Terms & Conditions for the Rental of Your Reformer Products

1. 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, [WEBSITE ADDRESS], governs your access and use of the App. 

1. 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.  
2. Prices and Payment Terms.  
3. 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.  
4. 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.  
5. 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. 
6. 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).   
7. All applicable fees for shipping and handling are due upon check-out. 
8. All applicable fees for collection of the products upon expiration or termination of the Term Period (“Collection Fee”) are due upon check-out.  
9. 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. Such weekly installments will be due and payable on the first day of each week.  
10. 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.  
11. 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. 
12. 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 https://stripe.com/ (“Stripe”). All transactions through Stripe are subject to the terms and conditions found at https://stripe.com/, or as otherwise indicated by Stripe. 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.  
13. If you fail to pay any sum due pursuant in accordance with these Rental 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.  
14. 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. 
15. 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. 
16. Shipments; Delivery; Title and Risk of Loss.  
17. 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”), provided however you represent the Delivery Point and location and path to where installation will occur is 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 consent to our access, and our designated representatives’ and employees’ access, to the premises at the Delivery Point for installation of the product. 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.  
18. The Delivery Point must be within one of the geographic regions in which we deliver, as determined by us in our sole discretion. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges. Freight shall be Ex Works INCOTERMS 2010 (“EXW”) our facility in origin or such other facility as we may later designate. Delivery shall occur, risk of loss or damage, shall transfer to you, when products are made available at the Delivery Point.  
19. 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. 
20. It is your responsibility to ensure that the Delivery Point can be accessed safely and the products, once delivered, will be secure. 
21. As part of our delivery services, we will assist with the unloading, installation, and setup, of the products. 
22. 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. 
23. 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. 
24. 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: (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). 
25. Any liability for non-delivery of the products 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.  
26. 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. 
27. Returns.  
28. 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. 
29. 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. 
30. 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.  
31. 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. 
32. Term Period. 
33. 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”). 
34. The minimum Term Period must be twelve (12) weeks (the “Initial Term”).  
35. 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.  
36. 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. 
37. Refunds.  
38. 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.  
39. 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. 
40. 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 [DOMAIN] 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 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. 

1. 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. 

1. 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. 

1. What Does This Warranty Not Cover? 

This limited warranty does not cover any damages due to: 

1. transportation; 
2. storage; 
3. improper use; 
4. failure to follow the product instructions as to storage, installation, commissioning, use or maintenance; 
5. modifications; 
6. combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us; 
7. unauthorized alteration or repair; 
8. normal wear and tear; or 
9. external causes such as accidents, abuse, or other actions or events beyond our reasonable control. 
10. 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. 

1. 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. 

1. How Do You Obtain Warranty Service? 

To obtain warranty service, you must call [TELEPHONE NUMBER] 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. 

1. 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. 

1. 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: 

1. Check that each individual has sufficient space to practice 
2. Check there are no trip/slip hazards 
3. Check there are no objects you may fall on or come in contact with 
4. Check there are no sharp objects or hot surfaces nearby.  
5. Ensure you have sufficient lighting 
6. 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. 
7. Ensure the room has sufficient ventilation. 
8. Ensure you have water to keep hydrated. 
9. Remember to seek medical advice before training if you have any existing injuries or other medical conditions. 
10. Remember that children are not permitted to be in the area when products are utilized. 
11. Ensure all individuals in the area are aware of the training and avoid entering the space. 
12. 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. 

1. 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. 

1. Use of the Products. Notwithstanding anything to the contrary in these Rental Terms, you shall:  
2. 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.  
3. Display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by users of the products. 
4. Not place any markings on the product, except as authorize by us or required by law.  
5. Not alter, obscure, or remove any safety notices placed on the products rented under these Rental Terms.  
6. Keep the product indoors and at the Delivery Point at all times during the Term Period. 
7. Not operate or permit the operation of any product in an unsafe or improper manner. 
8. Your Responsibilities. You agree that you shall comply with the obligations set forth in this Section ‎12. 
9. You must comply with all applicable law. 
10. You must keep the products free and clear of all liens. 
11. 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. 
12. 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. 
13. 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. 
14. Maintenance. You agree that you shall comply with the obligations set forth in this Section ‎13. 
15. 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. 
16. 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). 
17. 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.  
18. 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.  
19. 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.  
20. 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. 
21. 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. 
22. Loss. 
23. 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.  
24. 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.  
25. 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. 
26. 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.  
27. 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. 
28. 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. 
29. 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. 
30. 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.  
31. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, [WEBSITE ADDRESS], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. 
32. App Subscription. By renting the products under these Rental Terms, you will receive access to our App. The App Subscription Agreement, [WEBSITE ADDRESS], governs your access and use of the App. 
33. 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. 
34. 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.   
35. 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 
36. Dispute Resolution and Binding Arbitration. 
37. 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. 

1. 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.  

1. 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. 

1. 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. 
2. 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. 
3. 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. 
4. Notices. 
5. 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. 
6. 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 [NAME AND ADDRESS OF U BE FIT]. 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. 
7. 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. 
8. 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. 

Your Reformer Direct Debit Terms

• These are the Your Reformer Direct Debit Terms for U Be Fit Pty Ltd ACN 129 190 450 as trustee for the Stallworthy Business Trust trading as "Your Reformer".
• By purchasing or using a Your Reformer direct debit payment option, you agree to the following terms and conditions, which supplement and form a part of the agreement or contract with Your Reformer for the Product or Subscription you acquire. Capitalised terms not defined here have the meaning given to them elsewhere in our terms and conditions of supply.
• A “Direct Debit Customer” is any individual who has engaged a Your Reformer direct debit payment option. A “Direct Debit agreement” is either a “YR Payment Plan+ OnDemand”, a “Rental + OnDemand” or a “OnDemand” Membership, as defined below.

Third Party Direct Debit Provider

Your Reformer uses a third party direct debit billing provider, such as Debit Success, Apple Pay, Google Pay, Stripe or any other provider we may introduce from time to time and you elect to use. When entering into a direct debit agreement with Your Reformer, you are also entering into an agreement with the relevant payment provider subject to their terms and conditions as well.

Subscriptions, Direct Debit Coverage and Billing Cycles

• A "Subscription" to the Your Reformer OnDemand online software-as-a-service application (App) provides you with full access to Your Reformer’s available classes, content, and features for as long as the Subscription remains active and payment remains up-to-date.
• Usually a Subscription requires direct debiting to be in place, however, depending on the Product you purchase or rent, and depending on whether you have a YR Payment Plan in place or otherwise, you may receive a free Subscription period (as expressly provided for at the time of purchase). Thereafter, to continue the Subscription will require direct debiting to be in place.
• As a Subscriber you may possess one Subscription. The Subscriber is responsible for all activity under their Subscription.
• Billing Cycles. Upon completion of the Direct Debit Authority, you will be able to select your preferred debit frequency from weekly, fortnightly or monthly. Any subscription recurs on your selected weekly, fortnightly or monthly basis until it is cancelled in accordance with these Your Reformer Direct Debit Terms. Billing occurs at the beginning of the relevant cycle and provides access for one week, fortnight or month thereafter. By purchasing a Subscription or engaging a YR Payment Plan, you acknowledge that your Subscription or YR Payment Plan (as relevant) has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Your Reformer, or for a YR Payment Plan, payment in full. To seek to change or terminate your Subscription or YR Payment Plan, contact the Team at hello@yourreformer.com.au
• Other Offers. Your Reformer may offer additional promotions or discounts related to Subscriptions and YR Payment Plans from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Your Reformer Direct Debit Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial of use of the App; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Your Reformer Direct Debit Terms.
• Termination. For Subscribers on a YR Payment Plan that would like to terminate their account and have completed the minimum payments as per the agreement with you, we require 14 days written notice via an email to Your Reformer’s customer service team on hello@yourreformer.com.au . For those Subscribers on a YR Payment Plan that are requesting to cancel with payments still owing on the minimum term, you will be expected to pay the balance of your equipment purchase in one payment to Your Reformer upon receipt of an invoice specifically generated for this reason, from Your Reformer. Upon presentation of the receipt of this payment, Your Reformer will be in touch to organise to terminate your account and provide written confirmation this is done. All YR Payment Plan agreements are subject to be paid in full prior to Your Reformer account termination. For Subscribers on a “Rental” only option, you cannot terminate earlier than the minimum rental period stated (as expressly provided for at the time of entering into the rental) and thereafter we require 14 days written notice via an email to Your Reformer’s customer service team on hello@yourreformer.com.au and collection of the Rental Bed will take place at an agreement collection date and time, within 14 days of termination. During this period, you agree that, and Your Reformer relies on, you will keep, and return to us, the equipment in a clean and tidy condition, in a fully operational state without any damage (other than usual wear and tear). For those Subscribers on the “OnDemand” subscription only, we required 14 days written notice via an email to Your Reformer’s customer service team on hello@yourreformer.com.au . For all terminated Subscribers, account access will cease on the final day of the 14 day notice period automatically.

Account Registration

Account Registration. You can register by successfully completing a Your Reformer purchase, or by creating an account on the Your Reformer App, as further described in our App Terms. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes to hello@yourreformer.com.au. Your Reformer’s use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.



Dated: 28 September 2023

Your Reformer OnDemand App Terms and Conditions

U Be Fit Pty Ltd ACN 129 190 450 as trustee for the Stallworthy Business Trust trading as "Your Reformer" (Your Reformer, we, us or our) operates the Your Reformer OnDemand online software as a service application (App) through which you may access our App and Services subject to these terms and conditions (App Terms).

Please read these App Terms carefully before using the App or the Service, as your use of the App and the Service is subject to these App Terms. Use of your personal information submitted via the App is governed by our Privacy Policy available on our website. By using the Service via the App (whether now or in the future) or continuing to use the App, you agree to be bound by these App Terms and our Privacy Policy. If you do not accept these App Terms or our Privacy Policy you should cease using the App and the Service immediately.

1. Definition of App Terms

• Service means the fitness programs, classes, content, and features provided by us through the App, or other mediums as may be available from time to time.
• Member means any person who is also a subscriber to the App.
• User Content means any post, submission, photo, video or other content uploaded or otherwise made available through the Service by any Member or user (including you).

2. App and Terms

• When you register an account with our App, you must provide us with personal information such as your name and email address. We may also request additional personal information such as your age (or age range), gender and health information. We will handle all personal information we collect in accordance with our Privacy Policy.
• When you create an account within our App, you will give your details (including your payment details if you wish to access classes), and we will provide you with a username and you will be required to select a password.
• You must keep this username and password secure and take all reasonable actions to protect your username and password from unauthorised use. You must not share, give or sell your username or password to any other person. Excessive viewings or logins under your username may be construed by us as unauthorised use of the Services, which may result in the immediate cancellation of your access to the Services without refund.
• By accessing any part of the App, you agree that you accept these App Terms. If you do not accept these App Terms, you must not use any part of the App, Service or functionality of the App.
• We may revise these App Terms at any time. You should check the App regularly to review the current App Terms. You will be subject to the App Terms as amended and in force at the time that you use the Service. Your continued use of the Services and accessing of the App constitutes your acceptance of these App Terms as in force at the applicable time.
• You are responsible for making all arrangements necessary for you to have access to the App, including any fees or costs associated with hardware, equipment, software, services and/or carrier fees.
• You must be 18 years old or older to use the Services.

3. Subscription

• You acknowledge and agree that:
• you must have a subscription to access and use the App (Subscription) and to have a Subscription where you can access all of the Services you must pay us the fee stated at the time that you subscribe to the App (inclusive of any taxes as may be relevant from time to time) (Subscription Fee);
• you must pay the Subscription Fee in accordance with the billing frequency specified at the time that you subscribe to the Services (Due Date);
• your subscription to the Services automatically renews on the Due Date unless cancelled in accordance with this clause 3; and
• the Subscription Fee is subject to review by us and may be varied by notice in writing to you not less than 30 days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means. If you do not agree to the Subscription Fee as varied, you may terminate your subscription without consequence effective the day before the Due Date on which the varied Subscription Fee takes effect.
• Your Subscription and use of the Service is conditional on you paying the Subscription Fee in an up-to-date manner.
• All prices are in Australian Dollars (AUD).
• Payment of the Subscription Fee is processed by direct debit by a third party, such as Debit Success, Apple Pay, Google Pay, Stripe or any other provider we may introduce from time to time and you elect to use. You can find the terms and conditions for each direct debit provider by visiting their website.
• For certain direct debit providers, eg: Stripe, your access to (and use of) the Services in your Subscription can be cancelled via your direct debit provider (by following their notice period and cancellation rules).
• In each instance, you will be prompted to complete the direct debit agreement offered by the relevant direct debit provider during the registration process.
• Your payment details must be verified before your access to the Services can be activated. If your initial payment authorisation is revoked, your access to the Services will be terminated before you can commence using the Service.
• Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date at all times.
• If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled at the end of the paid Subscription period.
• All payments made are non-refundable unless otherwise stated in these App Terms.

4. Cancellation

• Except where required to cancel via your direct debit provider, you may cancel your Subscription by selecting the ‘unsubscribe’ option through your account settings on the App. This may be via your device or via the portal on our website, depending on where and how you first subscribed. Further you can contact us directly. Notice period will apply.
• Depending on the direct debit provider you use, you will be required to give a certain number of days notice (up to 30 days notice) in order to shut off the direct debit (as this period is set by the relevant direct debit provider).
• A confirmation email will be sent to you to confirm your Membership cancellation.
• Any cancellation of the Services by you will take effect at the end of the period to which the Subscription Fee relates.
• Upon cancellation of:
• the Service, you will no longer be permitted to have access to or the benefit of the Service from the end of your paid subscription period.
• the Subscription, you will no longer be permitted to have access to or the benefit of the App.
• You acknowledge and agree that we may terminate your access to the Service or Subscription in accordance with these App Terms at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.

5. Subscription rights

Subject to these App Terms and the up-to-date payment of the Subscription Fee, you will have access to the App and Services on a limited, non-exclusive, non-transferable, non-sublicensable, revocable basis solely for the purpose of:

• receiving the Services; and
• at all times, lawful and own personal non-commercial use of the App and the Services,

(Purpose).

You warrant to us that you will only use the App and Services for the Purpose and in accordance with these Terms.

We reserve the right to add, remove or update features or functions of the App without notice to you. When we make any such changes to the App, or when a new version is released by us, you may be required to update the Ap on your device, or this may occur automatically. This may require your review and acceptance of our App Terms, in the form current at that time, before you will be permitted to continue use of or access to the updated or new version of the App. If you do not accept any updates or new versions released by the App, you acknowledge that we may not continue to support previous versions of the App and any previous version may cease to be available, used or accessed.

You must not:

reproduce or modify all or any part of the App;

misuse the App or a Service (including you must not copy any videos, share your log in details, hack the App, upload a virus, malware or similar, or engaging in cyber-bullying);

use, disseminate or reproduce any of the materials on the App or Services for commercial purposes without obtaining a licence from us to do so;

disassemble, decompile, modify or reverse engineer any part of the App nor merge it with any other software; or

directly or indirectly permit any third party to do any of the above.

• In accessing the App, you must comply with all applicable user conduct policies or any other relevant policies relating to the App notified by us to you from time to time by publication on the App, email or other reasonable means. It is your responsibility to check the App regularly to keep up to date with any such applicable policies.
• Unless otherwise stated and except to the extent owned by third parties or their licensors, the copyright and other intellectual property rights in the App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these App Terms, any use of extracts from the App other than as expressly stated is prohibited.
• The App may not be used with, and no part of the App may be reproduced or stored in, any other platform or application or included in any public or private electronic retrieval system or service, without our prior written permission.
• Any rights not expressly granted in these App Terms are reserved.

6. App and Service Access

• While we try to ensure the App is available 24 hours a day, we do not guarantee the availability of the App (or any Service within), and we will not be liable to you (nor, except to the extent that a non-excludable guarantee applies, will any refund be given) if the App (or any Service within) is unavailable or otherwise not fully or properly functioning at any time or for any period.
• Access to the App may be suspended temporarily at any time and without notice and without refund.
• The transmission of information via the App is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk.

7. Links to and from other platforms

• We may provide links to third party platforms or websites. Such links are provided solely for your convenience. If you use these links, you leave the App. We have not reviewed and do not control any of these third-party platforms or websites, and we are not responsible for these platforms or websites or their content or availability. We do not endorse or make any representation about these platforms or websites, their content, or the results from using such platforms or websites. If you decide to access any of the third-party platforms or websites linked to the Services, you do so entirely at your own risk.
• You may link to the App or Services, provided that:
• you do so in a fair and legal way which does not damage or take advantage of our reputation;
• you do not establish a link from an application, platform, website or other medium that is not owned or validly licensed by you or in a way that suggests a form of association with or endorsement by us where none exists;
• any service or content from which you link must comply with the content standards set out in these App Terms;
• we have the right to withdraw linking permission at any time and for any reason.
• From time to time we will provide links to products which are paid promotions or we otherwise will receive a benefit or commission. When we do so, we will identify them appropriately.

8. Intellectual Property

The App and the Services, including, without limitation, all content, materials, design, text, images, video, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation (our IP) provided to you by us, are our property or the property of our licensors and are protected by copyright, trademarks and other proprietary rights and laws relating to intellectual property. Nothing contained in these App Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use our IP without our express prior written consent.

You represent and warrant to us that, with regard to your User Content:

• you own or have the necessary licences, rights, consents and permissions to use, and you irrevocably authorize us to use the User Content and all patents, trademarks, trade secrets, copyright and other proprietary rights in and to any and all of the User Content to enable their inclusion and use in the manner contemplated by us and these App Terms; and
• you have the written consent, release and/or permission of each and every identifiable person in the User Content to use their name or likeness to enable inclusion and use of the User Content in the manner contemplated by us and these App Terms.

You agree not to upload, publish, or otherwise transmit any User Content that is discriminatory, harassing, offensive, threatening, or harmful to any individual or group based on their race, ethnicity, gender, sexual orientation, religion, disability, or similar. You acknowledge that any violation of this clause may result in immediate termination of your account or access to the App or Service, and may also be subject to legal consequences as applicable under the relevant laws and regulations. You agree that the User Content will not:

include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights or obligations of confidentiality, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant us all of the rights granted in these App Terms;

publish inaccuracies, falsehoods or misrepresentations that are defamatory or could damage us or any third party;

include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate;

post advertisements or solicitations of business; or

contain any material or content with a virus, worm, trojan, malware, ransomware or any other defect or error which may affect our Application, Service, software or systems.

• We also reserve the right, for any reason, to remove or not publish any or all of User Content and to remove content posted by you without prior notice.
• You grant us a perpetual, irrevocable, royalty-free, worldwide, transferable licence to use and disseminate User Content in connection with the Services, the App, or our business activities. You understand and acknowledge that, when you submit content in any form to us, we may distribute or publish (including in an edited form) User Content on other environments that we own or operate (eg: our social media accounts) or the web platforms of any of our third party affiliates.
• You understand and acknowledge that, when you provide User Content or submit content in any form to us, we may authorise such content to be distributed or published on other environments that we own or operate (e.g. our social media accounts) or the web platforms of any of our third party affiliates.
• You indemnify us, and will keep us indemnified, against any breach of this clause 8 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.
• You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that any of the Services infringes your copyright, please contact us by email at hello@yourreformer.com.au
• We acknowledge that all personal information provided by you remains your property.
• All suggestions, solutions, improvements, corrections, and other contributions provided by you regarding the App, any of the Services, or any of our other materials and documents supplied or provided to you is owned by us, and you hereby assign any such rights to us.
• Your Reformer retains all right, title and interest in and to our IP, and except for the limited rights and licenses granted to you under these App Terms, nothing may be construed to restrict, impair, encumber, license, alter, deprive or adversely affect our IP, or any of Your Reformer’s rights or interests therein. Nothing in these App Terms:
• assigns or transfers any right or title to any intellectual property in any of our intellectual property to you; or
• provides you with a licence to use any mark, name, logo, branding or merchandise for any reason (including that you must not use for promotion or advertising or any other commercial exploitation).

9. Your Reformer Community Guidelines and User Content Moderation Policy

• You agree that when engaging with Your Reformer, our instructors, and other Members across the App and Service your conduct and User Content will comply with Your Reformer Community Guidelines and User Content Moderation Policy published on our website.

10 .Physical exercise and medical disclaimers

• To take part in or exercise following the Services, you must be in good physical health. You must not use the App or the Service if you have been told not to engage in physical activity or sport on health or medical grounds.
• The Services include information, instructions, products and services relating to exercise and fitness. You acknowledge and agree that the disclaimers in this clause 10 apply to all such information, instructions, products and services.
• 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 a Your Reformer Pilates 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 any suggested equipment, shown in any of the video clips on the App. Your Reformer is not a medical organisation 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 while viewing the Your Reformer OnDemand videos. Nothing contained in the App (or our Website for that matter) may or should be construed as any form of such medical advice or diagnosis.
• By using the App 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 you participate in the programs provided in the App at your own risk. It is your responsibility to judge your physical and mental capabilities for such activities and to seek medical advice before engaging in any exercise program we make available.
• You agree that by participating in classes and activities in the App, 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. 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 and release any claim that you may have at any time for injury of any kind against Your Reformer, or any person or entity involved with Your Reformer, including its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
• When participating in Your Reformer OnDemand classes provided in the App you must ensure that you always take all appropriate precautions, including that you must:

check that you have 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 near by;

ensure you have sufficient lighting;

ensure your camera/screen and other electrical appliances, including cables, are on a levelled surface and not in your training space causing a trip hazard;

ensure the room has sufficient ventilation;

ensure you have water to keep hydrated;

seek medical advice before training; and

ensure all household members are aware of the training and avoid entering the space.

• You must use Your Reformer equipment in accordance with its specifications and safety warnings on the manuals provided with the equipment at the time of purchase. Any use other than as advised may pose a risk to your health or safety for which Your Reformer has no liability.
• The minimum age requirement to participate in the programs provided in the App is 18 years old.

11. General disclaimers

• We may make changes to the material on the App or the Service at any time without notice.
• We do not represent or warrant that the App, Service or any other material accessible from the App is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
• We provide you with access to the App and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the App and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App or Service, or be otherwise implied or incorporated into these App Terms, by statute, common law or otherwise).
• We are not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by users of the Services and third parties (e.g. bloggers) are theirs alone, not opinions of us. Content created by third parties is the sole responsibility of the third party and we do not endorse, warrant or guarantee its accuracy and/or completeness.

12. Liability

• Nothing in these App Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these App Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these App Terms.
• Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the App (including the use, inability to use or the results of use of the Service or the App) or resulting from any violation by you of these App Terms or any breach by you of your responsibilities, representations and warranties.
• You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
• You indemnify and hold us and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on an indemnity basis, made by any third party due to or arising out of your breach of these App Terms, your use of the Service or App or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
• Subject to clause 12(a) and without limiting clause 12(b), our liability to you, whether based on contract, tort (including negligence), statute, equity or any other cause, is limited to the amount of Subscription Fees you have paid to us in the 12 months preceding the event giving rise to the liability.
• To the maximum extent permitted by law, neither party will have any liability to the other for fines, penalties, taxes (except GST) and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including loss of business, loss of revenue, loss of contract, loss of production, lost opportunity costs), loss which does not naturally arise, legal costs and expenses (except reasonable legal costs awarded by a court) except where:
• such losses are covered by an insurance policy held by the party and in which case, liability is limited to the amount of paid out by the insurer; or
• you misuse or infringe any intellectual property belonging to Your Reformer.
• To the maximum extent permitted by law, we do not have any liability or responsibility for any personal injury, fatigue, or property damage sustained by or through use of the App or Service by you or others.

13. Ending access and removing content

We reserve the right to, without notice and for any reason deemed appropriate by us:

• remove any information or other content from the App, including any of the Services or any User Content in whole or part;
• prevent access to the App or Services by you or any other user or group of users where we reasonably believe you are in breach of these App Terms or are accessing or using the App in a manner detrimental to it or other users; and/or
• intercept, remove or alter any content stored on the App.

We may terminate your Subscription and/or your access to the Services on the following grounds:

by mutual agreement, if you do not agree to the Subscription Fee variation contemplated by clause 3(a)(iv);

you breach a material term of these App Terms and do not rectify that breach within 7 days' written notice from us to do so;

you commit persistent breaches of these App Terms;

you do not pay the Subscription Fee when it is due;

you breach the Your Reformer Community Guidelines or User Content Moderation Policy; or

if anything outside of our reasonable control prevents us from providing the Services or access to the App;

for convenience, on 30 days' written notice to you (you may terminate for convenience however remain liable for the Subscription Fees already paid up to the end of the relevant subscription period).

• If your subscription is terminated under clause 13(b)(vi) or 13(b)(vii), we will refund a pro-rated amount of any prepaid Subscription Fee applicable to a period after the termination date.
• Exercise of these rights will not prejudice or affect our accrued rights, claims or liabilities under these App Terms. The provisions of these App Terms dealing with intellectual property, privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.

14. Notices

• All notices under these App Terms must be in writing and sent to the corresponding party's address provided.
• Notices are deemed received in the case of hand delivery upon delivery and in the case of postal delivery 4 business days after sending. Unless delivered personally, all notices must be addressed to the party’s appropriate address set out in the relevant registration form, or on our website (as applicable).
• Any notice sent by email or electronically is deemed received on the day after the day of sending, provided the email was successfully delivered.
• A notice is deemed to be in writing if sent by post or by any form of electronic communication that is electronically date stamped or which produces an electronic record of the date and timing of sending, including emails.

15. General

• If any of these App Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
• These App Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
• Except as provided under clause 2(e), these App Terms cannot be amended or varied except in writing and signed by both parties.
• Any failure or delay by you or us in enforcing (in whole or in part) any provision of these App Terms will not be interpreted as a waiver of your or our rights or remedies.
• You may not assign or transfer any of your rights or obligations under these App Terms without our prior written consent. We may transfer any of our rights or obligations under these App Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase, or are sold to.
• The headings in these App Terms are included for convenience only and do not affect their interpretation.
• These App Terms shall be governed by and construed in accordance with the law of the State of Victoria. Disputes or claims arising in connection with these App Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Victoria.

Effective date: 28 September 2023

Your Reformer Community Guidelines and User Content Moderation Policy

1. Introduction

• U Be Fit Pty Ltd ACN 129 190 450 as trustee for the Stallworthy Business Trust trading as "Your Reformer" (Your Reformer, we, us or our) operates the Your Reformer OnDemand online software as a service application (App) through which you may access our App and Services.
• Please read this Community Guidelines and User Content Moderation Policy (Guidelines and Policy) carefully to understand our policies and practices regarding acceptable User Content and Member behaviour in the App and Service. This Guidelines and Policy describes:
• Your Reformer’s community guidelines for engaging with Your Reformer, our instructors, and other Members across the App and Service through any activity available for Members in the App or the Service, including submitting User Content; and
• Your Reformer’s method for enforcing this Guidelines and Policy. This Guidelines and Policy applies to anyone using the Your Reformer Service. This Guidelines and Policy may change from time to time, so please check this Guidelines and Policy periodically for updates. Capitalized terms not defined herein have the meaning given to them in the General Conditions, which is incorporated into this Guidelines and Policy by this reference.

2. Our Mission

• Your Reformer uses technology and design to connect the world through fitness, empowering people to be the best version of themselves anywhere, anytime.
• We are committed to creating a safe, supportive and uplifting community for Your Reformer and our Members to connect with each other and share their fitness journeys.

3. Guidelines and Policy

• As part of the Your Reformer community, you are expected to follow the Guidelines and Policy set forth below and help us maintain a respectful environment across the Your Reformer Service. Failure to follow these Guidelines and Policy may result in the loss of certain privileges on the Your Reformer Service or at Your Reformer -sponsored events, and/or may result in suspension or termination of your Your Reformer account.

4. Hate, Offensive, and Obscene Speech

• Healthy debates are allowed on the Your Reformer Service, but we ask that you be courteous, kind, and respectful at all times when interacting with others on the Your Reformer Service.
• Hateful, offensive, or obscene speech is strictly forbidden on the Your Reformer Service. This includes any leader board names, locations, profile pictures, Tags or any other User Content that promotes, relates to, or condones lack of respect, discrimination, or violence of any kind against individuals or groups based on age, ethnicity/culture, race, nationality, immigration status, disability status, physical ability, gender or gender identity/expression, sexual orientation, religion, veteran status, body shape, socio-economic status, or political affiliation.
• Obscene speech includes vulgarity and sexually explicit images and/or phrases.
• Offensive speech also includes speech that misleads or interferes with civic processes and/or otherwise devalues civic integrity.

5. Bullying, Harassment, and Other Offensive Behaviour

• Bullying, harassment, and any kind of offensive behaviour is not allowed on the Your Reformer Service.
• Your Reformer considers behaviour to be bullying, harassing, or offensive if it is behaviour that intends to negatively interfere with another Member’s experience on the Your Reformer Service.
• Your Reformer will also not tolerate abusive behaviour from prospective customers or Members toward Your Reformer personnel, such as insistent customer service requests that a Member has been told is impracticable, excessive contact intended to intimidate or harass, and/or other inappropriate communication.

6. Promotions, Solicitations or Spam

• The Your Reformer Service may only be used for your own personal, non-commercial purposes. The offer for the sale of products, content, and/or services on the Your Reformer Service is strictly prohibited.
• Other than with respect to sales or fundraisers posted directly by Your Reformer. Your Reformer does not sponsor or endorse any charitable or other fundraising efforts, and participation in any such efforts is at each Member's discretion and risk.

7. Member Privacy

• Sharing and accessing User Content on the Your Reformer Service requires mutual trust. Authentic, expressive discussions make interacting in these platforms great, but may also be sensitive and private. User Content shared in the Your Reformer Service should not be shared outside of the Your Reformer Service.
• Your Privacy: When interacting with other Members, you should exercise caution and common sense to protect your privacy, just as you would when interacting with other people you don’t know.
• You have control over what you share on the Your Reformer Service, how you allow others to interact with your Member profile on the Your Reformer Service (such as allowing other Members to follow your activity, the display of the run/walk route map on iOS devices, etc) and you can always choose the settings that suit your preferences by updating your privacy settings.
• Your correspondence or dealings with any third party in or through the Your Reformer Service, and any decision to move your correspondence outside of the Your Reformer Service, is solely between you and such third party. Your Reformer is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

8. Intellectual Property & Right of Publicity

• The name Your Reformer and “YR” logo are registered trademarks of Your Reformer. Photos, videos and other images posted by Your Reformer on the Your Reformer Service are copyrighted assets of Your Reformer or its third-party licensors. These marks and assets cannot be used by anyone except for Your Reformer. Please review the Intellectual Property Policy for more information on our intellectual property rules and guidelines.
• You may not post User Content that uses, impersonates or exploits the name, image, likeness, biographical information or any other identifying characteristics of any individuals, groups, or organizations, whether associated with Your Reformer or not, in a manner that is misleading or confusing as to the identity or origin of such User Content.

9. User Content Moderation and Enforcement of this Guidelines and Policy

• If Your Reformer in its sole discretion determines that User Content violates this Guidelines and Policy, we will remove or modify the User Content, with or without notice to the Member.
• If Your Reformer in its sole discretion determines that a Member’s behaviour violates this Guidelines and Policy, Your Reformer may provide notice to the Member and may take any other technological measure available to stop the behaviour.
• If Your Reformer in its sole discretion determines that a Member repeatedly or egregiously violates this Guidelines and Policy, Your Reformer may limit or remove such Member’s access to parts of the Your Reformer Service, and in some cases, Your Reformer may temporarily suspend or permanently terminate a Member’s Your Reformer account, with or without further notice.

10 . Contact Us

• Report a Violation: If you believe any User Content or Member behaviour is in violation of this Guidelines and Policy and wish to report it to Your Reformer, you may voluntarily submit the violation by email to hello@yourreformer.com.au
• Appeal a Violation: If you believe that Your Reformer deemed your behaviour or User Content on the Your Reformer Service a violation of this Guidelines and Policy in error, you may voluntarily submit an appeal by email to hello@yourreformer.com.au
• Please do not expect a personal response from Your Reformer after making the applicable form submission described above. Your Reformer in its sole discretion will determine whether a violation has occurred and whether a violation is upheld or reversed.

Dated: 28 September 2023

Competition Terms and Conditions

Your Reformer Competition Terms and Conditions (Terms and Conditions) 

Promoter 

This competition (Win an original reformer of your choice) is conducted and sponsored by U Be Fit Pty Ltd (ACN 129 190 450 and NZBN 9429050977192) trading as Your Reformer in Australia (Your Reformer).

Eligibility 

The Competition is open to all legal Australian and New Zealand residents, residing in Australia or New Zealand who are eighteen (18) years of age or older at the time of entry. Employees of Your Reformer in Australia or New Zealand, and their relatives, are ineligible to enter the Competition. 

Entry requirements 

To enter the Competition, an entrant must submit their details to the competition sign up form.

Entrants are limited to one entry per eligible person. No multiple entries. 

Entry period 

Entry is open from September 6 9am AEDT on and closes at October 31 11.59pm AEDT. Only entries received during this time will be eligible to win the Competition.  

Winner selection 

The Winner will be selected at random via a randomised generator by Your Reformer at 9am AEDT on November 1 at the Your Reformer Head Office at 106 Watt Road, Mornington VIC 3931. The name of the Winner will be announced on the @yourreformer Instagram account via Instagram story and Instagram post on November 1. The Winner will also be directly messaged via the Instagram account which the Winner used to submit their entry on.  

The Winner must claim the prize within 7 days of being notified by Your Reformer. To claim the prize, the Winner must reply to the direct message stating where they would like the prize to be delivered to and with all information reasonably requested by Your Reformer in order to deliver the prize to the Winner. The delivery location must be in Australia or New Zealand.  

If the Winner does not claim the prize in accordance with these Terms and Conditions, the Winner automatically forfeits any right to claim a prize. If this occurs, a replacement winner will be determined by Your Reformer by selecting another entrant from the randomised generator. The Replacement Winner will be notified, and must claim the prize, in the same manner as prescribed in these Terms and Conditions for the Winner.  

The prize The prize is: 

• a Your Reformer Original Bed and 
• a $500 Adairs voucher

The prize is as stated and no cash or other alternatives will be offered subject to these terms. The prize is not transferable. The prize, or any part thereof, can be substituted if agreed by Your Reformer and the Winner and if conducted in accordance with the Winner's state or territory's regulations. The prize, or any part thereof, may also be substituted without consent if the prize, or that part thereof, becomes unavailable for reasons beyond Your Reformer's control and if reasonable attempts to negotiate with the Winner were made and were unsuccessful. Any substituted prize must be similar to, and of equal or greater value to, the prize specified in these Terms and Conditions. No bonus prizes will be awarded.  

The Your Reformer Bed will be delivered to the Winner free of charge.  

Adairs is an independent entity that operates separately from Your Reformer. Your Reformer takes no responsibility for any issues that arise related in any way to the Adairs prize.

Any dispute arising concerning the conduct of the Competition or claiming a prize will be resolved as determined and notified by Your Reformer acting in good faith. 

Intellectual property 

As a condition of entry, entrants: 

• consent to Your Reformer dealing with the content of their entry in any way that may otherwise infringe the entrant's present and future moral rights; 
• agree to waive and not to assert their moral rights (wherever such rights are recognised) in respect of their entry against Your Reformer or its assignees, licensees or successors; 
• grant Your Reformer a perpetual, non-exclusive, worldwide, irrevocable licence to use the content of their entry in any way Your Reformer wishes including by modifying, adapting, copying, cropping, retouching, editing the content of the entry and/or publishing, broadcasting or communicating the content of the entry whether in original or modified form (and whether in whole or in part) in any type of media for the purposes of Your Reformer's business on its website, social media accounts or in any promotional or marketing campaign, without payment to the entrant of royalties or any other form of compensation;  
• consent to Your Reformer using their biographical details, Instagram username and likeness in connection the use of their entry; and 
• agree to sign and complete any further documentation required by Your Reformer to give effect to these Terms and Conditions on Your Reformer's request. 

Terms & Conditions 

The Competition is governed by these Terms and Conditions. By participating in the Competition, each entrant accepts and agrees to abide by these Terms and Conditions, including all eligibility requirements and understands that the results of the Competition, as determined by Your Reformer with reference to these Terms and Conditions, are final in all respects. Any questions, comments or complaints regarding the Competition should be directed to Your Reformer (hello@yourreformer.com.au). 

This Competition is in no way sponsored, endorsed or administered by, or associated with, Meta, Facebook, Twitter, Instagram or any other Social Network. Entrants are providing their information to Your Reformer and not to any other party. The information provided will be used in conjunction with these Terms and Conditions and the Your Reformer Privacy Policy and as outlined in these Terms and Conditions. By entering in this Competition, entrants fully release and hold Meta harmless from liability. 

Your Reformer shall have the right, at its sole discretion and at any time, subject to applicable laws and regulations, to change or modify these Terms and Conditions, such change shall be effective immediately upon posting to this webpage and shall be binding on entrants who enter the Competition after the date and time that these Terms and Conditions are changed or modified.  

Your Reformer also reserves the right to cancel the Competition if circumstances arise outside of its control. 

Privacy Policy 

All details, including personal information, submitted in an entry or upon claiming the prize, will be held in accordance with Australia and New Zealand data protection legislation and the Your Reformer Australian Privacy Policy which can be accessed by visiting https://yourreformer.com.au/policies/privacy-policy.

By entering the Competition, entrants provide consent and agree that Your Reformer may use your name and email address for marketing purposes including sending entrants future communications.