitted by law.

6.13 You acknowledge and agree that it is fair and reasonable for the parties to be bound by clause 6.12.

7. YOUR RESPONSIBILITIES

7.1 You agree to disclose all relevant medical history, current medications, and health conditions truthfully on your intake form and PAR-Q.

7.2 You agree to inform Tristar Performance of any change in your health status before each appointment.

7.3 You agree to follow all safety instructions given by Tristar Performance staff during the performance of the Services including all testing sessions.

8. PRIVACY

8.1 Tristar Performance collects, stores, and uses your personal information in accordance with our Privacy Policy (tristarperformance.co.nz/privacy) All information collected during the performance of the Services will be held in accordance with this Privacy Policy.

8.2 Tristar Performance's Privacy Policy contains provisions that allow for your personal information to be used for research and educational purposes, provided it is de-identified/anonymised prior to its use and provided that you consent:

☐ Yes ☐ No I consent to de-identified/anonymised data being used for research or educational purposes.

9. INCIDENTAL PHOTOGRAPHY AND VIDEO RECORDING

9.1 You acknowledge that photographs, video recordings, audio recordings, or other media may be taken at events, workshops, training sessions, group activities, or other engagements conducted or facilitated by Tristar Performance.

9.2 Unless you have given separate express consent, Tristar Performance will not intentionally feature your name, image, likeness, voice, or other identifying characteristics in marketing, promotional, social media, website, or other public-facing materials.

9.3 You acknowledge that you may be incidentally captured in the background of photographs or recordings as part of a group or event setting. Such incidental capture does not require separate written consent, provided the use is reasonable, not misleading, and not derogatory or prejudicial to you.

9.4 If you do not wish to be incidentally captured, you must notify Tristar Performance in writing before the relevant event or activity. Tristar Performance will use reasonable efforts to accommodate that request but cannot guarantee this in all circumstances.

9.5 Nothing in this clause limits your rights under the Privacy Act 2020 or any other applicable law.

10. PAYMENT FOR SERVICES

10.1 You agree to pay us for the Services provided.

10.2 All amounts payable are payable in New Zealand dollars.

10.3 All amounts are payable in full at the time of booking. Payment may be made by credit card, debit card, or Afterpay. Late payment shall constitute a default and you shall pay default interest on overdue amounts from the date payment falls due at the rate of Tristar Performance's overdraft rate plus 2%, and in addition the costs of any actions taken by us to recover the debt.

11. CANCELLATION POLICY

11.1 Appointments can be amended online or by phone up to 48 hours prior to the appointment time.

11.2 A minimum of 48 hours notice is required for appointment changes or cancellations.

11.3 Cancellations within 48 to 24 hours before an appointment will incur a fee of 50% of the appointment value. Cancellations within 24 hours or missed appointments are charged at full appointment value.

11.4 In the case of sickness, please contact us to reschedule. Appointments not rebooked will be treated as short notice cancellations.

11.5 Appointments rescheduled multiple times will be cancelled and may still be subject to the cancellation fees as set out in clause 11.3.

11.6 No refunds will be provided if a Service cannot be completed in full due to prematurely achieving maximal exertion or exhaustion, or where continuing would be unsafe.

11.7 Appointments that need to be rescheduled due to non-compliance with the Pre-Test Requirements, as set out in the Informed Consent document and issued in the pre-test criteria document at the time of booking will incur a cancellation and rescheduling fee of $99”?

12. COMPLAINTS

12.1 Any complaint should be raised with Tristar Performance first. The parties agree to try to resolve any dispute in good faith.

12.2 Complaints can be addressed to:

Name: Anthony Beaumont

Email: tony@tristarperformance.co.nz

Post: 7/15-17 Southern Cross Road, Rangiora 7477

13. GENERAL PROVISIONS

13.1 These terms, together with our Privacy Policy and any other relevant questionnaire or consent form you have completed, form the entire agreement between us relating to your use of our Services.

13.2 If any part of these terms is considered invalid or unenforceable, that part is deemed modified to accomplish its original purpose as far as possible. The remaining terms continue to be binding.

13.3 If at any time we do not enforce any of these terms, or grant you any indulgence, we will not be taken to have waived our rights to later enforce that or any other term.

13.4 These terms are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.

ACKNOWLEDGEMENT AND CONSENT

I confirm that:

I have read and understood this document;
I have read and understood the Privacy Policy Tristarperformance.co.nz/privacy and consent to Tristar Performance collecting, storing and using my personal and health information as described in that policy;
I have completed the PAR-Q health screening questionnaire honestly and to the best of my knowledge;
I understand the nature and risks of the Services I am receiving;
I consent to the Services being provided on the terms set out in this document; and
I am 18 years of age or older (or where under the age of 18 years my parent or legal guardian has also signed below).

APPENDIX A: REMOTE INSCYD METABOLIC PROFILE SERVICES

A1 Application of these provisions

These provisions apply in addition to Tristar Performance's standard Terms of Engagement where Tristar Performance provides an INSCYD metabolic profile, testing analysis, written report, video debrief, coaching recommendations, or related services remotely, including where you do not attend Tristar Performance's studio or any other supervised testing location.

A2 Digital acceptance of terms

By any of the following actions, you confirm that you have read, understood, and agree to be bound by these Terms of Engagement:

(a) ticking an online acceptance box;

(b) submitting an online booking, order, or registration form;

(c) uploading power, performance, or testing files to Tristar Performance or to any platform nominated by Tristar Performance;

(d) making payment for the remote testing service; or

(e) otherwise confirming acceptance by email, messaging platform, or other electronic means.

You agree that acceptance by electronic means is valid and binding and has the same effect as signing these Terms of Engagement in hard copy.

A3 Nature of remote testing service

You acknowledge that the remote INSCYD metabolic profile service is provided on the basis that:

(a) you will perform the relevant test efforts independently and at a location chosen by you;

(b) Tristar Performance will not be physically present when you perform the test efforts;

(c) Tristar Performance will not supervise, monitor, control, or verify your testing environment, equipment setup, physical condition, or conduct during the test efforts; and

(d) Tristar Performance's role is limited to analysing the data provided by you and providing a written report, video debrief, and related recommendations based on that data.

A4 Your responsibility for safety and suitability

You are solely responsible for deciding whether you are fit, healthy, and suitably prepared to undertake the test efforts. You must not undertake any test effort if you are injured, unwell, fatigued, affected by medication, or otherwise concerned that the effort may be unsafe. You are responsible for:

(a) choosing a safe and appropriate testing location;

(b) ensuring that all equipment is correctly installed, calibrated, maintained, and used safely;

(d) stopping the test immediately if you experience pain, dizziness, shortness of breath, chest discomfort, abnormal fatigue, or any other concerning symptoms; and

(e) obtaining any medical clearance or other professional assessment that may be appropriate before undertaking high-intensity exercise or testing.

A5 No real-time supervision or emergency response

You acknowledge that, because the service is provided remotely, Tristar Performance is not able to provide real-time supervision, medical assistance, emergency response, or intervention while you are performing the test efforts. You are responsible for arranging any supervision, support, or emergency assistance that may be appropriate in the circumstances.

A6 Accuracy of data and limitations of analysis

You acknowledge that the accuracy and usefulness of the INSCYD metabolic profile, written report, video debrief, and any related recommendations depend on the accuracy, completeness, and quality of the data uploaded by you. Tristar Performance is entitled to rely on the data provided by you and is not responsible for any inaccuracy, limitation, or error arising from:

(a) incorrect, incomplete, corrupted, or altered files;

(b) inaccurate power, heart rate, cadence, speed, or other performance data;

(d) failure to follow testing instructions or protocols;

(e) environmental factors affecting test performance; or

(f) any other circumstance outside Tristar Performance's reasonable control.

A7 Testing instructions

You must carefully read and follow any testing protocol, instructions, or guidance provided by Tristar Performance. If you are unsure about any part of the testing process, you must seek clarification from Tristar Performance before undertaking the test efforts or uploading data.

A8 Health, training and performance information

Any report, debrief, training recommendation, or performance guidance provided by Tristar Performance is based on the information and data available at the time. Unless expressly stated otherwise in writing, Tristar Performance does not provide medical advice, diagnosis, treatment, or health services. You must not treat the remote testing service as a substitute for medical assessment, clinical advice, or treatment.

A9 Exclusions and mandatory law

To the maximum extent permitted by law, Tristar Performance is not liable for any injury, loss, damage, cost, or expense arising from you performing remote test efforts, except to the extent caused by Tristar Performance's negligence or breach of these Terms of Engagement. Nothing in these Terms of Engagement limits or excludes any rights, guarantees, or remedies that cannot lawfully be limited or excluded under applicable New Zealand law.

Download the Terms of Engagement here.