Terms and Conditions

Musclepumpt LLC, Howell, MI 48843 — support@markspeakform.com

Last Updated: April 11, 2026

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IMPORTANT LEGAL NOTICE: THIS IS A BINDING LEGAL CONTRACT. BY CLICKING “APPLY,” “ENROLL,” “PURCHASE,” “SUBMIT,” “I AGREE,” “CLAIM MY SPOT,” OR BY ACCESSING, PROCESSING PAYMENT FOR, OR USING ANY SERVICES OFFERED HEREIN, YOU ARE COMMITTING AN OVERT ACT OF SIGNATURE AND EXPRESSLY AGREEING TO BE BOUND BY ALL TERMS, CONDITIONAL RELEASES, AND WAIVERS CONTAINED IN THIS DOCUMENT. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY EXIT THIS PAGE AND REFRAIN FROM PURCHASING OR USING OUR SERVICES.

1. Parties and Corporate Structure

This Agreement is entered into by and between Musclepumpt LLC, doing business as Marks PeakForm (“Company,” “we,” “us,” or Our”), and you (“Client,” “you,” or “your”). These Terms govern all services, digital products, fitness guides, nutritional tracking frameworks, electronic communication, virtual consulting, and application platforms (including third-party software provided through us), whether delivered online, remotely, or in person.

2. Binding Assent via Overt Action (E-SIGN Act Compliance)

You acknowledge and agree that your voluntary action of clicking any button to purchase, apply, enroll, or access our services constitutes your electronic signature and complete legal assent under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA). You waive any legal right to claim this Agreement is unenforceable due to the absence of a handwritten signature or physical checkbox. No oral or written representations by either party outside of this document shall modify these terms unless executed in an explicit, written amendment signed by an authorized officer of the Company.

3. Absolute Age Restriction & Capacity

You explicitly represent and warrant that you are at least eighteen (18) years of age and possess the full legal capacity to enter into this binding contract. The Company’s services, digital programs, and fitness guides are designed and intended exclusively for adults. Minors under the age of 18 are strictly prohibited from enrolling, purchasing, or utilizing any resources offered by the Company. If the Company discovers any account or registration has been created by or on behalf of a minor, access will be terminated instantly without a refund.

4. Health Disclosure and Medical Prerequisite

You expressly represent and warrant that you are in excellent physical and mental health, or that you have obtained explicit written clearance from a licensed physician to engage in high-performance physical training, strength conditioning, and dietary changes. You are under a continuous, legal obligation to immediately disclose to the Company any changes in your medical status, including but not limited to: cardiovascular irregularities, chest pain, dizziness, joint/bone injuries, surgeries, metabolic disorders, high blood pressure, pregnancy, or prescription medication alterations.

5. No Medical, Nutritional, or Diagnostic Advice

CRITICAL NOTICE: THE COMPANY IS NOT A MEDICAL ORGANIZATION, LICENSED DIETITIAN, OR PHYSICAL THERAPY CLINIC.

All content, fitness tracking tools, health frameworks, or supplement information provided are strictly for general educational and wellness purposes. No doctor-patient or professional-client relationship is created. The Company does not diagnose, treat, or cure any medical condition. You are directed to consult your physician before implementing any physical training or nutritional strategies.

6. Biomarker, Laboratory, and Metabolic Panel Disclaimer

You acknowledge and agree that any educational material, guides, or coaching feedback regarding biological markers, laboratory blood panels, metabolic metrics, or physiological data are provided solely for baseline physical performance tracking and athletic optimization. The Company does not interpret lab results to diagnose, treat, prevent, or cure any medical condition, disease, or hidden pathology. Any adjustments to your training or lifestyle based on biological tracking are undertaken at your sole physical risk, and you are explicitly directed to review all lab data with a licensed medical practitioner.

7. Virtual Session Recording and Transcription Consent

You acknowledge and explicitly agree that virtual coaching sessions, video consultations, or audio calls may be recorded, digitally captured, or dynamically transcribed by the Company for quality assurance, client progress tracking, and internal record-keeping purposes. You grant the Company explicit, irrevocable consent to record and transcribe all such electronic communications across all state, federal, and international jurisdictions.

8. EXPRESS EXPRESSION AND ASSUMPTION OF RISK

YOU ACKNOWLEDGE THAT PHYSICAL TRAINING, STRENGTH CONDITIONING, CARDIOVASCULAR EXERCISE, AND NUTRITIONAL ADJUSTMENTS INVOLVE INHERENT RISKS OF SERIOUS BODILY INJURY, PERMANENT DISABILITY, ILLNESS, OR DEATH.

These risks include, but are not limited to: muscular/skeletal injuries, rhabdomyolysis, metabolic distress, cardiac events, dehydration, equipment malfunction, slips and falls, or adverse reactions to dietary modifications. You explicitly, knowingly, and voluntarily assume all risks—both known and unknown, foreseeable or unforeseeable—associated with your participation in the Company’s programs.

9. TOTAL RELEASE OF LIABILITY AND COVENANT NOT TO SUE

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS MUSCLEPUMPT LLC (DBA MARKS PEAKFORM), ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF ORDINARY NEGLIGENCE.

THIS INCLUDES, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE, OR WRONGFUL DEATH ARISING FROM YOUR USE OF OUR TRAINING, NUTRITIONAL SYSTEMS, DIGITAL GUIDES, OR THIRD-PARTY APPLICATIONS, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF THE COMPANY OR OTHERWISE. YOU AGREE THAT YOU, YOUR HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVES WILL NOT SUE OR MAKE A CLAIM AGAINST THE COMPANY FOR ANY INJURY OR DAMAGE RISKED UNDER THIS AGREEMENT.

10. Third-Party Supplement and Product Liability Disclaimer

Through our services, the Company may recommend, link to, or provide access to wholesale pipelines and digital dispensaries for nutritional supplements, vitamins, botanical extracts, or specialized peptides. You acknowledge that the Company is not the manufacturer of these consumer goods and exercises no control over their chemical formulations, safety testing, labeling, or manufacturing practices. The Company completely disclaims all product liability, express or implied warranties, or claims for adverse physiological reactions, allergen exposures, or injury resulting from the ingestion or use of any recommended supplements. You assume total responsibility for vetting ingredients and consulting your physician regarding biochemical interactions.

11. Results Disclaimer and Variable Outcomes

The Company makes no guarantees, promises, or warranties regarding specific physical outcomes, body composition metrics, weight loss, or health performance improvements. Results vary widely based on individual compliance, genetic disposition, effort, sleep, and baseline health history. Testimonials used in marketing represent anomalous, non-typical experiences and do not serve as a baseline guarantee.

12. Financial Terms, Recurring Billing, and Chargeback Allocation

All payments, digital product purchases, and enrollment fees are strictly non-refundable. Subscriptions operate on an automated recurring basis. You bear sole administrative responsibility for executing cancellations prior to billing cycles. If you initiate a fraudulent or bad-faith chargeback dispute with your credit card company or banking institution without first contacting the Company in writing, you agree to reimburse the Company for the full cost of the disputed amount plus an administrative penalty of $250.00 and all associated legal fees required to collect the debt.

13. Scheduling, Late-Arrival, and Cancellation Enforcement

A strict 48-hour notice policy applies to all 1-on-1 scheduled sessions (virtual or in-person). Cancellations made with less than 48 hours' notice, or client no-shows, will result in immediate forfeiture of the session without credit, refund, or dynamic rescheduling options.

14. Digital Infrastructure and Third-Party Platforms

The Company utilizes third-party software, applications, hosting environments, and payment processors. The Company completely disclaims all liability for data breaches, application down-time, service interruptions, or software glitches occurring on these external platforms.

15. Premises and In-Person Training Liability

If any training occurs at your residential property or a location secured by you, you assume absolute responsibility for providing a safe, hazard-free environment. You agree to indemnify and defend the Company against any third-party claims or structural property damage arising during the provision of on-site services.

16. Intellectual Property Protection and Non-Disclosure

All digital products, PDFs, specialized templates, custom video assets, and coaching frameworks delivered to you are the exclusive intellectual property of the Company. You are granted a single, revocable, non-transferable license for personal use only. Copying, reselling, sharing access credentials, or distributing these materials via public channels or digital storage is strictly prohibited and will be prosecuted to the fullest extent of copyright and trade secret law.

17. Comprehensive Indemnification

You agree to defend, indemnify, and hold harmless the Company and its agents from any and all liabilities, losses, damages, or expenses (including reasonable attorneys' fees and court costs) resulting from your breach of this Agreement, your failure to accurately disclose physical or medical limitations, or any third-party claims resulting directly or indirectly from your actions.

18. Maximum Cap on Liability

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ANY BREACH OF CONTRACT, NEGLIGENCE, OR CLAIM EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE ACCRUAL OF THE CLAIM. THE COMPANY SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES UNDER ANY CIRCUMSTANCES.

19. Shortened Limitation of Actions

You agree that any claim, lawsuit, or arbitration arising out of or related to this Agreement or the services provided must be filed within one (1) year from the date the underlying event or incident occurred. Failure to file within one (1) year constitutes an absolute, permanent legal bar to bringing the claim, waiving any longer state or federal statutes of limitations.

20. Force Majeure

The Company is legally excused from performance obligations or operational delays resulting from acts of God, pandemics, government closures, internet infrastructure failures, illness, or any cause completely beyond the reasonable control of the Company.

21. TCPA Communication & SMS Text Messaging Consent

By providing your wireless telephone number to the Company, you explicitly grant your prior express written consent to receive transactional, operational, administrative, and promotional communications—including email, push notifications, and automated SMS/MMS text messages—from the Company, its platforms, and its financial processors. You acknowledge that these messages may be delivered using an automatic telephone dialing system or automated texting software. Your consent to receive these marketing text messages is entirely voluntary and is not a required condition of purchasing any product or service. You retain the absolute right to revoke this consent at any time by replying "STOP" directly to any received text message or by contacting the Company in writing. Standard message and data rates may apply.

22. Governing Law, Venue Selection, and Mandatory Arbitration

This Agreement shall be governed exclusively by, and construed in accordance with, the laws of the State of Michigan, without regard to conflict of law principles. Any dispute, controversy, or claim arising out of or relating to this contract shall first be submitted to mandatory mediation. If mediation fails, the matter shall be settled by binding arbitration administered by the American Arbitration Association (AAA) or a mutually agreed private arbitrator, with hearings taking place exclusively in Livingston County, Michigan. You explicitly waive any right to participate in a class-action lawsuit or class-wide arbitration.

23. Severability (The Absolute Safety Net)

If any provision, paragraph, or specific clause of this Agreement is deemed invalid, illegal, or unenforceable by an arbitrator or a court of competent jurisdiction, such determination shall not affect the validity or enforceability of any other provision. The invalid portion shall be modified to the minimum extent necessary to make it valid, and the remainder of the Agreement shall remain in full, unrestricted force and effect.

24. Entire Agreement

This document constitutes the entire integrated agreement between the parties regarding its subject matter and supersedes all prior discussions, marketing communications, or temporary arrangements.

FINAL EXPRESS ACKNOWLEDGMENT

BY CONTINUIING WITH YOUR TRANSACTION, ACCESSING OUR ASSETS, OR ENTERING PIECEWISE PAYMENT OR CONFIRMATION SCHEMES, YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE READ THIS ENTIRE AGREEMENT, FULLY UNDERSTAND THAT YOU ARE FORFEITING SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO IT, AND ACCEPT IT VOLUNTARILY, INTENDING IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.

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I have read and agree to the Terms of Service and Liability Waiver.

By clicking “Buy Now,” “Subscribe,” “Enroll,” or “I Agree,” I confirm that I understand this is a legally binding agreement, that all sales are subject to the refund and cancellation terms above, and that I assume the risks of fitness participation.