TERMS & CONDITIONS
Last updated: October 3, 2026
Welcome to NXT Element Performance. These Terms & Conditions govern your use of our website, products, digital programs, challenges, content, and services.
By accessing our website, creating an account, purchasing a product, enrolling in a program, or otherwise using our services, you agree to these Terms.
Products and Services
NXT Element Performance offers physical products including apparel, accessories, and related merchandise, as well as digital content, fitness challenges, training programs, and other services.
We reserve the right to modify or discontinue products, programs, pricing, promotions, or services at any time without prior notice.
Product colors, appearance, and sizing may vary slightly from images displayed on the website.
Orders and Payments
By placing an order, you confirm that the information you provide is accurate and that you are authorized to use the selected payment method.
All prices are displayed in the currency shown at checkout. Applicable taxes, shipping charges, and other fees will be displayed before your order is submitted.
We reserve the right to cancel or refuse an order in the event of pricing errors, suspected fraud, product availability issues, or other circumstances requiring cancellation.
Made-to-Order Products
Many NXT Element Performance products are produced specifically after an order is placed.
Because these items are made to order, production may begin shortly after purchase and changes or cancellations may not be possible once fulfillment has started.
Returns and refunds are governed by our Refund & Return Policy.
Fitness Programs and Challenges
NXT Element Performance may offer self-paced running challenges, fitness programs, workouts, educational content, and other performance-related resources.
Participation is voluntary and undertaken at your own risk.
Our programs and content are provided for general fitness and educational purposes and are not medical advice, diagnosis, physical therapy, or individualized medical treatment.
Before beginning any exercise or training program, you should consider your personal health, fitness level, and physical limitations and consult a qualified healthcare professional when appropriate.
Stop exercising and seek appropriate medical attention if you experience unusual pain, dizziness, chest pain, shortness of breath, or other concerning symptoms.
You are responsible for determining whether any activity is appropriate for you.
Results
Individual results vary.
NXT Element Performance does not guarantee specific fitness, performance, weight-loss, competition, health, or athletic outcomes from participation in any program or challenge.
Accounts
You may be required to create an account to access certain services.
You are responsible for maintaining the confidentiality of your login information and for activity occurring through your account.
Intellectual Property
All website content, including the NXT Element Performance name, logos, triangle mark, OUTWORK ME branding, BEFORE THEY WAKE branding, STILL MADE IT HAPPEN branding, graphics, photographs, designs, videos, programs, training materials, and written content, is owned by or licensed to NXT Element Performance unless otherwise stated.
Content may not be copied, reproduced, distributed, modified, sold, or commercially used without prior written permission.
Purchasing a digital program or challenge gives you a limited, personal, non-transferable right to use that content for your own individual use.
Prohibited Use
You may not use our website or services to engage in unlawful activity, interfere with the website, attempt unauthorized access, copy protected content, distribute malicious software, or misuse our services in a way that harms NXT Element Performance or another person.
Third-Party Services
Our website may use third-party platforms and service providers for hosting, payments, fulfillment, shipping, analytics, communications, and other business operations.
We are not responsible for the independent practices, outages, policies, or services of third-party providers beyond what applicable law requires.
Limitation of Liability
To the fullest extent permitted by law, NXT Element Performance will not be liable for indirect, incidental, special, or consequential damages arising from use of our website, products, programs, or services.
Nothing in these Terms limits rights or remedies that cannot legally be excluded.
Changes to These Terms
We may update these Terms periodically.
The updated version will be posted on this page with a revised "Last updated" date.