Member Agreement, Waiver, and Release

This agreement ("Agreement") is entered into by and between OOB Realty Group LLC DBA Xtudio ("Xtudio") and the undersigned individual ("Member"), effective as of the date signed below. By signing this document, Member acknowledges and agrees to all terms outlined herein.

Membership Types

• POWERX – Strength Training: $85/month. Unlimited access to functional strength & resistance training sessions. Membership is billed every thirty (30) days from the date of enrollment and continues until canceled in accordance with the Cancellation Policy.
• RIDEX – Indoor Cycling: $85/month. Unlimited access to indoor cycling sessions. Membership is billed every thirty (30) days from the date of enrollment and continues until canceled in accordance with the Cancellation Policy.
• Day Pass: $20 per day, providing access to both cycling and functional strength sessions on the same day.

Payment Terms

• Payments are processed automatically every thirty (30) days from the date of initial enrollment via Stripe.
• Members are responsible for maintaining current and accurate payment information.
• If a payment is declined, it must be resolved within five (5) business days to avoid suspension.
• If not resolved within five (5) business days, Xtudio reserves the right to suspend or terminate membership until the account is brought current.

Cancellation Policy

• Members may cancel their membership by providing written notice via email at least ten (10) days before the next billing cycle.
• Cancellations received less than ten (10) days before the billing date will apply to the following billing cycle.
• No refunds will be issued for partial billing cycles or unused sessions.

Membership Hold / Freeze Policy

• Xtudio offers the option to freeze membership for a fee of $10/month. During the freeze period, the member’s agreed rate, discounts, and contracted terms will be preserved.
• A written notice via email at least twenty (20) days in advance is required to initiate a membership hold.
• Memberships may be frozen for up to three (3) consecutive months.
• Upon resuming, the membership continues under the same terms and rate without reactivation or re-enrollment.
• Xtudio reserves the right to approve, deny, or limit membership hold requests based on operational needs.

Termination

• Xtudio reserves the right to terminate membership for non-payment, violation of studio policies, or failure to comply with facility rules.
• In the event of termination, any prepaid fees are non-refundable.

FREE Day Pass

• If a free day pass is provided, no payment is required; however, participants must complete and sign this waiver before attending any session.
• All terms and conditions of this agreement, including assumption of risk, liability release, and adherence to studio policies, apply in full.
• Use of a free day pass does not establish a membership or ongoing entitlement to Xtudio services.

Courtesy Sessions via Third-Party Platforms

• Xtudio may offer FREE or courtesy sessions through third-party platforms (e.g., Google, ClassPass, Instagram, or others).
• These sessions are provided outside of an Xtudio membership. Payment, if any, is covered by the third-party platform.
• All sessions booked through third-party platforms remain subject to this waiver and agreement.
• Participation in third-party sessions does not establish a membership or any ongoing entitlement to Xtudio services.

Xtudio provides services focused on indoor cycling, functional strength training, and personal training sessions. 80% of the space is designated for equipment storage, and 20% serves as the functional training area. Members acknowledge the following:

• Access to cycling classes, functional strength sessions, and personal training sessions (as applicable to their membership).
• Facility hours and schedules are subject to change. Updates will be communicated via email and Xtudio’s website.

Acknowledgment of Risk: 

Member understands that participation in physical fitness activities, including cycling and strength training, involves inherent risks, including but not limited to injury, illness, or death. Member affirms that they are physically capable of participating and have consulted a physician if necessary.

Release of Liability: 

Member voluntarily releases Xtudio, its owners, employees, trainers, and agents from all liability for injury, illness, or damages arising from participation in activities or use of facilities.

Indemnification: 

Member agrees to indemnify and hold harmless Xtudio from claims, damages, or expenses resulting from their participation or conduct.

To maintain a welcoming and safe environment, Members agree to:

• Arrive 10 minutes before class starts.
• Wear appropriate fitness attire and bring necessary items (e.g., water bottle, towel).
• Use cycling shoes with SPD cleats or Peloton-compatible cleats (red ones).
• Refrain from disruptive behavior and follow instructions from trainers.
• Respect other Members, staff, and studio property.

Failure to comply may result in suspension or termination of membership.

Member grants Xtudio permission to use photographs and videos taken during sessions for promotional purposes.

Arbitration Clause: Any disputes arising from this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. 

Force Majeure: Xtudio is not liable for interruptions caused by events beyond its control, including natural disasters, pandemics, or government restrictions.