Terms and Conditions

MEMBERSHIP PRICE: Consists of Membership Dues for the first and last month and Annual Fees. You agree to pay the Membership Dues (billed on the 15th of each month), Annual Fee and all taxes. If you are under 18 we require an adult to guarantee payment. The Annual Fee and Membership dues are nonrefundable except as stated in this Agreement. Your first automatic deduction will occur on the 15th of the month. This will include your first and last month plus any applicable sales tax. Should you decide to workout prior to the 15th, you would simply pay a pro-rated amount of the month in store.

ANNUAL FEE: A $29+ tax Annual Fee will be assessed in order to lock in and guarantee your Membership Dues as stated above. If enrolled from 5/1-10/31, it will be billed on Dec. 5. If enrolled between 11/1-4/30, it will be billed on June 5. I authorize this deduction to be processed annually through the same account as my regular Membership Dues.

MEMBERSHIP RULES AND REGULATIONS: You agree to follow all present and future rules of the club, including but not limited to hours of operation, use of equipment and facilities, personal hygiene, attire and workout towel. We reserve the right to revoke or suspend membership if you or your guest, fail to follow any rules or regulations. If your membership is suspended your obligation to make payments under this Agreement continues. It is prohibited for any member or guest to conduct, purchase, or subscribe to any commercial business or activity or to solicit any business at any club without our prior written consent.

MEMBERSHIP TYPES – XISTFIT: Unlimited access to the fitness and cardio equipment billed at a rate of $9.99 per month + taxes.

XTRAFIT: Unlimited access to the fitness and cardio equipment, guest privileges, classes, Red Light, hydro massage bed, Cardio FliX, KidsXist up to 2 kids, plus access to all clubs as well as Entry level tanning billed at a rate of $19.99 per month + taxes.

XTREME: Unlimited access to the fitness and cardio equipment, guest privileges, classes, Red Light, hydro massage bed, Cardio FliX, KidsXist up to 5 kids, plus access to all clubs as well as ALL levels of tanning billed at a rate of $49.99 per month + taxes.

AUTOMATIC PAYMENT PLAN (EFT): You agree to make payments of your Membership Dues, outstanding balances of Enrollment Fee, Annual Fee and any past due amounts from the account listed below. The deductions will begin on the date listed below and will continue until we receive a request of your intent to cancel this membership by sending certified or registered mail to your original location, or signing a cancellation form in person. To process a cancellation you must be current on your Membership Dues and Annual Fees. Non-payment or cancellation of reoccurring payments does not terminate your membership and will result in additional fee(s).

BILLING DISPUTE: Should you have a dispute about any charge on your bank/credit card statement, you must notify Xist Fitness within 60 days in which the charge is posted or you will be deemed to have accepted the charge as undisputed.

DOWNGRADE: You will only be allowed to downgrade your membership one time without any fees. Any subsequent downgrades to your memberships will result in a $99 downgrade fee.

BUYERS RIGHT TO CANCEL: If you wish to cancel this Agreement, you may cancel by delivering written notice to this health spa by certified mail, return receipt requested. The notice must say that you do not wish to be bound by this Agreement and must be mailed before midnight of the third business day after you sign this Agreement. The notice must be delivered or mailed to your original location. We will refund you all money paid under this Agreement within thirty days of receipt of such notice.

NOTICE TO THE BUYER: DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT. YOU ARE ENTITLED TO AN EXACT COPY OF THE AGREEMENT. You agree that you have not relied on any oral statements as an enticement to enter into this Agreement. You further understand that no representative of company may alter anything on this Agreement. YOU WILL BE REQUIRED TO SIGN A WAIVER AND RELEASE TO WHICH YOU WILL BE BOUND PRIOR TO BEING PERMITTED TO PARTICIPATE IN ACTIVITIES AT XIST FITNESS CLUB.

CANCELLATION UPON DEATH OR DISABILITY: You, or your estate have the right to cancel this membership if member dies or becomes permanently disabled and is unable to use is substantial portion of the services for sixty or more consecutive days. To cancel under this paragraph, send written proof of death or disability. Your cancellation will be effective upon the date of death or disability. You agree that we may verify member’s disability with member’s doctor or by having member submit to a physical examination by a doctor agreeable to member and us. The term of your membership may be extended for time loss due to temporary disability.

DEFAULT: You will be in default if you breach any of this Agreements terms or conditions. If you fail to pay an installment within 30 days after the date when such installment is due or you fail to comply with the provisions of this Agreement including but not limited to membership rules and regulations, you are in default under this Agreement. If you re in default, your membership privileges may denied and we can demand immediate payment of all unpaid amounts due to us. ATTORNEY FEES, COLLECTION FEES AND COURT COSTS: If you fail to pay any fees due under this Agreement, we may retain a collection agency and/or an attorney for collection proceedings. You will be responsible for payment of all collection costs including reasonable attorney fees and court costs.

ASSIGNMENT: This Agreement may be assigned by us, if assigned, the term “company” will also mean the company to which this assignment is assigned. Member or buyer may sell, assign or transfer this membership.

MEMBER’S RESPONSIBILITLY AS TO USE OF CLUB: You (buyer, each member and all guests) should consult with your physician before using our services and facilities. You understand and acknowledge that we have no expertise in diagnosing, examining, or treating any medical condition. You agree that you will not use the facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies, or inability to maintain personal hygiene, if such condition poses a direct threat to yourself or others. You also agree you will use the club in accordance with all applicable public health requirements. The club reserves the right to make final decision as to use of the facilities.

RESERVATION OF RIGHTS: We may at any time close any of our facilities or alter our hours of operation. We also may amend the cost of, alter, add, modify and/or eliminate any program or service at our sole discretion. Equipment available is subject to demand and may be crowded at peak hours. In no way does this reduce any of your obligations under this agreement.

INDEPENDENT CONTRACTORS: From time to time we may make available to members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to members or their guests for any period of time.

MEMBERSHIP CARD: A valid ID must be presented on first visit to receive your key card. A $10.00 replacement fee will be required for a lost or stolen key card. Member understands that admittance to the club will be denied without a current and valid membership card.

ENTIRE AGREEMENT AND ENFORCEMENT: You acknowledge that this agreement constitutes the entire agreement between the parties and that you have not relied on any promises, representations, understandings, and/or agreements relating to this membership purchase, At our option this membership may be null and void if not in accordance with current pricing and membership policy. NO CHANGE TO ANY PRINTED ITEM IN THIS AGREEMENT SHALL BE VALID.

DISHONORED CHECK/CREDIT CARD CHARGE: Buyer agrees to pay a $15 fee for any returned check or credit card payment.