PRODUCT DISCLAIMER

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES OF KICHGO’S PRODUCTS OR SERVICES. PLEASE REVIEW THESE TERMS CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, DISCLAIMERS OF LIABILITY, AND ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THE PRODUCT OR SERVICES INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT AND/OR DELETE AND DESTROY ANY DOWNLOADED VIDEO, SUBJECT TO OUR RETURN POLICY.

Defined Terms:  “KICHGO” means KICHGO PRODUCTIONS, and any and all of its affiliates and/or subsidiaries and/or business agents, servants and employees.  “Products” means all equipment, gear, videos or related goods sold on this website or otherwise available by KICHGO.

High Risk Activity:  Products sold by KICHGO include videos, equipment and gear used in Pilates, yoga, fitness, and athletic activity and demonstration. Participation in any of these activities is a high-risk sports activity. You participate in any of these activities at your own risk. Injuries of all types can occur when participating in exercise and physical fitness programs and KICHGO strongly encourages and you agree to consult with your physician before participating in any of these activities or using the Products. Please follow all instructions and use the Products only as directed.

Assumption of the Risk:  By buying, using, participating in the use of KICHGO’s Products, you understand and agree that Pilates, yoga, fitness, and athletic activity are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR ANY OTHER FAULT OF KICHGO including but not limited to equipment malfunction from whatever cause, or any other fault of KICHGO. Additionally, you agree to indemnify, defend, release and hold KICHGO harmless from any third party claims arising from such high risk activities or use of any other KICHGO Product.

Limited Replacement Warranty:  KICHGO warrants to the original purchaser that the Products are free from defects in materials and workmanship for a period of 60 days from date of purchase, provided they have not been subjected to obvious abuse, neglect, misuse or installation. KICHGO’s sole liability is limited to repairing or replacing products that are returned within this 60-day period, subject to the terms of our Return Policy.

WARRANTY DISCLAIMER:  THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF KICHGO. KICHGO NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF THE PRODUCTS. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT THAT HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD OR SHIPPED TO AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES.

Limitation of Liability:  As set forth above under the limited warranty provisions, KICHGO’s liability is limited to repair or replacement of its Products which are returned in accordance with its return policy. In no event shall KICHGO’s liability exceed the value of the products sold. KICHGO shall not be liable for any special or consequential damages that result from the use of any Products. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.

Warning:  Use and misuse of KICHGO Products, sold through KICHGO’s website or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. KICHGO cannot and will not be responsible for the misuse or unauthorized and improper use of KICHGO Products.  KICHGO’s Products are intended for use only in connection with the corresponding KICHGO video.  Use of the Products is for personal and domestic use only.  You may NOT use the Products for demonstration, instruction or other commercial activities, including but not limited to use by coaches, gyms, trainers, or similar fitness instructors of others. KICHGO Products are not intended for use by children.  Anyone under the age of 18, may use the product only under full supervision and care of their parent or guardian who purchased the product. 

Inspect Before Each Use:  This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to KICHGO for a replacement.

Applicable Law and Resolution of Disputes: Your order from KICHGO shall be interpreted and construed in accordance with laws of the State of California without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Los Angeles, California and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of KICHGO products or any other claim related to the use of products must be commenced within one (1) year after the claim or cause of action arises. KICHGO’s failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.