Terms of Service
Please read these terms carefully before using our services
1. Introduction and Acceptance
Welcome to FitMovers123. These Terms of Service ("Terms") govern your use of the FitMovers123 website, mobile applications, and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use our Services.
Eligibility
You must be at least 18 years old and able to form a legally binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.
If you're using our Services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.
2. Services Description
FitMovers123 provides commercial fitness equipment moving, installation, extraction, and storage services. Our Services include, but are not limited to:
- Commercial Gym Moving: Relocation of fitness equipment for commercial gyms, wellness centers, hotels, and multi-family buildings
- Fitness Equipment Installation: Assembly and installation of commercial fitness equipment
- Fitness Equipment Extraction: Removal and decommissioning of fitness equipment
- Equipment Storage: Secure storage of fitness equipment
- Related Services: Consultation, project management, and other related services
Service availability may vary by location and is subject to change. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time.
3. Service Booking and Scheduling
Service Requests
You may request our Services through our website, by phone, or via email. All service requests are subject to availability and confirmation by FitMovers123.
When submitting a service request, you agree to provide accurate, current, and complete information about yourself, your business, and the services you need. We reserve the right to reject any service request at our discretion.
Service Confirmation
A service request is not confirmed until you receive written confirmation from FitMovers123. Confirmation may be provided via email, text message, or through our online booking system.
Upon confirmation, we will provide you with details about your scheduled service, including date, time, scope of work, and estimated cost.
Pre-Service Assessment
For complex jobs, we may require a pre-service site assessment. This assessment helps us understand the scope of work, identify potential challenges, and provide an accurate cost estimate.
You agree to provide access to the relevant premises for the assessment and to cooperate with our team during this process.
4. Cancellation and Rescheduling
Cancellation by You
If you need to cancel or reschedule a confirmed service, please notify us as soon as possible. Our cancellation policy is as follows:
| Timing of Cancellation | Cancellation Fee |
|---|---|
| More than 48 hours before scheduled service | No fee |
| 24-48 hours before scheduled service | 25% of quoted service price |
| Less than 24 hours before scheduled service | 50% of quoted service price |
| After crew has been dispatched | 75% of quoted service price |
For large commercial projects with dedicated crews, special cancellation terms may apply and will be specified in your service agreement.
Rescheduling
Requests to reschedule a confirmed service are subject to availability. If a suitable alternative time cannot be found, the cancellation policy above may apply.
Cancellation by FitMovers123
We reserve the right to cancel or reschedule services due to circumstances beyond our control, including but not limited to severe weather, natural disasters, crew illness, or equipment failure. In such cases, we will make reasonable efforts to notify you as soon as possible and reschedule the service at no additional cost.
5. Pricing and Payment
Service Quotes
Quotes for our Services are based on the information provided by you and are valid for 30 days unless otherwise specified. The final price may be adjusted if:
- The actual scope of work differs from what was initially described
- Additional services are requested during the job
- Unforeseen circumstances arise that require additional time, labor, or materials
- Access issues or site conditions cause delays or require additional equipment
Payment Terms
Payment terms vary by service type and project size:
- Standard Services: 50% deposit required at booking, with the remaining balance due upon completion
- Large Commercial Projects: Custom payment schedules will be outlined in your service agreement
- Rush or Emergency Services: Payment in full may be required before service delivery
We accept major credit cards, electronic bank transfers, and business checks (for established business clients only). All payments are processed through secure third-party payment processors.
Late Payments
Payments not received by the due date may incur a late fee of 1.5% per month (or the maximum rate permitted by law, if lower). For commercial clients, we reserve the right to place a lien on equipment for unpaid services in accordance with applicable laws.
6. User Responsibilities and Conduct
Your Responsibilities
When using our Services, you agree to:
- Provide accurate and complete information about the equipment to be moved, installed, or stored
- Ensure clear access to the equipment and sufficient space for our team to work safely
- Secure necessary permits, authorizations, or approvals required for the service
- Inform us of any special handling requirements or fragile components
- Be present or have an authorized representative available during service delivery (if required)
- Disclose any potential hazards or obstacles that may affect service delivery
Prohibited Conduct
You agree not to:
- Request services for equipment that is illegal, unsafe, or hazardous
- Misrepresent the nature or specifications of equipment to be serviced
- Harass, intimidate, or mistreat our staff or representatives
- Interfere with our team's ability to perform services safely and efficiently
- Violate any applicable laws or regulations related to the services requested
7. Insurance and Liability
Our Insurance Coverage
FitMovers123 maintains comprehensive commercial liability insurance and cargo insurance to protect against damage to equipment and property during service delivery. Upon request, we can provide a Certificate of Insurance (COI) for your records or to satisfy building management requirements.
Liability Limitations
Our liability is limited to direct damages caused by our negligence during service delivery. We are not liable for:
- Pre-existing damage or defects in equipment
- Normal wear and tear during proper use of equipment
- Damage resulting from improper installation or use prior to our services
- Consequential, incidental, or indirect damages, including loss of use or business interruption
- Damage resulting from inaccurate information provided by you
- Damage caused by third parties not under our control
Claims Process
If damage occurs during service delivery, you must:
- Document the damage with photos
- Notify us in writing within 48 hours of service completion
- Provide reasonable access for our representatives to inspect the damage
- Cooperate with our claims process
Claims submitted after 48 hours or without proper documentation may be denied.
8. Service Guarantee
Our Commitment to Quality
We stand behind our work and are committed to delivering high-quality services. If you're not satisfied with our services, please let us know within 72 hours of service completion, and we will work with you to address the issue.
Remedies
If we fail to meet our service standards, we may, at our discretion:
- Return to correct any issues at no additional cost
- Provide a partial refund based on the nature and extent of the issue
- Offer credit toward future services
This guarantee is limited to issues directly related to our service delivery and does not cover damage covered under our insurance policy or issues arising from causes beyond our control.
9. Intellectual Property
Our Intellectual Property
All content on our website, including text, graphics, logos, images, videos, and software, is the property of FitMovers123 or our licensors and is protected by copyright, trademark, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and its content for personal, non-commercial purposes related to inquiring about or using our services.
Restrictions
You may not:
- Reproduce, distribute, modify, or create derivative works of our content
- Use our content for commercial purposes without our express written consent
- Remove any copyright, trademark, or other proprietary notices from our content
- Use our content in a way that suggests an association with our brand or endorsement by us
10. Indemnification
You agree to indemnify, defend, and hold harmless FitMovers123, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:
- Your breach of these Terms
- Your improper use of our Services
- Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or property right
- Any claim that your actions caused harm to a third party
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
11. Termination
Termination by You
You may stop using our Services at any time. If you have scheduled services that haven't been delivered, our cancellation policy will apply.
Termination by FitMovers123
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
We may also terminate or suspend your access if:
- You fail to pay for services as agreed
- You engage in abusive or threatening behavior toward our staff
- You repeatedly cancel scheduled services
- You provide false or misleading information
Effect of Termination
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will post the updated Terms on our website and update the "Last Updated" date at the top of this page.
Your continued use of our Services after any changes to these Terms constitutes your acceptance of the changes. If you do not agree to the new Terms, you must stop using our Services.
For significant changes that materially affect your rights or obligations, we will provide a more prominent notice, such as an email notification to the address associated with your account (if applicable).
13. Dispute Resolution
Informal Resolution
Before filing a claim against FitMovers123, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute by contacting you via email. If we can't resolve the dispute within 30 days, you or FitMovers123 may begin formal proceedings.
Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, in English, and in New York, NY, USA.
Exceptions
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:
- Bring an individual action in small claims court
- Pursue enforcement actions through applicable federal, state, or local agencies
- Seek injunctive relief in a court of law
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
14. Contact Us
Questions About These Terms?
If you have any questions about these Terms of Service, please contact our legal team: