The undersigned (“Member”) desires to become a member of Absolute Fitness, LLC (“Absolute Fitness”), and agrees to the following terms and conditions:

1. PAYMENT OF MEMBERSHIP FEES: All payments to Absolute Fitness are final and can be made by one of the following options:

   • Cash or check: Membership, plus tax. Checks made payable to Absolute Fitness, LLC. Due on the first of the month.

   • Monthly Manual Credit Card: Member responsible for payment at the front desk or through the Absolute Fitness App on the first of the month. Membership, plus tax.

   • Monthly Automatic Payment by Credit Card: Should member select the monthly auto-payment option, member agrees to pay the then-current monthly membership fee plus applicable taxes, each month thereafter through automatic withdrawals from an account maintained by Member in a financial institution. Please fill out credit card information at the bottom of the form.

   Absolute Fitness reserves the right to increase membership fees a maximum of 5% per year with a maximum of 10% every 3 years.

2. TERM: All memberships of Absolute Fitness are drop-in or month-to-month and payments are due in advance. Automatic drafts will not be canceled without thirty (30) days written notice, either by certified mail, hand-delivery to the management of Absolute Fitness, or by electronic means (i.e., email). No refunds will apply and discontinuation of this form of payment does not release you from your payment obligation.

3. DEFAULT/REMEDIES: Any monthly payment received more than ten (10) days after the due date shall be subject to a late charge of ten percent (10%) of the amount due or Twenty Dollars ($20.00), whichever is greater.

4. PERSONAL TRAINING: Absolute Fitness has a limited number of independent contractors who are authorized to provide personal training within the facility. Should a member wish to make arrangements for personal training with one of the independent contractors, such arrangement shall be solely and exclusively between Member and the Independent Contractor. Absolute Fitness is not a party to any arrangement between members of Absolute Fitness and independent Contractors for personal training. Absolute Fitness shall not be liable in any way for results or lack of results obtained from any personal training arrangement activities between its members and independent contractors. All releases and waivers of liability as outlined in Section 6 herein apply to any and all fitness activities in which Member engages, regardless of any arrangement between Member and independent Contractors for personal training. Any introduction(s) by Absolute Fitness of an Independent Contractor who is a personal trainer to Member shall not be considered by Member to be an endorsement of the trainer by Absolute Fitness. No member of Absolute Fitness who is a personal trainer shall represent himself or herself to be an employee or an affiliate of Absolute Fitness in any way other than as a member of the Facility.

5. RELEASE AND WAIVER OF LIABILITY: Member recognizes that there are hazards and risks connected with physical fitness training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain, and bruising of joints. Exercise beyond one’s physical limits and/or accidents involving exercise equipment may result in serious injury or even death. Member agrees to defend, indemnify, and hold harmless Absolute Fitness against any loss, damage, or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or intentional action of Member. Member further agrees to release Absolute Fitness and its owners, officers, agents, employees, and/or affiliates from any and all liability arising out of injury to Member, and further agrees to defend, indemnify, and hold Absolute Fitness, its owners, officers, employees, and/or affiliates free and harmless from and against the same. Members acknowledge that surveillance cameras are in use for the protection of the Facility, its equipment, and its members. Member hereby consents to being photographed and/or recorded for such purposes.

6. RULES AND REGULATIONS: Member acknowledges that Absolute Fitness operates under rules and regulations established for the safety and protection of its members and agrees to be bound by such rules and regulations, as well as by the rules and regulations subsequently approved and posted or otherwise published by Absolute Fitness.

7. PROHIBITED ACTIVITIES: Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. Member agrees not to use the Facility or engage in any activity at Absolute Fitness while under the influence of drugs, alcohol, or medication that may impair Member’s ability to operate the equipment. No weapons of any kind are allowed. No photography, videotaping, filming, or audio recording is permitted within the Facility without the expressed written consent of Absolute Fitness management.