Date of Last Revision: 06/01/2023

The prAna Pro Program (“Program”) is designed to assist select individuals and organizations who are passionate about their pursuits, demand quality products, and have an affinity for mindful living on the edge. The Program is sponsored by prAna Living, LLC, a wholly-owned subsidiary of Columbia Sportswear Company (“prAna” or “we”). By participating in the Program, you agree to these prAna Pro Program Terms (“Terms”) and to any subsequent updates to the Terms. As a prAna Pro, you’ll receive a discount on our products at prAna.com and at participating prAna retail stores. We hope you’ll use this privilege often to enhance your personal and professional passions.

Eligibility: You must truthfully complete the online application and provide requested documentation to verify you meet the current eligibility criteria, as defined by prAna from time to time.

1. Participation is by application only and all participants must reapply/requalify annually to continue participation.
2. Before submitting documentation, you must remove/mark out personal data such as your Social Security Number, government ID number, etc.
3. The following are not eligible to participate in the prAna Pro Program:
• Political organizations or persons holding elected public office.
• Religious organizations for religious purposes.
• Organizations that discriminate on the basis of race, color, religion, national origin, age, marital status, handicaps, or sexual preference.
• Employees of prAna or its affiliates.
• Any person or organization that prAna otherwise determines is ineligible.

This Discount Is For You: Your prAna Pro discount is for you and you alone. We expect you to respect this access and use this discount exclusively for items you will wear. Any abuse of the Program will result in the termination of your account. Purchase of prAna products for resale is strictly prohibited.

Signing In & Ordering: Simply sign in at www.prana.com using the email address and password that you created when you applied for the Program. If you forgot your password, just click on the “Forgot your password?” link on the Sign In dropdown on prana.com or submit a request by clicking here.

How to Shop at Our prAna Retail Locations: As a prAna Pro, you are able to shop in all participating prAna-owned retail stores and receive the same discount you do online. Immerse yourself in the full retail experience with our amazing retail team by clicking on your account dashboard where you’ll be able to access your Retail Pass.

At the time of retail checkout, prAna Pro’s are required to log in to their Pro account at www.prana.com to show their approved status. Valid picture ID will be required as well.

As you shop in prAna retail stores, please remember you are a part of an exclusive group of trendsetters and adventurers. Very few in-store shoppers will receive a discount of this magnitude, so please be aware of this as you checkout and keep your discount between you and your prAna team member.

Products & Pricing: When logged in to your account on prana.com, you’ll see a discounted price next to the suggested retail price of each item. If you do not see a discounted price, you may not have signed in correctly, so please try again if you want the prAna Pro discount. Items are subject to availability. Suggested retail prices are for reference only for purposes of the Program and may not represent the price the product is offered or sold at. For current retail pricing, please visit a retail store or www.prana.com.

1. Not all products may be discounted or discounted at the same rate.
2. Purchases and online orders are subject to these Terms and the Terms of Sale posted at prAna.com.
3. Program pricing is confidential and may not be disclosed by you to anyone who is not a participant.
4. Your total combined purchases at Program prices may not exceed $3,000 annually.
5. Program pricing and offers may not be combined with any other offer or discount. You will be notified via email of any promotions that are an exception to this rule.
6. Purchase of products for resale is strictly prohibited.
7. Pros are not eligible for free shipping at prAna.com. You will be notified via email of any promotions that are an exception to this rule.

Returns for Purchases Using Your prAna Pro Discount:

1. Any returns or exchanges for purchases made using your prana Pro discount must be made at the same place as the original purchase. So if you purchased online at prana.com, you must return or exchange online. If you purchased at one of our prAna retail locations, you must return or exchange at one of our retail locations.
2. For merchandise returned within 60 days of the purchase date with the original retail receipt or online packing slip, we will issue a refund to the original form of payment at the original selling price. If you return merchandise after 60 days with the original receipt or packing slip, we will issue a merchandise credit at the original selling price. If you do not have proof of purchase, we will issue you a merchandise credit at the lowest selling price, and will need to see your ID to complete the transaction.
3. For online returns, to help ensure your package arrives safely, we recommend using a trackable method of shipping with delivery confirmation.

Media Rights and Publicity: If you provide any images or video to prAna, you grant prAna and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter, adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize, and otherwise exploit your name, photograph, video, likeness, written and other information and materials that you provided in whole or in part, in any manner and for whatever purpose prAna shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to website, television, radio and/or printed materials, worldwide in perpetuity, without further compensation notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use. You represent and warrant that prAna’s use of any images or materials as provided hereunder shall not violate or infringe upon rights of any third parties, including any trademark, patent, copyright or other intellectual property right.

Cancellation, Termination, and Expiration: You may withdraw your participation at any time by emailing your cancellation request to pranacustomerservice@prana.com. Please note that it may take up to four weeks to process your request. prAna reserves the right to reject, suspend or terminate your account, Program access, and outstanding orders at any time, for any reason or no reason, in its sole discretion. Your Program access expires annually. To continue to participate, you must reapply online and provide eligibility verification. Upon cancellation, expiration, or termination, you will no longer have access to the Program and your account may be deactivated.

Communications and Privacy: You may opt out of marketing e-mail communications and still participate in the Program. You can unsubscribe from marketing email communications by visiting www.prana.com/unsubscribe. If you choose to opt out of marketing emails, you will continue to receive communications regarding your participation in the Program and any changes to the Program via email.

If you do not wish to receive our catalogs, please fill out this form with your name and address. Please check the box “Catalog – Remove me from your catalog list” under the submit request to be removed.

The information you provide as a member of the Program will be handled in accordance with these Terms and the prAna Privacy Policy. By enrolling in the Program, you consent to the use of your personal information in accordance with prAna’s Privacy Policy as it may be updated from time to time.

California Notices: Under California law, the Program may be considered a financial incentive. To view our notice of financial incentive, please visit: https://www.prana.com/customer-service/privacy-security/privacy-policy.html#californiaPrivacy

If you are a resident of California, you may exercise your rights under the California Consumer Privacy Act effective January 1, 2020 and still participate in the Program. You may opt out of marketing e-mail communications and still remain a member in good standing. Note that after opting out of marketing e-mails, you will continue to receive communications regarding your participation in the Program and any changes to the Program via email so long as you remain enrolled in the Program, because e-mail is the only source of communication for the Program.

General Terms

1. prAna reserves the right to modify, terminate, amend, limit, or otherwise change these Terms, benefits of the Program, or conditions of participation in the Program, in whole or in part, at any time with or without notice to you. Changes to these Terms will be posted online or emailed to you. If you choose to continue to participate in the Program, you accept the revised Terms.


2. prAna reserves the right to make the Program promotional offers available to select participants only based on purchase activity, geographic location, Program participation, eligibility criteria, or other information supplied by participants.


3. You are responsible for any tax liability related to your participation in the Program and your Program purchases.


4. prAna reserves the right to interpret and apply the policies and procedures communicated in these Terms. All determinations by prAna will be final and conclusive in each case.


5. The Program and these Terms will be governed by and construed under the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without regard to its conflict of law provisions. You agree that any action required to be arbitrated pursuant to these Terms shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.


6. LIMITATION OF LIABILITY.
   
   IN NO EVENT SHALL prAna, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE PRANA PRO PROGRAM. HOWEVER, THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF PRANA’S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW. ANY DISPUTE OR CLAIM BETWEEN YOU AND prAna, ITS AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, DIRECT AND INDIRECT SUBSIDIARIES, AND ANY THIRD PARTY PROVIDING ANY PRODUCTS OR SERVICES TO YOU IN CONNECTION WITH YOUR PURCHASE RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM YOUR PARTICIPATION IN THE PRANA PRO PROGRAM, ANY PRODUCTS SOLD BY PRANA OR THROUGH THE SITES, OR THESE TERMS AND CONDITIONS (INCLUDING THEIR INTERPRETATION, VALIDITY, TERMINATION OR BREACH) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OR THESE TERMS AND CONDITIONS IS VOID, VOIDABLE OR OTHERWISE INVALID.


7. DISPUTE RESOLUTION.
   
   PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND prAna TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND prAna FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND prAna AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. prAna AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
   
   FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.


1. Arbitration Procedure. For any dispute or claim between you and prAna, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in, in each case arising from, relating to, or stemming from your participation in the Program, these Terms, prAna products, or prAna services, or any aspect of the relationship between you and prAna as relates to the Program, these Terms, prAna products, or prAna services, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and prAna agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against prAna, you will first contact prAna by sending a written notice of your Claim (“Claimant Notice”) to prAna by certified mail addressed to prAna at prAna Living LLC, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If prAna asserts a Claim against you, prAna will first contact you by sending a written notice of prAna’s Claim (“prAna Notice”, and each of a Claimant Notice and prAna Notice, a “Notice”) to you via certified mail to the mailing address associated with your account or, if such information is not available, to the primary email address associated with your account, or to other contact information. The prAna Notice must (i) include the name of a prAna contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If you and prAna cannot reach an agreement to resolve the Claim within thirty (30) days after you or prAna receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or prAna first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.


2. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or prAna, including any disputes in which you or prAna seek injunctive or other equitable relief for the alleged unlawful use of your or prAna’s intellectual property or other infringement of your or prAna’s intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 7(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.


3. These Terms affect interstate commerce, and the enforceability of this Section 7 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.


4. All Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:
   
   
   1. YOU AND prAna AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND prAna ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against prAna or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
   
   
   2. For any arbitration you initiate, you will pay the consumer filing fee, and prAna will pay the remaining AAA fees and costs. For any arbitration initiated by prAna, prAna will pay all AAA fees and costs.
   
   
   3. For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (iii) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
   
   
   4. If you or prAna submits a dispute to arbitration and the arbitrator orders any exchange of information, you and prAna agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and prAna agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
   
   
   5. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
   
   
   6. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against prAna or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and prAna understand and agree that when twenty-five (25) or more similar claims are asserted against prAna or you by the same or coordinated counsel or are otherwise coordinated resolution of your or prAna’s Claim might be delayed. For such coordinated actions, you and prAna also agree to the following coordinated bellwether process. Counsel for claimants and counsel for prAna shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or prAna’s case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against prAna or you.
   
   
5. One Year to Assert Claims. To the extent permitted by law, any Claim by you or prAna relating in any way to the Program, these Terms, prAna products, or prAna services, or any aspect of the relationship between you and prAna as relates to the Program, these Terms, prAna products, or prAna services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and prAna will not have the right to assert the Claim.


6. Right to Opt Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out by certified mail addressed to prAna at prAna Living, LLC, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 5.


7. Severability. If any portion of this Section 7 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 7 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 7; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 7 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 7 will be enforceable.



8. The prAna logo and other logos, trademarks, and trade names of prAna are the intellectual property of prAna or its affiliates. These Terms do not give you any rights in or licenses to any prAna intellectual property, and you agree you will not obscure or remove prAna’s name or logos from products purchased through the Program.


9. The failure or forbearance by prAna to exercise any of its rights or remedies with respect to any default or breach of these Terms will not operate as a waiver of any such default or breach, or other subsequent non-performance.


10. If any provision in these Terms is found or held to be invalid or unenforceable, then the meaning of said provision will be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it will be severed from the remainder of these Terms, which will remain in full force and effect.


11. If there is any conflict between these Terms and any other terms or conditions at www.prAna.com or otherwise, to the extent of such conflict, these Terms shall govern. These Terms supersede all previously published Program Terms.

Reminder on Disclosures: We hope you love your prAna products and find yourself in amazing places doing amazing things while wearing prAna. If you are moved to share your love of prAna in social media or anywhere else, keep in mind that the Federal Trade Commission’s Endorsement Guides may require you to include some disclosure regarding your special connection with prAna. You can learn more about the FTC’s Endorsement Guides at https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking.