Terms and Conditions
By using the Site, placing an order through the Site, and/or utilizing The BioMechanics LLC programs or materials you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through or otherwise use the Site, or The BioMechanics LLC products or materials.
The Terms and Conditions may be changed in the future without further notice. We therefore recommend that each time you access our website(s) you read these terms and conditions. Your continued use of the Site and/or other products or services of The BioMechanics LLC after any such changes constitutes your acceptance of the new Terms and Conditions.
These Terms and Conditions apply to your access to, and use of, the Site, any order you place through any of The BioMechanics LLC websites, and to all products and services we supply, produce, distribute, or market.
RELEASE OF LIABILITY
Purchase and/or use of The BioMechanics LLC products or programs is expressly conditioned on acceptance of the ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT outlined below. Please read the information contained in the Assumption of Risk, Release of Liability and Indemnity Agreement carefully as your purchase of The BioMechanics LLC products and programs conveys your acceptance of and agreement to the information contained therein as well as the Terms and Conditions listed.
Assumption of Risk
The product advertised on this website contains information relating to human anatomy, musculoskeletal deviations, assessment procedures, and instruction in the performance of exercises to alleviate chronic pain. As such, use of this product carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one person to another, but may include: 1) minor injuries such as scratches, bruises, muscle pain, muscle tears, numbing and tingling sensations, headaches, and sprains, to 2) major injuries such as displaced or broken ribs, joint or back injuries, severe pain, sciatica, nerve damage, ligament damage, heart attacks, concussions, loss of physical sensation, and loss of consciousness, to 3) catastrophic injuries including stroke, paralysis or death. I understand and agree that this list of risk is not exhaustive and only represents a small sample of the type of injuries I or users the product may encounter.
I have read the previous paragraph and I know, understand, and appreciate these and all other risks that may be inherent in the program outlined in this product. By purchasing this product from The BioMechanics LLC (or from approved vendors), I assume all liabilities, risks, conditions, injuries or damages, to any person, including me, might incur or aggravate arising out of the program outlined in this product, whether such liabilities, injuries, conditions, injuries, or damages are known or unknown, foreseeable or unforeseeable, or in any way connected with participation in, or use of the program outlined in this product. I accept personal responsibility for any liability, injury, condition, loss, or damage in any way connected with my participation in, or use of the program outlined in this product without regard to the cause.
I represent that I have no disability, impairment, or ailment preventing me from engaging in active or passive exercise that will be detrimental or injurious to my health, safety, comfort or physical condition if I use the program outlined in this product. I further acknowledge that I will not provide any instruction to any third party related to the program outlined in this product unless such party is physically and medically able to receive such instruction without injury.
Release of Liability and Waiver
I on my own behalf, and behalf of all my minor children, and my and their personal representatives, assigns, successors, heirs, insurers, next of kin, and all others acting by or through me (collectively referred to as the “Releasing Parties”), acknowledge and agree that the use of the program outlined in this product involves risk of injury to persons and property, and the Releasing Parties hereby release from any liability The BioMechanics LLC, and its and their owners, shareholders, directors, officers, parents, subsidiaries, employees, members, managers, independent contractors, instructors, agents, and all individuals assisting with the program outlined in this product (the “Released Parties”), harmless from all liability, injury, or death caused by or resulting from, or in any way connected with my participation in the program outlined in this product or as a result of my engaging in, receiving, or providing instruction related to assessment and exercise activities or any activities incidental thereto, wherever, whenever, or however the same may occur. The Releasing Parties hereby voluntarily waive any and all claims against the Released Parties resulting from their active or passive negligence or otherwise, both present and future, that may be made by any of the Releasing Parties. This agreement will apply for each and every product offered by The BioMechanics LLC I purchase now, and in the future, without requiring me to sign an additional Assumption of Risk and Release of Liability form for subsequent purchases.
Indemnification and Hold Harmless
I hereby agree to defend, indemnify, and hold harmless the Released Parties for any liability, loss, cost, expense, injury, death, or damage whatsoever, caused by reason of any injury sustained by any person or to property, by reason of, relating to, or arising out of, use of the program outlined in this product in any way, without regard to whether it is caused by or, alleged to have been caused by, the active or passive negligence of the Released Parties.
I further agree to defend and indemnify The Released Parties against any and all claims, actions, suits, procedures, proceedings, costs, expenses, damages, and liabilities, including any that arise out of claims or lawsuits against me or any third party, for personal injury, death, consequential damage, or property damage, relating to my involvement or use of any information, assessment or program design procedure, or exercises contained in the program outlined in this product, and to reimburse them for any such expenses, including but not limited to reasonable attorneys’ fees and costs, incurred.
I understand that the information, instruction and techniques discussed in program outlined in this product are general in nature and are not meant to be, and should not be taken as, medical advice or specific instructions as to the care or treatment of any particular issue or condition. I further understand that the information and materials contained in the program outlined in this product are in no way intended to be a substitute for medical council or advice and that none of the Released Parties are licensed medical practitioners in any jurisdiction.
I expressly agree that the foregoing Assumption of Risk, Release of Liability and Indemnity Agreement is intended to be as broad and inclusive as its permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Choice of Court
This Agreement is entered into in California. It is expressly agreed by the parties that this Agreement shall be governed by, interpreted, construed and enforced in accordance with the domestic laws of the State of California, in the United States of America, without reference to principles of conflicts of law.
Acknowledgment of Understanding
I have read this Assumption of Risk, Release of Liability and Indemnity Agreement, fully understand its terms, understand that I have given up substantial rights by agreeing to it, including my right to sue, and have agreed to it freely and voluntarily without any inducement, assurance, or guarantee being made to me and intend my acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law and that I have the actual authority to do so.
CHANGES TO THE SITE
The BioMechanics LLC may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that The BioMechanics LLC shall not be liable as a result of any changes or amendments.
LINKS TO OTHER SITES
Any links to third party web sites found on our website(s) are provided solely as a convenience to site users. Use of third party web sites is subject to the privacy policies and terms and conditions of use for those sites. The BioMechanics LLC is not responsible for the content or accuracy of any linked third party sites, nor do they make any representations regarding the content or accuracy of any content or materials on third party web sites. Access or use of linked third party web sites is at the users’ own discretion and risk.
OTHER IMPORTANT INFORMATION
These Terms and Conditions may be amended or updated from time to time by us without notice to you. In such an event, any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the website at the time an order is accepted will apply to the order.
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any exception to the terms outlined herein must be agreed in writing by all parties.Questions?