some form submissions are marked as non-marketing contact

We are using the CRM Perks form for leads to submit. A few of these are getting marked as non-marketing (and we do not have this option noted on the form). We have set to turn on for contacts from non-Hubspot forms (ie this form) as marketing contacts but per workflow screenshot, some leads are marked as non-marketing.
What is odd is that only a few records are not logged via the form (majority are submitted correctly) and these records are added to Hubspot but marked as non-marketing contact.