ATX GARAGE GYM LLC

TERMS AND CONDITIONS OF SALE

Used fitness equipment • delivery • assembly

IMPORTANT

These Terms and Conditions apply to all equipment, parts, delivery, assembly, and other services purchased from ATX Garage Gym LLC ("Seller"). The purchaser is referred to as "Buyer."

Buyer agrees to these Terms by signing or electronically accepting them, paying any deposit or purchase price after receiving them, or accepting possession of the equipment after receiving them. Electronic acceptance by text message, email, marketplace messaging, or similar written communication will be treated as Buyer’s signature to the extent permitted by law.

Buyer understands that most equipment sold by Seller is used and previously owned. It may show wear, scratches, cosmetic damage, repaired or replaced components, missing labels, or other signs of prior use. Unless specifically stated in writing on the invoice, Seller does not represent that equipment is new, refurbished to manufacturer specifications, or suitable for any particular residential or commercial setting.

Buyer has been given a reasonable opportunity to inspect and test the equipment before purchase. Buyer accepts the equipment’s condition at the time of sale. If Buyer chooses not to inspect or test the equipment, Buyer accepts the risk of purchasing it without inspection.

Photographs, measurements, model information, descriptions, weight-stack specifications, and other identifying information are provided in good faith. Buyer is responsible for independently confirming any characteristic that is material to Buyer’s decision.

AS-IS SALE

ALL USED EQUIPMENT   IS SOLD “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT   PERMITTED BY LAW, SELLER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES,   INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A   PARTICULAR PURPOSE.

No oral statement, advertisement, photograph, marketplace listing, or informal communication creates a warranty. Any limited warranty offered by Seller must be expressly stated in writing on the applicable invoice. Seller does not warrant that any manufacturer’s warranty remains valid or transferable.

Buyer is responsible for reading and following applicable manufacturer instructions and warnings; inspecting equipment before each use; providing appropriate flooring, clearance, anchoring, electrical service, and environmental conditions; performing routine maintenance; replacing worn components; and preventing use by individuals who are not properly trained or supervised.

Buyer must stop using equipment immediately if it becomes loose, damaged, unstable, unusually noisy, or otherwise appears unsafe. Buyer understands that exercise and fitness equipment can cause serious injury or death if improperly installed, maintained, adjusted, modified, relocated, or used.

Delivery and assembly charges cover only the work described on the invoice. Buyer must provide safe, unobstructed access and disclose stairs, narrow entrances, elevators, restricted loading areas, flooring concerns, and other access conditions before delivery.

Unless expressly included in writing, Seller is not responsible for anchoring, electrical work, structural evaluation, wall or floor reinforcement, permits, or confirming that the installation location satisfies manufacturer, lease, building, or code requirements. Buyer must inspect the equipment and installation at completion and report visible damage or assembly concerns before Seller leaves the premises.

Buyer may pick up equipment from Seller’s storage facility, warehouse, or another agreed location. Buyer is responsible for arriving with a vehicle, trailer, straps, tie-downs, padding, loading equipment, and personnel appropriate for safely loading and transporting the purchased equipment.

Buyer must inspect the equipment before it is removed from the pickup location. For a pickup, risk of loss, damage, theft, and transportation-related injury passes to Buyer when Buyer or Buyer’s authorized representative accepts possession of the equipment. A person or carrier sent by Buyer will be treated as Buyer’s authorized representative when Seller reasonably relies on Buyer’s written authorization.

Buyer is responsible for securing the equipment and complying with applicable vehicle, trailer, cargo-securement, and transportation requirements. Seller does not represent that Buyer’s vehicle, trailer, equipment, or securement method is adequate or safe. If Seller or its employees, contractors, or agents assist with loading, that assistance does not constitute approval or certification of Buyer’s vehicle, trailer, tie-downs, or securement method. Buyer must inspect and approve the loading and securement before departing.

For delivery arranged by Seller, risk of loss passes to Buyer when the equipment is delivered and made available to Buyer at the agreed delivery location. This provision does not exclude liability that cannot lawfully be waived.

Seller will exercise reasonable care during delivery and assembly. Buyer acknowledges that moving heavy equipment carries a risk of incidental damage to floors, walls, doors, stairs, elevators, landscaping, and other property. Buyer should protect delicate surfaces and remove fragile or valuable property from the delivery path.

RELEASE OF ORDINARY-NEGLIGENCE CLAIMS

TO THE FULLEST   EXTENT PERMITTED BY LAW, BUYER RELEASES ATX GARAGE GYM LLC AND ITS MEMBERS,   MANAGERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS FROM   CLAIMS ARISING FROM THEIR OWN ORDINARY NEGLIGENCE IN CONNECTION WITH PICKUP,   LOADING, DELIVERY, MOVEMENT, OR ASSEMBLY OF THE EQUIPMENT. THIS RELEASE DOES   NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE WAIVED.

After accepting possession, Buyer assumes the risks associated with owning, operating, maintaining, relocating, modifying, and permitting others to use the equipment.

To the fullest extent permitted by law, Seller will not be liable for indirect, incidental, special, exemplary, or consequential damages, including lost profits, lost business, or loss of use, arising from the transaction or from modification, misuse, improper maintenance, improper relocation, or continued use after a defect becomes apparent.

To the fullest extent permitted by law, Seller’s total liability arising from a transaction will not exceed the amount Buyer paid Seller for the specific equipment or service giving rise to the claim. Nothing in these Terms excludes liability or limits a right that cannot legally be excluded or limited.

Seller is not responsible for alterations, repairs, disassembly, reassembly, relocation, anchoring, electrical modifications, or replacement parts provided or performed by Buyer or a third party after delivery. Any later modification or relocation is performed at Buyer’s risk unless Seller separately agrees in writing to perform the work.

Seller may accept cash, Zelle, Venmo, credit card, or another payment method approved by Seller. Payment is due as stated on the invoice. Buyer agrees that the invoice, receipt, payment record, listing, photographs, electronic acceptance, and related communications may collectively evidence the transaction. Electronic records and signatures will have the same effect as paper records and handwritten signatures to the extent permitted by law.

NON-REFUNDABLE DEPOSIT AND HOLD

UNLESS SELLER   EXPRESSLY AGREES OTHERWISE IN WRITING, A DEPOSIT PAID TO RESERVE EQUIPMENT IS   NON-REFUNDABLE AFTER SELLER RECEIVES AND ACCEPTS IT AND REMOVES THE EQUIPMENT   FROM THE MARKET OR OTHERWISE HOLDS IT FOR BUYER. THE DEPOSIT WILL BE APPLIED   TO THE PURCHASE PRICE IF BUYER COMPLETES THE PURCHASE.

The deposit may be a fixed amount or a percentage of the purchase price. The applicable invoice, receipt, or accepted written communication should identify the equipment, total purchase price, deposit amount, remaining balance, payment method, and hold-expiration date and time. Equipment is not reserved until Seller receives and accepts the deposit.

If Buyer cancels, fails to pay the remaining balance, fails to take possession by the agreed deadline, or otherwise fails to complete the purchase, Seller may end the hold, retain the deposit to the fullest extent permitted by law, and offer the equipment for sale to another buyer. Any extension of a hold must be accepted by Seller in writing.

Buyer acknowledges that the deposit is a reasonable reservation amount intended to compensate Seller for removing the equipment from the market and for anticipated administrative time, storage or holding costs, scheduling, and lost sales opportunities; it is not intended as a penalty.

If Seller cancels the transaction or cannot provide the identified equipment for a reason not caused by Buyer, Seller will refund the deposit or, with Buyer’s agreement, apply it to different equipment. The deposit policy applies regardless of whether payment is made by cash, Zelle, Venmo, credit card, or another approved method, subject to applicable law and payment-network rules.

Title to the equipment remains with Seller until payment is received in full. An electronic payment is not complete until Seller receives available funds. Buyer is responsible for returned-payment fees and reasonable collection costs permitted by law. Payment-app notes and bank memos identify the transaction but do not replace these complete Terms.

ALL SALES FINAL

ALL SALES OF USED   EQUIPMENT ARE FINAL. SELLER IS NOT REQUIRED TO PROVIDE A RETURN, REFUND,   EXCHANGE, REPAIR, OR CREDIT UNLESS A WRITTEN RETURN POLICY OR LIMITED   WARRANTY APPEARS ON THE INVOICE. THIS SECTION DOES NOT LIMIT RIGHTS THAT   CANNOT LEGALLY BE WAIVED.

Delivery times are estimates. Seller is not responsible for reasonable delays caused by weather, traffic, mechanical problems, unsafe conditions, scheduling conflicts, or circumstances outside Seller’s control. Cancellation or rescheduling fees may apply when Buyer changes a scheduled delivery after equipment, labor, or transportation has been committed.

These Terms are governed by Texas law. Any lawsuit arising from the transaction must be brought in a court of proper jurisdiction located in Travis County, Texas, unless applicable law requires otherwise.

The invoice and these Terms constitute the entire agreement between Buyer and Seller concerning the transaction. Any change must be in writing and accepted by Seller. If a provision is held unenforceable, the remaining provisions will remain effective to the fullest extent permitted by law. Seller’s failure to enforce a provision does not waive its right to enforce it later.

By signing below, Buyer confirms that Buyer has read and agrees to these Terms; understands that the equipment is used and sold as-is; has inspected the equipment or voluntarily declined to do so; understands the risks associated with fitness equipment, pickup, loading, and transportation; understands the non-refundable deposit and hold policy when a deposit applies; and has authority to enter into this agreement.

Invoice / Receipt No.

Equipment

Buyer Name

Buyer Signature

____________________________________________

Date

____________________________________________

Seller Representative

____________________________________________

If Buyer does not sign this document in person, Seller may request that Buyer send the following statement by text, email, or marketplace message before payment or delivery:

ACCEPTANCE MESSAGE

I have received, reviewed, and agree to ATX Garage Gym LLC’s Terms and Conditions of Sale, including the used-equipment AS-IS   terms, warranty disclaimers, non-refundable deposit and hold policy when   applicable, final-sale policy, and applicable pickup, loading, delivery, and   assembly provisions. I understand that deposits and completed sales are   non-refundable except as stated in the Terms or otherwise required by law.

Complete this section for a deposit, balance payment, or full payment by cash, Zelle, Venmo, credit card, or another approved method. Attach or retain it with the applicable invoice and a copy of these Terms.

DEPOSIT ACKNOWLEDGMENT

WHEN THIS PAYMENT   IS A DEPOSIT, BUYER CONFIRMS THE ITEM, AMOUNTS, AND HOLD DEADLINE SHOWN BELOW   AND AGREES THAT THE DEPOSIT IS NON-REFUNDABLE IF BUYER CANCELS OR FAILS TO   COMPLETE THE PURCHASE BY THE DEADLINE. IT WILL BE APPLIED TO THE PRICE IF THE   PURCHASE IS COMPLETED AND REFUNDED IF SELLER CANNOT PROVIDE THE ITEM AS   STATED IN THESE TERMS.

Invoice / Receipt No.

____________________________________________

Equipment

____________________________________________

Total Purchase Price

$________________

Amount Received

$________________

Remaining Balance

$________________

Payment Method

Cash / Zelle / Venmo / Credit   Card / Other: ______________

Payment Date

____________________________________________

Hold Expires

____________________________________________

Pickup / Delivery Date

____________________________________________

Received From

____________________________________________

Buyer Signature

____________________________________________

Seller Representative

____________________________________________

Keep the signed or electronically accepted Terms with the invoice, deposit record, payment confirmation, listing, and condition photographs.