MEMBERSHIP AGREEMENT SERVICES:
The service being requested is for coaching designed to progress the Client toward elite fitness. The Agreement is for these services over a specific period of time or sessions during which the Client is eligible to partake in any and all activities in accordance with their membership package. XP360 Strength & Conditioning (“XP360”) offers the following membership options to its Clients:
(1) MONTH TO MONTH MEMBERSHIPS
(2) 6-MONTH AGREEMENT MEMBERSHIPS
(3) ANNUAL AGREEMENT MEMBERSHIPS
All membership types are non-transferable, non-assignable, and non-saleable. Any such attempted transfer, assignment, or sale is void and will not be honored.
MEMBERSHIP TERM:
The term of the Agreement shall commence on the date of purchase, (or otherwise selected start date noted within the membership plan) and shall continue until the expiration of the membership plan, unless otherwise cancelled inaccordance with the provisions of the Agreement.
REFUNDS:
No refunds shall be made for services purchased, except as specifically provided in the Agreement.
PAYMENT & BILLING:
Client’s options for payment of Month-to-Month and Agreement Memberships include monthly payment by credit card or EFT, per the guidelines of the Agreement. Each month, the monthly payment is charged to the Client's credit card or deducted from the Client's account on the anniversary of their contract start date. If the date of their anniversary does not exist in any given calendar month, payment will be charged on the last day of the month.
LATE CANCEL/NO SHOW POLICY:
It is the responsibility of the Client to manage their class reservations. Should the Client reserve a spot in class and either late cancel* or no-show, the following penalties apply:
Limited Memberships: The Client’s pass is forfeited and they have fewer opportunities to receive services that week.
Unlimited Memberships: The Client will be charged a $20 Late Cancel/No-Show fee.
*A Late Cancel is considered to be a cancellation within six hours of the start of the class.
AUTO RENEWAL:
Month-to-Month Memberships: Client acknowledges that the Month-to-Month Membership will be automatically renewed upon expiration. Each term shall begin the day following the previous expiration date and shall continue, in perpetuity, until such time as Client follows the necessary cancellation process.
6-Month and Annual Agreement Memberships: Client acknowledges that 6-Month and Annual Agreement Memberships will automatically renew at the end of the term for the same duration as the original contract.
Client may also incur an inflation fee increase of 3% annually on January 1st. This increase may be automatic and no advanced notice of such increase is required.
CLIENT'S RIGHT TO CANCEL:
Month-to-Month Membership Agreements: The Client may terminate the Month-to-Month Membership Agreement, without penalty with ten (10) days advance written notice of their billing date. Written notice stating that you, the Client, are cancelling this Month-to-Month Membership Agreement, must be sent to XP360 via email (info@xp360fit.com).
6-Month or Annual Membership Agreements: The Client may only terminate the Agreement, without penalty, by reason of death or disability. If Client is unable to receive all XP360 services for which Client has contracted, Client and Client's estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed physician's note regarding the nature of the disability). Written notice accompanied by a signed physician's note must be sent to XP360 via email (info@xp360fit.com) within ten (10) days of requested termination date.
The Client may terminate the 6-Month or Annual Membership Agreement for convenience by remitting an early termination fee equivalent to 50% of the remaining membership dues.
Any requests sent on or after the Client’s billing date will not be refunded.
CLIENT'S RIGHT TO HOLD:
Month-to-Month Membership Agreements: Membership holds are not available for month-to-month agreements. Should the Client want to pause their membership, it can be terminated and a new membership started at a later date.
6-Month or Annual Membership Agreements: The Client may place their Membership on hold two (2) times per calendar year up to three (3) consecutive months each time. Advanced notice of at least two (2) business days is required. The hold must be 30 days in duration at minimum and 30 days must elapse between holds.
Upon expiration of the term of the hold, the Client's account will automatically become active and payments will resume. Should the Client choose to return prior to the end of their hold period, the hold will be released and payments will resume. The submission of a hold effectively halts the Annual Membership Agreement contract period and the contract term will resume upon the release of the Client’s hold period.
CLIENT'S DEFAULT:
Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, XP360 shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If XP360 delays or refrains from exercising any rights under this Agreement, XP360 does not waive, nor will XP360 lose those rights. If XP360 accepts late or partial payments from the buyer, XP360 does not waive the right to receive full and timely payments and other charges due under this Agreement.
SUCCESSORS AND ASSIGNEE(S):
Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assignee(s) of Client, and anyone claiming by or through Client.
ENFORCEABILITY:
The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect.
However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
GOVERNING LAW:
This Agreement shall be governed and enforced in accordance with the laws of the State of California. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, XP360 and Client agree that the venue for such action shall exclusively be Santa Clara County, California.
ATTORNEY FEES:
In the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney's fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
XP360 will always notify the client via email if and when any changes or updates are made to the XP360 Waiver or Membership Agreement. If the client continues to use XP360 services thirty calendar days after the XP360 Waiver or Membership Agreement have been updated and sent, the client, by default, agrees to the most up-to-date XP360 Membership Agreement or Waiver. It is the responsibility of the client to regularly check all email accounts, including spam folders, for any and all email correspondence sent by XP360.
While XP360 strongly encourages all new clients to sign the company's Waiver and Membership Agreement, if a new client continues to use XP360 services but does not have a current signed Membership Agreement and Waiver on file after seven calendar days of using the service, the client, by default, agrees to the most up-to-date XP360 Membership Agreement and Waiver, and therefore assumes all risk as stated in the Membership Agreement and the Waiver.