Legal Policies

Fortis Performance LLC currently delivers two things: the Mindset Mondays membership for individual athletes, and team programs built with partner organizations. Fortis invests coach time, curriculum development, and scheduling resources from the moment an athlete or a program enrolls. This policy reflects that reality while remaining fair to our clients.

The membership is month to month. There is no long term commitment and no enrollment fee.

No refund or credit is issued for any billing period in which a weekly call has been delivered, regardless of whether the member attended.

No refund or credit is issued for missed calls. Every weekly call is listed in the member schedule, and that month's lesson and reflection materials remain available to the member.

Subscriptions are not paused. Members who wish to step away cancel per the Cancellation Policy and may rejoin at any time at the rate then in effect.

If Fortis cancels or fails to deliver a scheduled call and cannot offer a make up call within 30 calendar days, the member may request a prorated credit equal to that call's share of the monthly fee. Credits are applied to the following month and are non transferable.

Program fees, billing schedule, and season length are set in the signed partnership agreement between Fortis and the organization. The signed agreement governs refunds for that partnership.

Where a partnership is billed directly to families per player, no refund is issued for the current billing month once payment has been processed.

If the organization discontinues the program mid season, Fortis will issue a prorated credit or refund calculated on a per call basis: the monthly fee divided by the number of calls scheduled for that month, multiplied by the number of calls not yet delivered.

If Fortis withdraws from a partnership, a prorated refund is issued for the undelivered portion of fees paid, calculated on the same per call basis.

In force majeure situations (see Cancellation Policy), Fortis will first make reasonable efforts to reschedule affected calls within 60 calendar days. If rescheduling is not possible within 60 days, a prorated credit, not a cash refund, will be issued for calls not delivered. Credits are non transferable and valid for 12 months from the date of issuance.

Refunds are not issued based on dissatisfaction with athletic outcomes, performance results, draft position, scholarship offers, playing time, team selection, or any other result that Fortis Performance does not control. Coaching services are delivered in good faith. Results are never guaranteed.

Submit all refund requests in writing to braden@fortisperformance.org. Include your full name, the membership or partner program you are enrolled in, your enrollment date, and the reason for the request. Refund decisions will be communicated within 10 business days.

The membership renews monthly and may be cancelled at any time with 30 days written notice submitted by email to braden@fortisperformance.org. Verbal cancellations are not accepted. Notice is effective upon Fortis's written confirmation of receipt, which will be provided within 3 business days.

Cancellation takes effect at the end of the current billing period following the 30 day notice period.

The member is responsible for all payments due during the notice period.

Access to weekly calls and member materials continues through the end of the final paid period.

Partnerships are seasonal and are governed by the signed partnership agreement between Fortis and the organization. Early termination, mid season changes, and notice requirements are set in that agreement.

Requests to adjust a partnership are made in writing by the organization's designated contact person. Changes are confirmed in writing by Fortis before taking effect.

Calls cancelled by the organization with less than 24 hours notice, Pacific Time, are forfeited without credit or refund.

Fortis will make reasonable accommodations for documented medical emergencies affecting a participating athlete or a coach.

Fortis Performance shall not be liable for any failure or delay in delivering services caused by circumstances beyond our reasonable control, including but not limited to: illness or injury of coaching staff, natural disasters, travel disruptions, third party platform outages, acts of God, or public health emergencies. In such cases, Fortis will make reasonable efforts to reschedule affected calls within 60 calendar days. If rescheduling is not possible within 60 days, a prorated credit will be offered for calls not delivered. See Refund Policy for credit terms.

Fortis reserves the right to terminate services immediately for: abusive or threatening conduct toward staff or other members, material violation of these Terms, or conduct determined in Fortis's sole discretion to be harmful to coaches, other clients, or the program. For nonpayment, Fortis will suspend services after 15 days and may terminate after 30 days. In cases of nonpayment only, a prorated credit for undelivered services may be issued after any outstanding balance is fully settled.

Payments are due on the scheduled billing date. A 5 day grace period applies. Accounts 15 or more days past due may have services suspended without notice. Accounts 30 or more days past due may result in termination of services. A $25.00 fee applies to all declined or returned payments.

Members: send a written cancellation request to braden@fortisperformance.org. Include your full name, the email on the membership, and the date you wish cancellation to take effect. You will receive written confirmation within 3 business days.

Partner organizations: submit cancellation requests through the contact person named in the signed partnership agreement.

Contact information: name, email address, phone number, mailing address.

Athlete profile information: age, date of birth, grade, school, position, and athletic background.

Assessment responses: personal reflections, mental performance data, motivations, habits, and self reported emotional patterns. Some of this information may be sensitive in nature.

Call notes: coaching observations, discussion content, and progress notes created during or after calls.

Partner program information: organization name, designated program contacts, roster and scheduling details, and participation records.

Payment information: processed through third party payment platforms. Fortis does not store full credit card or bank account numbers.

Communications: emails, messages, and other correspondence.

Photos and video: media shared with Fortis or captured during on site visits, subject to separate consent as described below.

To deliver, personalize, and improve coaching services.

To communicate with members, families, and partner organizations about scheduling, billing, and program updates.

To maintain call records and track progress over time.

To report participation and engagement to a partner organization, as described below.

To fulfill legal obligations.

We do not sell, rent, or share personal information with third parties for marketing purposes.

Mindset Mondays is a live group format. What an athlete chooses to say during a call is heard by other participants on that call, and Fortis cannot control what other participants do with that information. Fortis encourages, but cannot guarantee, discretion from all participants.

Fortis does not publish, quote, or identify anything an individual athlete shares in a group call without that athlete's written permission, and for minors, permission from a parent or legal guardian.

Where an athlete participates through a partner school, club, or organization, Fortis may share participation information with the organization's designated program contact: attendance, engagement level, and completion of the program curriculum.

Fortis does not share an individual athlete's personal reflections, assessment responses, or private coaching notes with a partner organization without written consent from the athlete, or from a parent or legal guardian for a minor.

Partner organizations agree to handle any information Fortis shares under their own privacy obligations and applicable law.

Fortis works with athletes under the age of 18. For minor clients:

Assessment responses and call notes are shared only with the minor client and their parent or legal guardian.

We do not share minor client information with third parties without explicit parental consent, except as described for partner programs above or as required by law.

Parents and guardians may request access to, correction of, or deletion of their minor child's information at any time by contacting braden@fortisperformance.org.

We comply with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13 without verified parental consent.

Fortis coaches are not licensed mandated reporters under California law. However, in situations where a client discloses abuse, neglect, intent to harm themselves, or intent to harm others, Fortis coaches may contact emergency services, law enforcement, or a parent or guardian as appropriate. Confidentiality does not apply in situations involving imminent risk to safety.

For adult clients (18 and older): by enrolling in services, you consent to the use of your photo, video, and likeness for Fortis marketing, social media, and promotional materials. You may withdraw this consent at any time in writing to braden@fortisperformance.org. Withdrawal does not affect enrollment or service delivery.

For minor clients: use of a minor client's photo, video, or likeness for any public facing marketing purpose requires explicit written consent from a parent or legal guardian, provided separately via the Parental Consent Form. Fortis will not use a minor's image publicly without this signed consent.

For partner programs: Fortis will not publish identifiable images of a partner organization's athletes without the consent described above and, where the organization requests it, written approval from the organization.

Fortis does not record coaching calls without prior written notice to and consent from all participants. Where Fortis wishes to record a call for quality review or internal training purposes, written notice will be provided in advance and consent will be obtained from all participants before recording begins. Any recordings made with consent are stored securely and are not shared with third parties or used for public marketing without separate written permission. Clients may not record any coaching call by any means without prior written consent from Fortis Performance.

Fortis uses third party platforms including video conferencing and payment processing services to deliver and administer services. These platforms have their own privacy policies and terms of service. Fortis is not responsible for the privacy practices of third party platforms. By using our services, you acknowledge that data shared through these platforms is subject to their respective policies.

Client information is stored using reasonable security measures and accessible only to authorized Fortis coaching staff.

For adult clients: records are retained for three years following the end of the coaching relationship, then securely deleted.

For minor clients: records are retained until the client's 21st birthday, then securely deleted. This accounts for the applicable California statute of limitations, which may not begin until a minor reaches age 18.

In the event of a data breach affecting your personal information, we will notify affected clients as soon as practicable under the circumstances and in compliance with applicable California data breach notification law.

If you are a California resident, you have the right to:

Know what personal information we collect and how it is used.

Request deletion of your personal information.

Opt out of the sale of personal information (Fortis does not sell personal information).

Non discrimination for exercising your privacy rights.

Submit requests to: braden@fortisperformance.org

For privacy related questions or requests: braden@fortisperformance.org

Fortis Performance provides personal development and mental performance coaching for athletes through two delivery models.

The Mindset Mondays membership: a live weekly group call for individual athletes, split by age group, with guest speakers, live question and answer sessions, and structured deep dives into the Fortis pillars. The membership is delivered in a group format only. It does not include private one on one coaching.

Team and organizational partnerships: seasonal programs delivered with schools, clubs, and academies, including weekly calls split by age group, a shared mental performance language across the roster, curriculum delivered to the whole program, and on site visits when requested and agreed.

Fortis does not currently offer private one on one coaching to individual clients. Any service not described in these Terms is provided only under a separate written agreement.

IMPORTANT: Fortis Performance coaches are not licensed therapists, psychologists, psychiatrists, counselors, or medical professionals. Coaching services are not a substitute for mental health treatment, counseling, or medical care of any kind. Fortis does not diagnose, treat, or counsel for mental health conditions. If you or your athlete is experiencing a mental health crisis, depression, anxiety disorder, disordered eating, substance use, self harm, suicidal ideation, or any clinical condition, Fortis coaches are not qualified to address these as treatment and you should seek care from a licensed mental health professional immediately. When Fortis coaches believe a client may benefit from professional mental health support, they will encourage the client and or family to seek appropriate professional resources. By enrolling in services, you acknowledge this limitation and agree that Fortis Performance LLC and its coaches bear no liability for any mental health outcomes.

Mindset Mondays and partner program calls are group sessions. Coaching is delivered to the group, not tailored privately to any single athlete, and there is no individualized treatment plan.

Participants agree to keep what other participants share in a group call confidential. Participants may not record, transcribe, publish, or repeat another participant's personal disclosures.

Fortis may remove a participant from a call or from the program for disruptive, abusive, or harassing conduct, without refund.

Fortis Performance makes no representations, warranties, or guarantees regarding the outcome of coaching services. We do not guarantee improvements in athletic performance, draft position, scholarship offers, playing time, team selection, mental performance outcomes, academic performance, or any other result. Prior client testimonials are illustrative only and do not constitute a guarantee of similar results. Coaching is delivered in good faith. Results depend on factors outside Fortis's control, including client effort, receptivity, physical ability, and external circumstances. Dissatisfaction with results does not entitle a client to a refund.

Attend calls as scheduled or provide at least 24 hours notice if you cannot attend, Pacific Time.

Engage honestly and openly to receive full benefit of services.

Make all payments on time per the payment terms.

Treat Fortis coaches, staff, and other participants with respect. Abusive, threatening, or harassing conduct is grounds for immediate termination of services without refund.

Not record any session without prior written consent from Fortis Performance and, where other participants are present, from those participants.

Not reproduce, share commercially, distribute, or create derivative works from any Fortis materials, frameworks, curriculum content, or methodologies without express written consent from Fortis Performance LLC.

Enrollment of clients under 18 requires written consent from a parent or legal guardian via the Fortis Parental Consent Form. By completing and signing the Parental Consent Form, the parent or guardian:

Confirms legal authority to enter into this agreement on behalf of the minor.

Agrees to these Terms on behalf of themselves and the minor client.

Acknowledges the nature and limitations of coaching services as described in Sections 2 and 3.

Provides or declines photo, video, and recording consent as indicated on the form.

Understands that group call content is shared with other participants, and that coaches may contact parents or emergency services in situations involving safety.

Enrollment of a minor client without a completed Parental Consent Form does not constitute a waiver of these requirements.

Mindset Mondays membership fees are billed monthly in advance on a recurring basis until cancelled in accordance with the Cancellation Policy.

Partner program fees and billing schedules are set in the signed partnership agreement.

A 5 day grace period applies to all scheduled payments.

A $25.00 fee applies to all declined or returned payments.

Services may be suspended for accounts 15 or more days past due and terminated for accounts 30 or more days past due.

All prices are in USD and subject to change with 30 days written notice to existing members and partner organizations.

Fortis is not responsible for payment processing errors caused by third party payment platforms.

All Fortis Performance materials, including call frameworks, curriculum content, coaching methodologies, assessments, worksheets, and written or recorded materials, are the exclusive intellectual property of Fortis Performance LLC. Members and partner organizations may use these materials solely for the development of the athletes enrolled. Members and partner organizations may not reproduce, distribute, teach, commercialize, publicly share, or create derivative works from any Fortis materials without express written consent from Fortis Performance LLC.

Fortis coaches maintain confidentiality of what an individual client shares outside the group setting, and of partner program information. Confidentiality does not apply in the following circumstances:

A client discloses intent to harm themselves or others, in which case coaches may contact emergency services, law enforcement, or a parent or guardian.

Suspected abuse or neglect of a minor, in which case coaches may take appropriate action including reporting to authorities.

Legal obligations requiring disclosure.

Defense of legal claims against Fortis Performance.

Participation and engagement reporting to a partner organization, as described in the Privacy Policy.

Neither party may record any coaching call without prior written consent from Fortis and, where other participants are present, from all participants. Fortis will not record calls without advance written notice and consent. Clients who record calls without consent may have their services terminated immediately. California Penal Code 632 prohibits recording confidential communications without the consent of all parties.

By enrolling in services, adult clients (18+) consent to use of their photo and likeness for Fortis marketing purposes. Minor client photo and likeness consent requires explicit parental opt in via the Parental Consent Form. Written opt outs from adult clients will be honored and do not affect service delivery.

Fortis uses third party platforms to deliver services. Fortis is not liable for service interruptions, data issues, or other problems caused by third party platforms. Clients agree to comply with the terms of service of any platform used to access Fortis services.

Fortis shall not be liable for delays or failures in service caused by circumstances beyond its reasonable control. Fortis will make reasonable efforts to reschedule affected calls within 60 days. See Cancellation and Refund Policies for applicable credit terms.

To the fullest extent permitted by law, clients agree to indemnify, defend, and hold harmless Fortis Performance LLC, its members, coaches, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or caused by: (a) client's acts, omissions, or breach of these Terms; (b) client's violation of any rights of a third party; or (c) any claim that client's conduct caused damage to a third party. This indemnification does not apply to claims arising from Fortis's own negligence or willful misconduct.

To the maximum extent permitted by law, Fortis Performance LLC and its coaches, members, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of, or inability to use, our services. Our total liability for any claim shall not exceed the total fees paid by the client or partner organization for the specific service from which the claim arises, up to a maximum of 12 months of fees paid.

Any dispute arising from these Terms or Fortis services shall first be addressed through good faith negotiation between the parties for a period of 30 days. If not resolved, disputes shall be submitted to binding individual arbitration in the State of California under the AAA Consumer Arbitration Rules then in effect. Either party may bring a qualifying individual claim in a small claims court of competent jurisdiction without first submitting to arbitration. Clients waive any right to participate in class action litigation or class wide arbitration against Fortis Performance LLC. The prevailing party in any arbitration shall be entitled to recover reasonable attorney's fees and costs. Either party may seek emergency relief in a court of competent jurisdiction in Santa Clara County, California without waiving the right to arbitrate.

These Terms are governed by the laws of the State of California without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Santa Clara County, California.

Enrolling in services online, submitting payment, completing an assessment or consent form, or otherwise affirmatively indicating acceptance of these Terms constitutes your electronic signature and legally binding agreement to these Terms, which has the same force and effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E SIGN) and applicable California law.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary. The remaining provisions will remain in full force and effect.

These Terms, together with the Refund Policy, Cancellation Policy, Privacy Policy, any signed Parental Consent Form, and any signed partnership agreement, constitute the entire agreement between Fortis Performance LLC and the client with respect to the subject matter herein, and supersede all prior agreements, representations, and understandings. Any modifications must be in writing and signed by an authorized representative of Fortis Performance LLC.

Failure by Fortis Performance to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. All waivers must be in writing signed by Fortis Performance.

Fortis reserves the right to update these Terms at any time. Clients will be notified of material changes via email with 30 days notice. Continued use of services after notification constitutes acceptance of the updated Terms.

Questions about these Terms: braden@fortisperformance.org