Terms & Policies

It is agreed by and between R3D Holdings, Inc. DBA Fitness For $10 (FF10) and you, the undersigned Buyer (individually, if you are the Member, and/or as agent or guardian of the Member or responsible party), that you are purchasing a membership from Fitness For $10 according to the terms of this Membership Agreement, the current Membership Policies, the Club Rules and Regulations (“Agreement”).

Annual Club Improvement Fee - I/we agree to pay $________ on or about _______ and each year thereafter the I/we remain a member(s). All Membership Fees are Subject to Applicable State Sales Tax.

*Employee Service Fee This surcharge is with the explicit and sole intent to provide benefits for our employees. While many clubs use tips and other means to collect these funds, we believe this small surcharge is the best means to take care of the people who provide customer service to you our member(s). Their commitment to “World Class Service” is what we want to sustain to ensure you an excellent experience at Fitness For $10.

Your membership is subject to an increase by as much as 10% per year.

The Membership will be billed each month through Electronic Funds Transfer (EFT*) and will appear as ABC Financial Services, LLC. Fixed term agreements will continue as month-to-month memberships after the expiration date unless written cancellation is received 30 days prior to the expiration date. In addition to the grounds for termination as provided herein, you may terminate monthly dues membership agreements by submitting a 60 day written notice. For the purpose of this membership agreement a monthly dues membership is an open month-to-month agreement with no fixed term. Written notice may be sent by a certified letter or by email to: Cancellations@Fit4-10. com. Once 60-day written notice (only applies to month-to-month memberships) is received you will be billed for two months of membership dues. Any prepaid dues or dues processed prior to your effective date of cancellation are non-refundable. Members are responsible for any back dues, late fees, billing decline fees and bank charges prior to cancellation.

Default and Late Payments: I understand that I have signed hereunder a contract/note which may be processed and collected by a third party and that any future involvement I may have regarding the billing of this contract will be submitted directly in writing at the address listed on this document or such address and/or phone number that is provided to me. My failure to regularly attend and utilize any or all of the facilities does not relieve me of my obligation to pay the installment note in full, regardless of the circumstances. It is my responsibility to know whether this Contract is in default or that payments have been missed. FF10 is not responsible for notifying me of late payments or any default proceedings. 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 Financial Services, 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 E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.

You (referred to below as “You” or “you”) have agreed to purchase a membership at Fitness For $10 Brandon (the “Club”) that allows you access at any time under certain conditions. As such, you are aware that during certain hours, there will be no supervision or assistance available. You are also aware that if you are injured, become unconscious, suffer a stroke or heart attack, that there will likely be no one to respond to your emergency and the Club has no duty to provide assistance to you during off hours. Even though the Club is equipped with surveillance cameras, it is likely that should you require immediate assistance, none will be provided. We highly recommend that you have a workout partner accompany you while at the Club, but it is entirely up to you.

Because physical exercise can be strenuous and subject to risk of serious injury, the Club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any Club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. You agree that you are voluntarily participating in the use of the Club and assume all risks of injury, illness or death. The Club also is not responsible for any loss of your personal property. This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment and (c) your slipping and/or falling while in the Club, or on the Club premises, including adjacent sidewalks and parking areas.

You represent (a) that you are in good physical condition and have no disability, illness or other condition that could prevent you from exercising without injury or impairment of health. Such risk of injury includes (but is not limited to): injuries arising from use by you or others of exercise equipment and machines; injuries arising from participation by you or others in supervised or unsupervised activities or programs at the Club; injuries and medical disorders arising from exercising at the Club such as heart attacks, strokes, heat stress, sprains, broken bones and torn muscles and ligaments among others; and accidental injuries occurring anywhere in Club dressing rooms, showers and other facilities. You further expressly agree that this entire Waiver and Release Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance of the Waiver and Release Agreement shall continue in full force and effect. Member has read this release and waiver of liability and the indemnity clause and agrees that no oral representations, statements or inducement apart from this have been made.

Tanning, Sauna & Red Light Liability Release: Precautions: A) A person who uses a tanning device in this facility must use eye protection to avoid damage to the eyes. B) Before using a UV tanning booth, sauna or red light therapy consult with your physician if you are pregnant, have photosensitivity, heart problems or other known medical conditions. C) Overexposure to the ultraviolet radiation produced by a tanning device may cause irritation to skin or bums. D) Repeated exposure to the ultraviolet radiation in a UV tanning booth may cause premature aging of the skin, and skin cancer. E) Abnormal skin sensitivity to ultraviolet radiation or burning may be caused by certain foods, cosmetics, or medication, including the following: Tranquilizers, Diuretics, Antibiotics, High blood pressure medications, Birth control medications, and other photosensitizing agents. F) An individual who is taking a prescription drug over-the-counter drug should consult a physician before using a tanning booth, sauna or red light therapy device. G) A person who is less than (18) years of age may not use a sauna under any circumstances and may not use a tanning device unless the parent or guardian has signed the written statement and Release of Liability. I agree that I will comply with all instructions of the use of the UV tanning system, infrared sauna system and red light therapy system and that I am using these devices at my own risk. You agree to hold harmless Fitness For $10 and its employees and agents for any injury to persons or property in any way by the use of its facilities and services.

You acknowledge that you have carefully read this entire “Waiver and Release Agreement” and fully understand that it is a release of liability. You, and you on behalf of your personal representatives, assigns, heirs, and next of kin, release the Club for any loss or damage and forever give up any claim or demands therefore on account of injury to your personal property, including injury leading to your death, whether caused by the active or passive negligence of the Club or otherwise to the fullest extent permitted by law while you are in the Club, upon or about the premises or using any Club facilities, services or equipment. You expressly agree to release and discharge the Club, and all affiliates, employees, agents, representatives, successors, or assigns of the Club, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Club for negligence, personal injury or property damage. Notice To Purchaser: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES

SIGNATURE BY MEMBER By signing this membership agreement I am acknowledging that I have read, understand and agree to this entire Waiver and Release Agreement.

You the buyer may cancel this agreement penalty free within 3 days after the date of the agreement, excluding weekends or holidays. Such cancellation must be in writing and sent certified mail to Fitness For $10 at the address above. If mailed, such cancellation must be postmarked by the aforementioned time. A refund shall be issued within 30 days after receipt of the notice of cancellation made within a 3 day provision.

Buyer’s Rights in Event of Death or Disability: If you die or become physically unable to avail yourself of a substantial portion of those services which were used from the commencement of the contract and acceptable written proof of such death or physical disability (a physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461, Florida Statutes, provided the diagnosis or treatment is within the physician’s scope of practice) is received by certified mail by Fitness For $10 at the address above, you or your estate shall be relieved from the obligation of making payment for training, other than that received prior to death or the onset of disability, and that if you have prepaid any sum for training, that amount shall be promptly refunded. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.

You may cancel the contract if Fitness For $10 goes out of business and fails to provide equal facilities at no additional cost within 5 driving miles of, or if its facilities move more than 5 miles driving from, the address in which you enrolled, upon written notice by you (with refund of this contract in an amount computed by dividing the total price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term); within 30 days. Such a notice of cancellation from you shall also terminate automatically your obligation to any entity to whom the health studio has subrogated or assigned your contract. If the health studio (the Club) wishes to enforce such contract after receipt of such showing, it may request the Department to determine the sufficiency of the showing. The business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises: (A) Upon sale, for not more than 14 days; or (B) By the current ownership, for not more than 7 consecutive days and not more than 2 period of 7 consecutive days in any calendar year. You shall contact the Florida Department of Agriculture and Consumer Services within 60 days if Fitness For $10 goes out of business.

If the Department determines that a refund is due to you, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of Fitness For $10 shall not be deemed out of business when temporarily closed for repair and renovation of the premises: (A) Upon sale, for not more than 14 consecutive days; or (B) By the current ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year. A refund shall be issued within 30 days after receipt of the notice of cancellation.

Tax: Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.

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 Fitness For $10 and ABC Financial Services, LLC including its agents and affiliates, 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 Fitness For $10 and/or ABC Financial Services, LLC.

Notice: Any holder of this consumer contract is subject to all claims and defenses which the debtor could assert against the seller of goods for services obtained pursuant hereto or with proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor or hereunder.

Freezing Membership: Any active membership in good standing may be placed on an inactive status (frozen). If it is a Monthly Dues Membership, the member must give Fitness For $10 written notice 30 days prior to the next billing date, and during the frozen period, the member will be billed at a reduced rate of $10.00 per month or 50% of mo. dues, whichever is less. If it is a Paid In Full membership, upon written notice by the member and payment of a $10.00 monthly fee, the membership may be frozen for a maximum of 6 months. Annual fees cannot be frozen. Normal billing will resume immediately after the expiration of the freeze. No notification will be provided and no refunds will be permitted.

Assignment/Transfer: Fitness For $10 May Assign This Agreement, including Member’s payment obligation herein. Any EFT Membership may be transferred by Member to anyone over 18 years of age provided that all payments under the Agreement are current at the time of transfer. The new Member (transferee) must sign a new agreement and pay Fitness For $10 a fee of $39.00 plus sales tax. Member/Buyer acknowledges that member/buyer has read the terms and conditions set forth herein and accepts this agreement as a legal and binding contract Member/Buyer is of legal age and capacity and is willfully entering into this agreement.

Membership Upgrade/Downgrade: A Member may upgrade or downgrade his/her membership under the Agreement provided that account is current at the time. The Member must sign a new agreement and pay Fitness For $10 a fee of $39.00 plus sales tax.

Additional Cancellation and Transfer Terms: The membership is not negotiable, transferable or cancelable except as otherwise provided herein. Verbal cancellations are not accepted. Buyer’s proof of written cancellation is the USPS certified receipt if mailed or the FF10 confirmation reply if emailed. FF10 is not responsible for lost evidence of cancellation. Excluding the 3 business day provision to cancel and the buyer’s other rights to cancel required by law stated herein, buyer agrees not to cancel within the first 30 days. After the first 30 days buyer may cancel with a written cancellation notice. If buyer has a minimum term that has not yet been fulfilled, then buyer’s obligation to pay monthly dues shall continue for the remaining value of the membership term.

Jurisdiction: To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sold and exclusive jurisdiction of the State of Florida and to the application of Florida law.

Arbitration. Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be the city of your club location and Florida law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently ABC Financial Services, LLC.

MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

E-SIGN Consent. Certain laws and regulations may require Fitness For $10 and/or ABC Financial Services, 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 Fitness For $10 and/or ABC Financial Services, 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 Fitness For $10 and/or ABC Financial Services, LLC and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Fitness For $10 and/or ABC Financial Services, 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 Fitness For $10 and/or ABC Financial Services, LLC and to promptly notify Fitness For $10 and/or ABC Financial Services, 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 Fitness For $10 and/or ABC Financial Services, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that it 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 it 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 Member to access the Documents electronically, then Fitness For $10 and/or ABC Financial Services, 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 Fitness For $10 and/or ABC Financial Services, LLC.

CLUB RULES, REGULATIONS, CONDITIONS AND PROVISIONS

· Membership is a privilege and will carry no right of participation in management or control of the finances of FITNESS FOR $10.

· FITNESS FOR $10 is not obligated to repurchase any memberships. No refunds for any prepaid dues, services or programs and no refunds will be given if member has any outstanding debt owed to this fitness club for this agreement or any other payment obligation. FF10 reserves the right to apply payments to the oldest debt first.

· Memberships may not be advertised publicly for sale using any form of media inside or outside the club.

· Failure to utilize FITNESS FOR $10 facilities does not relieve the member of the financial obligation to pay for this membership.

· FITNESS FOR $10 reserves the right to discontinue any membership, program, service or amenity at anytime.

· MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERS or guests and any acts, which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation.

· Rules and regulations as set forth are part of the Membership Agreement and member is obligated to observe and comply with them. FITNESS FOR $10 may at its sole discretion make changes from time to time. Said changes shall be posted on the premises.

· Hours: Facility hours of operation are subject to change without notice. Holidays, special occasions or extraordinary maintenance are the discretion of management.

· Members may use FITNESS FOR $10 facilities up to a 2-hour time limit during a 24-hour period.

· No loitering is permitted.

· No solicitation of any kind is permitted upon Fitness For $10 premises unless pre- approved by management.

· All members, upon entering FITNESS FOR $10 are required to present membership Key Card at the front desk each time they use the club. Lost membership key card replacement charge is $5.00. A member can be manually entered into the system no more than three (3) times, then must purchase replacement key card.

· Guests are welcome and must be registered and fees paid at the reception desk. All Guests - Must be 18 years or 12 years with parent. Must be a local qualified resident. ID required. First time visitors only. Terms and Conditions apply, see club for details. Redemption of a guest pass or signing of a guest register or membership agreement at one of our fitness locations may be deemed written permission and consent for future telephone and/or email contact by Fitness For $10 for solicitation purposes regardless of whether or not I am listed on the “National Do Not Call Registry”. We will not sell your information to a third party, however it may be used for marketing purposes through associated vendors etc.

· All members and guests must wear workout attire, including shoes, (no flip flops, sandals, open or toed shoes (Vibram Five Fingered Shoes), work boots, work clothes, jeans, cut off jeans or pants with zippers, rivets, buckles or buttons will be permitted), or any other attire that is considered a violation of dress code by Fitness For $10 management.

· All members are required to bring their own towel and wipe sweat off all equipment after use.

· All members are required to maintain proper personal hygiene: i.e. excessive per- fumes/cologne, offensive body odors including clothing and accessories is strictly prohibited and enforced.

· Members are required to return all accessories, weights, dumbbells, medicine balls, exercise balls, jump ropes, ladders, cones etc…to proper racks.

· Be courteous to other members and do not monopolize equipment, “Please Share”.

· No dropping weights, dumbbells or equipment of any kind.

· Do not put weight plates on the floor, against the wall, glass or equipment.

· No chalk or Rosin.

· No gym bags on the workout floor.

· MEMBER agrees that MEMBER shall not use loud or profane language upon the club premises nor shall MEMBER molest, badger, assault or harass other CLUB Members, guests or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate termination without refund.

· No consumption of alcoholic beverages on the premises or prior to exercise.

· MEMBER understands that the club prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids or other illegal drugs and no such activity is allowed upon CLUB premises.

NO smoking or tobacco products (chewing tobacco, snuff or dipping) on or within 100 yards of Fitness For $10 facilities.

· No oil spraying in tanning areas.

· No open drinks on the workout floor. (Protein shakes, energy drinks, etc… must be in a closed container with a lid or cap fastened). No milk jugs are permitted at FF10.

· Force Majeure: For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Club including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, pandemic, act of God, war, riot, civil commotion, malicious damage, catastrophe, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, construction or extraordinary maintenance, fire, flood, storm or default of suppliers or subcontractors, (a) the Club shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event, it shall not cease billing if able to provide virtual services or provide for additional time on membership when able to resume services (b) If the Force Majeure Event prevents the Club from providing any of the Services for more than 8 weeks, the Club shall, without limiting its other rights or remedies, have the right to freeze billing, offer alternative club credit or terminate this Contract immediately by giving written notice to the Customer.

· The club reserves the right to refuse admittance and usage of the facilities at any time for members or non-members.

· Retention Of Dues To Cover Damages: In the event a Member, through negligence or willfulness, damages any of the facilities, FITNESS FOR $10 may terminate the membership and retain as much of the prepaid sum as is allocable to services he has taken to cover damages caused by the Member. The membership fee shall not be refundable or applicable to cover damages. This provision does not in any way preclude FITNESS FOR $10 from seeking damages beyond the amount of the prepaid sum, nor is FITNESS FOR $10 precluded from seeking damages without terminating membership.

· Default In Fee Obligation: All monthly dues obligations are due and payable each month. If dues become delinquent, use of FITNESS FOR $10 facilities will be suspended immediately. If dues become 30-days delinquent, member will be automatically terminated. The unpaid balance of the initial term including 60-day cancellation and annual fee requirement will become due and payable. Annual fees will not be pro-rated. The member will also be responsible for reasonable attorney fees for collection of a delinquent account.

· Any member or (member’s guests) in violation of the facility rules, regulations, conditions or provisions of membership herein contained or posted on FITNESS FOR $10 premises, FITNESS FOR $10 may suspend and/or terminate and/or revoke their membership immediately. If the terminated member has prepaid any sum for services, all funds will be forfeited without refund.

Assumption of Risk and Waiver and Release of Liability For Communicable Diseases Including COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the Centers for Disease Control. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, governments and health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Fitness for $10 Brandon (“the Club”) has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you will not become infected with COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 or other similar diseases including but not limited to MRSA, influenza or COVID-19 by attending the Club and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, other members, guests, and program participants and their families. I willingly agree to comply with the stated and customary terms and conditions for participation as it regards to protection against infectious diseases and understand that I have an obligation to sanitize the equipment that I use. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the Club or participation in Club programming (“Claims”). I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program. As a parent/guardian, with legal responsibility for any participant under the age of 18 I certify that I have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases and I am assume all risks on their behalf.

VIP/PREMIER/PLATINUM

Member Guest Privilege Rules

· All guests must be accompanied by a “Premier or Platinum Member” at time of visit. Member must stay on premises while guest uses club. (Guests must enter and exit premises with member).

· All guests must have valid photo identification to enter the facility; management will hold guests I.D. during the visit and return upon departure.

· Economy Members may bring guests at a reduced rate of $10/visit. All Guests that paid guest fee have to leave when the Primary facility closes. They cannot utilize the facilities during extended business hours. (24 Hour access)

· All guests must be at least 18 years of age. Guests (10 – 17 yrs. old) must be accompanied by their “Parent with a Premier or Platinum Membership or pay a guest fee. Guests and members 12-14 years of age are not permitted in the Advanced Training Area (24 hr. area), unless, accompanied by their parent. No one under the age of 12 is permitted in the Advanced Training Area (24hr. area).

· Guests are entitled to “Gym Access Only”.

· Guests are “not” eligible to Tan, Use Sauna or Red Light Therapy

· Two (2) guests per day with maximum limit for each guest of 12 visits.

· Guest hours begin each day at 9 a.m. and end One (1) hour prior to the club’s normal closing hours.

· Absolutely no guest privileges during 24 hour access. Violators will be subject to prosecution due to “Theft of Services” and membership will be terminated.

By tendering your membership agreement with FITNESS FOR $10, the person whose signature appears on the membership agreement agrees to abide by all the Rules, Regulations, Conditions and Provisions now in effect and those that become effective at any future date.