Terms and Conditions of KXFitness
Introduction
The purpose of KXFitness, Keystone Xtreme Fitness, & Netbelts LLC (“KXFitness”) is to provide fitness and martial arts services to our members.
The http://www.kxfitness.net website (the “Site”) is composed of various web pages operated by KXFitness.
http://www.kxfitness.net is an E-Commerce Site.
By accessing and using the facilities, services, and programs provided by KXFitness, you agree to comply with and be bound by the following terms and conditions.
Assumption of Risks and Waiver of Liability
Participation in fitness and martial arts activities involves inherent risks of injury or harm, and by enrolling or using our facilities, you acknowledge and accept these risks.
I acknowledge that I have voluntarily chosen to participate in one or more physical exercise or fitness activity or sport programs or martial arts (the “Programs”). I acknowledge the nature of the risks of the particular Programs in which I have chosen to participate, and the strenuous nature of those Programs.
By agreeing to this document, I expressly assume all risk for my health and well-being and expressly assume the other risks associated with participating in the Programs, including, but not limited to, the negligence of a KXFitness participating location and any other organization or individual participating or involved in providing or promoting any classes, functions, Programs, testing, or other activities that participate in as a KXFitness LLC Health Program member (including without limitation the owners, officers, directors, employees, and representatives of the foregoing). I also hereby release, waive, discharge and covenant not to sue any class instructor, any KXFitness. LLC participating location, any sponsoring organization, KXFitness, or any of their subsidiaries or any other organization or individual providing or promoting classes, functions, Programs, testing, or other activities that I participated in as a KXFitness Program member (including without limitation the owners, officers, directors, employees, and representatives of any of the foregoing) at any time hereafter, from any and all demands, liabilities, losses, or damages (including death, bodily injury or damage to property) caused or alleged to be caused in whole or in part by the negligence of any of the foregoing people or entities.
Participant’s Responsibilities
Participants are responsible for assessing their physical fitness and health suitability for engaging in gym activities.
Participants must disclose any pre-existing health conditions, injuries, or limitations that may affect their ability to safely participate.
In the event that my physician has recommended any limitations to my physical activity or I have experienced any of the following conditions, I hereby attest that I have informed my physician of the condition(s) and have obtained express consent from my physician
Participants must follow all instructions, rules, and guidelines provided by instructors or staff during classes or while using gym equipment.
Photo Release
I hereby consent to the photographing of myself and the recording of my voice and the use of these photographs and/or recordings singularly or in conjunction with other photographs and/or recordings for advertising, publicity, commercial or other business purposes. I understand that the term “photograph” as used herein encompasses both still photographs and motion picture footage.
I further consent to the reproduction and/or authorization by KXFitness to reproduce and use said photographs and recordings of my voice, for use in all domestic and foreign markets. Further, I understand that others, with or without the consent of KXFitness may use and/or reproduce such photographs and recordings.
I hereby release KXFitness and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees from all claims of every kind on account of such use.
Code of Conduct
Participants must conduct themselves respectfully towards instructors, staff, and other participants. You must use gym equipment responsibly. You must follow all safety guidelines and use the equipment with a spotter, if required. Please report any malfunctioning equipment immediately.
Children Under Thirteen
KXFitness does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use our facilities only with permission and supervision of a parent or guardian.
Children Under 16 Policy
Children under the age of 16, who’s parent or guardian has an active 24 Hour Gym Membership and live in the same household, may attend the 24 hour gym with the Active Member at no extra charge. The Active Member must keep the child under constant supervision and control. Only one keycard per active account will be given out. The active member assumes all responsibility for the child and their actions. KXFitness and/or its owners will not be held liable for any harm that may come to the person under 16. The stated terms and conditions also apply to any children under the age of 16.
Payments and Membership
One time payments will be charged one time and you will not be charged again until you buy that service again.
Monthly membership will be charged on the same calendar day every month.
Monthly memberships require an active credit card to sign up and stay an active member. If your payment fails for any reason you will immediately lose access to our services. We will notify you via the email listed on your account that your payment has failed. It is your responsibility to fix the issue and inform us that it has been resolved so we can try your payment again. Once the payment goes through you will regain access to our services.
Your membership only entitles you to the services listed under that program.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KXFitness is not responsible for third party access to your account that results from theft or misappropriation of your account. KXFitness and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Termination of Membership
KXFitness reserves the right to terminate or suspend a participant’s membership for violating these terms or for non-compliance with gym policies.
You may cancel your membership at any time by mail, email (keystonexfitness@gmail.com) or by accessing your account online through our website. Cancellations by mail or email must be received 48 hours before the renewal of your membership.
If canceled, your membership will continue until the end of your payment period and then be terminated.
Electronic Communications
Visiting http://www.kxfitness.net or sending emails to KXFitness constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Intellectual Property
KXFitness retains all rights to its intellectual property, including training methodologies, branding, and proprietary materials used during classes.
Dispute Resolution and Governing Law
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Changes to Terms
KXFitness reserves the right, in its sole discretion, to change the Terms under which our services are offered. The most current version of the Terms will supersede all previous versions. KXFitness encourages you to periodically review the Terms on our website to stay informed of our updates.
Contact Information
KXFitness welcomes your questions or comments regarding the Terms:
Keystone X Fitness
67 N Main Street
Dover, Pennsylvania 17315
Email Address:
KeystoneXFitness@gmail.com
Telephone number:
(717) 781-2202
Effective as of January 01, 2024
These terms are valid as long as you are a member of KXFitness.
I acknowledge that I have read, understood, and agreed to the terms and conditions outlined in this agreement.