TRAINER SERVICE AGREEMENT

Last updated August 8, 2026

This Trainer Service Agreement ("Agreement") is entered into between Muscle App("Platform," "we," "us"), a company registered in Spain at Alcalá de Henares, Madrid 28805, and you ("Trainer," "you"), the individual or entity offering personal training services through our platform.

By creating a trainer profile and offering services on Muscle App, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

1. INDEPENDENT CONTRACTOR RELATIONSHIP

1.1 Status

You are an independent contractor, NOT an employee, partner, joint venturer, or agent of Muscle App. This Agreement does not create any employment relationship, and you will not be entitled to any employee benefits, including but not limited to:

• Salary or minimum wage guarantees
• Paid vacation, sick leave, or holidays
• Health insurance or retirement benefits
• Workers' compensation or unemployment insurance
• Withholding of income taxes or social security contributions

1.2 Control and Autonomy

You have complete control over:

• How, when, and where you provide your services to athletes
• Your pricing, availability, and service offerings
• Your training methodologies and program design
• Whether to accept or reject athlete subscription requests

Muscle App does NOT control, direct, or supervise how you provide services to athletes. We merely provide the technology platform to facilitate connections.

1.3 No Exclusivity

You are free to offer your services on other platforms, to private clients, or through any other means. This Agreement is non-exclusive.

2. TRAINER RESPONSIBILITIES AND OBLIGATIONS

2.1 Accurate Profile Information

You represent and warrant that all information in your trainer profile is:

• True, accurate, current, and complete
• Not misleading, exaggerated, or false
• Regularly updated to reflect any changes in certifications, experience, or qualifications

2.2 Legal Compliance

You are solely responsible for ensuring you are legally permitted to provide personal training and fitness services in all jurisdictions where your athletes are located. This includes obtaining any required:

• Professional licenses or permits
• Business registrations or tax IDs
• Insurance coverage (professional liability, general liability)
• Compliance with local health and fitness regulations

2.3 Service Quality

You agree to:

• Provide services in a professional, competent, and timely manner
• Respond to athlete communications within a reasonable timeframe (recommended: within 24-48 hours)
• Create training programs appropriate for each athlete's fitness level and goals
• Update and adjust programs based on athlete progress and feedback
• Maintain confidentiality of athlete information and health data

2.4 Prohibited Services

Unless you hold appropriate medical or nutritional credentials, you may NOT:

• Diagnose medical conditions or prescribe treatments
• Provide medical, therapeutic, or rehabilitation advice
• Offer meal plans or nutrition advice beyond general fitness nutrition guidance (unless you are a registered dietitian/nutritionist)
• Recommend or sell supplements, medications, or substances
• Treat injuries or provide physical therapy services (unless licensed)

3. PROFESSIONAL STANDARDS

3.1 Certifications and Credentials

Muscle App does not verify, endorse, or validate the certifications or credentials you display. Any certification shown on your profile is self-declared by you and published for your own professional presentation; Muscle App performs no authentication of it and displays no “verified” status. You are solely responsible for:

• The accuracy and authenticity of every certification you upload or list
• Maintaining current, valid certifications from recognized organizations
• Renewing certifications before expiration
• Immediately removing outdated or expired certifications from your profile

3.2 Ethical Conduct

You agree to:

• Respect athlete boundaries and maintain professional relationships
• Never engage in harassment, discrimination, or inappropriate behavior
• Avoid conflicts of interest
• Provide honest, realistic expectations about potential results
• Never guarantee specific outcomes (weight loss, muscle gain, etc.)

3.3 Safety First

You must:

• Screen athletes for health conditions, injuries, or limitations
• Recommend medical consultation when appropriate
• Design safe, progressive training programs
• Provide clear exercise instructions and form cues
• Monitor athlete progress and adjust programs to prevent overtraining or injury

4. PAYMENT TERMS AND PLATFORM FEES

4.1 Platform Commission

Muscle App applies the following commission structure based on your subscription plan:

• Standard trainers (no premium plan): An 8% platform fee (commission) is charged on each transaction.
• Trainer Premium plan subscribers: 0% commission — no platform fee is charged on transactions.

The applicable commission is automatically deducted via Stripe Connect Application Fee before funds are transferred to you. Commission rates and plan terms may be updated with 30 days' written notice to you.

4.2 Stripe Connect

All payments are processed through Stripe Connect. You must:

• Create and maintain a valid Stripe Connect account
• Provide accurate bank account information for payouts
• Comply with Stripe's Terms of Service and Acceptable Use Policy
• Accept that Muscle App is NOT responsible for Stripe holds, disputes, or limitations

4.3 Payout Schedule

Funds from athlete subscriptions are transferred to your Stripe account according to Stripe's standard payout schedule (typically 2-7 business days after successful charge). First payouts may be delayed for verification purposes.

4.4 Refunds and Chargebacks

If an athlete:

• Exercises their EU 14-day right of withdrawal, the refunded amount (minus Stripe processing fees) will be deducted from your next payout
• Initiates a chargeback, you may be liable for the disputed amount plus chargeback fees
• You may contest chargebacks through Stripe's dispute resolution process

4.5 Pricing

You set your own pricing for subscriptions. However:

• Prices must be reasonable and not predatory
• Plans cannot be free; the minimum price is €20 (or the equivalent in the plan's currency)
• Price changes affect only new subscriptions, not existing ones
• You cannot circumvent the platform to accept payments outside Muscle App

5. CONTENT AND INTELLECTUAL PROPERTY

5.1 Your Content Ownership

You retain ownership of all training programs, workout routines, videos, nutrition guides, and other content you create ("Your Content").

5.2 License Grant to Muscle App

By uploading Your Content to the platform, you grant Muscle App a non-exclusive, worldwide, royalty-free license to:

• Display Your Content on the platform to your subscribed athletes
• Store, host, and backup Your Content on our servers
• Make minor formatting adjustments for platform compatibility

Important: This license does NOT allow Muscle App to sell, redistribute, or provide Your Content to non-subscribed users, or to use Your Content for marketing or promotional purposes without your express written consent.

5.3 Content Responsibilities

You warrant that Your Content:

• Is original or you have proper rights/licenses to use it
• Does not infringe third-party intellectual property rights
• Is safe, accurate, and appropriate for general fitness audiences
• Does not contain harmful, dangerous, or medically unsound advice

5.4 Prohibited Content

You may NOT upload content that:

• Promotes dangerous or extreme practices (e.g., crash diets, steroid use)
• Contains copyrighted music, videos, or images without proper licenses
• Is sexually explicit, offensive, or discriminatory
• Violates any law or regulation

6. LIABILITY AND INSURANCE

6.1 Your Liability

You acknowledge and agree that:

• You are solely liable for any injuries, damages, or losses suffered by athletes following your programs or advice
• Muscle App is NOT liable for the quality, safety, or outcomes of your services
• Athletes follow your programs at their own risk

6.2 Platform Limitations

Muscle App provides the platform "AS IS" and makes NO warranties regarding:

• Uptime, availability, or reliability of the platform
• The number or quality of athletes you will attract
• Success, income, or earnings potential
• Protection from athlete disputes or negative reviews

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Muscle App, its officers, directors, employees, and affiliates from any and all claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from or related to:

• Your provision of training, fitness, nutrition, or health advice to athletes
• Any injuries, damages, or losses suffered by athletes while following your programs
• Misrepresentation of your credentials, qualifications, or experience
• Your violation of professional standards, codes of ethics, or regulations
• Your breach of this Agreement or the general Terms and Conditions
• Your content that is defective, dangerous, misleading, or infringes third-party rights
• Your tax obligations or employment status disputes
• Disputes with athletes regarding service quality, refunds, or any other matter

This indemnification obligation survives termination of this Agreement.

8. TAXES AND REGULATORY COMPLIANCE

8.1 Tax Responsibility

As an independent contractor, you are SOLELY RESPONSIBLE for:

• All income taxes on earnings from the platform
• Self-employment taxes (social security, Medicare in US; autónomo in Spain)
• Value Added Tax (VAT) if applicable in your jurisdiction
• Quarterly estimated tax payments (if required)
• Annual tax filings and reporting

Muscle App does NOT withhold taxes on your behalf. You are not our employee.

8.2 Tax Reporting

Muscle App will provide:

• Annual transaction summaries (via Stripe) for your records
• Form 1099-K (US) if you exceed $20,000 and 200 transactions (per IRS requirements)
• Modelo 347 reporting (Spain) if you exceed €3,005.06 annual transactions
• Compliance with tax reporting requirements in other jurisdictions as required by law

8.3 VAT and Sales Tax

If you are required to charge VAT or sales tax in your jurisdiction:

• You must include it in your subscription pricing
• You are responsible for collecting, reporting, and remitting it to tax authorities
• Muscle App's platform fee is calculated on the gross amount (including any taxes)

8.4 Business Registration

You may be required to register as a business (sole proprietor, LLC, etc.) in your jurisdiction. This is YOUR responsibility to determine and comply with.

9. PROHIBITED CONDUCT

In addition to the general Terms and Conditions, trainers specifically may NOT:

• Circumvent the platform: Accept payments outside Muscle App to avoid fees
• Misrepresent credentials: Claim certifications, degrees, or experience you don't have
• Share login credentials: Allow others to use your trainer account
• Create fake reviews: Solicit or post fake testimonials or reviews
• Spam or harass: Send unsolicited messages to athletes or other trainers
• Discriminate: Refuse services based on race, gender, religion, sexual orientation, disability, or other protected characteristics
• Guarantee results: Promise specific outcomes like "lose 20 pounds in 30 days guaranteed"

10. TERMINATION

10.1 Termination by You

You may terminate this Agreement at any time by:

• Deactivating your trainer profile in your account settings
• Emailing legal@muscleapp.fit with termination notice

Termination does NOT relieve you of obligations to existing subscribed athletes. You must:

• Continue providing services through the end of any paid subscription periods, OR
• Work with athletes to transfer them to another trainer, OR
• Provide pro-rated refunds

10.2 Termination by Muscle App

We may suspend or terminate your trainer account immediately if you:

• Violate this Agreement or the general Terms and Conditions
• Engage in fraudulent, illegal, or harmful conduct
• Receive multiple athlete complaints about service quality or safety
• Provide false credentials or information
• Fail to respond to athlete communications for extended periods
• Violate professional standards or ethical guidelines

10.3 Effects of Termination

Upon termination:

• Your profile will be removed from the platform
• You will lose access to the platform and athlete communications
• Outstanding payments will be processed according to normal schedule
• You must delete any athlete data or information obtained through the platform
• Indemnification obligations continue indefinitely

11. DISPUTE RESOLUTION

11.1 Disputes with Athletes

You are solely responsible for resolving disputes with athletes. Muscle App is NOT a party to these disputes and will not mediate or arbitrate. However, we may suspend accounts pending resolution of serious disputes.

11.2 Disputes with Muscle App

Any disputes between you and Muscle App shall be resolved as follows:

• Informal negotiation: Both parties agree to attempt to resolve any dispute through good faith negotiations for at least 30 days before pursuing formal proceedings
• Governing law: This Agreement is governed by the laws of Spain, without regard to conflict of law principles
• Jurisdiction: Any legal action or proceeding arising from this Agreement shall be brought exclusively in the courts of Madrid, Spain
• Language: All proceedings shall be conducted in Spanish or English, at Muscle App's discretion
• Alternative dispute resolution: The parties may mutually agree to submit disputes to mediation or arbitration as an alternative to litigation

This dispute resolution provision shall survive termination of this Agreement.

12. MISCELLANEOUS PROVISIONS

12.1 Modifications

Muscle App may modify this Agreement with 30 days' notice. Material changes affecting payments or liability will require your affirmative consent. Continued use after notice period constitutes acceptance.

12.2 Severability

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

12.4 Entire Agreement

This Agreement, together with the general Terms and Conditions and Privacy Policy, constitutes the entire agreement between you and Muscle App regarding your provision of trainer services.

12.5 Assignment

You may NOT assign or transfer this Agreement without our prior written consent. We may assign this Agreement to any successor or affiliate.

12.6 Notices

All legal notices must be sent to legal@muscleapp.fit. We will send notices to the email address associated with your trainer account.