T&C's Purchases
Terms and Conditions for the PURCHASE OF YOUR REFORMER PRODUCTS
- THESE PURCHASE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE PURCHASE TERMS CAREFULLY.
THESE PURCHASE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE OR THROUGH ANY OTHER MANIFESTATION OF YOUR ASSENT TO THESE PURCHASE TERMS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE PURCHASE TERMS, AND YOU ACCEPT AND ARE BOUND BY THESE PURCHASE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE PURCHASE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE PURCHASE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH YR Operations, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS BY APPLICABLE LAW.
These Terms and Conditions for the Purchase of Your Reformer Products (these “Purchase Terms”) apply to the purchase and sale of products through yourreformer.com (the “Site”). These Purchase Terms are subject to change by YR Operations, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Purchase Terms will be in effect as of the “Last Updated Date” referenced on the Site.
These Purchase Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 13).
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Purchase Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. We may choose not to accept orders at our sole discretion.
- Cancellations. After payment, absolutely no cancellations can be made to the order without our consent. The price paid for all cancelled orders is non-refundable.
- Use of the Products. Notwithstanding anything to the contrary in these Purchase Terms, you shall not: (a) use the products in an any manner that is outside the purpose, scope or manner of use authorized by these Purchase Terms, or in any manner contrary to our instructions or applicable law; or (b) alter, obscure, or remove any safety notices placed on the products purchased under these Purchase Terms.
- Prices and Payment Terms.
(a) You agree to purchase the products from us at the price set forth on your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. You are responsible for all taxes and charges will be added to your order confirmation email.
Prices posted on this Site may be different from prices offered by us at our brick-and-mortar store locations or on our website for other countries. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed as set out in your order confirmation email. Price increases will only apply to orders placed after such changes.
(c) We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Purchase Terms. If there is a conflict between the terms for a promotion and these Purchase Terms, the promotion terms will govern.
(d) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept VISA, Mastercard, and ShopPay for all purchases. We may offer a Buy Now Pay Later option , in our discretion. You represent and warrant that (i) the credit card and other payment information you supply to us or our designees is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices in your order confirmation email, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
(e) If you fail to pay any sum due pursuant in accordance with these Purchase Terms, you will pay interest on all late payments at the lesser of the rate of 2% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall reimburse us for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Purchase Terms or at law (which we do not waive by the exercise of any rights hereunder), we shall be entitled to suspend the delivery of any products if you fail to pay any amounts when due hereunder.
- Shipments; Delivery; Title and Risk of Loss.
(a) We will use commercially reasonable efforts to arrange for shipment of the products to you to our facility in origin or such other facility as we may later designate (the “Delivery Point”). Please check the individual product page for specific delivery options. You will be responsible for and pay all shipping and handling charges. Freight shall be Ex Works INCOTERMS 2020 (“EXW”), our facility in origin or such other facility as we may later designate. You are responsible for all loading costs and the provision of equipment and labor that is reasonably suited for receipt of the products at the Delivery Point. You are solely responsible for all unloading, installation, setup, and maintenance of products.
(b) If we agree in writing, we may assist you with the initial coordination of the delivery of the products to the delivery address identified by you in your order using our designated installation and delivery team (“Valet Service”). We have the right to accept or deny a request for Valet Service in our discretion. As part of our Valet Services, we will assist with the unloading, installation, and setup, of the products. You consent to our access, and our designated representatives’ and employees’ access, to the premises at the Delivery Point for installation of the product. While we strive to take reasonable care of the products during the Valet Services, we are not liable for any delays, loss, or damage that occurs during delivery and installation of the products pursuant to the Valet Services or otherwise. We make no representation or warranty hereunder as to the delivery or installation of the products and you assume all risk with regard thereto.
(c) It is your responsibility to ensure that the Delivery Point can be accessed safely and the products, once delivered, will be secure. You represent the Delivery Point and surrounding areas are and will remain safe and free and clear of debris, snow, ice, hazards and dangers and is fit and suitable for the transportation and installation of the equipment. You are responsible for and shall indemnify against any claim arising out of or resulting from the bodily injury, death of any person, or damage to real or tangible, personal property resulting from your willful, fraudulent, or negligent acts or omissions during installation at the Delivery Point.
(d) The products will be delivered within a reasonable time after the receipt of your order, subject to availability. Shipping and delivery dates are estimates only and cannot be guaranteed. All shipments are subject to delay. We are not liable for any delays, loss, or damage in transit. In the event the delivery is delayed for more than one hundred and twenty (120) days, you may terminate the order and we shall, without further liability, refund the price paid to in respect of any undelivered products. Such refund will be your sole remedy.
(e) Title in and to the products will not pass to you until we have received all sums due to it in respect of the products. As collateral security for the payment of the purchase price of the products, you hereby grant us a lien on and security interest in and to all of the right, title, and interest in, to, and under the products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Ohio Uniform Commercial Code. We reserve the right (without obligation or liability) to repossess such products or require you to return such products to our designated location at your sole cost and expense, if you fail to pay all amounts when due. We retain all rights and remedies of a secured party under the Uniform Commercial Code. A copy of our invoice may be filed with the applicable authority at any time as a financing statement or otherwise in order to perfect our security interest. Upon request, you will execute any financing statement or other instruments necessary or appropriate for us to perfect our security interest.
(f) The quantity of any installment of products as recorded by us on dispatch from our place of business is conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
(g) We may, in our sole discretion, without liability or penalty, make partial shipments of products. Each shipment will constitute a separate sale, and you shall pay for the units shipped whether such shipment is in whole or partial fulfillment of your order.
(h) If for any reason you fail to accept delivery of any of the products on the date fixed pursuant to our notice that the products have been delivered at the Delivery Point, or if we are unable to deliver the products at the Delivery Point on such date because you have not provided appropriate instructions, documents, licenses or authorizations, or because the Delivery Point is inaccessible, unsafe, or unsecure: (1) (i) the products shall be deemed to have been delivered; and (ii) we, at our option, may store the products until you pick them up, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage, and insurance); or (2) the parties may work together to mutually determine a new delivery date and Delivery Point; in each case, in our sole discretion.
(i) Any liability for non-delivery of the products other than as set forth in Section 6(h) shall be limited to replacing the products within a reasonable time or adjusting the invoice respecting such products to reflect the actual quantity delivered; provided, we shall not be liable for any non-delivery of products (even if caused by our negligence) unless you give us written notice of the non-delivery within ten (10) days of the date when the products would in the ordinary course of events have been received.
- Returns and Exchanges.
(a) Except for any products designated on the Site or your order confirmation email as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within thirty (30) days of delivery with valid proof of purchase and provided such products are returned in their original condition. All tags must remain attached to any accessory product in order to qualify for a return. To return products, you must email hello@yourreformer.com. All returns must be made in the original packaging.
(b) You are responsible for all shipping and handling charges on returned products unless otherwise specified.
(c) Returns will be charged an additional return shipping fee of two hundred and fifty dollars ($250) or more for either The Studio, The Original Folding, or The Original.
(d) You bear the risk of loss during shipment. We are not responsible for failures or delays in delivery or pick-up due to weather, incorrect address provided, or circumstances outside our control.
(e) Our return policy does not cover ordinary wear and tear or damage caused by improper use or accidents subject to the terms of our limited warranty (see Section 9).
(f) Except for any products designated on the Site or otherwise on your order confirmation email as final sale or non-returnable, we will exchange accessory products which were purchased at the incorrect size within thirty (30) days of purchase. Returned accessories must be new, unwashed, unworn and with the tags attached. The original shipping fee is non-refundable. To exchange products, you must email hello@yourreformer.com. All returns must be made in the original packaging. We will not issue the replacement product unless and until we receive the original product.
(g)The following products may not be returned or exchanged if they (1) have been worn or used; (2) have been purchased marked down/sale item; (3) are/were a gift with purchase:
- Apparel;
- Socks;
- Pilates Ring;
- Drink Bottles;
- Mats; or
- Towels.
This exclusion list may be modified at our discretion.
(h) For defective returns, please refer to the manufacturer's warranty (see Section 9) included with the product or as detailed in the product’s description on our Site.
- Refunds.Refunds may be made available in our sole discretion, as set forth in Section 9.
(a) Refunds are generally processed within approximately seven (7) business days of our receipt of your product. Your refund will be credited back to the same payment method used to make the original purchase on the Site. Please note that it may take up to fourteen (14) days from our receipt of your returned product to process the refund. We are not liable and cannot take responsibility for any bank charges that you may incur during the refund process.
(b) Because of the size and weight of our products, we do not offer a refund for any shipping or delivery charges that you may have paid to receive your products.
(c) If your product is returned in damaged condition, with missing parts, or otherwise has signs of abuse, we reserve the right to refuse a refund or to charge additional restocking fees, at our sole discretion. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE OR YOUR ORDER CONFIRMATION EMAIL AS NON-RETURNABLE.
- Limited Warranty.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND ALSO DISCLAIMS OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND MAY HAVE OTHERWISE EXISTED. THIS LIMITED WARRANTY MAY ALSO BE FOUND AT YOURREFORMER.COM AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL MATERIALLY CONFORM TO OUR PUBLISHED SPECIFICATIONS IN EFFECT AS OF THE DATE OF SHIPMENT AND WILL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP.
EXCEPT FOR THE WARRANTY EXPRESSLY SET FORTH IN SECTION 9, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION VALET SERVICES, AND EXPRESSLY DISCLAIM ANY IMPLIED OR OTHER WARRANTY INCLUDING WITHOUT LIMITATION: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, SOLELY TO THE EXTENT SUCH LIMITATION IS LIMITED BY APPLICABLE LAW. PROVIDED HOWEVER, SOLELY WITH RESPECT TO COMMERCIAL PRODUCTS EXPRESSLY DESIGNATED AS COMMERCIAL PRODUCTS ON YOUR ORDER CONFIRMATION EMAIL, WE MAY MAKE AVAILABLE AN ADDITIONAL OR DIFFERENT COMMERCIAL PRODUCTS WARRANTY WITH RESPECT TO SUCH COMMERCIAL PRODUCTS, TO THE EXTENT SUCH COMMERCIAL PRODUCTS WARRANTY IS EXPRESSLY SET FORTH IN OR LINKED TO IN YOUR COMMERCIAL PRODUCTS ORDER CONFIRMATION EMAIL.
OUR RESPONSIBILITY AND LIABILITY FOR DEFECTIVE PRODUCTS IS LIMITED SOLELY TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS LIMITED WARRANTY DURING THE APPLICABLE WARRANTY PERIOD. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, the products offered on our Site. Third-Party Products are not covered by the warranty in Section 9. For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(a). Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
Specifically, the following components are cover by the Limited Warranty:
- ii) Aluminum carriage rails, aluminum frame, wood carriage rails, wood frame, gear bar and foot bar: two year Limited Warranty Period
- Your Reformer warrants the aluminum carriage rails, aluminum frame, wood carriage rails, gear bar and foot bar against defects in workmanship and materials for the Limited Warranty Period of two years from the date of original delivery.
iii) Springs, straps and ropes: one year Limited Warranty Period
- Your Reformer warrants the springs, straps, and ropes against defects in workmanship and materials for the Limited Warranty Period of one year from the date of original delivery.
- iv) Upholstery: four months Limited Warranty Period
- Your Reformer warrants the upholstery, against defects in workmanship and materials for the Limited Warranty Period of four months from the date of original delivery.
- v) All other Product components and accessories: one year Limited Warranty Period
- Your Reformer warrants that all other components of a Product are free from defects in workmanship and materials for the Limited Warranty Period of one year from the date of original delivery.
Repair Kits
- Repair kits will be provided to the purchaser upon each order. Spare parts will be provided when required under warranty otherwise these are for sale.
(c) What Does This Warranty Not Cover?
Any use other than Home Use (meaning non-commercial, in-home, indoor use only of the Product voids the Limited Warranty). Certain other exclusions apply, as further described below.
This limited warranty does not cover any damages due to:
- transportation;
- storage;
- improper use;
- failure to follow the product instructions as to storage, installation, commissioning, use or maintenance;
- modifications;
- combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us;
- unauthorized alteration or repair;
- normal wear and tear; or
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d) What Is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one year (the “Warranty Period”) with the exception of Reformer Upholstery which has a limited warranty period of 4 months, and Reformer parts that include aluminum carriage rails, aluminum frame, wood frame, gear bar and footbar which have a limited Warranty Period of two years. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the pro rata portion of the purchase price of such products, less the value received. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must email our Customer Service Department at hello@yourreformer.com during the Warranty Period.
We are not be liable for a breach of the warranty unless: (i) you give written notice of the defect, reasonably described, to us within five (5) days of the time when you discover or ought to have discovered the defect; (ii) we are given a reasonable opportunity after receiving the notice to examine such products and you (if we request) return such products to us at our cost for the examination to take place there; and (iii) we reasonably verifies you claim that the products are defective.
(g) Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY WITH RESPECT TO THE PRODUCTS OR THE USE THEREOF OR OTHERWISE PURSUANT TO THE PURCHASE TERMS WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT PRODUCTS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. YOU ARE SOLELY RESPONSIBLE FOR ALL RISK ASSOCIATED WITH OR ARISING FROM THE PRODUCTS AND THE USE THEREOF, INCLUDING WITHOUT LIMITATION ALL LOSS, DAMAGE, INJURY, AND DEATH TO INDIVIDUALS AND PROPERTY, HOWSOEVER CAUSED, AND YOU WILL PROMPTLY INDEMNIFY INDEMNIFIED PARTY FROM AND AGAINST ALL CLAIMS, LOSSES, AND EXPENSES ARISING FROM OR RELATING TO THE PRODUCTS AND THE USE THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The products are designed solely for educational and entertainment purposes only. You should not and should instruct any individual to rely on information provided or otherwise made available as part of or with the products or otherwise by us as a substitute or replacement for professional medical advice, diagnosis, or treatment. The use of any information with or otherwise through the products or by us is solely at your sole risk, and you and each individual should not disregard, avoid, or delay in obtaining medical or health related advice from a healthcare professional because of any information provided with, on or through the products or otherwise by us. Nothing stated in the products or otherwise made available by us is intended to be, nor may be taken to be, the practice of medical or counseling care (including without limitation, psychiatry, psychology, psychotherapy, or health care treatment, instructions, diagnosis, prognosis or advice). The products are continually under development, and we make no warranty of any kind, implied or express, as to the accuracy, completeness or appropriateness thereof for any purpose.
(h) Safety Disclaimer.
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by an instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using the products or any other equipment provided or otherwise made available or demonstrated by us or in or through our materials or services. Your Reformer is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election. Nothing contained in products or otherwise provided or made available with the products or on or through our services should be construed as any form of such medical advice or diagnosis.
By using the products or our services you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities or otherwise utilizing or assisting others with the utilization of the products, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have or are otherwise applicable. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive all rights and release any claim that you may have at any time for injury of any kind against Indemnified Party.
When utilizing or assisting others with the utilization of products always ensure you always:
- Check that each individual has sufficient space to practice
- Check there are no trip/slip hazards
- Check there are no objects you may fall on or come in contact with
- Check there are no sharp objects or hot surfaces nearby.
- Ensure you have sufficient lighting
- Ensure your camera/screen and other electrical appliances, including cables, are on a level surface and not in your training space causing a trip hazard.
- Ensure the room has sufficient ventilation.
- Ensure you have water to keep hydrated.
- Remember to seek medical advice before training if you have any existing injuries or other medical conditions.
- Remember that children are not permitted to be in the area when products are utilized.
- Ensure all individuals in the area are aware of the training and avoid entering the space.
- The Original and The Studio can support users up to 264 pounds and 350 pounds respectively.
The minimum age requirement is eighteen (18) years old. The products are not directed to persons under eighteen (18) years of age and may not be utilized by persons under eighteen (18) years of age.
(i) What Can You Do in Case of a Dispute with Us?
The informal dispute resolution procedure detailed in Section 17 is available to you if you believe that we have not performed our obligations under this limited warranty or these Purchase Terms.
- Indemnification. Subject to the terms and conditions of these Purchase Terms, you shall indemnify, defend and hold harmless us and our officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under these Purchase Terms and the cost of pursuing any insurance providers, incurred by Indemnified Party/awarded against Indemnified Party (collectively, “Losses”), arising out or resulting from any third-party claim alleging: (a) your, your contractors’, or your agents’ negligent or more culpable act or omission (including any recklessness or willful misconduct); (b) any bodily injury, death of any person or damage to real or tangible personal property caused by your, your contractors’, or your agents’ acts or omissions; or (c) your, your contractors’ or your agents’ failure, to materially comply with any applicable laws or in any manner contrary to our operational instructions.
- Intellectual Property. We retain all ownership, license and other rights to all trademarks, copyrights, designs, logos, and other intellectual property rights related to the products, and, except for the right to use the products sold for the purpose provided in accordance with all instructions and applicable law, you obtain no rights to use any such intellectual property, including, but not limited to (i) trademarks and (ii) works of authorship, expressions, designs, and design registrations, whether or not copyrightable, including copyrights and copyrightable works, and other specifications and documentation, and all rights, interests, and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection pursuant to the laws of any jurisdiction throughout in any part of the world (collectively, the “Intellectual Property Rights”). You shall not acquire any intellectual property interest or goodwill from the use of the products under these Purchase Terms. You shall have the right to use our Intellectual Property Rights in accordance with these Purchase Terms and our instructions solely as necessary to make use of the products purchased under these Purchase Terms for their intended purpose.
- Products Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own business or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US, and you will not export, re-export, or transship any product.
- Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://yourreformer.com/policies/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Purchase Terms, for any failure or delay in our performance under these Purchase Terms when and such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Termination.In addition to any remedies that may be provided under these Purchase Terms, we may terminate your order with immediate effect upon written notice to you, if you: (i) fail to pay any amount when due; (ii) have not otherwise performed or complied with any of these Purchase Terms, in whole or in part; or (iii) become insolvent, file a petition for bankruptcy or commence or have commenced against proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors, or if the cost of materials or component products incorporated into the products or shipping, packaging, or other freight or operational costs materially increase prior to shipment.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Purchase Terms are governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, is expressly excluded.
- Dispute Resolution and Binding Arbitration.
(a) YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Purchase Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 18 is null and void. No assignment or delegation relieves you of any of your obligations under these Purchase Terms. We may assign these Purchase Terms in whole or in part, in our sole discretion.
- No Waivers. The failure by us to enforce any right or provision of these Purchase Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.
- No Third-Party Beneficiaries. These Purchase Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices.
(a) To You. We may provide any notice to you under these Purchase Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site; Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Purchase Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to 2400 E Cerritos Avenue, Anaheim, CA. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Purchase Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Purchase Terms and will not affect the validity or enforceability of the remaining provisions of these Purchase Terms.
- Entire Agreement. Our order confirmation provided to you by email, these Purchase Terms and our Website Terms of Use will be deemed the final and integrated agreement between you and us on the matters contained in these Purchase Terms. Notwithstanding anything to the contrary, the parties expressly agree that no browse-wrap, click-wrap or other terms and conditions provided with any other documents or materials provided or otherwise made available by you will constitute a part of or amendment to these Purchase Terms or are or will be binding us.