T&C's Rental
Terms & Conditions for the Rental of Your Reformer Products
- THESE RENTAL 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 RENTAL TERMS CAREFULLY.
THESE RENTAL TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR RENTAL PRODUCTS FROM THIS WEBSITE OR THROUGH ANY OTHER MANIFESTATION OF YOUR ASSENT TO THESE RENTAL TERMS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO, AND YOU ACCEPT AND ARE BOUND BY THESE RENTAL 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 RENTAL TERMS.
YOU MAY NOT ORDER OR OBTAIN RENTAL PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE RENTAL 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 RENTAL, 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 Rental of Your Reformer Products (these “Rental Terms”) apply to the rental of products through yourreformer.com (the “Site”) in the applicable geographic regions. These Rental Terms are subject to change by YR RENTAL, 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 Rental Terms will be in effect as of the “Last Updated Date” referenced on the Site.
These Rental 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 20).
By renting the products under these Rental Terms, you will receive access to the Your Reformer Application (“App”). The App Subscription Agreement, governs your access and use of the App.
- Order Acceptance and Cancellation. You agree that in order to rent the products from us, you must submit an application form (“Application Form”) and pay the fees due, as set forth in these Rental Terms. For the avoidance of doubt, the Application Form is subject to these Rental Terms. You agree that your Application Form is an offer to rent, under these Rental Terms, all products listed in your Application Form. All Application Forms must be accepted by us, or we will not be obligated to send the products to you. Acceptance of your Application Form and the formation of the contract between us and you will not take place unless and until you have received your order confirmation email and paid the initial fees due, as set forth hereunder. We may choose not to accept your Application Form in our sole discretion, even after we send you a confirmation email with your order number and details of the products you have ordered. We only offer our rental services to certain geographic areas. You understand and agree that we may reject or cancel your order if you are not in an applicable geographic region.
- Prices and Payment Terms.
(a) You agree to rent the products from us at the price set forth on the application form , or as otherwise indicated on the confirmation email we send to you.
(b) Prices posted on the Site do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your Application Form and your order confirmation email.
(c) Prices posted on this Site may be different from prices offered by us 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.
(d) You acknowledge and agree that, in order to form a contract between you and us to rent the products hereunder, a refundable deposit of three hundred dollars ($300) is required to be paid by you and held by us until completion of the Term Period (“Deposit”). Upon expiration or termination of the Term Period, we shall pick up the product from your premises in accordance with these Rental Terms, inspect the product at our facilities, and, within seven (7) days of such inspection, refund you the Deposit, but only if our inspection shows that the product is in at least as good of condition as when delivered to you (ordinary wear and tear excepted).
(e) All applicable fees for shipping and handling are due upon check-out.
(f) All applicable fees for collection of the products upon expiration or termination of the Term Period (“Collection Fee”) are due upon check-out.
(g) The total price of the rental product must be paid for through weekly installments, as set forth in your in your Application Form and your order confirmation email. The billing cycle for the weekly installments starts on the week you receive your rental product.
(h) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a rental product will be the price in effect at the time the Application Form is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.
(i) 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 Rental Terms. If there is a conflict between the terms for a promotion and these Rental Terms, the promotion terms will govern.
(j) 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. Payment processing is handled through Shopify Payments. You represent and warrant that (i) the credit card and other payment information you use 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.
(k) If you fail to pay any sum due pursuant in accordance with these Rental Terms, you will pay $9.50 for each failed payment. You shall reimburse us for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.
(l) In addition to all other remedies available under these Rental Terms or at law (which we do not waive by the exercise of any rights hereunder), if you fail to pay any sum due pursuant in accordance with these Rental Terms, we shall have the right to (a) enter your premises, with or without legal process, and take possession of the product and remove it and any records pertaining thereto and/or remain on such premises and use it for the purpose of collecting, preparing and disposing of the product; and (b) ship, reclaim, recover, store, finish, maintain and repair the product.
(m) Your obligation to pay all prices and other amounts under these Rental Terms is absolute and unconditional and is not subject to any abatement, counterclaim, defense, deferment, interruption, recoupment, reduction, or setoff for any reason whatsoever.
- Shipments; Delivery; Title and Risk of Loss.
(a) We will use commercially reasonable efforts to arrange for shipment and reasonable installation assistance with respect to the products to the address specified in the Application Form (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. All shipments are subject to delay. Shipping and delivery dates are estimates only and cannot be guaranteed. 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 of the price paid to in respect of any undelivered products. Such refund will be your sole remedy.
(e) 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.
(f) 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.
(g) 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 4(g) 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.
- Acceptance. You must inspect the products upon receipt (“Inspection Period”), and either accept or reject such products. You may only reject such products if: (a) they do not conform to the published specifications on our Site, or on visual inspection, you reasonably determine they do not conform to the warranties set forth in these Rental Terms (“Nonconforming Products”). You will be deemed to have accepted the products unless you notify us in writing of any Nonconforming Products during the Inspection Period and furnish such written evidence and other documentation as required by us. We will determine, in our sole discretion, whether the products are Nonconforming Products. If we determine that the products are Nonconforming Products, we will: (a) replace such Nonconforming Products with conforming products, or (ii) refund the price for such Nonconforming Products, together with all shipping and handling expenses incurred by you in connection therewith. You acknowledge and agree that the remedies set forth in this Section 5 are your exclusive remedies for Nonconforming Products.
- Returns.
(a) We will use reasonable efforts to, on or within a reasonable time period from the Expiration Date or the earlier termination of the Term Period, coordinate the pick-up and return of the rented products from the Delivery Point.
(b) You bear the risk of loss during return 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.
(c) You must ensure each product is in at least as good of condition as when delivered to you, ordinary wear and tear excepted. We will not, and will have no obligation to, refund the Deposit to you in the event a product in condition less than as when delivered to you. Additionally, any repairs to such products necessary on return to restore them to a condition, and any replacement of product parts required on return by their unfitness for use or damage beyond repair, shall be your sole expense.
(d) If by the Expiration Date or the earlier termination of the Term, you prevent, obstruct, prohibit, or delay us from collecting the rental products in accordance with the terms and conditions of these Rental Terms, you shall continue to comply with all the terms and conditions of these Rental Terms with respect to such product, including without limitation the obligation to pay 125% of the prorated weekly rent for each day from the Expiration Date or the earlier termination of these Rental Terms for such product until the date on which we pick up the product in the manner required under these Rental Terms (“Holdover Rent”). Nothing contained in this Section shall (a) constitute a waiver of your failure to perform any obligation under these Rental Terms; or (b) give you the right to retain possession of any product after the Expiration Date or the earlier termination of these Rental Terms for such product.
- Term Period.
(a) These Rental Terms shall remain in full force and effect until terminated with respect to all rented products as set forth in these Rental Terms. The rental term with respect to any product shall commence on the Commencement Date set forth in the Application Form and, unless sooner terminated under these Rental Terms, shall expire on the later of the Expiration Date set forth in the Application Form or the date all products are returned to and accepted by us in the condition required as set forth herein (the “Term Period”).
(b) The minimum Term Period must be twelve (12) weeks (the “Initial Term”).
(c) You may cancel these Rental Terms and your corresponding order at any point after the Initial Term by providing us at least fourteen (14) business days written notice. In the event you cancel, you must provide such written notice and provide access as requested by us and reasonable assistance with respect to the return of the product in accordance with the return procedure set forth herein. The price paid for all cancelled orders is non-refundable. All fees for such product will remain due and payable until pick-up.
- Security Interest.The parties intend that we shall retain and have title to the products at all times. You acquire no ownership, title, property, right, equity, or interest in the products other than its interest solely as renter of the products subject to all the terms and conditions of these Rental Terms. The parties intend and agree that, if these Rental Terms are recharacterized under applicable law as a secured financing or a lease intended for security, these Rental Terms shall be deemed a security agreement and these Rental Terms shall be deemed to grant us by you a lien on and first priority security interest in the products and all proceeds thereof, to secure the payment of your obligations under these Rental Terms. The parties each agree to execute, acknowledge, deliver, file, and record, or cause to be executed, acknowledged, delivered, filed, and recorded such further documents (including without limitation UCC financing statements), and to do all such things and acts, necessary to ensure that such security interest would be a perfected first priority security interest under applicable law.
- Refunds.
(a) Product refunds may be made available only as set forth in Section 10. Refunds are 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. 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.
(b) If your product is lost, damaged, stolen, or otherwise not returned, or is returned in damaged condition, with missing parts, or otherwise has signs of abuse, we reserve the right to refuse a refund of the Deposit or offset amounts from the Deposit or to charge additional fees including without limitation restoration and restocking fees, at our sole discretion. WE OFFER NO REFUNDS ON ANY PRODUCTS RENTED PURSUANT TO THESE RENTAL TERMS.
- 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 RENTED 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 10, 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 rental 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.
(c) What Does This Warranty Not Cover?
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 up to one year, not to exceed the Term Period (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service or if the Term Period is extended. 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 rental price paid for such defective 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 call +1 888 775 8884 or 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 OUR LIABILITY WITH RESPECT TO THE PRODUCTS OR THE USE THEROF OR OTHERWISE PURSUANT TO THE RENTAL TERMS WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE RENTED 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 YR Original Bed and Studio Beds 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 24 is available to you if you believe that we have not performed our obligations under this limited warranty or these Rental Terms.
- Use of the Products. Notwithstanding anything to the contrary in these Rental Terms, you shall:
(a) Not use the products in an any manner that is outside the purpose, scope or manner of use authorized by these Rental Terms, or in any manner contrary to our instructions or in violation of applicable law.
(b) Display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by users of the products.
(c) Not place any markings on the product, except as authorize by us or required by law.
(d) Not alter, obscure, or remove any safety notices placed on the products rented under these Rental Terms.
(e) Keep the product indoors and at the Delivery Point at all times during the Term Period.
(f) Not operate or permit the operation of any product in an unsafe or improper manner.
- Your Responsibilities.You agree that you shall comply with the obligations set forth in this Section 12.
(a) You must comply with all applicable law.
(b) You must keep the products free and clear of all liens.
(c) You shall not enter into any sublease of any product without our prior written consent, which consent may be withheld in our sole discretion. No permitted sublease shall relieve you of your obligations under these.
(d) On our request, you shall cooperate with and assist us in obtaining access to your premises so that our employees and agents may inspect the products.
(e) The product shall remain at all times personal property and not a fixture under applicable law and shall not be or become affixed or attached to real property or any improvements.
- Maintenance.You agree that you shall comply with the obligations set forth in this Section 13.
(a) You must, at your sole expense and consistent with standard industry practice for similar products and applicable insurance requirements, maintain, service, and repair each product and keep each product in compliance with all of our specifications and applicable law, in serviceable and operable condition, free of broken, damaged, or missing parts, suitable for the commercial use originally intended, ordinary wear and tear excepted. All maintenance, service, and repair of any product and any part thereof shall be done to standards and with parts of like kind and at least equal quality to items being maintained, serviced, or repaired.
(b) If during the Term Period hereof any part of any product is lost, stolen, damaged beyond repair, or otherwise permanently rendered unfit for use, you, at your sole expense, shall promptly replace or cause to be replaced such part with one or more replacement parts. You shall cause such product after the replacement to be in as good an operating condition as, and have a value, remaining useful life, and utility at least equal to the value, remaining useful life, and utility of the product before the replacement (assuming such product to have been in the condition required by these Rental Terms).
(c) You must acquire our prior written consent to incorporate or install any part in or attaches any part to a product, including without limitation any replacement or additions. Immediately on any part becoming incorporated or installed in or attached to the product, without further act or any cost to us, such part is deemed part of the product to the same extent as though originally incorporated or installed in or attached to the product, title to such part vests in us, and such part becomes subject to these Rental Terms.
(d) You will not and will ensure the products are not attached to any property. If the products are attached to property or land or otherwise become or are construed to be a fixture, you will promptly remove the products in accordance with these Rental Terms.
(e) You will not remove the products from the Delivery Point, in whole or in part, without our prior written consent and solely in accordance with the terms of such consent, which may be withheld in our sole discretion.
(f) If you fail to maintain the products or otherwise breach the Rental Terms, we may, but are not obligated to, enter the premises and repair or cause to be repaired the products at your sole cost and expense.
(g) If the products break or become unsafe to use you must immediately notify us in writing and immediately stop using the products and take all necessary steps to prevent injuries to any individuals and property as a result of the condition of the products and otherwise, and you shall not repair or attempt to repair the products without firs receiving written notice from us in accordance with the Rental Terms. If the equipment breaks or becomes unsafe to use do to your actions or inactions, including without limitation failure to perform required maintenance or your employees or contractors, you will be solely liable and responsible for all costs and expenses to repair the products and losses arising from such damage and broken or unsafe products.
- Loss.
(a) From the Commencement Date through the expiration or earlier termination of the Term Period hereunder, you shall bear all risk of loss, damage, destruction, theft, taking, confiscation, or requisition, partial or complete, of or to such product or its use, however caused or occasioned (“Loss”). You must notify us in writing within ten (10) days of learning of any such Loss.
(b) If we determine that a Loss has materially impaired the product affected or its use, you must pay, on our demand (“Loss Payment Date”), all prices and other amounts due prior to the Loss Payment Date with respect to such product plus any costs incurred by us to recover the products (“Loss Payment”). These Rental Terms shall terminate with respect to any materially impaired product on receipt by us of the (i) corresponding Loss Payment and (ii) your return to us of the products in accordance with these Rental Terms.
(c) If we determine that a Loss has not materially impaired the product affected or its use, these Rental Terms shall continue with respect to such product as though no Loss had occurred; and you shall at your sole expense promptly repair or cause to be repaired such product to the condition in which such product is required to be maintained hereunder, to our satisfaction. For the avoidance of doubt, there shall be no abatement of rent or rent credit for any period in which a product is in a shop or otherwise out of operation in connection with any maintenance, repairs, or mandatory modifications under this Section.
- Insurance.From the Commencement Date through the expiration or earlier termination of the Term Period, you, at your sole expense, shall provide and maintain for commercial general liability insurance and product insurance against loss, theft, and damage (“Insurance”), including, without limitation, the waiver of any subrogation rights against us. You must name us (or shall cause us to be named) as loss payee for the Insurance.
- Default. Each of the following events is an “Event of Default” under these terms: (a) you fail to pay any price or any other amount under these Rental Terms when due; (b) you default in the observance or performance of any other term, covenant, or condition of these Rental Terms; (c) you (i) become insolvent, (ii) generally unable to pay, or fails to pay, debts as they become due, (iii) file, or have filed against you, a petition for voluntary or involuntary bankruptcy, (iv) make or seek to make a general assignment for the benefit of your creditors, or (v) apply for, or consent to, the appointment of a trustee, receiver, or custodian for a substantial part of your property or business; or (d) you sell, transfer, or dispose of all or substantially all of your assets or the property of its business, or merges or consolidates with any other entity. If an Event of Default occurs, we may, in our sole discretion, exercise one or more of the following remedies: (a) declare these Rental Terms in default; (b) terminate these Rental Terms in whole or in part; (c) take possession of, or render unusable, any product wherever it may be located, without demand or notice, without any court order or other process of law, and without liability to you for any damages occasioned by such action; (d) require you to deliver any product in the condition required under these Rental Terms to a location designated by us and, for each day that us fails to return any product, we may demand an amount equal to the price for such product, prorated on the basis of a thirty-day month, in effect immediately prior to such Event of Default; (e) proceed by court action to enforce performance by you of these Rental Terms and/or to recover all damages and expenses incurred by us by reason of any Event of Default; (f) sell any or all of the products at public or private sale, with or without notice to you or advertisement, or otherwise dispose of, hold, use, operate, lease to others, or keep idle such products, and without any duty to account to you for such action or inaction or for any proceeds with respect thereto, and apply the net proceeds thereof (after deducting all expenses, including legal fees and costs, incurred in connection therewith) to the amounts owed to you under these Rental Terms, provided, however, that you shall remain liable to us for any deficiency that remains after any sale or lease of such products; and (g) exercise any other right or remedy available to us at law, in equity, by statute, in any other agreement between the parties, or otherwise.
- Indemnification. Subject to the terms and conditions of these Rental 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 Rental 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 rented for the purpose provided in accordance with all instructions and applicable, 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 Rental Terms. You shall have the right to use our Intellectual Property Rights in accordance with these Rental Terms and our instructions solely as necessary to make use of the products purchased under these Rental Terms for their intended purpose.
- Products Not for Resale or Export. You represent and warrant that you are renting 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, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
- App Subscription.By renting the products under these Rental Terms, you will receive access to our App. The App Subscription Agreement, governs your access and use of the App.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Rental Terms, for any failure or delay in our performance under these Rental Terms when 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 Rental Terms, we may terminate your order and these Rental Terms, in whole or in part, 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 Rental 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. We may terminate your order and these Rental Terms, in whole or in part, for any reason or no reason upon ten days written notice to you.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Rental 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 24. (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 Rental Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 25 is null and void. No assignment or delegation relieves you of any of your obligations under these Rental Terms. We may assign these Rental Terms in whole or in part, in our sole discretion.
- No Waivers. The failure by us to enforce any right or provision of these Rental 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 Rental 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 Rental 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 Rental Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to YR US MANAGEMENT, LLC, 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 Rental Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Rental Terms and will not affect the validity or enforceability of the remaining provisions of these Rental Terms.
- Entire Agreement. The Application Form, our order confirmation, these Rental Terms, our Website Terms of Use, the App Subscription Agreement, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Rental 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 Rental Terms or are or will be binding us.