965 East 87th Street, Odessa, Texas 79765, United States

I can do all things through christ who strengthens me. Phillippians 4:13

TERMS AND CONDITIONS

Fox Fitness Membership Agreement Terms and Conditions

ARTICLE I: Suspension and Cancellation of Membership

· 1. Cancellation by Member:
- A member may cancel their membership within the first 3 business days after signing this agreement and receive a full refund, in accordance with the Texas Health Spa Act.
- After the initial 3-day period, cancellation requires a written 30-day notice submitted either via email or in person with a manager. If the member is still within the initial 12-month contract period, a $200 early cancellation fee applies.
- Members must pay all outstanding balances, including any amounts billed during the 30-day notice period.
- Cancellation due to verified death, disability, or relocation of more than 30 miles from the facility may be exempt from the early cancellation fee upon submission of appropriate documentation.

· - Within 3 Business Days: Cancel for a full refund under the Texas Health Spa Act.

· - After 3 Days: 30-day notice required. $200 cancellation fee applies if within a 12-month agreement.

· - Death or Verified Disability: Cancellation allowed with proper documentation.

· - Relocation 30+ Miles Away: Cancellation allowed with documented proof.

· 2. Suspension or Cancellation for Nonpayment:
- If a member fails to pay any required membership dues or associated fees within 30 days of their due date, Fox Fitness reserves the right to suspend or cancel the membership.
- Members remain financially responsible for all charges accrued prior to cancellation.
- Memberships suspended for nonpayment may be reinstated only upon full payment of all overdue and current charges.

· - Membership may be suspended or canceled if payments are overdue by 30+ days.

· - Charges continue to accrue until cancellation is finalized.

· 3. Cancellation for Violation of Rules or Misconduct:
- Membership may be terminated immediately by Fox Fitness for violation of facility rules, misconduct, or any behavior deemed harmful or inappropriate.
- If terminated for cause, the member forfeits access to all services and may receive a refund only for unused prepaid time at the discretion of management.

· - Fox Fitness may cancel membership immediately for rule violations or misconduct.

· - Refunds for unused dues will be processed within 30 days.

· 4. Auto-Renewal Cancellation:
- All memberships automatically convert to a month-to-month membership after fulfilling the initial 12-month term.
- Members must provide a 30-day notice to cancel an auto-renewed membership.
- Charges will continue to accrue until the cancellation is formally processed.

· - Memberships automatically renew month-to-month after the initial term.

· - A 30-day notice is required to cancel.

· 5. Cancellation Due to Death, Disability, or Relocation:
- Members may cancel without penalty in the event of death, verified medical disability, or permanent relocation 30+ miles away.
- Written documentation is required and must be submitted within 10 days of the request to qualify for cancellation under these terms.

· - Must provide documented proof within 10 days of cancellation request.

· 6. Survival of Rights and Obligations:
- Certain legal and financial obligations outlined in this agreement shall remain enforceable even after cancellation or expiration of the membership.

· - Certain rights and obligations survive termination of this agreement.

ARTICLE I-A: Cancellation Policy (Updated)

· Voluntary Cancellation

· - Member must provide a 30-day written notice to cancel membership.

· - Cancellation must be completed by:

· - Email to cancel@foxfitnessgym.com, or

· - In person with Fox Fitness Management only (not general staff).

· - Mail cancellations are not accepted unless legally required under the Texas Health Spa Act.

· - All outstanding balances, including dues scheduled during the 30-day notice period, must be paid in full.

· - Please note: Depending on your billing cycle, one additional payment may be processed during your 30-day notice period.

· - A $200 cancellation fee will apply if the member is within the original 12-month agreement.

ARTICLE II: Fees, Billing, Freezes, Collections

Pricing Details:
- Standard Individual Membership: $55.95/month
- Add-On Adult (Same Household): $30/month + tax
- Add-On Youth (Ages 14–17): $20/month + tax
- Annual Fee: $25/year plus applicable merchant processing fees
- Key Fob Replacement: $10
- Late Payment Fee: $10 after 30 days
- Returned Payment Fee: $10 per occurrence
- Cancellation Fee: $200 if within the 12-month agreement
- Auto Pay Discount: Members who enroll in Auto Pay using a checking account (ACH) receive a discounted rate and avoid the merchant processing fee.
- Merchant Fee: A 4% fee applies to all credit and debit card transactions, including monthly dues and point-of-sale purchases.

Discounted Membership Programs:
- Community Leader Discount: A reduced monthly membership rate is available to qualifying individuals in service-related roles. Eligible members include:
• Health Care Workers (nurses, doctors, hospital staff)
• Teachers and School District Employees
• Emergency Medical Technicians (EMTs and paramedics)
• Active and Retired Military Personnel
• Police Officers and Law Enforcement Staff
• Firefighters
• Proof of active employment or valid ID badge must be provided to receive the discount.

- Church Staff Complimentary Membership: Church pastors, ministers, or administrative staff may receive a complimentary membership upon verification of active employment.
• Must provide proof such as a church-issued ID, employment letter, or pay stub.
• Complimentary memberships are approved by management and renewed annually with updated verification.

· Includes initiation fees, billing cycles, auto pay, freezes, return fees, collections, and annual fee of $25 plus merchant fees.

ARTICLE III-A: Waiver and Release of Liability

· - Participation in Fox Fitness activities and use of facilities is voluntary and involves inherent risks.

· - I release Fox Fitness, its owners, staff, independent contractors, instructors, vendors, tenants, and affiliates from all liability for injury, illness, loss, or death related to gym use or participation.

· - Includes risks associated with: exercise equipment, parking lots, off-site events (e.g. parks), and services/products from on-site vendors (e.g. supplements, shakes).

· - Members assume responsibility for their own safety.

ARTICLE IV: Club Hours and Amenities

· - Front Desk: Mon–Thu: 8am–8pm, Fri: 8am–3pm, Sat: 9am–1pm, Sun: Closed.

· - Cubs Corner: Mon–Thu: 8am–12pm & 4pm–8pm, Fri: 8am–12pm, Sat: 9am–1pm.

· - Facility includes cardio, weights, sauna, group fitness, locker rooms, childcare, and supplements.

ARTICLE V: Personal Training Contracts

· Personal training services are governed by separate contracts not included in this membership agreement.

ARTICLE VI: Your Physical Condition

· Consult a physician before beginning any fitness program.

· Use of anabolic steroids is illegal and dangerous.

ARTICLE VI-A: Photography and Video Release

· Fox Fitness may photograph or video members during workouts or events for promotional purposes.

· Members waive any rights to compensation or control over these images.

ARTICLE VI-B: Key Fob and Access Pass Policy

· Members are responsible for their key fob or digital pass.

· Sharing access or allowing unauthorized entry is prohibited.

· Violations may result in revoked membership and full balance due.

ARTICLE VI-C: Force Majeure

· Fox Fitness is not liable for closures due to natural disasters, government mandates, or events beyond control.

· Membership dues are not refunded during these periods.

Fox Fitness Rules and Regulations

· Check-in required. No smoking, drugs, or disruptive behavior.

· Proper attire and footwear required.

· Wipe down and return equipment after use. No dropping weights.

· Children under 12 not allowed on the gym floor.

· Violation of rules may result in suspension or termination of membership.

Texas Health Spa Act Disclosures

· (1) NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.

· (2) IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO:

· Fox Fitness, 965 E. 87th St., Odessa, TX 79765

· (3) IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES...

· (4) IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED... same cancellation process and mailing address.

· Notice of cancellation must be provable: registered mail, email, fax, or personal delivery.

Member Acknowledgment

· ☑️ I have read, understood, and agree to the Fox Fitness Membership Agreement, including all terms, billing policies, waivers, and cancellation requirements.