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 shall 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 and electronic or physical receipt for payments.

Notwithstanding any other provisions of this Agreement, Member understands and agrees that the amount of monthly membership dues is based on current sales tax rates and to the extent such rates should increase during membership, X3 Sports has the right to increase Member’s monthly membership dues by the amount of such increase. If Member has requested the privilege of paying Member’s monthly dues by preauthorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect and increase in the sales tax rate.

DEFAULT AND LATE PAYMENTS: Should Member default on any payment obligation as called for in this Agreement, X3 Sports will have the right to declare the entire remaining balance due and payable and Member agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. Member shall pay interest on any past due amount hereunder in the amount of the lesser of one and one-half percent (1.5%) per month or the maximum amount allowable by law, all expenses incurred in collection and recovery, and (1) actual attorney's fees and expenses incurred; or (2) fifteen percent (15%) of the amount outstanding for attorney's fees, the greater of whichever is allowable under law. A default occurs when any payment due under this Agreement is more than ten days late. A service fee of $35 will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, Member will be charged a late fee of $10. If the Member is paying monthly dues by electronic funds transfer (EFT), X3 Sports’ billing company reserved the right to draft via EFT all amounts owed by the member, including any and all late fees and service fees. Subject to appropriate State and Federal Law. Members paying monthly dues by EFT are subject to $10.00 per month increase of monthly dues if EFT payment is stopped or changed. This will not affect any other provisions in this Agreement.

BILLING AUTHORIZATION

Subject to the following conditions:

(1) By signing below, Member authorizes the Company to make a one-time debit or charge to Member’s account or card in the amount stated herein. If this payment is returned for Non-Sufficient Funds (NSF), Member authorizes the Company to make a one-time electronic fund transfer (EFT) from Member’s account to collect an NSF service fee.

(2) One-Time Transfers: When Member provides a check as payment, Member authorizes the Company either to use information from Member’s check to make a one-time EFT from Member’s account or to process the payment as a check transaction. When the Company uses information from Member’s check to make an electronic fund transfer, funds may be withdrawn from Member’s account as soon as today’s date.

(3) The items outlined in Member’s Membership Agreement (monthly dues, annual fees, enrollment fees, etc.) shall continue to be drawn on or about the date or dates set for in the Membership Agreement. By signing below, Member authorizes the Company to draft via EFT said amounts from the account or card provided. The transactions on Member’s bank account, debit, or credit card statement, shall constitute receipts for payment on Member’s account.

(4) If the regular payments set forth in the Membership Agreement should vary in amount, Member is entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, Member chooses to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment Member has made.

(5) By executing this Agreement, Member acknowledges that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for Member’s review at the Company’s website.

(6) The privilege of making EFT payments under this arrangement may be revoked by the company if any item is not paid upon presentation.

(7) If this preauthorization payment arrangement is revoked for any reason, this does not release Member from Member’s obligation under the Membership Agreement.

(8) If any payment is not paid upon presentation to Member’s bank or debit/credit card company for any reason, a service fee will be assessed and drafted. A late fee will be assessed and drafted should any monthly payment become past due.

(9) By executing this Agreement, Member authorizes Club and Club’s agents, including its third party processing companies (“Club’s Agents”), to store the account or card information provided by Member on or in relation to this Agreement, as well as any other account or card information provided by Member through any means to Club or Club’s Agents (including information provided in-person, online, or over the phone) for purposes of making any payment in relation to this Agreement (hereinafter, “Payment Information”). Club and/or Club’s Agents will use the stored Payment Information to process payments of all dues, fees, taxes, purchases, and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Member’s Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, or other purchases. Club and/or Club’s Agents may also use the stored Payment Information to process payments owed in relation to all subsequent Agreements entered between Member and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes, and charges, and/or a description of how they will be calculated, are more specifically set forth in the Payment Schedule and other terms of Member’s Agreement. If Member’s Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Member’s Agreement will apply to this consent. If any changes are made to the terms of this consent, an email notifying Member of such changes will be sent to the email address provided by Member or, if an email is not provided, notice will be sent to the mailing address provided on Member’s Agreement.

CANCELLATION AND FREEZE TERMS AND CONDITIONS

Member may cancel Membership only as follows:

(1) 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 ([7daycanceldate]), along with a copy of the Membership Agreement and all other documents and evidence of membership previously delivered to Member.

  • To request cancellation, a Cancellation Request Form must be submitted at https://x3sports.com/for-members/account-management/. For questions, please contact X3 Sports Member Services: Email: memberservices@x3sports.com, Phone: 678-903-0100, Fax: 678-951-0505.

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

  • Member shall pay all past due payments and fees.

  • 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 appropriate. Cancellations made within 30 days of the end of the then-current month shall be effective no sooner than the end of the immediately succeeding month.

  • To request cancellation, a Cancellation Request Form must be submitted at https://x3sports.com/for-members/account-management/. For questions, contact X3 Sports Member Services: Email: memberservices@x3sports.com, Phone: 678-903-0100, Fax: 678-951-0505.

(3) During the Initial Term (“Early Termination”):

  • Member shall pay all past due payments and fees.

  • 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 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 appropriate. 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.

  • To request cancellation, a Cancellation Request Form must be submitted at https://x3sports.com/for-members/account-management/. For questions, contact X3 Sports Member Services: Email: memberservices@x3sports.com, Phone: 678-903-0100, Fax: 678-951-0505.

(4) Relocation Cancellation Provision (“Relocation”):

  • Member shall pay all past due payments and fees.

  • Member must permanently relocate residence more than 20 miles from any and all X3 Sports locations. If Member’s address at point of sign-up is already 20 miles away, Member must move an additional 10 miles (for a total of 30 miles away) from any and all X3 Sports facilities to qualify for this provision.

  • Member shall provide reasonable proof of new address and proof that the move is permanent at the time of the initial Relocation cancellation request. The following are the only items accepted as proof for relocation: driver’s license issued after commencement of Agreement, lease or mortgage documents signed after commencement of Agreement, most recent utility bill with new activation reflected in Member’s name.

  • Member pays, and X3 Sports receives the relocation fee of $75 for standard Membership and 1 month’s personal training package (if a recurring personal training package has been purchased and is within term).

  • 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 appropriate. 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 requests will not be considered in effect until adequate proof of relocation has been received by X3 Sports and approved as valid.

  • To request cancellation, a Cancellation Request Form must be submitted at https://x3sports.com/for-members/account-management/. For questions, contact X3 Sports Member Services: Email: memberservices@x3sports.com, Phone: 678-903-0100, Fax: 678-951-0505.

Member may “freeze” Membership, as follows:

  • Member shall pay all past due payments and fees.

  • Member shall pay a $10 per month maintenance charge.

  • Member may freeze Member’s account in 1, 2, or 3 month increments.

  • The Membership Term will be extended to reflect the number of months in which the Term was frozen.

  • All remaining terms and conditions contained in this Agreement will remain in effect during times in which Member’s account is frozen.

  • Member must reactivate the frozen account in order to cancel Membership, which may result in a regular monthly payment.

  • To ensure that Member’s account is frozen before the next billing date, the freeze request must be submitted and approved at least 5 business days in advance of the next billing date. Otherwise the freeze fee will take effect on the following billing date.

  • To request a freeze, a Freeze Request Form must be submitted at https://x3sports.com/for-members/account-management/. For questions, contact X3 Sports Member Services: Email: memberservices@x3sports.com, Phone: 678-903-0100, Fax: 678-951-0505.

ADDITIONAL CANCELLATION TERMS AND CONDITIONS: The Cancellation Request Form and Freeze Request Form are available online at https://x3sports.com/for-members/account-management/, but can also be accessed by visiting any X3 Sports location during operating hours. Upon submission of all appropriate documentation and receipt by X3 Sports of all amounts due to accomplish the requested cancellation type, Membership will be considered paid in full, and neither party will have any further obligations to the other. If Member does not receive email confirmation within 48 hours of submission, Member must contact X3 Sports Member Services (Email: memberservices@x3sports.com, Phone: 678-903-0100, Fax: 678-951-0505) to ensure documentation was received. X3 Sports sends email confirmation to the email address on Member’s profile. X3 Sports’ email confirmation with receipt of any amounts due is proof that the account has been closed.

Member may cancel this Agreement within 30 days from the time Member knew or should have known of any substantial change in the services or programs available at the time Member joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex and vice versa.

If Member should die during the membership term or any renewal term, Member’s estate may cancel the contract. The training center is entitled to a reasonable predetermined fee in such an event, in addition to an amount computed by dividing the total cost of Member’s membership by the total number of months on the membership and multiplying the result by the number of months expired in the membership term. Reasonable proof of death may be required under this paragraph. If Member has a history of heart disease, Member should consult a physician before joining the Club.

If Member becomes totally and permanently disabled during the membership term, Member may cancel this Agreement and the Club is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use. This amount shall be computed by dividing the total cost of the membership by the number of months under the membership and multiplying the result by the number of months expired under the membership term. The training center shall have the right to require and verify reasonable evidence of total and permanent disability. For purposes of this subsection, “total and permanent disability” means a condition which has existed or will exist for more than 45 days and which will prevent the member from using the facility to the same extent as the member used it before commencement of the condition.

Under this Agreement, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this Agreement, in the event the training center at which the Agreement is entered ceases operation and fails to offer an alternate location, substantially similar, within ten miles of the failed location.

NOTICE: 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 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 to 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, 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.

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 arbitration shall be in the city of your club location and the state of your 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 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.

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 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 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 requesting a paper copy. Member may withdraw their consent at any time by notifying the customer service department of X3 Sports. 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 to promptly notify X3 Sports 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. To access, view, and receive the Documents electronically, Member agrees and acknowledges that they must have: (1) 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 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 will notify Member following such material modification.

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

COMMUNICATIONS NOTICE: It is the 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 electronic mail or facsimile with receipt at Member’s address set for 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 in the other in writing in accordance herewith, except that notices of change of address shall only be effective upon receipt.

COVID-19: Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.

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 may not be changed or modified, except by a writing signed by the parties hereto. A copy of the X3 Sports Privacy Policy, General Terms and Conditions, Membership Terms and Conditions, Personal Training Procedures, and Waiver and Release are also available for reference at http://x3sports.com/policies/.

Last Updated: 12 JAN 2021