IMPORTANT: THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY, PAYMENT AUTHORIZATION, AND A BINDING ARBITRATION AGREEMENT.
BY SIGNING THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, AND YOU ARE AUTHORIZING RECURRING PAYMENTS FOR MEMBERSHIP FEES AND OTHER CHARGES DESCRIBED IN THIS AGREEMENT.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING.
This Membership Agreement (“Agreement”) is entered into between CLR Body Shoppe, LLC, doing business as EXSS Fit (“EXSS Fit”) , located at 609 Richlands Highway Suite 1, Jacksonville, North Carolina 28540 , and the undersigned member (“Member”).
1. APPLICATION AND MEMBER REPRESENTATIONS
Member hereby applies for membership (“Membership”) at EXSS Fit fitness facility ("Facility") and represents and warrants that:
a. Member is at least eighteen (18) years of age , or if Member is under eighteen (18) years of age ("Minor"), Member has obtained the written consent of a parent or legal guardian who must sign this Agreement and accept full responsibility for the Agreement obligations.
b. All information provided by Member in this Agreement and in any related membership application, enrollment form, or account information is true, accurate, and complete to the best of Member’s knowledge.
c. Any membership application, enrollment form, or related documentation completed by Member is incorporated by reference and made a part of this Agreement.
d. Member agrees to promptly update EXSS Fit if any information provided becomes inaccurate, including contact information or payment information.
I Agree
2. USE OF MEMBER INFORMATION
By providing personal contact information to EXSS Fit, including but not limited to name, phone number, email address, and mailing address , Member consents to EXSS Fit using such information for internal business purposes , including membership management, account communication, service updates, promotions, and internal marketing communications. EXSS Fit agrees that Member information will be used solely for internal business and marketing purposes and will not be sold to third parties except as reasonably necessary to operate the business, process payments, or comply with applicable law.
Member may request to opt out of marketing communications at any time by providing written notice to EXSS Fit.
3. MEMBERSHIP OPTIONS, AUTOMATIC RENEWAL, AND PROMOTIONAL PERIOD
“Membership Dues” means the recurring monthly fee charged to the Member for access to the Facility, excluding any initiation fees, enrollment fees, or administrative fees. Member must submit Membership selection with this Agreement.
“Draft Date” means the specific calendar date on which payment is processed and due , which is determined by the date the Member enrolls in Membership
“Billing Cycle” means the recurring period between scheduled Membership Dues charges, typically one (1) month, measured from one Draft Date to the next Draft Date.
3(a) MEMBERSHIP OPTIONS
"Fixed-Term Contract Membership" means a Membership that requires a specified commitment period of either twelve (12) months or twenty-four (24) months .
“Month-to-Month Membership” means a Membership that does not have a specified commitment period and automatically renews each Billing Cycle.
"Paid-in-Full Membership" means a Membership in which the Member pays the full Membership fee at the time of enrollment for a specified commitment period of twelve (12) months .
Membership commitment period shall begin on the Draft Date the Member's first Membership Dues payment is due or processed and shall continue for each subsequent Billing Cycle.
Members who select a Paid-in-Full Membership option agree that the Membership fee is non-refundable except where refunds are required by applicable law.
Membership privileges shall remain in effect regardless of the Member’s level of Facility usage.
3(b) AUTOMATIC RENEWAL
Member understands and agrees that all Membership options renew automatically unless properly cancelled in accordance with the cancellation procedures described in Section 22 of this Agreement.
Month-to-Month Membership:
Membership will automatically renew at the at the end of each Billing Cycle and Membership Dues shall continue to be charged on the Member's Draft Date each Billing Cycle until the Membership is properly canceled in accordance with the cancellation procedures described in Section 22 of this Agreement..
Fixed-Term Contract Membership:
Upon expiration of the commitment period, the Membership shall automatically convert to a Month-to-Month Membership, and Membership Dues shall continue to be charged on the Member's Draft Date each Billing Cycle until the Membership is properly canceled in accordance with the cancellation procedures described in Section 22 of this Agreement.
Paid-in-Full Membership:
Upon expiration of the commitment period, the Membership shall automatically convert to a Month-to-Month Membership, and Membership Dues shall continue to be charged on the Member's Draft Date each Billing Cycle until the Membership is properly canceled in accordance with the cancellation procedures described in Section 22 of this Agreement.
3(c) PROMOTIONAL ACCESS PERIOD
" Promotional Access Period " means any period of complimentary or promotional access to the Facility provided to a Member prior to the date the Member's first Membership Dues payment is due or processed.
The Promotional Access Period begins on the date access to the Facility is granted and ends on the date communicated to the Member at enrollment or on the day immediately preceding the Member's first Membership Dues Draft Date , whichever occurs first.
Members acknowledges that any Promotional Access Period provided prior to the first Membership Dues payment is complimentary and does not reduce, shorten, or replace the Member’s commitment period.
Member understands that if a promotional access period is provided in connection with enrolling in a Month-to-Month Membership, Member agrees that at least one (1) full Billing Cycle payment shall be processed on the Member's Draft Date following the promotional access period.
If Member cancels the Membership prior to the first Membership Dues Draft Date payment being processed, Member agrees to pay EXSS Fit the value of the Promotional Access Period received at their membership rate chosen at enrollment.
I Agree
4. ELIGIBILITY
Use of the Facility and participation in any EXSS Fit programs or services is limited to individuals who meet the eligibility requirements established by EXSS Fit. Membership privileges may only be granted to individuals who are at least eighteen (18) years of age, unless a parent or legal guardian has executed this Agreement or other written authorization approved by EXSS Fit on behalf of a minor.
Individuals under eighteen (18) years of age may only access the Facility or participate in programs under the conditions established by EXSS Fit and with the written consent of a parent or legal guardian . Additional terms and restrictions applicable to minors may apply.
EXSS Fit reserves the right, in its sole discretion and consistent with applicable law, to deny, suspend, or revoke membership or Facility access to any individual who fails to comply with this Agreement, violates Facility rules, or whose presence may pose a safety risk to themselves, other members, staff, or the Facility
5. HEALTH ACKNOWLEDGEMENT
Member represents that they are physically able to participate in exercise and fitness activities and have no medical condition that would prevent safe participation in the use of the Facility , except as disclosed to and approved by EXSS Fit. Member understands that it is their responsibility to consult with a physician prior to beginning any exercise program if they have any health concerns.
Member acknowledges that EXSS Fit does not provide medical advice, diagnosis, or treatment , and that participation in any exercise program is voluntary and undertaken at the Member’s own risk.
6. MEMBERSHIP PRIVILEGES
Membership grants access to general exercise facilities, equipment, and scheduled group classes at EXSS Fit for twenty four (24) hours a day, seven (7) days a week, and three hundred sixty five (365) days a year.
Membership does not include personal training, special programs, or other premium services, which may require additional fees. Membership privileges are non-transferable and non-assignable .
EXSS Fit reserves the right to temporarily close the Facility or portions of the Facility for maintenance, repairs, equipment replacement, or safety concerns. .
7. MINOR ACCESS AND SUPERVISION
" Minor " means any individual under eighteen (18) years of age
“Parent” means the parent, legal guardian, or other individual who has the legal authority to sign this Agreement on behalf of the Minor
Minor Members may access and use the Facility only during staffed hours , unless the Minor is accompanied by the Parent who is also present within the Facility.
Parent and Minor acknowledge that staffed hours are subject to change and that, due to scheduling conflicts or circumstances outside the control of EXSS Fit, staff may occasionally be unavailable during posted staffed hours . Such a temporary unavailability does not alter the requirement that Minor may only access the Facility during posted staffed hours or when accompanied by a Parent.
EXSS Fit reserves the right to restrict, suspend, or deactivate Membership if the Minor attempts to access the Facility outside of staffed hours or violates the Minor Access and Supervision requirements of this Agreement.
The Parent acknowledges and agrees that they remain responsible for the conduct, safety, and supervision of the Minor Member while using the Facility.
8. RULES, REGULATIONS, AND PROPERTY DAMAGE
8(a) RULES AND REGULATIONS
Member agrees to comply with all posted rules, policies, and regulations of EXSS Fit, which are established for the safety, security, and enjoyment of all members. EXSS Fit reserves the right to establish, modify, or update Facility rules, policies, operating procedures, hours of operation, equipment, services, and amenities at its sole discretion from time to time as reasonably necessary for the safe and effective operation of the Facility, and such rules shall be considered incorporated into this Agreement.
Such updates may be communicated through posted notices in the Facility, email, or other reasonable methods of notice to Member.
Continued use of the Facility after such notice shall constitute acceptance of the updated rules or policies. Nothing in this provision permits modification of the essential terms of this Agreement.
Failure to follow Facility rules, policies, or staff instructions may result in suspension or termination of Membership privileges , without refund where permitted under this Agreement.
8(b) PROPERTY DAMAGE
Member agrees to be financially responsible for any damages to EXSS Fit property, equipment, or facilities caused by the Member's actions, negligence, misuse of equipment, or failure to follow facility rules or staff instructions.
Member agrees to reimburse EXSS Fit for the full cost of repair or replacement of any damaged property.
Member further agrees to pay any reasonable attorney's fees, court costs, collection costs, or other expenses incurred by EXSS Fit in enforcing this provision or recovering amounts owed as a result of damage caused by Gues t, to the extent permitted by law..
I Agree
9. UNSTAFFED HOURS USE
Member acknowledges that EXSS Fit operates on a 24-hour access basis and that staff may not be present at the Facility at all times. Member understands and agrees that use of the Facility during unstaffed hours is voluntary and undertaken at the Member’s own risk.
Member acknowledges that no supervision, instruction, or assistance may be available during unstaffed hours and agrees to use the Facility only if Member believes they can do so safely without supervision.
Member acknowledges that staffed hours are subject to change and that, due to scheduling conflicts or circumstances outside the control of EXSS Fit, staff may occasionally be unavailable during posted staffed hours . Such temporary unavailability does not constitute a breach of this Agreement.
By accessing the Facility during unstaffed hours, Member assumes all risks associated with exercising without staff supervision and releases EXSS Fit from liability for injuries or damages occurring during such hours except in cases of gross negligence or willful misconduct.
I Agree
10. UNAUTHORIZED ENTRY AND LIABILITY
Member acknowledges that Membership privileges are personal and non-transferable.
Member understands that access to the Facility is granted using a unique number sequence ("Access Code")
Member agrees not to allow any non-member, guest, or unauthorized person to enter the Facility using the Member’s Access Code or credentials.
Members must enter the Facility individually using their own Access Code credentials and may not permit another person to enter the Facility by holding the door open, sharing Access Code, or otherwise bypassing the access control system.
Member understands and agrees that allowing unauthorized persons to enter the Facility using Member’s Access Code is a material breach of this Agreement.
Member shall be financially responsible for any damage, theft, injury, or loss caused by any person admitted to the Facility using the Member’s Access Code, credentials, or otherwise bypassing the access control system..
Member further agrees to pay any reasonable costs incurred by EXSS Fit in recovering such amounts, i ncluding but not limited to administrative costs, collection costs, court costs, and reasonable attorney's fees, where permitted by law.
EXSS Fit reserves the right to terminate Membership immediately without refund if Member allows unauthorized access to the Facility. Member may also be responsible for reasonable costs, damages, or losses incurred by EXSS Fit resulting from unauthorized access.
11. EMERGENCY ACCESS
Member acknowledges that EXSS Fit may permit law enforcement, emergency medical personnel, fire department personnel, building management, or other emergency responders to enter the Facility without notice when reasonably necessary to respond to an emergency, protect individuals, or protect property.
Member consents to such emergency access and agrees that EXSS Fit shall not be liable for actions taken by emergency personnel responding to such situations except in cases of gross negligence or willful misconduct.
12. VIDEO SURVEILLANCE AND SECURITY
Member acknowledges that EXSS Fit utilizes video surveillance and electronic monitoring systems throughout the Facility for the safety and security of members, staff, and property. By entering the Facility, Member consents to the following:
The Facility may be monitored and recorded by video surveillance systems at all times , including during staffed and unstaffed hours.
Surveillance recordings may be used by EXSS Fit for security, safety investigations, enforcement of Facility rules, and legal purposes.
Member acknowledges that EXSS Fit does not provide on-site security personnel during all hours of operation and agrees to use the Facility at their own discretion during staffed and unstaffed hours.
Member releases EXSS Fit from liability related to incidents occurring during unstaffed hours except in cases of gross negligence or willful misconduct.
13. KIDS ZONE
Member acknowledges that use of the kids zone is subject to a separate agreement and waiver , which must be completed and signed by a parent or legal guardian prior to a minor participating in the area.
I Agree
14. ASSUMPTION OF RISK
Member acknowledges and understands that participation in exercise, strength training, cardiovascular activities, use of exercise equipment, and other fitness-related activities involves inherent risks , including but not limited to muscle strain, sprains, fractures, heart complications, falls, equipment malfunction, or other injuries or illnesses that may occur as a result of participation.
Member understands and acknowledges that the use of the EXSS Fit Facility involves inherent risks and hazards , including but not limited to slips, trips, or falls caused by wet or slippery surfaces, or equipment. Such conditions may result from sweat, water, spilled beverages, cleaning products, or other substances that may accumulate on floors, mats, weights, bars, plates, resistance bands, other exercise items. or exercise equipment during normal gym operations .
This release includes claims arising from ordinary negligence , but does not apply to claims resulting from gross negligence or willful misconduct of EXSS Fit.
Member understands participation is voluntarily and assumes all risks, known and unknown , associated with the use of EXSS Fit facilities, equipment, programs, and services.
I Agree
15. RELEASE OF LIABILITY AND INDEMNIFICATION
To the fullest extent permitted by law, Member, on behalf of themselves and their heirs, executors, administrators, assigns, and personal representatives, hereby releases, waives, and discharges CLR Body Shoppe, LLC, doing business as EXSS Fit (“EXSS Fit”), and its owners, officers, employees, agents, contractors, affiliates, and representatives (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, or liabilities arising out of or related to Member’s presence at or use of the EXSS Fit Facility , including but not limited to the use of exercise equipment, participation in fitness classes, personal training sessions, or any other fitness-related activities , except to the extent caused by the gross negligence or willful misconduct of the Released Parties.
Member further agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, damages, liabilities, losses, costs, or expenses, including reasonable attorneys’ fees and court costs , arising out of or related to Member’s use of the EXSS Fit Facility, Member’s participation in any activities or services provided by EXSS Fit, or Member’s violation of any EXSS Fit rules, policies, or procedures.
This Release of Liability and Indemnification provision shall survive the termination of Membership.
Member acknowledges that they have carefully read this Release of Liability and Indemnification and understand that it affects their legal rights.
16. PAYMENT TERMS AND DISCOUNTED MEMBERSHIP
16(a) PAYMENT TERMS
Member agrees to pay all charges due at the time of enrollment. The total amount due shall be reflected on the invoice generated at checkout and processed upon completion of the enrollment transaction.
Member understands and agrees that an enrollment fee ("Enrollment Fee") may be charged at the time the Agreement is initiated to offset administrative costs associated with establishing Membership services.
Membership Dues shall be automatically processed on the Draft Date using the Primary Payment Method . If the applicable Draft Date does not occur in a particular month , the Membership Dues shall be processed on the last calendar day of that month.
Membership Dues are billed in advance for each monthly Billing Cycle. Once Membership Dues have been processed on the Draft Date, the Member is responsible for the full Billing Cycle and the Membership will remain active through the Billing Cycle except where a refund is required by applicable law.
Member agrees to continue paying the applicable Membership Dues, Facility Maintenance Fee, and other fees and charges outlined in this Agreement each Billing Cycle. Such payments shall continue to be due and payable until Membership is properly canceled in accordance with the cancellation procedures described in Section 22 of this Agreement.
Failure to maintain valid Primary Payment Method does not cancel this Agreement and does not relieve Member of payment obligations under this Agreement.
16(b) DISCOUNTED MEMBERSHIP RATE
Member understands that EXSS Fit offers a discounted Membership rate for Members who elect to pay Membership Dues through ACH from a bank account as their Primary Payment Method.
Members who choose to pay by credit card or other payment method may be charged the standard Membership rate ..
Members who enroll online using a credit or debit card will receive a thirty (30) day courtesy period during which the ACH discounted rate will apply .
Member understands if they do not provide valid ACH bank account information as the Primary Payment Method for billing within thirty (30) days of Agreement date , the Membership shall automatically convert to the standard Membership rate beginning with the next Billing Cycle .
Member acknowledges that continued eligibility for the discounted rate requires active ACH billing from a bank account as the Primary Payment Method.
I Agree
17. MAINTENANCE FEE
All members agree to pay a forty nine dollars ( $49.00) Facility Maintenance Fee ("Maintenance Fee") , which shall be charged during the third (3rd) month of Membership on the first (1st) day of that month , and annually thereafter on the same date ("Maintenance Fee Draft Date").
Member acknowledges the Maintenance Fee is a standard annual Facility fee used for equipment maintenance, sanitation, and Facility improvements.
The Maintenance Fee is separate from Membership Dues and is non-refundable . By signing this Agreement, Member authorizes EXSS Fit to draft the Maintenance Fee on the Maintenance Fee Draft Date using the same Primary Payment Method.
I Agree
18. ELECTRONIC FUNDS PAYMENT AUTHORIZATION
Member authorizes EXSS Fit to initiate recurring Electronic Fund Transfer ("EFT"), including Automated Clearing House ("ACH") debits or charges to a credit or debit card, for all Membership fees, dues, and charges authorized under this Agreement.
Member represents and warrants that they are an authorized signer or otherwise have legal authority to provide and authorize the use of the bank account or payment method provided ("Primary Payment Method") for EFT payments.
EXSS Fit may require a Member to provide an updated or alternative payment method ("Secondary Payment Method") if any payment is declined.
Member acknowledges and agrees that the Secondary Payment Method may be used without additional notice or authorization if the Primary Payment Method fails. EXSS Fit may attempt to process declined payments multiple times using any payment method authorized by the Member.
Member understands that providing payment information for an account without proper authorization may constitute fraud under applicable law, including but not limited to North Carolina Financial Transaction Card Fraud statutes (N.C. Gen. Stat. §14-113.13) and other applicable laws governing fraudulent financial transactions.
This authorization shall remain in effect until The Membership is properly canceled in accordance with the cancellation procedures described in Section 22 of this Agreement..
19. LATE FEES AND EARLY TERMINATION FEES
Failure to maintain a valid payment method or failure to make required Membership Dues payments constitutes a material breach of this Agreement . Upon breach, EXSS Fit may suspend Membership privileges or cancel Membership.
Monthly Membership Dues received more than ten (10) days past the Draft Date for each Billing Cycle, may incur a fee (“Late Fee”) of fifteen dollars ($15.00).
If a Fixed-Term Contract Membership is cancelled before the end of the commitment period for reasons not permitted under this Agreement, Member agrees to pay an early contract termination fee ("Early Contract Termination Fee") equal to the lesser of:
1. Two hundred dollars ($200.00); or
2. The total remaining Membership Dues owed for the remainder of the commitment period.
20. DEFAULT, ACCOUNT BALANCES, AND COLLECTION COSTS
20(a) DEFAULT
Any Membership Dues not satisfied within forty-five (45) days of the missed Draft Date shall be considered a default under this Agreement and may result in cancellation of the Membership and the assessment of any applicable fees or charges associated with such cancellation
Upon default, all outstanding balances and any applicable fees permitted by law shall become immediately due and payable.
20(b) ACCOUNT BALANCE
“Member Account” means the account maintained by EXSS Fit in the Member’s name that records all Membership Dues, fees, payments, credits, and any outstanding or past due balances owed by the Member under this Agreement.
If Membership Dues are not received on the Draft Date, the unpaid Membership Dues and the Late Fee will be added to the Member Account for each Billing Cycle the Primary Payment Method fails These amounts will continue to accrue on the Draft Date for each Billing Cycle until the Membership is properly canceled in accordance with the cancellation procedures described in Section 22 of this Agreement. .
Any applicable annual or periodic Maintenance Fee will be charged on the Maintenance Fee Draft Date regardless of the status of the Member Account. If the Member Account is past due when the Maintenance Fee Draft Date occurs, and the Primary Payment Method fails, the Maintenance Fee will be added to the Member Account.
Cancellation of Membership does not waive or eliminate any unpaid balances or fees owed under this Agreement.
20(c) COLLECTION COSTS
Member agrees to pay all reasonable collection costs, administrative fees, attorney’s fees, and court costs incurred by EXSS Fit in enforcing this Agreement or collecting unpaid balances to the extent permitted by law.
I Agree
21. BILLING DISPUTES
Member agrees not to initiate a chargeback or payment dispute ("Chargeback") with their bank or credit card issuer for any charge that was authorized under this Agreement. If Member believes a billing error has occurred, Member agrees to contact EXSS Fit directly and allow a reasonable opportunity to investigate and resolve the issue before initiating a Chargeback.
If a Chargeback is initiated, EXSS Fit may charge the Member Account a Chargeback administrative fee of up to thirty five dollars ($35.00) per occurrence , in addition to any amounts owed.
Member understands that by disputing or misrepresenting authorization for a valid charge incurred under this Agreement, may constitute fraud under applicable law, including but not limited to North Carolina Financial Transaction Card Fraud statutes (N.C. Gen. Stat. §14-113.13) and other applicable laws governing fraudulent financial transactions.
22. CANCELLATION PROCEDURES AND CANCELLATION RIGHTS
22(a) CANCELLATION PROCEDURE
Cancellation must be submitted in writing by:
Email: cliff@exssfit.com
or
Mail/Delivery:
EXSS Fit
609 Richlands Hwy Suite 1
Jacksonville, NC 28540
or
Online Cancellation Agreement
www.exssfit.com/cancel
Notice must be submitted at least fourteen (14) days before the next scheduled Draft Date to prevent a possible additional Billing Cycle, except where cancellation rights are otherwise required by applicable law .
Member may cancel the Membership under the following conditions:
22(b) THREE-DAY CANCELLATION RIGHT
Member may cancel this Agreement within three (3) business days after signing. If Member cancels within the three (3) business day period, Member shall be entitled to a full refund of all monies paid .
The notice must be delivered, mailed, or emailed before midnight of the third (3rd) business day following the date this Agreement was signed. If the notice is mailed, cancellation shall be effective on the date the notice is deposited in the United States mail, properly addressed and postage prepaid.
22(c) DEATH OR PERMANENT DISABILITY CANCELATION RIGHT
If the Member dies or becomes permanently disabled , Membership may be cancelled by the Member, the Member’s legal representative , or the Member’s estate .
For purposes of this Agreement, permanent disability means a condition verified by a licensed physician that prevents the Member from using one-half (1/2) or more of the EXSS Fit facilities for a period of six (6) months or longer .
EXSS Fit may require reasonable written documentation from the Member, the Member’s legal representative, or a licensed physician confirming the death or permanent disability or death.
Upon verification, the Membership will be deemed cancelled on the date verification is received .
Cancellation under this provision will stop future Draft Date or billing obligations, but Member remains responsible for any outstanding balances owed up to the effective date of cancellation.
EXSS Fit will refund to the Member at least ninety percent (90%) of the pro rata cost of any unused service as calculated in Section 23 of this Agreement.
22(d) MEMBER RELOCATION CANCELLATION RIGHT
If Member permanently relocates their primary residence to a location more than eight (8) miles from their present location and thirty (30) miles from the Facility , Member may cancel the Membership.
Member must provide written notice of cancellation along with reasonable proof of relocation , which may include documentation such as a new lease agreement, utility bill, driver’s license update, or other documentation reasonably acceptable to EXSS Fit confirming the relocation. Upon verification of relocation, EXSS Fit shall cancel the Membership.
Upon verification, the Membership will be deemed cancelled on the date verification is received .
Cancellation under this provision will stop future Draft Date or billing obligations, but Member remains responsible for any outstanding balances owed up to the effective date of cancellation.
EXSS Fit will refund to the Member at least ninety percent (90%) of the pro rata cost of any unused service as calculated in Section 23 of this Agreement.
22(f) FACILITY RELOCATION CANCELLATION RIGHT
If EXSS Fit permanently relocates the Facility to a location more than eight (8) miles from their present location, or the services provided by EXSS Fit are materially impaired, Member may cancel the Membership.
Membership will be deemed cancelled on the date verification is received .
Cancellation under this provision will stop future Draft Date or billing obligations, but Member remains responsible for any outstanding balances owed up to the effective date of cancellation.
EXSS Fit will refund to the Member at least ninety percent (90%) of the pro rata cost of any unused service as calculated in Section 23 of this Agreement.
22(f) MILITARY ORDERS CANCELLATION RIGHT
Members receiving qualifying military orders may cancel or temporarily pause (“Freeze”) their Membership upon written notice to EXSS Fit and submission of a copy of the applicable military orders.
Cancellation will be processed in accordance with the Servicemembers Civil Relief Act and applicable law.
Cancellation under this provision will stop a future Billing Cycle , but Member remains responsible for any outstanding balances owed up to the effective date of cancellation.
Refunds, if any, shall only be provided where required by applicable law calculated from the date written notice and supporting documentation are received.
If the Member elects to Freeze the Membership, the Billing Cycle shall be suspended for the duration of the qualifying military orders. Upon the Member’s return and written request to reactivate the Membership , the Membership may be reinstated for the remaining months of the original commitment period that had not yet been used at the time the freeze began.
22(g) CLOSURE OF FACILITY
If EXSS Fit permanently closes or ceases operations at the Facility for more than thirty (30) consecutive days and fails to provide access to a comparable facility within eight (8) miles , Member may cancel the Membership by providing written notice to EXSS Fit.
Upon such cancellation, EXSS Fit shall refund any unused portion of Membership Dues on a pro rata basis in accordance with the pro rata refund calculation described in this Agreement, less any administrative fee allowed by law.
This provision shall not apply to temporary closures caused by events beyond the reasonable control of EXSS Fit , including but not limited to government mandates, declared states of emergency, natural disasters, or public health orders.
23. REFUNDS AND REFUND CALCULATIONS
23(a) REFUNDS
Refunds required by this Agreement shall be issued within thirty (30) days of receiving the cancellation notice. EXSS Fit does not provide pro rata refunds for a partial Billing Cycle except where required by law.
If a cancellation request is received after a scheduled Draft Date has already been submitted for processing, the payment will still be processed and the Membership will remain active through the end of the paid Billing Cycle . No further Draft Dates will occur after that Billing Cycle.
Member understands that cancellation will stop a future Draft Date and Billing Cycle but does not entitle the Member to a refund or pro rata credit for the current Billing Cycle or any previous Billing Cycle , except where required by applicable law. The Membership will remain active through the end of the current Billing Cycle , except where refunds are required by law.
Refunds required under this Agreement shall be issued within thirty (30) days after EXSS Fit receives proper written notice of cancellation and any required documentation.
Initiation fees, Maintenance Fee, Enrollment Fee or administrative fees previously paid are non-refundable except where required by law.
23(b) REFUND CALCULATION FOR PAID-IN-FULL MEMBERSHIP
If a refund is required by applicable law or by a specific provision of this Agreement for a Paid-in-Full Membership , EXSS Fit shall refund the unused portion of the Membership fees using the following calculation:
For purposes of this calculation:
a. The Total Contract Price means the total Membership Dues required for the entire commitment period , excluding any non-refundable initiation fees, Enrollment Fee, or Maintenance Fee .
b. The Number of Full Months Remaining means the number of full calendar months remaining in the commitment period after EXSS Fit receives written cancellation notice and any required documentation.
c. Any partial month already used shall not be refunded and shall be considered a used portion of the Membership commitment period.
Refund Amoun t = (Total Contract Price ÷ Total Number of Months in Commitment Period) × Number of Full Months Remaining in Commitment Period.
23(c) REFUND CALCULATION FOR MEMBERSHIP DUES
If a refund is required by applicable law or by a specific provision of this Agreement, EXSS Fit shall refund the unused portion of Membership Dues for the current Billing Cycle using the following calculation:
For purposes of this calculation:
a. The Total Monthly Membership Price means the total Membership Dues paid for the current Billing Cycle , excluding any non-refundable initiation, Enrollment Fee, or Maintenance Fee .
b. The Remaining Days in Billing Cycle means the number of days remaining in the Billing Cycle after EXSS Fit receives written cancellation notice and any required documentation.
Refund Amount = (Total Monthly Membership Fee ÷ Thirty (30)) x Remaining Days in Billing Cycle.
I Agree
24. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.
Any legal action or proceeding permitted under this Agreement shall be brought exclusively in the state courts located in Onslow County, North Carolina , unless otherwise required by law.
25. DISPUTE RESOLUTION AND CLASS ACTION WAIVER
Any dispute, claim, or controversy arising out of or relating to this Agreement, the Member’s use of EXSS Fit facilities, or any services provided by EXSS Fit shall be resolved exclusively through binding arbitration conducted in Onslow County, North Carolina , in accordance with the rules of the American Arbitration Association or a similar arbitration organization.
The parties agree that arbitration shall be the sole and exclusive method for resolving any such dispute and that neither party shall file or maintain a lawsuit in any court except to enforce an arbitration award or where arbitration is not permitted by law.
Class Action Waiver : Member agrees that any dispute shall be resolved on an individual basis only. Member waives any right to participate in or bring claims as part of a class action, collective action, or representative proceeding against EXSS Fit.
The arbitrator shall have the authority to award any remedy permitted by law ; however, the arbitrator may not consolidate claims or preside over any form of class or representative proceeding.
The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision , including any claim that all or any portion of this provision is void or unenforceable.
I Agree
26. SEVERABILITY
If any provision of this Agreement, or the application of any provision to any person or circumstance, is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable , such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement. The remaining provisions of this Agreement shall continue in full force and effect to the fullest extent permitted by law.
I Agree
27. DEFAMATION AND FALSE STATEMENTS
Member agrees not to make or publish any knowingly false statements of fact about EXSS Fit, CLR Body Shoppe, LLC, its owners, employees, services, or facilities that are intended to cause harm to the business.
Nothing in this provision prohibits Member from expressing honest opinions, experiences, or lawful consumer reviews.
If EXSS Fit believes that a Member has made knowingly false or defamatory statements of fact, the parties agree that any dispute arising from such statements shall be resolved through the binding arbitration procedures described in this Agreement.
Member agrees that EXSS Fit may seek any remedies available under law for defamation, libel, or other unlawful statements , including removal of the statements and recovery of damages where permitted by law.
I Agree
28. ACKNOWLEDGMENT OF WAIVER AND ASSUMPTION OF RISK
Member acknowledges that they have carefully read this Agreement, including the assumption of risk, release of liability and indemnification, arbitration agreement, and class action waiver, understand that these provisions affect their legal rights , including the release of certain liability and the waiver of the right to file a lawsuit in court or participate in a class action, and voluntarily agree to be legally bound by all terms of this Agreement.
May 1, 2026
