In General

949strength owns and operates the websites “949strength.com”. This document governs your relationship with the “Websites.” Access to and use of the Websites and the products and services available through the Websites (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you agree to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

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Access to the Websites are permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Websites.

The Websites may contain links to other websites (the “Linked Sites”), which are not operated by 949strength. 949strength has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to these terms of use and service (“Terms of Service”) contained within each such site.

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Prohibitions

You must not misuse the Websites. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Websites. Breaching this provision is a criminal offense, and 949strength will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

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We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites or to your downloading of any material posted on it, or on any website linked to it.

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Intellectual Property, Software and Content

The intellectual property rights in all software, curriculum, and content (including photographic images) made available to you on or through the Websites remains the property of 949strength or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by 949strength and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Websites nor may you use any such content in connection with any business or commercial enterprise.

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Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

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In order to contract with 949strength.com, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. 949strength.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email, and we will confirm the identity of the party which you have contracted with. This will usually be 949strength.com or may in some cases be a third party. Where a contract is made with a third party, 949strength.com is not acting as either agent or principal, and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

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(a) Our Contract

When you place an order, you will receive an acknowledgment email confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

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(b) Pricing and Availability

While we try and ensure that all details, descriptions, and prices which appear on the Websites are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost.’

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(c) Payment

Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

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Disclaimer of Liability

The material displayed on the Websites is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law 949strength.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Websites or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arose in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect 949strength’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

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Linking to the Websites

You may link to the homepage of a website controlled by 949strength.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Websites must not be framed on any other site. You may not create a link to any part of the Websites other than the home page. We reserve the right to withdraw linking permission without notice.

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Disclaimer as to ownership of trademarks, images of personalities and third party copyright.. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with 949strength.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to 949strength.com.

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Indemnity

You agree to indemnify, defend and hold harmless 949strength.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

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Variation

949stength.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

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Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause, as is permitted by law.

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Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

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Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

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The Subscription Service and Release of Liability Agreement (the “Agreement”) is between 949strength and you (the “Client”), individually and/or as an agent or guardian of the Client. It is agreed between 949strength and the Client that the Client is purchasing, for the benefit of the Client, an online fitness or coaching subscription, from 949strength according to the terms of this Agreement.

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EFT Request and Authorization: Client hereby authorizes 949strength or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment described above or the account listed below or replacement account designated by Client and accepted by 949strength for payment of any and all fees, late charges, costs, expenses or any other monies due to 949strength under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon seven (7) days’ written notice to, and approved by, 949strength. Client may timely notify the financial institution in control of Client’s account to terminate this Request, but such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to the extent permitted by law. Payments received more than ten (10) days after the due date are assessed a late fee of fifteen dollars.

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*After the initial Agreement is over Client’s contract will be automatically renewed on a month-to-month basis, and payments will continue until Client cancels membership in writing via email to support@949strength.com with seven (7) days’ notice and completes a short exit survey. It is further understood that auto-pays will continue to be withdrawn until the Client requests the cessation of such debits, in writing, via email to support@949strength.com regardless of the duration of the membership agreement.

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WAIVER AND RELEASE

I hereby enter into the following Agreement with 949strength (principal place of business in Sunbury on Thames), as well as its members, officers, employees, agents, and representatives (individually and collectively, “949strength”), as a condition of receiving and using Barbell Logic’s online fitness and performance programming services.

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1. I acknowledge and fully understand that 949strength will endeavour to provide the most effective principles to help achieve my fitness, performance, and personal goals, but that 949strength cannot guarantee that any services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques, recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose.  Further, I hereby waive, release, and discharge 949strength and all of its members, officers, employees, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, workouts, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of 949strength, no matter where those injuries occur.
    

2. I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I further acknowledge and fully understand that all of the foregoing risks are especially pronounced in an online programming setting, such as that embodied by the fitness and performance programming services provided by 949strength because I will necessarily be engaging in fitness or exercise activities on my own, without real-time supervision by 949strength, in a facility or location over which 949strength has no control. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge 949strength from any and all liability from death, injuries or damages arising from, or in any way connected with, 949strength’s fitness and performance programming services; 949strength’s instruction, programming, advice or recommendations; the use of any exercises, routines, equipment or machinery, whether or not they were recommended by 949strength, or my engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of 949strength, no matter where those injuries occur.
    

3. I acknowledge and understand that while some members, officers, employees, agents, and representatives of 949strength. are licensed dietitians or physicians, I acknowledge and agree that any information, guidelines, or advice provided by 949strength are not intended to constitute and shall not be construed as dietetic or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
    

4. I understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either obtained a signed approval from my physician or that I acknowledge the risks inherent in such activities but have elected to engage in said activities without seeking prior approval by a physician.
    

5. If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this Agreement invalid, such invalidation shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this Agreement is deemed invalid, the remainder of that section shall remain in full force and effect.
    

6. I hereby give permission to 949strength and any of its employees, contractors, coaches, or representatives to use my name and photographic/video likeness in all forms and media for advertising, exposition displays, trade, and any other lawful purposes.
    

7. I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ADHERE TO ALL ITS PRECEPTS. Any questions that I may have had relating to anything in this Agreement have been answered to my satisfaction. This document encompasses the entire Agreement of the parties and supersedes all prior oral and written representations between the parties, if any.
    

DISCLAIMER:

949strength and all of its members, officers, employees, agents, and representatives are not offering dietetics advice, and are not offering advice intended as dietary means of improving health or providing medical advice.
 

The information contained on the www.949strength.com website and in conjunction with the Services is for general information purposes only.
 

949strength assumes no responsibility for errors or omissions in the contents on the Service.

In no event shall 949strength be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other torts, arising out of or in connection with the use of the Service or the contents of the Service. 949strength reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.

949strength does not warrant that the Service is free from viruses or other harmful components.
 

External links disclaimer

www.949strength.com may contain links to external websites that are not provided or maintained by or in any way affiliated with 949strength. Please note that the 949strength does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

 

Billing

​​This Billing Policy outlines the billing methods for 949strength (hereinafter, “COMPANY”). Please read through the entire Billing Policy. Please note that your purchase or use of COMPANY’s Services and/or Products constitutes your acceptance of the COMPANY’s billing practices (in addition to your acceptance of the End User License Agreement).

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This Billing Policy is subject to change in the COMPANY’s discretion, so COMPANY encourages you to consult the Billing Policy each time you purchase services/products from COMPANY.

 

1. GENERAL POLICY. You acknowledge and accept that continued use or purchase of COMPANY’s services or products constitutes your acceptance of this Billing Policy, which contains the following:

2.  COMPANY does not accept any international checks. All international customers must pay by credit/debit card.

1. Your subscription is NOT based on how much you use (or do not use) the services but instead is based on the availability of products and services.

2. You are responsible for keeping all credit/debit card details and contact information current with the COMPANY. You should periodically check your account profile within the Software to ensure that information is up to date.

3. All of your recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.

4. Any of your invoice and/or payment receipts are available from COMPANY upon request. You may also access your account billing history within the Strength Matters Platform for all receipts.

5. METHODS OF PAYMENT. COMPANY will accept any payments via all major debit/card cards. Payment by any other means, such as a check or wire transfer, requires COMPANY’s explicit written consent, which shall be given in COMPANY’s sole discretion.

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1. BILLING CYCLE.
    

   1. For Credit/Debit Card Billings: COMPANY will automatically charge your authorized credit or debit card listed on file on your specific billing cycle date. If your card on file is declined for any reason, COMPANY will attempt to re-run the charge for the card on file up to four (4) more times within the following nine (9) days. If the COMPANY has run your card four (4) times with no success, your account will be cancelled.

   2. Late Fees: You will be charged a late fee for any accounts that are past due for thirty (30) days or more. COMPANY will attempt to contact you no fewer than three (3) times before assessing a late fee on your account.

   3. Delinquent Accounts: COMPANY will submit any account that is sixty (60) days past due to a third-party collection service.

2. FEES.
    

   1. Late Fees: COMPANY, in its discretion, may assess a late fee of five percent (5%) for any account that is thirty (30) days past due.

   2. Chargebacks: If you initiate a chargeback, COMPANY may, in its discretion, assess a £50 GBP processing fee for each individual chargeback.

   3. Returned Checks: If your check is returned, COMPANY may, in its discretion, assess a £50 GBP processing fee for each returned check.

   4. Collections Fee: In the event that COMPANY shall be required to submit your past due account to a third-party collections service, COMPANY will assess a thirty-dollar £30 GBP processing fee to your existing account balance. This is an additional fee that is independent of any previously assessed fees made on your account.

   5. Interest: Any charges to your account that are not paid when due are subject to interest at a rate equal to or lesser of the following:

      • one and one-half percent (1.5%) per month; or

      • the maximum interest rate allowed by applicable law.
        the maximum interest rate allowed by applicable law.
         

3. BILLING DISPUTES.
    

   1. Grace Period: You agree to provide COMPANY with a thirty (30) day grace period to attempt settlement of any billing disputes between you and COMPANY before disputing the billing with any third-party credit/debit company or bank. In the event that you deviate from the process and proceed with a chargeback, COMPANY may collect on the rendered services and any fees associated with the dispute, regardless of the outcome of the chargeback. COMPANY will submit any such disputed amounts to a third-party collection service.

   2. Suspension of Account: COMPANY may suspend your account upon receipt of any chargebacks until the matter has been resolved to COMPANY’s satisfaction.

 

6. REFUND POLICY.

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1. Subscription Fees For 949strength coaching services and programs are non-refundable. No exceptions.

2. Subscription Fees For Personalised Coaching are non-refundable. No exceptions.

Event/Workshop/Certification Refunds: The events, information, and speakers listed on our Sites are subject to change without notification. You have SIXTY (60) Days prior to the event to request a full refund of your ticket price or seat deposit. Any request after the SIXTY (60) DAY time limit will not be processed. Any unused tickets will be forfeited and are not transferable to another event. TICKET HOLDERS MAY NOT SELL, OFFER FOR SALE, OFFER AT AUCTIONS, RESELL, DONATE, ACT AS COMMERCIAL AGENT FOR ANOTHER PARTY OR OTHERWISE TRANSFER THEIR TICKETS IN ANYWAY WITHOUT THE SPECIFIC PRIOR WRITTEN CONSENT OF STRENGTH MATTERS