Terms of Service

Effective date: October 2, 2026  ·  Entity: Floorplan Fitness LLC, a Florida limited liability company, Melbourne, Florida.

1. Who these terms apply to

These Terms of Service apply to every quote, order, delivery and service provided by Floorplan Fitness LLC (“Floorplan Fitness,” “we,” “us”) to a customer (“you”). Placing an order with us means you accept these terms. Where a signed quote, purchase order or written agreement conflicts with these terms, that signed document controls.

2. Quotes and pricing

Pricing is quoted per facility and is valid for thirty (30) days from the quote date unless the quote states otherwise. A quote is an offer to sell on these terms and becomes binding only when accepted by you in writing and acknowledged by us. We may withdraw or revise a quote at any time before acceptance.

Quoted prices exclude sales and use tax, permits, and any charge not expressly itemized on the quote. Manufacturer price increases, surcharges and freight rate changes occurring after the quote date may be passed through, and we will tell you in writing before we do.

3. Taxes

You are responsible for all applicable sales, use and similar taxes unless you provide a valid, current Florida resale or exemption certificate before the order is placed. Where we are required to collect tax, it will be shown on your invoice. Tax treatment can differ between equipment sold for delivery and materials sold as part of an installation, and we will apply the treatment we believe is correct under Florida law at the time of invoicing.

4. Payment terms

Unless your quote states otherwise, a deposit is due on order placement and the balance is due before shipment. Orders are not released to the manufacturer until the required deposit clears. Past-due balances may accrue interest at the lower of 1.5% per month or the maximum rate permitted by Florida law, and you are responsible for reasonable costs of collection, including attorneys’ fees.

5. Measurements and site conditions

Equipment recommendations, quantities and floor plans are produced from dimensions and site information supplied by you. You are responsible for the accuracy of those measurements and for verifying critical dimensions at the actual installation location before an order is placed. Ceiling heights, door and elevator openings, obstructions, column positions and floor conditions frequently vary within a single room. We are not responsible for costs arising from inaccurate or incomplete site information, including restocking, return freight, re-delivery or redesign.

6. Scope of our services — and what we are not

Floorplan Fitness is a commercial equipment and flooring dealer. We specify products using manufacturer specification sheets and published clearances.

We do not provide architectural, engineering, structural, acoustic, life-safety, permitting, zoning, accessibility-compliance or building-code services, and nothing we provide may be relied on as such. Questions regarding structural loading, floor capacity, sound transmission between occupied spaces, egress, permitting, ADA or Florida Building Code compliance must be directed to a licensed design professional or contractor. Layouts and drawings we provide are planning aids only and are not construction documents.

7. Orders, changes and cancellations

Orders are placed with the manufacturer upon your written approval. Changes requested after an order is placed may not be accepted and may incur charges. Cancellation and restocking terms follow the applicable manufacturer’s policy and will be stated on your quote. Custom, made-to-order, cut-to-length and non-stock items — including most flooring and turf — are generally non-cancellable and non-returnable once production or cutting begins.

8. Delivery, title and risk of loss

Equipment ships directly from the manufacturer. Unless your quote states otherwise, delivery is made to the curb or dock at the delivery address; liftgate, inside delivery, placement and debris removal are separate services and are only included if itemized on your quote.

Title and risk of loss pass to you upon delivery to the carrier at the manufacturer’s facility, unless the quote states otherwise. Freight claims must be documented at the time of delivery — see our Shipping & Returns page for the inspection steps required to preserve a claim. Failure to note damage on the bill of lading before signing may void the claim entirely.

Delivery dates and lead times are manufacturer estimates and are not guaranteed. We are not liable for delay, including consequential costs such as lost revenue, delayed opening or contractor standby time.

9. Installation

Where installation is included on your quote, it may be performed by qualified independent installation contractors engaged by us. Installation pricing assumes a clear, clean, level, dry and accessible space, with building access, parking, elevator use and power available on the scheduled date. Additional trips, standby time, after-hours work, or work delayed by site conditions outside our control are billed separately.

You remain responsible for subfloor condition and moisture, removal of existing flooring unless quoted, permits, and coordination with other trades. We do not perform structural anchoring into post-tension slabs or unknown substrates without written direction from your contractor or engineer.

10. Warranty

All products carry the applicable manufacturer’s warranty. Floorplan Fitness is not the warrantor and provides no separate warranty. We will facilitate warranty claims with the manufacturer on your behalf.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, FLOORPLAN FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Manufacturer warranties are frequently conditioned on the product being used at its rated grade. Equipment rated for residential use that is installed in a shared or commercial space may have its warranty voided by the manufacturer. We will advise you of the required grade; the decision and its consequences are yours.

11. Product safety and recalls

If we are notified by a manufacturer or a regulatory authority of a safety recall or stop-use notice affecting a product we supplied to you, we will notify you at the contact information on your order and pass through the manufacturer’s instructions. Please keep your contact details current with us and retain your invoice and model and serial numbers.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOORPLAN FITNESS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF USE, DELAYED OPENING, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO ANY QUOTE, ORDER, PRODUCT OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO US BY YOU FOR THAT ORDER. Nothing in these terms limits liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify, defend and hold harmless Floorplan Fitness LLC and its members, employees and contractors from claims, damages, losses and expenses (including reasonable attorneys’ fees) arising out of your use, operation, supervision or maintenance of products supplied by us; your failure to provide accurate site information; your failure to supervise users of the facility; or your breach of these terms. This does not apply to claims arising from our own gross negligence or willful misconduct.

14. Force majeure

We are not liable for failure or delay in performance caused by events beyond our reasonable control, including manufacturer or supplier delay, material shortages, labor disputes, carrier disruption, hurricane or severe weather, fire, flood, utility failure, acts of government, or public health emergency.

15. Governing law, venue and disputes

These terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. You and Floorplan Fitness agree that the exclusive venue for any dispute is the state or federal courts located in Brevard County, Florida, and you consent to personal jurisdiction there. The parties agree to attempt good-faith resolution in writing before filing suit.

16. General

If any provision of these terms is held unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of it. These terms, together with your signed quote or purchase order, are the entire agreement between us on their subject matter and supersede prior discussions. You may not assign an order without our written consent. We may update these terms from time to time; the version in effect on the date of your quote governs that order.

17. Contact

Floorplan Fitness LLC · Melbourne, Florida
(407) 309-6157 · info@floorplanfitness.com

These terms were prepared for a commercial equipment dealership and have not been reviewed by an attorney. They are not legal advice. Have a Florida attorney review them before you rely on them, particularly sections 10 through 13.