Last Updated: March 20, 2025
Please read this Liability Disclaimer carefully before using any OHM Fitness products or services.
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Assumption of Risk

By using the OHM Fitness EMS suit, battery, and related accessories (collectively, the "Equipment"), the user acknowledges and assumes all risks associated with its use. The EMS suit delivers electrical muscle stimulation, which may not be suitable for all individuals. Users are responsible for consulting a qualified healthcare professional before using the Equipment, particularly if they have any pre-existing medical conditions, including but not limited to:

• Cardiovascular issues
• Neurological disorders
• Implanted medical devices (e.g., pacemakers)
• Pregnancy
• Epilepsy or seizure disorders

Proper Use and Safety Guidelines

Users must operate the Equipment strictly in accordance with OHM Fitness's official documentation, including the EMPower System User Manual. Failure to follow safety guidelines may result in injury, property damage, or malfunction. Users expressly acknowledge that:

• The battery must be used, stored, and charged per manufacturer guidelines. Improper charging or exposure to extreme temperatures may pose a fire or explosion risk.
• The EMS suit should not be worn during sleep, while driving, or in any situation where loss of control could cause harm.
• The Equipment must not be modified, repaired, or tampered with by unauthorized persons.

Limitation of Liability

OHM Fitness, its affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from:

• Misuse, improper handling, or unauthorized modifications of the Equipment.
• Adverse physical reactions or medical complications resulting from Equipment use.
• Electrical hazards, battery malfunctions, or fire risks due to improper charging or storage.
• Unauthorized third-party repairs, accessories, or modifications applied to the Equipment.

Indemnification

The user agrees to indemnify, defend, and hold harmless OHM Fitness and its affiliates from any claims, liabilities, damages, or costs (including attorneys' fees) arising from:

• Personal injury or health complications due to use or misuse of the Equipment.
• Failure to comply with safety instructions and manufacturer guidelines.
• Damage to personal property resulting from Equipment use.

No Warranty or Guarantee of Results

The OHM Fitness EMS suit is intended for fitness and wellness purposes only. OHM Fitness does not guarantee any specific fitness results or health benefits. Individual experiences may vary based on proper usage, consistency, and other personal factors.

"AS IS" and "AS AVAILABLE" Disclaimer

The Equipment and related services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind. To the maximum extent permitted by law, OHM Fitness disclaims all express, implied, statutory, or other warranties, including but not limited to merchantability, fitness for a particular purpose, title, and non-infringement. OHM Fitness does not warrant that:

• The Equipment will meet user requirements or intended results.
• The Equipment will operate without interruption, errors, or defects.
• Any errors or defects can or will be corrected.
• The Equipment or related services are free from harmful components such as viruses or malware.

Some jurisdictions do not allow certain warranty exclusions or limitations on consumer rights, so some provisions may not apply to you. These exclusions and limitations will be enforced to the greatest extent permitted by applicable law.

Governing Law

This Liability Disclaimer is governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to conflict of law principles. Your use of the Equipment may be subject to additional local, state, national, or international laws.

Dispute Resolution

In the event of any dispute regarding the Equipment or related services, you agree to first attempt to resolve the issue informally by contacting OHM Fitness before pursuing formal legal action.

Severability and Waiver

• Severability: If any provision of this disclaimer is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
• Waiver: Failure to enforce any provision of this disclaimer shall not constitute a waiver of that provision or any other rights under this agreement.

Acknowledgment and Agreement

By using the OHM Fitness EMS suit and related equipment, you acknowledge that you have read, understood, and agreed to this liability disclaimer. If you do not agree, do not use the equipment.

This disclaimer is subject to change at OHM Fitness’s discretion.