Terms and Conditions

Please read fully before signing

You agree to the following:

A. Membership will automatically renew monthly until one party gives notice to the other to terminate this Agreement at least thirty (30) days prior to the end of such term. The Monthly Membership Fee for any renewal shall be the same as the prior term unless Fitness Plus gives notice at least thirty (30) days prior to the end of such term.

B. To cancel your annual membership, Fitness Plus must receive written notification delivered to the gym at least thirty (30) days prior to the end of such term in person or via certified mail to the club at 1209 E. SR 2, LaPorte, IN 46350. Please note it may take up to seven (7) business days for any membership or billing changes to take effect.

C. If you wish to cancel your annual membership before the end of the term for reasons other than those listed in Section 9 of this agreement, the remaining monthly amounts that are due until the end of the term shall still be due and owing.

D. If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including, but not limited to, any membership-related obligations, retail transactions, and/or online purchases to any form of payment which you have provided us until such time as you revoke your authorization for that method of payment by written notification delivered to the gym in person or preferably via certified mail to the address listed above.

E. If your credit or debit card expires, you authorize us to obtain a new expiration date from the card issuer, if we choose to do so, and/or to continue billing the card in accordance with the terms of this agreement (whether or not we have obtained a new expiration date).

F. In accordance with applicable law, if our first attempt to collect any fee under this Agreement is unsuccessful, we may make additional attempts to collect from any/all payment methods you provide us, and a $10 service fee will be applied for each instance we submit or re-submit such payment request and it is returned uncollectable for any reason including, but not limited to, insufficient funds, expired or cancelled payment cards, overdrafts and closed accounts. We are not liable for any fees charged by your financial institution in the event a payment request is returned as uncollectable.

G. Cancellation & Billing Policies: I have read and understand the cancellation rights and billing policies in this Agreement, as well as the additional terms on the following pages.

By signing this agreement, I authorize Fitness Plus, LLC (“Fitness Plus” “us” or “we”) to initiate transfers from the Primary Payment Account designated above for the purpose of billing all or a portion of the recurring Monthly Membership Fee I owe to Fitness Plus on or around the 10th of each month and the Annual Maintenance Fee in December of each year until all of my obligations are paid under this agreement. I understand that my obligation under this agreement includes the Monthly Membership Fee, Annual Maintenance Fee, service fees for uncollectable monthly dues, applicable taxes, charges and any other unpaid fees or dues. I also understand that the Alternative Payment Account designated above may be used by Fitness Plus to bill for any retail transactions and/or online purchases initiated by me. If at any time Fitness Plus is unable to successfully bill the Primary Payment Account for any fee or other obligation mentioned above, I further understand that Fitness Plus may re-submit the fee to the Primary Payment Account and/or bill the Alternative Payment Account for any fee or obligation (including service charges), or any portion thereof. I agree that transfers of partial payments of an overdue balance are authorized. This authorization will remain in full force and effect until all of my obligations are paid in full under this agreement. I understand that the amounts debited from my account may vary each month based on additional amounts owed to us in accordance with the terms of this agreement. I confirm that I am authorized under the terms of the applicable agreement with my financial institution to use the accounts designated above for the purchase of goods and services from Fitness Plus and agree to comply with my financial institution’s requirements at all times while this authorization is in effect.

Cosigner Authorization Waiver

 Parent/Guardian: Fitness Plus does not accept members under the age of 13. For those members aged 13 to 18, a parent/guardian must sign. In exchange for Fitness Plus allowing my minor child who is 13 years or older to purchase a membership, I agree to the Release of Liability and Assumption of Risk clauses in this Agreement and I agree to defend, indemnify and hold harmless Fitness Plus to the fullest extent permitted by law for any claim brought by my minor child against Fitness Plus. I also promise to pay any financial obligation that my minor child does not pay for any reason and acknowledge that the payment information provided above is my account. I understand and agree that if my minor child is under the age of 16, he or she must be accompanied by a parent or guardian at all times while at Fitness Plus.

Financial Cosigner: I promise to pay any financial obligation that the member does not pay for any reason and acknowledge that the payment account information provided above correctly identify my accounts. I also agree to defend, indemnify and hold harmless Fitness Plus to the fullest extent permitted by law for any claim brought against Fitness Plus by the member.

RELEASE OF LIABILITY INDEMIFICATION ASSUMPTION OF RISK CLUB RULES BUYER’S

NOTICE & RIGHT TO CANCEL

I understand and expressly agree that my use of this Fitness Plus facility involves the risk of injury to me or my guest whether caused by me or not. I understand that these risks are inherent in physical activity and my use of the facilities and can range from minor injuries to major injuries, including death. In consideration of my participation in the activities and use of the facilities, exercise equipment and services offered by Fitness Plus, I understand and voluntarily accept full responsibility on my behalf for the risk of injury or loss arising out of or related to my use of the facilities including, without limitation, exercise equipment, tanning, massage beds/chairs, and participation in Fitness Plus or other exercise programs or use of other services, equipment and/or programs offered to members.

I further agree that Fitness Plus and its members, officers, directors, employees, managers, members, agents and independent contractors of such entities will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to me, my spouse or domestic partner, guests, unborn child, heirs, or relatives resulting from the negligent conduct or omission of Fitness Plus, or anyone acting on their behalf, whether related to exercise or not. Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge Fitness Plus from any and all claims, demands, injuries, damages, actions or causes of action related to my use or my guest’s use of the facility (collectively, “Claims”) against Fitness Plus or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless Fitness Plus from and against any such Claims, which shall include payment of all costs and attorney fees incurred by Fitness Plus in defending itself against the Claims. I further understand and acknowledge that Fitness Plus does not manufacture fitness or other equipment or products available in its facilities and therefore Fitness Plus will not be held liable for defective equipment or products.

I understand I am not obligated to sign this agreement and should not do so if there are any unfilled blanks. I understand my right of cancellation and the billing and refund policies. I understand my release of liability, assumption of risk and agreement to indemnify, defend and hold harmless and I have been given the opportunity to review and ask questions related to my use of the facilities, exercise equipment, tanning, massage beds/chairs and other equipment, as well as my participation in exercise programs or other services and/or programs offered to members. I agree to comply with Fitness Plus membership policies and club rules that may be communicated to me from time to time, whether in writing, electronically, through club signage or verbally. Fitness Plus may, in its sole discretion, modify any policy or club rule at any time and from time to time without advance notice. Fitness Plus reserves the right, in its sole discretion, to refund the pro-rated cost of unused services and terminate my membership immediately for violation of any membership policy or club rule. I acknowledge that I have read and understood the tanning risk disclosure set forth in Section 3(C) of this agreement and agree to wear protective eyewear when using the tanning facilities. By signing below, I acknowledge and agree to all of the terms contained on the front and back of this agreement.

PLEASE READ AND UNDERSTAND THIS AGREEMENT BEFORE

SIGNING.

1) Parties.

a. Fitness Plus, LLC (“Fitness Plus”) and you agree that by signing this agreement, you are purchasing a membership or

services and agree to all the terms contained in this agreement. The terms “you” and “Fitness Plus” include heirs,

estates, agents, representatives, officers, directors, shareholders, managers, members, successors, affiliates, parents,

subsidiaries and employees. Both parties make this agreement on behalf of, and it binds, all these included persons and

entities. It is your responsibility to notify Fitness Plus of any change in your mailing address, billing information or

contact information.

2) Representations.

a. Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no

medical reason or impairment that might prevent you from your intended use of Fitness Plus facilities. You acknowledge

that Fitness Plus did not give you medical advice before you joined and cannot give you medical advice after you join. We

do not give members advice relating to their physical condition or ability to use the facilities, so if you have any health or

medical concerns now or after you join, please discuss them with your doctor before using the facilities.

b. Liability for Property: Fitness Plus is not liable to you for any personal property that is damaged, lost, or stolen

while on or around Fitness Plus’ premises including, but not limited to, a vehicle or its contents or any property left in a

locker. If you cause any damage to Fitness Plus’ facilities, you are liable to Fitness Plus for its cost of repair or replacement.

c. Entire Agreement & Enforcement: You acknowledge that neither Fitness Plus, nor anyone else, made any

representations nor promises upon which you relied that are not stated in this agreement. This document contains the entire

agreement between you and Fitness Plus and replaces any oral or other written agreement. If a court declares any part of

this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Fitness Plus does not

enforce any right in this agreement for any reason, Fitness Plus does not waive its right to enforce it later. This agreement and

all physical or electronic copies hereof will be deemed to be valid and authentic and you intend and agree that such copies

will be given the same legal effect as the original signed agreement.

3) Membership.

a. General: Your membership permits you to use Fitness Plus’ premises, facilities, equipment and services and your

dues are in exchange for such access whether you use the facilities or not. Your membership is subject to all current

company policies, rules, terms, conditions, and limitations including, but not limited to, rules, transferability rules, guest

privilege rules, and dress code. Your membership gives you no rights in Fitness Plus, its management, ownership, property,

or operation. Fitness Plus may assign or transfer your membership in its sole discretion. You have no right to assign your

membership or this agreement. Fitness Plus can sell memberships at different rates and terms than yours. Any special

promotional membership or rate regarding privileges, usage, hours, benefits or facilities is valid only at your home club,

unless otherwise provided by Fitness Plus in a signed writing.

b. Group Fitness Instruction: Fitness Plus may offer pre-scheduled group fitness instruction from time to time. The

number of participants in group sessions may be limited. Group sessions will be made available either on an appointment

basis or on a “first come, first served” basis. These classes are strictly informational and instructional in nature and not

intended as personal training.

c. Tanning: Fitness Plus members must be 18 years old to use the tanning facilities. Tanning may be further

restricted by your state and/or local laws, ordinances and regulations, which include, among other things. Please be aware of

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the following risks associated with tanning: (a) Not wearing your own eye protection or eye protection made available to

you by the tanning facility while using a tanning device may cause damage to the eyes; (b) Overexposure to the ultraviolet

radiation produced by the tanning devices used in the tanning facility causes burns; (c) Repeated exposure to the ultraviolet

radiation produced by the tanning devices used in the tanning facility may cause premature aging of the skin or skin cancer,

or both; (d) Abnormal skin sensitivity to ultraviolet radiation or burning may be caused by certain foods, cosmetics, and

medication. The medication includes, but is not limited to, all of the following: (i) tranquilizers, (ii) diuretics, (iii)

antibiotics, (iv) high blood pressure medication, and (v) birth control medication; (e) An individual who is taking a

prescription drug or over-the-counter drug should consult a physician before using a tanning device; (f) An individual that

suffers an injury while using a tanning device at a tanning facility must report the injury to the owner or operator of the

tanning facility; (g) Any skin-related treatment involving microdermabrasion, including, but not limited to, facials, waxing,

or skin peels, may cause abnormal sensitivity to ultraviolet radiation. You will be required to review this disclosure and sign

an acknowledgment of having read this disclosure at least once each year. You agree to abide by all such tanning restrictions.

d. Membership Freeze: Your membership can be frozen for verified medical reasons only at time of illness, injury

or medical condition. Your freeze will be limited to the time indicated as necessary by your physician, up to a maximum of

three (3) months. Your monthly dues will be automatically reinstated at the end of your freeze and billed to the account on

file with Fitness Plus unless you cancel your membership, or you are approved for a longer freeze. Please note that you will

still be billed for your Annual Maintenance Fee when it is due, even if your account is frozen.

e. Non-Discrimination: It is the policy of Fitness Plus not to discriminate against any person on the basis of race,

national origin, ancestry, color, creed, religion, sex, sexual orientation, age or disability.

f. Changes to Membership Agreement: Fitness Plus may, from time to time, make changes to this agreement, other

than to your guaranteed Monthly Membership Fee. Such revisions shall, unless otherwise stated, be effective immediately.

Your continued use of Fitness Plus’ facilities and/or services shall constitute acceptance of these changes.

g. Dispute Resolution: In the unlikely event that Fitness Plus is unable to resolve a complaint you may have to your

satisfaction (or is unable to resolve a dispute with you after attempting to do so informally), we each agree to resolve such

disputes in a state court located in La Porte County, Indiana or a federal court in the northern district of Indiana, as

applicable.

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4) Rules & Regulations. Rules & Regulations. Fitness Plus may, in its sole discretion, modify the policies and any club rule

without notice at any time. All signs posted in the gym or on the premises and any verbal communication from Fitness Plus

shall be considered a part of the club rules. Member agrees to follow all club policies and rules, including, but not limited to,

hours of operation, proper use of equipment and facilities, personal hygiene, attire and workout towel. When using equipment,

free weights, dumbbells etc. items must be returned to proper location after use. Slamming/ Dropping weight is prohibited. A

mandatory workout towel is required at all times and equipment used must be wiped off with disinfectant spray after use.

Fitness Plus reserves the right, in its sole discretion, to terminate your membership at any time, effective immediately, for

violation of any membership policy or club rule.

a. All members must sign waiver and or have current active membership. A $30.00 fine will be imposed on members

account if member is caught bringing in non- member to the gym without consulting employee during Fitness Plus

business hours and or shares key fob to allow non-member to enter club after business hours. Non-Members are not

allowed in club until signing up for a membership and signing a release and liability form.

5) Dress Code. Fitness Plus strives to provide a safe and comfortable environment for all members. As such, Fitness Plus

management and staff may enforce, and you agree to abide by, a dress code in all areas of the club. Clothing that may be

perceived as intimidating, revealing or offensive, as well as clothing that may present a safety hazard or damage equipment, is

not allowed.

6) Account Information Notifications. Fitness Plus may contact you via telephone, email, text message or other means from time

to time for the purpose of notifying you of issues related to your membership or billing information or for automatic payment

processing issues. By providing us with your contact information and signing this agreement, you give your prior express

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written consent to receive membership and billing-related communications from us or our authorized delegate to the extent

permitted by applicable law, including without limitation the Telephone Consumer Protection Act and the Fair Debt Collection

Practices Act.

7) Facilities & Services.

a. Fitness Plus reserves the right at any time to remove, discontinue, repair or replace the equipment

available to members without any effect on this agreement. Fitness Plus also reserves the right to make changes to the type

or quantity of equipment, programs or services offered to members and to alter the hours of operation in Fitness Plus’ sole

discretion. You acknowledge and agree that the equipment, programs and services currently available at the facility are

subject to change from time to time and are offered on a “first come, first served basis.”

b. Fitness Plus regularly closes its facilities (or portions of its facilities) for maintenance on a temporary

basis and also closes on selected holidays, etc. and such temporary closures will have no effect on this agreement so long

as such temporary closures are reasonable. If your home club is permanently closed, moved or sold, Fitness Plus reserves

the right to assign and transfer your membership to another club in accordance with your rights under applicable law.

8) Dues, Fees, Charges & Taxes.

c. Payment Authorization. You have full control over the payment authorization and can stop it at any time

by notifying Fitness Plus as set forth on the front page of this agreement. You are responsible for notifying your bank or

credit card company of any error that appears on your statement in a timely manner. You must notify Fitness Plus within

sixty (60) days of a claimed error on your statement.

d. Charges & Taxes: Fitness Plus has the right to add to your prepaid dues or to your monthly dues any

applicable tax imposed by the government as well as any utility charges or surcharges related to the facility.

9) Cancellation Rights (Buyer’s Rights). You may cancel this transaction in writing any time prior to midnight of the third

business day after this transaction.

10) Limitation of Liability. Unless controlling legal authority requires otherwise, any award by an arbitrator or court is limited to

actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special,

incidental, consequential or punitive damages, even if one party told the other party that they might suffer these damages.

11) Pre-Paid Memberships. Pre-Paid Memberships are Non-transferable & Non-Refundable.