Energetic Fitness Systems®: Private Personal Usage Terms & Conditions
1. General Terms & Conditions
- Personal Use Only: The purchaser acknowledges that EFS equipment is strictly for private, personal use and may not be resold, leased, or transferred without written authorization from Energetic Fitness Systems®.
- Non-Commercial Agreement: Purchaser shall not use EFS equipment for commercial purposes, paid sessions, or business operations unless separately licensed under an approved Commercial Sales Agreement.
- Payment & Processing: All payments must be prepaid in full before shipment. EFS reserves the right to adjust pricing, fees, and processing times without prior notice.
- Credit Card Transactions: A 3% Convenience Fee may be assessed at EFS’ discretion for purchases made via credit card.
- Order Processing & Shipment: Orders are built to order with an estimated processing time of 6-8 weeks. Delays caused by supply chain disruptions beyond EFS’ control are not grounds for cancellation or refund.
2. Warranty, Liability & Equipment Use
- Limited Warranty: EFS provides a non-transferable limited warranty covering manufacturer defects only. Warranty coverage does not include accidental damage, misuse, modifications, or unauthorized repairs.
- Liability Waiver: Purchaser agrees that EFS is not liable for any personal injuries, equipment misuse, or claims arising from improper use.
- Safe Handling Requirement: Purchaser is solely responsible for ensuring equipment is used correctly, following all safety guidelines provided by EFS.
- Unauthorized Modifications Prohibited: Altering or modifying EFS equipment immediately voids warranty coverage and may result in loss of usage rights.
3. Certification & Waiver Requirements
- Waiver Requirement: All users must digitally complete and sign the Energetic Fitness Systems® Usage Waiver Form before using EFS equipment.
- Waiver Renewal: Users must renew their waiver every two (2) years to maintain ongoing eligibility for use.
- Failure to Renew: Failure to renew waivers may result in revocation of access to EFS equipment and potential liability for non-compliant usage.
- Certification for Personal Use: While commercial certification is required for professionals, EFS recommends purchasers complete an optional personal-use instructional program to ensure safe and effective equipment handling.
4. Shipping Damage Procedures
Purchaser agrees to the following steps in the event of shipping damage:
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- Report Damage within 7 days of delivery.
- Provide photos and documentation upon request.
- Retain damaged equipment and packaging for inspection.
- Fully cooperate with carrier inspection procedures.
- EFS will assist with submitting claims but is not responsible for final settlement outcomes.
5. Medical Disclaimer
- EFS is NOT a medical device and is not intended for diagnosing, treating, or preventing any medical conditions.
- EFS does NOT heal. It is not a substitute for medical care, nor should it be used for medical claims or representations.
- Consult a physician before use, particularly for individuals with pacemakers or implanted electrical devices.
- Third-party testimonials do not constitute medical advice and are not evaluated by the FDA.
6. Governing Law & Dispute Resolution
- These terms are governed by the laws of the State of Washington.
- Any disputes arising under this agreement shall be resolved through binding arbitration in Whatcom County, Washington.
- Force majeure: EFS is not liable for delays or failures due to natural disasters, government actions, or supply chain disruptions beyond its control.