IBX Fitness Class Package/Drop-In Agreement

This is the agreement every customer signs when buying a class package or drop-in from IBX Fitness LLC, a California limited liability company ("IBX Fitness"). It's posted here for reference. You'll sign the actual agreement, with your name, package, price, and expiration date filled in, when you check out in the app, on the website, or at the front desk.

1. Package: Class packages and drop-ins are sold in the following options:

Drop-in: 1 class, 14-day expiration

3 classes: 30-day expiration

6 classes: 45-day expiration

10 classes: 60-day expiration

Your package is a personal, non-transferable pass to attend the number of classes in your package during the stated time period. Classes may only be attended by you and are not transferable. Class schedule and hours can be found at www.ibxfitness.com/schedule.

2. Studio Location: IBX Fitness, 727 San Pablo Avenue, Suite 102, Albany, CA 94706. Email: info@ibxfitness.com.

3. Fees and Payments: The cost of your package is shown at checkout and must be paid in full at the time of purchase. All sales are final and non-refundable. By signing this Agreement and purchasing a Punchcard or Drop-in Pass, you are agreeing that we may keep your credit card on file and charge a $25 fee for any late cancellations and no-shows, and for any other products and services you purchase from us. You can remove or change your credit card at any time under "Payment Methods" in your account through the IBX Fitness website or app. However, it is a condition to the effectiveness of your pass that you maintain a valid credit card on file throughout the term of your pass. IBX Fitness may suspend Purchaser's pass during any period when a valid credit card is not on file.

4. Booking: Advance registration for all classes is required. You may reserve on our website or app. Doors close two minutes after start of class.

5. Late Cancellation and No-Shows: Once you have reserved a place in a class, you may cancel at least 8 hours before the start of class. If you cancel within an 8-hour window, or if you don't show up for the class, IBX Fitness will charge a $25 no-show fee to your card on file. However, the unused class will remain on your pack until the Expiration Date set forth below. Arriving after the doors close counts as a no-show.

6. Expiration: Your pass expires on the Expiration Date shown on your signed agreement and on your pack in the app (14, 30, 45, or 60 days after purchase, depending on the package). You may not attend any classes after the Expiration Date without purchasing a new pass. If you have not attended the full number of purchased classes by the Expiration Date, any unused classes are lost.

7. Rules and Policies: You must abide by all IBX Fitness Rules and Policies. You can find all IBX Fitness Rules and Policies at www.ibxfitness.com/punchcard-drop-in-policies and www.ibxfitness.com/studio-policies. You must also abide by any additional studio rules and policies that may be posted in the facility or communicated by staff. IBX Fitness reserves the right to implement additional rules and regulations from time to time and such rules and regulations shall become a part of this Agreement.

8. Cancellation and Termination: Once purchased, the pass is non-cancelable and class fees paid are non-refundable.

9. Liability Waiver: You acknowledge that use of IBX Fitness facilities and equipment carries inherent risks. Before attending your first class, you must sign IBX Fitness' Liability Waiver, which you can review at www.ibxfitness.com/terms-of-service.

10. Health Warranty: You acknowledge that you are in good health and have no medical condition that would prevent safe exercise.

11. Force Majeure: You understand that classes may be canceled due to causes beyond IBX Fitness' control, such as but not limited to acts of God, strikes, war, government regulation, terrorist act, pandemic/epidemic, instructor illness, or facilities or other emergencies making it illegal or impossible to hold classes ("Force Majeure Delay"). In such event, if you are unable to attend a class on the same day as a scheduled class for which you have registered, your pass will be extended for the number of days of the Force Majeure Delay, up to the maximum time remaining on your pass at the start of a Force Majeure Delay. IBX Fitness will have no further liability or responsibility for Force Majeure Delays.

12. Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements but does not invalidate any Liability Waiver signed prior to Purchaser's signing this Agreement.

13. Governing Law: This Agreement shall be governed by the laws of the State of California.

14. Severability: If any term or provision of this Agreement shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, then the remaining provisions shall be enforceable to the fullest extent permitted by law.

15. Electronic Signatures: This Agreement may be executed electronically by Purchaser through Mariana Tek. The Agreement, when signed electronically by Purchaser, will be deemed validly executed.