IBX FITNESS MEMBERSHIP TERMS AND CONDITIONS

SUMMARY

  1. NEW MEMBER PROMO: Your membership will start as three months for the price of two. This will roll over into a month-to-month membership beginning on the fourth month unless notice is given to switch to an annual membership or cancel your membership.

  2. ANNUAL MEMBERSHIP: Your membership will last for 12 monthly payments. Upon successful completion of your twelfth payment, this agreement will automatically renew into an additional twelve-month contract.

  3. You can cancel your membership at any time with a 30-day notice. You must fill out our cancellation form to enact your cancellation. This membership requires a minimum 3-month commitment

  4. ANNUAL MEMBERSHIP CANCELLATION: The policy as stated in #3 above also applies for annual memberships. In addition, should you cancel before your 12 months have been paid, you will be charged $30 per active month of membership (the difference in pricing between annual and month-to-month). This applies to the first 12 months, and any 12-month period thereafter.

  5. You can pause your membership up to 30 days once per calendar year for free. You cannot pause your first, second, or third month as part of the promotion. Any additional pauses in the same calendar year will be $50 per pause. You must submit the pause form no later than 7 days before the 1st of the month you wish to pause in order to enact your membership pause.

  6. Late cancels (0-8 hours before your scheduled class) or no-shows will result in a loss of class credit per occurrence. If you are an unlimited member, then it will result in a $15 charge per occurrence

  7. You cannot downgrade your membership during the promotional months (month 1, 2, 3). You may upgrade or downgrade the frequency of your membership by emailing info@ibxfitness.com no later than 7 days before the 1st of the month you wish to change your membership.

  8. Every year on the anniversary month of your membership, your rates will increase by 3%

1. FEES & TERM

1.1a. NEW MEMBER PROMO: Your first two months will cost a total of $X per month, with the third month free as part of a promotion. Starting with your fourth month, you will be charged $X per month (see section 1.15 for more information). The term of this Agreement will last month-to-month. If you wish to cancel this membership after the promotion, you must submit a cancellation notice no later than the end of the second month (see section 7 for details).

1.1b. ANNUAL MEMBERSHIP: You will be paying $Y per month, the term of this Agreement will last for twelve months.

1.2. You will be auto-charged once per month on the 1st or 15th of the month (unless stated otherwise). Upon successful completion of your payment, this agreement will automatically renew into an additional month-to-month contract.

1.3. If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to a Studio until all outstanding amounts have been paid.

1.4. Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.

1.5. If you pay any Fees, by direct debit, then this will be through our Biller (not us). You will be provided with a copy of the Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement.

1.6. By nominating a credit or debit account, you authorize our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement.

1.7. You must keep your account details up to date and ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments. If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited, membership utilization is void until payment has been received.

1.8 If there are any erroneous charges to your account, please contact info@ibxfitness.com, and we will work with you to clarify if the charge was indeed in error. If it is found to be in error, a refund will be issued back to the card/account that was charged.

1.9 If your Agreement is for a fixed term, it will continue after the end of that term unless you tell us in writing at any time (but at least 30 days) before the end of the term that you wish to cancel your Membership. If you tell us before the end of the term but it is less than 30 days before, your Membership will continue for another 30 days before it ends. Any discounts afforded to you for the amount of the fixed term are subject to removal. You will be notified via email before any discounts are removed.

1.10. Late Cancel/No Show Policy: You may cancel a class booking up to 8 hours prior to the start of class. If you cancel within the 8-hour window or do not show up to class, you will be charged a $15 fee. This applies to drop-ins, free or discounted trial memberships, and unlimited memberships that are month-to-month and/or annual. For memberships that have a fixed number of classes per month (i.e. 8x a month membership, 12x a month membership) or any class pack holders, the fee will be a lost class credit.

1.11. You can cancel your membership at any time by following our cancellation policy outlined in Section 7.

1.12. I hereby acknowledge that my monthly membership price is subject to an annual price increase not to exceed 3% of the total billable monthly amount. This price increase will happen automatically on the yearly anniversary of my membership - if the starting date of my membership is not the 1st of the month, then the price increase takes effect each year on the 1st of the month I originally started.

1.13. Should you want to purchase extra classes for a given month, you can do so at the price per class. Utilizing external services (i.e. ClassPass, etc.) to purchase additional classes is prohibited if you are a monthly member.

1.14. I hereby acknowledge that if I want to upgrade or downgrade my membership, I must notify IBX staff by sending an email to info@ibxfitness.com no later than 7 days before the 1st of the month I wish to upgrade/downgrade. Should I pause/cancel my membership prior to the date that my upgrade or downgrade takes effect, the pause/cancellation will affect my current membership and pricing, and will void the requested upgrade/downgrade. A new upgrade/downgrade request will need to be made.

1.15. Starting with your fourth month, you may switch to an annual plan the current annual rate (charged monthly thereafter) so long as you provide written notice to info@ibxfitness.com 7 days before the end of your third month, and you sign an annual membership contract. If no notice is given, your rate will increase to the standard month-to-month rate as mentioned in section 1.1.

2. HEALTH & SAFETY

2.1. When you become a Member and each time you use our Studio or participate in a Class, you must ensure that:

(a) you are in good physical condition and know of no medical or other reason why you should not exercise.

(b) you do not have any physical, medical, or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury, or death to you as a result of:

(i) active or passive exercise; or

(ii) participating in a Class.

(c) you have received your Covid-19 vaccination, and you are up to date with all eligible booster vaccinations.

If unsure about any of the matters set out above, you should not use the Studio or participate in a Class until you have sought appropriate medical guidance and been given the go-ahead.

2.2. You must not participate in a Class if:

(a) you have an infection, contagious illness, or physical ailments, such as an open cut or sore

(b) if you present a foreseeable risk of passing sickness on to other members to be determined at our discretion

2.3. YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN HIGH-INTENSITY INTERVAL TRAINING IS A STRENUOUS PHYSICAL ACTIVITY AND MAY NOT BE SUITABLE FOR ALL PERSONS. IMPROPER USAGE OF ANY ITEM OF EQUIPMENT OR A FAILURE TO FOLLOW INSTRUCTIONS FROM AN INSTRUCTOR MAY RESULT IN INJURY OR DEATH.

2.4. You agree to give us all relevant personal, health, and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, the responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.

2.5. You promise that all information you give us will be true and accurate and not misleading in any way.

2.6. We may suspend or cancel your Membership if we have reason to suspect that you have not complied with any part of this clause.

2.7. The minimum age for training with us is 18.

2.8 IBX Fitness does not guarantee any particular results from our programs. Results are a combination of how closely an individual follows the program, in addition to their habits outside the control and scope of IBX Fitness. Results may vary.

3. PRIVACY

3.1. When you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be disclosed to and used by IBX Fitness, the rights holder in relation to the IBX Fitness brand, marks, and training programs.

3.2. By agreeing to these Terms, you consent to us collecting, using, disclosing, and dealing with your personal information in accordance with the Terms and our privacy policy. In particular, you consent to the disclosure and use of your personal information to IBX Fitness. Note that your health/financial information will never be disclosed other than to relevant IBX Fitness staff, and will remain confidential and secure in our membership management system.

3.3. You can access our privacy policy by contacting us in writing at any time. You can access IBX Fitness’s privacy policy at https://ibxfitness.com/privacy-policy.

3.4. You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information or health, including anything that may affect your health or safety.

3.5. You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. By agreeing to these Terms, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or by IBX Fitness.

4. YOUR RESPONSIBILITIES

4.1. If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorization, appropriate action will be taken. For example, your Membership may be immediately suspended or canceled, you may be banned from joining any Studio, and/or we may refer the matter to the appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.

4.2. For your health and safety and the health and safety of other Members, you must ensure that you comply with any direction given to you by an Instructor or any other staff member from time to time.

4.3. Studio Rules apply to everyone attending the Studio or participating in a Class. They are usually displayed in the Studio. Studio Rules form part of this Agreement so you must make sure you read, understand, and follow them at all times. If you break any of the Studio Rules we reserve the right to use our discretion to respond in a way we consider fair and appropriate. In less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Studio Rules, we may suspend or cancel your Membership. If your breach causes us or another person costs, loss, or damages, you agree to pay for these.

4.4. You promise to take care to use the Studio and all exercise equipment safely and properly. If you are ever not sure how to operate any equipment properly, you must ask an Instructor or another staff member before you use it.

4.5. You agree to pay for any loss or damage to the Studio and its equipment caused by you through a willful, wrongful, or negligent act or as a result of your breach of this Agreement.

4.6. You agree to follow any reasonable direction of a member of the Studio staff relating to health, safety, security, or related matters.

4.7. You promise not to unnecessarily bring valuables into a Studio and agree that it is not the obligation of the Studio to look after the unattended property.

4.8 You agree to disclose any health issues and any changes to your health to IBX Fitness staff that could affect your participation in IBX Fitness programs.

5. COMMERCIAL ACTIVITY

5.1. You acknowledge that engaging in any commercial or business activities in the Studio, such as offering training services or selling goods in the Studio is prohibited unless IBX Fitness grants you written permission to do so. If IBX Fitness gives you written permission, it can revoke this at any time.

6. SUSPENDING YOUR MEMBERSHIP

6.1. You may temporarily suspend or freeze your Membership for any reason if your account is up to date. In any 12-month period, you may freeze your Membership 1 time for up to 30 days. Pausing notice must be given by email to info@ibxfitness.com and by submitting the membership pause form. You must submit the pause form no later than 7 days before the 1st of the month that you wish to pause. The pause will take effect only once the email and form submission has been received 7 days before the 1st of the month to be paused.

6.2. We may agree to freeze your Membership for more than the period noted in clause 6.1 at our discretion for certain travel, medical or hardship reasons but you must give us proof (such as supporting documents) to our reasonable satisfaction.

6.3 After the first 30 days in a calendar year have been used, you may pause your membership at a rate of $50/month paused. Pausing notice must be given by email to info@ibxfitness.com and by submitting the membership pause form. You must submit the pause form no later than 7 days before the 1st of the month that you wish to pause. The pause will take effect only once the email and form submission has been received 7 days before the 1st of the month to be paused.

6.4 An end date must be provided in order to pause a membership.

7. CANCELLING YOUR MEMBERSHIP

7.1. You can cancel your Membership at any time by submitting an email notice to info@ibxfitness.com and filling out our membership cancellation form. Once both the email and form submission have been completed, we will cancel your membership 30 days from the date of the email and form submission.

7.2. You will also be liable for any non-sufficient funds (NSF) fees incurred.

7.3. Once the membership cancellation form has been submitted, you cannot upgrade or downgrade your membership.

8. TERMINATION

8.1. Cancellation Policy: We require an email and submission of our cancellation form. You must provide a 30-day notice of termination prior to your next bill date for any and all memberships, which include (but are not limited to) the month-to-month, annual, 8x month, 12x month, and unlimited options.

8.2. In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time.

8.3. If we cancel your Membership under clause 9, you will be liable for Fees incurred, i.e. your Fees for the time you were a Member (calculated on a pro-rata basis). We may also charge a fee to recover costs, losses, or damages caused by your breach.

8.4. You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Fees for an extended period. We may cancel your Membership if you become bankrupt or insolvent.

9. OUR LIABILITY

9.1. If you agree to these terms, you agree, to the extent allowed by any law, regulation, or ordinance that cannot be excluded by law, to exclude or modify our liability to you for death, injury, or illness from your training or use of the Studio, whether or not it results from our negligence.

9.2. Nothing in this Agreement excludes, restricts, or modifies any terms, conditions, warranties, guarantees, rights, or remedies that cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights, or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.

9.3 You agree to all items in the liability and model release waiver previously signed. To receive a copy of your signed waiver, please email info@ibxfitness.com, and one will be provided for you.

10. GUESTS

10.1. Each Guest agrees to and must otherwise comply with clauses 2, 3, 4, 5, 9, and 11 as if a reference to a Member was a reference to a Guest.

11. GENERAL LEGAL MATTERS

11.1. We are not responsible if Members cannot use our Studio because of an event caused by a natural force (such as a fire or a flood), government shutdown, pandemic-related closure, a road or building closure, or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply, and any future charges will be canceled. You will still be responsible for any outstanding prior debts.

11.2. If a court decides that any part of this Agreement is or becomes illegal, void, or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.

11.3. If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in the future.

11.4. You agree that we have not made any written or oral representations or promises that you have relied on that are not in this Agreement.

11.5. The law of Alameda County, California applies in relation to this Agreement.

INTEGRATION CLAUSE

This contract contains the entire agreement between you and IBX Fitness hereto and supersedes any and all prior written and/or oral agreements. This Agreement may be altered or modified only in writing signed by you and IBX Fitness hereto.

INDEMNITY CLAUSE

You agree to hold IBX Fitness and its employees harmless against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arises out of or relates to any act or omission of IBX Fitness, with the exception of gross negligence.

LIMITED LIABILITY CLAUSE

To the maximum extent permitted by law, IBX Fitness’s total liability and that of its directors and employees, to the Client for all Claims, including interest on any Claim is limited to 12 months of membership fees.

CONTACT US

For further information about our practices, to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Owner/ General Manager

727 San Pablo Ave.

Suite 102-CD

Albany, CA 94706

info@ibxfitness.com

510-999-4135

I hereby acknowledge that I understand the cancellation, pause, upgrade/downgrade, and 3% annual increase policies outlined above, and an IBX staff member has answered any questions I had about this contract.