Terms & Conditions

TERMS AND CONDITIONS

Simian Fitness LLC — www.mvmtcode.com

Effective Date: April 6, 2026 (updated October 13, 2026)

AGREEMENT

By accessing or using www.mvmtcode.com (the "Site"), purchasing any program, or participating in any remote or in-person session with Simian Fitness LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not use the Site or engage in any services offered by the Company. These Terms constitute a binding legal agreement between you and Simian Fitness LLC.

ABOUT THIS SITE AND SERVICES

www.mvmtcode.com is a movement education platform operated by Simian Fitness LLC. The Company provides instructional content, self-directed programs, and live remote coaching sessions (conducted via Zoom or similar video platforms) focused on physical movement and pain reduction through exercise-based methods.

NOT MEDICAL ADVICE — SCOPE OF SERVICE

The content on this Site and all services provided by the Company — including live remote sessions, videos, programs, written materials, and any communication from the Company or its representatives — are for educational and informational purposes only.

The Company is not a medical provider. Services offered do not constitute medical advice, diagnosis, treatment, physical therapy, or rehabilitation. The Company does not treat medical conditions, injuries, or pathologies.

If you have been referred to the Company by a physician, physical therapist, or other licensed healthcare provider, you understand that:

  • The Company operates independently and is not acting as an extension of that provider's treatment plan.

  • The Company does not have a formal agreement with any referring provider and is not bound by their clinical recommendations.

  • Any communication between the Company and your healthcare provider is voluntary and informal, and does not create a clinical coordination relationship.

  • You remain solely responsible for managing your healthcare and communicating relevant changes in your condition to all parties involved in your care.

ASSUMPTION OF RISK — SITE AND LIVE SESSIONS

By using this Site or participating in any session, you acknowledge and agree to the following:

  • Physical exercise carries inherent risk of injury, including but not limited to muscle strain, joint injury, and in rare cases, serious bodily harm.

  • This risk applies equally to self-directed program use and to live remote coaching sessions conducted via Zoom or similar platforms.

  • You are solely responsible for ensuring your physical environment is safe and appropriate for movement activity prior to and during any session.

  • You are solely responsible for consulting a licensed physician or qualified healthcare provider before beginning any program or session, particularly if you have a known medical condition, injury, or chronic pain.

  • You agree to disclose to the Company any physical conditions, injuries, surgeries, or medications that may affect your ability to safely participate in movement instruction.

  • You agree to stop any exercise immediately if you experience sharp pain, dizziness, chest discomfort, or any symptom beyond normal physical exertion, and to seek medical attention if necessary.

  • The Company makes no guarantee that any program or session will eliminate, reduce, or resolve pain, injury, or any physical condition.

  • You assume full responsibility for any injury or adverse outcome resulting from your participation in any program or session offered by the Company.

The Company cannot physically intervene during remote sessions. You participate with full understanding that the coach is observing and instructing remotely and cannot provide hands-on assistance or emergency intervention.

REMOTE SESSION CONDUCT

The following applies to all live sessions conducted via Zoom or similar video platforms:

Client Responsibilities:

  • You are responsible for having a stable internet connection and functioning audio/video prior to your session start time.

  • You are responsible for ensuring you have adequate physical space to perform movements safely.

  • You are responsible for having any required equipment ready before the session begins.

  • Technical difficulties on your end do not entitle you to a session extension or refund.

Session Environment:

  • Sessions are conducted in a remote format. The coach observes movement through video and provides verbal instruction only.

  • You acknowledge that remote instruction has inherent limitations compared to in-person coaching, and you accept those limitations as a condition of participation.

Recording and Training (effective October 13, 2026):

  • As of October 13, 2026, all live sessions are recorded (video and audio). You will be notified before and at the start of each session.

  • Recordings are used to review your assessment and progress, may be shared with you privately, and may be used internally, including with artificial intelligence (AI) tools, to train and improve the Company's coaching.

  • Recordings are never posted or shared publicly without your separate written permission.

  • Being recorded, and the internal training use described above, is a condition of participating. If you do not agree, please do not book a session.

  • You may not record sessions conducted by the Company without prior written consent.

  • All recordings remain the intellectual property of Simian Fitness LLC and may not be distributed, shared, or reproduced without written authorization.

CANCELLATION AND NO-SHOW POLICY

Individual Sessions:

  • Cancellations must be made at least 48 hours before the scheduled session start time.

  • Cancellations made within 48 hours of the session will be charged in full or will forfeit the session credit, with no exceptions.

  • No-shows will be charged in full or will forfeit the session credit.

Subscriptions:

  • You may cancel your subscription at any time. Refunds will be prorated based on unused time remaining in the billing cycle.

  • Cancellations must be submitted more than 48 hours before the next billing date to avoid being charged for the following period.

One-Time Program Purchases:

  • All sales are final. No refunds are issued once access has been granted.

Group Classes and Workshops:

  • All sales are final. No refunds are issued for group class purchases.

Chargebacks:

  • Initiating a chargeback without first contacting the Company to resolve a billing dispute is a breach of these Terms and may result in permanent termination of access.

To cancel or address a billing issue, contact Kevin Cox at mvmtcode@mvmtcode.com.

COMMUNICATION

Communication between you and the Company via email, messaging platforms, or any other channel does not constitute a medical or therapeutic relationship. Response times are not guaranteed outside of scheduled sessions. The Company is not an emergency service. If you are experiencing a medical emergency, contact emergency services immediately.

INTELLECTUAL PROPERTY

All content on this Site — including but not limited to the Movement Code system, exercise methodologies, programming structures, instructional frameworks, videos, written materials, graphics, and logos — is the exclusive intellectual property of Simian Fitness LLC and is protected by applicable copyright, trademark, and trade secret laws.

You are granted a limited, non-exclusive, non-transferable license to access and use Site content for your personal, non-commercial use only.

You may not:

  • Copy, reproduce, distribute, or publicly display any content from this Site

  • Reverse engineer, adapt, or create derivative works based on the Movement Code system or any proprietary methodology

  • Use any content for commercial purposes without prior written authorization

  • Share, resell, or transfer access to programs or materials

Unauthorized use of the Company's intellectual property may result in termination of access and legal action.

ELIGIBILITY

You must be 18 years of age or older to use this Site or participate in sessions independently. Users between the ages of 13 and 17 may use the Site only with verifiable parental or guardian consent. The Company does not knowingly collect personal information from individuals under 13.

THIRD-PARTY LINKS AND SERVICES

The Site may contain links to third-party websites or services. The Company does not control, endorse, or assume responsibility for any third-party content, products, or services. Your use of third-party sites is at your own risk.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL CONTENT, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR SERVICE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMIAN FITNESS LLC, ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR PARTICIPATION IN ANY SESSION, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY, LOSS OF DATA, OR LOSS OF REVENUE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Simian Fitness LLC and its officers, directors, employees, and agents from any claims, liabilities, losses, damages, and expenses (including reasonable attorney's fees) arising from your use of the Site, participation in any session, violation of these Terms, or infringement of any third-party rights.

DISPUTE RESOLUTION AND ARBITRATION

Any dispute arising out of or related to these Terms or your use of the Site or services shall be resolved by binding arbitration administered by the American Arbitration Association. The arbitrator's decision shall be final and binding. The prevailing party shall be entitled to recover reasonable attorney's fees and costs.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

GOVERNING LAW

These Terms are governed by the laws of the State of Oregon, without regard to conflict of law principles. To the extent any dispute proceeds outside of arbitration, you consent to the exclusive jurisdiction of the courts located in Oregon.

TERMINATION

The Company reserves the right to terminate or suspend your access to the Site or services at any time, with or without notice, for any reason, including breach of these Terms.

MODIFICATIONS

The Company may update these Terms at any time. Continued use of the Site or services after updates constitutes acceptance of the revised Terms.

CONTACT

Kevin Cox
Simian Fitness LLC
Email: mvmtcode@mvmtcode.com
Phone: 630-405-8205