SUMMARY OF TERMS AND ACCOUNT CHARGES RECURRING DUES MEMBERSHIP BASICS

*As a recurring dues member, you are agreeing to pay for your FITBOX LLC membership on a recurring dues basis. If your recurring dues membership is for a term of one (1) month or less, then you have a month-to-month membership (“M2M”).

*You may cancel your M2M membership at any time with a 30-day advance written notice. If your recurring dues membership is for a term greater than one (1) month, then you have a fixed term membership (“Term”). Term memberships are subject to auto-renewal, and, with limited exception, may not be cancelled during the initial term (see additional terms below).

*Your recurring dues billing will begin on 06/01/2024 and will continue on the same day each month thereafter until you properly cancel per the terms of this Agreement.

*You expressly authorize FitBox LLC, or its third-party billing services provider, to draft your account each month for any dues, fees or other charges.

Membership Terms

I understand that the following terms apply to my membership. The price enrolled will continue to be billed on the same date each month until I notify FITBOX LLC, in writing. This notice of cancellation must be in person at our studio located at 485 Front Street N Issaquah, WA 98027, or email ([email protected]).

CONSENT TO AUTO-RENEWAL (All references to “I” or “me” in this section shall refer to you) M2M MEMBER: I understand that my membership will continue to renew monthly until I properly cancel, that proper cancellation requires me to provide FITBOX LLC with a 30-day advance written notice of cancellation, and that I will be expected to pay all dues, fees and charges associated with my account.

TERM MEMBER: I understand that my Agreement is for a fixed initial term and that, unless I provide 9ROUND with a written notice of cancellation at least 30 days prior to the end of my initial term, my membership will automatically roll over to a month-to-month agreement cancellable at any time by me with a 30-day advance written notice. Once in auto-renewal, also called ‘Evergreen Status,’ I consent to continue paying 9ROUND dues in the amount of $199.00 per month, subject to the terms of this Agreement.

AUTHORIZATION FOR PREAUTHORIZED PAYMENTS

I understand that FITBOX LLC will using a payment processor to charge my card on file every month for the agreed upon dues. FITBOX LLC reserves the right to change payment processors at any time. I understand that I must provide a valid payment method to FITBOX LLC and I agree to allow their vendor to charge my card at the agreed upon renewal period.

BUYER’S RIGHTS IN WASHINGTON ACKNOWLEDGEMENT OF CLUB RULES. 

By accepting this Agreement, you acknowledge that you have received a written copy of FITBOX LLC rules. ACKNOWLEDGEMENT OF HEALTH CLUB SERVICES AND EQUIPMENT. By signing this Agreement, you acknowledge that you have received in writing a description of FITBOX LLC services and equipment to be provided at this location. If this FITBOX LLC location has services or equipment that are to be delivered at a planned facility, at a facility under construction, or through substantial improvements to an existing facility, such facility, construction or improvement shall be completed on 7.01.2024. FITBOX LLC services must begin within 12 months from the date this Agreement is agreed unless completion of the facility, construction or improvement is delayed due to war, or fire, flood, or other natural disaster.

MAXIMUM TERM. No contract for health studio services may require payments or financing by you over a period in excess of 36 months from the date of the contract, nor may any contract term be measured by or be for a life term.

USE FEES. Use fees, or dues to be paid by you, if such fees are subject to periodic adjustment, may not be raised by 9ROUND more than once in a calendar year.

RELIEF FROM FUTURE PAYMENT. If you properly cancel your Agreement, you shall be entitled to a refund and will be relieved from any future payment obligations as explained herein and to the extent required by state law.

CANCELLATION TERMS RESCISSION; BUYER’S RIGHT TO CANCEL. IF YOU WISH TO CANCEL THIS CONTRACT WITHOUT PENALTY, YOU MAY CANCEL IT BY DELIVERING OR MAILING A WRITTEN NOTICE TO THE HEALTH STUDIO. THE NOTICE MUST SAY THAT YOU DO NOT WISH TO BE BOUND BY THE CONTRACT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS CONTRACT. THE NOTICE MUST BE MAILED TO FITBOX LLC 485 Front Street N Issaquah Suite A, WA 98027. IF YOU CANCEL WITHIN THE THREE DAYS, THE HEALTH STUDIO WILL RETURN TO YOU WITHIN THIRTY DAYS ALL AMOUNTS YOU HAVE PAID.

You may also cancel this Agreement if you qualify as follows:

(a) You die or become totally disabled. If you die or become totally disabled, then you or your estate may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid use fees. FITBOX LLC may require that your disability be confirmed by an examination of a physician agreeable to you and FITBOX LLC. If this Agreement includes a one-time only initiation or membership fee and you cancel pursuant to this provision, you are also entitled to a pro rata refund of the fee less 50% of the initial initiation or membership fee, which is nonrefundable in this situation, unless the cancellation is three or more years after entering the contract, in which case the initial initiation or membership fee is nonrefundable.

(b) You move from your permanent residence. If you move your permanent residence to a location more than 25 miles from the health studio, or an affiliated health studio offering the same or similar services and facilities at no additional expense to you, and you cancel after one year from signing the Agreement if the Agreement extends for more than one year, then you may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid use fees. FITBOX LLC reserves the right to ask for reasonable evidence of relocation. If, however, at the time you agree to this Agreement it requires payment of an initiation or membership fee, and if at that time you lived more than 25 miles from the health studio, then you may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid use fees only if you move an additional 5 miles or more from the health studio.

(c) Your contract extends for more than a year. If your contract extends for more than one year, you may cancel this Agreement for any reason upon 30 days’ written notice to the health studio. As to subsections (b) and (c) above: NON-REFUNDABLE AMOUNT

I UNDERSTAND THAT I HAVE PAID OR AM OBLIGATED TO AN INITIATION OR SETUP FEE, AND THAT UNDER NO CIRCUMSTANCES IS ANY PORTION OF THIS AMOUNT REFUNDABLE.

(d) FITBOX LLC permanently closes. If FITBOX LLC facilities are permanently closed and comparable facilities owned and operated by FITBOX LLC are not made available within a 10-mile radius of the closed facility, then you may cancel this Agreement, without penalty, and receive a pro rata refund for any prepaid sums.

(e) A facility, construction, or improvement is not completed by the date represented. If a facility, construction or improvement is not completed by the date represented by the contract, then you may cancel this Agreement, without penalty, and receive a pro rata refund for any prepaid use fees and a full refund of any one-time initiation or membership fee.

(f) Your Agreement was sold prior to the facility’s opening. If this Agreement was sold prior to the opening of the facility, then you may cancel within the first 5 business days the facility opens for use and the health studio begins to provide the agreed upon health studio services, and receive a pro rata refund for any prepaid use fees and a full refund of any one-time initiation or membership fee.

CONFLICTING TERMS. The provisions in this Buyer’s Rights section and/or any applicable state law will be deemed to control if they conflict with another provision in the Agreement.

TERMINATION OF RECURRING DUES MEMBERSHIP. If you are a M2M member, you may terminate this Agreement at any time by providing FITBOX LLC with a 30-day advance written notice. There is no early termination fee for a M2M membership. If you are a Term member, unless you rescind or cancel your membership as stated in this Agreement, then your membership cannot be cancelled until the expiration of your fixed initial term. To avoid rolling over into auto-renewal, you must provide FITBOX LLC with written notice of cancellation at least 30 days in advance of the expiration of the initial term. If your membership auto-renews, you may cancel at any time without penalty by providing FITBOX LLC with a 30-day advance written notice. Whether you are a M2M or Term member, once FITBOX LLC receives your written notice of cancellation, your membership will remain active until the expiration of your then-current billing cycle.

REFUNDS. Any refund due, if any, will be paid to you within the time period prescribed by state law.

NOTICE. Unless this Agreement states otherwise as to a specific type of notice, all notices under this Agreement must be in writing and sent by U.S Mail or by personal delivery to FITBOX LLC 485 Front Street N Issaquah Suite A, WA 98027.

RELEASE OF LIABILITY; ASSUMPTION OF RISK; INDEMNITY USING THIS FACILITY OWNED BY FITBOX LLC, OR ANY OTHER FITBOX LLC FACILITY, INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST(S), WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH. IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED BY FITBOX LLC, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE FITBOX LLC, AND EACH OF THEIR RESPECTIVE AFFILIATES, AND EACH OF THE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, FRANCHISORS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE “RELEASEES”), FROM ALL LIABILITY FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOU, YOUR SPOUSE, GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF FITBOX LLC, INCLUDING ANY INJURY RELATING TO THE ORDINARY NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES OR ANYONE ACTING ON THE RELEASEES’ BEHALF OR ANYONE USING FITBOX LLC FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN FITBOX LLC ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER ACTS OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF THE RELEASEES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES AND FITBOX LLC ARE PROVIDING RECREATIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES AT FITBOX LLC. DISPUTE RESOLUTION (U.S.)

Mediation, Arbitration, and Waiver of Jury Trial. You and FITBOX LLC agree that any dispute with FITBOX LLC (including its officers, directors, employees, and agents), other than a claim for personal injury, or a claim brought in small claims court, will be resolved exclusively as follows:

First, through informal discussions with FITBOX LLC; If those discussions are unsuccessful, by non-binding mediation; If that mediation is unsuccessful, by binding arbitration. You understand and agree that you are waiving your right to a jury trial. The arbitration will take place before a single arbitrator in a location at or near your club of enrollment, and under the then-current and applicable American Arbitration Association (“AAA”) rules (www.adr.org/Rules). Arbitration costs will be borne by FITBOX LLC in an amount as fairly determined by the arbitrator.

Class and Representative Action Waiver. You and FITBOX LLC further agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You also agree not to participate in claims brought in a private attorney general (“PAGA”) or representative capacity, or consolidated claims involving another person’s account if FITBOX LLC is a party to that proceeding. Opt-Out. If you do not wish to be bound by these dispute resolution provisions, you may opt out by delivering a written notice via mail or in person to FITBOX LLC 485 Front Street N Issaquah Suite A, WA 98027, or via email to [email protected] within 30 days after the day you sign this agreement.

Severability. If any provisions of this dispute resolution section are deemed unenforceable, those provisions shall be considered omitted and the remaining portions of this dispute resolution section shall remain valid and enforceable. GENERAL PROVISIONS MEDICAL CONDITIONS. BEFORE USING FITBOX LLC SERVICES OR FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE FITBOX LLC FACILITY AND SHALL INDEMNIFY FITBOX LLC, ITS AFFILIATES, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES. PROOF OF MEMBERSHIP. 

You will receive one membership key fob (the "Membership Fob") from FITBOX LLC and must present it to the reception desk personnel each time you enter a FITBOX LLC facility. Lost Membership Fobs will be replaced for a fee of $5, which may be adjusted from time to time. The Membership Fob must be replaced if lost. Membership privileges are limited to the person in whose name the Membership Fob is issued. Improper use of the membership will result in confiscation of the Membership Fob and can result in immediate revocation of your membership. If you wish to use FITBOX LLC facilities without your Membership Fob, you will be required to provide proof of identity (e.g., valid driver's license).

CUSTOMER SERVICE. Any questions about this Agreement or issues with your membership can be directed to FITBOX LLC 485 Front Street N Issaquah Suite A, WA 98027, or call 425-961-9422.

NO HEALTH WARRANTIES. FITBOX LLC makes no claims as to medical results that can or may be obtained through use of any FITBOX LLC facility. FITBOX LLC has neither suggested nor will it suggest any medical treatment to any of its members; only licensed medical professionals are qualified to give medical advice. You are instructed not to act on the advice given by any FITBOX LLC employee, unless such advice has been verified by your licensed professional physician.

CHANGE IN MEMBERSHIP OR BILLING INFORMATION. You must promptly notify FITBOX LLC in writing of any changes in your billing information, address or telephone number. You expressly permit FITBOX LLC, or its authorized billing company, to obtain such updated information through payment card networks, card issuers or other third parties.

DRESS CODE. Proper athletic attire and footwear is required. FITBOX LLC reserves the right to make the final determination in its sole discretion with regard to appropriate attire and footwear.

SMOKING. Smoking (including e-cigarettes, chewing tobacco, vapor pens) is prohibited at all times in all FITBOX LLC facilities.

LOSS OF PROPERTY. You and guests are encouraged not to bring valuables onto the premises of a FITBOX LLC facility. FITBOX LLC shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left by you or your guests.

HAND-WRAPS/GLOVES. Loaner gloves will be provided free of charge for your trial period only. Once you become a member, you are required to use hand-wraps and gloves. For safety and sanitary reasons, no member will be allowed to work out without the required hand-wraps and gloves.

DESCRIPTION OF SERVICES; HOURS OF ACCESS. This Agreement entitles you to access the FITBOX LLC facilities and services during normal business hours, which will be posted at each FITBOX LLC location. FITBOX LLC reserves the right to revise its list of available equipment and services at any time for any reason; FITBOX LLC equipment may include light weights, kettle bells, jump ropes, punching bags and medicine balls. A FITBOX LLC membership includes a variety of different classes, open circuit workout, and personal training services. FITBOX LLC can change the provided class types, times, and varieties to suit the needs of our customers.

MINIMUM AGE REQUIREMENT. The minimum age for FITBOX LLC membership is ten (10) years old. Minors under the age of eighteen (18) are required to obtain the consent of a parent or legal guardian, who must sign this Agreement and remain responsible for all fees and other charges. Minors under the age of fifteen (15) must have a parent or legal guardian present at all times during the FITBOX LLC workout.

IMAGE USE. You understand that while on FITBOX LLC premises, your, or your minor child's image (including live or recorded video images), may be used or shown on the FITBOX LLC website or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises you consent to the use of these images.

NON-DISCRIMINATION. FITBOX LLC represents that it will not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for memberships.

MEMBERSHIP TERMINATION. We reserve the right to terminate your membership for any reason not expressly prohibited by law. In the event of termination, we will notify you in person or send you a written notice of termination to your address on file, and refund you any unused prepaid dues.

ENTIRE AGREEMENT. Verbal agreements with a FITBOX LLC employee will not be accepted as valid. Only this Agreement, and all rules and regulations of FITBOX LLC, as revised from time to time, constitute the entire and exclusive agreement between you and FITBOX LLC, and supersede all prior written and/or oral promises, representations, understandings and/or agreements relating to this membership purchase.

INVALID PROVISIONS. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be valid and enforceable.

GOVERNING LAW. This Agreement shall be interpreted under the laws of the State in which you execute this Agreement.

LIMITED LIABILITY. Unless prohibited by state law, any award by a court or arbitrator is limited to actual compensatory damages. Neither a court nor an arbitrator can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.

CONSENT TO CONTACT. By checking the box during online sign-up, you are giving FITBOX LLC and its authorized vendors express written consent to contact you at the wireless number provided for any matter related to your account, including collection of monies owed, alerts and/or notices regarding your purchased services, and promotions that may be of interest to you. You acknowledge that calls or text messages sent to your mobile phone device may be generated using an autodialing system, and that standard text rates apply. Your consent is not a condition of purchase. You may revoke your consent at any time.

I AGREE TO THE TERMS OF THIS AGREEMENT BY SIGNING UP FOR A FITBOX LLC MEMBERSHIP