X3 Sports Membership Terms and Conditions

Additional Terms and Conditions may be listed within your personal membership agreement.

 

Fees and Payments

All activation fees, Personal Training fees, class fees, and other payments and amounts paid in advance are non-refundable. All cash payments are non-refundable. Members will be provided a store credit for purchases of unused X3 Sports merchandise returned within 30 days of purchase. Member is responsible for and shall pay in a timely manner all amounts due hereunder for the full Term, regardless of Member’s use of the services and/or facilities of X3 Sports. Member shall be subject to interest and/or administrative fees set forth herein on all past due payments. Member expressly acknowledges that: (1) X3 Sports recommends that Member not remit payments in cash; (2) Member should never pay trainers or class instructors directly; and (3) Member should always request an electronic or physical receipt for payments.

 

Member may cancel Membership only as follows:

Cancellation Terms and Conditions

Prior to receiving any services hereunder (“7-Day Cancellation”):

  • Cancellation must be requested no later than the 7th day after the date of this Agreement, along with a copy of the Membership Agreement and all other documents and evidence of membership previously delivered to

At any time after the Initial Term/during month-to-month Membership (“End of Term”):

  • Member shall pay all past due payments and
  • Cancellation made at least 30 days prior to the end of the then-current Term or month shall be effective at the end of the current Term or month, as Cancellations made within 30 days of the end of the then-current Term or month shall be effective no sooner than the end of the immediately succeeding month.

During the Initial Term (“Early Termination”):

  • Member shall pay all past due payments and
  • Member shall pay 50% of all remaining membership dues as a cancellation fee at time of cancellation, in addition to any and all unamortized discounts received during enrollment (such as payment of cost of equipment and discounted enrollment fee).
  • Cancellation made at least 30 days prior to the end of the then-current Term or month shall be effective at the end of the current Term or month, as Cancellations made within 30 days of the end of the then-current Term or month shall be effective no sooner than the end of the immediately succeeding month.

Relocation Cancellation Provision and Membership Freeze Procedures:

Member may cancel Membership due to relocation, as follows:

  • Member shall pay all past due payments and
  • Member must permanently relocate residence more than 20 miles from any and all X3 Sports [If Member’s address at point of sign-up is already 20 miles away, Member must move an additional 10 miles (a total of 30 miles away) from any and all X3 Sports facilities to qualify for this cancellation provision].
  • Member shall provide reasonable proof of new address and proof that the move is The following are the only items accepted as proof for relocation: driver’s license issued after commencement of Agreement, lease or mortgage documents, most recent utility bill with new activation in Member’s name.
  • Member pays, and X3 Sports receives the relocation fee of $75 for a standard Membership and 50% of 1 month’s personal training package (if a personal training package has been purchased).
  • Member must initiate cancellation request, provide proof of relocation, and finalize relocation fee at least 30 days prior to Member’s next monthly billing date. Otherwise, Member’s account may result in a regular monthly payment occurring in addition to relocation fee.

Member may “freeze” Membership, as follows:

  • Member shall Pay all past due payments and
  • Pay a $10 per month maintenance
  • Member may freeze Member’s account in 1, 2, or 3 month
  • The Membership Term will be extended to reflect the number of months in which the Term was
  • All remaining terms and conditions contained in this Agreement will remain in effect during times in which Member’s account is
  • Member must reactivate the frozen account in order to cancel Membership, which may result in a regular monthly
  • To ensure that Member’s account is frozen before next billing date, the freeze request must be submitted and approved at least 5 business days in advance of billing Otherwise freeze fee will take effect on the following billing date.
  • All freezes must be done through ABC Financial Services, LLC, O. Box 6800, Sherwood, AR 72124, 1-888-827-9262.

State law requires that we inform you that, should you (the buyer) choose to pay for any part of this Agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this facility ceases to conduct business. Fitness facilities do not post a bond, and there may be no other protections provided to you should you choose to pay in advance. All memberships, personal training, and group classes paid in full are non-refundable and non-transferable.

 

Additional Agreement Terms and Conditions

Rules and Regulations: Member acknowledges the receipt of a copy of and agrees to fully comply with the rules and regulations of X3 Sports. Member understands that X3 Sports may change its procedures, policies, training staff and/or hours of operation at any time and without advance notice. Member shall obey all rules and regulations, whether posted, published on the X3 Sports Internet Website or available in hard copy, at all times. If Member engages in any improper, unlawful or immoral act, or impedes the business of X3 Sports at any time, in the sole and absolute discretion of X3 Sports, then X3 Sports may elect to suspend Member from all X3 Sports facilities and/or terminate Membership, without refund or credit therefore. Member understands that no person other than a certified X3 Sports trainer may conduct training at any X3 Sports facility or of any X3 Sports member or guest.

Individual Locations and Hold Harmless: Member understands that each X3 Sports facility is an independently owned and operating facility which participates in the X3 Sports System. By purchasing a Membership, Member shall have the right to participate in activities at each such X3 Sports location. Each individual X3 Sports location is responsible for the activities taking place therein. Consequently, in the event of a dispute over this Agreement, Scheduled Payments and other amounts due under this Agreement, and/or damages arising out of Member’s participation in any activity and/or presence at any X3 Sports location, Member hereby agrees to hold harmless X3 Sports Enterprises, its owners, affiliates and subsidiaries from any and all claims of every nature arising therefrom.

Waiver and Release of Use of Likeness: All references to X3 Sports in this paragraph shall include all related entities, licensors, managers, affiliates, parents and subsidiaries. Member acknowledges that X3 Sports may take still and moving images of facilities and the individuals at its facilities. Unless otherwise provided with written notice accordingly, which notice Member may provide to X3 Sports at any time and from time to time, Member expressly grants X3 Sports the absolute and irrevocable right and unrestricted permission to use, publish in print, electronic, and video format for any purpose whatsoever, without restrictions of any kind, in perpetuity, and without fees, royalties and other remuneration, the likeness, image and audio recordings of Member and Member’s family, whether adult or minor. Member expressly agrees that all such photographs and transparencies thereof, video and audio and the rights to copyright the same, shall be the sole property of X3 Sports, with full right of lawful disposition in any manner.

Waiver and Release of Liability: X3 Sports urges all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise classes. All exercises, including the use of free weights and use of any and all machinery, equipment and apparatus designed for exercising shall be at Member’s sole risk. Member understands that the Agreement to use, or selection of exercise programs, methods and types of equipment shall be Member’s entire responsibility, and X3 Sports shall not be liable to Member for any claims, demands, injuries, damages, or actions arising due to injury to Member’s person or property arising out of or in connection with the use by Member or any other member of the services, facilities, and premises of X3 Sports. Member hereby holds X3 Sports, their officers, owners, agents, and employees harmless from all claims which may be brought against them by Member or on Member’s behalf for any such injuries or claims. Any holder of this Agreement under consumer credit Agreement laws is subject to all claims and defenses which X3 Sports could assert against Member as a result of this Agreement. Recovery by Member shall not exceed the total amount paid by Member to X3 Sports pursuant to this Agreement.

CONTACT: Member affirms, acknowledges, and attests that Member’s mailing address, telephone number, cellular telephone number, and e-mail address provided on the face of this Agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that X3 Sports and ABC Financial Services, LLC, including its agents and affiliates, may contact Member at any mailing address, telephone number, cellular telephone number, or e-mail address set forth on the face of this Agreement, or subsequently provided by Member to X3 Sports and/or ABC Financial Services, LLC.

ARBITRATION: Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be in the city of your club location and the state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom X3 Sports contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently ABC Financial Services, LLC.

MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND X3 SPORTS ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR X3 SPORTS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

E-SIGN CONSENT: Certain laws and regulations may require X3 Sports and/or ABC Financial Services, LLC to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, Agreement, statement, term and condition, and any other information (collectively, the “Documents”) that X3 Sports and/or ABC Financial Services, LLC may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting X3 Sports and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of X3 Sports and/or ABC Financial Services, LLC. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with X3 Sports and/or ABC Financial Services, LLC, and to promptly notify X3 Sports and/or ABC Financial Services, LLC of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of X3 Sports and/or ABC Financial Services, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that they must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that they may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets, and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then X3 Sports and/or ABC Financial Services, LLC will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view, and receive the Documents electronically, and that Member has provided a valid and active email address to X3 Sports and/or ABC Financial Services, LLC.

Force Majeure: Neither Member nor X3 Sports shall be responsible for any delay caused by any act of God, including, but not limited to, fire, sabotage, floods, riot, labor difficulty, insurrection, war, act of government authority, or inability to obtain material, labor, equipment or transportation, which results in a party’s failure to perform in accordance with the terms hereof.

Notice: It is Member’s responsibility to timely notify X3 Sports of any account changes and address changes. All notices, requests, claims, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if personally delivered, 3 days after mailing (certified mail, postage prepaid, via tracking method), or via electronic mail or facsimile with receipt at Member’s address set forth in the registration documentations and to X3 Sports at the address set forth herein, or to such other address as any party may have furnished to the other in writing in accordance herewith, except that notices of change of address shall only be effective upon receipt.

Miscellaneous: This Agreement shall inure to the benefit of, and shall be binding upon, the parties and their heirs, successors, assigns and personal representatives. If any term, paragraph or provision of this Agreement or its application to any circumstances shall to any extent be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. This Agreement, including the documents referred to and hereby incorporated herein, contains the entire Agreement concerning the services to be performed by X3 Sports for Member and their relationship, and the terms and conditions thereof and may not be changed or modified, except by a writing signed by the parties hereto.