Here is a copy of your agreement for your records.

New Agreement [agreement_number]

Dear [member_name]:

Member Information

Member Name:	[member_name]
Gender:	[member_genner]
Address:	[member_address]
Email:	[member_email]
Home Phone:	[home_phone]
Mobile Phone:	[cell_phone]
Campaign:	[member_campaign]

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Agreement Information

Agreement #:	[agreement_number]
Membership Type:	[member_type]
Plan Name:	[plan_name]
Agreement Term:	[agreement_term]
Begin Date:	[begin_start]
Renewal Date:	[reneval_due]
Emergency Contact:	[amergency_contact]
Emergency Contact Phone:	[amergency_phone]

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Due Today Payment Information

Account Holder Name:	[account_holder_name]
Credit Card Type:	[credit_card_type]
Credit Card Number:	[credit_card_number]
Credit Card Expiration:	[credit_card_exp]
Account Zip Code:	[credit_card_code]

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Due Today

	Amount	Taxes	Total
DUES PAYMENT	[dues_payment_amount]	[dues_payment_tax]	[dues_payment_total]
TOTAL DUE TODAY	[today_dues_payment_aoumt]	[today_dues_payment_tax]	[today_dues_payment_total]

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Authorization Terms

By executing this Agreement, You authorize Club and Club's agents, including its third party payment processing companies ("Club's Agents"), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club Membership Agreement ("Club Agreement"), as well as any other account or card information provided by You through any means to Club or Club's Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club Agreement (hereinafter, "Payment Information"). Club and/or Club's Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. Club and/or Club's Agents may also use the stored Payment Information to process payments owed in relation to all subsequent agreements entered between You and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes and charges) and/or a description of how they will be calculated, are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Club Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying you of such changes will be sent to the e-mail address provided by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement.

I have read and accept the Authorization Terms above.

Notes

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.

Membership Privileges, Notices, Disclosures & Agreements

RENEWAL PROGRAM OPTIONS:

MONTH TO MONTH AGREEMENT: The member agrees to make the Scheduled Payments according to the terms set forth by this agreement. This agreement can be cancelled at anytime with a 30 day written notice by going to fitathietic.com/ cancellation and filling out the form. The member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel.

PAID IN FULL or NON-RENEWAL: This is a non-transferable membership that will expire on the term obligation date.

An Annual Membership fee of the indicated amount will be billed on the indicated date and each year thereafter.

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, you will be charged a late fee. If the Member is paying monthly dues by electronic funds transfer (EFT), the club's billing company, ABC Fitness Solutions, LLC, reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by EFT are subject to $10.00 per month increase of monthly dues if EFT payment is stopped or changed. This will not affect any other provisions of this agreement.

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

BUYER’S RIGHT TO CANCEL- You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice, that states that you, the buyer, are cancelling this agreement, or words of similar effect. The notice shall be sent to via first-class mail or by going to fitathletic. com/cancellation and filling out the form. Date this contract was signed: the indicated date.

FIT ATHLETIC CLUBS OFFER SERVICES AND AMENITIES TO INCLUDE GROUPX CLASSES, PERSONAL TRAINERS, INDOOR CYCLING, LOCKER ROOMS WITH SHOWER, SAUNA, AND STEAM ROOMS, COMPLIMENTARY TOWEL SERVICE & STATE OF THE ART WORKOUT EQUIPMENT, KIDS PLAYCARE, SWIMMING POOLS, & MORE!

I understand I am signing an indicated number of month contract.

The term of this agreement shall not exceed 36 months.

I have read and accept the Notes above.

Terms and Conditions

Warning: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause head disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.

The health studio reserves the right to make changes to the type or quantity of classes or equipment offered. The health studio is open:

Club Hours: East Village, Mission Beach, Little Italy

Mon-Fri: 5am-9pm, Sat and Sun: 7am-7pm

Club Hours: Camel Mountain Ranch

Mon-Fri-5am-9pm, Sat-Sun-7am-6pm

Plunge Hours:

Mon-Thurs 630am-630pm, Friday-Sun 830am-630pm

Fit Athletic Club Membership Agreement

SECTION 1: NATURE OF MEMBERSHIP Membership. By Signing this Fit Athletic Club (“Club”) Membership Agreement (“Agreement”), you (“Member”), agree to abide by the terms, provisions and conditions as set forth herein and understand that Member has the right and ability to use and enjoy the Club’s facilities subject to the limitations as set forth herein. This Agreement is for membership to the Club and is not an agreement for personal training services or other optional services. This Agreement permits Member to use the Club's facilities as shown and limited by the membership identified on page 1 of this Agreement. Member acknowledges and agrees that this Agreement is exclusive to Member and is in no way transferable or assignable.

SECTION 2: TYPES OF MEMBERSHIP

One-Club Membership. This paragraph shall only apply to those Members who have selected a One-Club Membership as identified on page 1 of this Agreement. Member acknowledges and agrees that a One-Club Membership gives Member the right and ability to use and enjoy the Club facility identified on page 1 of this Agreement and does NOT give Member access to any other Club facility. Member may request conversion to another membership type pursuant to Section 5 below.

All-Club Membership. This paragraph shall only apply to those Members who have selected an All-Club Membership as identified on page 1 of this Agreement. Member acknowledges and agrees that an All-Club Membership gives Member the right and ability to use and enjoy all Club facilities currently owned and operated by the Club.

Member acknowledges and agrees that the number of Club facilities available to Member may increase or decrease in the future and nothing in this Agreement shall be construed as a guarantee that an All-Club Membership will always provide Member access to a certain number of facilities, or to specific facilities. The Club may open new facilities and/or close existing facilities, and the Club may exclude from an All-Club Membership access to specific facilities. Member may request conversion to another membership type pursuant to Section 5 below.

SECTION 3: FEES & CHARGES

Initiation Fee. As a condition of membership, Member shall pay a Membership initiation Fee (“Initiation Fee") to the Club. The amount, manner and time of payment of such fee shall be established by the Club and may be changed from time to time. Dues. In exchange for the payment of Monthly Dues or Prepaid Term Dues (collectively, the “Dues” unless otherwise stated), Member shall receive a revocable license to use and enjoy the Club’s facilities, in addition to any Initiation Fee associated herewith, Member agrees to pay Dues for said use and enjoyment of the Club’s facilities. Monthly Dues are payable on the 1 st of each and every month of the calendar year until otherwise cancelled pursuant to the terms and conditions outlined below. Member understands that the Club reserves the right to unilaterally increase its Monthly Dues upon 30-day written notice of the same. At that time, Member can choose to accept the new Monthly Dues or cancel his/her membership. The new Monthly Dues shall be deemed accepted by Member and the Club will be authorized to withdraw funds to pay the Monthly Dues from Member’s debit or credit card account specified on page 1 of this Agreement, unless Member requests to cancel his/her membership in accordance with the Club's cancellation policies as set forth in Section 6 below. Member further understands that the Club reserves the right to alter and/or modify any existing and current incidentals made available to Member, including but not limited to, use of the Club’s swimming pool, jacuzzi, saunas, steam rooms, fitness training rooms, lockers, tanning beds, towels, and parking validation (“Benefits”), and upon written notice thereof, can charge Member for use of the Benefits in an amount to be decided by the Club in its sole discretion. Member understands and agrees that any and all Dues paid in advance shall be non-refundable unless specifically stated otherwise in this Agreement. Member further understands that upon the expiration of any Prepaid Term, Member shall begin paying Monthly Dues in accordance with the policies as set forth in this paragraph. Member shall use the same method of payment to pay Monthly Dues as Member used to pay the Prepaid Term unless specified otherwise by Member. Member will continue to be charged Monthly Dues until Member exercises his/her right to cancel his/her membership in accordance with the Club’s cancellation policies as set forth in Section 6 below.

Corporate Dues. The Club offers discounted Corporate Dues to employees of participating corporations which have an existing agreement with the Club. The employee must be a current employee a participating corporation and eligible under the company's guidelines. The Club reserves the right to verify the employee’s eligibility (including the right to verify employment with the company as necessary). In the event the employment is terminated, the Club reserves the right to cancel this Agreement or require payment of Dues in effect at the time.

Club Charges. Member may purchase in-house Club goods and services. Such purchases will be billed on the date of purchase and reflected on Member’s debit or credit card account statement. Member's account information indicated on page 1 of this Agreement is stored electronically and will not be present at the time of purchase.

Late or Returned Item Charges. A fee of $25.00 will be assessed for returned checks, insufficient funds, closed accounts, frozen or declined credit or debit cards, or similar circumstances, which result in late or delayed payment to the Club (“Late Fee”). Member is responsible for providing accurate and updated payment information to insure timely receipt of payment. The Club reserves the right to reattempt collection of Member’s outstanding balance until such time as Member’s account is current. The processing date for debit cards may vary due to banking procedures and if charges are returned they will be subject to a Late Fee.

Annual Membership Fee: Member agrees to pay an annual membership fee of $75 every calendar year. Upon joining, your annual fee will be due 60 days from your join date, and each year on the same date thereafter. This fee shall be subject to change in the future.

SECTION 4: FACILITIES & ACCESS

Facility Privileges. Privileges to use one or more Club facility vary depending on the type of membership selected by Member as identified on page 1 of this Agreement.

Entry & Membership Card.

Member and his/her guest(s) are required to check-in at the Club’s front desk upon entering the Club’s facilities via use of the Membership Card ("Card’’) provided to each Member. Member may not loan his/her Card to anyone. The Club reserves the right to require Member and/or his/her guest(s) to present additional identification prior to admittance into the Club’s facilities. In the event Member’s Card is lost, misplaced, or stolen, Member agrees to pay a replacement fee of $5.00 for a new Card.

Guest(s). For any guest of a Member to use the Club’s facilities, said guest(s), at the time of entry, will be required (1) to complete the Club’s Guest Form, (2) pay the Club’s Guest Fee (which the Club reserves the right to alter and/or modify at any time), and (3) produce a valid form of government-issued Identification (which excludes expired passports and licenses). Member remains fully responsible for the actions and behaviors of his/her guest(s) at all times his/her guest(s) are in, on, or about the Club’s facilities. The Club may exclude any guest of a Member for any reason that the Club considers in its absolute and sole discretion.

Changes in Equipment or Classes. The Club reserves the right at any time during the term of this Agreement to make changes to the type or quantity of group exercise classes and equipment offered, to alter the times of group exercise classes, and to amend the cost of, add, modify and/or eliminate any program, facility, activity, class or service in the Club’s discretion.

Unavailability of Facilities. The obligation to pay Dues is not dependent on the availability of all or any particular Club facility, or the type or quantity of the group exercise classes or equipment offered at the Club. The Club reserves the right at any time during the term of this Agreement, after giving notice to Member, to temporarily take the Club’s facilities out of operation for reasonable repairs, modifications, substitutions, or improvements, This paragraph shall not be interpreted to give Member the right to cancel this Agreement because of changes to the type or quantity of group exercise classes or equipment offered.

New Facilities. Performance of the agreed-upon services (access to and use of the Club’s facilities) under this Agreement shall begin within six (6) months after the date of this Agreement. If the Club does not provide said services within this time, Member may cancel this Agreement until up to ten (10) days after the date the services are provided.

SECTION 5: CHANGES TO MEMBERSHIP STATUS

Membership Type Conversion. Member may request conversion to another membership type by providing advance written notice to the Club. All membership conversion requests are subject to approval by the Club, and may require payment of additional Dues and fees.

Membership Freeze. Member shall have the right to temporarily freeze his/her membership (“Membership Freeze”) twice per twelve (12) month period and for a consecutive period of not greater than 180 days (6 months), but in no event less than 30 days (1 month) (“Freeze Period”). Freeze Periods may not be consecutive. Member must first provide thirty (30) days advance written notice to the Club from the first calendar day of the month and will be required to pay a $25.00 “Freeze Fee” for each month during the Freeze Period. At the time of request, Member must be in good standing and current with his/her Dues. No further Dues will be collected by the Club during the Freeze Period and Member’s right to use the Club’s facilities will be frozen or suspended, so Member may be denied access to the facilities during this time. Membership shall reactive and Dues charges will automatically resume at the end of the Freeze Period. Member will not be charged a new Initiation Fee.

Disability Hold. If by reason of disability Member is unable to use the Club’s facilities as provided herein, he/she may place his/her membership on immediate “Hold” at no additional charge. As used herein, the term “disability” means a condition that precludes Member from physically using the Club’s facilities as verified in writing by a medical professional.

Active Military Hold. If Member is an active member of the United Stated Armed Forces and is required by Order to travel outside of the San Diego area for a period of one month or greater, Member shall have the right to place his/her membership on immediate Hold at no additional charge during the duration of deployment or transfer, upon the production of said Order. All charges shall automatically resume at the end of the specified time.

SECTION 6: CANCELLATION

By Club. Without prejudice to any other rights or remedies Member and the Club may have, the Club may immediately cancel this Agreement (1) if Member fails to pay any amount due under this Agreement on the due date for payment, or (2) if Member fails to comply with the terms of this Agreement or with any rules and regulations adopted by the Club, or for any conduct the Club determines in its sole discretion to be improper or in any way contrary to the best interest of the Club and its membership. Upon cancellation, membership privileges shall cease and Member shall not be allowed access to the Club’s facilities without prior authorization from the Club.

By Member. After expiration of the Initial 5-Day Cancellation Policy as set forth on page 1 of this Agreement, Member may cancel this Agreement at any time upon thirty (30) days advance written notice to the Club. To cancel this Agreement, Member must go to fitathletic.com/cancellation and fill out the form. Notice will have been deemed to be given from the date the cancellation request was received by the Club. At the time of cancellation, Monthly Dues for the current and following month will be billed, thereby allowing Member access to and use of the Club’s facilities through the current and following month. If Member’s cancellation request is made during his/her Freeze Period (pursuant to Section 5 above), or while his/her membership is on Hold (pursuant to Section 5 above), Member understands and agrees that he/she will be charged the full Monthly Dues for the month in which the cancellation request was received by the Club and for the following month. Any other outstanding fees/charges associated with the membership shall be paid in accordance with payment of Monthly Dues. Cancellation of Member’s electronic payment shall not constitute cancellation of this Agreement.

By Disability or Death. If by reason of disability or death Member is unable to use the Club’s facilities as provided herein, he/she or his/her estate may cancel this Agreement by providing written notice to the Club and shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability. Upon cancellation for either reason, no further payments are required, and a prorated portion of any amount prepaid will be refunded to Member or his/her representative upon written request to the Club. As used herein, the term “disability” means a condition that precludes Member from physically using the Club’s facilities as verified in writing by a medical professional.

Relocation Out of Area, If Member changes his/her principal residence to a location more than twenty-five (25) miles from the Club and is unable to transfer his/her membership to a comparable facility, Member shall have the right to cancel this Agreement by Member shall have the right to cancel this Agreement. To cancel this agreement, member must go to fitathletic.com/cancellation and complete the form. Member must provide satisfactory proof of new residence as determined by the Club, and shall be relieved from the obligation of making payment for services other than those received prior to relocation. Upon cancellation, no further payments are required, and a prorated portion of any amount prepaid will be refunded to Member upon written request to the Club. Member shall be subject to a cancellation fee of $100, or, if more than half the life of the membership has expired, Member shall be subject to a cancellation fee of $50.

SECTION 7: RELEASE & WAIVER OF LIABILITY

Personal Property. Member understands and agrees that the Club is not liable nor responsible for personal property of Member and/or his/her guest(s) that may be lost, stolen or damaged while in, on, or about the Club's facilities, and that Member is fully responsible for any said loss of personal property sustained by Member and/ or his/her guest(s).

Health Representation. Member represents that he/she and/or any of his/her guest(s) entitled to use and enjoy the Club's facilities under the terms of this Agreement, have no disability, impairment, or ailment preventing him/her from engaging in active or passive use of the Club's facilities and all Benefits included therewith, or that will be detrimental or adverse to such person's health, safety, or physical condition if he/she does so engage or participate. Member acknowledges and agrees that: (1) the Club will rely on the foregoing representation in issuing the membership, (2) the Club shall have no obligation to perform a fitness assessment or similar testing to determine Member's physical condition, (3) if any fitness assessment or similar testing is performed by the Club, it is solely for the purpose of providing comparative data with which Member can track progress in a program and is not for diagnostic purposes, (4) the Club shall not be subject to any claim, demand, or injury whatsoever on account of the Club's evaluation or interpretation of such fitness assessment or similar testing, and (5) the Club shall not be liable for any injury arising out of Member's disability, impairment, or ailment preventing him/her from engaging in passive or active use of the Club’s facilities, or that would be detrimental or adverse to such person's health, safety, or physical condition if he/she does so engage or participate. Member and his/her guest(s) should be aware of their medical history and should consult with a physician prior to engaging in any fitness activity at the Club.

Personal Injury. Member shall be responsible for any property damage and/or personal injury (caused by Member, guest or any other individual) at the Club or any activity or function operated, arranged, or sponsored by the Club. It shall be the obligation of Member to pay for any costs involved upon presentation of a statement thereof. Any and all use of the Club’s facilities, or participation in, the Club, activities operated, arranged, or sponsored by the Club either on or away from the Club by Member, guest, or any other individual, shall be at such person’s own risk, and the Club shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. Member, individually, and on behalf of his/her personal representative, heirs, administrators, assigns and successors does hereby expressly forever release and discharge the Club, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action, stemming from any use of the Club’s facilities.

SECTION 8: MISCELLANEOUS MATTERS

Prohibited Items and Activities. Member may not engage in any activity at the Club while under the influence of illegal drugs or alcohol. The Club does not permit smoking, alcohol or illegal drugs, including steroids, in, on, or about the Club's facilities. The Club does not permit the use of photography, videotaping, filming or audio recording in, on, or about the Club's facilities without prior written approval by the Club. The Club reserves the right to limit the consumption of food and/or beverages in workout areas. Member and/or his/her guest(s) are not permitted to solicit, engage in, conduct, or perform personal training services/activities at the Club, with or without compensation. The Club reserves the right in its sole discretion to determine whether Member and/ or his/her guest(s) are soliciting, engaging in, conducting, and/or performing said prohibited personal training activity. The Club reserves the right to limit or restrict the use of any personal equipment at the Club. Member is required to wear appropriate clothing and footwear at all times at the Club and may not be barefoot at any time outside of the locker rooms. Shirts and closed- toed shoes are required for use of any fitness equipment.

Changes to Member information. Member agrees to keep the Club apprised of any contact information changes, including but not limited to, changes to Member’s name, address, telephone, and email such that the Club can provide Member notice of any policy and procedure amendments, addendums, and/or Dues increases.

Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Member understands and agrees that the terms, provisions, and conditions of this Agreement represent the entire Agreement and that this Agreement supersedes all previous understandings and agreements between Member and the Club, whether oral or written. No oral representations and/or promises have been made by the Club and/or any of its officers, agents, servants and/or employees that could be reasonably construed as an amendment, modification, and/or contradiction of any term, provision, or condition of this Agreement. Each provision herein this Agreement is severable, in the event a court determines any provision of the Agreement to be unlawful, unenforceable, or otherwise violative of public policy, each and every other provision of this Agreement shall remain valid and enforceable.

COMPLIANCE WiTH SOCIAL DISTANCING AND HEALTH RECOMMENDATIONS I understand and agree that because COVID-19 and other viral or contagious infections may be transmitted in close and confined spaces, fitness and recreational activity centers may require extra actions on behalf of the public and members to adhere to any and all social distancing and virus and contagion containment guidelines. While I am present at any Fit Athletic facility, or participating in any and all Fit Athletic programs and activities, I agree to follow any and all such social distancing, health and safety guidelines implemented by Fit Athletic, and any other such guidelines that are required by any local, state or federal public health agency, including but not limited to:

1. In the event that I am exhibiting symptoms of fever or sickness, or believe that I may have been exposed to any such sickness or contagion, including but not limited to COVID-19, I will refrain from entering into any and ail Fit Athletic facilities and refrain from engaging in any and all Fit Athletic programs and activities.

2. At all times possible, I will use by best efforts to maintain six feet of social distancing from all other persons while I am at any Fit Athletic facility or engaging in any Fit Athletic program or activity, including maintaining social distancing from any and all persons, members, customers, staff and employees.
3. I will rely on the judgment of other fitness instructors, staff and participants that some categories of fitness instruction and training may require me to be closer than six feet for the physical safety of all persons. I also understand that any person, member, staff or employee who does not want to participate in any such activity shall not be required to participate in such program or activity.
4. While I am present at any Fit Athletic facility, or participating in any Fit Athletic program or activity, I shall use my best efforts to comply with any and all displayed posters and signs that provide information to members or customers to take steps to prevent the spread of COVID- 19, or any other virus or contagion.
5. While I am present at any Fit Athletic facility, or participating in any Fit Athletic program or activity, I shall use my best efforts to cover any of my coughs and sneezes with tissues, and then disposing of the tissues in a trash receptacle, I also shall use good hygiene, including frequently washing my hands for at least 20 seconds with soap and water and using hand sanitizer with more than 60% alcohol. I shall also use my best efforts to wipe down and clean any such fitness equipment after my use.
6. I shall wear face covering as may be required, either pursuant to directives from Fit Athletic and/or any local, state, or federal public health agency.
7. I shall comply with all additional social distancing, health and safety guidelines, rules and requirements that are set forth by Fit Athletic and all local, state, and federal public health agencies.

COVID-19 Liability Waiver

By signing this agreement, i acknowledge the contagious nature of COVID-19, and other yet unidentified viruses and contagions, and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while on site at any Fit Athletic premises or my participation in any Fit Athletic activities or programs, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I also acknowledge that my presence at any Fit Athletic facility and my participation in any Fit Athletic activities or programs may expose members of my family and other persons that I may come into contact with at any time to potential COVID- 19 virus exposure and infection. This release is not limited to exposure and inflection to the COViD-19 virus and includes any additional known and unknown viruses and contagions that be spread through all contacts arising from the Fit Athletic premises, activities and programs.

• I understand that the risk of becoming exposed to or infected by COVID-19, or any other virus or contagion at Fit Athletic, may result from the actions, omissions, or negligence, both passive and active, of myself and others, including, but not limited to, the owners of Fit Athletic, the City of San Diego, Fit Athletic management company's employees, volunteers, and program participants and their families, other Fit Athletic members at the premises and participants in any activities and programs conducted by Fit Athletic.
• I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself or any members of my family and/or children (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, my family and/or my children may experience or incur in connection with my presence, or that of my family and/or children’s presence at the Fit Athletic premises or my participation in any activities, or that of my family and/or children’s, at the Fit Athletic premises, or those activities conducted by Fit Athletic (“Claims”).
• On my behalf, and on behalf of any of my family and/or minor children, I hereby release, covenant not to sue, discharge, and hold harmless the owners, City of San Diego and Fit Athletic management company and their employees, agents, and representatives, of and from the any and all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. This release also includes members of my family and children, and any of my agents and or assigns, who may be exposed to any of the risks set forth hereto arising from my presence at any Fit Athletic facility or premises and my participation in any Fit Athletic activities and programs.
• I understand and agree that this release includes any Claims based on the actions, omissions, or negligence, whether passive or active, of the owners, the City of San Diego, and Fit Athletic, its management company, and their employees, agents, and representatives, whether a COVID-19, or other viral or contagious infection, occurs before, during, or after participation in Fit Athletic facility activities or presence at any Fit Athletic premises.

TANNING WAIVER & TERMS OF USE

CAUTION MEDICATIONS:

Antimicrobial agents, tetracyclines, esp. demeclocycline, phenothiazines, esp. chlorzoxazone, griseofulvin, psoralens, sulfonamides, esp. sulfanilamide, thiazides, halogenated salicylamides, sulfonylureas.

TERMS AND AGREEMENTS: Precautions are necessary for safe tanning. I agree that I will comply with all the instructions on the use of the UVA & UBA tanning system, and that I am using these services at my own risk and protecting my vision by using the goggles provided or self-owned. FIT Athletic and its employees and agents, are not liable for any injury for persons or property caused in any way using its services or its premises. Also, they are not liable for the loss or theft of any personal property.

PT AND CRYOTHERAPY THIS AGREEMENT for Personal Training Services. In consideration of the covenants and representations contained herein this Agreement, the Club and Client do hereby agree as follows:

Initial 5-Day Cancellation Policy: You, the Client, may cancel this Agreement at any time prior to midnight of the fifth business day of the Club after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice which states that you, the Client, are cancelling this Agreement, or words of similar effect. The notice shall be sent to the address listed at the top of this page, attn: Member Services.

SECTION 1: SERVICES

Scope. Client acknowledges and agrees that this Agreement is for Personal Training Services provided by the Club This Agreement is exclusive to Client and is not transferable or assignable. The Club’s personal training staff ("Trainer”) will work with Client to achieve Client's fitness goals and objectives. Client may arrange to use his/her Personal Training Sessions (“Session”) at any Club facility available to Client pursuant to Client’s membership.

Length of Sessions. Sessions must be scheduled in advance and shall be approximately 25 or 50 minutes in length, and begin at the time Client and Trainer first make contact to begin the Session.

Punctuality. In the event Client is late to his/her Session, the length of the Session shall be reduced in proportion to the time Client is late. If Client is late by more than fifteen (15) minutes, Trainer shall have the right to cancel the Session and Client will forfeit the same and the amount paid toward the Session. In the event Trainer is late to Client’s Session, the length of the Session shall be extended in proportion to the time Trainer is late.

Payment. Payments for Sessions must be made in advance. Payments may be made in one lump sum or monthly (via an electronic funds transfer (“EFT”) from the debit or credit card account already on file with Client’s membership, unless specified otherwise by Client). Should Client opt for monthly payments, Client's account will be billed on the 1st of each month until otherwise cancelled by Client pursuant to Section 2 below.

Cancellation of Sessions. 24-hour advance notice to the Club is required for rescheduling or cancelling an individual Session. If Client is unable to attend and/ or misses his/her Session and does not provide said 24-hour notice, he/she forfeits the same and the amount paid toward the Session.

Additional Sessions. Client may opt to purchase additional Sessions. In such a case, Client acknowledges that this Agreement shall remain in full force and effect, and continue to govern the rights and obligations of Client and the Club, except as to the amount payable per such additional Session, if different from the amount stated above. Expiration of Sessions. All Sessions must be used within 180 days from the date of purchase. Client shall not be entitled to a refund of any amount paid toward a Session not used within 180 days.

SECTION 2: CANCELLATION OF AGREEMENT

By Club. Without prejudice to any other rights or remedies Client and the Club may have, the Club may immediately cancel this Agreement (1) if Client fails to pay any amount due under this Agreement on the due date for payment, or (2) if Client fails to comply with the terms of this Agreement or with any rules and regulations adopted by the Club, or for any conduct the Club determines in its sole discretion to be improper or in any way contrary to the best interest of the Club and its Personal Training Services. Upon cancellation under (2), any and all payments made by Client for unused Sessions shall be retained by the Club and non-refundable.

By Client. Alter expiration of the Initial 5-Day Cancellation Policy as set forth above, Client may cancel this Agreement at any time upon thirty (30) days advance written notice to the Club. To cancel this agreement, Member must go to fitathletic.com/ cancellation and complete the form. Notice will have been deemed to be given from the date the cancellation request was received by the Club. At the time of cancellation, Client's account will be billed for the current and following month, unless the request to cancel is made on or before the billing date, at which time Client will only be billed for the current month. Cancellation of Client's electronic payment shall not constitute cancellation of this Agreement.

By Disability or Death. If by reason of disability or death Client is unable to use or receive Personal Training Services under this Agreement, he/she may cancel this Agreement by providing written notice to the Club and shall be relieved from the obligation of making payment for Sessions other than those used prior to death or the onset of disability. Upon cancellation for either reason, no further payments are required, and a prorated portion of any amount prepaid will be refunded to Client or his/her representative upon written request to the Club. As used herein, the term “disability" means a condition that precludes Client from using or receiving Personal Training Services as verified in writing by a medical professional.

Relocation Out of Area. If Client changes his/her principal residence to a location more than twenty-five (25) miles from the Club and is unable to transfer this Agreement to a comparable facility, Client shall have the right to cancel this Agreement by going to fitathletic.com/cancellation and completing the form. Client must provide satisfactory proof of new residence as determined by the Club, and shall be relieved from the obligation of making payment for Sessions other than those received prior to relocation. Upon cancellation, no further payments are required, and a prorated portion of any amount prepaid will be refunded to Client upon written request to the Club.

SECTION 3: REPRESENTATION; RELEASE & WAIVER OF LIABILITY

Health Representation. Client represents that he/she has no disability, impairment, or ailment preventing him/her from using the Club’s Personal Training Services or that will be detrimental or adverse to Client's health, safety, or physical condition if he/she does so engage, participate or make use. Client acknowledges and agrees that: (1) the Club will rely on the foregoing representation in issuing this Agreement, (2) the Club shall have no obligation to perform a fitness assessment or similar testing to determine Client’s physical condition, (3) if any fitness assessment or similar testing is performed by the Club, it is solely for the purpose of providing comparative data with which Client can track progress in a program and is not for diagnostic purposes, (4) the Club shall not be subject to any claim, demand, or injury whatsoever on account of the Club's evaluation or interpretation of such fitness assessment or similar testing, and (5) the Club shall not be liable for any injury arising out of Client’s disability, impairment, or ailment preventing him/her from using the Club’s Personal Training Services, or that would be detrimental or adverse to Client’s health, safety, or physical condition if he/she does so engage, participate or make use. Client should be aware of his/her medical history and should consult with a physician prior to engaging in any use of the Club's Personal Training Services.

Personal Injury. Client certifies that he/he understands the risks associated with use of the Club’s Personal Training Services under this Agreement, including, but not limited to, physical injury resulting from the acts, omissions, and/or negligence of Client and/or others. Client shall be responsible for any injury sustained by Client which may result from Client's use of the Club's Personal Training Services, it shall be the obligation of Client to pay for any costs involved upon presentation of a statement thereof. Any and all use of the Club’s Personal Training Services by Client shall be at Client’s own risk, and the Club shall not be liable for any injuries or damages to Client, or be subject to any claim, demand, injury or damages. Client, individually, and on behalf of his/her personal representative, heirs, administrators, assigns and successors, does hereby expressly forever release and discharge the Club, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action, stemming from use of the Club's Personal Training Services.

SECTION 4: ENFORCEMENT OF AGREEMENT

This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Client understands and agrees that the terms, provisions, and conditions of this Agreement represent the entire Agreement and that this Agreement supersedes all previous understandings and agreements between Client and the Club, whether oral or written. No oral representations and/or promises have been made by the Club and/or any of its officers, agents, servants and/or employees that could be reasonably construed as an amendment, modification, and/ or contradiction of any term, provision, or condition of this Agreement. Each provision herein this Agreement is severable. In the event a court determines any provision of the Agreement to be unlawful, unenforceable, or otherwise violative of public policy, each and every other provision of this Agreement shall remain valid and enforceable.

1. In consideration for using the Cryosauna (the “Equipment'’). I hereby EXPRESSLY RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS FIT ATHLETIC CLUB SAN DIEGO. LLC, ITS MEMBERS, OWNERS, OFFICERS. REPRESENTATIVES, AGENTS, EMPLOYEES, CONTRACTORS, ASSIGNEES AND VOLUNTEERS (HEREINAFTER REFERRED TO AS THE “RELEASEES”), FROM ANY AND ALL CLAIMS (INCLUDING. BUT NOT LIMITED TO, CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH), LIABILITY, DEMANDS. ACTIONS AND CAUSES OF ACTION WHATSOEVER, WHETHER FORESEEABLE OR NOT, FOR NEGLIGENCE. CARELESSNESS AND STRICT LIABILITY OR OTHERWISE /INCLUDING, BUT NOT LIMITED TO, ANY NEGLIGENCE OF THE RELEASEES), ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE OR INJURY THAT MAY BE SUSTAINED BY ANY PERSON, WHILE USING THE EQUIPMENT OR DUE TO THE USE OF THE EQUIPMENT.
2. I hereby confirm and agree that the RELEASEES HAVE NOT MADE AND DO NOT HEREBY MAKE, NOR SHALL THIS WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT (THIS “AGREEMENT") NOR THE CRYO PROCESS TO BE PERFORMED BY THE RELEASEES UNDER THIS AGREEMENT GIVE RISE TO ANY REPRESENTATIONS, WARRANTIES OR COVENANTS (EXPRESS, IMPLIED, ORAL OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WORKMANSHIP OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CRYO PROCESS. I UNEQUIVOCALLY REPRESENT, ACKNOWLEDGE AND STATE THAT IN EXECUTING AND DELIVERING THIS AGREEMENT, I AM NOT RELYING UPON ANY WARRANTIES, REPRESENTATIONS, PROMISES OR STATEMENTS, WHETHER EXPRESS OR IMPLIED, MADE BY RELEASEES, AND AM RELYING SOLELY ON MY OWN INSPECTION, INVESTIGATION AND JUDGMENT. I fully understand the administration of the process, including possible adverse reactions, side effects or other possible complications. It is understood that this Agreement is being given in advance of any administration of the process, and is being given by me voluntarily to use the Equipment.
3. I am fully aware of the risks and hazards connected with the use of the Equipment, including the risk of physical injury or disability as the result of such injury, and I am voluntarily participating in said Equipment usage, I and entering the above-named premises to engage in such usage, I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY that may be sustained as a result of being engaged in such an activity.
4. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ALL RISKS AND CLAIMS OF ANY NATURE FOR ANY LOSS, LIABILITY, DAMAGE OR COSTS THAT I MAY INCUR DUE TO THE USE OF EQUIPMENT BY ME. SPECIFICALLY INCLUDING. BUT NOT LIMITED TO, NEGLIGENT ACTS BY MYSELF OR OTHERS.
5. It is my express intent that this Agreement shall bind the members of my family and my spouse (if any), if I am alive, and my heirs, assignees and personal representative, if I am not alive, and shall be deemed as a RELEASE, WAIVER AND DISCHARGE of the above named RELEASEES. I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of CALIFORNIA.
6. I understand that the RELEASEES will not be responsible for any medical costs associated with any injury.
7. I understand that Cryotherapy is provided for the basic purpose of relaxation, stress reduction, relief of muscular tension, recovery from muscular tension and recovery from surgery, illness or injury. I further understand that Cryotherapy should not be construed as a substitute for medical examination, diagnosis or treatment and that I should see a physician, chiropractor or other qualified medical specialist for any mental or physical ailment that I am aware of.
8. I understand that Cryotherapy therapists are not qualified to perform skeletal adjustments, diagnose and/or prescribe and that nothing said in the course of the session should be construed as such.
9. Because Cryotherapy is contraindicated under certain conditions, I affirm that I have stated all my known medical conditions and answered all questions honestly. I agree to keep the therapist updated as to any changes in my medical profile and understand that there shall be no liability on the therapist's part should I forget to do so. My signature below constitutes my acknowledgment that (1) I have carefully read this entire Agreement and fully understand and agree to be bound by its contents, (2) the proposed indoor cryotherapy process has been satisfactorily explained to me and I have all of the information I desire, and (3) I hereby give my authorization and consent. This Agreement shall stand as long as I use the Equipment at the location now and in the future. I have read the instructions for proper use of the facilities and do so at my own risk and hereby release the RELEASEES, owners, operators, franchisers, or manufacturers, from any damage or harm that I might incur due to use of the facilities. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I HAVE GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS; AND I EXECUTE THIS AGREEMENT FREELY, VOLUNTARILY, UNDER NO DURESS OR THREAT OF DURESS, WITHOUT INDUCEMENT, PROMISE OR GUARANTEE BEING COMMUNICATED TO ME. Furthermore, I agree that I will comply with all instructions on the use of the Equipment and that I am using these services at my own risk. I agree to use all sessions within the terms of the contract dates and understand that refunds are not given on unused portions of purchased packages.

Certainly, I understand. Here's the revised section:

2. CONTRAINDICATIONS ACKNOWLEDGEMENT:

By signing this agreement, I confirm that I do not have any of the following conditions:

ABSOLUTE CONTRAINDICATIONS

Untreated High blood pressure (at or above 180/100)

Peripheral Arterial Occlusive Disease (circulatory problem)

Unstable Angina Pectoris (chest pain) Pacemaker or other Heart Conditions Chronic Obstructive

Pulmonary Disease (COPD) Deep Vein Thrombosis (DVT) or blood clots Pregnancy

RELATIVE CONTRAINDICATIONS

Polyneuropathies (damage or disease affecting peripheral nerves)

Severe Anemia

Vasculitis (inflammation of blood vessels) Acute Kidney or Urinary Tract Diseases Raynaud's Diabetes

Open Sore or Wounds

I have read and confirm I do not have any of the absolute contraindications above.

This version emphasizes that the participant’s signature on the agreement implies confirmation that they do not have any of the listed contraindications.

Contact. Member affirms, acknowledges and attests that Member's mailing address, telephone number, cellular telephone number and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Fit Athletic and ABC Fitness Solutions, LLC, including its agents, affiliates, and vendors, not limited to its debt collection agencies or attorneys, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address, set forth on the face of this agreement, or subsequently provided by Member to Fit Athletic and/or ABC Fitness Solutions, LLC, including via SMS and automated dialing system and/ or prerecorded voice messages. You further acknowledge that you are not required to provide this consent, directly or indirectly, as a condition of purchasing any goods or services and that all contact information provided by you above is accurate. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.

Collection of Your Personal information. ABC collects information about you that is provided in conjunction with your purchase of services from one of ABC's health club clients, including information provided on your health club membership agreement(s) and personal training agreement(s). Information about you is typically obtained from the agreement you sign with the club from whom you purchase services. Your personal information may also be collected from you when you provide information directly to ABC in any manner, or when you update account or contact information at the club or online. The information ABC collects about you may include your name, postal address, email address, phone numbers, bank account or credit card information, audio recordings of phone calls with you or made in relation to your account, photographs voluntarily taken at the club, and e-mail correspondence with you or in relation to your account. ABC collects such personal information about you for the purpose of processing and collecting payments owed by you to the club, to contact you in relation to your health club account, and to otherwise provide third party payment processing and administrative services to your club. ABC uses information it collects to communicate with health club members, collect payments owed to its health club clients, and maintain up to date account information for members. ABC’s Privacy Policy is available at https://www.abcfitness.com/privacy- policy/.

E-SIGN CONSENT: Certain laws and regulations may require Fit Athletic and/or ABC Fitness Solutions, LLC to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the "Documents”) that Fit Athletic and/or ABC Fitness Solutions, LLC may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting Fit Athletic and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Fit Athletic and/ or ABC Fitness Solutions, LLC. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member's receipt of the Documents. Member agrees to maintain a valid email address with Fit Athletic and/or ABC Fitness Solutions, LLC, and to promptly notify Fit Athletic and/or ABC Fitness Solutions, LLC of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Fit Athletic and/or ABC Fitness Solutions, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that they must have (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member's electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that they may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets, and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Memberto access the Documents electronically, then Fit Athletic and/orABC Fitness Solutions, LLC will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view, and receive the Documents electronically, and that Member has provided a valid and active email address to Fit Athletic and/orABC Fitness Solutions, LLC.

FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FITNESS SOLUTIONS AT:

1-888-827-9262

www.abcfitness.com

ABC Financial is our payment processor. I have read the ABC Privacy Policy and agree to the Terms and Conditions above.

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