PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ASSEMBLING YOUR PURCHASES.
BY OPENING, ASSEMBLING, OR USING THIS PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS CONDITIONS. IF YOU ARE MAKING A PURCHASE ON BEHALF OF ANOTHER PERSON, YOU AGREE THAT YOU ARE MAKING THE PURCHASE AS THEIR AGENT.
! IMPORTANT NOTICE !
THE BELOW CONDITIONS INCLUDE AN EXCLUSION OF LIABILITY AND YOUR ASSUMPTION OF RISK
PLEASE READ CAREFULLY, AS THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS
The following conditions of sale (“Conditions”) will apply to and bind you as the purchaser of any Vuly consumer product within the United States.
AMERICAN PLAY LLC EIN 99-2968094, including its employees, directors, and agents (collectively “Vuly”) as supplier of trampolines and accessories (“Product”), sells all Product subject to the following conditions:
1. Vuly is not liable to you the customer, your dependents, or legal representatives (collectively “You” or “Your”) for personal injury or death suffered by You because:
(a) The Product was not installed in accordance with the Vuly instruction manual. It is Your responsibility to check all boxes and confirm all components are included and in the correct condition before installation takes place.
(b) The Product was not installed with due care and skill by You or a third-party assembly service that specializes in the installation of the same or similar consumer products in compliance with the applicable standards, including safety standards.
(c) The Product was not in the same condition as when the Product was supplied, due to wear and tear, including but not limited to, weather damage, deterioration of the net, spring stretch, UV deterioration, and/or rust.
2. AUTHORIZED USE OF PRODUCT
Your Product is designed exclusively for private residential outdoor use unless otherwise stated. You agree to:
• Read and follow all manuals, warning labels, and safety instructions; • Install and maintain the Product as instructed; • Provide active adult supervision at all times during use; • Use the Product only for its intended recreational purpose; and • Ensure users comply with all posted safety requirements (e.g., age, weight, occupancy, etc.). Failure to follow instructions increases risk of injury.
3. SAFETY COMPLIANCE REQUIREMENT
You agree to install and use the Product only after reviewing:
- • All warning labels; • Assembly and installation instructions;
- • Safety notices provided on the Vuly U.S. website;
- • Recommended use-zone and surfacing guidelines; and
- • Regular inspection and maintenance instructions.
Failure to comply may void warranty coverage to the extent permitted by law.
4. CUSTOMER RESPONSIBILITIES
You must supervise all users of the Product and ensure any user follows all applicable safety guidelines. You must adhere to all product maintenance recommendations, and inspect the Products before each use. Vuly directs You to our website for Maintenance, Safe Installation and Safe Use Videos: www.vulyplay.com/safetytips.
5. RISK WARNING. USE OF THE PRODUCT INVOLVES A SIGNIFICANT RISK OF A PARTICIPANT SUFFERING PERSONAL INJURY, INCLUDING THE POSSIBILITY OF SERIOUS INJURIES, PERMANENT DISABILITY, OR DEATH. THESE RISKS CAN BE REDUCED BY FOLLOWING ALL SAFETY INSTRUCTIONS, WARNINGS, SUPERVISION REQUIREMENTS, INSTALLATION GUIDELINES, AND INSPECTION PROCEDURES. IT IS IMPERATIVE THAT YOU TAKE PROPER PRECAUTIONS PROVIDED IN THESE RESOURCES AND DO NOT IGNORE THEM.
6. ASSUMPTION OF GENERAL RISKS. YOU ACKNOWLEDGE THAT USING THE PRODUCT CAN BE DANGEROUS WITH MANY INHERENT RISKS AND HAZARDS, AND AS A CONSEQUENCE, PERSONAL INJURY AND SOMETIMES DEATH MAY OCCUR. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME AND ACCEPT ALL SUCH RISKS, AND WAIVE THE RIGHT OF ACTION AGAINST AND FULLY RELEASE VULY FOR LOSS, DAMAGES, PERSONAL INJURY, OR DEATH IN ANY WAY WHATSOEVER CAUSED BY OR RELATING TO YOUR PARTICIPATION IN SUCH ACTIVITIES, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY NEGLIGENT OR TORTUOUS ACTS OR OMISSION, BREACH OF DUTY, BREACH OF CONTRACT, OR BREACH OF STATUTORY DUTY ON THE PART OF VULY.
7. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VULY IS NOT LIABLE FOR INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE PURCHASE OR USE OF THE PRODUCT. VULY’S TOTAL LIABILITY SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE PRODUCT. NOTHING IN THESE CONDITIONS OF SALE LIMITS OR EXCLUDES LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY AN ALLEGED PRODUCT DEFECT OR FOR PERSONAL INJURY WHERE SUCH LIMITATION IS PROHIBITED BY STATE LAW.
8. LIMITED WARRANTY
Vuly Products sold in the United States are covered by Vuly’s U.S. Limited Warranty, available on its website and provided with the Product. The Limited Warranty covers defects in materials and workmanship for the stated period, applies only to residential outdoor use, contains limitations on implied warranties as permitted by federal and state law, contains limitations on incidental and consequential damages, and provides additional rights that vary by state. These Conditions of Sale do not modify the Limited Warranty.
9. WEBSITE AND PRODUCT INFORMATION
Specifications, safety instructions, videos, photographs, installation guides, and product features on Vuly’s website are subject to change without notice.
10. GOVERNING LAW
The Agreement and any dispute, claim, or controversy arising out of or relating to the Product, its purchase, or its use shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to conflict-of-laws principles that would result in the application of the laws of any other jurisdiction. However, if the laws of Your state of residence provide mandatory consumer-protection rights that cannot be waived by contract, those mandatory rights remain applicable and are not displaced by this governing-law clause. This governing-law provision does not limit or exclude any rights that cannot be waived under applicable state consumer-protection laws, override mandatory warranty rights provided by the state where You reside, or apply to personal-injury, wrongful-death, or property-damage claims arising from alleged defects of the Product.
11. NO WAIVER OF CONSUMER RIGHTS
Nothing in these Conditions is intended to waive any rights that cannot legally be disclaimed pursuant to applicable laws in Your state, including those under federal or state consumer-protection laws, any implied warranty, any right to pursue product-defect or personal-injury claims, or any rights of minors.
12. SEVERABILITY
If any portion of these Conditions is found unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
