Performance Architecture Engagement Terms

This Agreement is between Erik Warner, operating under the trade name Peace thru Strength ("I" / "Provider"), and you ("Client"). By initiating payment, clicking "I Agree" during onboarding, or signing, you confirm you have read and agreed to everything here.

I offer performance architecture: biometric optimization, behavioral systems design, sovereignty architecture, nutritional programming, and lifestyle engineering. Delivered via Zoom sessions, asynchronous protocol delivery, and messaging support based on your tier.

This is educational and consultative work. I am not a licensed physician, therapist, or mental health professional. I work alongside your existing medical and mental health team, not in place of them. This practice is not a HIPAA-covered entity; however, all health information you share is treated with strict confidentiality as described in Section 9.

Initial Term: Ninety (90) days minimum, starting from your first scheduled session. Payment is collected before onboarding begins, but the 90-day commitment period starts on the date of your first session, not the date of payment. This ensures you receive the full 90 days of service delivery regardless of when payment clears.

Renewal: After the initial 90 days, the engagement continues month-to-month automatically until you cancel. You may cancel at any time by emailing erik@erikwarner.com or through your client portal. Cancellation is effective at the end of your current billing period, and you will not be charged for the following period. You will receive a reminder email no less than 14 days before each renewal date.

6-Month Prepay Option: At any point (including during onboarding), you may elect to prepay 6 months at a discount (see Section 3). This is optional and available on request. It locks your rate and removes the monthly auto-billing cycle.

Why this structure: Structural transformation is not a weekend project. Ninety days is the minimum window for meaningful change to take hold. After that, the work deepens month by month, and you stay because it is working, not because you are obligated to.

Payment is collected automatically on the first of each month via the card on file. All fees are in USD. All quoted rates include tax; you never see a surprise charge.

Structured: $600/month: two sessions per month (one check-in, one monthly report), full system design, protocol delivery, email/text access between sessions.

Intensive: $900/month: four sessions per month (three check-ins, one monthly report), priority Voxer/WhatsApp access, mid-week adjustments, quarterly re-assessment.

3-Month Prepaid (Initial Term): $1,620 (Structured) or $2,430 (Intensive): single payment, 10% off vs monthly. Non-refundable except as provided under the 90-Day Compliance Guarantee in Section 4.

6-Month Prepaid (Renewal): $3,240 (Structured) or $4,860 (Intensive): 10% off, single payment, non-refundable. Locks your rate for the full term. Available at any point after the initial term commences.

Capacity reservation: When you begin, I reserve dedicated capacity for you: preparation time, session slots, protocol design, and availability between sessions. Your fees compensate Provider for that reserved capacity whether or not you utilize all available sessions or communications. This is what enables the level of attention that produces results. Fees for the commitment period are considered earned as this capacity is reserved. Notwithstanding the foregoing, fees may be refunded as provided under the 90-Day Compliance Guarantee in Section 4.

Late payments: Late payments incur a $50 administrative fee after 5 business days. The parties agree that this amount represents a reasonable estimate of Provider's administrative costs for handling late payments and is not a penalty. Non-payment for 15 days is a material breach and I may suspend services while remaining fees stay due.

I reserve the right to adjust fees with 30 days notice, effective at the start of your next term. Fee changes never apply mid-commitment.

Payment processing: Payments are processed through Stripe. By providing payment details, you acknowledge that Stripe's terms of service govern the processing of your payment and that I do not store your card information on my servers.

General refund policy: All fees paid are non-refundable, except as provided under the 90-Day Compliance Guarantee below.

Early exit: During the initial 90-day term, you are responsible for the full initial-term fees except as provided under the 90-Day Compliance Guarantee. After the initial term, you may cancel at any time as described in Section 2, with no further charges.

If I end it: I reserve the right to terminate for repeated no-shows, abusive behavior, or conduct that undermines the engagement. No refund in that case. If I end it without cause, you get a pro-rata refund of unused months.

The 90-Day Compliance Guarantee: If you complete every compliance requirement below for the full 90-day initial term and show no measurable improvement in at least one tracked biometric marker (as documented by bloodwork, logged body weight, sleep efficiency data, or resting HRV data), you will receive a full refund of all fees paid. "No measurable improvement" means no statistically discernible positive change in any tracked marker between your intake baseline and day-90 assessment, as evaluated by Provider in good faith. The compliance requirements are: (1) daily food log submitted every day; (2) all prescribed exercise sessions completed; (3) all bloodwork completed as directed; (4) weekly weigh-ins logged; (5) intake and day-90 progress photos submitted; (6) all scheduled video calls attended.

How the review works: At 90 days we review the compliance logs together. I track these throughout and will flag if something is falling behind. You will not reach day 90 without knowing where you stand. If full compliance is confirmed and you request a refund, it will be issued within 14 business days with no further conditions.

Partial compliance voids the guarantee: Missing any compliance requirement (a skipped log, a missed call, incomplete bloodwork) removes eligibility for the refund. There is no partial guarantee. The standard no-refund policy applies in that case.

Sessions are scheduled collaboratively. I will work around your schedule within reason.

Rescheduling: 24 hours notice from either side. I will offer an alternative time within the same billing period.

Late cancellations: Less than 24 hours notice means the session counts as used, unless I agree to reschedule. Three or more last-minute cancellations in a month and we address the pattern.

No-shows: If you do not attend and have not communicated, the session is forfeited. Two consecutive no-shows without contact may be treated as disengagement.

Sessions do not roll over between months. If you know a busy period is coming, tell me in advance and I will adjust protocol delivery accordingly.

Recording: I may record sessions for my own notes and protocol documentation. You consent to this by participating. Recordings are for Provider use only and will not be shared without your written permission. You may not record sessions without my prior written consent.

I bring the architecture. You bring the execution. Results depend on your effort, consistency, and honest communication about what is and is not working.

You acknowledge that performance architecture involves physical training protocols, nutritional changes, supplementation recommendations, sleep and stress modification practices, and lifestyle restructuring. These activities carry inherent risks, including but not limited to:

• Physical injury, muscle strain, joint damage, or cardiovascular stress from exercise protocols
• Adverse dietary reactions, food sensitivities, or nutrient imbalances from nutritional changes
• Side effects or drug interactions from supplementation
• Psychological or emotional discomfort from behavioral and identity-level change work
• Changes in personal relationships resulting from shifts in priorities and boundaries

You voluntarily assume these risks. You represent that you are in good health and have consulted your physician before beginning any protocol changes. You agree to disclose relevant medical conditions, medications, injuries, or limitations. Open communication about health allows me to design safer systems. Failure to disclose material health information releases me from liability arising from that omission.

My protocols complement, but do not replace, individualized medical care. If something causes pain or adverse reaction, stop it and tell me immediately. This assumption of risk does not apply to risks arising from Provider's gross negligence or willful misconduct.

I am committed to delivering the highest-quality work available. Individual results vary based on compliance, pre-existing conditions, and circumstances outside my control. No specific outcomes or timelines are guaranteed in a legal sense, except as described in the 90-Day Compliance Guarantee in Section 4, which applies only when all compliance requirements are fully met.

My case studies represent real results from engaged clients. They are reference points, not promises. Your engagement and communication are the primary determinants of outcome quality.

Liability cap: Provider's total aggregate liability for any and all claims arising from this engagement is capped at the fees Client paid in the 3 months preceding the claim. Provider is not liable for indirect, incidental, special, consequential, or punitive damages, including anything arising from Client's implementation of protocols, regardless of the theory of liability. Nothing in this section limits Provider's liability for fraud, gross negligence, willful misconduct, or any liability that cannot be excluded or limited under applicable law.

Client indemnification: Client agrees to indemnify, defend, and hold Provider harmless from claims, liabilities, damages, losses, and reasonable expenses (including attorneys' fees) arising from: (a) breach of this Agreement by Client; (b) implementation contrary to Provider's instructions or Client's own medical advice; (c) misrepresentation of health status; or (d) third-party claims related to Client's use of the services.

Provider indemnification: Provider agrees to indemnify, defend, and hold Client harmless from claims, liabilities, damages, losses, and reasonable expenses (including attorneys' fees) arising from: (a) Provider's breach of the confidentiality obligations in Section 9; or (b) Provider's gross negligence or willful misconduct in the delivery of services.

All protocols, systems, and materials I provide are my intellectual property, licensed to you for personal use only. Do not reproduce, distribute, sell, or teach them without written consent.

Confidentiality is mutual. I will not disclose your personal information or session content to anyone without your consent, except as required by law. You agree not to share my proprietary methods externally.

Anonymized use (no consent required): I may use the following for case studies, marketing materials, and educational content without additional consent: outcome data (biometric results, progress markers), descriptions of presenting problems, and the general arc of the engagement. Any direct quotes are paraphrased and reworded so they cannot be attributed to you by someone who knows you. "Non-identifying" means no name, no partial name, no employer, no profession in a specific geography that would identify you, and no details that would allow a reasonable third party to identify you.

What requires separate written consent: I will never use any of the following without your explicit written permission: your full or partial name, your face or likeness (including photos, video, and screenshots), your employer or workplace name, your social media handle or public profile, or any combination of details that would identify you to people who know you. Written consent for identified use is a separate document and will specify exactly what is being used and where.

Review right: Before publishing any case study that describes your situation in detail, I will share it with you and allow 10 business days to flag any concerns. This review applies to any description specific enough that you would recognize yourself, even if anonymized. I will address reasonable objections before publication.

Opt-out: You may opt out of anonymized use entirely with written notice at any time. Opting out does not affect existing published materials.

Step 1 -- Direct resolution: We talk about it directly for 30 days. Most things can be worked out with a conversation.

Step 2 -- Binding arbitration: If direct resolution fails, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in the state of Tennessee. The arbitrator shall apply Tennessee law and issue a written, reasoned decision. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

Small claims exception: Either party may bring qualifying claims in small claims court in Tennessee instead of arbitration.

Each side bears their own costs unless the arbitrator decides otherwise. You agree to resolve disputes on an individual basis. Class actions, class arbitrations, and representative actions are not permitted under this Agreement.

Arbitration opt-out: You may opt out of the binding arbitration and class action waiver provisions of this Section by sending a written notice to erik@erikwarner.com within 30 days of accepting this Agreement. The notice must state your name, email address, and your intent to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Tennessee. Opting out does not affect any other provision of this Agreement.

I respond within a reasonable timeframe during business hours. Priority messaging (Intensive tier) means faster response, not 24/7 availability.

I am not available for crisis intervention or medical emergencies. In those cases, contact emergency services or your physician immediately.

Formal notices go via email to the addresses at signing. Considered received upon delivery confirmation or 48 hours after sending.

Neither party is liable for failures or delays caused by circumstances beyond reasonable control (natural disasters, government actions, internet or infrastructure failures, pandemics). Affected sessions are rescheduled at no cost and deadlines are extended as needed.

You agree that clicking "I Agree" during the onboarding process, initiating payment, or continuing past the contract acceptance step on the Site constitutes your legally binding electronic signature under the Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. 7001 et seq.) and the Uniform Electronic Transactions Act (UETA). This electronic acceptance has the same legal force and effect as a handwritten signature on a physical document.

By accepting electronically, you confirm that you have had the opportunity to review this Agreement in its entirety, that you consent to conducting this transaction electronically, and that you have the ability to retain a copy of this Agreement (which is available at erikwarner.com/contract at all times).

The following sections survive termination or expiration of this Agreement: Section 3 (Fees and Payment, to the extent of outstanding obligations), Section 6 (Assumption of Risk), Section 7 (Results), Section 8 (Liability and Indemnification), Section 9 (Confidentiality, IP & Anonymized Use), Section 10 (If We Disagree), and Section 15 (General Provisions). All other rights and obligations cease upon termination except as needed to wind down the engagement in an orderly fashion.

This is the entire agreement between us. It supersedes anything said or written previously. If any part is found unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force and effect. Failure to enforce a provision does not waive it. Modifications require written agreement from both parties. Governed by the laws of the state of Tennessee, without regard to its conflict-of-law provisions. You cannot assign this agreement without my written consent.

By signing below, initiating payment, or accepting electronically during onboarding, you confirm:

• You have read and understood this Agreement in its entirety
• You are entering into it voluntarily
• You are at least 18 and legally competent to contract
• You understand the commitment period and refund policy
• You have consulted your physician regarding health-related concerns
• You understand and voluntarily assume the risks described in Section 6
• You accept responsibility for your own implementation and results
• You are committed to open communication throughout
• You consent to electronic acceptance as described in Section 13