Product Terms & Conditions

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES OF THE BOUT BAG. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING, USING OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 15 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT.

DEFINITION
“Pow-R Productions LLC ” as used herein means Pow-R Productions LLC  and any of its affiliates or business partners.

HIGH-RISK ACTIVITY
Products sold by POW-R PRODUCTIONS LLC namely the Bout Bag and including equipment and gear used in boxing, martial arts, mixed martial arts, yoga, fitness, weight training, kick-boxing, and demonstration. Participation in any of these activities is a high-risk sports activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.

ASSUMPTION OF THE RISK
By buying, using, providing, or allowing the use of the Bout Bag and any other products sold by POW-R PRODUCTIONS LLC, you understand and agree that boxing, martial arts, mixed martial arts, yoga, fitness, weight training, kick-boxing, and demonstration are high-risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of POW-R PRODUCTIONS LLC including but not limited to equipment malfunction from whatever cause, or any other fault of POW-R PRODUCTIONS LLC. Additionally, you agree to indemnify, defend and hold POW-R PRODUCTION LLC harmless from any third party claims arising from such High-Risk Activities or any other POW-R PRODUCTIONS LLC product.

DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS
Before you allow others to use a POW-R PRODUCTIONS LLC product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions of Sale or Use, (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or another personal injury, and (c) you agree to indemnify, defend, and hold POW-R PRODUCTIONS LLC harmless from any claims made by them arising from their use of POW-R PRODUCTIONS LLC products.

LIMITED REPLACEMENT WARRANTY
POW-R PRODUCTIONS LLC warrants its products to be free from defects in materials and workmanship for a period of 12 months days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. POW-R PRODUCTIONS LLC'S sole liability is limited to repairing or replacing products that are returned within this 12 month period unless specific product literature specifies otherwise.

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

LIMITATION OF LIABILITY
As set forth above under the limited warranty provisions, POW-R PRODUCTIONS LLC'S liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall POW-R PRODUCTIONS LLC'S liability exceed the value of the products sold. POW-R PRODUCTIONS LLC shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, or otherwise, including but not limited to its retail showroom. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.

WARNING
Use and misuse of products sold through POW-R PRODUCTIONS LLCs websites, or otherwise, including but not limited to its retail showroom, involves serious risks including injury, disability, and death. Purchasers, users, and participants assume all risks of injury. POW-R PRODUCTIONS LLC cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through POW-R PRODUCTIONS LLC'S websites, or otherwise, including but not limited to its retail showroom.

INSPECT BEFORE EACH USE
This product must be inspected for use to ensure it has not damaged in shipment. If damaged, do not use and immediately return the product to POW-R PRODUCTIONS LLC for a replacement.

GENERAL DISCLAIMER
Product descriptions, typographic, pricing, and photographic errors are unintentional and subject to correction. We regret but are not liable for such errors. POW-R PRODUCTIONS LLC reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error on our website or catalog, please let us know.

APPLICABLE LAW AND ARBITRATION OF DISPUTES
Your order from POW-R PRODUCTIONS LLC shall be governed in all respects by the laws of the State of CALIFORNIA, the U.S. If the amount in controversy does not exceed the amount allowed in the Small Claims Division of the District Court in Los Angeles county, you agree that Court has jurisdiction and venue, and you agree to resolve the dispute in that Court. You agree that any dispute or controversy arising out of or relating to the purchase of goods from POW-R PRODUCTIONS LLC exceeding the amount allowed in the Small Claims Division shall be resolved exclusively and finally by arbitration subject to the provisions of the Uniform Arbitration Act as enacted in California. Such arbitration shall occur in Los Angeles County California before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. Any cause of action or claim you may have with respect to the purchase of POW-R PRODUCTIONS LLC products or any other claim related to the use of products sold through its websites or otherwise, including but not limited to its retail showroom, must be commenced within one (1) year after the claim or cause of action arises. POW-R PRODUCTION LLC’s failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.

NOTICE OF DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
The terms and conditions of all sales by POW-R PRODUCTIONS LLC provide that all disputes between you and POW-R PRODUCTIONS LLC will be resolved by BINDING ARBITRATION.
You GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract except for matters that may be taken to THE SMALL CLAIMS COURT OF LOS ANGELES COUNTY, CALIFORNIA.

 

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.  Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
FOR MORE DETAILS, SEE “APPLICABLE LAW AND ARBITRATION” ABOVE.