X FACTOR FITNESS NOTICE OF MEMBERSHIP DUES RENEWAL AGREEMENT
This Notice of Dues Renewal Agreement (the "Agreement") is entered into by and between X Factor Fitness, located in Visalia, California, hereinafter referred to as "X Factor Fitness" or "Gym," and the individual whose name and signature appear on the membership application, hereinafter referred to as the "Member." By signing this Agreement, Member acknowledges and agrees to the terms and conditions set forth herein regarding dues renewal, payment schedule, and all associated terms.
This Agreement outlines the terms and conditions that apply to the renewal and payment of membership dues for X Factor Fitness. By signing this Agreement, the Member agrees to renew their membership on a monthly basis, with the automatic renewal of dues occurring on the third (3rd) day of each month, as specified below. The Member is also advised that all membership renewals and associated fees are subject to the regulations of the State of California, including the California Health Studio Services Act (Cal. Civ. Code §1810 et seq.) and applicable California Business and Professions Code.
2.1 RENEWAL CYCLE
The Member`s membership will automatically renew on the third (3rd) day of each month at the rate initially agreed upon during the membership selection and sign up process. This renewal is contingent upon payment of the applicable dues as outlined in the original membership agreement.
2.2 ANNUAL FEE
An annual fee, as agreed upon during the membership selection process, will be billed on the third (3rd) month following the Member’s initial sign up. The annual fee will then be charged yearly on the same month thereafter. The annual fee will not be prorated or refunded.
2.4 AUTOMATIC RENEWAL
Membership will automatically renew on a monthly basis unless a written notice of cancellation or modification is submitted in accordance with the cancellation policy set forth in Section 7 of the Membership Terms and Conditions.
3.1 FREEZE DURATION
In the event that the Member wishes to temporarily suspend their membership, they may request to freeze their membership for a period of six (6) months at a time. This freeze option is designed to allow the Member to pause their membership due to personal, medical, or financial reasons without fully canceling their account.
3.2 FREEZE FEE
The freeze option will be available for a monthly fee of $5.00 for each month the membership is frozen. The freeze fee is due on the regular monthly renewal date and is non-refundable.
3.2 FREEZE REQUEST
To initiate a membership freeze, the Member must submit a written request to X Factor Fitness or make the request in person with a Team Member and sign the appropriate form. The Member will receive written confirmation of the successful suspension. Please note that if the freeze request is made prior to the first (1st) of the month, the Member may still be billed for that month.
3.3 AUTOMATIC UNFREEZE
Upon the expiration of the freeze period, the Member`s membership will automatically reactivate on the next scheduled renewal date at the standard membership rate, unless the Member provides prior written notice of cancellation or modification.
3.4 MANUAL UNFREEZE
The Member may reactivate their account at any time by submitting an unfreeze request in person with a Team Member and signing the appropriate form. The Member will be responsible for paying any dues owed for the remainder of the billing cycle, based on the date the account is reactivated.
4.1 HEALTH STUDIO SERVICES ACT COMPLIANCE
This Agreement, and all fees associated with it, are governed by the California Health Studio Services Act (California Civil Code §1810 et seq.). The Act mandates specific disclosures and protections for consumers who enter into contracts with health studios. X Factor Fitness adheres to all applicable provisions of the Health Studio Services Act, including but not limited to the following:
In accordance with California Civil Code §1815, the Member may cancel this Agreement within five (5) business days from the date of signing the original membership agreement or the date of this renewal agreement, whichever is applicable, for a full refund of all membership fees paid. Written notice must be delivered to X Factor Fitness during this period for the cancellation to be effective.
X Factor Fitness will not require any prepayment of more than one (1) year of membership fees in advance as per California Civil Code §1812.7. Any payments due will be assessed monthly, unless the Member has agreed to a long-term contract which complies with applicable laws.
5.1 REVIEW AND UNDERSTANDING
The Member acknowledges that they have read, understood, and agree to the terms outlined in this Agreement and the original Membership Terms and Conditions Agreement. It is the Member’s responsibility to ensure that they are aware of any changes to fees, policies, or terms of membership.
5.2 PAYMENT TERMS
The Member agrees to pay all dues, fees, and charges in full and on time. Failure to make timely payments will result in a suspension of membership privileges and may incur additional fees, including but not limited to late fees or processing charges.
5.3 NOTIFICATION OF CHANGES
The Member agrees to notify X Factor Fitness of any changes to their payment information (e.g., credit card number, billing address) or any other account-related information. Failure to update this information may result in delayed payments and potential service interruptions.
6.1 TERMINATION BY MEMBER
To cancel the membership, the Member must provide written notice to X Factor Fitness at least thirty (30) days before the next billing cycle. Cancellation will take effect at the end of the next billing cycle, and no further dues will be charged after that date.
6.2 TERMINATION BY X FACTOR FITNESS
X Factor Fitness reserves the right to terminate the Member’s membership for the following reasons, which may include but are not limited to:
7.1 MODIFICATION OF AGREEMENT
Member acknowledges that they have received, read, and understand the X Factor Fitness rules and policies, including the Code of Conduct, which are posted within the Gym and/or available upon request. Member agrees to comply with all rules, regulations, and safety instructions provided by X Factor Fitness, its employees, and representatives.
By signing this Agreement, Member and, where applicable, Parent/Guardian, acknowledge that they have read and fully understand its contents.
X FACTOR FITNESS WAIVER OF RELEASE AND LIABILITY AGREEMENT
This Waiver of Release and Liability Agreement (the "Waiver") is entered into by and between X Factor Fitness, located in Visalia, California (hereinafter referred to as "X Factor Fitness" or the "Gym"), and the undersigned individual, (hereinafter referred to as "Member.)" By signing this Waiver, Member voluntarily agrees to release X Factor Fitness from any and all claims, including personal injury, death, or property damage, arising from participation in fitness programs or activities at the Gym. This Waiver is legally binding and applies to all activities, services, and equipment at X Factor Fitness.
2.1 INHERENT RISKS OF PHYSICAL ACTIVITY
Member acknowledges that participating in any form of physical exercise, including but not limited to weightlifting, cardio workouts, group classes, and use of Gym equipment, involves inherent risks. These risks include, but are not limited to, physical injury, muscle strain, sprains, fractures, heart attack, stroke, or even death.
2.2 VOLUNTARY ASSUMPTION OF RISK
By signing this Waiver, Member confirms that they understand these risks and voluntarily accept them. Member agrees to participate in activities at X Factor Fitness at their own risk and assumes all responsibility for any injury or harm that may occur.
2.3 HEALTH CONDITION
Member represents and warrants that they are in good health and physically capable of participating in the activities and programs offered at X Factor Fitness. Member acknowledges that they should consult a physician before starting any exercise program, especially if they have any pre-existing medical conditions, such as heart disease, joint or bone problems, or any other physical limitations.
3.1 GENERAL RELEASE
To the fullest extent permitted by law, Member releases, discharges, and holds harmless X Factor Fitness, its owners, employees, contractors, agents, representatives, and affiliates (collectively, "Released Parties") from any and all liability, claims, demands, actions, or causes of action for personal injury, death, property damage, or any other loss arising out of or related to Member`s participation in activities at the Gym. This release applies whether the injury or loss results from the negligence of the Released Parties or from any other cause.
3.2 SCOPE OF RELEASE
This release includes, but is not limited to, any claims related to the use of Gym equipment, participation in fitness classes, personal training, or any other activity or service provided by X Factor Fitness.
4.1 INDEMNITY OBLIGATION
Member agrees to indemnify, defend, and hold harmless X Factor Fitness and the Released Parties from and against any and all claims, actions, damages, liabilities, costs, and expenses (including attorney`s fees) arising out of or in connection with Member’s actions or participation in activities at the Gym, including any injuries or damages caused to third parties.
5.1 NO INSURANCE PROVIDED BY GYM
X Factor Fitness does not provide any health, medical, or disability insurance for its members. Member is solely responsible for obtaining their own medical insurance and assumes full responsibility for any and all medical expenses that may arise from participation in activities at the Gym.
6.1 PROPER USE OF EQUIPMENT
Member agrees to use all Gym equipment and facilities in a safe and proper manner. Member acknowledges that improper use of equipment or failure to follow Gym rules could result in injury. Member is encouraged to seek instruction or training from Gym staff if they are unfamiliar with how to use any equipment.
6.2 SAFETY EQUIPMENT
Member agrees to wear appropriate attire and any necessary safety equipment (e.g., gloves, belts, knee sleeve or wraps) while participating in physical activities at the Gym.
6.3 EQUIPMENT MAINTENANCE
Member agrees to report any malfunctioning equipment to Gym staff immediately. Member understands that failure to report faulty equipment could result in injury, and that X Factor Fitness will make reasonable efforts to maintain and inspect equipment regularly.
7.1 COMPLIANCE WITH GYM POLICIES
Member acknowledges that they have received, read, and understand the X Factor Fitness rules and policies, including the Code of Conduct, which are posted within the Gym and/or available upon request. Member agrees to comply with all rules, regulations, and safety instructions provided by X Factor Fitness, its employees, and representatives.
7.2 INAPPROPRIATE BEHAVIOR
Member understands that failure to comply with Gym rules, including disruptive behavior, misuse of equipment, or violation of safety protocols, may result in termination of membership without refund, and possible legal action if necessary.
8.1 TERMINATION OF MEMBERSHIP
X Factor Fitness reserves the right to terminate the membership of any individual who engages in conduct deemed inappropriate, unlawful, or unsafe.
8.2 CANCELLATION RIGHTS
Member has the right to cancel this Waiver and their membership under the California Health Studio Services Act (Cal. Civ. Code §1810 et seq.). Member may cancel their membership within five (5) business days after signing this Waiver, as provided by California Civil Code §1815. To cancel, Member must submit written notice of cancellation to X Factor Fitness.
9.1 CALIFORNIA HEALTH STUDIO SERVICES ACT
This Waiver and Release Agreement complies with the California Health Studio Services Act (Cal. Civ. Code §1810 et seq.), which governs health clubs in California. This includes provisions for the cancellation of contracts and protection for members against certain types of unfair business practices.
9.2 UNCONSCIONABLE PROVISIONS
Member acknowledges that if any provision of this Waiver is deemed to be unenforceable or unconscionable under California law, it will be severed from this Agreement, and the remaining provisions will remain in full force and effect.
10.1 GOVERNING LAW
This Waiver shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles.
10.2 DISPUTE RESOLUTION
Any disputes arising from this Waiver or the Member`s participation in activities at the Gym shall be resolved through binding arbitration in Tulare County, California, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and enforceable in any court of competent jurisdiction.
X FACTOR FITNESS ANNUAL FEE TERMS AND CONDITIONS AGREEMENT
This Annual Fee Terms and Conditions Agreement (the "Agreement") is entered into between X Factor Fitness, located in Visalia, California (hereinafter referred to as "X Factor Fitness" or "Gym"), and the individual whose name and signature appear on the membership application (hereinafter referred to as "Member"). By signing this Agreement, Member acknowledges and agrees to the terms and conditions set forth herein regarding the annual fee, payment schedule, and all associated terms.
2.1. The Annual Fee is a mandatory charge billed to all Members to cover facility maintenance, equipment upgrades, and operational enhancements.
2.2. The amount of the Annual Fee is determined by the type of membership selected at the time of sign up and remains in effect unless modified per Section 9 of this Agreement.
2.3. The Annual Fee is separate from the Member’s monthly dues and is non-refundable except as required by law.
3.1. The Annual Fee will be billed on the third month following the Member`s sign up date and every twelve (12) months thereafter.
3.2. The Annual Fee will be automatically charged to the Member’s designated payment method on file.
4.1. X Factor Fitness reserves the right to adjust the Annual Fee at its discretion to accommodate changes in operational costs, maintenance needs, or facility improvements.
4.2. Any changes to the Annual Fee will be communicated to the Member at least thirty (30) days in advance via email or other written notice.
4.3. Members will be provided the opportunity to cancel their membership prior to the effective date of any fee changes without penalty.
5.1. The Annual Fee is non-refundable under any circumstances, including but not limited to Member relocation, injury, disability, or dissatisfaction with Gym facilities or services, except where otherwise required by applicable law.
6.1. Members may cancel their membership in accordance with the X Factor Fitness Membership Terms and Conditions Agreement.
6.2. Cancellation of membership does not entitle the Member to a refund of any previously charged Annual Fees.
6.3. If a Member cancels their membership and later re-enrolls, a new Annual Fee will be assessed in accordance with the terms of this Agreement.
6.4. X Factor Fitness reserves the right to terminate a Member’s membership for failure to comply with this Agreement, non-payment of any outstanding balances, or violations of Gym policies.
7.1. Member acknowledges and agrees that the Annual Fee is assessed for facility and equipment upkeep and is not a usage-based fee.
7.2. Member further acknowledges that failure to pay the Annual Fee as required by this Agreement may result in loss of access to X Factor Fitness facilities and services.
8.1. This Agreement is subject to all applicable laws and regulations of the State of California, including but not limited to:
8.2. Members have the right to cancel their membership within five (5) business days of signing this Agreement, as provided by California Civil Code §1815, by delivering written notice to X Factor Fitness.
9.1. X Factor Fitness reserves the right to modify these Terms and Conditions at any time with reasonable notice to Members.
9.2. Any modifications will be communicated to Members via email or other written notice at least thirty (30) days prior to implementation.
9.3. Continued use of X Factor Fitness facilities after modifications take effect constitutes Member’s acceptance of the revised terms.
By signing this Agreement, Member and, where applicable, Parent/Guardian, acknowledge that they have read and fully understand its contents.
X FACTOR FITNESS MEMBERSHIP TERMS AND CONDITIONS AGREEMENT
This Membership Terms and Conditions Agreement (the "Agreement") is entered into between X Factor Fitness, located in Visalia, California (hereinafter referred to as "X Factor Fitness" or "Gym"), and the individual whose name and signature appear on the membership application (hereinafter referred to as "Member"). By signing this Agreement, Member acknowledges and agrees to the terms and conditions set forth herein regarding memberships, code of conduct, payment schedule, and all associated terms.
2.1. Membership is available to individuals 18 years or older.
2.2. At the discretion of X Factor Fitness, minors between the ages of 9 and 17 may become members with written parental or legal guardian approval provided on the front of this Agreement.
2.3. Minors ages 9 through 13 must have a parent or legal guardian present while working out.
3.1. Members agree to pay the agreed-upon membership dues as specified in their membership agreement.
3.2. Monthly dues are payable on the agreed-upon due date each month.
3.3. If a Member chooses to pay their dues using a credit or debit card, an additional $10.00 processing fee will be applied each month.
3.4. If a Member`s payment is declined or returned due to insufficient funds/NSF or any other reason, the Member will be charged a fee of $10.00 per occurrence.
X Factor Fitness reserves the right to adjust hours for maintenance, emergencies, or other operational needs.
5.1. Members must conduct themselves in a respectful manner at all times while in the Gym.
5.2. Harassment, intimidation, or any inappropriate behavior toward staff or other members will result in immediate termination of membership without a refund.
5.3. The consumption, possession, or use of alcohol, illegal drugs, marijuana or tobacco products is expressly prohibited.
5.4. Proper athletic attire must be worn at all times and closed-toed shoes are encouraged.
5.5. Use of offensive language, unwanted or disruptive behavior is prohibited.
5.6. Equipment must be wiped down after each use and returned to its proper location.
5.7. Members are responsible for their personal belongings. X Factor Fitness is not responsible for lost or stolen items.
5.8. Unauthorized personal training or solicitation of services within the Gym premises is strictly prohibited.
5.9. Members must comply with all posted rules and safety regulations.
6.1. Member acknowledges and agrees that participation in any physical activity carries inherent risks, including but not limited to injury, illness, or death.
6.2. Member voluntarily assumes all risks and agrees to release, waive, and discharge X Factor Fitness, its owners, employees, and affiliates from any and all claims arising from the use of the Gym facilities.
6.3. Member is advised to consult with a physician before beginning any fitness program.
7.1. Memberships may be canceled by providing written notice at least 30 days before the next billing cycle.
7.2. X Factor Fitness reserves the right to terminate a membership for violation of this Agreement, non-payment of dues, or any conduct deemed inappropriate.
8.1. This Agreement is subject to the laws and regulations of the State of California, including but not limited to:
9.1 Members are encouraged to direct any inquiries, concerns, or issues pertaining to their membership, facilities, equipment, services, or overall experience at X Factor Fitness through the following communication methods:
10.1 In the event that an inquiry or concern pertains to a serious matter requiring escalation or direct involvement from management, members should contact Robert M. Herndon, Managing Director of X Factor Fitness, as follows:
11.1. X Factor Fitness reserves the right to modify these Terms and Conditions at any time with reasonable notice to Members.
By signing this Agreement, Member and, where applicable, Parent/Guardian, acknowledge that they have read and fully understand its contents.