Draft — pending legal review. This document is provided for information only and is not legal advice.
This Seller / Brand Agreement ("Agreement") governs your participation as a seller ("Seller," "Brand," "you," or "your") on PHYZIK Shop, the marketplace operated by Physique Technologies LLC ("PHYZIK," "we," "us," or "our"). By onboarding to PHYZIK Shop or listing products, you agree to this Agreement, our Terms of Service, and the policies referenced below.
Relationship of the parties
You are an independent business and the seller of record for the products you list. Nothing in this Agreement creates a partnership, joint venture, franchise, employment, or agency relationship between you and PHYZIK, except that you appoint PHYZIK as your limited payment collection agent for the purpose of accepting buyer payments on your behalf through Stripe. You are solely responsible for your products, listings, and customer obligations.
Eligibility and onboarding
To sell on PHYZIK Shop, you must be a legitimate business in good standing, able to enter into contracts, and able to lawfully sell and ship the products you list. You must provide accurate business, tax, and banking information, and you must complete onboarding and identity verification through Stripe Connect before you can receive payouts. We may approve, decline, or revoke marketplace access at our discretion.
Payments and payouts
Buyer payments are processed through Stripe. PHYZIK collects payment from buyers on your behalf, deducts the commission and any applicable payment-processing fees, and remits the remaining balance to your connected Stripe account on the payout schedule configured for your account. You are responsible for maintaining your Stripe Connect account in good standing and for any chargebacks, disputes, or refunds attributable to your orders. Stripe's terms apply to your use of Stripe Connect.
Commission and fees
PHYZIK charges a commission on the sale price of each product sold through PHYZIK Shop, based on product category, plus a passthrough of payment-processing fees charged by Stripe. Current commission rates are:
Supplements — 15%. Apparel — 12%. Food — 12%. Equipment — 10%.
Commission is calculated on the product sale price (excluding taxes and shipping unless stated otherwise). Payment-processing fees charged by Stripe are passed through to you in addition to the commission. We may update commission rates or fees on prior notice; continued listing of products after an update takes effect constitutes acceptance of the updated rates.
Fulfillment and shipping obligations
You are responsible for maintaining accurate inventory, fulfilling accepted orders promptly, shipping using reliable methods, providing tracking where available, and meeting the delivery estimates shown on your listings. You must handle returns, exchanges, and refunds in accordance with our Returns & Refunds Policy and your own stated return policy, and you must provide responsive customer support for your orders.
Product compliance
You are solely responsible for ensuring your products and listings comply with all applicable laws and regulations. In particular, you represent and warrant that:
Insurance. You maintain appropriate product-liability and general-liability insurance and can provide a certificate of insurance (COI) naming PHYZIK as an additional insured upon request.
Supplements. Any dietary supplements are manufactured in facilities that follow current Good Manufacturing Practices (cGMP), are labeled in compliance with the Dietary Supplement Health and Education Act (DSHEA) and FDA requirements, and do not make claims to diagnose, treat, cure, or prevent any disease. Supplement listings must comply with our Supplement Disclaimer.
Labeling and claims. Your product labeling, ingredient disclosures, and marketing claims are accurate, substantiated, and not misleading.
Prohibited items. You do not list any item identified in our Prohibited Items policy or otherwise prohibited by law.
Intellectual property
You represent that you own or have the rights to all trademarks, images, and content in your listings, and that your products do not infringe the intellectual-property rights of any third party. You grant PHYZIK a non-exclusive, royalty-free license to use your brand names, logos, and product content to operate, display, and promote the marketplace.
Prohibited conduct
You may not list prohibited or unlawful items, misrepresent products, manipulate reviews or rankings, circumvent the platform to avoid commission, or engage in fraudulent, deceptive, or harmful conduct.
Suspension and termination
We may suspend or terminate your access to PHYZIK Shop, remove listings, or withhold payouts associated with disputed or fraudulent transactions if you breach this Agreement, violate applicable law, or create risk for buyers or the platform. You may stop selling and request removal of your listings at any time, subject to fulfilling pending orders. Provisions that by their nature should survive — including indemnification, compliance representations, and payment obligations — survive termination.
Indemnification
You agree to indemnify, defend, and hold harmless PHYZIK and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your products, your listings, your fulfillment, your breach of this Agreement, or your violation of any law or third-party right.
Governing law
This Agreement is governed by the laws of [Governing law: State of __], without regard to conflict-of-law principles, and any disputes shall be resolved in the courts located in [venue: __].
Contact us
Questions about selling on PHYZIK Shop? Contact us at admin@phyzik.app.
Physique Technologies LLC
admin@phyzik.app
