X3 Sports Personal Training Procedures

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

 

Personal Training Procedures:
  • Member agrees that mandatory weekly sessions are a priority.
  • Member agrees to be punctual for all appointments and to be dressed in workout attire and ready to train in a timely manner.
  • All Personal Training session credits are issued upon successful receipt of each payment and expire 60 days from the date of issue, which dates are enforced to ensure consistency and results.
  • Member shall provide Member’s trainer with no less than 24 hours advance notice to reschedule or cancel a session, or be subject to session forfeiture.
  • Member must make-up rescheduled sessions on or before the credit expiration date. Any sessions not used by the expiration date are forfeited without refund.
  • For semi-private sessions (2-4 members per session), all members of the training group must show for the session to be designated as a semi-private If one or more member(s) cancels or reschedules a session in compliance with X3 Sports policies, the entire session is canceled and all members retain those group session credits. If Member wants a private session during that time slot, Member may purchase a separate credit for a single session. If one or more member(s) do not show for the session and did not cancel or reschedule in compliance with X3 Sports policies, the session is considered forfeited for that member and the other members may still complete the session.
  • Member may reschedule sessions missed arising out of the inability or decision of X3 Sports not to provide a particular session as a result of Force Majeure or the preservation of the health, safety and welfare of its members, with the credit expiration date being extended by the same number of days in which X3 Sports was unable to provide the session(s).
  • Member understands that Member shall execute a Membership Agreement for membership with X3 Sports and Membership Agreement for Personal Training, each of which shall remain valid contemporaneously and each of which is a binding Agreement with Member.
  • Member’s termination of Personal Training is subject to the cancellation provisions hereinafter set forth.
Cancellation, Account Freezes, and Relocation Procedures:

Member may cancel Program only as follows:

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

  • Member shall submit a cancellation request to the X3 Sports General Manager for processing (retaining a copy for Member’s records).
  • Cancellation must be hand delivered or postmarked by midnight of 7th day after the date of this Agreement, along with a copy of the Agreement and all other documents and evidence of membership previously delivered to the

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

  • Member shall pay all past due payments and fees.
  • Member shall submit a cancellation request to the X3 Sports General Manager for processing (retaining a copy for Member’s records).
  • If this is a term Agreement that has entered a month-to-month status, 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 Cancellation 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.
  • If this Agreement started on a month-to-month basis, a 30-day notice is required.

During the Initial Term (“Early Termination”):

  • Member shall pay all past due payments and fees.
  • Member shall pay 1 month’s payment for 3 and 6 month packages and 2 months’ payment for 12 month packages.
  • Member shall submit a cancellation request to the X3 Sports General Manager for processing (retaining a copy for Member’s records).
  • Member may not terminate Membership and maintain Personal
  • Early cancellation of Personal Training may result in forfeited session Member must use any remaining unused credits before Membership termination or session expiration (whichever comes first).

Member may “freeze” Personal Training as follows:

  • Member shall pay all past due payments and fees.
  • Pay a $10 per month maintenance charge.
  • Member shall submit a freeze request to the X3 Sports General Manager for processing (retaining a copy for Member’s records).
  • X3 members may freeze their accounts in 1, 2, or 3 months increments for any reason.
  • 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, which may result in a regular monthly payment.
  • In order to ensure 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.

Member may cancel Program due to relocation during the Personal Training term, as follows:

  • Member must follow all relocation policies and procedures as outlined in their Membership
  • Member shall pay all past due payments and fees.
  • 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, they must move an additional 10 miles away (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 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.
  • Member shall submit a cancellation request to the X3 Sports General Manager for processing (retaining a copy for Member’s records).
  • Member must initiate cancellation request, provide proof of relocation, and finalize relocation fee at least 30 days prior to Member’s next monthly billing Otherwise, Member’s account may result in a regular monthly payment occurring in addition to relocation fee.

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation required under this Agreement, X3 Sports will have the right to declare the entire remaining balance due and payable. You expressly agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees and expenses. A default occurs when any payment due under this Agreement is more than ten (10) days late. A service fee 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, you will be charged a late fee. If the Member is paying monthly dues by electronic funds transfer (EFT), X3 Sports’s billing company, ABC Financial Services, LLC, reserves 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.

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 the city of your club location and 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 it 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 it 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.