Terms of Service

These terms cover how training works with Prime By Design, our text messaging program, plans and payment, and the risks that come with athletic activity. Data handling is covered in our Privacy Policy, and both apply together.

1. Agreement to these terms

Prime By Design LLC ("Prime By Design") is a basketball training academy at 3437 S 159th St, Gilbert, Arizona, founded and led by head trainer Joshua Mercado. "Prime By Design", "we", "us" and "our" mean Prime By Design. "You" means the individual using our website, or the parent or legal guardian of an athlete enrolled in our programs.

By using the website at primebydesign.co, booking a free evaluation, enrolling an athlete, or otherwise taking part in our programs, you agree to these Terms of Service and to our Privacy Policy. If you disagree with any part, do not book or enroll.

2. Our programs

• Small group training. Sessions of 4 to 8 athletes, grouped by level (Beginner, Intermediate and Advanced). Girls-only sessions are available.
• Private training. One-on-one sessions with a Prime By Design trainer, booked directly with us.
• Online training. Training plans and video feedback delivered through our training app, which is run by a third party provider and has its own terms.

Schedules, locations, trainers and program formats may change, and we will give as much notice as we reasonably can. We do not promise any particular athletic result, team placement, scholarship or playing time.

3. Free evaluation

Each new athlete may take one free evaluation session, booked at /free-eval, at no charge and with no obligation to enroll or buy anything afterward. It is a chance for us to see where your athlete is and for you to see whether our training fits. If you cannot make a booked evaluation, please cancel or reschedule in advance so another athlete can take the spot.

4. Eligibility

You must be at least 18 years old to use the forms on this site, to enroll an athlete, to purchase any service, or to opt in to text messages. Athletes who are minors may take part only when a parent or legal guardian has enrolled them and accepted these terms and the liability waiver on their behalf. By enrolling an athlete you confirm that you are their parent or legal guardian and have authority to agree to these terms for them.

5. SMS program terms

Program. Messages in our text messaging program come from Prime By Design only.

How you opt in. You join only by ticking one or both of the optional text message checkboxes on a form on this site: the contact form at /contact, the free evaluation form at /free-eval, the enrollment form at /enroll, or the job application at /careers. Neither box is ever prechecked. A phone number on its own is never consent: our forms ask for a mobile number so that we can reach you by phone, but we text only numbers whose owner ticked a text message box. By ticking a text message box you confirm that you are the owner or authorized user of the mobile number you provided and that you are at least 18 years old. We never buy, rent or import phone numbers or SMS consent from a third party list.

Three separate checkboxes. Each form carries three checkboxes. The first, required to submit the form, is your agreement to our Privacy Policy and these Terms of Service; it is not consent to receive text messages. The second and third are optional, separate and unticked by default. The second, for transactional messages, reads:

"(Optional) I agree to receive appointment and account text messages from Prime By Design, such as booking confirmations, session reminders, schedule changes and replies to my inquiry, at the mobile number provided. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. Consent is not a condition of purchase."

The third, for marketing messages, reads:

"(Optional) I agree to receive marketing text messages from Prime By Design, such as training program updates, events and special offers, at the mobile number provided. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. Consent is not a condition of purchase."

Each box covers one kind of message, and we send only the kind you opted in to:

• Transactional messages (second box). Booking confirmations, session reminders, schedule changes, replies to your inquiry, and account notifications.
• Marketing messages (third box). Training program updates, events and special offers.

Opting in to one does not opt you in to the other. You can tick either box, both, or neither.

Not a condition of purchase. Neither text message consent is a condition of purchasing any training or other service from us, and you can submit any form on this site without ticking either text message box. If you do not want to give it, you can call us at (623) 294-9893, email info@primebydesign.co, or book and enroll by phone instead. You can also reply STOP at any time after opting in.

Frequency and cost. Message frequency varies. Message and data rates may apply, and those charges come from your mobile carrier, not from us.

STOP and HELP. Reply STOP to any message to opt out. You will receive one message confirming that you have been unsubscribed, and no further texts unless you opt in again. Reply HELP for help, or contact us at info@primebydesign.co or (623) 294-9893. Opting out of texts does not affect your athlete's training or enrollment.

Carriers. Mobile carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier and device, and we cannot guarantee that every message arrives.

Privacy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent are excluded from all information sharing. Our Privacy Policy explains in full how mobile numbers and SMS consent are handled.

6. Plans and payment

• How you enroll and pay. You enroll through the form at /enroll, or by contacting us. At the end of that form you are sent to our payment processor's secure hosted checkout page. Payments are currently processed through Stripe; the processor may change. Your card details are entered with and held by the processor and never touch our website, and we never see or store full card numbers.
• Plans. Training is sold as a monthly plan by weekly frequency: $160 per month for 1 session a week, $280 per month for 2 sessions a week, and $400 per month for Unlimited. The price of the plan you chose is shown to you on the checkout page before any charge is made.
• Monthly billing and automatic renewal. If you choose to pay monthly, your plan renews automatically and your card is charged each month until you cancel. You can cancel or change your plan at any time before your next renewal date by contacting us at info@primebydesign.co or (623) 294-9893, and no further monthly charges will be made after the cancellation takes effect.
• Paying upfront. You can instead pay for 3, 6 or 12 months upfront at 5%, 10% or 15% off the monthly rate (for example, $456, $864 or $1,632 for 1 session a week; $798, $1,512 or $2,856 for 2 sessions a week; $1,140, $2,160 or $4,080 for Unlimited). An upfront payment is a single charge covering the months you chose, and it does not renew automatically. We will contact you before the paid months end.
• Securing a spot. Payment secures your athlete's place in the plan you chose. A spot is not held until payment is received.
• Failed payments. If a payment or renewal fails, we will contact you to arrange payment. Training may pause until the payment goes through.
• Refunds and transfers. Refund and transfer terms are confirmed with you in writing at enrollment. If something comes up, such as an injury or a move, talk to us and we will be reasonable.
• Price changes. We may change prices in the future. A change never applies to a period you have already paid for, and we will tell you before a change affects a monthly renewal.

7. Bookings and scheduling

Small group sessions are grouped by level and capped at 8 athletes. Private sessions are booked directly with us. A booking is confirmed when you receive a confirmation from us. If your athlete cannot make a session, let us know as early as you can so the spot can go to another athlete.

8. Liability waiver and assumption of risk

The waiver. Enrollment at /enroll includes a liability waiver that a parent or legal guardian signs before training begins. It covers assumption of risk, a release of claims, medical authorization, and a media release with a written opt-out. The signed waiver forms part of your agreement with us, and these terms summarize it.

Inherent risk. Basketball training involves strenuous physical activity and carries an inherent risk of injury, including sprains, strains, fractures, concussions and contact injuries. By enrolling an athlete you confirm that the athlete is physically able to take part and that you have told us about any medical condition that could affect their safety.

Medical clearance. If your athlete has an injury, a medical condition or has been under a doctor's care, you are responsible for getting clearance from your own healthcare provider before they train. Our trainers do not provide medical clearance, diagnosis or treatment, and nothing said during training is medical advice.

Release. To the fullest extent permitted by Arizona law, you assume the ordinary risks of athletic participation and release Prime By Design, its trainers and staff from claims arising out of those ordinary risks. Nothing in these terms releases liability that cannot lawfully be released, including liability for gross negligence or intentional misconduct.

Emergency medical care. If a parent or guardian cannot be reached in an emergency, you authorize us to seek emergency medical care for the athlete at your expense.

Free evaluations. These terms apply from the moment you book a free evaluation, whether or not the enrollment waiver has been signed yet.

9. Conduct

Athletes, parents and guardians are expected to treat trainers, staff, other athletes and facility hosts with respect, to arrive on time, and to follow the rules of every facility we train in. We may end a session, or remove an athlete from a program, for conduct that puts athletes or trainers at risk or that is abusive toward anyone. You also agree not to misuse this website, including by submitting false information or another person's phone number, or by interfering with how the site works.

10. Photos and media

We may photograph or film sessions and events, for coaching and for use in our own content, including our website and social media. The media release in the enrollment waiver covers this. You can opt your athlete out in writing at any time by emailing info@primebydesign.co, and you can ask us to take down a specific photo or clip. We will remove it from anything we control. Our Privacy Policy says more.

11. Job applications

If you apply for a Training Intern position at /careers, the information you submit is used only to evaluate your application. Submitting an application does not create an offer or a contract of employment.

12. Intellectual property

The Prime By Design name and logo, and the text, images, video, drills, training plans and other materials on this site, in our programs and in our training app content, belong to Prime By Design or its licensors. You may use them for your own personal, non-commercial training. You may not copy, resell or republish them without our written permission.

13. Disclaimers and limitation of liability

This website and its content are provided as is, without warranties of any kind, to the fullest extent permitted by law. Training information on this site is general and is not medical advice.

To the fullest extent permitted by law, our total liability for any claim arising from our programs or this site is limited to the amount you paid us in the twelve months before the claim. We are not liable for indirect, incidental, special or consequential damages. Nothing here limits liability that cannot lawfully be limited.

14. Governing law

These terms are governed by the laws of the State of Arizona, without regard to conflict of law rules. Any dispute that cannot be resolved directly with us will be handled in the state or federal courts serving Maricopa County, Arizona.

If any part of these terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.

15. Changes to these terms

We may update these terms. Material changes will be communicated in advance, the date at the top of the page will change, and the current version always lives on this page. Continuing to use our site or programs after a change means you accept the updated terms.

16. Contact us

• Email info@primebydesign.co
• Phone (623) 294-9893
• Mail Prime By Design, attention Joshua Mercado, 3437 S 159th St, Gilbert, AZ 85297
• Online /contact