TERMS & CONDITIONS

ABC FITNESS

REQUEST FOR PREAUTHORIZED PAYMENT

We hereby request the privilege of paying to ABC Fitness Solutions, LLC (“The Company”), Sherwood, AR 72124, and further authorize the Company to draw items (checks, electronic fund transfers, charge card) for the purpose of paying said payments, including any late fees or service fees, on the account listed above. Subject to the following conditions:
1. The items outlined ni Your Membership Agreement (monthly dues, annual fees, enrollment fees, etc.) shall be drawn on or about the date or dates set forth in the Membership Agreement. By signing below, You authorize the Company to draft via EFT said amounts from the account or card identified herein. The transactions
on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
2. One-Time Transfers: When You provide a check as payment, You authorize the Company either to use information from Your check to make a one-time EFT from Your account or to process the payment as a check transaction. When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.
3. fI the regular payments set forth in the Membership Agreement should vary in amount, You are entitled to notice at least 10 days before each payment of when ti will be made and how much it will be. However, by executing this preauthorization, You choose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment You have made.

By executing this Agreement, You acknowledge Your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for Your review at the Company’s website: www.abcfitness.com under
Terms of Service.
The privilege of making EFT payments under this arrangement may be revoked by the Company fi any item is not paid upon presentation.
If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement.
If any payment is not paid upon presentation to Your bank or credit/debit card company for any reason, a service fee wil be assessed and drafted. Alate fee will be assessed and drafted should any monthly payment become past due.
By executing this Agreement, You authorize Club and Club’s agents, including its third party payment processing companies (“Club’s Agents”), ot store the account or card information provided by You on or in relation to this Agreement and/or Your Club Membership Agreement (“Club Agreement”), as wel as any other account or card information provided by You through any means to Club or Club’s Agents (including information provided ni person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club Agreement (hereinafter, “Payment Information”). Club and/or Club’s Agents wil use the stored Payment Information to process payment of al dues, fees, taxes, purchases and incidental charges that are due or wil become due, including al items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. Club and/or Club’s Agents may also use the stored Payment Information to process payments owed in relation to all subsequent Agreements entered between You and Club. The fixed dates or intervals on which transactions wil be processed and the transaction amounts (including al associated fees, taxes, and charges) and/or a description of how they wil be calculated are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club Agreement wil automatically renew at
the end of the Term defined therein, the stored Payment Information wil be used to process payments owed in relation to the renewal term. This consent to store

i. IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, IF THIS HEALTH CLUB CEASES OPERATION AND FAILS TO OFFER YOU (THE
BUYER) AN ALTERNATE LOCATION WITHIN FIFTEEN (15) MILES, WITH NO ADDITIONAL COST TO YOU, THEN NO FURTHER PAYMENTS SHALLBE DUE TO ANYONE, INCLUDING ANY PURCHASER OF ANY NOTE ASSOCIATED WITH OR CONTAINED IN THIS CONTRACT.
i. STATE LAW REQUIRES THAT ANY HEALTH CLUB AGREEMENT THAT IS NOT CANCELLABLE ON THIRTY (30) DAYS’ NOTICE OR LESS BE
PAYABLE ONLY IN THE FOLLOWING MANNER, AND ANY HEALTH CLUB THAT ENTERS INTO HEALTH CLUB AGREEMENTS SHALL OFFER BOTH
PAYMENT OPTIONS AT THE SAME PRICE, EXCLUDING INTEREST OR FINANCE CHARGES OR OTHER EQUIVALENT CHARGES THAT SHALL NOT
EXCEED EIGHTEEN PERCENT (18%) OF THE TOTAL CONTRACT PRICE: (a) Full payment within ninety (90) days after entering into the health club agreement; or
(b) Equal monthly installments with any down payment (unless exempt as provided by law) limited to thirty percent (30%) of the total cost of the agreement. Prepayment is allowed at any time with full refund of unearned finance charges.
i. PLEASE READ THIS CONTRACTCAREFULLY.THISCONTRACTMAY CONTAIN PAYMENTS INCLUDING, BUT NOT LIMITED TO, ENROLLMENT FEES, ANNUAL FEES, MEMBERSHIP FEES, AND OTHER DIRECT PAYMENTS TO THE HEALTH CLUB, INCLUDING FULL PAYMENT FOR THE HEALTH CLUB AGREEMENT OR MONTHLY INSTALLMENT PAYMENTS WITH ANY
DOWN PAYMENT (UNLESS EXEMPT AS PROVIDED BY LAW) LIMITED TO THIRTY PERCENT (30%) OF THE TOTAL COST OF THE AGREEMENT, AND, IN THE CASE OF INSTALLMENT PAYMENTS THAT ARE NOT MADE BY
ELECTRONIC FUND TRANSFER OR CASH, AN ADMINISTRATIVE CHARGE, NOT TO EXCEED FIVE DOLLARS ($5.00) FOR EACH BILLING PERIOD. ALL SUCH PAYMENTS MUST BE DISCLOSED IN THE CONTRACT.
iv. THERE ARE NO AUTOMATIC OR LIFETIME RENEWALS OF THE TERM INCIDENT TO THE TERM OF THIS CONTRACT. IF THE HEALTH CLUB PROVIDES FOR A RENEWAL OPTION, THEN, UNLESS SUCH RENEWAL TERM IS CANCELLABLE ON THIRTY (30) DAYS’ NOTICE OR LESS, SUCH OPTION MUST BE AFFIRMATIVELY AGREED TO IN WRITING BY THE
BUYER AT THE BEGINNING OF THE RENEWAL PERIOD. IF THE HEALTH CLUB FACILITY IS LESS THAN OR EQUAL TO TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR
SEVENTY-FIVE DOLLARS ($75), WHICHEVER IS GREATER. HOWEVER, FI THE HEALTH CLUB FACILITY IS GREATER THAN TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT
OR ONE HUNDRED TWENTY-FIVE DOLLARS ($125), WHICHEVER IS GREATER. PAYMENT OF ANY RENEWAL SHALL BE MADE AS REQUIRED
BY TENNESSEE CODE ANNOTATED, SECTION 47-18-305(a)(5)(B)(ii).
V. A CONTRACT OR AGREEMENT MAY HAVE A CONTINUING PROVISION OR STIPULATION THAT PROVIDES FOR A MONTH-TO-MONTH CONTINUATION
OF THE INITIAL TERM OF THE AGREEMENT, PROVIDED THE BUYER HAS THE RIGHT TO CANCEL THE CONTINUING PORTION OF THE AGREEMENT
AFTER FULFILLING THE ORIGINAL TERM OF THE AGREEMENT BY TENDERING THIRTY (30) DAYS’WRITTEN NOTICE OF SUCH INTENT TO THE
OPERATOR BY REGISTERED MAIL. IF SUCH CONTRACTUAL OBLIGATION HAS A CONTINUING PROVISION OR STIPULATION AFTER A REQUIRED
INITIAL TERM OF MORE THAN TWO (2) MONTHS, NOTIFICATION MUST BE CEATOYTUEUCAITUOILIPAOCOATADT APANCIDMTUATTUEADICINAI

EXPIRATION OF THE RENEWAL RIGHT IN WHICH TO EXERCISE ANY RENEWAL RIGHT GRANTED TO THE BUYER UNDER THIS CONTRACT. THE OPERATOR SHALL HAVE THE RIGHT TO CHARGE A LATE PENALTY
OF UP TO TWENTY-FIVE DOLLARS ($25) IF THE RENEWAL RIGHTS ARE NOT EXERCISED ON OR BEFORE THE EXPIRATION DATE AS STIPULATED
IN THE AGREEMENT OR ANY FUTURE RENEWAL PERIODS.
30-Day Notice: Should you decide to cancel your gym membership, we require a minimum of 30 days’ notice prior to your desired cancellation date. This notice allows us to process your request and make necessary adjustments.
Cancellation Fee: In the event that you choose to cancel your gym membership prior ot the cessation of your 12 month contract, a cancellation fee of $300 wil be applied. We wil waive the cancellation fee if you provide verifiable documentation for any of the following scenarios:
Relocation: fI you’re relocating to an area 25 miles further from any Carbon Performance, providing proof of your new residence, such as a lease agreement or utility bill, wil qualify you for cancellation without the fee.
Medical Reasons: If you experience a medical condition that inhibits your ability to continue using our gym facilities, we will require a medical certificate or doctor’s note
as evidence. With proper verification, your membership wil be canceled without any fees.
Military Deployment: Should you be called for military deployment during your membership term, presenting official military orders wil exempt you from the cancellation fee.
ADDITIONAL TERMS AND CONDITIONS
1. MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled
to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic equipment and clothes. The MEMBER will be subject to additional charges
for and including, but not limited to, the use of towels, tennis courts, childcare, tanning beds, and martial arts classes.
2. MEMBER must present upon entering the club his/her membership card. MEMBER agrees that MEMBER may be denied access to the club without his/her membership card.
3. MEMBER agrees that at all times when MEMBER is using the facilities of the club, that MEMBER will strictly comply with al the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that ti is MEMBER’s responsibility to seek out and familiarize himself/herself with the rules and regulations, as they exist for use of the facility.
.4 fI MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the club may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the club with reasonable assurance of future compliance. During the period of any such
suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the club.
5. MEMBER agrees and understands that there are risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and death. For and in consideration of the use of the facilities, MEMBER agrees to release, discharge, and waive any Claim against the club and its owners, agents, employees and representatives from any and al damages, injuries or death resulting from the MEMBER’s use of the facilities including but not limited to the exercise and associated equipment oodethlotirforilitioe vorticinationinfitudodarnaromoondavarricodoccao

Arbitration. 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 city of your club location and state of your club location 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 orderto perform its obligation 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 CLUBARE
WAIVING THE RIGHT TO AJURY TRIAL OR TRIAL BEFOREA JUDGE IN A PUBLIC
COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS NI ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE
OR MEMBER OF ACLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. E-SIGN Consent. Certain laws and regulations may require Carbon Performance Nations LLC 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 Carbon Performance Nations LLC 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 al electronic Documents by contacting Carbon Performance Nations LLC 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 Carbon Performance Nations LLC 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 Carbon Performance Nations LLC and/or ABC
Fitness Solutions, LLC, and to promptly notify Carbon Performance Nations LLC and/or ABC Fitness Solutions, LLC, of any changes ot Member’s email address. fI 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 Carbon Performance Nations LLC and/or ABC Fitness Solutions, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (i) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (ii) an internet connection, (iv) software that
is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device fi Member desires to print any electronic Documents. Member acknowledges that ti 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 ni such a way that would create a material risk to Member to access the Documents electronically, then Carbon Performance Nations LLC and/or ABC Fitness Solutions, 116 willcotif.Momborfollouirecurbmetariolmodifiration Duraccontinathotorme