Terms of service

TERMS OF SERVICE & CONDITIONS OF SALE

Last Updated: 02-19-2026

OVERVIEW

These Terms of Service and Conditions of Sale (“Terms”) govern your access to and use of The Fit Foundry website, online store, products, services, and related features (collectively, the “Website”).

Throughout these Terms, “The Fit Foundry,” “we,” “us,” and “our” refer to The Fit Foundry, doing business as The Fit Foundry.

The terms “you” and “your” refer to any person accessing the Website or purchasing products or services from us.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR PURCHASING ANY PRODUCT. THESE TERMS INCLUDE IMPORTANT PROVISIONS REGARDING PRODUCT SAFETY, WARRANTIES, RETURNS, DISCLAIMERS, AND LIMITATIONS OF LIABILITY.

By accessing or using the Website, creating an account, or placing an order with The Fit Foundry, you acknowledge that you have read, understood, and agreed to these Terms and any policies incorporated into them by reference.

If you do not agree to these Terms, you should not use the Website or purchase products through it.

Nothing in these Terms excludes or limits any statutory consumer rights that cannot lawfully be excluded or limited.

1. WEBSITE USE & ELIGIBILITY

By using our Website or placing an order, you represent that you have reached the age of majority in your jurisdiction and have the legal capacity to enter into a binding agreement.

If you permit another person to use your account or place an order on your behalf, you are responsible for activity conducted through your account to the extent permitted by law.

You are responsible for ensuring that information you provide to us is accurate, complete, and current.

2. PRIVACY

Your use of our Website is also subject to our Privacy Policy, which explains how The Fit Foundry collects, uses, discloses, and protects Personal Information.

Our Privacy Policy is incorporated into these Terms by reference.

3. GENERAL CONDITIONS & PROHIBITED USES

You may use our Website only for lawful purposes.

You must not use or attempt to use the Website to:

  • Violate applicable local, national, or international laws or regulations;

  • Infringe our intellectual property rights or the rights of another person;

  • Submit false, fraudulent, inaccurate, or misleading information;

  • Transmit malware, viruses, malicious code, or other harmful material;

  • Attempt to gain unauthorized access to our Website, servers, accounts, systems, or networks;

  • Circumvent or interfere with Website security features;

  • Scrape, harvest, or collect Personal Information from other users without authorization;

  • Commit or facilitate fraud;

  • Impersonate another person or organization;

  • Harass, threaten, abuse, or unlawfully discriminate against another person;

  • Interfere with the proper operation of the Website; or

  • Use our Website for any other unlawful purpose.

We reserve the right to suspend or terminate access to our Website where we reasonably believe these Terms have been violated.

4. PRODUCTS & AUTHORIZED USE

The Fit Foundry sells fitness equipment, gym machines, exercise accessories, and related products.

Unless otherwise stated on a product page, products are sold for use by the purchaser and are not intended for unauthorized resale or redistribution.

We reserve the right to refuse or limit orders that reasonably appear to have been placed for unauthorized resale, fraudulent purposes, or other prohibited activities.

Residential & Commercial Use

Not every product sold by The Fit Foundry is suitable for commercial use.

Products described as intended for home, residential, or personal use should not be assumed to be suitable for continuous use in commercial gyms, fitness studios, hotels, rehabilitation facilities, schools, apartment gyms, or other high-use environments.

Commercial use of equipment designed exclusively for residential use may affect or void the applicable manufacturer’s warranty.

You are responsible for reviewing the applicable product specifications and warranty before purchase.

5. FITNESS EQUIPMENT SAFETY

EXERCISE AND THE USE OF FITNESS EQUIPMENT INVOLVE INHERENT RISKS OF PHYSICAL INJURY.

Products must be used only for their intended purpose and in accordance with all applicable instructions, warnings, manuals, specifications, and safety information supplied with the equipment.

Before using fitness equipment, you are responsible for:

  • Reading the applicable instructions and safety warnings;

  • Properly assembling and installing the equipment;

  • Checking that bolts, fasteners, cables, pins, safety mechanisms, and other components are properly secured;

  • Ensuring adequate space around the equipment;

  • Ensuring the floor or supporting structure is appropriate for the equipment;

  • Observing all maximum user-weight and load limits;

  • Keeping children and pets away from equipment where appropriate;

  • Inspecting equipment regularly for damage, wear, or loose components; and

  • Discontinuing use if equipment appears damaged, unstable, defective, or unsafe.

Never exceed a product’s stated maximum user weight, resistance, plate capacity, rack capacity, cable capacity, or other load limit.

The Fit Foundry is not responsible for injury or damage resulting from misuse, unauthorized modification, failure to follow instructions, improper installation or assembly, exceeding stated limits, or continued use of visibly damaged equipment, except to the extent such liability cannot lawfully be excluded.

If you are uncertain whether a particular form of exercise or equipment is appropriate for you, seek advice from an appropriately qualified professional before use.

6. ASSEMBLY & INSTALLATION

Many products sold by The Fit Foundry require assembly.

Unless expressly stated otherwise, assembly and installation are not included with your purchase.

You are responsible for assembling and installing products in accordance with the manufacturer’s instructions.

Some large or complex machines may require two or more people for safe assembly. Where recommended by the manufacturer, professional assembly or installation should be used.

Wall-mounted, ceiling-mounted, floor-mounted, or otherwise anchored equipment must be installed into a structure capable of safely supporting the equipment and the forces generated during use.

If you are uncertain whether a wall, floor, ceiling, or other structure is suitable, you should consult an appropriately qualified professional before installation.

Damage or injury caused by improper assembly, improper anchoring, incorrect installation, unauthorized modification, or failure to follow the applicable instructions may not be covered by a warranty and may be excluded from our responsibility to the extent permitted by law.

7. PRODUCT INFORMATION

We make reasonable efforts to ensure that product descriptions, photographs, specifications, dimensions, capacities, features, pricing, and availability displayed on our Website are accurate.

However, minor errors, differences, or omissions may occur.

Product images are generally provided for illustrative purposes. Actual colors, finishes, components, packaging, accessories, or other details may differ slightly due to manufacturing updates, screen displays, photography, or product revisions.

Dimensions and weights may also be approximate unless expressly stated otherwise.

We reserve the right to correct errors, inaccuracies, or omissions and to update product information where appropriate.

If a material error affects an order you have already placed, we may contact you to provide an appropriate solution, including cancellation and refund where applicable.

8. CUSTOMER RESPONSIBILITY FOR DIMENSIONS & ACCESS

Fitness equipment can be large and heavy.

Before purchasing equipment, you are responsible for confirming that the product is appropriate for your intended location.

This includes checking:

  • Product dimensions;

  • Ceiling height;

  • Floor space;

  • Doorway width;

  • Hallway clearance;

  • Stairway dimensions;

  • Elevator dimensions and weight restrictions;

  • Floor load capacity where relevant;

  • Required clearance around the machine;

  • Electrical requirements where applicable; and

  • Any installation or anchoring requirements.

The Fit Foundry is not responsible for a product failing to fit into your intended location where the dimensions or specifications were accurately disclosed before purchase.

Returns resulting from incorrect sizing, insufficient space, or access limitations may be treated as customer-remorse returns under our Refund & Return Policy.

9. PRICES & WEBSITE MODIFICATIONS

Prices, products, promotions, specifications, and availability may change without prior notice.

We reserve the right to modify, suspend, or discontinue products or Website features where permitted by law.

Prices displayed at checkout will govern your order, subject to correction of obvious pricing or technical errors as permitted by applicable law.

Any offer made through the Website is void where prohibited.

10. PAYMENT

Prices and accepted currencies will be displayed on the Website or during checkout.

By providing payment information, you represent that:

  • You are authorized to use the payment method;

  • The information you provide is accurate and complete; and

  • You authorize the applicable amount to be charged in connection with your purchase.

Payments may be processed by third-party payment providers.

Your bank, card issuer, or payment provider may charge additional transaction, currency-conversion, financing, or other fees. Unless caused by us or otherwise required by law, The Fit Foundry is not responsible for fees independently charged by your financial institution.

If a payment is declined, reversed, disputed, or otherwise unsuccessful, we may suspend or cancel the applicable order where permitted by law.

11. ORDER PLACEMENT & ACCEPTANCE

Submitting an order does not necessarily mean that we have accepted it.

After placing an order, you may receive an electronic confirmation acknowledging that your order has been received.

We reserve the right, where permitted by law, to reject or cancel an order because of:

  • Product unavailability;

  • Pricing or Website errors;

  • Suspected fraud;

  • Payment authorization problems;

  • Shipping restrictions;

  • Incorrect or incomplete information;

  • Unusually large quantities or suspected unauthorized resale; or

  • Other legitimate business or legal reasons.

If we cancel an order after payment has been collected, we will refund the applicable amount to the original payment method.

We may contact you for additional information before processing an order.

12. SHIPPING & DELIVERY

Shipping and delivery are governed by our Shipping & Delivery Policy, which is incorporated into these Terms.

Depending on the product, destination, and warehouse availability, orders may be shipped from domestic or international fulfillment locations.

Large gym machines and oversized fitness equipment may require freight delivery.

Unless expressly stated otherwise, freight delivery may be limited to curbside delivery and does not include carrying equipment into your home or business, transporting it upstairs or downstairs, assembly, or installation.

You are responsible for providing an accurate shipping address, telephone number, and other delivery information.

If you discover an error after placing your order, contact:

support@thefitfoundry.com

as soon as possible.

We cannot guarantee that an address or order can be changed after fulfillment has begun.

13. FREIGHT DELIVERIES & INSPECTION

Certain gym machines and other oversized products may be delivered on pallets or through a freight carrier.

Where reasonably possible, you should inspect freight shipments for visible damage before signing the delivery documentation.

If you observe visible damage, you should:

  1. Photograph the shipment and damaged packaging;

  2. Note the damage on the carrier’s delivery receipt;

  3. Retain all packaging and pallets; and

  4. Contact us promptly at support@thefitfoundry.com.

Do not discard damaged equipment, boxes, pallets, or packaging until the claim has been reviewed.

Failure to document visible damage may affect our ability to pursue a claim with the carrier, but nothing in this provision limits rights that cannot lawfully be limited.

14. DELIVERY TIMES

Processing and delivery estimates displayed on our Website or in our Shipping & Delivery Policy are estimates unless expressly guaranteed.

Delivery may be affected by circumstances outside our reasonable control, including carrier disruptions, weather, customs processing, port congestion, transportation interruptions, holidays, remote destinations, and other logistics events.

Where required by applicable consumer law, your statutory rights regarding delayed delivery remain unaffected.

15. RETURNS, REFUNDS & EXCHANGES

Returns, refunds, and exchanges are governed by our Refund & Return Policy, which is incorporated into these Terms.

Unless a different rule applies under mandatory consumer law, eligible return requests generally must be initiated within 30 days of delivery.

Fitness equipment returned because of a change of mind generally must be unused, unassembled, complete, and returned in its original packaging, subject to the full terms of our Refund & Return Policy.

Because fitness machines can be large and heavy, customers may be responsible for substantial return freight costs for customer-remorse returns.

Products that arrive damaged, defective, incomplete, or incorrect will be handled in accordance with our Refund & Return Policy and applicable law.

16. WARRANTIES

Products sold by The Fit Foundry may be covered by manufacturer warranties or product-specific warranties.

Warranty duration and coverage can vary significantly between products.

Where a specific warranty applies, its terms may be displayed on the product page, provided with the equipment, or made available by the manufacturer.

Depending on the applicable warranty, remedies may include:

  • Technical troubleshooting;

  • Replacement parts;

  • Repair;

  • Replacement equipment; or

  • Another remedy specified by the warranty or required by law.

Unless otherwise provided by the applicable warranty or mandatory law, warranties may not cover damage caused by:

  • Normal wear and tear;

  • Improper assembly;

  • Improper installation;

  • Misuse or abuse;

  • Accidents;

  • Failure to perform required maintenance;

  • Unauthorized repairs;

  • Unauthorized modifications;

  • Improper storage;

  • Environmental damage;

  • Exceeding weight or load limits; or

  • Commercial use of equipment designed exclusively for residential use.

Nothing in these Terms excludes statutory warranties, guarantees, or consumer rights that cannot lawfully be excluded.

17. MAINTENANCE & REPLACEMENT PARTS

Fitness equipment contains components that may wear over time and may require inspection, tightening, lubrication, adjustment, maintenance, or replacement.

You are responsible for performing reasonable maintenance in accordance with the manufacturer’s instructions.

Equipment should not be used where cables, belts, pulleys, bolts, bearings, welds, frames, safety pins, electrical components, or other critical parts appear damaged or excessively worn.

Replacement parts may be subject to separate availability, pricing, shipping, and warranty terms.

18. SOCIAL MEDIA

The Fit Foundry may maintain accounts or pages on third-party social media platforms.

Those platforms are operated by third parties and are governed by their own terms and privacy policies.

Statements, comments, reviews, or opinions posted by third-party users do not necessarily represent the opinions of The Fit Foundry.

We reserve the right to moderate content on social media pages we control to the extent permitted by the applicable platform.

19. INTELLECTUAL PROPERTY

Unless otherwise stated, the Website and its contents—including text, graphics, logos, photographs, videos, designs, layouts, product descriptions, icons, software, and other materials—are owned by, licensed to, or lawfully used by The Fit Foundry and are protected by applicable intellectual property laws.

You are granted a limited, revocable, non-exclusive right to access and use the Website for lawful personal purposes.

Without our prior written permission, you may not:

  • Reproduce substantial portions of our Website;

  • Republish our proprietary content;

  • Sell or commercially exploit Website content;

  • Modify or create unauthorized derivative works from our content;

  • Remove copyright, trademark, or proprietary notices;

  • Use our trademarks in a manner likely to cause confusion; or

  • Use automated systems to extract substantial amounts of Website content except where permitted by law.

No ownership rights are transferred to you by your use of the Website.

20. REVIEWS, PHOTOS & USER SUBMISSIONS

We may allow customers to submit reviews, photographs, videos, comments, feedback, suggestions, or other materials (“Submissions”).

You represent that any Submission you provide:

  • Is truthful based on your experience;

  • Does not knowingly contain false or misleading information;

  • Does not infringe another person’s intellectual property, privacy, or other rights; and

  • Does not contain unlawful or malicious material.

By voluntarily submitting content to us for publication, you grant The Fit Foundry a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, adapt, and publish that content in connection with our business, Website, products, marketing, and promotional activities, subject to applicable law.

Where legally required, we will obtain any additional consent necessary for particular uses.

21. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES THAT MAY OTHERWISE BE IMPLIED BY LAW, EXCEPT FOR WARRANTIES, GUARANTEES, OR OTHER CONSUMER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

PRODUCT-SPECIFIC EXPRESS WARRANTIES AND APPLICABLE MANUFACTURER WARRANTIES REMAIN SUBJECT TO THEIR OWN TERMS.

22. FITNESS & HEALTH DISCLAIMER

Products and information provided by The Fit Foundry are intended for general fitness and exercise purposes.

Information on our Website is not medical advice and should not be treated as a substitute for advice from a physician or other appropriately qualified healthcare professional.

Exercise involves risk, and individual abilities and physical conditions vary.

You are responsible for determining whether particular exercises or fitness equipment are appropriate for your circumstances.

If you have concerns regarding your ability to exercise safely, consult an appropriately qualified healthcare professional before beginning an exercise program or using fitness equipment.

Stop exercising and seek appropriate assistance if you experience symptoms that may require medical attention.

23. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FIT FOUNDRY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS.

THIS MAY INCLUDE, WHERE PERMITTED BY LAW, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR SIMILAR INDIRECT LOSS.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including any liability that applicable consumer-protection law does not permit us to exclude or restrict.

Nothing in these Terms should be interpreted as excluding liability for death or personal injury where such liability cannot legally be excluded.

24. MISUSE OF FITNESS EQUIPMENT

To the maximum extent permitted by law, The Fit Foundry is not responsible for injury, property damage, equipment damage, or other loss caused by:

  • Failure to follow manufacturer instructions;

  • Incorrect assembly;

  • Incorrect installation or anchoring;

  • Exceeding stated weight or load capacities;

  • Unauthorized modification;

  • Improper maintenance;

  • Use of damaged or worn equipment;

  • Leaving children unsupervised around equipment;

  • Using equipment for a purpose for which it was not designed; or

  • Commercial use of equipment expressly designated for residential use.

This provision does not exclude responsibility arising from a defective product or other liability that cannot lawfully be excluded.

25. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless The Fit Foundry and its affiliates, directors, officers, employees, agents, contractors, and service providers from third-party claims arising directly from:

  • Your material breach of these Terms;

  • Your unlawful use of the Website;

  • Your infringement of another person’s intellectual property or other rights; or

  • Your intentional misuse of our products.

This section does not require you to indemnify us for losses resulting from our own unlawful conduct, negligence where liability cannot be excluded, or defective products where applicable law places responsibility on us.

26. THIRD-PARTY WEBSITES & SERVICES

Our Website may contain links to websites, applications, payment services, social networks, or other services operated by third parties.

We do not control third-party services and are not responsible for their content, availability, security, or privacy practices.

Your use of a third-party service is governed by the terms and policies of that provider.

27. COPYRIGHT COMPLAINTS

If you believe content available through our Website infringes your copyright or other intellectual property rights, please contact us at:

The Fit Foundry
Email: support@thefitfoundry.com

Your notice should identify:

  • The copyrighted work or intellectual property you believe has been infringed;

  • The material you believe is infringing and sufficient information for us to locate it;

  • Your contact information;

  • The basis for your claim;

  • A statement that the information you provide is accurate; and

  • Any other information required by applicable law.

We may request additional information before acting on a complaint.

28. ELECTRONIC COMMUNICATIONS

By interacting with us electronically, you agree that we may provide transaction-related communications, notices, disclosures, confirmations, and other records electronically to the extent permitted by law.

Marketing communications are separately governed by the permissions you provide and applicable law.

You can unsubscribe from promotional emails using the unsubscribe link included in those communications.

29. FRAUD & CHARGEBACKS

If you believe a charge from The Fit Foundry is unauthorized or incorrect, please contact us at support@thefitfoundry.com so we can investigate.

We reserve the right to provide payment processors, banks, card networks, fraud-prevention providers, or other appropriate parties with relevant order, tracking, delivery, communication, and transaction records when responding to a payment dispute or chargeback.

Fraudulent use of payment methods or intentional misuse of chargeback procedures may be reported to appropriate financial institutions or authorities where permitted by law.

Nothing in this section restricts your legitimate right to dispute an unauthorized or incorrect transaction.

30. GOVERNING LAW & DISPUTES

These Terms and any dispute arising from them will be governed by the laws applicable to [FULL LEGAL ENTITY NAME AND JURISDICTION], without depriving consumers of mandatory protections available under the laws of their country or jurisdiction of residence where those protections apply.

Before commencing formal legal proceedings, we encourage you to contact us at support@thefitfoundry.com so that we can attempt to resolve the matter.

Any additional jurisdiction, venue, mediation, or arbitration provisions applicable to The Fit Foundry should be stated here in accordance with the laws governing the business.

31. ASSIGNMENT

You may not transfer your rights or obligations under these Terms where such transfer would materially affect our rights without our consent.

We may transfer our rights and obligations in connection with a merger, acquisition, corporate restructuring, sale of assets, or transfer of our business, subject to applicable law.

32. NO WAIVER

Our failure to exercise or enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

A waiver on one occasion does not constitute a continuing waiver.

33. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where appropriate.

The remaining provisions will continue in effect.

34. TERMINATION

We may suspend or terminate access to the Website where reasonably necessary because of a material violation of these Terms, fraud, unlawful conduct, security risks, or other legitimate reasons.

Provisions that by their nature should survive termination—including intellectual property, disclaimers, limitations of liability, dispute provisions, and obligations relating to prior transactions—will survive termination where applicable.

35. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our business, Website, products, policies, or legal requirements.

The latest version will be posted on our Website with an updated “Last Updated” date.

Changes will apply prospectively unless applicable law permits otherwise.

Where required by law, we will provide additional notice of material changes.

36. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Refund & Return Policy, Shipping & Delivery Policy, applicable product warranties, and any other policies expressly incorporated by reference, constitute the agreement between you and The Fit Foundry regarding your use of the Website and purchases made through it.

If a product-specific term conflicts with a general provision in these Terms, the more specific term will apply to that product to the extent permitted by law.

37. CONTACT INFORMATION

Questions regarding these Terms, your order, shipping, returns, warranties, or our products may be sent to: support@thefitfoundry.com