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Additional Terms and Conditions may be listed within your personal membership agreement and/or personal training 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 session. 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 Personal Training 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 AND FREEZE TERMS AND CONDITIONS

Member may cancel Personal Training 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 Personal Training Agreement and all other documents and evidence of Personal Training 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: [email protected], Phone: 678-903-0100, Fax: 678-951-0505.

(2) At any time after the initial Term/during month-to-month Personal Training (“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: [email protected], Phone: 678-903-0100, Fax: 678-951-0505.

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

• Member shall pay all past due payments and fees.

• For 3 and 6 month term packages, Member shall pay a cancellation fee equivalent to 1 month of Personal Training dues at time of cancellation in addition to applicable Membership cancellation fees.

• For 12 month term packages, Member shall pay a cancellation fee equivalent to 2 months of Personal Training dues at time of cancellation in addition to applicable Membership cancellation fees.

• Member may not terminate membership and maintain Personal Training.

• Early termination of Personal Training may result in forfeiture sessions credits. Member must use any remaining unused credits before Membership termination or session expiration (whichever comes first).

• 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: [email protected], Phone: 678-903-0100, Fax: 678-951-0505.

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

• Member shall pay all past due payments and fees.

• Member must follow all applicable relocation cancellation policies as outlined in their Membership Agreement.

• 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: [email protected], Phone: 678-903-0100, Fax: 678-951-0505.

Member may “freeze” Personal Training, as follows:

• Member shall pay all past due payments and fees.
• Member shall pay a $19 per month maintenance charge per active Personal Training Agreement.
• Member may freeze Member’s Personal Training Agreement in 1, 2, or 3 month increments.
• The Personal Training 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: [email protected], 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: [email protected], 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.

NOTICE REQUIRED BY LAW: Any holder of this consumer credit Agreement is subject to all claims and defenses which the debtor could assert against the seller of goods and services obtained pursuant thereto or with the proceeds hereof. Recover hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

Do not sign this Personal Training Agreement before you have read all of the terms and conditions of this Agreement. The client is entitled to a completely filled in copy of this Agreement. The client acknowledges that they have been told: (1) That this document is an Agreement and will become legally binding upon its acceptance by X3 Sports; (B) The terms and conditions of this Agreement; (c) That Member acknowledges that they have examined the facilities and that they accept them in the present condition, and Member assumes any and all risk involved in the use of the facility and equipment; (D) There are no warranties either expressed or implied which extend beyond this Agreement; (E) That Member may cancel a scheduled appointment 24 hours before that appointment without a charge, and that when cancellations are made with less than 24 hours notice, they will be billed for that session.

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.

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: 20SEP2020