“THE BENCH MASTER PROGRAM by Paul McIlroy”
The Bench Master Program by Paul McIlroy Participation, Release of Claims, Assumption of Risk Agreements. Please review carefully.
Important Note
The Bench Master Program by Paul McIlroy is the property of McIlroy Strength Strategies Limited. McIlroy Strength Strategies LTD (“McIlroy” or “we”, “us”, “our”) delivers an online health and fitness Program through our website (the “Site”) to individuals who purchase The Bench Master Program by Paul McIlroy (the “Clients” or “You”). These Terms of Use (as amended or modified from time-to-time, the “Terms of Use”) govern your use of our Product, Services and the Site. A full copy of our Terms of Use, as amended, are available upon request, contact support@amazing12.com.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE TAKING PART IN THE AMAZING 12 PROGRAM.
By clicking the “I accept” button or by using our Product, Site or Services, you acknowledge that you are 18 years of age or older (or of legal age in your jurisdiction required to form a binding contract if that age is over 18) and that you have read, understand and agree to be bound by this User Agreement, as amended from time-to-time, and our Privacy Policy. If you are not willing to be bound by and comply with this Participation Agreement, you should not take part in The Bench Master Program by paul McIlroy.
We reserve the right to change this Agreement at any time without notice to you and the updated version of this Agreement will apply. If you do not agree with the terms of this Agreement, please do not participate on this Course.
If there is a problem with a trainer’s customer service, the client should contact Admin Team at support@amazing12.com
CONFIDENTIALITY:
You acknowledge that upon accessing The Bench Master Program by Paul McIlroy you may become familiar with Course confidential information and material to include commercial and technical secrets and know-how and/or the confidential information of the Course Creator, Paul McIlroy and McIlroy Strength Strategies Limited (the “Company & Course Creator”).
- You consequently agree that during the period of undergoing the Course, you will not disclose to others or make use of directly or indirectly, any confidential information of the Company & Course Creator or confidential information of a client of the Company & Course Creator or of others who have disclosed it to the Company & Course Creator under conditions of confidentiality, unless for a purpose authorised by the Company. If there is any doubt about whether any disclosure or use is for an authorised purpose, you are to obtain a ruling in writing from the Company & Course Creator and is to abide by it. You shall take reasonable security precautions to keep confidential all information deemed confidential and shall not make unauthorised copies. You further undertake to notify the Company & Course Creator immediately upon discovery of any unauthorised use or disclosure of confidential material and shall assist the Company & Course Creator in regaining of such material and mitigating the loss to the Company & Course Creator.
- For the purpose of this clause, confidential information will be deemed to extend to all confidential technical and commercial information, including, but not limited to the contents of reports, specifications, quotations, formulae, computer records, client lists, price schedules, customer lists, customers, all such information encompassed in the ONLINE COURSE “THE BENCH MASTER PROGRAM by Paul McIlroy” program and any programs carried out by the Company & Course Creator and the like. For the avoidance of doubt confidential information also includes, but is not limited to the following: recorded results, before and after pictures, client testimony, programming secrets, programme design, diet and all confidential information that the Client is exposed to in relation to any fitness programme, including the Course and all matters pertaining to the Course.
- Any breach by you on foot of this agreement will result in immediate legal action to include the Company & Course Creator seeking damages. You, on notification of a breach will have 14 days to remedy same to the satisfaction of the Company & Course Creator. Should you fail to do so, you will be met with a claim for compensation and all legal costs associated with same.
OWNERSHIP OF WORK:
You agree and understand that any documents or records or creations including but not limited to written instructions, drawings, photographs, computer programs, notes or memoranda relating to the business of the Company and the Course Creator (Mcilroy Strength Strategies), which are provided to you or which come into the your possession while you are undertaking the Course, shall be deemed the property of the Company & Course Creator and shall be surrendered to the Company & Course Creator on demand.
RELEASE OF ALL CLAIMS
In consideration of my purchasing of The Bench Master Program by Paul McIlroy, from McIlroy Strength Strategies Limited (referred to as the Course Provider), providing materials and instruction to me and permitting me to participate on the Course I hereby agree to the following:
You hereby confirm that your participation in the strength and conditioning (including use of facilities) provided by the Course is voluntary. You agree to fully participate in the training at your own risk.
You hereby covenant not to bring any action legal, equitable, or otherwise, or to make any claim of any nature whatsoever against the Course Provider, its directors, its officers, trustees, employees, and agents, representatives and any other persons involved with the Course Provider’s activities, either directly or indirectly, for any personal injury or injuries, including death or property damage which you or others might sustain in engaging in the Course activities necessarily or incidentally associated therewith.
You hereby release and further discharge the Course Provider, its directors, its trustees, officers, employees, and agents, the trainer and any other persons, either directly or indirectly, of any responsibility or liability of any nature to you for any personal injuries, death or property damage which you may suffer or incur either directly or indirectly as a result of your participation in the Course activities.
YOU AGREE TO MAKE THESE COVENANTS, RELEASES AND WAIVERS KNOWINGLY AND VOLUNTARILY WITH FULL KNOWLEDGE OF ANY EXISTING DANGERS IN TRAINING, PRACTICING, PLAYING, TRAVELING, AND ENGAGING IN ANY OTHER COURSE ACTIVITIES; WHICH DANGERS YOU HEREBY FURTHER EXPRESSLY VOLUNTARILY ASSUME.
You further make these covenants, releases, and waivers to bind yourself, your executors, heirs, administrators and assigns to the fullest extent.
You agree to this Release with the intent to be legally bound hereby for yourself and on behalf of your heirs, administrators, executors and assigns.
ASSUMPTION OF RISK
The Course provided by the Course Provider involves strenuous physical activity. Health professionals recommend that all participants complete a physical exam or have a doctor’s approval prior to beginning any exercise programme and strongly urge all participants to have a graded exercise test prior to beginning any exercise programme.
You agree that you have read and understand the importance of securing a physician’s approval of your participation in the Course activities prior to participation in those activities.
Participation in the Course involves inherent risk. Possible injuries include, but are not limited to, contusions, muscle strains and sprains, broken bones, lacerations, cardiac malfunction, head, neck, and back injury, paralysis and death. You agree that you understand that you should assess your physical condition and the possibility of injury.
You agree to hold the Instructor, McIlroy Strength Strategies Limited, its directors, officers, trustees, instructors, coaches, employee’s, volunteers, representatives, agents and the buildings owners and their agents harmless and indemnify them against all actions or claims with respect to any injuries, death, or other damages or losses, resulting from your voluntary participation in the strength and conditioning (including use of facilities) of the Course (and associated future programmes).
If you are injured during your voluntary participation in the strength (including use of facilities) of the Course (and associated future programmes), instructors, coaches, employee’s, volunteers, representatives at hand, if asked, may render medical assistance to me, or may ask that others provide such assistance. By taking such action, you agree to recognise that the Trainer, McIlroy Strength Strategies Limited, its directors, officers, trustees, instructors, coaches, employee’s, volunteers, representatives, agents and the buildings owners and their agents are not admitting any medical liability for the injury or treatment of the injury concerned. You agree to fully accept that it is your personal and financial responsibility, if you are injured during you’re voluntary participation in the Course (and associated future programmes) to seek appropriate and/or professional medical care.
You accept that you are fully responsible for any and all medical expenses that you might incur as a result of your participation in any of the Course activities.
Participation in any Course activity is contingent on valid medical insurance coverage. You certify that you have adequate medical insurance coverage that will cover any and all medical expenses resulting from your participation in any of the Course activities.
Trademarks and Trade Names
All trademarks, service marks, trade names, logos and graphics (“Marks”) used in our Product, Services, or on the Site are registered or common law trademarks of McIlroy. McIlroy is and at all times will be the sole owner of (a) all trademarks, trade names, trade dress, logos, other indicia of origin, designs, inventions, patents, original works of authorship and other copyright-protected materials, trade secrets, methods and processes, concepts, ideas, know-how, and other intellectual property of The Amazing 12 Certification Program, including all existing and future Intellectual Property Rights of the Client Dashboard and Workout Generator including its Documentation, all development assets, including all source files: HTML/ CSS, database, Photoshop, Fireworks, Illustrator and all other associated material.
General Prohibitions and Acceptable Usage
McIlroy does not guarantee any level of success or income generated by or in connection with The Bench Master Program.
McIlroy requires that you obtain valid professional liability insurance to cover your participation in The Bench Master Program by Paul McIlroy and that you include “McIlroy Strength Strategies Limited and its affiliates and subsidiaries” as an additional insured. McIlroy Strength Strategies does not and cannot offer or provide you with that insurance.
To foster a positive and welcoming community for our Product and on the Site, McIlroy has established the following rules of use. You agree you will not:
Permit any other person to access the Product or the Site using your account for any purpose;
Attempt to access another person’s account, including, without limitation, attempts to use another person’s credentials to create an account for our Product or the Site, unless you are acting solely on behalf on another person pursuant to a written agency agreement detailing this permission;
Post, upload, publish, submit or transmit any Content about our Product or the Site that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Post, upload, publish, submit, transmit, or communicate, in any manner or forum, content directly to and/or about McIlroy employees that: (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm; (iii) is violent or threatening or promotes violence or actions that are threatening or perceived to be threatening.
Act in an illegal, non-professional, detrimental, disruptive, and inappropriate manner at any time. You must not act in any lewd, sexist, racist, discriminatory, off-colour, illegal, or other inappropriate or offensive manner, or in any manner that diminishes the value of the McIlroy Strength Strategies Intellectual Property or associated goodwill, or the McIlroy Strength Strategies Materials generally.
Use, display, mirror or frame the Product, or any individual element within the Product, McIlroy’s name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page on our Site or in the Product, without McIlroy’s express written consent;
Access, tamper with, or use non-public areas of the Product and the Site, McIlroy’s computer systems, or the technical delivery systems of McIlroy’s providers;
Attempt to probe, scan, or test the vulnerability of any McIlroy system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by McIlroy or any of McIlroy’s providers or any other third party (including another Client) to protect the Services, Site, or Content;
Interfere with, or attempt to interfere with, the access of any Client, host or network, including, without limitation, intentionally posting or transmitting to or through the Product or the Site any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature;
Attempt to access or search the Product, Site or Content or download Content from the Product or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by McIlroy or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through our Product;
Use the Product, Site or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Product, Site, or Content to send altered, deceptive or false source-identifying information;
Use any meta tags or other hidden text or metadata utilizing a McIlroy trademark, logo URL or product name without McIlroy’s express written consent;
Collect or store any personally identifiable information from the Product or the Site from other Clients without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Sell any online version of The Bench Press Master Program by Paul McIlroy or conduct online instruction of The Bench Master Program;
You may not alter the form or appearance of any of the Logos, trademarks, or Advertising Materials, regardless of where or how you use them, including without limitation, the size, color, and font.
Make any claim or statement that The Amazing 12 Program, The Bench Master Program or any McIlroy products cure, treat, diagnose, mitigate, or prevent any conditions or diseases or achieve any guaranteed results.
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
The sender of any communication in or through our Product or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although McIlroy reserves the rights to monitor, record, edit or remove any content within our Product or the Site, McIlroy has no obligation or responsibility to do so. In addition, McIlroy shall not be liable or responsible to any Client, Coach or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.
No Professional or Medical Advice; No Doctor-Patient Relationship
OUR PRESENTERS ARE NOT HEALTHCARE PROFESSIONALS. OUR PRODUCT AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). McIlroy provides the services for informational purposes only. Based on information that you request and/or provide to us, McIlroy provides you: (i) access to Amazing 12 specific exercise education and information; (ii) nutritional and other advice from our presenters. While McIlroy believes that the information provided through our Product and the Site is current and reliable, McIlroy cannot and does not make any such guarantee or warranty.
YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR / THEIR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU / THEY ARE AT RISK FROM PROBLEMS ARISING FROM CHANGES IN YOUR / THEIR DIET, PHYSICAL TRAINING PRACTICES, OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet, physical training practices, or lifestyle suggested by our Product unsafe or inappropriate.
Furthermore, McIlroy shall have no obligation or responsibility to monitor your health status or health condition (or that of your clients), or to contact or alert any medical or emergency professional. McIlroy shall not be liable to you for your reliance on any information obtained through the use of the Product or this Site, and McIlroy disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by McIlroy’s gross negligence or wilful misconduct.
Dispute Resolution and Governing Law
Mcilroy currently operates from Northern Ireland. This Agreement shall be governed and interpreted in accordance with the laws of Northern Ireland (without regard to the choice of law or conflicts of law principles). In the event of a dispute arising out of or in any way relating to these Terms of Use or The Amazing 12 Certification Program, jurisdiction and venue shall be proper in the Royal Courts of Justice, Belfast, Northern Ireland and only in those courts. You agree to irrevocably waive any objections or defenses based on lack of personal jurisdiction, improper venue, or forum non conveniens. To the extent allowed by law, you agree to waive your right(s) to a jury trial in any action arising out of or in connection with these Terms of Use and The Amazing 12 Certification Program. You further agree that any claims, disputes, or actions of any kind shall be resolved individually and without resort to any form of class action.The language of any proceedings arising from these Terms of Use shall be in English.
If you choose to access and use our Product, and the Site from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing in these Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by these Terms of Use. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of these Terms of Use.
Regardless of any statute or law to the contrary, any claim or cause of action against McIlroy arising out of or related to your use of the Product must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have a dispute with one or more of our other Clients, you release McIlroy from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Internet Service Provider Charges and Other Charges
You are responsible for all mobile, cable or other internet service provider charges incurred by you for connecting to the Product or the Site, and McIlroy assumes no responsibility or liability for any such charges, including, but not limited to, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Product or the Site. Any dispute or problem regarding telephone or internet provider services are strictly between you and your service provider.
Our Communication with You
Subject to providing your express consent evidence by checking the box and option during the registration process for our Product or on our Site, you consent to receive (via email or through the Product or Site) communications from us regarding the use of the Product and the Site, and authorize us to send you other communications, newsletters or offers regarding third-party products and services. If you do not opt-in to receive the communications described in this section, the remainder of the Terms of Use will continue to apply to you and your use of the Product and the Site.
Contact Us
If you have any questions about these Terms of Service, our Services, our Product, or our Site please contact McIlroy at support@amazing12.com, or mail us at:
McIlroy Strength Strategies Limited
1-3 Arthur Street, Belfast, County Antrim,
BT1 4GA,
Northern Ireland, UK