Terms and conditions for The BioMechanics Method programs
By using the Site, placing an order through the Site, and/or accessing or utilizing The BioMechanics Method programs or educational 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 or use any product, materials, or service provided by The BioMechanics LLC or its authorized representatives, or otherwise use the Site, or The BioMechanics Method products or educational materials or services.
These Terms and Conditions apply to your access to, and use of, the Site, any order you place through any of The BioMechanics Method websites, course portals, or authorized distributors, any products or materials you are granted access to regardless of whether they are paid or complimentary, and to all products, educational materials and services we supply, produce, distribute, or market.
The Terms and Conditions may be changed in the future and without further notice. We 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, educational materials or services of The BioMechanics LLC, its authorized representatives, or The BioMechanics Method after any such changes constitutes your acceptance of the new Terms and Conditions.
Release of liability
Enrollment, use of, or participation in The BioMechanics Method courses, educational materials or programs is expressly conditioned on acceptance of the ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT contained herein and on our website(s). You may read the full Assumption of Risk, Release of Liability and Indemnity Agreement here or by clicking on the Terms and Conditions link in the site menu navigation bar located at the bottom of each page of our website (www.thebiomechanicsmethod.com). Please read the information contained in the Assumption of Risk, Release of Liability and Indemnity Agreement carefully as your purchase and/or use of The BioMechanics Method courses, educational materials, services and programs conveys your acceptance of and agreement to the information contained therein as well as the Terms and Conditions listed below.
Authorized use – individual users only
Individuals who purchase or receive education products, courses, or services from The BioMechanics LLC, or its authorized representatives or distributors, related to the processes, procedures, information, or protocols contained in The BioMechanics Method are given limited permission to use such information for their own personal use with their own personal clients ONLY provided that they do not delete or change any copyright symbol, trademark or other proprietary notice. They are permitted to utilize the procedures, protocols, exercises, assessment tools and marketing materials as a single trainer or practitioner ONLY.
Individuals who purchase or receive The BioMechanics Method books, courses, materials or services are not permitted to copy, modify, reproduce, distribute, republish, download, perform, display, post, transmit, sell, re-sell, or make into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, presentation, workshop, class, or otherwise, the information contained in those books, courses, materials or services without the prior written permission of The BioMechanics LLC. Use of The BioMechanics Method courses, materials or textbook content in any other way infringes our intellectual property rights and is illegal. Federal law provides severe civil and criminal penalties for the unauthorized distribution, reproduction, or use of copyrighted materials. Individual users are not conveyed any right or license by implication, estoppel, or otherwise to use The BioMechanics Method for any commercial exploitation that involves persons other than the original purchaser or recipient of the material.
Individual instructors, teachers, agencies, universities, schools, companies, organizations and institutions who adopt The BioMechanics Method for Corrective Exercise textbook for use in their classroom(s) may be provided access to The BioMechanics Method ancillary materials and associated ancillary online platform. Use of these ancillary materials and the accompanying online education platform is strictly for use by these specific instructors, teachers, agencies, universities, schools, companies, organizations and institutions who have adopted the textbook, and who have also been given written authorization from The BioMechanics LLC or its authorized representatives to access and use these ancillary materials.
Groups, agencies, schools, universities, companies, institutions or organizations who wish to purchase multiple copies of The BioMechanics Method courses or products, or wish to train more than one individual in the processes, assessment protocols, exercises or methods contained in The BioMechanics Method courses or products, must contact The BioMechanics LLC, or its authorized representatives, to arrange permission to license the materials or purchase courses or products for each individual that uses, consumes and/or has access to the courses, products, services or materials.
Distance learning course enrollment and access information
The purchase price of The BioMechanics Method Corrective Exercise Specialist (TBMM-CES) course or TBMM-CES Bridging course includes all online materials, unlimited free test retakes (if needed), a downloadable certificate, credential verification, inclusion on the TBMM Specialist register, and access to the course itself. Individuals who are enrolled in any version of The BioMechanics Method Corrective Exercise Specialist (TBMM-CES) course or TBMM-CES Bridging course are encouraged, but not required, to complete the course within 12 months of their enrollment date regardless of whether the course(s) was purchased directly through The BioMechanics Method, thebiomechanicsmethod website, or an authorized distributor of The BioMechanics Method course(s).
The purchase price of The BioMechanics Method online course(s), other than The BioMechanics Method Corrective Exercise Specialist (TBMM-CES) course or TBMM-CES Bridging course, includes all online materials, unlimited free test retakes (if needed), a downloadable certificate, and access to the course(s) itself. Individuals who are enrolled in The BioMechanics Method online course(s) other than The BioMechanics Method Corrective Exercise Specialist (TBMM-CES) course or TBMM-CES Bridging course are encouraged, but not required, to complete the course(s) within 12 months of their enrollment date regardless of whether the course(s) was purchased directly through The BioMechanics Method, thebiomechanicsmethod website, or an authorized distributor of The BioMechanics Method course(s).
The BioMechanics Method online course(s) include unlimited online access. However, if a course(s) is discontinued, no longer offered for sale or and/or no longer supported, then access to the course(s) will expire and no refund will be given. Notification for expiring courses will be made six months prior to expiration to allow for course completion. Access periods and fees are subject to change without notice.
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 or its authorized representatives 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 this Site or any of The BioMechanics Method education 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, or its authorized representatives, 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 Web site 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.
Assistance for customers
If you have any questions about the terms and conditions, your course purchase, or to inquire about licensing options for The BioMechanics Method content please don’t hesitate to contact us. Call (619) 295-7773 or send an email to email@example.com.
What we collect
We may collect any or all of the information that you voluntarily provide during a transaction, such as your name, company name, address, telephone number, fax number, website address, and/or email address. This information will only be used to respond to an inquiry, fulfill your order or request, and for internal marketing purposes. It will not be used for any other purposes. We do not sell ANY personal information regarding our customers. For users that register an account in the store on this website, we store the personal information they provide in their user profile. All users on this website can see, edit, or delete their personal webstore account information at any time (except they cannot change their username). Website administrators can also see and edit that information. This information is stored for a minimum of ten years.
How your information is used
We do not disclose any personal information obtained about you from this website to third parties with the exception of government agencies or companies assisting us with instances or suspicion of fraud or data breach. In such cases, we may provide information: (1) when required or permitted to do so by law, (2) when trying to protect against unauthorized transactions or to prevent actual or potential fraud or data breach, and (3) when assisting in situations where fraud or data breach has taken place. We may also use your information for the purposes of sending periodic communication or information regarding The BioMechanics LLC and The BioMechanics Method products or services. If you do receive an email or newsletter from us, you will always be given the opportunity to opt out of any future emails or communications. If you have an account on this site, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Embedded content from external sites
Commitment to your security
Changes to this policy
All purchases of The BioMechanics Method courses and products are subject to the following refund and exchange policies.
Distance learning course refund policy
There are no refunds for The BioMechanics Method online courses/programs. All sales are final. Individuals who purchase or enroll in The BioMechanics Method courses and subsequently decide not to proceed with the course(s) do so with the awareness that they will not be eligible to return the course materials for a refund, even if they have not accessed or viewed it. While a course may be purchased on behalf of another individual, online courses are not transferrable once they have been accessed.
If you have purchased The BioMechanics Method course(s) from one of our authorized distributors, please refer to their return and refund policies as your purchase is subject entirely to the resellers’ terms and conditions.
Tangible product exchange policy
Your satisfaction is our number one priority. All tangible products sold by The BioMechanics Method are guaranteed to reach you in excellent condition. In the unlikely event that you receive a product that is damaged or defective, and you purchased your item(s) directly from The BioMechanics Method or through thebiomechanicsmethod.com website, you may request a replacement of the same item at no additional cost. All requests for replacements must be made within 15 days from the date of the original purchase date and you may be responsible for shipping the damaged item back prior to a replacement being sent. No exchanges can be made for any reason more than 15 calendar days after your original date of purchase. There are no refunds for tangible products. All sales are final.
If you have purchased The BioMechanics Method apparel or tangible products from one of our authorized distributors, please refer to their return, exchange, and refund policies as your purchase is subject to the resellers’ terms and conditions.
Orders placed through this site, or via a customer service representative of The BioMechanics Method that include tangible products with a US shipping address, are sent via USPS Priority Mail and should arrive approximately 4-5 business days from date of shipping. Orders with a shipping address outside of the US are shipped via USPS International Priority Mail and typically arrive within 14-18 business days from date of shipping.
Important information for international customers
It is possible that orders shipped to customers in countries outside the United States may be subject to customs charges or other taxes and fees that can be charged by authorities in the destination country. Any customs charges or other taxes and fees charged by the destination country are the sole responsibility of the customer. We are unable to advise about charges that may occur as they vary from country to country.
Additionally, international shipping timeframes are approximate only and are not guaranteed. In some instances, parcels to international destinations may be severely delayed. Your patience regarding international shipments is appreciated.
Assumption of risk, release of liability and indemnity agreement
Please read this carefully – acceptance is required for participation in all courses
I hereby agree to enroll and participate in the educational course offered by The BioMechanics LLC, called The BioMechanics Method (referred to as the “Program”), and that my participation is voluntary and for my own commercial benefit.
In consideration for my right to participate in this Program, I agree as follows:
I hereby agree and acknowledge that the Program is being offered to me solely by virtue of my status as a professional that provides or intends to provide health, exercise and/or fitness related services to individuals and/or groups. I hereby represent that I currently work for, intend to work for, or own and/or operate a proprietary business which offers health, exercise and/or fitness related services to individuals and/or groups. I hereby further represent that I am not a “consumer” as the term “consumer” is defined in Article 2, Section 1 (a), of the Hague Convention on Choice of Court Agreements (Concluded June 30, 2005).
Assumption of risk
The Program contains information relating to human anatomy, musculoskeletal deviations, assessment procedures, and instruction in the performance of exercises to alleviate muscle and joint pain. As such, participation in the Program 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 risks is not exhaustive and only represents a small sample of the type of injuries I or participants in the Program 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. By checking the Terms and Conditions checkbox on this website, reading this statement, or purchasing or receiving The BioMechanics Method course materials from approved vendors or providers, I acknowledge that I have been made aware of and have been provided access to this Assumption of Risk, Release of Liability and Indemnity Agreement, and The BioMechanics Method Terms and Conditions. I assume all liabilities, risks, conditions, injuries or damages, to any person, including me, that might incur or aggravate arising out of the Program, whether such liabilities, injuries, conditions, or damages are known or unknown, foreseeable or unforeseeable, or in any way connected with participation in, or use of the Program. 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 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. I further acknowledge that I will not provide any instruction to any third party related to the Program 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 involves risk of injury to persons and property, and the Releasing Parties hereby release from any liability The BioMechanics LLC, and its owners, shareholders, directors, officers, parents, subsidiaries, employees, members, managers, independent contractors, instructors, agents, and all individuals assisting with the Program (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, either as a student or instructor, 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 course, product, service, and program offered by the Released Parties I engage in now, and in the future, without requiring me to acknowledge receipt of an additional Assumption of Risk and Release of Liability form.
I further agree and acknowledge that I, in using the Program, either as a student or providing instruction or services to any third party arising out of the Program, will use my own independent judgment in the care and treatment of my own customers/clients/students. As such, I hereby waive any and all claims of active or passive negligence or breach of professional standards I may have now, or in the future, against the Released Parties and hereby forever release and discharge the Released Parties from any such claims by a Releasing Party.
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, my care, treatment, or other provision of services, to my customers/clients/students or use of the Program 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, 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 this Program 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 customer/client/student that I may advise or work with. I further understand that the information and materials contained in the Program 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 it is 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. It is further expressly agreed by the parties that this Choice of Law provision falls under the purview of Chapter II, Article 5 of the Hague Convention on Choice of Court Agreements (concluded on June 30, 2005).
Compliance with laws
I acknowledge that I shall, at my own cost and expense, comply in full with all applicable federal, state, and local statues, laws, ordinances, rules regulations, orders, licenses, permits or fees applicable to my use of the Program.
Acknowledgement 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.