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Club & Membership Rules

MEMBERSHIP PRIVILEGES AND POLICIES:

1. Extreme Family Fitness urges all members to obtain a physical examination from their physicians prior to joining or the use of any exercise equipment, participating in any exercise activity/class. In recognition of the possible dangers connected with any physical activity, the buyer/member warrants and represents the member, or any family member or guest entitled to the use of the facilities under the terms of this mem­bership, is 18 years of age or older, in good health, has no disability, impairment or ailment preventing such person from safely engaging in active or passive exercise that would be detrimental to such person’s health, safety, or physical condition, or to the safety or health of other members of Extreme Family Fitness. If such person does engage in or participate in such exercise the member acknowledges and agrees (1) that Extreme Family Fitness will rely on the foregoing warranty in issuing this membership (2) that Extreme Family Fitness shall have no obliga­tion to perform fitness assessments or similar testing to determine that member’s physical condition (3) that if any fitness assessment or similar testing is performed by Extreme Family Fitness it is solely for the purpose of providing comparative data with which the member can chart his/her progress in a program, and is not for diagnostic purposes and (4) that Family Fitness Center shall not be subject to any claim, demand, injury or damage whatsoever on account of Extreme Family Fitness evaluation or interpretation of such fitness assessment or similar testing.

2. A usage fee will be charged separately for additional services/activities that Extreme Family Fitness may be offered (childcare classes, etc.)

3. Membership fees are due on the 5th or 15th day of every month. Balances that are past due are subject to a service charge and membership privileges could be suspended. Membership privileges will be terminated for accounts more than ninety (90) days delinquent. Upon termination of membership, re-joining will be at the discretion of Extreme Family Fitness and will be subject to current initiation fees/membership rates.

4. Lost Membership Entry Tags must be reported immediately to Extreme Family Fitness and will be subject to a $25 reactivation fee per Tag.

5. Monthly rates and all policies stated herein are subject to change. Such change will be preceded by a minimum or thirty (30) day notice in writing to all members.

6. Each member of Extreme Family Fitness understands and agrees to be liable for any and all property damage and/or personal injury caused by the member or the member’s family or guest at Extreme Family Fitness, or any activity or function operated, arranged or sponsored by Extreme Family Fitness. The use of Extreme Family Fitness facilities, equipment, programs, activities, privilege, service, contest, game, func­tion, exercise, competition, or any other activity operated, organized, or sponsored by Extreme shall be at such member’s, member’s family or guest’s own risk, and Extreme Family Fitness shall not be liable for any injuries, damage or loss.

7. Member, member’s family and guests agree to follow club rules. Any conduct by a member, member’s family or guest which interferes with the use, safety or enjoyment of the club, or interferes with normal usage and efficient operation of the facility and its equipment, or attempts to prevent normal business operation, is strictly prohibited. Member’s, member’s family or guest’s violation of these rules may be the cause of suspension or expulsion; the member shall not be relieved of his/her responsibility to pay in full the fees and dues required to be paid hereunder.

8. All members must have and swipe a Membership Entry Tag. Members without proper identification may be refused admittance. The manage­ment reserves the right to request additional identification periodically to prevent non-members from using the facility.

9. Extreme Family Fitness will provide access to the building using a keyless entry system and/or will be open 24/7. Member(s) acknowledge that use of the Membership Entry Tag/Pin# by someone else will result in the loss of membership.

10. Member(s) acknowledge that supervision is not provided at Extreme Family Fitness, Children under the age of 15 must be supervised by parent(s) or legal guardian at all times. Children ages 15-17 are only permitted in the fitness center during staffed hours.

11. Members are urged to avoid bringing valuables onto the premises. Extreme Family Fitness, its affiliates, agents or employees, shall not be liable for the loss, theft, or damages to the personal property of members or guests.

12. Appropriate fitness attire must be worn in Fitness area. No cutoffs or jeans, boots or open-toed shoes can be worn on the workout floor.

13. I agree to allow Extreme to take photographs while I am at the facility and/or taking classes and use those photographs for advertising with no intention of receiving any compensation in return.

14. This contract shall be enforced and interpreted pursuant to the laws of the State of West Virginia and may be canceled or altered by Extreme Family Fitness at Any Time.

15. By purchasing sessions a member is making a commitment to his/her health. Members should follow the program and instructions of the Trainer to the best of their ability to maximize their results and better achieve their goals and remember the ultimate results are up to the member. The trainer can show the member how to work his/her muscles correctly and encourage him/her to go to their safe limit, eat properly, gets plenty of sleep, and live a healthy lifestyle. Ultimately the result is determined by the member not by the Trainer.

WAIVER AND RELEASE OF LIABILITY AND INDEMNITY

You (Buyer, each member and all guests) agree that if you engage in any physical exercise or activity or on the Extreme Family Fitness premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any club facility on the premises. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or other­wise), the locker room, sidewalk, parking lot, lobby area, child-care area, tanning rooms, or any equipment at Extreme Family Fitness. Member agrees to assume the risk in his/her participation in any activity, exercise, class, program, instruction or Extreme Family Fitness sponsored event. Member agrees that he/she is voluntarily participating in the afore mentioned activities and using Extreme Family Fitness facilities and premises and assumes all risk of injury, illness, damage and loss to you or property that might result, including, without limitation any loss or theft to personal property. You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, successors and assigns) from any and all claims or causes of action (known or unknown) arising out of negligence of Extreme Family Fitness, whether active or passive, or any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes without limitation inju­ries which may occur as a result of (a) your use of exercise equipment or facilities which may malfunction or break, (b) Extreme Family Fitness’ improper maintenance of any exercise equipment or facilities, (c) Extreme Family Fitness’ negligent instruction or supervision, including personal training, and (d) you slipping and falling while in the facility or any portion of the premises for any reason, including Extreme Family Fitness’ negligent inspection or maintenance of the facility or premises. By execution of this agreement, you hereby agree to indemnify and hold harmless Extreme Family Fitness from any loss, liability, damage, or cost that may incur due to your presence at Extreme Family Fitness. You further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as permitted by law in the State of West Vir­ginia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST EXTREME FAMILY FITNESS FOR ITS, NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS, PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE, AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENT, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.

NOTICE TO MEMBER:

If you wish to cancel this contract, you may do so 30 days prior to its expiration or within 2 days of signing. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed by certified mail, return receipt requested to the following address: Extreme Family Fitness Martinsburg 329 Monroe St. Martinsburg, WV 25404. If cancelled within two business days, you will be entitled to all monies paid. You may also cancel this contract if this facility goes out of business or relocates and fails to provide comparable alternate facilities within ten miles of the location designated in this contract. If you become totally and permanently disabled after the date this contract takes effect, you, may cancel this contract and receive a partial refund of your unused membership fee by mailing a notice to Extreme certified mail to the following address: Extreme Family Fitness Martinsburg 329 Monroe St. Martinsburg, WV 25404.

TWO (2) DAY RIGHT OF RESCISSION, IN WRITING:

If the member wishes to cancel his/her contract with Extreme Family Fitness LLC, the member may cancel the contract with a written notice stating the desire to cancel within 48 hours of contract acceptance date. The written notice must be delivered, or mailed, to Extreme Family Fitness 329 Monroe St. Martinsburg, WV 25404.

Extreme Family Fitness LLC reserves the right to cancel any contract within 48 hours of signing if said contract is determined to be fraudulent, not customary, improper, and/or not within the basic scope of businesses practices.

BUYOUT OPTION:

Members, who wish to end the membership contract prior to the completion of the full term of the minimum contract membership & payment re­quirement, may do so with advanced written notice. A buyout fee will be assessed at the prevailing monthly Fee/Dues multiplied by the number of months remaining to be paid on the contract.

NOTICE OF DUES RENEWAL:

Provided that the member is not in default of this agreement and subject to the terms and conditions hereof, the monthly dues will renew au­tomatically according to the initial terms of the agreement. Cancellation of the Term Renewal can be done by giving written notice 30 days prior to the expiration date. It must be delivered to Extreme Family Fitness 329 Monroe St. Martinsburg WV 25404 or by sending by certified mail, return receipt requested.

Subject to applicable law, Member agrees that ABC Financial Services, Inc. may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, ABC Financial.

FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FINANCIAL AT: 1-888-827-9262. abcfinancial.com

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