TERMS ON RECEIVING MY AGREEMENT

As a member I agree to and/or understand that:

• I have the right to receive a paper copy of my Membership Agreement ("Agreement"), but am opting out of this option and affirmatively consent to receive an electronic copy of my Agreement at no charge or cost to me;
• I have the right to revoke this consent at any time in person at my home club or with written notice sent by mail to my home club;
• This consent is valid for the duration of my membership and applies to all membership-related documents;
• I may print a PDF copy or request a paper copy of my Agreement at any time by inquiring at the front desk of my home club; and
• I have the ability to access email through a web browser or application, and open a PDF using a desktop application, mobile application, or web browser so that I can access my Agreement electronically.

MEMBERSHIP TERMS AND CONDITIONS

As a member I agree to and/or understand that:

Membership Structure

• I am entering into either a 12-month or month-to-month contract based on my plan selection.
• Fees, promotions, and amenities may vary by club and membership type.
• An enhancement fee of $69.99 + tax is charged approximately 14 days after enrollment and annually on the anniversary of the enrollment date. Please note that for Family Add-On plans, this fee is waived for the second and third additional members, though it remains applicable to the primary and first additional member.
• After the annual contract expires, my membership rate will increase by $5/month and will continue for successive 30-day periods until written notice of termination of said agreement is received by ABC Financial Solutions, LLC. Refer to Cancellation Policy below.

To the best of my knowledge, I do not have any physical limitations that would prevent me from participating in said program. I also understand that I participate in said program entirely at my own risk. I accept full responsibility for my use of any and all apparatus, appliances, facilities, privilege or service whatsoever, owned and operated by this club at my own risk and shall hold this club, its shareholders, directors, officers, employees, representatives, and agents harmless from any and all loss, claim, injury, damage, or liability sustained or incurred by me resulting therefrom.

Cancellation Policy

If you wish to cancel this contract, you may do so by mailing a written notice by certified or registered mail to the address specified below or email [email protected]. The notice must say that you do not wish to be bound by this contract and must be delivered or mailed before the third business day after you agreed to these terms and conditions. Written notice must be mailed by certified mail to:

ABC Financial Solutions, LLC., PO Box 6800, Sherwood AR 72124.

You may also cancel this contract if you relocate your residence further than 15 miles from any health club operated by the seller or from any other substantially similar health club which would accept the obligation of the seller. This contract may also be cancelled if you die, or if the health club ceases operation at the location where you entered into this contract.

If you become disabled, you shall have the option of:

1. Being relieved of liability for payment on that portion of the contract term for which you are disabled.

Or

2. Extending the duration of the original contract at no cost to you for a period equal to the duration of the disability.

You must prove such disability by a doctor's certificate, which certificate shall be enclosed with the written notice of disability sent to the health club. The health club may require that you be examined by another physician agreeable to you and the health club at its expense. If you cancel, the health club may keep or collect an amount equal to the fair market value of the services or use of the facilities you have already received.

Family Plan

The Primary member on a family membership plan may cancel their agreement and all agreements attached to their account, based on the terms above. The Primary may also cancel and their agreement be rewritten to one of the Additional members already attached to their account, as long as there are at least two members total (one Primary + one Additional) remaining on the account. Additional members can only be cancelled by the Primary member.

E-SIGN Consent

Certain laws and regulations may require The Edge Fitness and/or ABC Fitness Solutions, 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 The Edge Fitness and/or ABC Fitness Solutions, 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 The Edge Fitness and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of The Edge Fitness and/or ABC Fitness Solutions, 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 The Edge Fitness and/or ABC Fitness Solutions, LLC, and to promptly notify The Edge Fitness and/or ABC Fitness Solutions, 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 The Edge Fitness and/or ABC Fitness Solutions, LLC.

To access, view and receive the Documents electronically, Member agrees and acknowledges that they must have:

• A computer, mobile device, tablet or smartphone
• A version of internet browser software that is up-to-date and supported by Member's electronic device
• An internet connection
• Software capable of accurately reading and displaying electronic PDF files
• A computer or electronic device operating system capable of supporting the items above
• A printer or electronic storage device if Member desires to print any electronic Documents

Member acknowledges that they 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 The Edge Fitness and/or ABC Fitness Solutions, 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 The Edge Fitness and/or ABC Fitness Solutions, LLC.

Membership Rules and Regulations

In order to provide a quality fitness environment that will be clean, safe and pleasant to all members, the following guidelines must be adhered to when in the facility. Violation of any rules below may result in loss of membership privileges.

Amending of Rules

We reserve the right to change or add to these rules and to adopt new ones, as we may feel necessary for proper management of the club. Rules will be posted in the club at all times.

Class Registration

Class registration is required prior to attending any group exercise or spinning class. Members with the appropriate membership type may register on the Edge App or on our website in accordance with our class registration policies.

Attire

Wear appropriate workout attire including shirts, and rubber soled shoes. You should wear an absorbent top to keep equipment free of perspiration and maintain sanitary conditions. There are no jeans, work-boots, or open-toed shoes allowed on workout floor. Shoes are required at all times. Club management has the right to refuse entry to the building for attire violations.

Edge Kids

The Edge Kids room is open at specific hours for your convenience. Children ages 12 weeks through 12 years of age are allowed in clubs only during hours when Edge Kids is open and children are only allowed in the Edge Kids room and not in locker rooms or other areas of the club. All children attending Edge Kids must follow directions and conduct themselves in a manner that is not disruptive to other children. If attendant cannot control a child, the Club is not obligated to accept the child for Edge Kids care. The club can refuse admittance to Edge Kids for any child who is or appears to be sick. Please refer to current posted policies regarding Edge Kids rules and fees.

Children

Edge Fitness Clubs does not provide memberships for children under the age of 13 years. By law, minors are not eligible for membership without parental consent. Children under 13 years of age are not permitted anywhere on the fitness floor except the Edge Kids room (where available). Members or guests that are 13 and 14 years of age must be accompanied by a parent or legal guardian at all times while using the facility. The Edge Fitness Clubs recommends that any minor ages 15-17 be accompanied by a parent or legal guardian at all times while using the facility.

Cell Phone Policy

For the overall enjoyment of others, cell phones may not be used for telephone calls while on the workout floor or during classes. Cell phone use of any kind is not permitted while on a piece of equipment or in the locker rooms. Taking pictures or videos of other members without their direct consent is strictly prohibited.

Check-In

Members are required to scan their membership barcode every time they check-in. No exceptions. Member associated with this agreement must have photo on account profile for identification upon entry. Memberships may not be shared with any other person. Barcodes and scan tags associated with the membership may not be shared.

Tanning

We prohibit the use of tanning equipment for any person under the age of 18 years. Members who tan may only do so once in a 24 hour period.

Drinks

Coffee and shakes are not permitted in any area of the club except juice bar. Covered bottles are permitted in all other areas of the facility. All products must be paid for at the front desk prior to use.

Equipment

All equipment (including dumbbells and weights) must be returned to the appropriate location after use. Use the appropriate amount of weight so that you do not bounce, slam or drop the weights. No abuse of the equipment of facility will be tolerated. The use of chalk is prohibited.

Floor Etiquette

It is recommended that all members complete a fitness assessment with an Edge certified personal trainer. In-between sets, please remove yourself from the equipment until your next set so that other members may work in with you. Please do not rest on the equipment in-between sets. Cell phone use of any kind is not permitted while on a piece of equipment. Please wipe down equipment after use.

Guest Privileges

Any member is welcome to bring a local guest for one complimentary workout. Each individual local guest may only attend one time every six months (does not apply to Unlimited Guests of Edge Total members). All local guests must be state residents (ID required) of the club you are visiting. Valid photo ID must be held at the front desk for a guest's first visit. Members or guests that are 13-14 years of age must be accompanied by a parent or legal guardian at all times while using the facility. The Edge Fitness Clubs recommends that any minor ages 15-17 be accompanied by a parent or legal guardian at all times while using the facility. Out of state guests may pay a daily fee to work out with you, with proper ID. Any person under the age of 18 is not eligible for online membership. Please visit the club with a Guardian or Parent to join!

Unlimited Guests

Edge Total membership holders may bring one guest per visit. The member must be present with the guest at check-in and throughout the workout period. All guests are required to sign into the club at the front desk every visit. Guests will have access to the fitness floor and locker rooms only and guests must abide by all club rules and regulations. Members who have an agreement that has been returned for collections due to non-payment may not use any Edge facility as a guest until rectified. Age restrictions listed in Guest Privileges above apply to Unlimited Guests of Edge Total members.

Management

Management of the club may suspend or cancel the rights, privileges, or membership of any club member whose actions are detrimental to the enjoyment of the facilities by other members or any conduct which in the opinion of the management is prejudicial to welfare, good order, and character of the club. Any inappropriate behavior, i.e. profanity or yelling, incidental to the enjoyment of the club by other members may result in membership termination without a refund and initial fees shall be forfeited. Management has the right to deny entry and/or cancel any membership for non-payment of their membership account balance. For the safety of members and staff, security surveillance may be in use.

Personal Property

The Edge is not responsible for damage, loss or theft of any personal property in the club or parking lot. Lockers may be used for daily use only. Locks which remain on lockers overnight will be cut off and contents discarded.

Solicitations

No solicitation by members or guests permitted in the facility unless approved by the club management. No unauthorized personal training permitted.

Transferability

The member's promissory note may be discounted or sold to third parties to whom the member will become obligated to make a payment in full. Paid in full memberships are not transferable.

Freeze Policy

Members who have fulfilled their membership agreement terms or have pre-paid for a yearly membership in full may freeze their membership for any reason at any time for up to 3 months per year at no cost with 30 days' notice. Members who are still within a one-year or two-year contractual period may freeze their membership for medical or Military purposes only. At the time of a medical freeze request, a doctor's note must be provided stating the reason for freeze and duration. Freezes cannot be backdated. Any freeze periods during an initial contractual term will be added to the term of the contract. An initial medical freeze may be granted for up to three months, and an additional doctor's note may be required to extend the freeze beyond the three-month period. Military freezes require government-issued proof and length of deployment. Memberships may not be frozen for school purposes or traveling out of the area while in contract. Email our billing partner, ABC Financial Services at [email protected] or call 888-827-9262 to request a freeze.

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 The Edge Fitness and ABC Fitness Solutions, LLC, including its agents, affiliates, and vendors, not limited to its debt collection agencies or attorneys, 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 The Edge Fitness and/or ABC Fitness Solutions, LLC. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.

Sauna

Where available, members must adhere to all sauna rules and regulations posted outside of the room. Tampering with heating equipment including use of water or any other liquids is strictly prohibited.

Additional Terms

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.

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 home club city and Delaware 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 Fitness Solutions, 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.

LIST OF EQUIPMENT AND SERVICES

Equipment: Strength, Cardio, Circuit, Pilates

Services: Instructor-led Group Exercise, Personal Training