THESE TERMS OF USE AND TERMS & CONDITIONS (THE “TERMS”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EGOR REYNOLDS DBA THE MAIN LAUNCH (“THE MAIN LAUNCH,” “WE,” “US,” OR “OUR”). THEY INCLUDEIMPORTANT HEALTH DISCLAIMERS, AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY THAT EXPRESSLY COVERS THE NEGLIGENCE OF THE RELEASED PARTIES, A LIMITATION OF LIABILITY, AN INDEMNIFICATION OBLIGATION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A TEXAS CHOICE OF LAW AND VENUE, AND A SHORTENED TIME PERIOD FOR BRINGING CLAIMS. READ THESE TERMS CAREFULLY BEFORE PURCHASING, REGISTERING FOR, ACCESSING, OR PARTICIPATING IN ANY THE MAIN LAUNCH PROGRAM, CHALLENGE, WORKOUT, COACHING COMMUNICATION, PLATFORM FEATURE, OR RELATED SERVICE.
By visiting the website, creating an account, signing up, making a purchase, clicking an acceptance checkbox, accessing content, or participating in any service, you confirm that you have read, understood, and agreed to these Terms, the Privacy Policy, the Data Use Policy, and the Participant Liability Waiver and Release of Liability. If you do not agree, do not access, purchase, register for, or participate in the Services.
These Terms govern your access to and use of The Main Launch website, online fitness challenge, platform, coaching communications, workouts, videos, digital materials, community features, emails, text messages, offers, payment flows, and related products or services (collectively, the “Services”). Your acceptance of these Terms creates a legally binding contract between you and The Main Launch.
You agree that your electronic acceptance, including checking a box, clicking a button, creating an account, completing a purchase, or accessing the Services, is intended to serve as your electronic signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Texas Uniform Electronic Transactions Act, and your agreement to be bound.
The Main Launch is a Texas-based business that organizes online fitness challenges and provides access to digital workout materials, challenge content, accountability support, and coach-related guidance. The Services are provided remotely. Participants perform all workouts and activities on their own, in their own chosen environment, using their own judgment, and without in-person supervision, real-time medical monitoring, or inspection of their equipment or workout space by The Main Launch.
You must be at least 18 years old to purchase, register for, access, or participate in the Services. The Services are not directed to children under 13. The Main Launch does not knowingly collect personal information from children under 13 without legally required consent. By using the Services, you represent that you are at least 18 years old and legally able to enter into these Terms.
The Main Launch does not provide medical advice, diagnosis, treatment, physical therapy, nutrition therapy, emergency services, or healthcare services. The Services are for general fitness, education, motivation, and wellness support only. Nothing provided by The Main Launch should be used as a substitute for advice from a physician or qualified healthcare professional.
You should consult a qualified healthcare professional before starting any workout, exercise program, fitness challenge, diet change, or wellness routine, especially if you are pregnant, nursing, have a medical condition, have an injury, take medication, are new to exercise, have a history of heart problems, blood pressure issues, dizziness, fainting, respiratory issues, joint issues, or have any concern about your ability to participate safely.
You are responsible for stopping immediately if you experience pain, dizziness, shortness of breath, chest pain, faintness, abnormal heartbeat, unusual discomfort, or any symptom that concerns you. If you experience a medical emergency, call emergency services (911) immediately.
Fitness, health, body composition, strength, endurance, weight, appearance, confidence, and wellness outcomes vary significantly from person to person. Individual results depend on many factors, including but not limited to your starting point, age, sex, genetics, medical history, current fitness level, effort applied, consistency, adherence to the program, nutrition choices, sleep, stress, hydration, equipment, environment, and other lifestyle factors. The Main Launch makes no representation, warranty, or guarantee, express or implied, that you will achieve any particular result, transformation, weight change, body composition change, strength gain, endurance improvement, performance outcome, prize, health outcome, or personal achievement.
Important FTC Disclosure: Results vary based on individual effort, starting point, genetics, adherence to the program, and other personal factors. Any testimonials, transformation photos, before-and-after images, progress videos, success stories, written reviews, or other depictions of participant outcomes that appear on The Main Launch’s website, social media, advertising, or other marketing materials reflect the personal experience of those specific individuals and are not a guarantee, warranty, or prediction that you, or any other participant, will achieve the same or similar results. Such depictions may not reflect typical or average results. Many participants achieve less significant results, no results, or different results, and some may not complete the program at all. The Main Launch presents testimonials and endorsements in accordance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).
Except for the limited conditional remedies expressly provided in Sections 9A through 9C (Program Terms and the Reward Offers), The Main Launch does not guarantee any specific result.
You are solely responsible for: (a) providing accurate registration, health, fitness, payment, and account information; (b) deciding whether you are physically and medically able to participate; (c) consulting a healthcare professional when appropriate; (d) choosing a safe workout space; (e) using suitable equipment, footwear, clothing, hydration, and ventilation; (f) modifying or stopping exercises when needed; (g) following safety instructions; (h) maintaining the security of your account; and (i) complying with all applicable laws and these Terms.
You agree not to participate while impaired, injured, ill, medically restricted, or otherwise unable to exercise safely.
You understand and agree that The Main Launch does not supervise you in person, does not monitor your physical condition in real time, does not inspect your workout environment, does not verify your equipment, and cannot know whether any exercise is safe for your individual body, medical condition, limitations, or surroundings. You are solely responsible for the manner, location, intensity, modification, and continuation of any activity you choose to perform.
You may need to create an account or receive login credentials to access the Services. You agree not to share your account, login information, workout materials, videos, challenge content, or private community access with anyone else. The Main Launch may suspend or terminate access if it believes your account has been misused, payment fails, you violate these Terms, or your participation creates a safety, legal, operational, or reputational risk.
Fees, inclusions, billing terms, renewal terms, taxes, and charges will be shown at checkout or in the offer you accept. You authorize The Main Launch and its payment processors to charge the payment method you provide for purchases, taxes, fees, and any applicable renewal charges.
All sales are final, and except as expressly provided in the offer terms applicable to your purchase — the Hit-Your-Goal Refund (Section 9B) or the $10,000 Challenge (Section 9C) — all fees are non-refundable. Unless The Main Launch states otherwise in writing at checkout, and except for a refund or Reward expressly provided under the applicable offer terms and awarded in The Main Launch’s discretion, The Main Launch does not offer any monetary refund, rebate, cash-back, or partial-payment return once access to the challenge, platform, workout plan, coaching content, digital materials, or related Services has been provided. The sole and exclusive remedies related to program outcomes are those in the applicable offer terms (Sections 9A through 9C). The two offers are not combinable, and no purchase qualifies for both a refund and a Reward. The Main Launch may refuse, cancel, or reverse orders where payment is declined, unauthorized, suspected of fraud, subject to chargeback risk, or made in error. Any participant who requested a refund (other than an approved Section 9B claim) or initiated a chargeback on the same purchase is disqualified from all remedies under Sections 9A through 9C.
Payment processing may be handled by third-party payment processors, including Stripe. The Main Launch is not responsible for third-party payment processor outages, errors, security practices, fees, or decisions.
The following definitions and rules apply to both the Hit-Your-Goal Refund (Section 9B) and the $10,000 Challenge (Section 9C). A participant is bound by only one offer, identified at checkout; the offers are not combinable. Except as expressly stated in Sections 9A through 9C, all provisions of these Terms, including the disclaimers, releases, and limitations of liability, remain in full force.
1. Programs and Durations
The System Program and Coached Program each run for the 6-week challenge. The Coached Program includes the additional one-on-one coaching access and personalization described at checkout. The personalized goal for these programs is assessed at the end of the 6-week challenge.
The Transformed Program includes the 6-week challenge plus an additional continued coaching period of between four (4) and nine (9) additional weeks, the exact length determined by The Main Launch based on your circumstances and stated at checkout or in your onboarding records. The personalized goal for the Transformed Program is assessed at the end of the full Transformed engagement (the 6-week challenge plus the included additional coaching period), not at the end of the initial 6 weeks.
A “challenge” is a defined program cycle with a personalized goal and a stated conclusion date. These offers apply only to defined challenges — never to open-ended, monthly, continuation, or post-program coaching, or any package or service that is not a defined challenge with a goal and a conclusion date.
2. Full Compliance
“Full Compliance” means you satisfied all of the following, as reasonably determined by The Main Launch in its sole discretion from platform activity logs, timestamped submissions, and coach records:
Partial compliance does not qualify for any remedy, refund, or Reward.
3. Baseline and Personalized Goal
“Baseline” is your starting body weight and related metrics, recorded by The Main Launch at onboarding under a standardized, verified weigh-in method applied the same way to every participant, and documented in your participant profile.
“Personalized goal” is the specific, measurable weight objective established by The Main Launch with you during your initial sales or onboarding call, based on your starting point, and documented in your records. You will review and acknowledge your personalized goal in writing (e-signature or in-platform confirmation) at the start of the challenge; the acknowledged goal is the goal against which any refund or Reward is assessed. Achievement is assessed at the conclusion of your program from your final verified weigh-in.
Where a “best result” is measured (Section 9C), it is measured as the change in body weight expressed as a percentage of your own Baseline body weight (relative to yourself, not in absolute pounds), in the direction of your personalized goal.
4. Weigh-In Standardization and Verification
Each Baseline and final weigh-in must be conducted under The Main Launch’s standardized conditions (applied identically to all participants) and verified in the manner The Main Launch specifies, which may include a live coach-witnessed weigh-in or a timestamped video or photo of the scale reading with the participant in frame. The Main Launch may require a re-weigh or additional verification at any time. A weigh-in that is not properly verified may be disregarded.
5. Integrity and Anti-Tampering
Accurate, honest weigh-ins and data are a condition of any refund, Reward, or remedy. The Main Launch reserves the right to void, withhold, or revoke any refund, Reward, or remedy, and to disqualify any participant, upon reasonable suspicion of any tampering with or manipulation of a weigh-in, measurement, or submission, as determined by The Main Launch in its sole discretion. This includes, without limitation: artificially inflating or deflating the Baseline or final weight (for example, by water-loading, heavy or weighted clothing, concealed weight, dehydration, water-cutting, sauna suits, or diuretics); altering, obscuring, or misreporting a scale reading; using a different, uncalibrated, or manipulated scale; or submitting false, altered, or inaccurate data, measurements, or photos. The Main Launch’s determination on all such matters is final and binding.
6. Safety
Participants must pursue results only through safe, program-consistent means. The health disclaimers, assumption of risk, release of liability, and Participant Liability Waiver (including coverage of the Released Parties’ negligence) apply in full. Participants must not engage in unsafe dieting, dehydration, substance use, or any conduct that risks health to affect a weigh-in or metric. The Main Launch may disqualify any participant on reasonable suspicion of unsafe conduct.
7. Which Offer Applies
The offer that applies to you is the one you accepted at checkout. The offers are not combinable, and no single purchase qualifies for both a Section 9B refund and a Section 9C Reward. A challenge cohort runs under one offer.
8. Eligibility
You must (a) be at least 18 years old; (b) be a legal resident of a U.S. jurisdiction where the offer is permitted (void where prohibited or restricted by law); (c) have purchased the applicable program under the applicable offer; and (d) be in good standing under these Terms at the time of assessment (no suspension, unresolved payment issue, or material violation). Any participant who requested a refund (other than a refund awarded under Section 9B) or initiated a chargeback on the applicable purchase is disqualified. Benefits are personal and non-transferable. Employees, contractors, and coaches of The Main Launch, and their household members, are not eligible for the Section 9C Reward.
9. General
Determinations final. The Main Launch’s determinations regarding eligibility, Full Compliance, goal achievement, best result, refund, Reward, amount, and form are final and binding.
Results not guaranteed. Results vary and are not guaranteed. Nothing in either offer is a promise that you will achieve any particular result; each offer provides a conditional refund, Reward, or remedy only if the stated conditions are met. The disclaimers in Section 5 remain in full force except to the limited extent expressly stated in an offer.
Sole and exclusive remedy. The refund, Reward, and/or service remedy provided under your applicable offer is your sole and exclusive remedy for any claim related to results or outcomes, and you waive any other refund, rebate, damages, or relief related to results or outcomes, to the fullest extent permitted by law (consistent with the releases, limitations, arbitration, and class-action and jury waivers elsewhere in these Terms and the Participant Liability Waiver).
Privacy and community visibility. During a challenge, your results (weigh-in results, tracked metrics, standings) may be visible to other members of your challenge group via a shared leaderboard or community feed; progress photos are not shared with other members and are submitted to The Main Launch for verification only. By enrolling, you consent to this visibility of your results within your group. The Main Launch’s collection and use of your information is governed by the Privacy Policy.
Publicity release. If you receive a refund, Reward, or are recognized as a Top Performer, you grant The Main Launch a perpetual, royalty-free right to use your first name, last initial, city and state, results, statements, and before-and-after images for advertising and promotional purposes, without additional compensation, except where prohibited by law.
Changes. The Main Launch may update, pause, discontinue, or modify an offer or challenge for operational, legal, fraud-prevention, or fairness reasons. Changes are posted in updated Terms with a new Last Updated date and apply to purchases made after the change; the version in effect when you purchased governs your challenge.
Governing law and disputes. These offers are governed by the law and dispute-resolution provisions (including binding individual arbitration, class-action and jury waivers, venue, and limitation periods) stated elsewhere in these Terms.
This offer applies only to participants who purchased a program under the Hit-Your-Goal Refund offer.
1. The Refund — Hit Your Goal
If you complete the challenge, achieve Full Compliance (Section 9A.2), and meet your acknowledged personalized goal (Section 9A.3), you are eligible for a refund of 100% of the program fees you actually paid for that challenge. Eligibility is not automatic: the refund is provided if the conditions are met and as determined by The Main Launch.
2. Form of Refund
An approved refund is provided as cash to your original payment method by default. At your final one-on-one call, you may instead elect — in writing (in-platform confirmation or e-signature) — to receive the refund as store credit toward The Main Launch’s programs, packages, upgrades, or renewals. The choice is yours. If you make no written election, the refund is issued as cash. The refund covers program fees only, and excludes taxes and third-party processing fees except as required by law.
3. If You Do Not Meet Your Goal
If you achieve Full Compliance but do not meet your personalized goal, you are not eligible for the refund. If you reached at least 80% of your personalized goal (as reasonably determined by The Main Launch), you may be eligible for the service remedy: between three (3) and five (5) additional one-on-one coaching sessions, at no additional cost, the exact number determined by The Main Launch, no more than once per program purchase. This is a service extension only and includes no monetary refund. Participants below 80%, or not in Full Compliance, do not qualify for any refund or remedy.
4. Claims, Timing, and Taxes
To claim the refund, submit a written request to [email protected] within fourteen (14) days after your program’s conclusion. The Main Launch responds within fourteen (14) days and, if approved, issues the refund (cash or credit) within a commercially reasonable time (target 30 days).
A refund of your own fees is generally treated as a return of purchase price, not income; store credit or other benefits may have reportable value. You are responsible for any applicable taxes and should consult your own tax advisor. The Main Launch will issue any tax form required by law.
5. Integrity
The integrity and anti-tampering rules in Section 9A.5 apply in full, including manipulation of the Baseline or final weight to appear to meet the goal. The Main Launch may deny, void, or revoke the refund on reasonable suspicion of tampering; its determination is final and binding.
This offer applies only to participants who purchased the Coached or Transformed Program under the $10,000 Challenge offer. This is a skill-based contest, company-funded — not a lottery, raffle, sweepstakes, drawing, or game of chance. No award is made by chance.
1. The Reward — Top Performer
For each challenge, a participant enrolled in the Coached or Transformed Program may be eligible to be recognized as the single Top Performer if they (i) achieved Full Compliance (Section 9A.2), (ii) met their personalized goal, and (iii) achieved the greatest verified change in body weight as a percentage of their own Baseline body weight (Section 9A.3), in the goal direction, among all such participants in that challenge. The same standardized, verified weigh-in method applies to everyone.
The Reward. A recognized Top Performer may be eligible to receive, at The Main Launch’s sole discretion, one or more of the following, in the combination and form The Main Launch selects: (i) a refund of the fees actually paid, plus a cash bonus; (ii) store credit toward The Main Launch’s programs, packages, upgrades, or renewals; and/or (iii) equivalent value in additional one-on-one coaching sessions and/or extended access. The Main Launch determines, in its sole discretion, the final amount and form(s) of the Reward. The total value scales with the number of qualifying participants in the challenge, up to a maximum total of USD $10,000 per challenge. Eligibility does not entitle any participant to the Reward.
One (1) Top Performer per challenge. If eligible participants tie on the percentage metric, the Reward goes to the one with higher overall adherence (Section 9A.2); if still tied, to the earliest qualifying final weigh-in.
No-award rule. If no participant satisfies all of clauses (i) through (iii) above — including actually meeting their goal — no Reward is awarded for that challenge. The Reward is never guaranteed and is not carried over or pooled across challenges.
Per challenge. Reward eligibility is determined separately for each challenge; a participant who enrolls in more than one challenge may be eligible in each.
2. Service Remedy (Did Not Win)
A participant who achieved Full Compliance but did not receive the Reward, and who reached at least 80% of their personalized goal, may be eligible for three (3) to five (5) additional one-on-one coaching sessions at no additional cost, the exact number determined by The Main Launch, once per program purchase. This is a service extension only and includes no monetary refund. It is available to System, Coached, and Transformed participants in a challenge run under this offer.
3. Claims, Verification, Taxes, and Forfeiture
The Main Launch assesses Top-Performer status and eligibility from end-of-program data, records, and verified weigh-ins; its determinations are final and binding. For the service remedy, submit a written request to [email protected] within fourteen (14) days after the program’s conclusion.
Before any Reward is paid, the Top Performer must confirm eligibility and provide requested verification, including a completed IRS Form W-9 if required. The Top Performer is solely responsible for any applicable taxes; The Main Launch will issue any required tax form (for example, Form 1099). A refund of one’s own fees is generally a return of purchase price; the cash bonus and any store-credit or prize value may be reportable.
Forfeiture. If a Top Performer is disqualified, cannot be verified, or fails to complete required steps within the stated period, The Main Launch may recognize the next-highest-scoring eligible participant or make no award for that challenge.
4. Integrity, Safety, and Publicity
The integrity and anti-tampering (Section 9A.5), safety (Section 9A.6), and publicity-release (Section 9A.9) provisions apply in full.
5. Platform Disclaimer
If a challenge is promoted on any third-party platform (for example, Instagram, Facebook, TikTok, or YouTube), the contest is in no way sponsored, endorsed, administered by, or associated with that platform, and participants release each such platform from any claim related to the contest.
Promotions, discounts, bonuses, prizes, leaderboards, contests, or challenge-specific rules may be subject to separate terms. The Main Launch may modify or cancel promotions, discounts, or challenge features where necessary for operational, legal, fraud-prevention, or fairness reasons. Any offer is void where prohibited.
Coach communications, feedback, reminders, messages, and workout suggestions are general fitness support only. Coaches do not supervise you in person, do not provide medical services, do not diagnose or treat conditions, and do not replace your healthcare provider. You agree to communicate respectfully and not to harass, threaten, abuse, impersonate, or mislead coaches, team members, or other participants.
If you submit comments, messages, photos, videos, testimonials, progress updates, reviews, or other content (“User Content”), you are responsible for that content. You represent that you have the rights needed to share it and that it does not violate another person’s rights or any law.
You grant The Main Launch a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, transferable license to host, display, reproduce, edit, excerpt, modify, publish, distribute, and use User Content in any media now known or hereafter developed, as reasonably necessary to operate, improve, market, and promote the Services. The Main Launch will not intentionally use sensitive transformation images, private health information, or identifiable testimonials for public marketing without your consent where legally required or where The Main Launch determines separate consent is appropriate.
FTC Endorsement Compliance: If your User Content (including any testimonial, review, before-and-after photo, transformation video, success story, or social media post about The Main Launch) is used by The Main Launch in advertising or promotional materials, you represent that the content reflects your honest opinions, findings, beliefs, or experience; that any depicted results are truthful; and that you have disclosed any material connection between you and The Main Launch (such as free or discounted Services, prizes, coaching, compensation, or affiliate relationships) as required by the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255). You acknowledge that The Main Launch may add a disclosure (such as “Results not typical” or a similar statement) to your testimonial as needed to comply with FTC requirements.
By submitting any testimonial, endorsement, review, or success story, you further certify that the statements you make are true and reflect your honest, current opinions, beliefs, findings, and actual experience. Unless you disclose the connection to The Main Launch at the time you submit your content, you represent that you are not an employee, officer, director, agent, or contractor of The Main Launch, and that you are not an immediate family member of, and do not reside in the same household as, any such person. If any such relationship exists, you agree to disclose it, and you authorize The Main Launch to disclose it, as a material connection in accordance with 16 C.F.R. Part 255. You understand and agree that your testimonial may be edited, excerpted, dramatized, or combined with a disclosure for length, clarity, or legal compliance, and that no advertising or other material incorporating your testimonial need be submitted to you for approval.
To the fullest extent permitted by law, you release The Main Launch and the Released Parties from any and all claims arising out of or related to your voluntary submission of User Content, testimonials, progress updates, reviews, or media, and from The Main Launch’s use, reproduction, editing, publication, distribution, or display of that content as permitted by these Terms, including any claim for breach of the right of publicity, invasion of privacy, defamation, false light, copyright infringement, or any similar claim or cause of action.
The website, platform, workouts, videos, challenge structure, text, graphics, logos, trade names, images, templates, plans, coaching materials, and other materials are owned by or licensed to The Main Launch and are protected by intellectual property laws. You receive a limited, personal, non-transferable, non-commercial right to access the Services for your own participation. You may not copy, reproduce, distribute, sell, sublicense, publicly display, upload, share, reverse engineer, record, or create derivative works from the Services without written permission from The Main Launch.
You agree not to: (a) use the Services for unlawful, harmful, abusive, unsafe, or fraudulent purposes; (b) interfere with platform security or access controls; (c) scrape, copy, harvest, or misuse content or data; (d) upload malware or harmful code; (e) share another person’s private information without consent; (f) misuse payment systems; (g) make false or misleading claims about The Main Launch; (h) encourage unsafe exercise behavior; (i) resell, redistribute, or publicly share the Services; or (j) use the Services in a way that harms The Main Launch or other participants.
The Services may rely on third-party platforms, payment processors (including Stripe), customer relationship management tools (including GoHighLevel), analytics providers, hosting providers, email tools, video tools, social media platforms, messaging tools, and other services. The Main Launch is not responsible for third-party services, outages, policies, data practices, fees, delays, failures, or actions. Your use of third-party services may be governed by their own terms and privacy policies.
The Main Launch may update, pause, replace, restrict, or discontinue any part of the Services at any time. The Main Launch does not guarantee uninterrupted access, error-free operation, continuous availability, or compatibility with every device, browser, internet connection, or third-party service. Content, pricing, descriptions, schedules, features, and availability may contain errors or may change without notice.
BY ACCESSING, PURCHASING, REGISTERING FOR, OR PARTICIPATING IN THE SERVICES, YOU UNDERSTAND AND AGREE THAT YOU ARE PARTICIPATING VOLUNTARILY AND AT YOUR OWN RISK. YOU UNDERSTAND THAT FITNESS ACTIVITIES INVOLVE INHERENT AND SIGNIFICANT RISKS, INCLUDING BUT NOT LIMITED TO MUSCLE SORENESS, SPRAINS, STRAINS, TEARS, FRACTURES, FALLS, IMPACT INJURIES, OVEREXERTION, DEHYDRATION, DIZZINESS, FAINTING, ABNORMAL BLOOD PRESSURE, IRREGULAR HEARTBEAT, CHEST PAIN, SHORTNESS OF BREATH, HEART ATTACK, STROKE, AGGRAVATION OF EXISTING CONDITIONS, EMOTIONAL DISTRESS, ILLNESS, SERIOUS INJURY, PERMANENT DISABILITY, AND DEATH.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUME ALL RISKS, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, YOUR PARTICIPATION IN ANY ONLINE FITNESS CHALLENGE OR WORKOUT, YOUR USE OF ANY WORKOUT PLAN, COACHING COMMUNICATION, PLATFORM CONTENT, VIDEO, INSTRUCTION, RECOMMENDATION, OR RELATED MATERIAL, AND YOUR DECISION TO PERFORM ANY ACTIVITY ON YOUR OWN — INCLUDING ANY RISKS ARISING OUT OF OR RELATED TO THE NEGLIGENCE OF THE MAIN LAUNCH OR ANY RELEASED PARTY.
This Section 18 is intended to satisfy the express negligence doctrine and fair notice requirements under Texas law, including as articulated in Dresser Industries, Inc. v. Page Petroleum, Inc., 853 S.W.2d 505 (Tex. 1993), and its progeny. The conspicuous language below is intended to provide fair notice to you that you are releasing claims arising from the negligence of The Main Launch and the Released Parties.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE THE MAIN LAUNCH, INCLUDING ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OPERATORS, COACHES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, VENDORS, PAYMENT PROCESSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR REGISTRATION, PURCHASE, ACCOUNT ACCESS, PARTICIPATION, USE OF THE PLATFORM, USE OF WORKOUT MATERIALS, COACHING COMMUNICATIONS, USER CONTENT, THIRD-PARTY SERVICES, OR ANY RELATED ACTIVITY — INCLUDING, EXPRESSLY AND WITHOUT LIMITATION, ANY SUCH CLAIM ARISING OUT OF OR RELATED TO THE ORDINARY NEGLIGENCE OF THE MAIN LAUNCH OR ANY OTHER RELEASED PARTY.
THIS RELEASE INCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS FOR PERSONAL INJURY, BODILY INJURY, ILLNESS, DISABILITY, DEATH, PROPERTY DAMAGE, EMOTIONAL DISTRESS, MENTAL ANGUISH, DATA LOSS, SERVICE INTERRUPTION, UNAUTHORIZED ACCESS, ECONOMIC LOSS, LOST PROFITS, LOST WAGES, AND OTHER HARM, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law, including liability for gross negligence, reckless conduct, intentional misconduct, fraud, or other non-waivable rights.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE MAIN LAUNCH DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, RELIABILITY, SAFETY, RESULTS, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
The Main Launch does not warrant that the Services will meet your expectations, produce any result, be safe for your individual circumstances, be medically appropriate for you, be uninterrupted, be secure, or be free from errors, viruses, or harmful components. You use and rely on the Services at your own discretion and risk.
Some jurisdictions do not allow the exclusion of certain warranties, so some disclaimers may not apply to you. In those jurisdictions, warranties are excluded to the maximum extent permitted by law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE MAIN LAUNCH OR ANY RELEASED PARTY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR LOST-PROFIT DAMAGES, OR FOR ANY INJURY, ILLNESS, DEATH, DATA LOSS, SERVICE INTERRUPTION, UNAUTHORIZED ACCESS, PROPERTY DAMAGE, EMOTIONAL DISTRESS, MENTAL ANGUISH, ECONOMIC LOSS, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, YOUR PARTICIPATION, YOUR INABILITY TO USE THE SERVICES, THIRD-PARTY SERVICES, OR ANY INTERACTION WITH THE MAIN LAUNCH, EVEN IF THE MAIN LAUNCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE MAIN LAUNCH AND THE RELEASED PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID TO THE MAIN LAUNCH FOR THE SPECIFIC PROGRAM, CHALLENGE, OR SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
The exclusions and limitations in these Terms are fundamental elements of the agreement between you and The Main Launch and shall apply regardless of whether any limited remedy is found to have failed of its essential purpose.
You agree to defend, indemnify, and hold harmless The Main Launch and the Released Parties from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorney fees and court costs, arising out of or related to: (a) your participation; (b) your use or misuse of the Services; (c) your breach of these Terms; (d) your unsafe conduct; (e) your User Content; (f) your violation of law; (g) your violation of another person’s rights; (h) your payment dispute, chargeback, or fraud-related conduct; or (i) any claim brought by a third party arising from your actions or omissions. The Main Launch reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with that defense.
These Terms, your purchase, your participation, the Services, and any dispute, claim, or controversy arising out of or related to any of the foregoing (whether based in contract, tort, statute, or any other legal theory) shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to the binding arbitration agreement in Section 23, you and The Main Launch agree that any judicial action permitted under these Terms (including any action to compel arbitration, confirm or vacate an arbitration award, or seek temporary injunctive relief) shall be brought exclusively in the state or federal courts located in the county in the State of Texas where The Main Launch maintains its principal place of business, and each party irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
READ THIS SECTION 23 CAREFULLY. IT REQUIRES YOU AND THE MAIN LAUNCH TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND LIMITS THE WAYS IN WHICH YOU CAN SEEK RELIEF.
Informal Resolution. Before initiating arbitration or any other formal proceeding, you and The Main Launch agree to first attempt in good faith to resolve any dispute informally for a period of at least sixty (60) days by sending a written notice describing the dispute, the relief sought, and the contact information of the sending party, to [email protected] (for notices to The Main Launch) or to your email address of record (for notices to you).
Agreement to Arbitrate. If the dispute is not resolved through informal resolution, you and The Main Launch agree that any claim, dispute, or controversy arising out of or related to these Terms, the Services, your purchase, your participation, your User Content, or your relationship with The Main Launch (a “Dispute”) shall be resolved exclusively by final, binding, individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules in effect at the time the arbitration is commenced (the “AAA Rules”), as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and evidences a transaction involving interstate commerce. To the extent the FAA does not apply for any reason, the Texas General Arbitration Act, Tex. Civ. Prac. & Rem. Code §§ 171.001 et seq., shall apply.
Arbitrator’s Authority. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes, including any claim that all or any part of this arbitration agreement is void, voidable, unconscionable, or otherwise unenforceable. The arbitrator may award any relief that a court of competent jurisdiction could award, except that the arbitrator may not award relief inconsistent with the limitations in these Terms.
Location and Procedure. The arbitration shall be conducted in the county in the State of Texas where The Main Launch maintains its principal place of business, or, at your election if you reside in the United States, in the U.S. county in which you reside, or by video, telephone, or written submissions as permitted by the AAA Rules. The language of the arbitration shall be English.
Fees. The Main Launch will pay AAA filing, administrative, and arbitrator fees to the extent required by the AAA Rules or by applicable law. Each party shall otherwise bear its own attorney fees and costs, except as may be awarded by the arbitrator under applicable law.
Exceptions. This Section 23 does not require arbitration of: (a) claims that may be brought in a small claims court of competent jurisdiction, so long as the matter remains in such court and is brought on an individual basis; or (b) actions to seek temporary injunctive relief in court to prevent or stop infringement, misappropriation, or unauthorized use of intellectual property, confidential information, platform access, or data.
Opt-Out Right. You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to [email protected] within thirty (30) days after you first accept these Terms. Your notice must include your name, email address used at purchase, mailing address, and an unambiguous statement that you wish to opt out of the arbitration agreement in these Terms. Opting out of this arbitration agreement will not affect any other part of these Terms, including Section 22 (Governing Law and Venue) or Section 24 (Class Action Waiver).
Severability of Arbitration Provisions. If any portion of this Section 23 is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect, except that if the Class Action Waiver in Section 24 is found to be invalid or unenforceable with respect to a particular Dispute, then that Dispute shall be resolved in court in accordance with Section 22 (Governing Law and Venue) and not in arbitration.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE MAIN LAUNCH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. NO ARBITRATOR, MEDIATOR, COURT, OR OTHER DECISION-MAKER MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING UNLESS BOTH YOU AND THE MAIN LAUNCH AGREE IN WRITING.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE MAIN LAUNCH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE, CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, YOUR PURCHASE, YOUR PARTICIPATION, OR YOUR RELATIONSHIP WITH THE MAIN LAUNCH.
To the fullest extent permitted by law, any claim or cause of action you may have against The Main Launch or any Released Party arising out of or related to these Terms, the Services, your purchase, your participation, or your relationship with The Main Launch must be filed within two (2) years after the claim accrues. Otherwise, the claim is permanently barred. The parties acknowledge and agree that this contractual limitations period is a reasonable shortening of the periods otherwise provided by Texas law for claims to which a longer period would otherwise apply and is a material inducement for The Main Launch to enter into these Terms.
The Main Launch may send you transactional and service-related communications (such as account notices, purchase confirmations, security alerts, and challenge reminders) by email, SMS, or other electronic means. Where required by law, The Main Launch will send marketing or promotional text messages only with your prior express written consent obtained at the point of sign-up or opt-in.
By providing your mobile phone number and opting in to receive text messages (for example, by checking an SMS consent box, replying “YES,” “START,” or a similar keyword, or providing your number in a designated text-message field), you consent to receive recurring automated marketing and promotional text messages from The Main Launch at the number you provided, including messages sent using an automatic telephone dialing system or prerecorded or artificial voice. Consent to receive marketing text messages is not a condition of purchasing any product or service from The Main Launch.
Message and data rates may apply. Message frequency varies. You may opt out of marketing text messages at any time by replying “STOP” to any marketing message you receive from The Main Launch, or by contacting [email protected]. You may receive a confirmation message after opting out. Reply “HELP” for help. Carriers are not liable for delayed or undelivered messages.
Mobile information — including your phone number and SMS/text-message opt-in consent — will not be shared, sold, or rented to any third parties or affiliates for marketing or promotional purposes. The Main Launch may share this information only with the service providers that operate the text-messaging program (such as our messaging platform and customer-service providers), solely to deliver the messages you requested, and as further described in Section 8 of the Privacy Policy.
These SMS-related provisions are intended to comply with the federal Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), implementing FCC rules, applicable Texas law, and CTIA messaging principles. If any term in this Section 27 is inconsistent with the consent you provided at the point of opt-in, the more specific opt-in language shall control to the extent required by law.
By opting in to receive SMS messages, you agree to the following:
1. Consent for SMS Communication
Phone numbers obtained during the SMS consent process will not be shared with third parties for marketing purposes. This is to ensure that your information is used solely for communication purposes related to our services.
2. Types of SMS Communications
By opting in, you may receive SMS messages related to Customer Care.
3. Message Frequency
Message frequency may vary depending on the type of communication.
4. Potential Fees for SMS Messaging
Standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may differ for domestic or international messages.
5. Opt-In Methods
You may opt in to receive SMS messages by filling out a form on our website. The form links to our Privacy Policy, which clearly states that we do not share or sell SMS opt-in information or phone numbers for the purpose of SMS. The form contains a checkbox and the following SMS opt-in language:
6. Opt-Out Instructions
You can opt out at any time by replying “STOP” to any SMS message. Alternatively, contact us directly at [email protected].
7. Help
If you are experiencing any issues, reply with the keyword “HELP” or contact us directly at [email protected].
8. Additional Options
If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.
9. Standard Messaging Disclosures
If you are a California resident, you acknowledge that you have read and understand California Civil Code Section 1542, which provides that a general release does not extend to claims that the releasing party does not know or suspect to exist at the time of executing the release and that, if known, would have materially affected the settlement with the released party. To the fullest extent permitted by law, you waive any rights you may have under Section 1542 or any similar law of any jurisdiction with respect to the releases in these Terms.
You consent to receive agreements, notices, disclosures, and other communications electronically, including by website posting, email, text message, platform message, or other electronic means. You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by law. The Main Launch may keep electronic records of your acceptance, including your name, email address, IP address, timestamp, transaction details, and the version of the Terms accepted.
The Main Launch may suspend or terminate your access if you violate these Terms, fail to pay, misuse the Services, create risk for other participants or The Main Launch, or engage in conduct The Main Launch considers harmful, abusive, fraudulent, unlawful, or unsafe. Provisions that by their nature should survive termination will survive, including payment obligations, intellectual property, disclaimers, assumption of risk, releases, liability limitations, indemnity, dispute resolution, arbitration, class action waiver, jury waiver, claim limitations, and data-related provisions.
The Main Launch may update these Terms from time to time. The updated version will be posted on the website with a new “Last Updated” date. Your continued use of the Services after changes are posted means you accept the updated Terms, unless applicable law requires additional notice or consent.
The Main Launch respects the intellectual property rights of others and expects users of the Services to do the same. In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”), The Main Launch will respond to clear notices of alleged copyright infringement that comply with applicable law. In appropriate circumstances and at its discretion, The Main Launch may remove or disable access to User Content alleged to be infringing and may suspend or terminate the accounts of users it determines, in its reasonable judgment, to be repeat infringers.
If you believe that content available on or through the Services infringes a copyright you own or control, you may submit a written notice to The Main Launch’s designated agent (the “Designated Agent”) that includes the following, as required by 17 U.S.C. § 512(c)(3): (i) a physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the allegedly infringed copyright; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit The Main Launch to locate it, such as a URL or a description of where it appears; (iv) your name, mailing address, telephone number, and email address; (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.
If your User Content was removed or disabled in response to a DMCA notice and you believe the removal resulted from mistake or misidentification, you may submit a written counter-notification to the Designated Agent containing the elements required by 17 U.S.C. § 512(g)(3), including: your physical or electronic signature; identification of the material that was removed and the location at which it appeared before removal; a statement, made under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located, or, if your address is outside the United States, the federal courts located in the State of Texas, and that you will accept service of process from the person who submitted the original notice or that person’s agent.
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorney fees. Notices and counter-notifications must be sent to The Main Launch’s designated agent, Attn: Copyright Agent, by email to [email protected].
The Main Launch will not be liable or responsible for, nor be deemed to have defaulted under or breached these Terms for, any failure or delay in performing its obligations under these Terms when and to the extent the failure or delay is caused by or results from events beyond The Main Launch’s reasonable control, including but not limited to: acts of God; fire, flood, earthquake, severe weather, or other natural disaster; epidemic, pandemic, or public-health emergency; war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; government order, law, action, embargo, or restriction; strikes, labor stoppages or slowdowns, or other industrial disturbances; shortages of materials, equipment, or telecommunications; and the failure, interruption, or degradation of utilities, internet service, hosting, payment processing, telecommunications, or other third-party services or infrastructure. The Main Launch may, in its discretion, suspend, reschedule, modify, or extend any challenge, program, or Service affected by such an event, and any affected performance dates will be extended for a period equal to the time lost by reason of the event.
These Terms, and any rights and licenses granted under them, may not be assigned, transferred, or delegated by you, in whole or in part, without the prior written consent of The Main Launch, and any attempted assignment in violation of this section is void. The Main Launch may freely assign, transfer, or delegate these Terms and any of its rights and obligations under them, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, reorganization, financing, sale of assets, or by operation of law. These Terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns.
If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not permitted. The remaining provisions will remain in full force and effect. The parties intend these Terms to be enforced to the maximum extent permitted by applicable law.
These Terms, together with the Privacy Policy, Data Use Policy, Participant Liability Waiver and Release of Liability, and any written challenge-specific rules, form the entire agreement between you and The Main Launch regarding the Services and supersede any prior or contemporaneous oral or written communications, proposals, or representations.
For all legal, privacy, refund, support, opt-out, and other inquiries, contact The Main Launch at:
Email: [email protected] · Phone: (281) 473-8600 · Address: 12840 Jones Rd, Houston, TX 77070
The Main Launch is operated by Egor Reynolds DBA The Main Launch and is based in the State of Texas, United States of America.
THIS PARTICIPANT LIABILITY WAIVER AND RELEASE OF LIABILITY (THE “WAIVER”) AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY BEFORE REGISTERING FOR, PURCHASING, ACCESSING, OR PARTICIPATING IN ANY THE MAIN LAUNCH FITNESS CHALLENGE, WORKOUT, COACHING COMMUNICATION, ONLINE PROGRAM, DIGITAL PLATFORM, OR RELATED ACTIVITY. THIS WAIVER INCLUDES AN ASSUMPTION OF RISK, AN EXPRESS RELEASE OF LIABILITY THAT COVERS THE ORDINARY NEGLIGENCE OF THE MAIN LAUNCH AND THE RELEASED PARTIES, A COVENANT NOT TO SUE, AN INDEMNIFICATION OBLIGATION, A LIMITATION OF LIABILITY, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT UNDER TEXAS AND FEDERAL LAW.
By checking an acceptance box, completing a purchase, creating an account, accessing the platform, or participating in any The Main Launch activity, I confirm that I have read this Waiver carefully, understand it, and voluntarily agree to be bound by it.
I understand that The Main Launch provides an online fitness challenge, workout materials, digital platform access, accountability support, and coach-related guidance. I understand that I perform all workouts and activities voluntarily, on my own, in my own chosen environment, using my own judgment, and without in-person supervision by The Main Launch.
I understand that exercise and fitness activities involve inherent and other risks, whether known or unknown, foreseeable or unforeseeable. These risks include, but are not limited to, muscle soreness, sprains, strains, tears, fractures, falls, impact injuries, overexertion, dehydration, heat illness, dizziness, fainting, shortness of breath, abnormal blood pressure, irregular heartbeat, chest pain, heart attack, stroke, aggravation of existing conditions, emotional distress, illness, serious injury, permanent disability, and death.
I understand that these risks may arise from my health condition, fitness level, age, medical history, medications, pregnancy, prior injuries, equipment, workout surface, environment, weather, internet connection, failure to follow instructions, failure to stop when needed, or the actions or omissions of myself or others.
I confirm that I am physically and medically able to participate or that I have consulted a qualified healthcare provider and received clearance to participate. I understand that The Main Launch is not a medical provider and does not provide medical advice, diagnosis, treatment, physical therapy, nutrition therapy, emergency care, or individualized medical monitoring.
I am solely responsible for evaluating my own condition, modifying exercises, choosing safe intensity, using proper equipment, maintaining hydration, choosing a safe workout space, and stopping immediately if I experience pain, dizziness, chest pain, shortness of breath, faintness, abnormal heartbeat, unusual discomfort, or any symptom that concerns me.
I understand that The Main Launch does not supervise me in person, does not monitor my body in real time, does not inspect my workout space or equipment, and cannot determine whether any workout, movement, modification, or recommendation is safe for my individual circumstances. I accept full responsibility for how, where, when, and whether I perform any activity.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUME ALL RISKS, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, ARISING OUT OF OR RELATED TO MY REGISTRATION, PURCHASE, ACCESS TO THE PLATFORM, PARTICIPATION IN ANY CHALLENGE, USE OF ANY WORKOUT, EXERCISE, COACHING COMMUNICATION, VIDEO, INSTRUCTION, RECOMMENDATION, OR DIGITAL MATERIAL, AND MY DECISION TO PERFORM ANY ACTIVITY ON MY OWN — INCLUDING ANY RISKS ARISING OUT OF OR RELATED TO THE ORDINARY NEGLIGENCE OF THE MAIN LAUNCH OR ANY RELEASED PARTY.
I UNDERSTAND AND AGREE THAT MY PARTICIPATION MAY RESULT IN INJURY, ILLNESS, DISABILITY, DEATH, PROPERTY DAMAGE, OR OTHER HARM, AND I VOLUNTARILY ACCEPT THOSE RISKS.
This Section is intended to satisfy the express negligence doctrine and fair notice requirements under Texas law, including as articulated in Dresser Industries, Inc. v. Page Petroleum, Inc., 853 S.W.2d 505 (Tex. 1993), and its progeny. The conspicuous language below provides express notice that I am releasing claims arising from the negligence of The Main Launch and the Released Parties.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE THE MAIN LAUNCH, INCLUDING ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OPERATORS, COACHES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, VENDORS, PAYMENT PROCESSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO MY REGISTRATION, PURCHASE, ACCOUNT ACCESS, PARTICIPATION, USE OF THE PLATFORM, USE OF WORKOUT MATERIALS, COACHING COMMUNICATIONS, USER CONTENT, THIRD-PARTY SERVICES, OR ANY RELATED ACTIVITY — INCLUDING, EXPRESSLY AND WITHOUT LIMITATION, ANY SUCH CLAIM ARISING OUT OF OR RELATED TO THE ORDINARY NEGLIGENCE OF THE MAIN LAUNCH OR ANY OTHER RELEASED PARTY.
THIS RELEASE INCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS FOR PERSONAL INJURY, BODILY INJURY, ILLNESS, DISABILITY, DEATH, PROPERTY DAMAGE, EMOTIONAL DISTRESS, MENTAL ANGUISH, DATA LOSS, SERVICE INTERRUPTION, UNAUTHORIZED ACCESS, ECONOMIC LOSS, LOST PROFITS, LOST WAGES, AND OTHER HARM, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
Nothing in this Waiver is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law, including liability for gross negligence, reckless conduct, intentional misconduct, fraud, or other non-waivable rights.
To the fullest extent permitted by applicable law, I agree not to file, initiate, participate in, or maintain any lawsuit, arbitration, claim, demand, or proceeding against The Main Launch or any Released Party for any claim released by this Waiver, except as expressly permitted by Section 23 of the Terms (Binding Individual Arbitration). If I bring a claim in violation of this Waiver, I agree that this Waiver may be asserted as a complete or partial defense to that claim to the fullest extent permitted by law, and I agree to pay all reasonable attorney fees and costs incurred by The Main Launch and the Released Parties in defending such claim.
I agree to defend, indemnify, and hold harmless The Main Launch and the Released Parties from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorney fees, arising out of or related to my participation, unsafe conduct, breach of this Waiver, breach of the Terms, misuse of the Services, violation of law, User Content, payment dispute, or violation of another person’s rights.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAIN LAUNCH AND THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR LOST-PROFIT DAMAGES, OR FOR ANY INJURY, ILLNESS, DEATH, DATA LOSS, SERVICE INTERRUPTION, UNAUTHORIZED ACCESS, PROPERTY DAMAGE, EMOTIONAL DISTRESS, MENTAL ANGUISH, ECONOMIC LOSS, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO MY PARTICIPATION, USE OF THE SERVICES, INABILITY TO USE THE SERVICES, THIRD-PARTY SERVICES, OR ANY INTERACTION WITH THE MAIN LAUNCH. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE MAIN LAUNCH AND THE RELEASED PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT I PAID TO THE MAIN LAUNCH FOR THE SPECIFIC PROGRAM, CHALLENGE, OR SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
I understand that The Main Launch does not provide emergency monitoring, emergency response, medical supervision, or real-time safety intervention. If I experience a medical emergency, I must stop participating and contact emergency services (911) immediately.
I am solely responsible for selecting and maintaining a safe workout environment, appropriate flooring, adequate space, safe equipment, suitable clothing and footwear, hydration, ventilation, and any modifications needed for my ability level. I understand that The Main Launch is not responsible for hazards in my environment or defects, misuse, or failure of any equipment.
I confirm that I am at least 18 years old. If I am not at least 18, I may not purchase, register for, access, or participate in The Main Launch Services.
This Waiver is governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising out of or related to this Waiver is subject to the binding individual arbitration provisions, class action waiver, jury trial waiver, and venue provisions set forth in Sections 22, 23, 24, and 25 of the Terms of Use and Terms & Conditions, which are incorporated into this Waiver by reference.
If I am a California resident, I acknowledge that I have read and understand California Civil Code Section 1542, which provides that a general release does not extend to claims that the releasing party does not know or suspect to exist at the time of executing the release and that, if known, would have materially affected the settlement with the released party. To the fullest extent permitted by law, I waive any rights I may have under Section 1542 or any similar law of any jurisdiction with respect to the releases in this Waiver.
I agree that my electronic acceptance of this Waiver, including checking a box, clicking a button, creating an account, completing a purchase, or accessing the Services, is intended to serve as my electronic signature under the federal E-SIGN Act and the Texas Uniform Electronic Transactions Act, and a legally binding agreement. I agree that The Main Launch may keep electronic records of my acceptance, including my name, email address, IP address, timestamp, transaction details, and the version of this Waiver accepted.
If any part of this Waiver is found unlawful, void, or unenforceable, that part will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not permitted. The remaining provisions will remain in full force and effect. I intend this Waiver to be enforced to the maximum extent permitted by applicable law.
Email: [email protected] · Phone: (281) 473-8600 · Address: 12840 Jones Rd, Houston, TX 77070
The Main Launch is operated by Egor Reynolds DBA The Main Launch and is based in the State of Texas, United States of America.