Participation Agreement

TRAINER AND CLIENT

Paul McIlroy Online Training Client Participation, Release of Claims, Assumption of Risk Agreements. Please review carefully.

Important Note

Paul McIlroy Online Training is an online personal training service which may involve a number of components, including, but not limited to, gym based training, cardio based training, and a specific nutrition course. Payment arrangements are carried out between you and Paul McIlroy directly.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE TAKING PART IN ONLINE TRAINING WITH PAUL MCILROY.

By using Paul McIlroy’s online training 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 Participation Agreement, as amended from time-to-time. If you are not willing to be bound by and comply with this Participation Agreement, you should not take part in Online Training with Paul McIlroy. This agreement ensures that the role of the trainer to client and client to trainer is clearly appreciated and understood. This Participation Agreement must be agreed to by the client prior to beginning training sessions with Paul McIlroy. Paul McIlroy may modify these Terms at any time, in his sole discretion.

Paul McIlroy reserves 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 in online training with Paul McIlroy.

Paul McIlroy agrees to implement online training and tailor same for you that reflects your objectives, fitness level, and experience.

 

To keep this programme/training running smoothly, we would like to outline the following client responsibilities (your responsibilities):

 

You the Client are required to disclose all relevant medical conditions, injuries, and health concerns prior to commencing services. Failure to provide accurate and complete information may result in disruption to, or the suspension or termination of services, and Paul McIlroy shall not be held liable for any issues arising from undisclosed conditions.

The Monthly Fee entitles the client to one month of online training, which may include either exercise, diet, or both, and prescription.

The Client agrees to make all payments on the same calendar date each month. Timely payment is essential, and you the Client, acknowledge your responsibility to ensure that no payment is delayed. In the event of a late payment, the Paul McIlroy reserves the right to suspend all services until the outstanding amount has been fully settled.

Provide Paul with any requested training videos or other information relevant to your training.

If you, the client are late in sending through requested training videos for analysis, you must accept that this will lead to disruption to the service provided, and you accept that you are fully responsible for any disruption caused.

Paul McIlroy will maintain an open line of communication throughout each month of online training.

Cancellation and Refund Policy

CONFIDENTIALITY

You acknowledge that during the client – trainer relationship with Paul McIlroy you may become familiar with confidential information and material to include commercial and technical secrets and know-how and/or the confidential information of the trainer, Paul McIlroy.

    1. You consequently agree that during the period of undergoing online training and thereafter, you will not disclose to others or make use of directly or indirectly, any confidential information of Paul McIlroy. 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 Paul McIlroy and are 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 Paul McIlroy immediately upon discovery of any unauthorised use or disclosure of confidential material and shall assist Paul McIlroy in regaining of such material and mitigating the loss to him.
    2. 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 training programs, specifications, quotations, formulae, computer records, client lists, price schedules, customer lists, customers, all such information encompassed in training online with Paul McIlroy and any programs carried out by Paul McIlroy 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 training online with Paul McIlroy and all matters pertaining to this training service.
    3. Any breach by you on foot of this agreement will result in immediate legal action to include Paul McIlroy seeking damages. You, on notification of a breach will have 14 days to remedy same to the satisfaction of Paul McIlroy. 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, voice message instruction, drawings, photographs, computer programs, notes or memoranda relating to Online Training with Paul McIlroy which are provided to you or which come into the your possession while you are undertaking Online Training with Paul McIlroy, shall be deemed the property of Paul McIlroy and shall be surrendered to the him on demand.

RELEASE OF ALL CLAIMS:

In consideration of Paul McIlroy providing materials and online training instruction to me and permitting me to participate in online training with him I hereby agree to the following:

You hereby confirm that your participation in the online strength and conditioning training instruction provided by Paul McIlroy is voluntary. You agree to fully participate in the training, and will fully disclose any pre-existing conditions or injuries that may limit, prohibit or hinder your participation in advance of online training with Paul McIlroy.

You hereby covenant not to bring any action legal, equitable, or otherwise, or to make any claim of any nature whatsoever against Paul McIlroy, his directors, his officers, trustees, employees, and agents, representatives and any other persons involved with Paul McIlroy’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 Online Training with Paul McIlroy activities necessarily or incidentally associated therewith.

You hereby release and further discharge Paul McIlroy, his directors, his trustees, officers, employees, and agents, 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 activities of Online Training with Paul McIlroy.

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 ONLINE TRAINING 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 Online Training provided by Paul McIlroy involves strenuous physical activity. Health professionals recommend that all participants complete a physical exam with a doctor 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 Online Training with Paul McIlroy activities prior to participation in those activities.

Participation in Online Training with Paul McIlroy involves inherent risk. Possible injuries include, but are not limited to, contusions, muscle strains, sprains and tears, 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 Paul McIlroy, his directors, officers, trustees, instructors, coaches, employee’s, volunteers, and representatives 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 activities of Online Training with Paul McIlroy (and associated future programmes).

If you are injured during your voluntary participation in the strength and conditioning activities of Online Training with Paul McIlroy (and associated future programmes), if asked, Paul McIlroy may offer advice, or may ask that others provide such assistance. By taking such action, you agree to recognise that Paul McIlroy, his directors, officers, trustees, instructors, coaches, employee’s, volunteers, representatives, and 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 your voluntary participation in Online Training with Paul McIlroy (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 online training activities.

Participation in any Online Training with Paul McIlroy 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 Online Training with Paul McIlroy activities.

You agree that any travel conducted in conjunction with Online Training with Paul McIlroy is voluntary and discretionary. PAUL MCILROY DOES NOT ASSUME ANY LIABILITY FOR SUCH VOLUNTARY TRAVEL.