1. Acceptance of these terms
By accessing this website and engaging with APEC LLC, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use this website or our services. Your use of the website and any services you contract with us constitutes your acceptance of these terms in their entirety.
2. Who we are
APEC LLC is a limited liability company formed in the State of New Mexico, United States, with its registered address at 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA. We provide technical planning, monitoring and coaching services for athletes, clubs, training centres and coaching staff.
3. Use of this website
You agree to use this website only for lawful purposes and in a way that does not infringe the rights of others or restrict their use and enjoyment of the website. Prohibited behaviour includes harassment or causing distress or inconvenience, transmitting obscene or offensive content, disrupting the normal flow of dialogue within our website, and attempting to gain unauthorised access to our systems. We reserve the right to refuse service to anyone who breaches these terms.
4. Our services
APEC LLC provides the following services: technical planning and monitoring of concurrent training that integrates strength and endurance programming; online coaching; periodization and load management; methodological consultancy; and technical documentation for athletes, clubs, training centres and coaching staff. Our services are tailored to each client's individual needs and are delivered in accordance with a written service agreement specific to each engagement.
5. Enquiries, proposals and how an engagement is formed
This website is informational. It does not constitute an offer or an invitation to treat. Submitting an enquiry through our contact form is not a contract. To submit an enquiry, you may use the contact form on this website to provide your name, email address and a description of your training or coaching requirements. Your enquiry will be delivered by email to info@apecfitness.com. We will review your enquiry and respond with a proposal if we believe we are able to assist you. Any proposal will outline the scope of services, fees, schedule and other material terms. An engagement is formed only when both you and APEC LLC have executed a written service agreement containing the specific terms that will govern that engagement. Until a service agreement is signed by both parties, no contract exists between us and no work will commence. All work performed by APEC LLC is governed exclusively by the written service agreement applicable to that engagement.
6. Fees, invoicing and payment
Fees for services are not published on this website. All fees are set out in the written service agreement for your engagement. Payment terms, including due dates and payment methods, will be specified in that agreement. No payment is processed through this website. Invoices will be issued in accordance with the service agreement, and payment will be made according to the schedule and method specified in that document.
7. Cancellation and refunds
The principles governing cancellation and refunds are as follows. If you cancel an engagement before APEC LLC has commenced work, you may be entitled to a full refund of any fees paid, subject to any non-refundable deposit or cancellation fee specified in the service agreement. If you cancel after work has begun, you remain responsible for fees corresponding to the work performed up to the date of cancellation on a pro-rata basis, calculated according to the rates in the service agreement. Once a deliverable has been accepted by you, that work is complete and fees for that deliverable are non-refundable except as otherwise specified in the service agreement. The specific notice period required to cancel, any cancellation fees, and the basis for calculating pro-rata refunds are set out in the written service agreement for your engagement. If you believe that a deliverable does not conform to what was agreed, you must notify us within the timeframe specified in the service agreement so that we may review your concern and make corrections if appropriate.
8. Client responsibilities
You are responsible for providing APEC LLC with accurate, complete and timely information about your training history, current fitness level, goals, schedule, equipment and other relevant factors. If you have any existing injury, illness, medical condition or are taking medication, you must disclose this in your service agreement and have obtained medical clearance before beginning any training programme. You are responsible for following the training plan or coaching guidance provided to you in a sensible and safe manner, respecting your own physical limits and taking appropriate rest days. You must notify APEC LLC immediately if you experience pain, injury, illness or any other change in your health status that may affect your ability to train or that may require modification to your plan. You are responsible for your own safety and for seeking medical advice if you are uncertain whether it is appropriate for you to undertake any aspect of the programme.
9. No guarantee of results
APEC LLC provides expert planning, coaching and guidance based on established training methodology and principles. However, we make no guarantee of specific results. Training outcomes depend on many factors outside our control, including your adherence to the plan, your individual physiology, genetics, nutrition, sleep, stress, recovery practices, equipment quality and access, environmental conditions and other variables. Results will vary from individual to individual. Past performance or results achieved by other clients do not indicate future results.
10. Health and safety disclaimer
APEC LLC provides training planning and coaching services. These services are not a substitute for medical advice, diagnosis or treatment by a qualified healthcare professional. Before beginning any training programme, you should consult a physician or qualified health professional, particularly if you are pregnant, have pre-existing medical conditions, are recovering from illness or injury, or if you are beginning a new fitness regimen. A separate Health and Fitness Disclaimer is incorporated into this agreement by reference. You must read and agree to that disclaimer before engaging our services. Training carries inherent risk of injury. You assume all such risk and agree that APEC LLC is not responsible for any injury, illness or adverse effect arising from or related to your participation in a training programme.
11. Intellectual property
All training plans, written documents, methodologies, analyses, designs and other materials created or provided by APEC LLC remain the exclusive property of APEC LLC or its licensors. You are granted a limited, non-exclusive, non-transferable licence to use these materials solely for your own personal training purposes or, if you are a coaching organisation, for the purpose specified in your service agreement. You may not reproduce, distribute, sell, resell, publish, display, modify, adapt, remix or create derivative works from any materials provided without our prior written consent. You may not share the plan or materials with third parties unless expressly permitted in the service agreement. Unauthorised use is a breach of these terms and of applicable copyright law.
12. Confidentiality
You acknowledge that in providing services, APEC LLC may receive confidential information about your training, fitness, goals and other personal details. APEC LLC will maintain the confidentiality of this information and will not disclose it to third parties without your consent, except as required by law. Similarly, you agree not to disclose APEC LLC's methodologies, proprietary processes, fees or other confidential business information to third parties without our prior written consent.
13. Disclaimer of warranties
Except as expressly stated in the applicable service agreement, APEC LLC makes no warranties, express or implied, regarding the services, plans or materials provided. We make no warranty that services will meet your expectations, that the website will be error-free or uninterrupted, or that any defects will be corrected. All services are provided on an "as is" basis. To the extent permitted by applicable law, we disclaim all implied warranties including any warranty of merchantability, fitness for a particular purpose, title or non-infringement.
14. Limitation of liability
To the maximum extent permitted by applicable law and without excluding any liability that cannot lawfully be excluded, APEC LLC's total aggregate liability to you arising from or related to these terms of service or any service agreement shall not exceed the total amount of fees paid by you to APEC LLC in the twelve calendar months preceding the event giving rise to the claim. This limitation applies whether the claim arises in contract, tort, negligence, strict liability or any other legal theory. In no event shall APEC LLC be liable for indirect, incidental, consequential, special or punitive damages, including lost profits, lost revenue, lost data or business interruption, even if advised of the possibility of such damages.
15. Indemnity
You agree to indemnify and hold harmless APEC LLC, its owners, officers, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses, including legal fees, arising from or related to your use of the website or services, your breach of these terms, your violation of any applicable law, or your infringement of any third-party right.
16. Suspension and termination
APEC LLC reserves the right to suspend or terminate your access to the website or to terminate a service engagement if you breach these terms, if you engage in conduct we deem harmful or unlawful, or if we are unable to continue providing services. Upon termination of a service agreement, you will pay all fees for services rendered up to the date of termination. Termination does not relieve you of payment obligations for work already performed.
17. Changes to these terms
APEC LLC may update these Terms of Service from time to time. We will notify you of material changes by posting the updated terms on this website and updating the effective date. Your continued use of the website or services following publication of revised terms constitutes acceptance of those revisions. It is your responsibility to review these terms periodically to stay informed of changes.
18. Governing law and venue
These Terms of Service and all service agreements are governed by the laws of the State of New Mexico, United States, without regard to its conflict of law provisions. Any dispute arising from these terms or from services provided shall be brought exclusively in the state or federal courts located in New Mexico, and you consent to the jurisdiction and venue of those courts.
19. Contact
If you have questions about these Terms of Service or wish to submit an enquiry regarding our services, please contact us at info@apecfitness.com.
20. Effective date
These Terms of Service are effective as of 11 September 2026.