Terms and Conditions

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

Last Updated: April 11, 2026

⚠ NOTICE: THIS IS A LEGALLY ENFORCEABLE CONTRACT. ACCESSING SERVICES, PURCHASING SUBSCRIPTIONS, OR UTILIZING COMPANY INTELLECTUAL PROPERTY CONSTITUTES IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONSTRUCTIVE KNOWLEDGE OF ALL PROVISIONS.

1. PARTIES, CAPACITY & ASSIGNABILITY

1.1 THE PARTIES: This Agreement is between the "Client" (You) and Musclepumpt LLC, including its principal Mark Stroker, and all employees, contractors, and affiliates (collectively, the “Company”).

1.2 ASSIGNABILITY: The Company reserves the unilateral right to delegate or assign coaching duties to any qualified personnel. This Agreement remains binding regardless of the specific service provider.

1.3 SUCCESSORS: This Agreement shall inure to the benefit of and be binding upon the Client’s and Company's heirs, executors, administrators, and legal successors.

1.4 THIRD-PARTY INDEMNITY: Client is solely responsible for any guest, spouse, or minor present during a session. Client shall indemnify the Company against any claims brought by said third parties.

1.5 SHADOW USERS: Use of Company materials by non-Clients is a material breach. Client assumes 100% liability for any injury to unauthorized parties accessing the service via Client's credentials.

1.6 MINORS: If Client is under 18, a parent/guardian must execute this. Client warrants they will not attempt to disaffirm this contract based on age.

1.7 NO JOINT VENTURE: Company is independent from any third-party gyms, apps, or medical providers.

2. MANDATORY ARBITRATION & CLASS ACTION WAIVER

2.1 BINDING ARBITRATION: Any dispute arising out of this Agreement shall be settled exclusively by individual arbitration administered by JAMS in the State of Michigan.

2.2 JURY TRIAL WAIVER: THE PARTIES IRREVOCABLY WAIVE THEIR CONSTITUTIONAL RIGHT TO A TRIAL BY JURY.

2.3 CLASS ACTION WAIVER: CLAIMS SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY; REPRESENTATIVE OR CLASS-WIDE PROCEEDINGS ARE STRICTLY PROHIBITED.

2.4 STATUTE OF REPOSE: Any cause of action must be commenced within one (1) year of the date the claim accrued, or such claim is forever barred.

3. HEALTH WARRANTY & TRIPLE RISK ASSUMPTION

3.1 MEDICAL WARRANTY: Client warrants they have consulted a licensed physician and received express clearance for high-intensity activity. Failure to disclose any condition is an absolute bar to recovery.

3.2 ASSUMPTION OF RISK: Risks include: myocardial infarction, rhabdomyolysis, fractures, paralysis, and death. Client voluntarily assumes ALL risks, including those resulting from the Company's ordinary negligence.

3.3 OPEN AND OBVIOUS: Per Michigan law, the Company owes no duty to warn the Client of "open and obvious" dangers inherent in fitness equipment and physical exertion.

3.4 SELF-MONITORING: Client must cease activity immediately if they experience pain or distress. Coach cannot perceive Client's internal physical state.

4. NO-THERAPY PSYCHOLOGY FIREWALL

4.1 SCOPE OF PRACTICE: Services utilize psychological principles for performance coaching but DO NOT constitute clinical psychology, psychiatry, or medical treatment.

4.2 NO PRIVILEGE: No doctor-patient or psychotherapist-patient privilege is created. HIPAA regulations do not apply to this performance-based coaching.

5. PAYMENTS, MULTI-FREQUENCY AUTO-RENEWAL & CANCELLATION

5.1 VARIABLE RENEWALS: Subscriptions renew automatically based on the selected product frequency (Weekly, Bi-weekly, or Monthly) at the then-current rate.

5.2 ACCESS VS. USAGE: Fees are paid for the access to the platform and coaching services, regardless of whether the Client actively utilizes them.

5.3 CANCELLATION: Must cancel via the portal/app at least three (3) full days before the next scheduled renewal.

5.4 FINALITY OF SALE: ALL SALES ARE FINAL. No pro-rated credits or refunds shall be issued for partial periods or unused sessions.

5.5 CHARGEBACK FRAUD: Unauthorized chargebacks trigger immediate termination. Client is liable for all legal and administrative fees incurred to resolve fraudulent disputes.

6. SESSION RULES & TRAINER DELAYS

6.1 RESCHEDULING: 3-day notice required to reschedule; otherwise, the session is forfeited.

6.2 TRAINER DELAYS: 15–20 minute delays due to Michigan weather, traffic, or construction are acceptable and do not entitle Client to a refund.

6.3 EXPIRATION: Sessions are non-transferable and expire at the conclusion of the billing cycle.

7. IN-HOME & PROPERTY SHIELD

7.1 PREMISES WARRANTY: For in-home sessions, Client warrants the training area is safe. Client is strictly liable for any injury to Company personnel caused by pets, property defects, or hazards.

7.2 PROPERTY DAMAGE: The Company is not liable for accidental damage to Client’s real or personal property.

8. TOTAL RELEASE & INDEMNIFICATION

8.1 GENERAL RELEASE: Client hereby releases, acquits, and forever discharges the Company from ANY AND ALL LIABILITY, claims, or causes of action arising from ordinary negligence.

8.2 INDEMNIFICATION: Client shall defend and hold harmless the Company from any claims brought by Client’s spouse, family, estate, or third-party invitees.

9. LIABILITY LIMITS

9.1 DAMAGES CAP: In no event shall the Company’s aggregate liability exceed the total fees paid by the Client during the three (3) month period immediately preceding the claim.

9.2 EXCLUSION OF DAMAGES: No recovery for indirect, incidental, punitive, or "pain and suffering" damages.

10. INTELLECTUAL PROPERTY & PUBLICITY

10.1 NON-SOLICITATION: Client shall not hire any Company staff for 12 months post-contract. Breach triggers $10,000.00 in liquidated damages.

10.2 PROPRIETARY RIGHTS: All methodologies, digital content, and recordings are the exclusive property of the Company.

10.3 PUBLICITY WAIVER: Client grants Company a royalty-free license to use progress data or testimonials for marketing, provided sensitive identity data is protected.

11. TECHNOLOGY & AI DISCLOSURE

11.1 TECHNICAL LIMITATIONS: No liability for app glitches, tracker inaccuracies, or streaming interruptions.

11.2 AI CONTENT: AI-generated suggestions are educational and do not constitute personalized medical prescriptions.

12. LEGAL FORTRESS (ARMAGEDDON CLAUSES)

12.1 GOVERNING LAW: Michigan law applies exclusively.

12.2 INTEGRATION: This is the entire agreement. Only a written amendment signed by Mark Stroker can modify these terms.

12.3 SEVERABILITY: If any provision is held unenforceable, the remainder remains in full force.

12.4 SURVIVAL: Sections 2, 8, 9, 10, and 12 survive termination in perpetuity.

12.5 FORUM SELECTION: Exclusive venue is Livingston County, Michigan.

12.6 NO RESULTS GUARANTEE: Coaching is subjective; results are not guaranteed.

12.7 SPECULATIVE LOSS: Company is not liable for personal or financial decisions made by Client following mindset coaching.

12.8 RIGHT TO MODIFY: Continued use of services after a website update constitutes de facto acceptance of new terms.

12.9 WAIVER OF CONTRA PROFERENTEM: Ambiguities shall not be resolved against the Company.

12.10 FORCE MAJEURE: Company is excused from performance due to "Acts of God."

12.11 CONSTRUCTIVE KNOWLEDGE: Failure to read this Agreement does not excuse performance.

12.12 ELECTRONIC RECORD: Client agrees that digital purchase records constitute a legal signature.

12.13 NO WAIVER: Failure to enforce any right does not waive the right to enforce it later.

12.14 WARRANTY OF CAPACITY: Client warrants they are of sound mind and not under duress when entering this Agreement.

BY PURCHASING YOU CONFIRM: I am 18 or older, I have read these Terms, I understand all sales are final, I must provide at least 3 days notice to cancel my subscription or to cancel or reschedule any session, I understand sessions are non-transferable, I assume all exercise risks including death, I agree to individual arbitration in Michigan, and I had the opportunity to consult an attorney.