EFTA00525447.pdf

New Membership Orientation Member Name: Membership: Keep Fit: All Ultra Sport Clubs (monthly payment) Access Clubs: All Fit-Lite, Express Clubs, Active Clubs, Sport Clubs, Super -Sport Clubs and Ultra-Sport Clubs Welcome to 24 Hour Fitnessl OFITnESS We want you to get the most out of your membership, and to inform you of some key points about your agreement and get you started! Your Membership Packet Includes: - A copy of your Membership Agreement - A copy of the Membership Policies Club Access: You have selected the club access level and type of membership that's right for you. Asa reminder, club access depends on level and type of membership purchased. 'Club of EnrollmentliOne-Clubs memberships allow you access to the one club only. 'All-Club' memberships allow you access to all clubs at the same level, as well as those at lower level(s). 24 Hour Fitness has 4 levels of clubs: - Ultra (highest level) - Super-Sport - Sport - Active/Express/FitLite (lowest level) For example, if you purchase an All-Club Sport membership, you have access to any Sport level club, as well as Active/Express/FitLite clubs. Asa 24 How Fitness member, you now have access to the following resources: - A complimentary fitness orientation to get you started. - Fitness Exercise Guidelines to help you set your goals. - The ability to purchase personal training sessions to help you meet your fitness goals. - Group Exercise classes, for a motivating environment to help you stay on track with your fitness routine. - My24 rm Online to help you access your billing information, make payments, track your club visits, track your personal training sessions and much more. - Fit:Perks(?) program to provide you discounts from our partners. - The Magazine (www.24hourfenessimagazine), which is packed with information to help you live a healthy lifestyle. - Easy Pay to enable you to make purchases in the club using your membership number or Cardless Check-In ID and a PIN. - Affordable Kids' Club which offers a supervised place to leave your child while you work out. For more information, please talk with a team member in your club or go to 24hourfitness.com/1424. If you also purchased personal training sessions, please note the following: - All personal training sessions must be completed within 6 months from date of purchase -Your trainer may change during the course your training agreement - If you need to re-schedule a fitness appointment, 24 hour notice is required For each workout, al members must: (1) Check in at the front desk You can enroll in the Cardless Check-in system to allow you to access the club with a finger scan and a check-in code instead of having to bring a membership card and Photo ID with you. If you do not wish to enroll in the Cardless Check- in system, you will need to bring in a government-issued photo ID to check into the club each time you workout. (2) Bring a workout towel and a lock for the locker room. 'Membership Freeze' Rules You can freeze your membership a minimum of 3 months and 6 months maximum upon proof of the following: - Medical reasons - Military service (no min/max) - Temporary job transfer - Extended volunteer service Please see your Membership Policies for more information. Cancellation Information: 3 Day Cancellation Right: You are entitled to a 3 business day period (3 day period) to notify 24 Hour Fitness that you wish to cancel your agreement and receive a full refund. Please see '..Buyers Right to Cancel...' section on page 1 of your agreement for more details. After the 3 Day Period: You can cancel your membership by providing written notice to the following address: 24 Hour Fitness, Attention: Processing Dept., P.O. Box 787, Carlsbad, CA 92018. You can also visit or call any 24 Hour Fitness club, or call our Member Services department at 1 Upon receipt of your request to cancel your membership, 24 Hour Fitness will apply your last month's dues; your club access and membership will end after your paid period ends, which includes any remaining paid days and last month's dues. Please review Section 6 on page 4 of your agreement for more details. Dues Increase: - Monthly dues may only be increased a maximum of 5%, once per calendar year - No increase within the first 12 months of your membership; if you have a Loyalty Rewards Monthly Payment Membership, no increases within the first 24 months of your membership. Please see Section 3 on page 3 of your agreement for more details. 24HR-V.07.12 EFTA00525447 Member#: Member Name: Membership Policies MEMBERSHIP POLICIES & CLUB RULES (USE OF 24 HOUR FACIUT1ES 24 Hour designed the Membership Pobcies ('Policies") and the club rules, including Availability of Facilities: 24 Hour facilities or services, including but not limited to, rules listed here and rules posted in clubs ("Rules") to ensure a safer and more classes, equipment, babysitting, basketball, saunas, whirlpools or pools may have enjoyable environment in which to exercise. So, please be thoughtful and observe limited hours, be discontinued altogether at anytime, or be offered on a "first come first the Policies and Rules that you, and all members, have agreed to follow. 24 Hour serve' basis. 24 Hour reserves the right to charge a separate participation or may, in its sole discretion, modify the Policies and Rules without notice at any time. reservation fee for any or all of these facilities or services. Use of 24 Hour facilities or It's your responsibility to know and follow the most current Policies and Rules. All services are authorized and limited pursuant to your membership agreement approved signs posted in a club or on the premises shall be considered a part of the Conflicts Regarding Use: Please don't linger on the equipment because other Policies and Rules of 24 Hour. members may want to use it No member should monopolize the equipment or weights. The following Polices and Rules replace all previous Policies and Rules. If there is If there is a sign-up list for the use of the equipment and a maximum time limit on its any conflict between these Policies and the posted club Rules, these Policies and use then the directions for the use of the sign-up list are part of the club Rules and 24 Rules apply. The current Policies and Rules are also available on the 24 Hour Hour expects all the members to follow them. In short, observe gym etiquette. If there website at http•J/www.24hourfitness.com/membership/member_policies/. is a conflict over use, let 24 Hour management resolve it EOUAL OPPORTUNITY POLICY STATEMENT Sports Courts & Specially Classes: 24 Hour has specific procedures and Rules and 24 Hour seeks, enrolls and maintains memberships without regard to race, religious may charge you for the use of the sports courts and special classes. Please see the creed, color, national origin, ancestry, physical disability, mental disability, medical front desk or read the posted information for these activities. condition, marital status, sex, sexual orientation or age. It is further club policy that Pool, Whirlpool, Sauna & Steam room:24 Hour requires you to shower before using no circumstance or conduct undertaken by club personnel shall have the effect of the pool, whirlpool, sauna or steam room. There are only lifeguards on duty at a few 24 discrimination on the basis of any of the aforementioned classifications. All club Hour facilities. Check clubs for further details. The use of the pool, whirlpool, sauna or members shall have full and equal access to the club facility. All members with steam room are at your risk. While using the pool, you cannot jump lanes, dive or disabilities shall be entitled to reasonable accommodations for their physical and engage in horseplay. Lap swimmers have priority over casual swimmers. You must mental impairments. Any member who believes that he/she is/has been treated also follow the specific Rules that certain 24 Hour clubs post regarding the use of the unfairly on any of the aforementioned matters should first report to club pools• whirlpools, saunas, and/or steam rooms in 24 Hour facilities. management or to 24 Hour at 1 Weights & Other Equipment There are specific Rules posted regarding the use of the PERSONAL INFORMATION AND PRIVACY weights and other equipment in 24 Hour facilities. As a courtesy, please replace the Please consult our Privacy Policies for a description of our practices with respect to weights on the rack after you use them and wipe off any benches after your use. collection, sharing and privacy of your personal information. Both our Website No Sdidtatioix 24 Hour facilities are provided for the private use of club members only Privacy Policy (covering information we collect through our website) and our general and are not open to the public. Any solicitation within any club is absolutely forbidden. Privacy Policy (covering information we collect offline, such as when you sign up at This includes, for example: solicitation for profit, political purposes or any other reason; one of our clubs) are located on our website at www24hourfitness.com/ use of petitions; distributing or posting leaflets, notices or advertising anywhere in a CHECK-IN club facility; or leaving multiple copies of leaflets or other papers in any club. You must check in at the front desk. You have two options for checking-in to the GENERAL POLICIES FOR MINORS club, either by (1) enrolling in the Cardless Check-in system which allows you to Please check with the front desk for specific Rules, Policies and fees covering the access the dub with a finger scan and a 10-digit check-in code (such as your phone Kids' Club (babysitting) and minors. You and your minor children must follow arty such number), or (2) bringing in an original photo ID'. You are not required to enroll in the Rules or Policies and pay any applicable fees. To join, all minors need the financial Cardless Check-in system, but if you choose to not do so you will need an original guaranty of a parent or guardian and the parent or guardian must sign the membership photo ID' to access your club. 'Photo IDs can be an original driver's license, state agreement ID. student ID, military ID or passport For more information about the Cardless Minors Under 12: May not use 24 Hour facilities at any time and must be accompanied Check -in system please check our website at by a parent or guardian at all times when in the facilities, unless the minor is registered http://www.24hourf it n e ss.com/he a I th_club s/c ardles s_c h ecki n/ in Kids Club or participating in a 24 Hour approved youth program. If your minor child MEMBERSHIP FREEZE POLICY does not behave, 24 Hour may ask you to make other arrangements. 24 Hour does not Qualification and Notice Requirements:24 Hour will only freeze your membership if permit children over six years old of the opposite sex in the locker rooms. you are in good standing, you have all initiation fees paid. you are current on your Minors 12- 17: May use 24 Hour facilities without being accompanied by a parent or monthly dues, you provide at least ten days notice for a freeze request to allow 24 guardian if the minor is a member or a guest and their parent or guardian signed the Hour to process your request, and you qualify for one of the four categories below: financial guaranty and the membership agreement 24 Hour reserves the right, in its Medical Disability: You must provide 24 Hour with verification from your physician discretion, to require that a parent or guardian accompany a minor. stating your medical disability will prevent you from using 24 Hour facilities. The PROHIBITED ITEMSAND ACTIVITIES minimum term for a medical freeze is three months and the maximum is six months. No Alcohol, Drugs, or Smoking: You cannot engage in any activity at 24 Hour while Active Duty Miter), Transfer or Extended Volunteer Assignment You must provide under the influence of illegal drugs or alcohol. 24 Hour does not permit smoking, 24 Hour with a copy of your transfer, deployment or extended volunteer assignment alcohol, or illegal drugs, including steroids, in any of its facilities. orders. There is no minimum or maximum for assignment freeze. If you request a No Weepcvm: No weapons of any kind are permitted in 24 Hour facilities. specific freeze term less than six months, your membership and monthly Electronic No Photographic or Video Equipment No photography, videotaping, filming or audio Funds Transfer ('EFT") or credit card charge will automatically resume at the end of recording in 24 Hour facilities without prior written permission of the management. the specified time. If you request a specific freeze term greater than six months, or Food & Beverages: 24 Hour reserves the right to limit the consumption of food or you do not specify a freeze term, you must contact 24 Hour to reactivate. beverages in workout areas. Temporary Employment Transfer. You must provide 24 Hour with verification from Personal Training: No member may train another member for compensation. If 24 Hour your employer, on company letterhead, that you are being temporarily transferred. determines that such training occurs at a 24 Hour facility, the trainer and/or trainee The location of your transfer must be more than 25 miles from the nearest 24 Hour may lose their membership. location to which you have access. The minimum term for a temporary employment Outside Equipment 24 Hour reserves the right, in its sole discretion, to limit or restrict transfer freeze is three months and the maximum freeze is six months. the use of outside equipment in the club. Extended Freeze: As a courtesy to our members, 24 Hour may approve or deny DRESS / TOWEL POLICY your request for an extended freeze for reasons other than those listed above. The 24 Hour requires you to wear appropriate clothing and footwear while in its facilities. maximum length of an extended freeze is 12 months. If 24 Hour does not receive Here are general guidelines: gym shorts, T-shirts, jogging, aerobic and sweat outfits are notification to reactivate or further extend your freeze within 12 months, your all right for exercising or aerobics. but street clothes/shoes and jeans are not. Shower membership agreement will be terminated. shoes and swimming suits are all right in the pool area, but cutoffs are not. Dues During Freeze: Once 24 Hour approves a membership freeze no further dues Racquetball/basketball shoes are required on the courts. No street or black-soled will be collected with respect to such time and your right to use 24 Hour facilities is shoes permitted. You must have a towel with you during workouts to protect and clean frozen or suspended, so 24 Hour can deny you access to any 24 Hour club during the machines you use. such freeze. In the event your membership is prepaid, the term of the prepaid CONDUCT membership shall be extended, without further dues, for the same period of the While in 24 Hour facilities, 24 Hour does not permit and will not tolerate any freeze. Except for military freezes greater than 6 months or unspecified, your inappropriate conduct Such conduct includes, without limitation, using loud, abusive, membership will be reactivated and your monthly EFT or credit card charge will offensive, insulting, demeaning language, profanity, lewd conduct or any conduct that automatically resume at the end of your freeze period. harasses or is bothersome to members, guests or 24 Hour employees. Freeze Request Decisions: If your request does not conform to this Membership TION OF POLICIES OR RULES Freeze Policy, you will be notified that your request has been denied and your If any member or guest violates any of the Policies or Rules, 24 Hour will ask that membership shall remain active unless cancelled. person to stop or leave. A member's violation of any of the Policies or Rules may also GUEST PRMI FiXs cause 24 Hour, in its sole discretion, to terminate that person's membership and/or 24 Hour encourages you to bring friends, relatives and business associates for a other agreements. guest visit We strongly recommend that you make an appointment for your guest's STEROID WARNING visit and a tour/orientation may be required. A guest must check in at the front desk, use of steroids t0 increase strength or growth can cause serious he at least 18, sign a medical and injury release form and pay a guest fee before using 24 Hour facilities (a parent or legal guardian may bring a 16 or 17 year old health problems. Steroids can keep teenagers from growing to their minor as a guest if the adult member agrees to sign the appropriate release forms). full height they can also cause heart disease, stroke, and damage 24 Hour may restrict the number of guests and times you may bring guests. You liver function. Men and women using steroids may develop fertility must inform guests about these Policies. problems, personality changes, and acne. Men can also experience LOCKERS 24 Hour provides lockers for your use on a daily basis only and suggests that you premature balding and development of breast tissue. There are also use a lock to protect your property. Do not leave any valuable property in a locker at civil and criminal penalties for the unauthorized sale, use, or exchange any time. 24 Hour is not responsible for any theft of or damage to your property. If of anabolic steroids. you leave a lock on the locker ovemight, 24 Hour has the right to cut it off. 24 Hour will consider your property abandoned if left overnight If you leave your property overnight, 24 Hour shall have the right to donate your property to charity. 24HR-V.013.12 EFTA00525448 DJ24SS, LW, dice 24 Hour AMON Derek hitter (24 How) CLUB OF ENROLLMENT Club Number: 00726 Street Address: 136 Crosby City: New York SSec NY Ep: 10012 PERSONAL INFORMATION Last Name: First Name: Street Address: 301 EAST 66 STREET City: NEW YORK State: NY Home Ph.: Work Ph.: Regulate: E-Mail Address: EmPleYol: ACCOUNTING Initiation Fee: Dues for Prorated First Month's Dues: Last Month's Dues: Taxes/Feee/Stscharge: Total Due Now: Amount Received: Balance Due: (non-refundable) $0.00 $opa $60.96 $69.99 $0.00 $130.95 $130.95 $0.00 Zip: 10065 Gender: F Corp. Id: CLUB MEMBERSHIP AGREEMENT Membership: Keep Frt: All Ultra Sport Clubs (monthly payment) Club Access: All Fit-Lite, Express Clubs, Active Clubs, Sport Clubs, 00726 Super-Sport Clubs and Ultra-Sport Clubs Master Agreement Member *: Your All-Club access to other 24 Hour Fitness USA, Inc. facilities is only valid for current licensees/franchisees of 24 Hour Fitness USA, Inc. If DJ24SS, LLC is no longer a licensee of 24 Hour Fitness USA, Inc., your All-Club access rights will terminate for 24 Hour Fitness USA, Inc. and other licensee/franchisee locations, but will continue for any clubs then owned by DJ24SS. LLC. For Loyalty Reward Monthly Payment Memberships Only Monthly Dues After: / All monthly dues memberships subject to dues increase after 12 months. except Loyalty Reward memberships which are subject to increased monthly dues after 24 months. (For details, see section 3 on page 3.) - Beginning with EFT/RCC debits after that date. Crn page 2 of this agreement (if applicable) for details on payment plans and/or payment authorization. Initiation fees, dues for prorated days, first and last month's dues, and prepaid dues are non-refundable, unless specifically stated otherwise in Section 6 on page 4. Sold By: Che Garcia Ernp 6096M RFI PAPS OF LJABLITY - ASSUMPTION OF RISK - COMMUNICATIONS - BUYER'S RIGHT TO CANCEL - AGREEMENT TERM - BONDING Using the 24 Hour (DJ24SS, LLC) and 24 Hour Fitness USA, Inc. facilities involves the risk of injury to you or your guest whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities offered by 24 Hour and 24 Hour Fitness USA, Inc, you understand and voluntarily accept this risk and agree that 24 Hour and 24 Hour Fitness USA, Inc., and their respective officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from any negligence of 24 Hour or 24 Hour Fitness USA, Inc. or anyone on 24 Hour's behalf, or on 24 Hour Fitness USA, Inc.'s behalf, or anyone using the 24 Hour facilities or 24 Hour Fitness USA, Inc. facilities whether related to exercise or not. You agree to indemnify, defend and hold 24 Hour and 24 Hour Fitness USA, Inc. harmless against any liability, damages, defense costs, including attorneys fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage caused by your negligence or other wrongful acts or omissions. You further agree to hold harmless, defend and indemnify 24 Hour and 24 Hour Fitness USA, Inc. from all liability, damages, defense costs, including attomeys fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage brought by you, your guests, or minors, even if 24 Hour or 24 Hour Fitness USA, Inc. was negligent. Further, you understand and acknowledge that 24 Hour and 24 Hour Fitness USA, Inc. does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment You understand and acknowledge that 24 Hour and 24 Hour Fitness USA, Inc. are providing fitness facilities and instructional services and may not be held liable for defective products. By signing below, you acknowledge and agree that you have read the foregoing and know of the nature of the activities at 24 Hour and 24 Hour Fitness USA, Inc. and you agree to all the terms on pages 1 through 4 of this agreement and acknowledge that you have received a copy of it and the membership policies. Tay my signature below, I give my express consent (1) to receive membership communications via text message, electronic mail a other means, and (2) to receive marketing communication by direct mail, telephone, pre-recorded message, text message, instant messy e and other means from or on behalf of 24 Hour Fitness. I acknowledge that I may change my communication preferences by contacting Member Services at (See Section 3(g) on page 3 for additional terms). CONSUMERS RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THIS DATE. TO CANCEL THIS AGREEMENT, YOU MUST PROVIDE SIGNED, WRITTEN NOTICE BY REGISTERED OR CERTIFIED UNITED STATES MAIL TO: 24 HOUR FITNESS, P.O. BOX 787, CARLSBAD, CA 92018. SUCH NOTICE MUST INCLUDE ALL CONTRACT FORMS, MEMBERSHIP CARDS, AND ANY OTHER DOCUMENTS OR EVIDENCE OF MEMBERSHIP PREVIOUSLY DELIVERED TO YOU. ALL MONIES PAID BY YOU PURSUANT TO THIS CONTRACT SHALL BE REFUNDED WITHIN FIFTEEN (15) BUSINESS DAYS OF RECEIPT OF SUCH NOTICE OF CANCELLATION. IF YOU HAVE EXECUTED ANY CREDIT OR LOAN AGREEMENT TO PAY FOR ALL OR PART OF THE SERVICES PROVIDED HEREUNDER, ANY SUCH NEGOTIABLE INSTRUMENT EXECUTED BY YOU SHALL ALSO BE RETURNED WITHIN FIFTEEN (15) DAYS OF RECEIPT OF SUCH NOTICE OF CANCELLATION. MONTHLY PAYMENT - Membership BEGINS: July 29, 2012 MONTHLY DUES: $69.99 Your Monthly Payment Membership may be terminated as explained in Section 6 on page 4. Initiation fees, dues for prorated days. and first month and last month's dues are nonrefundable, unless specifically stated otherwise in Section 6 on page 4.You understand that the minimum term of your agreement includes any prorated days (up toe days) plus your first month and your last month (so, depending on the number of pro-rated days your minimum term will be from 58 to 68 days). You understand that your agreement begins on the day shown above after begins: '. You understand that you shall make monthly payments for your Membership agreement and that 24 Hour will charge you for those monthly payments on a monthly basis starting on the EFT/RCC begin date shown on page 2 after 'EFT/RCC begin date:_' and again on the same date each month your Membership agreement is in effect. Your monthly dues rate is shown above and that same rate shall apply each month (subject to any dues increases pursuant to Section 3(c) of this agreement) regardless of the number of days in each month. In other words, the same rate will apply for February (a 28-day month) as March (a 31-day month). Pre -paid last month's dues are based upon a 30-day month. Upon receipt of your request to cancel your membership, 24 Hour Fitness will apply your last month's dues: your club access and membership will end after your paid period ends, which includes any remaining paid days and last month's dues. Please see Section 6 page 4 of your agreement for more details. THIS NOTICE PROVIDES NPORTMT INFORMATION ABOUT YOUR PAYMENT OPTIONS: YOU MAY MAKE PAYMENTS ON AN INSTAWIENT BASIS OR IN A SINGLE PAYMENT. PAYING THE FULL AMOUNT MAY BE LESS DIENSIVE BUT MAY INVOLVE FINANCIAL NUS TO YOU. READ THIS NOTICE CAREFULLY BEFORE MAKING A DECISION. NEW YORK STATE LAW REQUIRES CERTAIN HEALTH CLUBS TO POST A BOND OR OTHER FINANCIAL SECURITY TO PROTECT MEMBERS IN THE EVENT THE CLUB CLOSES. TINS CLUB IS EXEMPT FROM THIS REQUIREMENT SINCE IT GIVES ITS MEMBERS THE ORTON OF PAYING ON AN INSTALMENT BASIS, THEREFORE IT NEED NOT POST A BOND OR OTHER FORM OF FINANCIAL SECURITY. IN DECIDING WHETHER TO MAKE YOUR PAYMENTS ON AN MSTALLMENT BASIS, YOU SHOW) BE AWARE THAT F DE CLUB CLOSES. ALTHOUGH THE CLUB WILL REMAIN LEGALLY UABLE FOR A MUD, YOU MAY RISK LOSING YOUR MONEY IF THE CLUB IS UNABLE TO MEET ITS ANANCIAL OBLIGATIONS TO MEMBERS. MEMBER SIGNATURE: DATE SIGNED: July 29, 2012 CO-SIGNER Parent or Guardian Cin behan of my wirer child and mptell. t ogres to the Release of Leblitytkestntoeon el Feek and Applicable Law clauses in this agreement and I agree to defend and indemnity 29 Hour to the attest intent ponntiod by law for any claim brought by my canoe child against 29 How.1 also ctonase to pay any finanool obligation that my manor child don nee pay lot any reason. Hnemaiel CoeIgner: l agree to the Applcabb Law ease in this agreement. and I promise to many honoal obsgeeon dot the mambo does not pay la any reason I oleo agree to defend and indemnity 29 Hour to the fullest edam palmated by law kw any clam brought against 29 Haar by the mentor. Wheelie, Paced or Cerogrer. I redientaml err Miamian can onlyend if the member properly ermines's the membonrhip eamidrig to the arm It l .pered the Pthment and noneler Automaton on peps 2.1agree to directly pay accoedrq to the cams ill lb% ere mercer. CO-SIGNER SIGNATURE: Last Name: Street Address: Home Ph.: Notice Of License For 24 Hour Fitness Nwther 24 Hour Fitness USA. Inc., nor any related corporation is the owner of this 24 Hour facility and frness center operation. DJ24SS, LLC s the owner d this facility and fitness center operation and has been icensed by 24 Hour Fitness USA. Inc. to use the 24 Hour fitness marks in connection with its operation. Neither 24 Hour Fitness USA Inc.. nor any related corporation is contractually err otherwise table to you as DJ24SS, LLC is Sorely 'awe or the debts and obligations of this facility and fitness center operation. 24HR-V.07.12-NY.D1 page I First Name: Work Ph.: City: DATE SIGNED: State: EFTA00525449 Payment and Transfer Authorization Offirness (Payments for Total Due Now total due now: deposit received: balance due: (non-refundable) member name: member 0: agreement 0: ) (Payments Schedule for Total Due Now $130.95 payment amount: payment date: $130.95 payment amount: payment date: $0.00 payment amount: payment date: Authorization for Balance Due account type: account holder name: name of depository institution: account numbec eopirdion date: routing number Of applicable): I want amounts I owe to DJ24SS, LLC, dba 24 Hour Fitness Derek Jeter and/or 24 Hour Fitness USA. Inc.. (both, for purposes of this section. "24 Hour") under this Agreement (the "Agreement") to be paid through one of the following (a) my debit card, (b) debits to my bank account through the ACH ((a) and (b) each an "EFT), or (c) charges to my credit card account real, as indicated above, for the pLepose of making the scheduled payments on the Balance Due (together with any related fees, taxes or charges). My signature below constitutes my authorization and agreement to the following terms for those EFT or CC charges: 1.1authorize 24 Holt on the scheduled payment dates, to charge my above fated credit card account, or to Initiate an EFT from the account I designated above or any successor or replacement card or account, for the Balance Due indicated above. If my card or account expires or is replaced, I agree to notify 24 Hour promptly of my new card or account. 2. My authorization wi remain in effect unti cancelled by 24 Hour, or by me. I may cancel by providing notice to 24 Hour in writing at P.O. Box 787, Carlsbad, CA. 92018, by phone at as set forth in Section 6 of this Agreement. Even after my notice of cancellation, I authorize 24 Hour to charge or debit my account for any Balance Due amounts I owe under this Agreement up to the date this Agreement ends and I agree to be bound by the terms and conditions of this Agreement until my Agreement privileges end. 3. For EFT (a debit to my checking or savings account, or debit card) charges only, I understand that you will notify me at least 10 days in advance of any EFT debit that will be more than three times the normal monthly debit amount. Upon my written request, you will notify me if the amount of the EFT transfer will vary by any amount. 4. If my EFT or CC is rejected or retumed unpaid for any reason, I authorize 24 Hour to resubmit it for payment one or more subsequent tines in the future. If amounts I owe to 24 Hour are not paid because an EFT debit or CC does not go through, for any reason my failure to pay those amounts may result in the suspension or termination of my membership, as described in the Agreement. 5.1 may stop any EFT (a debit to my checking or savings account by ACH or debit card) by notifying the financial institution named above at least 3 days before the scheduled date of the transfer. K authorized signature: ( Membership ip Monthly Dues ) monthly dues amount: $89.99 EFT/RCC begin date: Aug 25 12 date signed: ( American Express Authorization for Dues Direct Payments accent type: account holder name: aviation date: AMX name of depository institution: account number: routing number Of appicable): I want amounts I owe to DJ24SS, LLC, dba 24 Hour Fitness Derek Jeter and/or 24 Hour Fitness USA. Inc.. (both, for purposes of this section. "24 Hour") under this Agreement (the "Agreement") to be paid through one of the following (a) recurring charges to my debit card, (b) recurring debits to my bank account through the ACH ((a) and (b) each an "EFT') or (c) recurring charges to my credit card account ("RCC"), as indicated above. My signature below constitutes my authorization and agreement to the following terms for those EFT or RCC charges: 1.1 authorize 24 HOW, on a monthly basis, to charge my above listed credit card account, or to initiate an EFT from the account I designated above or arty successor or replacement card or account, for the monthly dues rate indicated above, and any other amounts I owe to 24 Hour under this Agreement, including any fees, taxes, or any annual increases in the monthly dues (up to 5% pursuant to Section 3(c) of this Agreement). If my card or account expires or is replaced, I agree to notify 24 Hour promptly of my new card or account. 2. My authorization wit remain in effect unti this reement is cancelled by 24 Hour, or by me. I may cancel by providing notice to 24 Hour in writing at P.O. Box 787, Carlsbad. CA. 92018, by phone at I understand that this Agreement is for a continuous service and 24 Hour will charge me on a monthly basis until cancel this Agreement I further understand that under 24 Hour's cancellation policy, which is in Section 6 of this Agreement. I may cancel this Agreement at any time prior to midnight of the third business day of the health studio after the date of this Agreement, excluding Sundays and holidays, and receive a refund of all money I paid. I further understand that WI& not cancel in the feet three business days then the minimum term of this Agreement is any prorated days (up to 6 days) plus my first month and my last month (so, depending on the number of pro-rated days my minimum teen coil be from 58 to 68 days) and if I cancel upon receipt of my request to cancel 24 Hour will tip* my lest month's dues and my club access and membership will end after my paid period (which includes any remaining paid days and last month's dues). Even after my notice of cancellation, I authorize 24 Hour to charge or debit my account for any amounts I owe under this Agreement up to the date my membership ends and I agree to be bound by the terms and conditions of this Agreement unti my membership ends. Notwithstanding any other language in this Agreement, I agree that all rights and obligations of both 24 Hour and me that are intended to survive cancellation of this Agreement will continue after cancellation and/or the end of my membership, to the extent permitted by law. 3. The amounts charged or debited to my account may vary each month from the amount shown above due to in the monthly dues, peat unpaid dues and fees, km:teases in applicable taxes, or other fees and charges that I may owe. For EFT (a debit to my checking or savings account, or debit card) charges only, I understand that you will notify me at least 10 days in advance of any EFT debit that will be more than three times the normal monthly debit amount. Upon my written request, you will notify me if the amount of my EFT or RCC will vary by any amount. 4. If my EFT or RCC is rejected or retumed unpaid for any reason, I authorize 24 Hour to resubmit it for payment one or more subsequent times in the future. If amounts I owe to 24 Hour are not paid because an EFT debit or RCC does not go through, for any reason my failure to pay these amounts may result in the suspension or termination of my membership, as described in the Agreement 5.1 may stop any EFT (a debit to my checking or savings account by ACH or debit card) by notifying the financial institution named above at least 3 days before the scheduled date of the transfer. 6. If I have more than one agreement with 24 Hour (such as an Upgrade, Fitness Service or Special Privileges Agreement) and I have designated the same EFT or RCC account for charges under any other agreement as I have under this Agreement, I authorize 24 Hour to make one monthly RCC or EFT debit for all the amounts I owe under all my agreements that are paid through the same ER' or RCC account authorized signature: 241R-V.07.11-NYDJ date signed: July 29, 2012 Page 2 EFTA00525450 OffnnEss 1. PARTIES DJ24SS, LLC dba 24 Hour Fitness Derek Jeter (24 Hour) and you agree that by signing this agreement. you purchased a membership or services, agreed to all the terms in this agreement, and agreed to follow 24 Hour's membership policies and any club rules. 2. MEMBERSHIP 2(a). Nature of Membership: Your membership permits you to use 24 Hour's premises, facilities, equipment and services as shown and limited by the membership identified on page 1. Your membership is non-transferable by you and gives you no rights in 24 Hour, its management, property or operation. 20 Hour may close clubs. 24 Hour, in its sole discretion, may assign or transfer your membership to another health club located on the same premises. 24 Hour may only assign or transfer your membership to another health club not located on the same premises with your written consent. 24 Hour can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, or facilities is valid only at the club of enrollment, unless otherwise noted. It is your responsibility to notify 24 Hour of any change in your address or phone number. 2()). All-Club Memberships: You acknowledge and agree that if you have an All-Club membership, your all club access is limited as shown on page 1, and you are entitled to use only those clubs covered by your membership. For example, if you purchased an All-Club Sport membership you will NOT have access to Super Sport or Ultra Sport clubs and if you purchased an All-Club Super Sport membership, you will NOT have access to Ultra Sport clubs. You further acknowledge and agree that (1) 24 Hour reserves the right to charge an extra fee and/or extra dues for your use of any club not included in your type of membership or for any club with additional services and/or amenities than those offered at the time you enrolled; (2) the total number of clubs at your access level may either increase or decrease in the future and nothing in this agreement shall be construed as a guarantee that your access level will always provide you access to either a certain number of clubs. or to specific clubs; (4) 24 Hour's designation of clubs (as either Fit-Lite, Express, Active, Sport, Super Sport, Ultra Sport or such designation as 24 Hour adds in the future) shall be at its sole and absolute discretion and may be based upon a variety of factors, including without limitation costs and expenses, services, equipment location, club size, club age, renovations, amenities, trends and market; (5) 24 Hour may open new clubs, close clubs, change the designation of clubs and/or create new designations of clubs; (6) 20 Hour may exclude certain clubs (including without limitation future clubs, clubs with higher costs or expenses, clubs in certain markets, or other clubs with special circumstances) from your all club access benefits even if those clubs may appear comparable to the clubs at your access level; and (7) no two 24 Hour clubs are exactly alike and to understand the size, amenities, services and features of a particular club, you will need to visit the club. 2(c). Corporate Memberships: You must be a current employee of a participating company and eligible under the company's guidelines to enroll under a Corporate membership program. By enrolling under a Corporate membership program, you grant 24 Hour the right to verify your eligibility under the company's guidelines (including the right to verify your employment with the company as necessary). In the event you are not currently employed or cease being a current employee of a participating company, 24 Hour reserves the right to immediately terminate your membership and/or require you to pay the full regular price of initiation fees and monthly dues. 2(d). Membership Freezes: 24 Hour will freeze your membership if you qualify under 20 Hour's Membership Freeze Policy set forth in the membership policies. To be eligible for a membership freeze you must be in good standing with all initiation fees paid and you must be current on your monthly or prepaid dues. 3. RNANCtAL POLICY & NOTICES 341 Dues & Fees: You agree to pay the dues and fees on page 1 and 2. If you are under 18, 24 Hour requires an adult to authorize payment. 24 Hour immediately earns the initiation fees and first and last month's dues when you buy your membership, including any and all paid amounts or unpaid portions which are to be paid according to a payment plan. These fees and any prepaid monthly dues are not refundable, except as stated in Section 6 of this agreement Whether or not you use the facilities, you must still pay your monthly dues and non-use of the facility or facilities is not a basis for refund of prepaid dues. You agree to pay 24 Hour a fee for any returned check, or other non-payments, such as for insufficient funds, closed account, frozen or declined credit or similar circumstances. The current fee is $15.00, but is subject to change at 24 Hour's discretion without prior notice. 3(:i). Family Add On Memberships: When you add one or more "Family Add On" membership(s) to a membership, one member is financially responsible for all family members dues. If the member responsible for paying the Family Add On membership dues cancels his or her membership, the Family Add On membership(s) dues change to a individual membership rate in effect at the time of the cancellation, and the Family Add On member(s) shall be required to pay his or her own dues. 3(o). IligM to Increase Dues: If you have a Monthly Payment Agreement--Membership, Upgrade, or Special Privilege--20 Hour may increase your monthly dues once per calendar year per agreement. The increase will be calculated at not more than five percent (5%) of your then current monthly dues. Any such increase will not occur during the first twelve (12) months of your agreement; if you have a Loyalty Rewards Monthly Payment Membership, no such increases will occur during the first twenty- four (24) months of your agreement. Your EFT/RCC date will not change. If you have a prepaid membership, 20 Hour will not increase your Initial Annual Renewal Amount on page 1 of this agreement, but may increase all subsequent annual renewal amounts. 24 Hour will send you notice of your new annual renewal amount each year thereafter prior to the end of your then current term. 340. Charges & Texan If you or your guests incur any 24 Hour charges for goods or services that include, without limitation, babysitting, fitness services, or similar services, you agree to pay for them according to 24 Hour's rates and practices then in effect. 24 Hour has the right to add to your prepaid dues or to your monthly dues any tax or charge required by the government. 3(e). Automatic Monthly Deductions: At any time, you can change the method of payment you have designated via My24 online member services (on www.24hourlitnesss.com), contacting Member Services, or by updating your information in person at a Club. Please allow up to 5 days from the day 24 Hour receives your request for the change to take effect. If there is an error in an amount billed under this Agreement, you must notify us within 30 days after the date the EFT debit or credit card charge was made, or we wit not be obligated to re-credit your account. 3(0. Automatic Monthly Payment Failure: If we are unable to process a EFT/RCC monthly charge for any reason, your membership or agreement privileges will be immediately suspended. You will have 30 days from the date we are unable to process the EFT/RCC monthly charge to reinstate your membership or privileges agreement by providing a valid EFT/RCC authorization. Upon reinstatement, all your past due amounts, including a $15 fee (as described in Section 3(a)) will be electronically deducted using the newly authorized EFT/RCC. If you do not provide a valid EFT/RCC authorization within the 30 days, your membership will be terminated "for cause" by 20 Hour and the terms of the "Termination for Cause by 24 Hour" paragraph in Section 8 will apply; you will not receive a refund of any initiation fees or of first and last month's dues. 3(g). Delivery of Notion and Marketing Comrnunioadons: You agree to electronic delivery of notices and records relating to this Agreement and to your 24 Hour membership ('"Notices") by electronic delivery instead of in paper form through postal delivery (you will still receive postal delivery of notices or records required by regulation or policy to be sent by postal delivery). Notices eligible for electronic delivery include notices regarding dues increases, annual dues, electronic payment amounts, payment processing refusal, service changes, renewal, and similar notices relating to the Agreement and your membership. We will deliver Notices electronically to you by emailing them to the email address you have provided to us in this Agreement and you agree to keep that email address active and/or to update it as necessary. You also agree to receive marketing communications by direct mail, electronic mail, telephone, pre-recorded message, text message, instant message and other means from or on behalf of 24 Hour. You may change your primary e-mail address, phone number or other contact information, withdraw our consent to receive Notices electronically, and/or withdraw your consent to receive marketing communications by contacting Member Services at There is no fee if you withdraw your consent to receive Notices or marketing communications electronically. 4. FACILITIES AND SERVICES 4(s). Description of Seines and Hours of Acoees: Not all facilities or services are open or available 24 hours a day and 24 Hour may alter the hours of operation. Your membership with 24 Hour shall include access to the facility or facilities as shown and limited by the membership identified on page 1, including the cardiovascular. strength and conditioning equipment at those facilities. Your membership agreement does not include personal training, which is an optional service subject to a separate agreement with 20 Hour. 24 Hour also provides a number of group exercise classes some of which are optional services and may require payment of a fee. Other optional services that may require additional fees include, but are not limited to, towel service, babysitting, basketball leagues. class fees, class reservation fees, guest privileges, or executive lockers. 24 Hour reserves the right to charge a separate participation or reservation fee for such optional services. 4(b). Changes in Equipment or Classes: 24 Hour reserves the right at any time to make reasonable changes to the type or quantity of group exercise classes and equipment offered, to alter the times of group exercise classes, and to amend the cost of, add, modify and/or eliminate any program, facility, activity, class or service in 20 Hour's reasonable discretion. Classes and equipment are available subject to demand. Any of the facilities or services, including but not limited to classes, equipment, babysitting, basketball, saunas, and whirlpools may have limited hours or may be discontinued altogether at any time and may be offered on a "first come first serve basis." 4(0. Temporary Closures: 24 Hour regularly closes its facilities, or portions of its facilities, on a temporary basis for maintenance, selected holidays, and other hours based on municipal requirements or other business reasons and such temporary closures will have no effect on this agreement so long as such temporary closures are reasonable. If your club of enrollment is forced to close for 30 days or less by events or occurrences beyond 24 Hour's control, such as, by way of example, natural disasters, riots or unrest or action by any lawful authority (Unforeseen Events), you will not be entitled to a refund, dues credit or to terminate your membership. However, it Unforeseen Events force your club of enrollment to close for more than 30 consecutive days, then 24 Hour will extend your membership, without dues, for the same period your club of enrollment was closed or completely unavailable. If 24 Hour closes your club of enrollment for more than 10 consecutive days for any reason not caused by Unforeseen Events, 24 Hour will extend the term of your membership, without dues. for any days beyond 10. If your club of enrollment closes because it is sold and the new owner has a location on the same premises, 24 Hour may assign your membershp to the new owner. If your club of enrollment is sold to a health club not located on the same premises, 24 Hour will not assign your membership to the new owner without your written consent. Your obligations if 20 Hour permanently closes or moves your club of enrollment are further explained in Section 6. 24HR-V.07.12-NYIN Page 3 EFTA00525451 6. REPRESENTATIONS 6(4 Physioal 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 20 Hour's facilities. As such, you acknowledge that 24 Hour did not give you medical advice before you joined, and cannot give you any after you join, relating to your physical condition and ability to use the facilities. If you have any health or medical concerns now or after you join, discuss them with your doctor before using the facilities. You acknowledge that you have been informed that 24 Hour has available a questionnaire designed for you to determine whether you should consult a physician before participating in an exercise program and that you understand 24 Hour assumes no liability to you if you undertake physical activity without consulting your doctor or against the advice of your doctor. 60:0. Limited Use: If you know or should know you have any problem that might prevent you from using all of 24 Hour's facilities and you sign this agreement, you agree that your membership is limited accordingly. However, because it's your choice, you still must pay your dues as if you could use all the facilities. 5(c). Lability for Properly: 24 Hour is not liable to you or your guest for any personal property that is damaged. lost, or stolen while on or around 20 Hour's premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to 24 Hour's facilities, you are liable to 24 Hour for its cost of repair or replacement. 600. Entire Agreement & Enforcement: You acknowledge that neither 24 Hour, nor anyone else, made any representations or promises upon which you relied that are not stated in this agreement. Handwritten changes to this agreement are not valid. This document contains the entire agreement between you and 24 How, and replaces any prior agreements, representations or promises by or between you and 24 Hour, whether written or oral, with respect to the subject matter of this agreement (as this agreement is described in the upper right hand corner of page 1). 6. CANCELATION - TERMINATION - REFUNDS 6(a). Your 3-Day Cancellation Right: You, the buyer, may cancel this agreement at any time within three (3) days from the date of this agreement. To cancel this agreement, you must provide signed, written notice by registered or certified United States mail to: 24 Hour Fitness, P.O. Box 787, Carlsbad, CA 92018. Such notice must include all contract forms, membership cards, and any other documents or evidence of membership previously delivered to you. All monies paid by you pursuant to this contract shall be refunded within fifteen (15) business days of receipt of such notice of cancellation. If you have executed any credit or loan agreement to pay for all or part of the services provided hereunder, any such negotiable instrument executed by you shall also be returned within fifteen (15) days of receipt of such notice of cancellation. 6(b). Cancellation Rights & Refund: Initiation fees and first and last month's dues are nonrefundable, except for 3-day cancels above or unless specifically stated otherwise in this agreement. You may cancel this agreement and receive a refund of unused prepaid dues or unused fitness services if you qualify as follows: 54)(1). ADDITIONAL RIGHTS TO CANCELLATION: YOU MAY ALSO CANCEL THIS CONTRACT FOR ANY OF THE FOLLOWING REASONS: IF UPON DOCTOR'S ORDER, YOU CANNOT PHYSICALLY RECEIVE THE SERVICES BECAUSE OF SIGNIFICANT PHYSICAL DISABILITY FOR A PERIOD IN EXCESS OF SIX MONTHS; IF YOU DIE, YOUR ESTATE SHALL BE RELIEVED OF ANY FURTHER OBLIGATION FOR PAYMENT UNDER THIS CONTRACT NOT THEN DUE AND OWING; IF YOU MOVE YOUR RESIDENCE MORE THAN TWENTY-ENE MILES FROM ANY HEALTH CLUB OPERATED BY 24 HOUR; OR IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THIS CONTRACT. ALL MONIES PAID BY YOU PURSUANT TO THIS CONTRACT SHALL BE REFUNDED WITHIN FIFTEEN (15) BUSINESS DAYS OF RECEIPT OF SUCH NOTICE OF CANCELLATION; PROVIDED, HOWEVER, THAT 24 HOUR MAY RETAIN THE EXPENSES INCURRED AND THE PORTION OF THE TOTAL PRICE REPRESENTING THE SERVICES USED OR COMPLETED, AND FURTHER PROVIDED THAT 24 HOUR MAY DEMAND THE REASONABLE COST OF GOODS AND SERVICES YOU HAVE CONSUMED OR WISH TO RETAIN AFTER CANCELLATION OF THIS CONTRACT. 600(0. Documentation and Requinwnents For Cancellation Pursuant to 60X1): For Disability and Death: disability must physically prevent you from using the club's facilities in excess of sir (6) months and a licensed physician must verify this fact in writing to 24 Hour. In case of death, your estate must provide written evidence to 24 Hour. (For temporary disabilities, you may qualify for a membership freeze at the discretion of 24 Hour under 24 Hour's Membership Freeze Policy.) For Move: You must provide written evidence of your move. If there is another club within 25 miles of your new residence, your membership will be transferred to that club and you are not entitled to a refund. If 24 Hour is unable to transfer your membership, 24 Hour will refund your unused prepaid dues or unused fitness services. 6(0(3). Notice & Effective Date: You or your estate must send written notice and proof of the event within 30 days after it happens. Cancellation is effective as of the date of the event. If your notice is late or lacks proof. 24 Hour may set the effective date when 24 Hour receives the notice. Such notice shall be sent to: 24 Hour Fitness. P.O. Box 787. Carlsbad, CA 92018. 6(c). Terminal= of Monthly Payment Agreements-Membership, Upgrade, and Special Priviege: You may terminate your Monthly Payment Agreement (Membership. Upgrade and/or Special Privilege) by providing written notice to the following address: 24 Hour Fitress Attention: Processing Dept., P.O. Box 787, Carlsbad, CA 92018. You may also visit or call any 24 Hour Fitness club, or call our Member Services department at 1 to terminate your monthly payment agreement. Once 24 Hour has received notice of your request to terminate your agreement, your agreement wit remain in effect until the expiration of both (t) your current monthly billing cycle. if the billing cycle has already begun, and (2) the 30-day period covered by your pre-paid last month's dues. For example, if your monthly baling cycle begins on March 1. and 24 Hour Fitness receives notice of your request to terminate your agreement on March 15, your March 1 dues will cover your agreement through March 31 and your pre-paid last month's dues will cover your agreement for the following 30 days, so you would have agreement privileges for 46 days following 24 Hour's receipt of your termination notice, and your agreement privileges would end on April 30. 6(d). Termination S Pieced Membership: It you have a prepaid membership, you may not terminate it during the prepaid period (or get a refund), unless specifically stated otherwise in Sections 6(a) or 6(b) above. If you purchased a prepaid membership agreement with an annual renewal option and you do not renew your prepaid membership by the renewal date, your prepaid membership automatically expires and you are not entitled to the initial annual renewal rate. 6(e). lamination of Prepaid %ea Services Agreement If you have a prepaid Fitness Service agreement, you may not terminate for any reason except those described in Section 6(a) or 6(b) above. Al fitness service fees are immediately earned by 24 Hour. Fitness service fees are non-refundable except as otherwise stated in this Section. If you are entitled to a refund under Section 6(a) or 6(b) above, your refund is limited to unused sessions. 6(0. Termination for Cease by 24 Hour: 24 Hour may, at its option, terminate your membership if (1) you fail to complete all signature lines and required initial blocks, (2) you fail to make timely payments under any payment plan, (3) any monthly payments or dues are late, (4) the monthly EFT/FCC payments or dues are interrupted or discontinued for any reason and you or your cosigner do not provide an acceptable alternative, (5) you fail to follow any of 24 Hour's membership policies or club rules or violate any part of this agreement, or (6) your conduct is improper or harmful to the hest interest of 24 Hour or its members. Termination is effective on the date 24 Hour mails a written notice to your last known address. You are liable for all financial obligations until that date. 6(g). Termination Without Cause by 24 How: 24 Hour reserves the right to terminate your membership for any reason not stated above and not prohibited by law. If 24 Hour does so, it will mail a written termination notice to your last known address and refund any unused prepaid dues. 60i). Termination on Club Closure: If 24 Hour permanently closes or moves your club of enrollment, 24 Hour may offer you the use of other conveniently located clubs. If 24 Hour does not obtain your written consent prior to the date of such club closure to transfer or assign your membership to another club upon a permanent club closure, this agreement ends upon the occurrence of such permanent club closure. As such, you will not have to pay further monthly dues and 24 Hour will refund any unused prepaid dues. 60. Effect of Termination & Financial Obligation: Upon cancellation or termination, your right to use 24 Hour's facilities ends after all paid dues including last month's dues have expired and 24 Hour can deny you access to any or all 24 Hour clubs. If you owe 24 Hour money when your membership ends, you still owe the money, and 24 Hour will deduct it from any refund you might have coming. If there is not enough money to cover the debt in the refund, you must pay the balance. If you terminate your Monthly Payment Membership or your prepaid membership expires and you want to rejoin, you must buy a new membership at the then current rate. 7. APPLICABLE LAW This Agreement and/or any legal action related to your 24 Hour Fitness membership shall be governed by, construed and enforced in accordance with the laws of the State where you live at the time this Agreement is executed as indicated in the Personal Information section on the first page of this Agreement, without reference to choice of law principles. Exclusive venue for any legal action related to this Agreement or your 24 Hour Fitness membership shall be brought in any federal or State court where the Agreement was executed ('Applicable Courte). The parties waive any objection that they have or may have to venue in the Applicable Courts including, but not limited to, any objection that the Applicable Courts are an inconvenient forum. In addition, the parties waive, to the fullest extent they may effectively do so, any objection that they have or may have to the transfer of any legal action to the Applicable Courts. 8. IMITATION OF LIABILITY Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even d one party told the other party that they might suffer these damages. 9. IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS New York State law tequila certain health clubs to have a bond or other form of financial security to protect members in the event the club closes. This club has posted the financial security required by law. YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB'S COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, 162 WASHINGTON AVENUE, ALBANY, N.Y. 12231. 24HR-V.07.12-NYal Page 4 EFTA00525452