Each YBX FITNESS Inc.® Facility is Independently Owned and Operated.
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580. As a recurring dues member, you are agreeing to pay for your YBX FITNESS Inc. membership on a recurring dues basis.
YBX Unlimited, YBX8, and YBX4 membership is a month-to-month membership ("M2M") and set to recur monthly. You may cancel your M2M membership at any time with a 30-day advance written notice.
("Term"). Term memberships are subject to auto-renewal, and, with limited exception (as described below), may not be canceled during the initial term.
Your recurring dues billing will begin on the day ups make your first payment and will continue on the same day each month thereafter until you properly cancel per the terms of this Agreement. You expressly authorize YBX Fitness Inc., or its third-party billing services provider, to draft your account each month for any dues, fees or other charges.
CONSENT TO AUTO-RENEWAL & TERM MEMBER
CONSENT TO AUTO-RENEWAL (All references to "" 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 - 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. YBX8 membership reloads 8 classes per billing cycle; unused classes are not redeemable from previous billing cycles; YBX4 membership reloads 4 classes per billing cycle; unused classes are not redeemable from previous billing cycles.
AUTHORIZATION FOR PREAUTHORIZED PAYMENTS (All references to ") or "me"' in this section shall refer to you)
By signing below, I am authorizing Mindbody, operating by license under TBC, International. to initiate transfers, whether by EFT or ACH transfer, from the designated bank account tied to this Agreement for purposes of paying, on a recurring basis, all or a portion of the dues, fees and charges which I owe under the Agreement. I understand and agree that: (a) dues, fees and charges include, but may not be limited to, enrollment fees, membership dues, service charges, late fees, applicable taxes, and/or fees for uncollected monthly dues; (b) Mindbody may transfer funds from my designated account for any retail transactions or online purchases initiated by me; (c) dues, fees and charges will be drawn on or about the dates set forth in the Payment Schedule; (d) this preauthorization will remain in effect until all of my payment obligations under the Agreement have been satisfied; and (e) debited amounts may vary each month based on additional amounts which I may owe under this Agreement, and that while I am entitled to receive notice at least 10 days before being charged, by signing this authorization, I am choosing instead to get notice only when the amount due would differ by more than $50.00 from my most recent payment. I expressly authorize Mindbody, and any of its subsidiaries or affiliates, to contact me regarding any matter related to the billing of my account, whether by phone, email or SMS text communication (please note SMS text charges may apply).
TERMINATION OF RECURRING DUES MEMBERSHIP. If you are a M2M member, you may terminate this Agreement at any time
by providing - with a 30-day advance written notice. There is no early termination fee for M2M membership. If you are a
If your membership auto-renews, you may cancel at any time without penalty by providing - with a 30-day advance written notice. Whether you are a month-to-month or Term member, once - receives your written notice of cancellation, your membership will remain active until the expiration of your then-current billing cycle.
REFUNDS. If you properly rescind or cancel your membership, - will "turn off" the EFT/ACH draft on your account and you will not be charged a penalty or early-termination fee. Any refund due, if any, will be paid to you within the time prescribed by state law.
NOTICE. All notices under this Agreement may be delivered in person to the club, or sent via certified mail to YBX FITNESS Inc. -452 S 1st Street, San Jose, CA 95113.
LIABILITY, GENERAL PROVISIONS AND OTHERS • Initials required
RELEASE OF LIABILITY; ASSUMPTION OF RISK; INDEMNITY USING THIS FACILITY OWNED BY - D/B/A YBX FITNESS Inc., OR ANY OTHER YBX FITNESS Inc. 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 YBX FITNESS INC, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE YBX FITNESS INC, AND EACH OF THEIR RESPECTIVE AFFILIATES, AND EACH OF THE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, FRANCHISORS, AGENTS, PARTNERS AND INDEPENDENT CONTRACTORS THEREOF (THE "RELEASES"), 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 YBX FITNESS Inc., INCLUDING ANY INJURY RELATING TO THE ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASES OR ANYONE ACTING ON THE RELEASES BEHALF OR ANYONE USING YBX FITNESS Inc. FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN YBX FITNESS Inc. ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASES 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 RELEASES 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 RELEASES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASES AND 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 YBX FITNESS Inc.. NO MINORS CAN ACCESS OUR FACILITIES
GENERAL PROVISIONS MEDICAL CONDITIONS, BEFORE USING YBX BOXING 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 YBX FITNESS Inc. FACILITY AND SHALL INDEMNIFY YBX FITNESS Inc., ITS AFFILIATES, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES.
PROOF OF MEMBERSHIP. A valid state or federal issued photo ID may be required present it to the reception desk personnel each time you enter a YBX FITNESS Inc. studio. Membership privileges are limited to the person in whose name the membership is issued.
CUSTOMER SERVICE. Any questions about this Agreement or issues with your membership can be directed to a - manager at YBX FITNESS Inc. 452 S 1st Street, San Jose, CA 95113, or call 650-963-9111.
CHANGE IN MEMBERSHIP OR BILLING INFORMATION. You must promptly notify - in writing of any changes in your billing information, address or telephone number. You expressly permit -, or its authorized billing company, to obtain such updated information through payment card networks, card issuers or other third parties.