CONSENT TO COMMUNICATE AND USE OF INFORMATION AGREEMENT

YOUR INFORMATION: By accessing or using this site (“Utilizing this Site”), or by providing your contact or other personal information on this site or by clicking “Agree and Submit,” you agree that XSport Fitness and its affiliates (collectively, “XSport” or “we” or “us”) own the content and information you provide and the information that XSport may obtain in connection with this site. This information may include without limitation information about you and information obtained from you or your representative in Utilizing this Site (such described included information referred to as “Your Information”). By Utilizing this Site in any way, you agree that XSport has the right to use and disclose Your Information in any manner, for any purpose and to any extent, in its sole discretion, subject to applicable laws regulating use or disclosure of personal information.

CONSENT TO COMMUNICATE WITH YOU

You acknowledge that you have provided or may in the future provide to us your name and names of people and entities (“Third Parties”) and your and their telephone, cell phone and/or fax numbers and e-mail addresses. You understand that by providing your cell or other residential phone number, you authorize us, as well as our respective vendors or agents acting on our behalf, to communicate with you for informational purposes by any means whatsoever. To the extent you have provided express written consent, you understand that we may send or make marketing texts or calls as well. We may also communicate with Third Parties using the information that you provided or will provide, pursuant to all applicable laws and regulations. With respect to the contact information you provide, you represent and warrant to us that you are the recipient who will be receiving telephone calls, text messages, e-mails and other communications. You further understand and agree that should your phone numbers change, for any reason, you will update your contact information and notify XSport of the change pursuant to the terms set forth below.

CONSENT TO MARKETING CALLS/TEXTS TO YOUR CELL AND OTHER NUMBERS AND PRE-RECORDED CALLS BY USING AN AUTOMATIC TELEPHONE DIALING SYSTEM

By clicking “Agree and Submit” on our Website, you authorize us and our respective vendors or agents acting on our or their behalf, to deliver or cause to be delivered using an automatic telephone dialing system or any other method of telephone transmission, to the cell and other phone number(s) you provided to us in connection with this Website or otherwise or at any other additional cell and other phone number(s) you provide to the us, any pre-recorded calls or messages, and calls or text messages placed or sent using an automated telephone dialing system, which contain marketing or promotional material or information regarding the facilities, services or products of any of us. You acknowledge that you are not required to provide this consent in order to purchase any good or service.

YOUR DUTY TO UPDATE CONTACT INFORMATION AND RELEASE OF CLAIMS

Duty to advise Company regarding cell and other phone number(s): You agree that you will immediately inform us if you surrender, or you are no longer the subscriber of, any cell and other phone number(s) that you provided or will provide to us either in connection with this website or otherwise.

Release of Claims Regarding Communications: By signing up for a Guest Pass and receiving access to our facilities, or by using our facilities and equipment, you acknowledge and have received valid consideration in exchange for your agreement and do agree to release us and our respective employees and agents from any and all claims under federal, state or local laws, including but not limited to claims under the Telephone Consumer Protection Act, which arise from or relate to any fax, text message or phone call (including without limitation pre-recorded or artificial voice calls, and live calls and texts, which may be placed with an automated telephone dialing system), sent or placed by or on behalf of us, to any land line or cell phone number(s) assigned to you, or which you are authorized to use or that you provided or will provide to us.

SEVERABILITY:
In the event any part of this agreement is unenforceable, it shall be stricken and severed from this agreement and the remainder of this agreement shall remain in force.

Notice of Change – Posted and Updated February 22, 2021

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