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Wahoo Fitness KICKR RUN Deposit Agreement

This Wahoo Fitness Deposit Agreement (“Agreement”) provides the terms and conditions of our deposit process (“Deposit”) for the KICKR RUN (the “Product”). Please review this Agreement carefully and if you object to any of the terms of this Agreement, do not place a Deposit and do not check the “Agree” box at checkout

1. Deposit Process. To reserve the next available KICKR RUN unit, place a $500 deposit (the “Deposit”) online on our website Deposit page. By placing a Deposit, you understand that you are not ordering or purchasing the Product and that placing a Deposit does not guarantee you a Product delivery. Once you place a Deposit, you are put in a queue of Deposits based on when the orders were placed. To guarantee delivery of the Product, you must choose to convert your Deposit to a Final Order (“Final Order”) when you receive notification that the Product is available. We will contact you via e-mail, text message, and phone call when the Product is available, to communicate delivery timelines, and to give you the opportunity to convert your Deposit to a Final Order (the “Confirmation Message”). You will have five days after the Confirmation Message is sent to convert your Deposit to a Final Order by paying the remainder of your balance owed on the Product, including any shipping and taxes. If you choose to convert your Deposit to a Final Order your Final Order will be subject to Wahoo’s Terms of Service. Your Deposit guarantees (1) that you will pay no more for the Product than the price included on Wahoo’s website at the time you placed your Deposit and (2) the next available Product ready based upon your position within the queue of Deposits, at the time your deposit is placed. Unless otherwise indicated, the Product price does not include shipping fees or any applicable government fees and taxes.

2. Product Specifications, Configuration, and Warranty. The Product features included on the Product page are generally representative of the Product features that will be included in the Product but all the Product features may not be final until the time the Final Order is placed. By agreeing to these Terms, you represent and warrant to us that you understand that Wahoo Fitness may change the Product features before converting your Deposit to a Final Order. The Product will be subject to Wahoo Fitness’ Return and Warranty Policy.

3. No Purchase Requirement. Your Deposit does not require you to complete a purchase of the Product. You may cancel your Deposit at any time as described in Section 8 below Additionally, if you do not convert your Deposit to a Final Order as described in Section 1 above, your Deposit will be treated as canceled.

4. Our Right to Decline or Cancel Deposit. Wahoo Fitness, at its sole discretion, may decline or cancel your Deposit at any time, for any reason. You will be notified by email if your Deposit is declined or canceled, and your Deposit will be refunded if it has already been processed.

5. Wahoo’s Right to Modify or Cancel the Deposit Process. Wahoo Fitness reserves the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of the Deposit process without any prior notice or obligation to you.

6. Deposit Eligibility and Wahoo Product Terms. By accepting the terms of this Agreement you represent and warrant that you: (i) are at least 18 years of age; (ii) are ordering the Product from, and having the Product delivered to, a billing/shipping address within the contiguous United States (iii) are not currently restricted from using the Wahoo Fitness services and are not otherwise prohibited from having an account related thereto; (iv) will only maintain one Wahoo Fitness Service account at any given time; (v) will only provide accurate information to Wahoo in relation to your purchase and use of the products; (vi) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (vii) will not violate any rights of Wahoo or a third party; and (viii) will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of Wahoo products and Services, including those relating to data privacy, international communications and the transmission of technical or personal data.

7. Your Contact Information. In order to complete the Deposit process, you will be required to provide information such as your email, address, telephone number, and billing information. You represent and warrant that all such information is accurate. It is your responsibility to ensure that such information is entered correctly and kept current. Wahoo will 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. Moreover, Wahoo shall have no liability for your failure to receive the Confirmation Message due to your spam, junk e-mail or other security settings or for your provision of incorrect or otherwise non-functioning contact information. You can update your information at any time by contacting Wahoo Customer Support. Any personally identifiable information that you provide in connection with your Deposit will be used in accordance with the terms of the Wahoo Privacy Policy, available at https://www.wahoofitness.com/privacy-policy.

8. Your Right to Deposit Cancellation; Refund; Transfer and Assignment. You may cancel your Deposit at any time before converting your Deposit to a Final Order. To cancel your Deposit, you must fill in all required information in the form linked below (the “Deposit Cancellation Form”). Your Deposit will be returned to you no more than fourteen (14) days after a Deposit Cancellation Form has been received and approved by Wahoo Fitness. Please note that all cancellations are final. You may not transfer or assign your Deposit or any other rights under this Agreement to anyone. Deposits converted into Final Orders can be canceled only under the terms of Wahoo’s returns/warranty policy at the time your Final Order is placed. Please reach out to Wahoo Customer Support if you wish to cancel, or return a Final Order.

9. Force Majeure. Wahoo Fitness will not be liable or responsible to you, or be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of us including, without limitation, acts of God, epidemic, pandemic, 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, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

10. Entire Agreement, Modification and Severability. Wahoo Fitness reserves the right, at our discretion, to change the terms of this Agreement at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of the Agreement 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 Deposit.

11. Limitation of Liability. SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL WAHOO, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (THE “WAHOO PARTIES”) 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 THIS AGREEMENT OR YOUR DEPOSIT, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR DEPOSIT.

12. Dispute Resolution. Any dispute, claim or controversy arising out of or relating to this Agreement (the “Disputes”) will solely be resolved through binding, non-appearance-based arbitration. The party initiating such arbitration shall only initiate the arbitration through an established alternative dispute resolution forum. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.

You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute by certified mail to the attention of Wahoo's Legal Department at the Wahoo Fitness, 90 W. Wieuca Road NE, Atlanta, GA 30342, Attn: Wahoo Legal Department. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within forty-five (45) days after Wahoo's receipt of the Notice of Dispute, then you or Wahoo may initiate arbitration proceedings as set out above.

You and Wahoo agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Wahoo will pay the remaining arbitration fees and costs. For any arbitration initiated by Wahoo, Wahoo will pay all arbitration fees and costs. You and Wahoo agree that the state or federal courts of the State of Georgia and the United States sitting in Atlanta, Georgia have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Wahoo will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the Agreement by emailing legal@wahoofitness.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration with respect to this Agreement.