Last Updated: June 21, 2026
These Terms of Service ("Terms") govern your use of the Kinaesthetic Performance website, application form, communications, and coaching services (collectively, the "Services") operated by Dr. John Andrus, DPT ("we," "our," or "us").
By accessing our website, submitting our application form, or engaging our coaching services, you agree to these Terms. If you do not agree, please do not use our Services.
1. Who We Are and What We Offer
Kinaesthetic Performance is a shoulder performance coaching practice. We offer:
- Educational content about shoulder rehabilitation and athletic performance
- Application-based qualification for one-on-one coaching
- Discovery Calls to discuss your situation and assess fit
- One-on-one coaching programs for qualified clients
Website: kinaestheticperformance.com
2. Coaching Is Not Medical Care
This is critical. Please read carefully.
Our Services are educational and performance-coaching services. They are NOT medical care, physical therapy, diagnosis, or treatment.
While Dr. John Andrus holds a Doctor of Physical Therapy (DPT) degree and other certifications, when providing coaching through Kinaesthetic Performance:
- We do not establish a physical therapist-patient relationship
- We do not provide medical diagnosis
- We do not prescribe treatment
- We do not replace care from your physician, physical therapist, or other licensed healthcare provider
You should:
- Consult your physician or qualified healthcare provider before beginning any exercise program
- Continue any existing medical treatment unless directed otherwise by your healthcare provider
- Seek immediate medical attention for emergencies or acute injuries
- Use your own judgment about whether any guidance we provide is appropriate for your situation
By using our Services, you acknowledge that you assume full responsibility for your own health and physical activity decisions.
3. The Application Process
When you submit our application form, you understand that:
- Submission does not guarantee acceptance into a coaching program
- The information you provide will be used to assess whether we're a good fit
- A Discovery Call may be offered to discuss your situation in more detail
- We reserve the right to decline applications for any reason
4. Discovery Calls
The Discovery Call is a free 30-minute conversation to:
- Discuss your shoulder history and current situation
- Outline what coaching with us would look like
- Determine if we're the right fit for each other
Discovery Calls are not coaching sessions. No diagnosis, treatment plan, or medical advice will be provided during the call.
5. Coaching Services
If you become a coaching client, separate terms outlined in your coaching agreement will apply. Those terms will cover:
- Specific deliverables and program structure
- Payment terms and refund policy
- Communication expectations
- Cancellation and rescheduling
- Program duration
Coaching client agreements take precedence over these Terms for matters specifically addressed in the coaching agreement.
6. SMS Communications
By opting in to receive text messages from Kinaesthetic Performance, you agree to the following:
6.1 SMS Program Description
We send transactional text messages to keep you informed about your application status, appointment confirmations, appointment reminders, and follow-up communication related to your inquiry or coaching services. We do not send promotional or marketing text messages without your explicit separate consent.
6.2 Message Frequency
Message frequency varies based on your engagement with us. You may receive messages related to your application, scheduled appointments, and reminders.
6.3 How to Opt Out
You may opt out of SMS communications at any time by replying STOP to any text message you receive from us. Once you opt out, you will receive a confirmation message, and no further SMS messages will be sent unless you opt back in.
6.4 How to Get Help
For help with SMS communications, reply HELP to any message, or contact us at [email protected].
6.5 Message and Data Rates
Message and data rates may apply based on your mobile carrier and plan. Kinaesthetic Performance is not responsible for any charges incurred by your mobile carrier.
6.6 Carrier Liability
Wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to your carrier's network availability and limitations.
6.7 Age Restriction
You must be 18 years or older to opt in to receive SMS messages from Kinaesthetic Performance. By opting in, you confirm you meet this age requirement.
6.8 Privacy
Your phone number and SMS opt-in information will be handled in accordance with our Privacy Policy, which prohibits sharing this information with third parties for marketing purposes. View our full Privacy Policy at https://kinaestheticperformance.com/privacy.
6.9 Changes to SMS Terms
We reserve the right to modify these SMS terms at any time. Continued use of our SMS services after changes constitutes acceptance of the modified terms.
7. Payment and Refunds
For paid services:
- Prices are quoted in U.S. dollars unless otherwise specified
- Payment is processed through secure third-party providers (such as Stripe)
- Refund policies for specific programs are outlined in individual coaching agreements
- Discovery Calls are provided at no cost
You authorize us to charge your payment method for any services you purchase. You're responsible for keeping payment information accurate and up to date.
8. Acceptable Use
By using our Services, you agree NOT to:
- Provide false, misleading, or fraudulent information
- Use our Services for any illegal purpose
- Harass, threaten, or harm Dr. Andrus or anyone else associated with Kinaesthetic Performance
- Attempt to gain unauthorized access to our systems, accounts, or data
- Reproduce, redistribute, or commercially exploit our content without written permission
- Use our Services to spam or distribute unwanted communications
- Impersonate another person or misrepresent your identity
We reserve the right to refuse service, terminate access, and take any other action we deem appropriate if you violate these Terms.
9. Intellectual Property
All content on our website, social media accounts, and within our Services — including text, graphics, logos, images, videos, training materials, exercise protocols, and educational materials — is the property of Kinaesthetic Performance or its licensors and is protected by copyright and other intellectual property laws.
You may:
- View and read content for personal, non-commercial use
- Share links to our public content on social media
You may NOT:
- Copy, reproduce, or republish our content without written permission
- Use our content for commercial purposes
- Resell, redistribute, or modify our content
- Use our brand name, logos, or likeness without written permission
If you become a coaching client, you may receive materials for your personal use during the program. Those materials remain our property and may not be shared with others.
10. User-Generated Content
If you share content with us (such as testimonials, progress photos, videos, or written feedback), you grant us a non-exclusive, royalty-free, worldwide license to use that content for marketing, educational, and operational purposes — including on our website, social media, and promotional materials.
You retain ownership of your content. You can revoke this permission at any time by contacting us, though we may continue using already-published content in archived materials.
You confirm that any content you share:
- Is your own original work or you have permission to share it
- Does not violate anyone else's rights
- Is accurate and not misleading
11. Disclaimers
To the fullest extent permitted by law:
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied.
We do not warrant that:
- Our Services will meet your specific needs or expectations
- Our Services will be uninterrupted, secure, or error-free
- Any information provided will be accurate, complete, or reliable
- Any outcomes — physical, athletic, or otherwise — are guaranteed
Individual results vary. Past results, testimonials, and case studies are not predictions of future outcomes for any specific person. Your results depend on your effort, consistency, health status, genetics, prior conditions, and many other factors outside our control.
12. Limitation of Liability
To the fullest extent permitted by law:
In no event will Kinaesthetic Performance, Dr. John Andrus, or anyone associated with our business be liable for any indirect, incidental, consequential, special, or exemplary damages arising from your use of our Services — including but not limited to physical injury, lost profits, lost data, or business interruption.
Our total liability for any claim related to our Services will not exceed the amount you paid us in the 12 months preceding the event giving rise to the claim. For free services (such as Discovery Calls), our total liability will not exceed $100.
Some jurisdictions don't allow limitations on certain liability, so these limits may not apply to you.
13. Indemnification
You agree to indemnify and hold harmless Kinaesthetic Performance, Dr. John Andrus, and our affiliates from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Any content you submit or share with us
14. Termination
We may terminate or suspend your access to our Services at any time, with or without notice, for any reason — including violations of these Terms.
You may stop using our Services at any time. If you're a coaching client, termination is governed by your coaching agreement.
Upon termination, provisions of these Terms that should reasonably survive (including intellectual property, disclaimers, and limitations of liability) will continue to apply.
15. Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law principles. Any disputes will be resolved in the state or federal courts located in California.
16. Dispute Resolution
Before filing any legal action, we ask that you first contact us at [email protected] to attempt to resolve the issue informally. We're committed to addressing concerns honestly and fairly.
If informal resolution doesn't work, disputes will be resolved in accordance with applicable California law and procedure.
17. Changes to These Terms
We may update these Terms from time to time. The "Last Updated" date at the top will reflect any changes. Significant changes will be communicated more prominently (such as via email or a website notice).
Your continued use of our Services after changes constitutes acceptance of the updated Terms.
18. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. The unenforceable provision will be replaced with one that comes closest to expressing the original intent.
19. Entire Agreement
These Terms, together with our Privacy Policy and any specific coaching agreements, constitute the entire agreement between you and Kinaesthetic Performance regarding your use of our Services.
20. Contact Us
If you have questions about these Terms, please contact us:
Website: kinaestheticperformance.com