Terms of Use

Last updated: November 8, 2023

1. Who we are

Fireside Saunas, LLC (also referred to as Fireside Saunas) is a privately owned and operated business located near Litchfield Minnesota. We provide mobile sauna rentals to central Minnesota within 40 miles of our business address.
Business address: Fireside Saunas, LLC 17437 MN HWY 22 Litchfield, MN 55355
Website address: https://www.firesidesaunas.com

2. Our Address

Fireside Saunas, LLC
17437 MN HWY 22
Litchfield, MN 55355

FireSideSaunas.com

3. Customer Support

Customer support email address: info@firesidesaunas.com

4. Purchase Currency

At this time we only accept the US Dollar.
Online payments are processed securely by our online payment processor, we do not collect, store, or ask for any payment information ever.

5. Fulfillment Policies

Delivery Policy – We will contact you by email during the booking process to notify you of the expected day and time frame of delivery. On the day of delivery you will be notified by phone of the expected delivery time. At the time of delivery we will schedule the pickup time of the Sauna on the pickup date.

Rescheduling Policy – You may choose to reschedule, free of charge, if you reschedule more than 1 week prior to your scheduled delivery date.

Cancellation Policy – A full refund (minus processing fees) will be issued if cancellation takes place 2 weeks before your scheduled delivery date. If cancellation happens between 1-2 weeks before your delivery date you will be charged a 15% cancellation fee. Cancellations made 1 week or less of the delivery date will be charged a 25% cancellation fee.

Weather Policy – If weather prevents us from delivering the Sauna on your scheduled delivery date you will have the choice of 1. a full refund (minus processing fees) or 2. reschedule your rental to a later available date.

Refund Policy – Refunds will be processed through our online payment processor for the amount of your refund minus processing fees, cancelation fees or any other incurred fees as stated on this page.

Damage Policy – Any damage caused to Fireside Saunas property during your time of rental will be assessed by Fireside Saunas and/or their insurance provider and you will be billed accordingly. Fireside Saunas reserves the right to prosecute to the full extent of the law for any damaged, lost, and/or stolen Fireside Saunas property during your rental.

Excessive Cleaning Policy – Excessive cleaning (cleaning required beyond the normal use of the Sauna) will be assessed by Fireside Saunas and you will be billed accordingly. You as the renter will be required to perform reasonable regular cleaning during rentals longer than one week.

Promotional PricingFireside Saunas reserves the rights to run promotions from time to time. Promotional pricing is only available during promotional time periods.

6. Referral Program

Referral Program – Fireside Saunas reserves the rights to end the referral program at any time. Referral Credits have no cash value and are non-transferable. For every new Fireside Saunas customer you refer that completes a rental you will earn a $50 Referral Credit. Referral Credits are good only towards your future rental of the Sauna from Fireside Saunas. Referral Credits can be combined for a single Sauna rental.

7. Privacy Policy

Information we collect – Fireside Saunas collects only the information required to provide our service and sales. Information you provide to Fireside Saunas include; full name, address, email address, phone number and any other information required for Fireside Saunas to provide you service and sales.

How we use your data we collect – Information collected by Fireside Saunas may be used only by Fireside Saunas to provide you with updates to our services, service scheduling, promotions, etc. If you do not wish to receive promotional communications from Fireside Saunas you may opt-out at any time by emailing info@firesidesaunas.com however, you will no longer be notified of upcoming events, promotional price, etc.

Payment information – Payment information is not collected or stored by Fireside Saunas. Payments made to Fireside Saunas are processed through our secure online payment processors.

Who we share your data with – Fireside Saunas does not share or sell any information you provide to us ever*. *The only exception is when required by law.

8. No warranties

We provide FiresideSaunas.com, Fireside Saunas IP and Fireside Saunas Products and Services “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Fireside Saunas or obtained by you from or through the FiresideSaunas.com website – whether from Fireside Saunas or another entity, and whether oral or written – creates or implies any warranty from Fireside Saunas to you.

Fireside Saunas disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through FiresideSaunas.com; (b) that the Fireside Saunas Products or Services will meet your specific needs or requirements; (c) that the FiresideSaunas.com website will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Fireside Saunas will correct any defects or errors on the FiresideSaunas.com website; or (e) that FiresideSaunas.com is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through Fireside Saunas.com is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

9. Limitation of liability

Under no circumstances will Fireside Saunas be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use FiresideSaunas.com or for the unavailability of FiresideSaunas.com, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of FiresideSaunas.com, even if such damages are foreseeable, and whether or not you or Fireside Saunas has been advised of the possibility of such damages. Fireside Saunas is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of FiresideSaunas.com or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Fireside Saunas further denies responsibility for all liability and damages to you or others caused by (a) your access or use of FiresideSaunas.com inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with FiresideSaunas.com; (c) any bugs, viruses, or other harmful code that may be transmitted to or through FiresideSaunas.com; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by Fireside Saunas in relation to FiresideSaunas.com, Fireside Saunas IP, and Fireside Saunas Products and Services, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Fireside Saunas during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

10. Disputes

a. Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms of Use, but specifically excluding any dispute principally related to either party’s intellectual property (which such dispute will be resolved in litigation before the United States District Court for the Minnesota Eighth Judicial District), will be determined by arbitration in Litchfield, Minnesota before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs). Where no party’s claim exceeds $25,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of Minnesota, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the Minnesota Eighth Judicial District to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. ยงยง 1-16) will govern any arbitration conducted pursuant to these Terms of Use.

Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.

b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Use will affect the right of any party to serve process in any other manner permitted by law.

c. Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms of Use or any of the transactions contemplated between the parties.

d. Provision of an Award: Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of Minnesota. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in Litchfield, Minnesota. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.

e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Use, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.

f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.

g. Conflict of Rules: In the case of a conflict between the provisions of this Section 10 and the rules governing arbitration identified in Section 10.a, the provisions of this Section 10 will prevail. If any provision of these Terms of Use to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all the other provisions will remain valid and enforceable.

11. Applicable law

By using FiresideSaunas.com, you agree that the laws of the state of Minnesota, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Fireside Saunas.

12. Modification and severability

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of FiresideSaunas.com by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.