FUJIFILM Professional Services (FPS) Program Terms and Conditions

REV.11.23

The following terms and conditions are applicable to participation in FUJIFILM North America Corporation‘s (“Fujifilm”) FUJIFILM Professional Services Program for FUJIFILM X Series and GFX System digital camera and lens products:

1. Membership Eligibility and Participation.

Only consumers (i) who are legal residents of the United States, the District of Columbia or any U.S. territory, (ii) who are at least 18 years of age at the time of registration, (iii) who have registered at www.RegisterMyFUJIFILM.com, and have signed up for the FPS Program after purchasing at least USD $3,000 in value (based on MSRP value at the time of purchase) of qualifying FUJIFILM X Series and/or GFX System products, (iv) who have paid the required $399 participation fee (plus taxes if and as applicable), and (v) who are accepted by Fujifilm (at its discretion), are permitted to participate in the FPS Program (a “Program Member”). In addition, from time to time, Fujifilm may offer promotional programs with respect to FPS Program membership or may otherwise offer certain complementary FPS Program memberships.  Individuals meeting the conditions and eligibility requirements of any such promotional program or offer will also be “Program Members” hereunder, even if the criteria outlined in (i) – (v) above are not met, provided that the terms and conditions of the applicable promotional program or offer will also apply with respect to any such Program Members.

Qualifying X Series and/or GFX System products registered by a consumer upon purchase of the FPS Program will be “Covered Products” under the FPS Program for the Program Term. In addition, once a consumer is a member in the FPS Program, any additional X Series and/or GFX System digital camera or lens products that that Program Member purchases and registers at www.RegisterMyFUJIFILM.com   may be covered as a “Covered Product” for any remainder of that Member’s applicable Program Term as well.

All qualifying FUJIFILM X Series and GFX System digital camera and lens products which are purchased and registered by a Program Member are eligible to become Covered Products pursuant to the FPS Program, subject to the following exclusions.  The following described products may not receive benefits under the FPS Program, or may receive reduced benefits as determined by Fujifilm pursuant to any given Fujifilm promotional program or offer: Used products, or products that have been repaired or modified, other than by Fujifilm’s Authorized Repair Center Technicians. Refurbished products, unless such products have been refurbished by Fujifilm. Products sent in by a third-party or dealer. Counterfeit Products. Gray market products (i.e. products which were not originally intended by FUJIFILM Corporation and its affiliates for sale within the United States and its territories).

2.  Registration.

Registrants in the FPS Program hereby represent and warrant that all of the information submitted during the registration process is true and accurate and that he or she meets all eligibility requirements required pursuant to these FPS Program Terms and Conditions and/or the promotional program or offer, as applicable. In the event that any information submitted is found to be untrue or inaccurate, Fujifilm may terminate your participation in the Program without a refund of any portion of the paid participation fee, and without further obligation hereunder.  In addition, all Program Members are responsible to keep all registration information up to date, including contact information (mailing address, email address, phone numbers, etc.) so that FPS Program notices (including renewal notices) may be provided. If the contact information is not kept up to date, Fujifilm will not be responsible for notices or other mailings or shipments that are not received.

3. Membership Term.

The initial membership term of the FPS Program is one (1) year from the date of paid membership activation. Fujifilm will contact each Program Member by email roughly 30 days before, and then again roughly 15 days before, expiration of your initial or any renewal membership term to provide you with an opportunity to terminate your participation in the FPS Program before it auto-renews for another membership year at the same participation fee. In the event Fujifilm does not receive a response that the Program Member wishes to cancel, then except as otherwise provided with respect to any given promotional program or offer terms and conditions, the Program Member’s membership in the FPS Program will be automatically renewed for the applicable renewal term and upon renewal, the Program Member’s originally provided credit card or other payment method will be charged the applicable annual renewal fee.  In the event of a declined payment, Fujifilm may reach out to you for an alternative payment method, but if payment is not promptly made, your FPS Program membership will be terminated.  Note that automatic renewal of the FPS Program Membership can be disabled at any time during an active membership term (i.e. prior to the auto-renewal) from the user’s registered account such that your membership will terminate upon expiration of the then-current membership term.  Once a Program Member’s membership has renewed for another year, the membership may only be cancelled as of expiration of the current renewal term.  In no event will any initial or renewal membership fees be refunded, for any reason.

4.   Program Benefits.

The Services and benefits of the FPS Program available to Program Members include: a 1-year extended warranty on any new, qualifying X Series and GFX System gear purchased and registered in a qualifying membership year (or a 90-day extended warranty on any refurbished or C-stock FUJIFILM products, FUJIFILM products purchased from a FUJIFILM dealer loan program, FUJIFILM products previously used as sample or demo units and the like, subject to the terms of any specific Fujifilm promotional program). FPS Program phone number and email for priority customer service and support; A total of Two (2) free “Check and Clean” services on eligible gear, and Fifty Percent (50%) off any additional Check and Clean services during the qualifying membership year (does not include internal cleaning.  Subject to Check and Clean program terms located at https://fujifilm-x.com/en-us/check-and-clean-terms/ Thirty Percent (30%) off expedited repairs Two (2) business day turn around on all services (some exclusions apply) Exclusive access to loaner equipment (certain terms and conditions apply)

5. Termination of Participation Prior to Subscription Expiration.

By registering for the FPS Program, you confirm that you understand and agree that although you can cancel your participation in the FPS Program at any time, you will not under any circumstance be entitled to receive any refund of the paid participation / membership fee from Fujifilm. In the event of your failure to adhere to any of the FPS Program Terms and Conditions, Fujifilm may terminate your participation / membership in the FPS Program without any further obligation to you.

6. FPS Program Repair and Loaned Equipment Terms and Requirements.

A. Warranty and Out of Warranty Repair Service. Warranty repair service on Covered Products will be performed in accordance with the Limited Product Warranty packaged with the Covered Products or otherwise in effect.  Warranty requirements (including providing proof of purchase) must be met in each instance for warranty service.  In addition, FPS Program Members shall receive an extended warranty on all Covered Products for a period of up to one year, subject to the terms of the applicable Covered Product Limited Product Warranty.  The extended warranty will kick in upon expiration of any warranty that was applicable upon purchase, and will continue through the earlier of either (i) expiration of 1 year from its commencement; or (ii) expiration of the Program Member’s FPS Program membership.   The FPS Program Terms and Conditions shall not be construed as a modification, extension or enhancement of the Limited Product Warranty terms applicable to any X Series or GFX System products under any circumstances.

For out of warranty repair service, a repair estimate will be provided for prior approval before any repairs are performed for an FPS Program Member. Repair estimates will be provided via email with a copy provided, or alternatively provided, by regular mail upon request.  If you do not reply to this repair estimate within thirty (30) days of Fujifilm’s receipt of the Covered Product for repair, the Covered Product will be returned to you unrepaired.

Covered Products should be sent in for warranty or out-of-warranty repair service without accessories, and with any applicable SD Card removed. Fujifilm is not responsible for any SD card (or any images, video or other content which may be contained on it) or any accessory which may be provided with any Covered Product in any circumstance. In no event will Fujifilm be responsible to any Program Member for any claims, damages, liabilities, costs or expenses whatsoever relating to an SD card (or content contained thereon) or any accessory (such as straps, battery charges and the like) sent in with a Covered Product for warranty or repair service.  Repair terms and conditions at https://fujifilm-x.com/en-us/repair-terms-and-conditions/ apply to all repairs.

B. Shipping. All Covered Products sent to Fujifilm (whether sent via a Fujifilm provided shipping label or otherwise) must be properly packaged so as to avoid damage during shipping. In addition, Fujifilm recommends that all shipments be tracked to confirm delivery. You assume all responsibility for products shipped to Fujifilm including, without limitation, any liability for damage, theft or loss during shipping, irrespective of whether a Fujifilm provided shipping label was provided. A correct street address (no PO Boxes) within the continental United States or District of Columbia must be supplied for return shipment. All repairs will be returned signature required; it is your responsibility to have someone available to receive returned product. The carrier’s delivery, pick-up and return policies will apply.

C. Equipment Loans During Covered Product Repair. Any requests for loaned X Series and/or GFX System equipment during any period of time a Program Member’s Covered Products are in for repair will be subject to Fujifilm’s approval and its available in- stock inventory. You acknowledge and agree that any provided Loaned Equipment is loaned solely for your use in accordance with these FPS Program Terms and Conditions and other instructions provided by Fujifilm. All Loaned Equipment will be fully operational and in good working condition, but such Loaned Equipment may in various instances include scuffs, scrapes and scratches.  In addition, Loaned Equipment may not be exactly the same as the Covered Product sent in for repair.  No SD Card, battery charger, or other accessories will generally be provided. The Loaned Equipment is owned by Fujifilm at all times and may not be further assigned, sublicensed, loaned, sold, encumbered or otherwise transferred by you to any other person or third party for any reason. You agree to use the Loaned Equipment in accordance with the provided FUJIFILM product manual or instructions. Under no circumstances will you be permitted to perform any maintenance or repair on the Loaned Equipment. If maintenance or repair is necessary, you will be expected to contact Fujifilm for further instructions.

Fujifilm will provide the Loaned Equipment to you via Federal Express or a similar overnight delivery carrier. A prepaid shipping label will be included for your return of the Loaned Equipment.   You are expected to retain all packaging materials originally provided to you in order to ensure proper packing of the Loaned Equipment for return to Fujifilm, and you will be responsible for any damage or loss to the Loaned Equipment incurred during return shipping. You are expected to remove your SD card or any other personal accessories you used with the Loaned Equipment prior to return of the Loaned Equipment, and you acknowledge that Fujifilm shall have no responsibility for any damage or loss to any SD card or personal accessories that are returned to Fujifilm with the Loaned Equipment, or for any images, video or other content on such SD Card.

You acknowledge that Fujifilm reserves the right to recall any item of Loaned Equipment, for any reason, at any time upon notice to you, and in that event you agree to promptly return the Loaned Equipment. Otherwise, you will promptly return the Loaned Equipment upon your receipt of the Covered Product that was sent in for Fujifilm’s repair.  However, at Fujifilm’s option, Fujifilm may require you to return the Loaned Equipment in advance of shipping back your repaired Covered Product, and in that case Fujifilm may retain your applicable Covered Product until such time as you return the Loaned Equipment.   Should any Loaned Equipment not be returned to Fujifilm within seven (7) days of your receipt of the repaired Covered Product, then without limitation, you acknowledge that Fujifilm may charge your provided credit card the original MSRP of the Loaned Equipment in new condition. You agree to timely return the Loaned Equipment as directed by the terms above, in good condition, reasonable wear and tear excluded.

You agree to protect the Loaned Equipment against shock, impact, water damage, sand, dirt, and other harmful substances which may cause damage to the Loaned Equipment, and other situations and climates that may cause damage to the Loaned Equipment. You acknowledge that you will bear all risk of loss or damage to the Loaned Equipment while in your possession and until its return to Fujifilm, including any damage caused by improper packaging of the Loaned Equipment for its return as noted above. You agree to reimburse Fujifilm for the cost of any repairs to, or replacement of, the Loaned Equipment necessitated by damage to the Loaned Equipment while on loan, including any damage or loss caused by theft, improper use, or improper packaging of the Loaned Equipment for its return. You authorize Fujifilm to charge your credit card for any charges owed due to loss or damage to the Loaned Equipment. Failure to return the Loaned Equipment will result in a charge equal to the full retail replacement value of the Loaned Equipment at MSRP, as determined by Fujifilm.

You acknowledge and agree that the Loaned Equipment is loaned to you without any warranty and “AS IS”. THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE USE OR PERFORMANCE OF THE LOANED EQUIPMENT, AND ANY AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUJIFILM SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BY WAY OF EXAMPLE ONLY, LOST PROFITS, ECONOMIC LOSS, LOST OPPORTUNITY, COST OF COVER, DAMAGE TO REPUTATION OR GOODWILL), ARISING OUT OF THE PROVISION, USE OR INABILITY TO USE ANY LOANED EQUIPMENT.

7.  Force Majeure.

In the event Fujifilm is unable to carry out the FPS Program services at any time by reason of strike or labor issues, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, utility issues, the threat of terrorist activities, supply shortages, carrier or transportation issues, pandemic, epidemic, or contagious disease or health condition circumstances (or the mandates, warnings, advisories, recommendations or requirements of federal, state or local government authorities relating thereto), or any other causes that are beyond the reasonable control of Fujifilm without its fault or negligence (a “Force Majeure” event), Fujifilm will give you notice as soon as commercially practicable advising you of the Force Majeure event and the reasons for the delay or non-performance in services, and make all commercially reasonable efforts to resume performance as soon as possible.  In no event will a refund be issued due to any FPS Program services or benefits which are curtailed, delayed or not provided due to a Force Majeure event.

8. Modifications to the FPS Program.

The FPS Program may be changed or terminated by Fujifilm at any time by posting updated FPS Program Terms and Conditions on the FPS Program website, or by otherwise notifying Program Members by email, mail, or other delivery means. In the event that Fujifilm terminates the entire FPS Program with 4 months or less of the initial or any renewal term remaining, there will be no refund of any remaining portion of the paid participation fee.

9. Non-Transferability.

The FPS Program membership is personal to the specifically registered Program Member.  No Program Member shall be permitted to transfer or assign his or her membership in the FPS Program to any other person or third party at any time.  Any attempted assignment or transfer of a FPS Program membership shall be void and of no force or effect, and Fujifilm will not recognize any such assignment or transfer.

10.  General Terms.

The FPS Program and these FPS Program Terms and Conditions shall be governed by the laws of the State of New York and any dispute arising hereunder will be resolved in accordance with the laws of the State of New York without reference to its conflict of laws principles. These FPS Program Terms and Conditions shall not be amended or otherwise modified except in a writing authorized by Fujifilm’s authorized senior management (email or website postings being acceptable). In the event any of these Terms are held to be invalid or otherwise unenforceable by a court of competent jurisdiction, such term (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be deleted, while the remaining provisions of these Terms will remain in full force and effect.  Any waiver of any breach or failure to enforce any of these FPS Program Terms and Conditions shall not in any way affect, limit or waive Fujifilm’s right thereafter to enforce and compel strict compliance with every term and condition hereof. In no event will Fujifilm be responsible for direct, indirect, special, incidental, or consequential damages by reason of or in connection with the FPS Program or any FPS Program membership issued or registration submitted (including without limitation, cover damages, cost or substitute services, lost profits, lost opportunities, loss of use, lost efficiencies or synergies, economic loss, administrative or overhead expenses, or damage to reputation or goodwill) even if apprised of the likelihood of such damages and irrespective of the nature of the claim asserted.  These FPS Program Terms and Conditions, together with and any other document Fujifilm may designate from time to time as part of the FPS Program, constitutes the entire agreement relating the FPS Program and supersedes all prior and contemporaneous agreements or representations, written or oral, of the parties pertaining to such subject matter.