Club 30206 Club # ______ 30206-11253

30206 Agreement #: ________________

3427 Colonnade Parkway 202517
Barcode: ________________
Birmingham AL 35243 03/01/2024
Date: ________________
(205) 407-4784 New
Agreement Type: ________________
Membership Agreement
___ NEW ___ RENEWAL ___ REWRITE
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade
Commission, Equal Credit Opportunity, Washington, D.C. 20580.

Kireeti Prithvi 11/19/1989 Male

_________________________________________________________________________________________________________________________________
First Name Last Middle Initial Birth Date Gender

899 Antonio Farley ST Birmingham AL 35243

_________________________________________________________________________________________________________________________________
Street Address City State Zip Code

(613) 707-5543
_________________________________________________________________________________________________________________________________
Primary Phone Number Cell Phone Driver’s License Number

ext:
_________________________________________________________________________________________________________________________________
Employer Work Phone In Case of Emergency, Call (Name) Emergency Phone

Walk-in/Lives Near Kireeti_Bheemavarapu@aol.com

_________________________________________________________________________________________________________________________________
Source (How did you hear about us) E-Mail Address
Membership Privileges, Notices, Disclosures & Agreements
Basic
MEMBERSHIP TYPE: _________________________________ 1. Your Membership Begins: ________________
03/01/2024
2. Your Obligation Date is: ________________
03/01/2025
PAYMENT PLAN: ____________________________________
Basic MTM $9.99 Month $50 Enrollment Fee SPRING
3. Enrollment Fee: ________________
$ 0.00
RENEWAL PROGRAM OPTIONS: 4. First Month or PIF Dues: ________________
$ 0.03

 MONTH TO MONTH AGREEMENT: The member agrees to 5. Taxes: ________________

$ 0.00

make the Scheduled Payments according to the terms set forth 6. Total Amount Due Today: ________________
$ 0.03
by this agreement. This agreement may be cancelled at any time DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called
with a 30 day written notice delivered to the club’s address, after for in this agreement, the club will have the right to declare the entire remaining balance due
and payable and you agree to pay allowable interest, and all costs of collection, including
the first 30 days of membership is completed. The member will but not limited to collection agency fees, court costs, and attorney fees. A default occurs
when any payment due under this agreement is more than ten days late. A SERVICE
be required to make any Scheduled Payments that are due within FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT
CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER
the 30 day notice to cancel. REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS
PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the Member is paying monthly
dues by electronic funds transfer (EFT), the club’s billing company, ABC Fitness Solutions,
X TERM AGREEMENT AUTOMATIC RENEWAL PROGRAM:
 LLC, reserves the right to draft via EFT all amounts owed by the member including any
Provided the Member is not in default of this agreement and and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE:
Members paying monthly dues by EFT are subject to $10.00 per month increase of
subject to the terms and conditions hereof, the membership will monthly dues if EFT payment is stopped or changed. This will not affect any other
provisions of this agreement.
automatically renew at the rate of $_______,
9.99 on ______________.
03/01/2025 Notwithstanding any other provisions of this Agreement, you understand and agree that the
Cancellation of Renewal and\or any additional Payment Schedules 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
set forth by this agreement, will require a 30-day written notice 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
delivered to the club’s address. The member will be required to monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.
make payments that are due within the 30 day notice to cancel. 1st Pay. Schedule : DUES Monthly Installment
Number Monthly Payment
of Payments Payment Amount Due Date
 PAID IN FULL or NON-RENEWAL: This is a non-transferable
11 $ 9.99 04/01/2024
membership that will expire on the term obligation date.
2nd Pay. Schedule :
Number Monthly Payment
An Annual Membership fee of $_______
49.99 will be billed on of Payments Payment Amount Due Date
$
______________
04/01/2024 and each year thereafter.

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS
HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including, but not
limited to, any membership-related obligations, personal training, small group training, retail transactions, and/or online purchases
to any form of payment which you have provided us until such time as you revoke your authorization for that method of payment by
written notification delivered to your home club in person or via certified mail to your home club.

Owen Kolaczek
CLUB REPRESENTATIVE MEMBER
PLEASE ATTACH A VOID OR BLANK CHECK
REQUEST FOR PREAUTHORIZED PAYMENT REQUIRED FOR ALL
I/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 of
EFT AND CREDIT CARD
Payment Method: __________________
Credit Card DRAFT ACCOUNTS

BANK NAME ROUTING NUMBER (9 DIGITS) ACCOUNT NUMBER ACCOUNT TYPE ACCOUNT OWNER

American Express XXXX-XXXXXX-X0010 01 2027 P BHEEMAVARAPU

CARD TYPE ACCOUNT NUMBER EXPIRATION M/Y CARD OWNER
Subject to the following conditions:
(1) The items outlined in 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) If 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 it 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.
(4) 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.
(5) The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
(6) If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement.
(7) If any payment is not paid upon presentation to Your bank or credit/debit card company for any reason, a service fee will be assessed and drafted. A late fee will be assessed and drafted should any monthly payment become past due.
(8) By executing this Agreement, You authorize Club and Club’s agents, including its third party payment processing companies (“Club’s Agents”), to 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 well as any other account or card information provided by You through any means to Club or Club’s Agents (including information provided in 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 will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental
charges that are due or will become due, including all 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 will
be processed and the transaction amounts (including all associated fees, taxes, and charges) and/or a description of how they will be calculated are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your
Club Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is
expressly revoked. The general cancellation and refund policies provided in Your Club Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying You of such changes will be sent to the e-mail address
provided by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement.
(9) This preauthorization payment arrangement shall apply to the following Applicant(s):

03/01/2024
Date ____________________ Account Holder Signature _____________________________________________________________________________________________

30206 EAE 20230628

 CANCELLATION POLICIES
1. Buyer may cancel this contract within three days, exclusive of holidays and weekends, of its making, upon the mailing or delivery
of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health
studio may retain an amount computed by dividing the number of complete days in the contract’s term or, if appropriate, the
number of occasions health studio services are to be rendered, into the total contract price and multiplying the result by the
number of complete days that have passed since the contract’s making or, if appropriate, by the number of occasions that health
studio services have been rendered.
2. Buyer may cancel contract if the health studio goes out of business and fails to provide facilities within five miles or moves its
facilities more than five miles from the location designated in such contract, upon written notice by the buyer, with refund upon
such notice of funds paid or accepted in payment of the contract or in an amount computed by dividing the contract price by
the number of weeks of the contract’s term and multiplying the result by the number of weeks remaining in the contract’s term.
3. Buyer or Member/Buyer’s estate may cancel contract if the buyer dies or becomes totally and permanently disabled during the
Membership term following the date of such contract, with refund of funds paid or accepted in payment of the contract in an
amount computed by dividing the contract price by the number of weeks of the contract’s term and multiplying the result by the
number of weeks remaining in the contract’s term. The contract may require a buyer or the buyer’s estate seeking relief under
this subsection to provide reasonable proof of total and permanent disability or death.
4. In the event that Member/Buyer moves out of town and there exists no affiliated facility within a 15-mile radius of buyer’s new
location the contract or Membership agreement may be cancelled at buyer’s option. On an installment sales contract a pro rata
refund must be available at buyer’s option.
If you have a minimum monthly term of 12 months, your account will be billed monthly for 12 months, then will continue to bill on a month to month basis to the extent permitted
by law, or until cancelled in the manner specified below after the 12 month commitment. You may cancel your Membership at any time by giving a thirty (30) day written notice
delivered via email, certified mail or delivery to the facility. Member must provide proof of the written notice to confirm cancellation. Member will be responsible for any past due
balance and any payments that fall within the 30 days of requesting cancellation.
If your monthly membership has a minimum term, and you wish to cancel your membership before the end of the term, an Early Cancellation Fee will be applied unless reason
for early termination due to one of the following reason: You receive military orders, you may cancel this contract if you relocate your residence further than 5 miles from any
health club. Valid Military order, and a current utility bill or lease for their new residence. If you become disabled, you must prove permanent disability by a doctor’s certificate,
which certificate shall be enclosed with the written notice of disability sent to the health club.
I understand and expressly agree that my use of this or any other Amped Fitness facility and/or digital content involves the risk of injury to me or my guest whether caused by
me or not. I understand that these risks are inherent in physical activity and my use of the facilities and/or digital content and can range from minor injuries to major injuries,
including death. In consideration of my participation in the activities and use of the facilities, exercise equipment and services offered by Amped Fitness and such use by my
guests, if applicable, I understand and voluntarily accept full responsibility on my behalf and on my guest’s behalf for the risk of injury, illness or loss arising out of or related to
my use or my guest’s use of the facilities including, exercise equipment, tanning, massage beds/chairs, and participation in classes or other exercise programs or use of other
services, equipment, digital content, and/or programs offered to members. I further agree that Amped Fitness and their respective affiliated companies, parents, subsidiaries
and the officers, directors, shareholders, employees, managers, members, agents and independent contractors of such entities will not be liable for any loss including, personal,
bodily, or mental injury, illness, disability, death, economic loss or any damage to me, my spouse or domestic partner, guests, unborn children, heirs, or relatives resulting from
the negligent conduct or omission of Amped Fitness or anyone acting on their behalf, whether related to exercise or not. Accordingly, to the fullest extent permitted by law, I do
hereby forever release, waive and discharge Amped Fitness from any and all claims, demands, injuries, damages, actions or causes of action related to my use or my guest’s use
of any Amped Fitness facility or service (collectively, “Claims”) against Amped Fitness or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harm-
less Amped Fitness from and against any such Claims, including Claims made by my guests. I further understand and acknowledge that Amped Fitness does not manufacture
fitness or other equipment or products available in its facilities and therefore Amped Fitness will not be held liable for defective equipment or products.
I understand I am not obligated to sign this agreement and should not do so if there are any unfilled blanks. I understand my right of cancellation and the billing and refund
policies. I understand my release of liability, assumption of risk and agreement to indemnify, defend and hold harmless and I have been given the opportunity to review and ask
questions related to my use of the facilities, exercise equipment, tanning, massage beds/ chairs and other equipment, as well as my participation in exercise programs or other
services and/or programs offered to members. I agree to comply with Amped Fitness’ membership policies and club rules that may be communicated to me from time to time,
whether in writing, electronically, through club signage or verbally. Amped Fitness may, in its sole discretion, modify any policy or club rule at any time and from time to time
without advance notice. Amped Fitness reserves the right, in its sole discretion, to refund the pro-rated cost of unused services and terminate my membership immediately for
violation of any membership policy or club rule or for any other reason not prohibited by applicable law. By signing below, I acknowledge and agree to all of the terms contained
on the front and back of this agreement.

ADDITIONAL TERMS AND CONDITIONS

PLEASE READ AND UNDERSTAND THIS AGREEMENT BEFORE SIGNING.
1. Parties
Amped Fitness, LLC its assigns, affiliates and other parties authorized by Amped Fitness including, but not limited to, its parents, subsidiaries and affiliates (which affiliates include but are
not limited to the related Amped Fitness limited liability company responsible for each premises) and payment processing companies (“Amped Fitness” “us” “we”) and you agree that by
signing this agreement, you are purchasing a membership or services and agree to all the terms contained in this agreement. The terms “you” and “Amped Fitness” include heirs, estates,
agents, representatives, officers, directors, shareholders, managers, members, successors, affiliates, parents, subsidiaries and employees. Both parties make this agreement on behalf
of, and it binds, all these included persons and entities. It is your responsibility to notify Amped Fitness of any change in your mailing address, billing information or contact information.
2. Representations
A) Physical 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 Amped Fitness’ facilities or services. You acknowledge that Amped Fitness did not give you medical advice before you joined, and cannot give you medical advice after you join. We
do not give members advice relating to their physical condition or ability to use the facilities or services, so if you have any health or medical concerns now or after you join, please discuss
them with your doctor before using the facilities.
B) Liability for Property: Neither Amped Fitness (as previously defined) is liable to you or your guest for any personal property that is damaged, lost, or stolen while on or around Amped
Fitness’s premises including a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to Amped Fitness’ facilities including equipment, you are liable
to Amped Fitness for its cost of repair or replacement.
C) Entire Agreement & Enforcement: You acknowledge that neither Amped Fitness, nor anyone else, made any representations or promises upon which you relied that are not stated in this
agreement or applicable rider. This document and any applicable rider contains the entire agreement between you and Amped Fitness and replaces any oral or other written agreement. If a
court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Amped Fitness does not enforce any right in this agreement for any
reason, Amped Fitness does not waive its right to enforce it later. This agreement and all physical or electronic copies hereof will be deemed to be valid and authentic and you intend and
agree that such copies will be given the same legal effect as the original signed agreement.
3. Membership
A) General: Your membership permits you to use certain of Amped Fitness’ premises, facilities, equipment, digital content, and services and your dues are in exchange for such access
whether you use the facilities and other services or not. Such access may be limited in accordance with applicable law. Your membership is subject to all current company policies, rules,
terms, conditions and limitations including but not limited to, local club rules, transferability rules, guest privilege rules, and dress code. Your membership gives you no rights in Amped Fitness
its management, ownership, property or operation. Amped Fitness may assign or transfer your membership in its sole discretion. You have no right to assign or transfer your membership
or this agreement. Amped Fitness can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, benefits or
facilities is valid only at your home club, unless otherwise provided by Amped Fitness in a signed writing.
B) Identification: You must provide a photo upon request to be kept on file for identification purposes, which we may require you to update from time to time, unless prohibited by state or local law.
C) Personal Training, Small Team Training (AX3), Revamped Agreement: Amped Fitness may offer personal fitness instruction from time to time and may require you to execute an agreement
with additional terms. The terms herein are in addition to any Personal Training Agreement that you may execute. In the event of any conflict between the Personal Training Agreement
and these terms, the terms herein shall control.
D) Transfer of Location: If you are a monthly member, you can transfer your membership from your home club to another club provided you are current on your monthly dues and have been
a member for at least 90 days with approval from us. Prepaid memberships are not transferable. A transfer fee may apply.
E) Membership Freeze: Your membership can be frozen for verified medical reasons only at time of illness, injury or medical condition. Your freeze will be limited to the time indicated as neces-
sary by your physician, up to a maximum of 3 months. Your monthly dues will be automatically reinstated at the end of your freeze and billed to the account on file with Amped Fitness unless
you cancel your membership or you are approved for a longer freeze. Please note that you will still be billed for your Annual Membership Fee when it is due, even if your account is frozen.
F) Non-Discrimination: Amped Fitness does not tolerate discrimination or harassment of any person on its premises on the basis of race, national origin, ancestry, color, creed, religion, sex,
sexual orientation, gender, gender identity, age, disability, or any other basis protected by law. All members will have access to restroom and locker room facilities that correspond to their
self-reported gender identity to the extent permitted by applicable law. Contact your local club for more information.
G) Changes to Membership Agreement: Amped Fitness may, from time to time, make changes to this agreement. Such revisions will be effective, unless otherwise stated, 30 days after
notice. Your continued membership shall constitute acceptance of these changes.
H) Privacy: Amped Fitness may collect, use and disclose certain personal information of members in accordance with their Privacy Policies, which are available free of charge upon request.
To learn more about what data is collected how that data is used, and what privacy options you may have, please see the privacy policy, which is available at https://join.ampedfitness.com/
privacy-policy/. Please review the Privacy Policy before signing this agreement as it contains important information relating to your personal information.
I) Rate For Life Membership Disclaimer: If you cancel, or your members becomes inactive, you will forfeit you R4L membership rate now and in the future. There will be no reactivations at
the same rate. Previous members will need to sign up with a new membership agreement at whatever the current rate or offer is at that time if they choose to rejoin.
4. Rules & Regulations
You agree to follow Amped Fitness’ membership policies and club rules, some of which may be found at www.Ampedfitness.com. Amped Fitness may, in its sole discretion, modify the poli-
cies and any club rule without notice at any time. Club rules vary by location and all signs posted in a club or on the premises and any verbal communication from Amped Fitness shall be
considered a part of the club rules. Should you have any questions about our policies and rules, you may inquire at the front desk. Amped Fitness reserves the right, in its sole discretion, to
refund the pro-rated cost of unused services and terminate your membership at any time, effective immediately, for violation of any membership policy or club rule or for any other reason
not prohibited by applicable law.
5. Dress Code
Amped Fitness strives to provide a safe and comfortable environment for all members. As such, Amped Fitness management and staff may enforce, and you agree to abide by, a dress code
in all areas of the club. Clothing that may be perceived as intimidating, revealing or offensive, as well as clothing that may present a safety hazard or damage equipment, is not allowed. Pro-

30206 EAE 20231004

tective eyewear for tanning equipment is required at all times. The minimum age for access to the tanning equipment is 18 years of age. Personal protective equipment may also be required.
6. Account Information Notifications
Amped Fitness may contact you via telephone, email, text message or other means from time to time for the purpose of notifying you of issues related to your membership or billing information,
for offers that may be of interest to you, or for automatic payment processing issues. By providing us with your contact information and signing this agreement, you give your prior express
written consent to receive, at any address or phone number provided to us, membership and billing-related communications from us or our authorized delegate to the extent permitted by
applicable law, including without limitation the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act. You acknowledge that calls and text messages may be sent
via auto-dialer and that standard message and data rates may apply. You are not required to authorize calls or text messages to become a Amped Fitness member, and you may opt out at
any time by request if called or by replying “STOP” in response to a message.
7. Facilities & Services
A) Amped Fitness reserves the right at any time to remove, discontinue, repair or replace the equipment available to members without any effect on this agreement. Amped Fitness also
reserves the right to make changes to the type or quantity of equipment, digital content, programs or services offered to members and to alter the hours of operation in Amped Fitness’ sole
discretion. You acknowledge and agree that the equipment, programs and services currently available at the facility are subject to change from time to time and are offered on a “first come,
first served basis.”
B) Amped Fitness regularly closes its facilities (or portions of its facilities) for maintenance or as required by law, on a temporary basis and also closes on selected holidays, etc. and such
temporary closures will have no effect on this agreement so long as such temporary closures are reasonable. In the event of a temporary closure of the club that lasts more than fourteen
(14) days, Amped Fitness may freeze your membership. Monthly Membership Fees will not be billed during the freeze, unless you unless you have other contractual obligations to Amped
Fitness. If your home club is permanently closed, moved or sold, or in the event of a temporary closure, Amped Fitness reserves the right to assign and transfer your membership to another
club of your home club, in accordance with your rights under applicable law.
8. Dues, Fees, Charges & Taxes
A) Payment Authorization. You have full control over the payment authorization and can stop it at any time by notifying Amped Fitness as set forth on the front page of this agreement. You
are responsible for notifying your bank or credit card company of any error that appears on your statement in a timely manner. You must notify Amped Fitness within 60 days of a claimed
error on your statement.
B) Charges & Taxes: Amped Fitness has the right to add to your prepaid dues or to your monthly dues any applicable tax imposed by the government as well as any utility charges or sur-
charges related to the facility.
9. Limitation 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, consequential or punitive damages, even if one party told the other party that they might suffer these damages.
10. Corporate Memberships
If you are participating in a corporate membership program, you grant Amped Fitness the right to verify your eligibility for the program (including the right to verify your employment status, if
applicable). If the program or your eligibility for the program terminates, Amped Fitness may immediately terminate your membership and/or require you to pay the applicable Monthly and
Annual Membership Fees in order to continue your membership.
11. Binding Individual Arbitration and Class Action Waiver
In the unlikely event that Amped Fitness is unable to resolve a complaint you may have to your satisfaction (or is unable to resolve a dispute with you after attempting to do so informally),
subject to your right to opt-out below, you and/or Amped Fitness each agree to resolve such disputes through binding arbitration or small claims court rather than a court of general jurisdiction.
Arbitration utilizes a neutral arbitrator instead of a judge or jury and the procedures are generally simpler and more limited than those applicable to a lawsuit in court. Arbitration is subject to
limited review by courts, but an arbitrator can award the same damages and remedies that a court can award. For the purposes of this arbitration provision, a “dispute” between us shall be
broadly construed to mean any dispute, claim, or controversy between you and Amped Fitness arising from or relating to this agreement, your access to or use of an Amped Fitness club,
or your access to and use of any Amped Fitness digital content, whether based in contract, tort, warranty, regulation, statute, or any other legal or equitable basis.
A) Class Action Waiver. To the fullest extent permitted by law, you, and Amped Fitness acknowledge and agree that you and we each are waiving the right to a trial by jury and the right to
participate in a class action, either in court or in arbitration. This means that neither you, or Amped Fitness may join claims in arbitration with or against other members, or litigate in court
or arbitrate any claims as a representative or member of a class and that the arbitrator may not consolidate any claims into a class proceeding. However, if this class action waiver is held
unenforceable as to all or some parts of a dispute, to the extent that any claims must proceed on a class, consolidated, or representative basis, such claims must be litigated in the state or
federal courts of the state in which your home club is located and not in arbitration, with any remaining parts proceeding in individual arbitration.
B) Arbitration Exceptions. Nothing in this arbitration provision shall prevent you, Amped Fitness from: (i) bringing an individual action if the dispute is within the jurisdiction of a small claims
court, (ii) seeking to enjoin infringement or other misuse of intellectual property rights, in which case either you or we may bring suit in court to seek injunctive or other equitable relief to
enjoin infringement or other misuse of intellectual property rights, (iii) seeking public injunctive relief from any court of competent jurisdiction, or (iv) pursuing an available enforcement action
through any local, state, or federal governmental agency. Other than for small claims court actions, for any disputes not subject to mandatory arbitration pursuant to this arbitration provision,
you agree to submit the dispute to the exclusive jurisdiction of the state or federal courts of the state in which your home club is located for resolution, and you further irrevocably waive any
right you may have to trial by jury in any such, action or proceeding.
C) Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. shall govern the interpretation and enforcement of this arbitration provision. For simplicity and fairness, arbitration will
be conducted on an individual basis before a single arbitrator in accordance with the then current American Arbitration Association’s Consumer Arbitration Rules (“AAA Rules”), available
at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator, and not any local, state, or federal court, shall have the exclusive authority to determine all issues regarding the
interpretation, applicability, and enforcement of this agreement and all issues regarding the arbitrability of the dispute, including but not limited to any claim that all or part of this arbitration
provision is void or voidable. The arbitrator is authorized only to award relief on behalf of the individual parties and only to the extent of their individual claims. The decision of the arbitra-
tor shall be final and the arbitration award enforceable by any court with jurisdiction over the parties. In the event of a conflict between the terms of this arbitration provision and the AAA
Rules, the terms of this arbitration provision shall control unless the arbitrator determines that the application of any inconsistent arbitration provision terms would result in a fundamentally
unfair arbitration. You and Amped Fitness agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any
pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as
may lawfully be required in judicial proceedings relating to the arbitration, compelled by a court of competent jurisdiction following service of a subpoena and prior notice to you, or Amped
Fitness, or as mandated by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. This arbitration provision shall survive termination
of this agreement or your membership with Amped Fitness for any reason.
D) Arbitration Procedures. You, and Amped Fitness agree to attempt initially to solve all disputes subject to arbitration by conducting good-faith, informal negotiations. Before commencing
arbitration, the party seeking arbitration must provide the other party with written notice of the dispute that includes: (i) the name, mailing address, and email and/or phone number of the party
giving notice; (ii) a detailed description of the dispute; and (iii) the relief sought. Your written notice must be sent via certified mail or by any nationally recognized delivery service (e.g. UPS,
Federal Express, etc.), or by hand delivery to either: (A) Amped Fitness, 830 3rd Ave S St Petersburg, FL 33701. Amped Fitness’s written notice will be sent to you via the contact informa-
tion we have in our records for you. You and Amped Fitness agree to use good-faith efforts to attempt to resolve the dispute within thirty (30) days from the date the notice of the dispute is
sent. If you and Amped Fitness do not reach agreement on resolving the dispute within those thirty (30) days, the party seeking arbitration may commence arbitration in accordance with the
AAA Rules. Disputes over $25,000 will be decided through an in-person or telephonic hearing. Any in person arbitration hearings will take place in the county (or other municipality) where
you live, unless you and we both agree to a different location.
E) Arbitration Fees. Amped Fitness will pay, or if applicable, reimburse you for all AAA filing, administration, and arbitrator fees and expenses for any arbitration commenced by you or us.
Notwithstanding the forgoing, nothing herein shall limit the arbitrator’s discretion to allocate compensation, expenses, and fees in accordance with Rule R-44(c) of the AAA Rules.
F) Opt-Out. You may reject this arbitration provision by sending written opt-out notice to us. The opt-out notice must be sent no later than thirty (30) days after you sign this agreement. You
must send written notice via email to arbitration@ampedfitness.com. The opt-out notice must include: (i) your name, (ii) your mailing and email address, and (iii) your request to be excluded
from this mandatory arbitration provision. Your rejection of this arbitration provision shall have no effect on the remaining provisions of this agreement.
SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN ONE (1) MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES
AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/ OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT
REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
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 Amped Fitness and ABC Fitness Solutions, LLC, includingits agents,
affiliates, and vendors, not limited to it’s 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 Amped 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.
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 in the city of your club location and the 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 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.
E-SIGN CONSENT: Certain laws and regulations may require Amped 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 Amped 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 Amped 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 Amped 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 Amped Fitness and/or ABC Fitness Solutions, LLC, and to promptly notify Amped 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 Amped Fitness and/or ABC Fitness Solutions, LLC. To access, view and receive the Documents
electronically, Member agrees and acknowledges that they must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and
supported by Member’s electronic device, (iii) 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 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 Amped 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 Amped Fitness and/or ABC Fitness Solutions, LLC.
Member Initials __________

FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FITNESS SOLUTIONS AT: 1-888-827-9262
abcfitness.com
30206 EAE 20231004
 ADDITIONAL TERMS AND CONDITIONS
1. HOURS OF OPERATION. Hours of operation will be subject to change from time to time, at the Club’s sole discretion, without recourse by the
Member according to periodic postings at the Club. The Club may be closed on holidays at the Club’s sole discretion.
2. CLUB CHECK-IN. Upon entering the Club, all Members are required to present their active membership card, or driver’s license or other government
issued picture identification. use of their facilities or may charge a guest fee for use of the facilities for that day.
3. GUEST PRIVILEGES. All in-town and out-of-town guests will be charged a guest fee of $10.00, which fee is subject to change.
4. EXERCISE CLOTHING. Members are required to wear proper workout attire. No jeans, dress clothes or scrubs. Members are further required to wear
soft soled gym shoes at all times in the exercise area. No flip flops or sandals. No other type of clothing will be permitted without specific approval of
the Club’s manager. Swimsuits are not allowed in the exercise area.
5. EQUIPMENT MALFUNCTIONS. Member understands that the equipment may, from time to time, be out of order. When special factory parts must be
ordered, some units may be out of order for several weeks. When this occurs, the Member agrees to follow a regulated substituted program.
6. UNAVAILABILITY OF FACILITY OR SERVICES. Should the Club or all of the services no longer be available at the location at which member enrolls
due to fire, condemnation, loss of lease, act of God, catastrophe, or sale, the Club will have the right, at its option, to extend the Member’s membership
for a period of time of such unavailability, or at the Club’s option, Member may be transferred to another similar Health Club facility within 5 miles of
the Club address stated on this Agreement.
7. NO CHILDREN ALLOWED WITHIN THE GYM AREA AT ANY TIME. Children shall be allowed only in the child care designated area, if offered.
8. COMPLIANCE WITH RULES AND CONDUCT OF MEMBER. Member agrees to be subject to the control and guidance of the Club staff while on
the premises and will follow instructions of Club personnel. Member agrees to conduct him or herself in a quiet, well-mannered fashion while on the
premises and reserve all criticism of any major kind about other Club members, guests, or Club personnel until in a private office with Club manager.
Member agrees to obey all rules and conditions of membership contained in this Agreement and other rules as published which may vary depending
on the Club location and services offered. The Club may change the rules and conditions of membership without notice at any time. Any such changes
will be published by the Club. At the Clubs sole discretion, the Club reserves the right to revoke or terminate membership if the Member fails to keep
and obey any such rules and regulations.
9. DAMAGE TO FACILITIES. Member agrees to pay an extra charge for damage arising from any careless use of equipment, or dropping of weights,
etc., caused by member.
10. PERSONAL PROPERTY. Members should not bring valuables, including money, onto the Club premises or parking areas. The Club, the entity
owning the Club, and the agents and employees of both shall not be responsible for damaged, lost or stolen articles of clothing or any other personal
property of any member or guest.
11. AMENDING OF RULES. The Club reserves the right to amend, add and/or adopt new rules and conditions at the Club’s sole discretion as it may
deem necessary for the proper management of the Club.
12. WARRANTIES. Member agrees that no warranties, representations or agreements of merchantability, fitness for a particular purpose, or otherwise,
express or implied, were made to Member except for those written therein or in writing, signed by an officer or the corporation owning the Club.
13. MONTHLY MEMBERSHIP FREEZING. The Buyer/Member agrees to pay $5.00 per month freeze fee by the payment method identified by Buyer/
Member at the time of the membership freeze. The Club reserves the right to discontinue the ability to freeze any membership at any time without
notice and without recourse by Member.
14. GUEST PRIVILEGES. Members with a Guest Privileged Membership (VIP or other program named by Amped Fitness) may bring a guest 18 years
of age or older to use the Club during staffed hours while the Member is present in the Club. Guests may not use the Club without checking in and
being present with the Member. Guests must follow all rules and regulations of the Club and may be excluded from some of the Club’s facilities.
Guests may be required to surrender a driver’s license or state issued identification to enter the Club. Members under the age of 18 (eighteen) will
not be allowed to bring a Guest to the Club.
15. SERVICE DESK AREA. No members are allowed behind the service desk.
16. FOOD/BEVERAGE RESTRICTIONS. No alcoholic beverages or controlled substances, including anabolic steroids, are allowed on the premises of
the Club. No food items to be consumed in the facility.
17. WEIGHTS; EQUIPMENT USE. Weight plates must be returned on the weight racks after each use. Please DO NOT lean the weight plates against the
equipment or lay them on the floor or against any walls. Members must rerack weights, spray/wipe down equipment after use and must use equipment
with respect. No slamming cable stacks, weights, launching dumbbells or dropping weights from above the knees. Members will be charged with the
cost of anything broken in the facility that we deem irresponsible behavior.
18. LANGUAGE/HYGIENE. Club policy prohibits all members and guests while on the premises from offensive body odor; loud, foul or slanderous
language; badgering or harassing other members or Club employees, agents and contractors. Threatening or violent conduct is prohibited on Clubs
premises.
19. PERSONAL INFORMATION. Information and material of a personal or private nature that is acquired directly or indirectly from a buyer or Member
including but not limited to, answers to tests or questionnaires, photographs, or background information, may be returned by the seller to the buyer
by regular mail within thirty days after the expiration of the agreement or after the expiration for any reason of the service to be rendered by the Club.
20. WARNING. If you have a history of heart-related disease, you should consult a physician before purchasing a Membership. A person entitled
21. INVALID PROVISION. The provisions of this Agreement are serviceable. If any provision of this Agreement is declared to be void, invalid or
unenforceable, it is the intention all parties to this Agreement that the remainder of the Agreement will remain valid and enforceable.
22. PAYMENT LIABILITY. If more than one Buyer is signing this Agreement, each Buyer is jointly and severally responsible to fully perform all obligations
under this Agreement. It is Buyer’s responsibility to know whether this Agreement is in default for non-payment or any other reason.
23. NO WAVER OF RIGHTS. Club does not waive its rights to have future payments made when due if Club accepts a late or partial payment or delays
the enforcement of its rights on any occasion.
24. MEMBERSHIP ACCESS. Member agrees to not grant access to anyone at any time to the facility. If Member grants access to anyone they agree to
a $50 charge to their account and loss of their membership.
25. ALTERNATIVE PAYMENT METHOD. If you decide to pay your monthly dues by a alternative payment method than what is currently used for your
automatic monthly billing, we must receive your payment by the alternative payment method prior to the next scheduled payment due date.
26. ADDRESS CHANGES. Member agrees to notify the Club of any mailing address changes within 10 days of such change.
27. UNCASHED/REPLACEMENT CHECK FEE. In the event Member does not cash a refund check within 30 days of the issue date, the Club reserves
the right to accrue a $5.00 per month service charge for each and every month thereafter. Additionally, in the event a replacement refund check is
requested by member, for any reason, the accrued and unpaid service charge amount will be deducted before reissuing the replacement refund
check. A $25.00 Stop Payment fee may also be assessed for the termination of the original refund check before issuing the replacement check.
28. REFUNDS. The Processing Fee are non-refundable except as otherwise provided in this Agreement. These fees are not prepaid sum for services; it
merely entitles you to buy services by paying monthly dues and other applicable charges.
29. PHOTO RELEASE. Member hereby agrees to allow Club to use Member’s photos, images or likeness in any photos or videos used by the Club for
marketing.
30. PHOTOGRAPHY. Members cannot film workouts or use photographers in the Club facility without written permission from ownership.
31. LIQUID CHALK. Liquid Chalk may be used but must be cleaned after use. $50 clean fee will be charged to the member per occurrence of leaving
residue. Member agrees to be billed if caught.
32. DRINKS. No drinking containers without lids or straws will be permitted on the floor or cardio equipment. Nothing bigger than a shaker cup shall be
permitted on cardio equipment.
33. MUSIC. No radio, phone or any music playing devices of any kind playing audio outside of headphones.
34. LOCKERS; LOCKER ROOM. Members may use lockers only during their workout and the lock must be removed taken by the Member when leaving
the Club. Any locks left on until the next day will be cut off and locker items will be tossed. Locker room clean up, supplement spills, shaving, makeup,
soap must be cleaned after use.
35. WATER FOUNTAINS. Members shall no not use or put supplements on water drinking fountains.
36. VIP MEMBERS. Only VIP members are able to use bootcamp areas, tanning, multi club access. VIP guests are only permitted to use the main gym
space when VIP members check them in and may not arrive prior to member. VIP guests do not have access to VIP member privileges.
37. NO OUTSIDE PERSONAL TRAINING OF ANY KIND. Membership will be revoked if getting trained by anyone other than an AMPED FITNESS
Personal Trainer and NON AMPED FITNESS TRAINER will be banned from all AMPED FITNESS facilities.
38. KEYTAGS. A complementary barcode keytag for door access will be provided to new members. If the keytag becomes damaged from use, a new one
will be provided free of charge. If it is lost, the replacement cost is $2.