Last Revised December 28, 2020
TERMS OF SERVICE
Eligibility: You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
ACTIVITY AND ASSOCIATED RISKS: I, the undersigned, have voluntarily chosen to participate in a DYNAMIC PURSUIT Strength/Fitness Program and/or Nutrition Program (“the Program”), which is provided by DYNAMIC PURSUIT, LLC, (formerly BARBELLS AND BOWS, LLC) and I understand and acknowledge that:
- The Program is a physical activity. The Activities include, but are not limited to, workout plans of the following types: specific warm ups, targeted skill work and special exercises, strength training, metabolic conditioning workouts, aerobic capacity training, accessory work, regular benchmarks and testing, and regenerative workouts; notwithstanding the foregoing, these Activities may include carrying, lifting, squatting, lungeing, pressing, and generally using heavy weights without in-person professional supervision. In summation, the Activities are hazardous and present physical and mental challenges to participants. I may be exposed to dangers and inherent risks (that cannot be eliminated regardless of the care taken to avoid injuries) including but not limited to overexertion, minor injuries such as scrapes, bruises, sprains and strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, and contusions, more serious injuries such as property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions and other head injuries, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain, and catastrophic injuries and conditions such as permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death.
- that I am in good health and physically fit to enter into a training program which involves the use of weights, dumbbells, barbells and other strength training and cardio equipment;
- The program, any component of the program, or any correspondence with Dynamic Pursuit is NOT MEDICAL ADVICE NOR IS IT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or your fitness to participate in a physical activity.
By participating in the Program, I agree to the terms below:
ASSUMPTION OF THE RISKS: I understand the inherent risks participating in the activities and assert that I am willingly and voluntarily participating in the activities. I have read the preceding paragraphs and I hereby acknowledge and assert that I knowingly assume all of the inherent risks of the activities and accept and take responsibility for any and all damages, liabilities, losses, expenses, illness, injury, emotional trauma, or death that I may incur as a result of participating in the activities. I understand that any equipment used is at my own risk.
RELEASE OF LIABILITY: I hereby release, discharge and hold harmless DYNAMIC PURSUIT and its affiliated companies, subsidiaries, owners, its employees, guides, agents, officers, contractors, subcontractors, members, associates, and insurance carriers (“Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me during the Program or in any way related to the Program whether caused by negligence or otherwise. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Program or are related in any way to the Program. I hereby release Released Parties from any and all liabilities arising from my participation in the Activities to the maximum extent of the law. I agree further that this Release and the obligations herein shall be legally binding upon me personally, my heirs, successors, assigns and legal representatives. It is my true and complete intention to fully assume all the risks associated with the Activities and to release the Released Parties from any and all liabilities to the maximum extent permitted by law.
INTERNATIONAL USERS: Our websites are controlled, operated, and administered by Dynamic Pursuit from its offices within the United States of America. Dynamic Pursuit makes no representation or warranty that the materials contained within our Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Services are illegal is prohibited. You may not use the websites or export the content or products in violation of U.S. export laws and regulations. If you access our websites from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may remove any service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall DYNAMIC PURSUIT, its affiliated companies, subsidiaries, owners, its employees, guides, agents, officers, contractors, subcontractors, members, associates, directors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION: I agree to indemnify, defend and hold harmless Dynamic Pursuit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the instructions as provided by DYNAMIC PURSUIT regarding the performance of and execution of the Program. Furthermore, I agree that the Program provided is for my personal use and shall not be shared with anyone.
SEVERABILITY: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and shall be construed in accordance with the laws of the state of Georgia, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Program shall be brought only in Georgia and I agree to the jurisdiction and venues of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
GOVERNING LAW: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Georgia.
To cancel your recurring membership, login and manage your account in your dashboard. All DYNAMIC TRAINING payments are final (no refunds available), and your billing pays for the following month, quarter, or year in advance (in correspondence with your recurring subscription type and term). There are no minimum terms for DYNAMIC TRAINING, and you can cancel your subscription at any time.
As long as you cancel before your next billing date, you will not be charged again. If you do not cancel your subscription before your next billing date, you will be charged for the following term. Purchase of any membership, registration of any subscription, or any other program access or download acknowledges understanding of and agreement to these payment and cancellation terms, and waives any right to refund on payments made.
We have a 2-month minimum duration for our 1-on-1 Nutrition Coaching offering. By committing to a minimum 2-month term, we can ensure that you have enough time to really drive progress and dial in on the best individual strategy and approach to reach your personal goals. After your 2-month term has been met (and your second monthly recurring billing has been processed), your subscription transitions to a month-to-month basis, and may be cancelled at any time before your next billing date. As all months are pre-paid, you will continue to have access after submitting your cancellation until your first missed or cancelled recurring subscription date.
Active Dynamic Nutrition and Dynamic Training clients have optional access to each respective private Facebook group. Please note that this is an optional resource. You are not required to have Facebook in order to participate in the program. To join the Dynamic Pursuit Facebook groups, your Facebook name must match the account name used at the time of sign up. This is necessary so that we can actively manage and moderate the group. We reserve the right to remove Facebook group members in the event of non-active subscriptions or any violation of our Facebook group rules.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT. I HAVE NOT BEEN INDUCED TO AGREE TO THIS RELEASE.
BY DOWNLOADING OR ACCESSING ONLINE ANY DYNAMIC TRAINING, DYNAMIC NUTRITION PROGRAM, AND/OR E-BOOKS, I AGREE TO THE ABOVE TERMS.