Give your valuable equipment a wellness plan

Extend the life of your Precor equipment and minimize downtime. With our preventative maintenance plans, our certified experts will perform regular and thorough cleaning, testing and calibration.

There are many reasons to purchase a preventative maintenance plan—here are just a few:

• Choose customized plans that fit your needs and budgets, and schedule service at convenient times for you.
• Preventative maintenance extends the life of your equipment.
• Preventative maintenance ensures your warranty coverage won’t be voided due to improper maintenance.
• Preventative maintenance reduces downtime, and that means your exercisers have a better experience.
• Our technicians are factory-trained and certified to perform comprehensive maintenance.
• We’ll give you a detailed diagnostic report after every preventative maintenance visit.

The customer named on the Service Order (“Customer”) and Precor Incorporated (“Contractor”) agree that these terms and conditions constitute the agreement (the “Agreement”) for the provision of the Services selected by Customer and designated on a Service Order. Services may include Monthly, Quarterly, Semi-Annual or Annual Preventative Service (each a “Service” and collectively “Services”). The terms and conditions in the “GENERAL TERMS AND CONDITIONS” section below are applicable to all Services. Hereinafter, Customer and Contractor may be referred to individually as a “Party” or collectively as the “Parties”. The Parties wish to reduce their agreements to writing and hereby acknowledge and represent that they each have the authority to bind themselves legally to this document.

The Parties agree as follows:

1. Services: “Service(s)” may include Monthly, Quarterly, Semi-Annual or Annual Preventative Maintenance Services, as selected by Customer and designated on a Service Order. Subject to the terms and conditions set forth in this Agreement, Contractor shall perform the applicable services detailed in the Preventative Maintenance Schedule attached as Exhibit A on the Equipment listed in one or more Service Orders executed by and between the Parties.Customer acknowledges and agrees that Contractor may appoint one or more sub-contractors to perform any of the Services set forth in this Agreement; provided, any such sub-contractor shall at all times perform the Services in accordance with the terms and conditions set forth herein.
2. Other Services: Any parts required to repair any piece of Equipment or any additional services in excess of the Services set forth above will be at an additional cost to this Agreement. Any and all additional costs for parts, repairs, or services, however, must be approved in writing by Customer prior to Contractor’s performance of any such additional repairs or services.
3. Compensation: Customer agrees to pay Contractor the service fees set forth in any Service Order (“Fees”). Customer shall pay the Fees within thirty (30) days of the date of invoice from Contractor.
4. Term: This Agreement will commence on the Effective Date and will continue in full force and effect for a period of one (1) year. Notwithstanding the above, either Party may terminate this Agreement with or without cause, and without penalty, at any time upon not less than thirty (30) days prior written notice to the other Party. Customer agrees to pay Contractor for all Services performed by Contractor through the date of termination.

General Terms and Conditions

This Agreement is subject to the following terms and conditions:

1. This Agreement and any Exhibit or fully executed Service Order attached hereto represents the entire and integrated agreement between the Parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Customer and Contractor.
2. Contractor agrees to perform the Services set forth in this Agreement in a proper and expeditious manner and in accordance with good industry practice. Contractor shall not be responsible for failure to render the Services for causes beyond its control, including strikes and labor disputes.
3. Contractor shall comply with all applicable codes, laws, rules and regulations of federal, state or local authorities as they affect performance of its Services. Contractor shall be responsible for any and all damages incurred by Customer resulting from Contractor’s failure to comply with said codes, laws, rules and regulations. Contractor shall procure, at its expense, all permits and licenses which may be required to perform its Services.
4. Contractor shall be responsible to the Customer for acts and omissions of the Contractor’s employees and any other persons or entities performing portions of the Services for or on behalf of the Contractor.
5. Contractor shall indemnify, defend and hold harmless the Customer from and against claims, damages, losses and expenses, including but not limited to attorney fees, arising out of or resulting from performance of the Services, including without limitation claims, damages, losses or expenses attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Services itself), provided however, such claim is not the result of the negligence or willful misconduct of Customer. Customer agrees to provide Contractor with prompt notice of any claim for which it seeks indemnification hereunder and to tender such any such claim to Contractor for Contractor to defend, settle or other reasonably resolve. Nothing herein shall be construed as to relieve Customer of its obligation to perform the regular weekly maintenance on the Equipment or observe the safety guidelines as set forth in the Equipment’s owner’s manuals and assembly guides.
6. At all times Contractor shall carry and maintain in full force and effect, at its sole expense, Comprehensive General Liability insurance in an amount of $1,000,000.00 per occurrence.
7. Contractor agrees that it is engaged as an independent Contractor and that all persons performing Services hereunder are employees, agents or sub-contractors of Contractor. Contractor further agrees that it will be solely responsible for the payment of all taxes and benefits required by law for said employees, agents or sub-contractors, without liability to Customer.
8. Contractor acknowledges that it is solely responsible for all withholding, social security, self-employment, worker’s compensation, unemployment compensation, benefits and any and all other employment taxes and/or considerations generally paid by an employer to an employee. Customer shall in no manner, and for no purpose whatsoever, be responsible for any benefits, taxes, or other considerations or conditions of employment or service for Contractor or its employees.
9. All notices required or permitted hereunder shall be in writing and shall be deemed duly given and received when delivered in person (with receipt thereof), on the next business day after deposit with a recognized overnight delivery service, or on the fifth (5th) day after being sent by United States registered or certified mail (return receipt requested), to the addresses shown on the Service Order if to Customer and to Precor Incorporated, Attn: General Counsel, 20031 142nd Avenue NE, Woodinville, WA 98072 if to Contractor.
10. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The Parties submit to the jurisdiction and venue of the State and Federal Courts in and for the King County, Washington and waives any claim that the same is an inconvenient forum.
11. Duties and obligations imposed by this Agreement and rights and remedies available hereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Customer or Contractor shall constitute a waiver of a right or duty afforded them under this Agreement, nor shall such action or failure to act constitute approval of or acquiescence in a breach hereunder, except as may be specifically agreed in writing.
12. All of the Parties to this Agreement have participated fully in its negotiation and preparation and, accordingly, this Agreement shall not be more strictly construed against any one of the Parties hereto.
13. In the event any term or provision of this Agreement is determined by an appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of the Agreement shall be construed to be in full force and effect. This Agreement is entered into as of the date first written above.