Portable Bar Liability Waiver & Purchaser Agreement
The following disclaimer is provided for all purchasers and users of this product. Acknowledgment and signature of all terms and conditions with all clauses are required by the purchaser before sales transaction can be completed. Ashiatsu Institute, LLC DBA Ashiatsu Deepfeet Bar Therapy is referred to as the company throughout this agreement.
The Deepfeet Portable Bar apparatus is designed to be purchased by massage professionals who have successfully completed our Deepfeet Bar Therapy educational program and work in accordance with the laws of their state regarding massage.
Our company takes seriously the responsibility of educating others in the professional barefoot massage. Our main objective is that the public is safe from harm and the Deepfeet brand and methodologies are represented with the utmost respect, integrity, and quality. While our company is proud to produce this magnificent product, the intended use for the apparatus is not to be a substitute for the standard overhead bar installation shown to you during any instructional class.
The unit was retrofitted to connect with a wooden adjustable massage table 32"-35" wide. To help ensure that the product is used properly, we recommend you use a durable table with similar specifications as the Earthlite 32" or 35" inch Spirit table. Static weight: 3200 lbs. Maximum working weight: 800 lbs. Furthermore, the apparatus has an intended use for balancing and leverage while the working foot stands on the table, as opposed to weight-bearing or pulling up into bars for stability. We do not recommend any double-footed strokes on this apparatus. We will not fix any damages, offer refunds or exchanges for any portions of this unit should damage occur due to weight-bearing, excessive force/torque or any other said actions.
Additionally, the product is designed for use in private practice by licensed professional massage therapists. Deepfeet Portable Bars are intended for non-instructional use only. This unit is not sold for commercial use nor for teaching others by the purchaser or re-sold by the purchaser to a 3rd party for instructional use. By your signature below, you agree that you will never use or resell these bars for the purposes of instruction of any form of massage therapy. Any infraction against this agreement will result in legal action including monetary damages.
Purchaser waives all liability and claims for any modifications, adjustments, drilling holes or any other means of attaching apparatus to a massage table or altering unit in any way. Ashiatsu Institute, LLC is not responsible for any wear-and-tear, damages or repairs after the first assembly and use, not to exclude: blemishes, scratches, dents, loose hardware, broken hardware, swelling of handrails, creeks or noises coming from articulating wooden joints, or ungluing.
Product Damages; If any damages occur during shipment, the affected parts must be photographed. Notification to the company needs to take place within 24 hours of unpacking. All boxes and packing material must be stored and kept until further investigation. Photos will need to be taken and submitted of contents, packing materials, and product parts, and submitted to Ashiatsu Institute, LLC during the investigation. A video may be necessary to determine damages, manufacturer’s defect, or shipping fault. Damaged parts will need to be shipped back to our manufacturer TouchAmerica at the purchaser’s expense for visual inspection before any refund can be determined and issued. Note* While we spend substantial time and materials on custom packing, we cannot be responsible for damage by UPS due to rough handling. Any damages occurring during shipping will need to be directed to UPS.
Product Warning: Once you unpack or assemble the apparatus, please verify that you have received all parts listed in the parts manual.
Purchaser agrees to release Ashiatsu Institute, LLC, DBA Deepfeet Bar Therapy from any claims for damages or scratches that occur from unpacking or during assembly. The company expressly disclaims all warranties, whether expressed or implied, included but not limited to any implied warranty of merchantability or function for a purpose. Ashiatsu Institute, LLC does not assume or authorize any liability in connection with this product. Buyer has been given the opportunity to watch a video describing the assembly process. Buyer has reviewed the open variable aspects of the purchase of the unit and understands its intended use.
1) If you use abnormal or obsessive stress, torque or force to any of these parts while putting them together, taking them down, or during use, and they become damaged, purchaser agrees to assume all liability.
2) We do not recommend any excessive use of force such as pulling down on the handrails bars or using handrails to hold bodyweight off another person. The pulling down on the bars with full body weight may cause abnormal stress/force on the unit and joints. Purchaser agrees to assume all liability. Two footed strokes are not recommended on the portable bar systems.
3) Screws can and will bottom out and become stripped if you over tighten. DO NOT OVERTIGHTEN. If you use an electric drill, be mindful by turning the torque down and drilling SLOWLY so you do not strip your hardware. We recommend using an electric screwdriver over a drill.
You acknowledge the following:
1. You understand the restrictions and intended use of the unit.
2. You understand this document protects the company from injury or damage to you, your clients, your therapists, and the bar system.
3. You understand the intended use of the bars is for the purchaser to use in private practice only and you will not teach or train others on said apparatus.
4. You agree that your business is responsible for your employees or contractors use of this product. ALL users should sign this waiver and be aware of the equipment intended use and cautions.
ONE YEAR MANUFACTURER WARRANTY:
The manufacturer warrants this product to be free from defects in workmanship and materials, under normal residential use and conditions, for a period of one (1) year for the original invoice date. Shipping and handling fees are to be paid for by the customer. The manufacturer agrees, at its option during the warranty period, to repair and defect in material or workmanship or to furnish a repaired or refurbished product of equal value in exchange without charge (except for a fee for shipping, handling, packing, return postage, and insurance which will be incurred by the customer). Such repair or replacement is subject to verification of the defect or malfunction and proof of purchase as confirmed by showing the model number on original dated sales receipt.
This warranty does not include:
1. Any condition resulting from other than ordinary residential wear or any use for which the product was not intended, such as used in rental.
2. Any condition resulting from incorrect or inadequate maintenance or care
3. Damage resulting from misuse, abuse, negligence and accidents.
4. Dissatisfaction due to buyer’s remorse
5. Normal wear and tear
6. Damages incurred during transportation of the bar system such as shipping, plane, car or otherwise.
7. Damages incurred during assembly or maintenance
8. Any used, previously displayed items
9. Warranty is voided if the bar system is not attached to a 32-35” stationary massage table.
The Company makes no express warranty or condition whether written or oral and the company expressly disclaims all warranties and conditions not stated in this limited warranty. To the extent allowed by the local law of jurisdictions outside the United States, the Company disclaims all implied warranties or conditions, including any implied warranties of merchantability and fitness for a particular purpose. For all transactions occurring in the United States, any implied warranty of condition of merchantability, satisfactory quality, or fitness for a particular purpose is limited to the duration of the express warranty set forth above. Some states or countries do not allow a limitation on how long an implied warranty lasts or the exclusion of limitation of incidental or consequential damages for consumer products. In such states or countries, some exclusions or limitations of this limited warranty may not apply to the Purchaser. For consumer transaction, the limited warranty terms contained in this statement, except to the extent lawfully permitted, do not exclude, restrict, or modify but are in addition to the mandatory statutory rights applicable to the sale of this product to the Purchaser. All warranty claims must be filed by the consumer to the retailer of this product, who in turn is to contact the manufacturer regarding any warranty return or replacement. We will not handle claims from the consumer directly. Please retain invoices for a minimum of one year for warranty purposes.
1. Claims for defective merchandise must be made within ONE year from invoice date. Claims for missing parts must be made within 60 calendar days after the merchandise is received
2. Any claim for defective merchandise returns must be packed in original packaging
3. We reserve the right to specify that items be returned to the original warehouse for inspection or be inspected by our representative in the field
4. Pictures are required to claim defective merchandise, along with a copy of the original invoice
5. If the claim is justified, the item(s) or part(s) will be repaired or replaced or a credit will be issued. It is our policy to replace parts whenever possible
This warranty gives you specific legal rights. You may have other rights, which vary from state to state
Waiver and Limitation of Liability: Ashiatsu Institute, LLC DBA Deepfeet Bar Therapy, HAS PRICED ITS PRODUCTS WITH THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT THIS COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301. Follow all instructions and heed all warnings accompanying any products associated with the said company. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED.
Indemnification: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS Ashiatsu Institute, LLC, DBA Deepfeet Bar Therapy, TouchAmerica, or any of its affiliates FROM AND AGAINST ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OR DISPOSITION OF ANY ITEMS PURCHASED.
This agreement shall be governed by the laws of the state of Oregon and applicable to contracts as if wholly made in any such state. In any dispute arising out of this contract, you agree to be subject to personal jurisdiction and venue of the state of Oregon
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Document Name: Portable Bar Liability Waiver & Purchaser Agreement
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