Terms and Conditions

Terms & Conditions

Marks PeakForm— Musclepumpt LLC, Howell, MI 48843 — info@markspeakform.io

Last Updated: July 28, 2026

IMPORTANT — READ CAREFULLY. By clicking "Buy Now," "Enroll," "Subscribe," "I Agree," accessing our services, or otherwise processing payment, you are entering a legally binding contract with Musclepumpt LLC, d/b/a Marks PeakForm ("Company," "Trainer," "we," or "us"), acting through its owner and trainer, Mark Stroker. If you do not agree, do not purchase or use our services.

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1. Parties & Electronic Assent

These Terms govern all personal training, life coaching, health coaching, nutrition guidance, digital products, meal plans, guides, and virtual or in-person sessions provided by the Company. Your act of clicking to purchase, enroll, or agree constitutes your electronic signature under the federal E-SIGN Act and the Uniform Electronic Transactions Act (UETA), with the same effect as a handwritten signature. No oral statement modifies these Terms; modifications must be in writing and signed by an authorized Company representative.

2. Age & Legal Capacity

You represent that you are at least eighteen (18) years of age and have full legal capacity to enter this Agreement. Our services are intended exclusively for adults; individuals under 18 may not enroll, purchase, or use any Company services, digital products, or guides under any circumstance. If we discover an account was created by or on behalf of a minor, access will be terminated immediately without refund.

3. Health Disclosure & Medical Prerequisite

You represent that you are in good physical and mental health, or have obtained written clearance from a licensed physician to engage in physical training and dietary changes. Before your first session, you will complete a Physical Activity Readiness Questionnaire (PAR-Q) and Lifestyle Questionnaire honestly and completely. If you answer "yes" to any PAR-Q question, written physician approval is required before your first session. You have a continuing obligation to promptly disclose to the Trainer any change in medical status, medication, injury, surgery, pregnancy, or diagnosed condition that could affect your ability to safely participate.

4. No Medical, Therapeutic, or Licensed Services

THE COMPANY IS NOT A MEDICAL PRACTICE, LICENSED DIETITIAN, PHYSICAL THERAPY CLINIC, OR PSYCHOTHERAPY PROVIDER.** Trainer holds a NASM Corrective Exercise Specialist certification and a Precision Nutrition Level 1 credential, but is not a licensed physician, physical therapist, registered dietitian, psychologist, or certified athletic trainer in any state. All coaching — including fitness programming, nutrition guidance, biomarker/lab-panel education, and mindset/life coaching — is provided for general educational and wellness purposes only. No doctor-patient, dietitian-client, or therapist-client relationship is created. We do not diagnose, treat, or cure any medical condition. Consult a licensed physician before starting or changing any exercise or nutrition program, or before making decisions based on lab or biomarker data.

5. Results Not Guaranteed

Fitness and wellness outcomes depend on many factors outside our control, including genetics, age, pre-existing conditions, compliance, sleep, and stress. Any timelines, weight-loss figures, or testimonials referenced in our marketing illustrate possible outcomes, not guarantees. Your individual results may vary significantly.

6. Assumption of Risk

You understand that personal training, strength conditioning, cardiovascular exercise, and nutritional changes carry inherent risks of serious injury, illness, or death, including but not limited to: muscle, joint, and ligament injuries; fractures; neck or spinal injury; rhabdomyolysis; heat exhaustion or dehydration; cardiac events; slips, falls, or loss of balance; and adverse reactions to dietary changes. You knowingly and voluntarily assume all such risks, known and unknown, that arise from our ordinary negligence in the design or delivery of our programs. You retain the right to stop or reduce exercise at any time and agree to promptly tell your Trainer about any pain, dizziness, shortness of breath, or chest discomfort during a session.

7. Release & Waiver of Liability — Michigan Law

In consideration of being permitted to participate in Company programs and to purchase services at our published rates, and intending to be legally bound, to the fullest extent permitted by Michigan law, you release, waive, and forever discharge the Company, Musclepumpt LLC, Mark Stroker, and our employees, agents, and independent contractors from any and all claims, demands, or causes of action for personal injury, illness, property damage, or death arising from your participation in our programs, to the extent such claims arise from our **ordinary negligence**.

7.1 Carve-Out — Gross Negligence & Willful Misconduct.** Nothing in these Terms releases the Company from liability for its own gross negligence, recklessness, or willful or intentional misconduct, regardless of your state of residence.

7.2 State-Specific Terms.** If you reside outside Michigan, you retain any non-waivable rights under the law of your home state; where these Terms conflict with that law, your home state's law controls only to the minimum extent required. **California residents** expressly waive California Civil Code §1542 as it relates to claims released under Section 7 (excluding the Section 7.1 carve-out). **New York and New Jersey residents:** this release does not and cannot waive claims for gross negligence or willful misconduct.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company from claims, damages, and reasonable attorneys' fees arising from your breach of these Terms, your failure to accurately disclose a medical condition or limitation, or your own negligent or intentional acts. If in-person training occurs at a location you provide or secure, you are responsible for ensuring that location is reasonably safe and agree to indemnify us against related third-party claims or property damage.

9. Limitation of Liability

To the extent any liability survives this release, our total aggregate liability for any claim will not exceed the total amount you paid us in the three (3) months preceding the claim, and we will not be liable for indirect, incidental, special, consequential, or punitive damages. This limitation does not apply to liability arising under the Section 7.1 carve-out.

10. Personal Training & Coaching Fees

10.1 In-Person / Hybrid Sessions** (short distance, up to 25 miles):

| Package | Price | Notes |

| Single session — 1 person | $75 / session | Taxes & fees not included |

| Single session — 2 people | $80 / session | |

| Single session — 3 people | $100 / session | |

| 9-session package | $630 total | Savings vs. single-session rate |

| 12-session package | $780 total | Savings vs. single-session rate |

10.2 Hybrid Sessions.** Up to 4x/week; at least 50% of sessions must be completed online. Priced as an in-person package starting at $455/month plus distance fee, if applicable. Taxes and fees not included.

10.3 Online-Only Sessions.** $60/week (1x), $55/week (2x), $50/week (3x). Add $5/week for a second participant and $10/week for a third.

10.4 Extra Distance Fee** (in-person, beyond 25 miles of Howell, MI 48843): +$10 (5 mi), +$15 (10 mi), +$20 (15 mi), +$25 (20 mi), applied per session or, at the corresponding rate, per package.

10.5 Prepayment Required.** All services must be paid in full before commencement. Services will not begin until payment has cleared and all required intake forms, including the PAR-Q, are complete.

10.6 Auto-Renewal.** Monthly packages, memberships, and subscriptions automatically renew every 30 days at the then-current published rate until cancelled. By purchasing, you authorize us to charge your payment method on file for recurring charges. To cancel auto-renewal, email info@markspeakform.io at least seven (7) calendar days before your next billing date. No pro-rated refunds are issued for mid-cycle cancellation.

10.7 Package Expiration.** Sessions in a multi-session package must be used within sixty (60) days of purchase. Unused sessions are forfeited with no credit or refund, except in the case of documented hospitalization supported by a signed doctor's note.

10.8 Late or Failed Payments.** A payment that fails or is declined incurs a $15 administrative fee after five (5) days. Services are suspended until the balance and fee are paid in full.

10.9 Account Freezing.** Freezing your account moves you to a maintenance membership at $15/month (app access only, no coaching sessions). Prepaid sessions are not refunded upon freezing, and you remain responsible for any balance due for the current billing month.

11. All Sales Final — No Refunds

All purchases of sessions, packages, programs, meal plans, digital products, and app access are final. We do not issue cash, credit-card, or chargeback refunds for any reason, including dissatisfaction with services or results, injury, illness, pregnancy, relocation, change of financial circumstances, change of mind, or scheduling conflicts.

11.1 Bad-Faith Chargebacks. If you file a chargeback or payment dispute without first contacting us in writing, and the dispute is resolved in our favor, you agree to reimburse us for the disputed amount plus a $250 administrative fee and any reasonable costs of collection.

12. Cancellation, Rescheduling & No-Shows

**12.1 No Cancellations.** You may not cancel a scheduled session for any reason. All purchased sessions are non-cancellable and non-refundable; your only option is to reschedule under the terms below.

12.2 Rescheduling.** Rescheduling with at least twelve (12) hours' notice incurs no penalty. Rescheduling with less than 12 hours' notice, or a no-show, results in forfeiture of that session with no credit or refund. The sole exception is documented hospital admission, with official documentation submitted within 24 hours of the missed session, subject to Company approval. You may reschedule a given session up to two (2) times; a third reschedule request for the same session incurs a $25 administrative fee.

12.3 Trainer Delays.** If your Trainer is late, we will extend your session by the equivalent time or offer a virtual make-up session the same day; no credit or refund is issued for Trainer delays. Force majeure events (Section 18) allow us to reschedule within fourteen (14) days.

12.4 Session Length & Early Termination.** Sessions begin at the mutually agreed time and last sixty (60) minutes. Your Trainer may end a session early, at their discretion, if you cannot safely maintain the required pace, fail to follow safety instructions, or pose a safety risk to yourself or others; no refund is issued for a safety-related early termination.

13. Intellectual Property & Confidentiality

13.1 Ownership.** All videos, workout programs, meal plans, guides, templates, and other materials we provide are our exclusive intellectual property. You receive a single, revocable, non-transferable license to use these materials for personal, non-commercial purposes only. You may not copy, resell, share access credentials to, or distribute these materials, and may not use them to train other individuals for compensation.

13.2 Confidentiality.** Information you share during coaching sessions is kept confidential, except where disclosure is required by law (including risk of harm to self or others) or you provide written consent.

13.3 Recording & Transcription.** You consent to our recording or transcribing virtual sessions and calls for quality assurance, progress tracking, and internal training purposes.

13.4 Marketing, Testimonial & Photo Release.** You grant us permission to use your name, likeness, photographs, before/after images, and testimonial, in whole or part, for marketing and advertising in any media, including our website and social accounts, unless you opt out in writing. This grant continues until you revoke it in writing; we have no obligation to return photos or images. You release us from claims of libel or invasion of privacy arising from this permitted use.

14. Third-Party Products, Platforms & Supplements

We may recommend third-party supplements, vitamins, or software/app platforms. We are not the manufacturer of any recommended supplement and disclaim liability for their formulation, labeling, or safety; you are responsible for vetting ingredients and consulting a physician about interactions. We likewise disclaim liability for outages, data loss, or breaches on third-party hosting, scheduling, or payment platforms used to deliver services.

15. Communications Consent (TCPA)

By providing a phone number, you consent to receive transactional, administrative, and promotional communications — including automated SMS/MMS text messages and calls — from us and our payment processors. Consent to marketing texts is voluntary and not a condition of purchase; you may revoke it at any time by replying "STOP" or contacting us in writing. Standard message and data rates may apply.

16. Termination for Cause

We may terminate your access to services immediately, without refund or credit, if you engage in abusive or harassing behavior toward staff, use our materials to train others for compensation, initiate a bad-faith chargeback, or pose a safety risk during sessions.

17. Governing Law, Arbitration & Class Action Waiver

17.1 Governing Law.** These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles.

17.2 Mandatory Arbitration.** Any dispute arising out of or relating to these Terms will first be submitted to good-faith mediation; if mediation fails, the dispute will be resolved by binding arbitration before one arbitrator administered by the American Arbitration Association, with hearings in Livingston County, Michigan. Each party waives the right to a jury trial.

17.3 No Class Actions.** You waive any right to participate in a class action or class-wide arbitration; any arbitration or proceeding is limited to the dispute between you and the Company individually.

17.4 Time to File a Claim.** To the extent permitted by Michigan law, any claim arising from these Terms must be filed within one (1) year of the date the underlying event occurred, or it is permanently barred.

18. Force Majeure

We are excused from performance delayed or prevented by causes beyond our reasonable control, including acts of God, natural disasters, pandemics, government action, internet or technology failures, or illness.

19. Entire Agreement, Amendment & Severability

These Terms, together with the PAR-Q and any signed program-specific addenda completed at intake, are the entire agreement between the parties and supersede prior discussions or marketing materials. We may update these Terms with thirty (30) days' written notice; continued use of our services after that date constitutes acceptance. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid, and the remainder of these Terms remains in full force and effect.

20. No Third-Party Beneficiaries

These Terms are between you and the Company only. They do not create any right enforceable by any other person, including a spouse, family member, employer, or minor child.

21. Notices

Any notice required under these Terms must be in writing and sent by email to info@markspeakform.io (Company) or to the email address you have on file (Client). Notice is effective when sent, unless the sender receives an automated delivery-failure message.

22. No Waiver of Breach

Our failure to enforce any provision of these Terms on a given occasion is not a waiver of that provision or of our right to enforce it later.

23. Assignment

We may assign these Terms in connection with a sale, merger, or reorganization of our business. You may not assign these Terms or any rights under them without our prior written consent.

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Final Acknowledgment:

By checking the box and/or completing your purchase, you confirm that: (1) you are at least 18 years of age; (2) you have read and understood these Terms; (3) you understand you are waiving significant legal rights, including the right to sue the Company for its ordinary negligence; (4) you voluntarily assume the risks of participation described in Section 6; (5) you understand all sales are final and no refunds will be issued except as expressly stated above; and (6) you have had the opportunity to consult an attorney of your choice before agreeing.

☐ *I have read and agree to the Terms & Conditions above.*

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*Marks PeakForm • Musclepumpt LLC • Howell, MI 48843 • info@markspeakform.io*