OutPerform Ltd Terms
Terms & Conditions
Last Updated: Nov 2025
These Terms and Conditions (“Terms”) govern the use of the website www.matthewismith.com (the “Website”) and the purchase and use of any products and services offered by OutPerform Ltd, a company registered in England and Wales under company number 15277628, with its registered office at: 85 Great Portland Street, First Floor, London, W1W 7LT, UK (“we”, “us”, “our”).
By purchasing or using our products and services, you agree to be bound by these Terms.
1. Services Provided
We provide the following services (together, the “Services”):
-
Toolkits & the Mobility Map – digital training programmes, purchased on a one-off basis with access for the lifetime of the product.
-
Performance Project Coaching – fixed-term online coaching programmes.
-
Workshops – in-person training events conducted internationally.
-
Affiliate Programme – affiliates may promote our Toolkits and the Mobility Map under a separate affiliate agreement.
2. Accounts & Access
2.1 Access to Toolkits and the Mobility Map is provided via a secure Kajabi login. Coaching is delivered via Slack and PTDistinction.
2.2 You are responsible for maintaining the confidentiality of your login credentials and must not share your account with third parties.
2.3 Any unauthorised use, copying, or distribution of your account or our content may result in immediate termination of access.
3. Payments
3.1 Payments are processed via Kajabi Payments, Stripe, PayPal, or any other methods accepted on our Website.
3.2 Where payment plans are offered, you agree to complete all instalments as scheduled. Failure to do so may result in suspension of access to the Services.
4. Refunds & Cancellations
4.1 Toolkits & Mobility Map – We provide a 100-day money-back guarantee. Refund requests must be made within 100 days of purchase.
4.2 Performance Project Coaching – You may cancel and request a refund within 14 days of purchase. After this period, fees are non-refundable.
4.3 Workshops – If we cancel a workshop, we will refund the ticket price paid. We are not responsible for travel, accommodation, or other expenses. Customer-initiated cancellations are non-refundable unless otherwise stated at the time of booking.
5. Intellectual Property
5.1 All intellectual property rights in our content, courses, training programmes, and materials are owned by or licensed to OutPerform Ltd.
5.2 You are granted a limited, non-transferable licence to access and use the Services for personal, non-commercial purposes only.
5.3 You must not reproduce, distribute, resell, or otherwise exploit our content for commercial purposes without our prior written consent.
6. Affiliates
6.1 Affiliates who promote our Toolkits and the Mobility Map are compensated in accordance with our Affiliate Agreement.
6.2 These Terms apply to customer purchases only; affiliates must comply with the separate Affiliate Agreement.
7. Disclaimers & Assumption of Risk
7.1 Our Services are provided for educational and informational purposes only. They do not constitute medical advice, diagnosis, or treatment.
7.2 Physical training and exercise carry inherent risks. By using our Services, you acknowledge and accept that injuries, both minor and serious, can occur, and you voluntarily assume full responsibility for these risks.
7.3 You should consult a qualified medical professional before beginning any new training or exercise programme, particularly if you have a pre-existing medical condition, injury, or other health concern.
7.4 OutPerform Ltd & its associates accept no liability for any injury, loss, or damage suffered by you as a result of participating in exercises, training programmes, or coaching provided through our Services, except where such liability cannot be excluded by law.
7.5 Our Services are intended for individuals aged 18 and over. Persons under 18 may only use the Services with the supervision of a parent or legal guardian, who accepts responsibility for their participation.
8. Results Disclaimer
8.1 Any examples, case studies, testimonials, or success stories presented on our Website or within our Services are provided for illustrative purposes only.
8.2 Results achieved through our Toolkits, the Mobility Map, Performance Project coaching, or any other Services will vary from person to person and depend on individual effort, health, commitment, and other factors outside our control.
8.3 We make no guarantee that you will achieve any particular outcome, result, or level of improvement by using our Services.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, OutPerform Ltd shall not be liable for any indirect, incidental, or consequential loss, including but not limited to loss of profits, data, or business opportunities.
9.2 Our total liability for any claim arising out of or relating to the Services shall not exceed the total amount paid by you for the Service giving rise to the claim.
10. Acceptable Use
You agree not to use our Website or Services to:
-
Upload, share, or transmit unlawful, defamatory, or infringing content;
-
Attempt to gain unauthorised access to our systems or accounts;
-
Copy, scrape, or harvest content for redistribution;
-
Interfere with or disrupt the proper operation of the Website or Services.
11. Third-Party Services
Our Services may depend on third-party platforms (including Kajabi, Slack, Jotform, PTDistinction, Stripe, PayPal, n8n, Railway, OpenAI). We are not responsible for interruptions, errors, or failures caused by third-party providers.
12. Force Majeure
We shall not be liable for any delay or failure to perform our obligations due to causes beyond our reasonable control, including natural disasters, strikes, pandemics, or technical failures.
13. Variation of Terms
We may amend these Terms at any time by posting the updated version on our Website. Continued use of our Services constitutes acceptance of the updated Terms.
14. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
16. Contact
For any questions regarding these Terms, please contact us at:
