Terms and Conditions

AUTO RENEW: By agreeing to auto-renewal, provided that the

Member is not in default or delinquent under the Membership

Agreement or this agreement, TeamFHIIT Unlimited and FHIIT Membership (8x/mo) dues will automatically renew without notification at the agreed upon rate,as a month-to-month agreement. Should the Member choose to discontinue training once auto-renew has begun, thirty days (30) notice to cancel must be provided in writing, and any regularly scheduled drafts due within that thirty days (30) will still apply. This notice should be mailed or e-mailed attention to the TeamFHIIT Chief Success Officer or Club General Manager, and a receipt will be provided at that time that outlines expiration date and any remaining drafts to be paid.

RESERVATIONS & SESSION CANCELLATION

All TeamFHIIT classes must be booked online no earlier than 7 days in advance. Any TeamFHIIT reservation that cannot be kept must be cancelled online at least 12 prior to the start of class.

If you cancel within that 12hr window or no-show to a session:

1.) Unlimited and FHIIT members will incur a $10 late cancellation fee.

2.) Package clients will incur the loss of the scheduled session of their package.

ATTENDANCE:

All participants of a TeamFHIIT session are required to be present for their session 15min prior to the session starting. Once the demo of the session and the main doors closed participants will not be able to enter the session at that time. This will be recognized as a no-show and the applicable fees will be assessed at that time. TeamFHIIT reserves the right to assign session spots to any waitlist or standby participants once the beginning of the session.

MEMBER’S RIGHT OF CANCELLATION:

You (the buyer) have seven business days to cancel this contract. To cancel, mail, e-mail or hand deliver a letter to the following address:

Email: [Club Name]@onelifefitness.com

Do not sign this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options you have not selected are lined through or that it is otherwise indicated that you have not selected these options. It is recommended that you send your cancellation notice by e-mail or registered or certified mail or statutory overnight delivery, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of the spa acknowledging your cancellation. To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight thirty days (30) prior to next billing date and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you.

CANCELLATIONS/REFUNDS: USF reserves the right to cancel this membership at any time in its sole discretion. Except as otherwise required by law or in the case of relocation (as outlined in Condition 3 below), if Member elects to terminate this agreement prior to its expiration date, Member may exercise Condition 10 below or pay a $89.00 administrative fee, give 30 days’ termination notice, and pay last month’s dues. Except as otherwise provided in this agreement, all cancellation fees and refunds shall be calculated as set forth in the

Act. All money due to Member upon a cancellation of this agreement, whether pursuant to the Act or this agreement, shall be refunded to Member within thirty (30) days of receipt of notice of such cancellation.

RELOCATION: If Member moves more than 15 miles from the Club, Member may exercise Condition 10 below or Member may give 30 days’ termination notice and pay last month’s dues. This is only available with valid proof of relocation (such as official post office address change or a copy of new utility bill) as approved by USF/MarianaTek.

CONDITIONS (continued)

You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex and vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail or statutory overnight delivery, return receipt requested. CONTRACTED ONELIFE MEMBERS: A cancellation of an Onelife Fitness membership does not result in a cancellation in any TeamFHIIT services as well. Onelife Fitness membership cancellation with follow the outlined procedures in Onelife Fitness membership agreement. NON-CONTRACTED ONELIFE MEMBERS: A cancellation of TeamFHIIT services or TeamFHIIT training packages will no longer allow the user access to the amenities and club facility of Onelife Fitness.

GENERAL PROVISIONS. Except to the extent expressly governed by this agreement, the type of membership available, the applicable fees (including, without limitation, court usefees and fees for other “Club Facilities” (as defined below)), the suspension or cancellation of this agreement or this membership, expulsion of Member, and all other matters affectingor relating to Member or this membership are solely within the discretion of USF. No membership shall be denied or conditioned based upon race, creed, religion, gender, or nationalorigin. Member shall be responsible for any improper, destructive, or abusive conduct of Member and any guest or invitee of Member. “Affiliate” means any person or entity directly

or indirectly controlled by, controlling, or under common control with USF or Sport & Health Holdings, LLC, a Delaware limited liability company (“S&H”), and the term “control”, and terms correlative thereto, shall mean direct or indirect ownership of not less than fifty percent (50%) of all of the voting stock or other controlling legal or equitable interest in the subject person/entity. Each “USF Entity” (as defined below) expressly reserves the right to add, eliminate, or alter any Club Facilities at any time.

6. TEAMFHIIT PROVISIONS. Each TeamFHIIT session shall begin at a mutually convenient and agreed upon time and location. All group exclusive class packages must be paid in advance and must be completed by the applicable expiration date. If not utilized on or before the applicable expiration date, the session shall be forfeited and USF shall have no obligation to refund the fee therefor except as required by State law. USF reserves the right to make changes in the personal trainer providing services to Member under this agreement whenever necessary. In the event Member sustains a medical injury that is not permanent but renders Member unable to train (e.g., broken leg), Member will provide written documentation from Member’s physician to receive an extension of the class’s expiration date. The extension of such expiration date will reflect the amount of time Member is under a physician’s care. Member releases all rights and claims to any “before and after” photographs and for likeness/image to be used as a part of social media/email campaigns of Member and acknowledges and agrees to be featured in that such photographs and videos are the sole and exclusive property of USF.

7. DISABILITY: If Member becomes totally and permanently disabled during the membership term, Member may cancel this contract. In such event, USF is entitled to a reasonable predetermined fee in addition to an amount equal to the value of services made available for use (calculated as provided in the Act). USF shall have the right to require and verify reasonable evidence of total and permanent disability. “Total and permanent disability”, for this purpose, means a condition which has existed or will exist for more than 45 days and which will prevent Member from using the facility to the same extent as Member used it before commencement of the condition.

DEATH: If Member dies during the membership term or any renewal term, Member’s estate may cancel the contract. In such event, USF is entitled to a reasonable predetermined fee in addition to an amount computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. Under these circumstances, USF shall have the right to require Member’s estate to provide reasonable proof of death.

CLUB CLOSURE: Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which this contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.

10.

TRANSFERABLE: Member understands that Member may transfer Member’s membership and balance of Member’s payments to another person. USF will charge a transfer fee of $25.00 depending upon payment arrangements made with transferee.

11.

FREEZE POLICY: Member may freeze this membership for 3 months once per year. A fee of $5.00 per month will be required. To freeze this membership, Member must notify the TeamFHIIT CSO, MarianaTek

or USF as provided in Condition 29 below.

12.

PARTICIPATION: Member understands that the amount and extent to which Member participates in exercise and other activities within a “club” (as defined below) is Member’s responsibility. Member’s failure to use Club Facilities does not constitute grounds for a refund or cancellation.

13.

ADD-ON RATES: Member understands that an Add-On rate is only valid if the primary member who is being added onto remains a member of a club. Should the primary member cancel, the add-on will assume the primary membership rate.

14.

LATE OR RETURNED ITEM CHARGES: A payment default occurs when any payment due under this agreement is more than six days late. A late fee will be assessed if Member failsto make payments by the due date, and an additional service fee will be assessed for a returned check or credit card draft as a result of insufficient funds, account closed, or similar circumstances. If Member is paying monthly dues by electronic funds transfer (EFT), USF reserves the right to instruct its billing company to draft via EFT all amounts owed by Member including any and all late fees and service fees, subject to applicable law. NOTE: Members paying monthly dues by EFT are subject to $5.00 per month increase of monthly dues if an EFT payment is stopped or changed. This will not affect any other provisions of this agreement.

15.

DEFAULT: In the event Member defaults on Member’s obligations under this Agreement, USF shall have the right to declare the entire remaining balance due and payable and Member agrees to pay allowable interest, and all costs of collection, including, but not limited to, any fees charged by a collection agency, and/or any reasonable attorney fees including courts costs. Without limiting the foregoing, for nonpayment of amounts due, USF has the right, among other things, to (i) initiate collection action against Member, (ii) suspend Member’s right to use any club, and/or (iii) terminate this agreement. If any action, suit, or other proceeding is brought or taken (i) to collect any amounts due under this agreement, or (ii) relating to

the enforcement or interpretation of this agreement, Member agrees to pay all fees, costs, and expenses incurred by any USF Entity, including, without limitation, the fees, costs, and expenses of any collection agency and/or attorneys and all costs of judgment enforcement. No remedy is exclusive, and each remedy may be exercised successively and concurrently.

16.

Member understands that as a safety measure and courtesy to fellow members, Member will be responsible for replacing all equipment, weights, and dumbbells to their proper place.

Member understands that Member must abide by posted rules, whether in this agreement, on a club’s website, in a club, or otherwise.

17.

DAMAGE TO FACILITIES: Member agrees to pay for any damage Member may cause to any Club Facilities through Member’s careless or negligent use thereof.

18.

PERSONAL TRAINING: Only certified personal trainers employed or retained by USF are allowed to provide personal training services in any part of a club.

19.

HOURS OF OPERATION: Operation schedules may vary and are subject to change from time to time. A club may be closed on Sundays, Holidays, and for a period covering the

Christmas holidays. This information will be posted in the club.

20.

UNAVAILABILITY OF FACILITY OR SERVICES: Member acknowledges and agrees that certain Club Facilities may be unavailable at any particular time due to mechanical breakdown, fire, act of God, condemnation, loss of lease, catastrophe, repairs/renovation, or any other reason. Further, Member agrees not to hold any “USF Party” (as defined below) responsible or liable for such occurrences.

21.

AMENDING OF RULES: Member understands that USF reserves the right to amend or add to these conditions and to adopt new conditions as it may deem necessary for business reasons and/or proper management of the club(s).

22.

DISCLAIMER OF IMPLIED WARRANTIES: Member understands that no USF Party makes any guarantees, warranties, or representations, written or implied, regarding merchant ability, fitness for a particular purpose, or otherwise, except those written herein or in writing signed by an officer of USF.

23.

MEMBER’S HEALTH CONDITION: If Member has a history of heart disease, any major past or current injuries requiring cast, crutch, sling, splint, or similar, or is in a state of current pregnancy member should consult a physician before joining a health spa. Member acknowledges that (i)

Member is voluntarily engaging in physical exercise, (ii) Member has no congenital, physical, or mental health problems, including, without limitation, any cardiovascular,

neurological, or any other illness, disability, disease, or other condition, that will prevent Member from exercising or participating in, and/or using, any equipment, facilities, programs, personal training instruction, classes, activities, and/or any other services or events provided by, or sponsored by, any health and fitness club operated and/or managed by USF or any of its Affiliates or subsidiaries (USF and such Affiliates and subsidiaries, each a “USF Entity’’ and each such club, a “club”), whether on or off a club’s premises (collectively, the “Club Facilities”), without injury to Member or impairment of Member’s health, (iii) Member has consulted a licensed physician concerning an exercise program that will not subject Member to risk of injury or impairment of health and Member’s physician has approved Member’s contemplated participation in and/or use of Club Facilities, and (iv) no employee of any USF Entity has given Member any medical advice and Member is relying solely on the advice of Member’s physicians regarding Member’s ability to exercise or participate in, and/or use, any Club Facilities. If Member has any special exercise requirements or limitations, Member shall disclose them to the applicable club in writing before participating in or using, or when seeking help or advice regarding, any Club Facilities.

24.

ASSUMPTION OF RISK: Member understands that engaging in physical activities and participation in and/or use of the Club Facilities involves an inherent risk of loss or injury to persons or property. Member further understands that this risk includes, without limitation, loss or injury arising from or relating to (i) Member’s participation in and/or use of the Club Facilities (including locker rooms and spa, pool, shower, and other wet areas in a club), whether supervised or unsupervised and whether on or off club premises; (ii) any dietary recommendations by any club staff, (iii) medical disorders resulting from Member’s participation in and/or use of the Club Facilities

including, without limitation, death, serious neck and spinal injuries resulting in complete or partial paralysis, complication to current state of pregnancy, heart attacks, stroke, injury to bones, joints, or muscles, and complications or other consequences relating thereto; (iv) accidents (whether caused by Member or any other person), including, without limitation, slip and fall

accidents in or around club premises (including, without limitation, hallways, locker rooms, lobbies, pool and other wet areas, and parking areas), while participating in

and/or using Club Facilities or traveling to/from a club; (v) theft or loss of personal property (including, without limitation, personal property kept in lockers); and (vi) theft or loss of property while using Club Facilities. Member expressly agrees that Member (a) is participating in and/or using the Club Facilities at Member’s sole risk with knowledge of the dangers involved, and (b) to the extent permitted under applicable law, assumes all risk of loss and/or injury to persons or property (including, without limitation, the risks enumerated above) and full responsibility for such loss or injury whether due to participating in and/or using the Club Facilities, improper supervision or instruction, or for any other reason whatsoever, including, without limitation, ordinary negligence on the part of any USF Entity or their respective principals, contractors, Affiliates, employees, equity holders, directors, officers, agents, representatives, successors, assigns, guests, or invitees (each a “USF Party”) (each such injury or loss, a “Loss”). Member is cautioned against bringing valuables onto club premises. Without limiting anything set forth in this Agreement, all personal effects, automobiles, and other property brought by the Member onto club premises shall be solely the Member’s responsibility, and no USF Party shall be liable for any damage, destruction, theft, or other Loss of such personal property.

25.

RELEASE FROM LIABILITY: To the extent permitted under applicable law, Member (a) waives any and all claims and rights that Member may now or hereafter have against any USF

Party for any Loss; and (b) releases, discharges, holds harmless, and indemnifies each USF Party from, and covenants not to sue any USF Party with respect to, any and all now

existing or hereafter arising claims, losses, injuries (including, without limitation, death), causes of action, suits, judgments, demands, fees, costs, expenses (including, without limitation, attorneys’ fees, costs, and expenses), damages, and other liabilities with respect to any Loss. Member acknowledges that Member (i) has carefully read this Section and fully understands its terms; and (ii) to the extent permitted under applicable law, is waiving any right to bring any action against any USF Party with respect to any Loss. Each USF Party is a third party beneficiary of this agreement. No USF Party shall be held liable for any businesses operating within any club which are strictly tenants or licensees of a USF Party. No

USF Party makes any recommendations for the purchase or consumption of any supplements that a USF Party may sell in the Club.

26.

TANNING WAIVER: Member accepts full responsibility for the inherent dangers associated with the skin tanning process and releases each USF Party from all liability associated therewith, including electrical and mechanical malfunction of the equipment.

27.

LEGALLY BINDING AGREEMENT: Member understands that this agreement is legally binding in its terms and conditions, whether Member’s use of a club and its services is deter-

mined and paid for on a monthly, yearly, or individual basis.

28.

CHANGE OF ADDRESS: Member must notify ABC of any changes in Member’s name, address, e-mail address, telephone number, EFT information, and other billing and/or contact information. All written communications to Member shall be deemed received 5 days following mailing, first class postage prepaid, to the last known address of Member appearing on the Club records.

29.

NOTICES: Except as otherwise expressly provided in this agreement, all notices to USF or ABC (including cancellation notices), whether pursuant to this agreement or the Act, must be in writing and delivered by certified mail addressed to Onelife Fitness Atlanta, Attention: TeamFHIIT, 1181 Hammond Drive, Dunwoody, GA 30339 or via email to [email protected]. All notices must comply with the requirements of the Act and this agreement and shall be deemed received when actually received. ABC and USF assume no responsibility for notices sent in any other manner. If Member has any questions regarding this agreement,

However, all cancellation notices pursuant to Condition 1 MUST be delivered to the Club at its address specified in Condition 1.

30.

DISPUTES; ARBITRATION: Member agrees that any dispute or claim relating in any way to Member’s use of any Club Facilities (whether supervised or unsupervised and whether on or off club premises) or in any way related to Member’s membership in a club will be resolved by binding arbitration rather than in court, except that Member may assert claims in small claims court if such claims qualify. The Federal Arbitration Act (as amended) and federal arbitration law apply to this agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this agreement as a court would. To begin an arbitration proceeding, Member must send a letter (via certified mail, return receipt requested, or via reputable overnight courier, in each case postage prepaid), addressed to US Fitness Holdings, LLC, 1760 Old Meadow Road, Suite 300, McLean, VA 22102, Attention: Registered

Agent, requesting arbitration and describing Member’s claim. The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules. The AAA’s rules are available at www.adr.org or by calling 800-778-7879. Member and each USF Party each agree to pay his/her/its own fees and costs relating to the arbitration. Member understands and agrees that the initial payment to commence an arbitration will be paid by Member, and that Holdings will reimburse such filing fee if Member is eventually successful in Member’s arbitration proceeding. Payment of all filing and arbitrator fees will be governed by the AAA’s rules. Member and each USF Party each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class-action, class-wide, or consolidated basis, or representative action. There shall be no right or authority for any claims to be arbitrated on a class-action, class-wide, or consolidated basis or representative action whatsoever, and Member understands that Member is waiving any right to proceed in a class action, class-wide, or consolidated basis or representative action, whether within or outside of arbitration, and understands that all claims regarding Member’s relationship with a USF

Party are governed solely on an individual basis in arbitration. If for any reason a claim proceeds in court rather in arbitration, Member and each USF Party each waive his/her/its right to a jury trial. In the event of a conflict between this paragraph and any other section of this agreement, the terms and provisions of this paragraph shall govern.

31.

Subject to applicable law, Member agrees to the use of e-mail, text messaging, mail, telephone (including cell phone), and any other form of communication via a mobile device, the internet, or other electronic or technology-based media as a form of personal and promotional communication by a USF Entity or ABC, whether at or via Member’s mailing address, phone number, or e-mail address set forth on the face of this agreement, or any other contact information subsequently provided to, or obtained by, USF or ABC.

32.

Except as provided in Conditions 3 and 10 above, this agreement is not assignable by Member. This agreement may be assigned by USF (whether by merger, sale of assets, or otherwise) and its successors and assigns without the consent of, or notice to, Member. This agreement shall be binding on USF and its successors and assigns and shall be binding on Member and Member’s permitted assigns. This agreement and any dispute of any sort that might arise between Member and a USF Party shall be governed by, construed, and enforced in accordance with the Federal Arbitration Act (as amended), applicable federal law, and the internal laws of the State of Georgia without giving effect to its conflict of laws provisions. NO CLUB EMPLOYEE IS AUTHORIZED TO MAKE ANY SEPARATE AGREEMENT WITH MEMBER.