TERMS AND CONDITIONS
Last updated February 24, 2020
These Pre-Order Terms and Conditions (these “Terms”) govern the placing of a pre-order (“Pre-Order”) with Interactive Strength, Inc. DBA FORME Life (“Interactive Strength” or “FORME Life” or “we” or “us”) for an in-home fitness studio (“Forme”). Please read all of these Terms carefully before submitting your Pre-Order. By submitting your Pre-Order, you agree to be legally bound by these Terms.
1. No Obligations
Each Pre-Order you submit for a Forme acts as a deposit for a future purchase of the Forme. You are under no obligation to purchase a Forme from us, and we are under no obligation to supply you with a Forme.
These Terms do not constitute an agreement for the sale of a Forme and do not lock in pricing, a firm production slot, a firm delivery date, or specific configuration of the Forme. To complete the purchase of a Forme, you will need to execute FORME Life’s standard Agreement to Purchase (“Final Sales Agreement”) which will include additional terms and conditions, including the final price sheet for the Forme. Additional payment for the Forme, including taxes and other governmental fees, will be required at that time.
We may decline Pre-Orders to avoid over-subscription or as we deem appropriate in our sole discretion. If your Pre-Order is declined, you will be notified and your Pre-Order payment will be refunded.
2. Pre-Order Eligibility: Age and Residency; Entity Pre-Orders
You must be at least 18 years of age and a resident of the United States, Canada, Mexico, The United Kingdom, or a Country which is a Member of the European Union to Pre-Order a Forme. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years of age and a resident of either the United States, Canada, Mexico, The United Kingdom, or a Country which is a Member of the European Union. If you are pre-ordering a Forme on behalf of a company, organization or entity (an “Entity”) located in the United States, Canada, Mexico, The United Kingdom, or a Country which is a Member of the European Union, you represent and warrant that (x) you have the authority to bind that Entity to these Terms and (y) such Entity agrees to be bound by these Terms.
When placing a Preorder for a Forme, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. FORME Life shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You may update your information at any time prior to your product being shipped by sending an email to email@example.com.
You will be charged a fee of $150 (the “Pre-Order Fee”) when you place your Pre-Order with us. Placing a Pre-Order with us constitutes your express agreement to be charged the Pre-Order Fee using your provided payment method. Your payment will be held by FORME Life in a separate account designated solely for Pre-Orders and released for application towards the final sales price of the Forme when you execute the Final Sales Agreement.
5. No Guarantee of Shipping Date
You are pre-ordering a Forme that will be produced for you in the future and your priority will be set by the date of payment on your Pre-Order. The actual date for shipping for any accepted Pre-Order will depend on a variety of factors, including the date of payment on your Pre-Order, our manufacturing schedule, and the execution of the Final Sales Agreement. There is no guarantee as to the shipping date based on your Pre-Order.
6. Cancellation / Refund
You may cancel your Pre-Order and receive a full refund at any time by sending an email to firstname.lastname@example.org from the address you used to make the pre-order. You will receive your refund within approximately 3 business days. FORME Life promotional items, if any, received at the time of Pre-Order are yours to keep even after cancellation.
7. Configuration of the Forme and Product Specifications
You understand that we may not have completed the development of the Forme or begun manufacturing the Forme at the time of your Pre-Order. You further understand that the Forme’s capabilities and other available features at the starting price have not yet been determined. By agreeing to these Terms, you represent and warrant to us that you understand that the Forme configuration may change prior to execution of the Final Sales Agreement.
9. Force Majeure
Your Pre-Order does not create liability for FORME Life or you for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
10. Entire Agreement, Modification and Severability
We reserve the right, at our discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Pre-Order.
You may not assign your rights under these Terms (or your Pre-Order) without our express prior consent.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL FORME LIFE BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR PRE-ORDER, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR PRE-ORDER FEE.
13. Applicable Law and Class Action Waiver
These Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the State of California. FORME Life and you agree that the state and federal courts located in California have exclusive jurisdiction to settle any dispute, controversy or claim arising from or connected with these Terms. FORME Life and you consent to the jurisdiction of the California courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM FROM OTHER CURRENT OR FORMER USERS OF THE SITE OR OTHERWISE RELATED TO THE FORMES OR ANY OTHER PRE-ORDERS. NO CLAIM BROUGHT UNDER THIS AGREEMENT SHALL PROCEED AS A CLASS ACTION.
FURTHER, YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. YOU AGREE THAT WE MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG US TO IRREVOCABLY WAIVE TRIAL BY JURY AND THAT ANY ACTION OR PROCEEDING WHATSOEVER BETWEEN US RELATING TO THESE TERMS SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.