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11/1/2026

Membership Term

Membership begins upon enrollment. Membership shall continue for the initial contract term selected by the Member and, upon completion of that term, shall automatically continue on a rolling month-to-month basis unless properly cancelled pursuant to the terms of this Agreement.

This Agreement is entered into by and between XCEL Athletic Lifestyle, INC. (“XCEL”) and the undersigned Buyer (individually, if the Buyer is the Member, and/or as the parent, legal guardian, or responsible party for the Member). By enrolling, the Buyer agrees to the terms of this Membership Agreement and to comply with all current and future Membership Policies, Club Rules, and Regulations adopted by Management.

Billing and Payment Authorization

Your monthly dues will be billed and collected electronically once per month on the first (1st) day of each month, or within three (3) days thereof, and will continue until the membership is properly terminated in accordance with this Agreement.

By signing this Agreement, Buyer authorizes XCEL to initiate periodic charges to or withdrawals from the account used to pay the initial charges and/or any replacement account later provided by Buyer for payment of all sums due under this Agreement. If a charge is rejected or returned (including for insufficient funds), XCEL may resubmit the charge. If resubmittal is returned uncollected, the rejected amount and a twenty-five dollar ($25.00) service charge may be added to the next regularly scheduled billing.

This authorization remains in effect until XCEL receives written notice of termination of this Agreement and has a reasonable opportunity to act on that notice. Buyer understands Buyer remains responsible for maintaining valid billing information and timely payment of all amounts due.

Cancellation Policy

This membership is a month-to-month membership with no long-term commitment and no cancellation or early termination fee. CANCEL ANYTIME.

To cancel a membership, the Member must submit a cancellation request by emailing help@xcel.fit. Upon receiving the request, XCEL will provide the Member with the required cancellation form. The cancellation form must be completed and submitted in order for the cancellation request to be considered valid and processed. Verbal requests, informal notices, or an email without completion of the required cancellation form do not constitute a completed cancellation.

Cancellation will not be effective and outstanding amounts will remain due until all dues, fees, and other indebtedness owed under this Agreement have been paid in full.

Billing Information Changes

If you wish to update billing information, updated payment details must be provided before the first-of-the-month billing date for the change to take effect for that billing cycle.

Rules, Regulations, and Policies
Definitions

For purposes of this Agreement, “Management” means the ownership and management of XCEL Athletic Lifestyle, INC. The “Club” means the facilities owned and operated by Management at 125 Marshall St., 7th Floor, Hoboken, New Jersey 07030. “Member” means an individual entitled to use the Club under a written membership agreement with Management. “Family Member” means a legal spouse, child, or legal dependent under the age of twenty-one (21) living in the household of a Member. “Corporate” means a bona fide group of three (3) or more individuals related by common employment.

Member Certifications; Non-Discrimination; No Ownership Interest

Member certifies that all information provided is truthful and accurate and contains no misleading statement or omission of material information. Membership is open to any individual without regard to race, sex, ethnic background, or religion. If the applicant is under eighteen (18) years of age, a parent or legal guardian must be present at all times while in the facility.

Membership does not convey any ownership, equity, or financial interest in the Club or Management. Unless otherwise stated in writing, memberships are nontransferable, non-assignable, and nonrefundable.

PAID IN FULL MEMBERSHIPS ARE NONREFUNDABLE. ALL OTHER MEMBERSHIP OPTIONS ARE ALSO NONREFUNDABLE, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT AND IN ACCORDANCE WITH CLUB RULES AND APPLICABLE LAW.

Management Rights to Modify Facilities and Policies

Management may alter facilities, restrict access for maintenance or construction, revise services, and revise or add to these Rules, Regulations, and Policies as reasonably necessary for the benefit, comfort, and enjoyment of Members and for proper operation of the Club.

Unavailability of Facility (30+ Day Closure)

If the Club is closed for a period longer than thirty (30) days through no fault of the Member, and the Club fails to provide a comparable facility within ten (10) miles as designated in the health club contract, the Member is entitled either to extend the contract for a period equal to the duration of the closure, or to receive a prorated refund calculated by dividing the full contract amount (including the initiation fee) by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term.

Membership Classifications; Changes; Required Forms; Annual Maintenance
Classifications and Changes

Management may establish classifications of membership and may add, delete, modify, or otherwise change such classifications and related privileges and services as it deems necessary. Members may request a change of membership classification in writing and may be required to pay additional initiation fees and/or dues as applicable. No change of classification results in a refund of initiation fees, annual fees, or other fees previously paid.

Required Forms and Medical Clearance

Membership is conditional upon completion of all required forms, including any physician permission or medical clearance forms when applicable. Member certifies, to the best of Member’s knowledge, that any required physician permission documentation is completed by a duly licensed medical doctor.

Annual Maintenance Agreement (AMA)

Every Member enrolled on an annual membership will be required to pay an Annual Maintenance Agreement (“AMA”) fee pursuant to their membership, in addition to monthly dues, for programs, equipment, classes, facility upgrades, and maintenance. The AMA is required for all annual memberships and is separate from monthly dues.

Review of Qualifications

Management reserves the right to review each applicant and may disapprove any membership application in its discretion.

Guest Privileges

Members may bring guests only in accordance with the Club’s current rules, regulations, schedules, fees, and limitations. The Club may limit the number of guests and/or frequency of guest visits and may deny guest access at its discretion. No guest may use the facilities without registering at the reception desk.

Membership Freeze Policy

A freeze is a courtesy during which the Member will not have access to or be permitted to use the Club facilities, except for membership administration. Members may request a freeze for a minimum of one (1) full calendar month and a maximum of three (3) full calendar months per calendar year. All freezes must be for full months beginning on the first day of the month. A fifteen dollar ($15.00) fee will be billed for each frozen month.

Freeze requests will not be honored unless the account is current and in good standing and all monies due have been received. XCEL reserves the right to remove a freeze if an account becomes past due.

For month-to-month members, billing will be suspended during the freeze period. For annual members still within their contractual term, billing will continue through the freeze period and the billing for frozen months will be adjusted at the beginning of the rollover period. Members remain subject to any dues increase that occurs during a leave of absence.

For Paid-in-Full memberships, the membership expiration date will be extended by the total number of days the membership is frozen. Longer freeze terms may be granted with a physician’s note.

Membership agreements cannot be cancelled while the account is in a freeze period, and a freeze request cannot be made while the account is within the thirty (30) day notice period prior to cancellation.

Dues Adjustments

Management retains the right to change the fee amount for any class of membership and will make every effort to provide sixty (60) days’ written notice in advance to the Member.

Member’s Physical Condition

Physical examinations are recommended for all Members and are required for Members forty-five (45) years of age or older and those with a history of heart problems, high blood pressure, or other risk factors. Such Members may be required to obtain physician clearance before using the facilities. Management assumes no responsibility for injury or loss caused by a Member’s condition.

Exercise Attire

Proper attire is required during use of the Club facilities at all times. Appropriate gym attire must be worn and appropriate athletic footwear is required. Barefoot training is not permitted.

Club Etiquette and Conduct

Members agree to comply with the reasonable direction of Management, its agents, and employees and to conduct themselves in a respectful and well-mannered fashion while using the facilities. Members are required to re-rack weights and return equipment after use, wipe down equipment after use, and clean up their training area before leaving.

Liability; Assumption of Risk

Member acknowledges and agrees that use of the Club, equipment, exercise programs, and activities involves inherent risks. Member voluntarily assumes all risks related to use of the Club and releases, indemnifies, and holds harmless the Club and its owners, agents, employees, instructors, officers, shareholders, partners, successors, and assigns from any and all claims, demands, causes of action, damages, or liability arising out of or related to the Member’s participation or use of the facilities.

Notice to Consumer

You are entitled to a copy of this contract at the time you sign up.

If you cancel this contract within the three (3) business day period, you are entitled to a full refund of your money minus merchant fees collected by the banking industry. If the third operating day falls on a Sunday or holiday, notice is timely given if delivered or mailed on the next operating day. Refunds must be made within thirty (30) days of receipt of the cancellation notice. “Operating Day” means any calendar day on which patrons may inspect and use the health club’s facilities and services during a period of at least eight (8) hours, except holidays and Sundays.

If you suffer any loss by reason of breach of contract or bankruptcy by the seller, please contact: Department of Law and Public Safety, Division of Consumer Affairs, Office of Consumer Protection, Regulated Business Section, P.O. Box 45028, Newark, NJ 07101, Telephone: (973) 504-6370.

Acknowledgment

By signing electronically, I acknowledge that I have read and understand this Membership Agreement and agree to be bound by its terms and conditions.