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Terms and Conditions

 

1. ACCEPTANCE OF TERMS By purchasing a membership, using our facilities, or participating in any classes or programs offered by XMA Gym("we," "our," or "us"), you ("Member" or "you") agree to be bound by these Terms & Conditions. If you do not agree, please do not use our services. We reserve the right to update these Terms at any time. Notice of changes will be posted at our facility and/or sent via email.Continued use of our services after changes constitutes acceptance of the revised Terms. ---------------------------------------------------------------

2. MEMBERSHIP 2.1 EligibilityMembership is open to individuals aged 18 and over. Members aged 13–17 may join with written consent from a parent or legal guardian, who assumes full responsibility for the minor. 2.2 Membership TypesXMA Gym offers various membership plans (monthly, annual, class packs, etc.). Details of current plans, pricing, and inclusions are available at the front desk or on our website. 2.3 Membership Cards / AccessMembership access is personal and non-transferable. You must not share your membership or access credentials with any other person. Lost or stolen access cards must be reported to us immediately. 2.4 Freezing MembershipMembers may request to freeze their membership under certain circumstances (e.g., medical reasons, extended travel).Requests must be submitted in writing with supporting documentation where applicable. Freeze terms vary by membership plan.

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3. PAYMENTS & CANCELLATIONS 3.1 FeesAll membership fees are due in accordance with your chosen payment plan. We reserve the right to modify pricing with reasonable advance notice. 3.2 Recurring PaymentsMonthly memberships are billed on a recurring basis on the same date each month. It is your responsibility to ensure payment details remain current and valid. 3.3 Failed PaymentsIf a payment fails, we will attempt to contact you. Continued non-payment may result in suspension or termination of membership. Outstanding balances must be settled before membership is reinstated. 3.4 CancellationsCancellation policies vary by membership type: - Monthly memberships require written notice at least 30 days prior to the next billing date. - Annual memberships may be subject to early termination fees as outlined in your membership agreement. - Class packs and prepaid plans are non-refundable unless otherwise stated. 3.5 RefundsAll fees paid are generally non-refundable unless required by applicable law or at our sole discretion.

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4. CODE OF CONDUCT All members and guests are expected to behave in a respectful, safe, and considerate manner at all times. The following conduct is strictly prohibited: - Harassment, intimidation, bullying, or threatening behavior toward staff, members, or guests - Use of offensive, abusive, or discriminatory language - Theft, vandalism, or damage to property - Use of illegal substances on the premises - Recording or photographing other members without their explicit consent - Any conduct that endangers health or safety XMA Gym reserves the right to suspend or terminate the membership of any individual who violates this Code of Conduct, without refund.

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5. HEALTH & SAFETY 5.1 Health DisclosureBy using our facilities, you confirm that you are in suitable physical condition to participate in gym activities. You should consult a physician before beginning any exercise program, particularly if you have a pre-existing medical condition, injury, or disability. 5.2 InjuriesYou must inform a staff member immediately if you are injured on the premises. XMA Gym is not liable for injuries resulting from your failure to follow safety instructions, improper use of equipment, or pre-existing health conditions. 5.3 Equipment UseAll equipment must be used for its intended purpose and in accordance with any posted instructions. Please re-rack weights, wipe down equipment after use, and report damaged or faulty equipment to staff promptly. 5.4 Personal BelongingsXMA Gym is not responsible for the loss, theft, or damage ofpersonal belongings brought onto the premises. Use lockers provided and do not leave valuables unattended.

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6. CLASSES & BOOKINGS 6.1 BookingClass bookings are subject to availability. Members are encouraged to book in advance through our website or app. 6.2 Cancellations & No-ShowsIf you are unable to attend a booked class, please cancel with at least 12 hours' notice so your spot can be offered to another member. Repeated no-shows may result in booking privileges being suspended. 6.3 PunctualityPlease arrive on time for classes. Latecomers may be refuse dentry at the instructor's discretion for safety and courtesy to other participants.

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7. GUESTS Members may bring guests to the facility subject to the following: - Guests must sign a guest waiver before using the facility. - Guest access may be subject to a day pass fee. - Members are responsible for the conduct and safety of their guests at all times. - Repeated guest visits may require the guest to purchase their own membership.

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8. LIMITATION OF LIABILITY To the fullest extent permitted by law, XMA Gym, its owners, staff, instructors, and affiliates shall not be liable for: - Any injury, loss, or damage arising from use of our facilities, equipment, or services - Any indirect, incidental, or consequential damages - Events beyond our reasonable control (force majeure), including but not limited to natural disasters, power outages, or government restrictions Your use of XMA Gym's facilities is entirely at your own risk. ---------------------------------------------------------------

9. ASSUMPTION OF RISK & WAIVER By using XMA Gym's facilities or participating in any classes or programs, you acknowledge that physical exercise carries inherent risks, including the possibility of injury or illness.You voluntarily assume all such risks and waive any claims against XMA Gym arising from participation, except where prohibited by law. ---------------------------------------------------------------

10. FACILITY RULES - Appropriate athletic attire and clean, closed-toe footwear must be worn at all times on the gym floor. - Food is not permitted in workout areas. Sealed water bottles are allowed. - Mobile phones should be used on silent/vibrate mode and conversations kept brief and considerate of others. - Children under 13 are not permitted on the gym floor unless participating in a supervised youth program. - XMA Gym reserves the right to refuse entry or remove any person from the premises at its discretion. ---------------------------------------------------------------

11. PRIVACY Your personal information is collected and handled in accordance with our Privacy Policy, which forms part of theseTerms & Conditions and is available at the front desk and on our website.

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12. INTELLECTUAL PROPERTY All content, branding, logos, programs, and materials produced by XMA Gym are the property of XMA Gym and may not be reproduced, distributed, or used without prior written permission.

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13. GOVERNING LAW These Terms & Conditions are governed by the laws of the jurisdiction in which XMA Gym operates. Any disputes shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

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14. CONTACT US If you have any questions about these Terms & Conditions, please contact us: XMA Gym 15405 Los Gatos Blvd #103, Los Gatos, CA 95032

Email: XMA7daytrial@gmail.com  Phone: 408.293.5326

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