TERMS AND CONDITIONS

WHEREAS, Member, as identified in the herein GameFit HQ App Membership Contract, and GameFit HQ, LLC, an Ohio limited liability company, have agreed to the membership(s) and the term(s), fee(s) and method of payment for such, as indicated in the herein GameFit HQ App Membership Contract;

NOW THEREFORE, for and in consideration of the mutual covenants stated in the herein GameFit HQ App Membership Contract, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to the following terms and conditions:

1. EFT/CC Request.

To the fullest extent permitted by law, you authorize us to initiate separate EFT/CC charges from the account you identify and or any replacement account. (1) Current Balance Due on Initial Payment; (2) your recurring monthly dues payments, both during the Initial Term and thereafter; (3) a return fee of $25 for any EFT/CC charge returned unpaid or for nonsufficient funds; (4) any Termination Fee, if applicable; and (5) any other fee for other services or goods that we provide you from time to time if you instruct us to bill the charge to your account on file, as authorized by you at that time. Authorized EFT/CC payments may be separately initiated or, to the extent permitted by law, combined with other authorized EFT/CC payments. You have the right to receive notice if a preauthorized charge varies from the previous amount. If tax rates change to alter such a charge, including due to transfer of your Membership Contract, you consent to receive notice only if the charge varies by more than 10%, You may cancel your EFT/CC authorization by giving us written notice of termination. It will take effect after we have had sufficient time to allow us and your financial institution, using commercially reasonable efforts, to act on the notice. You agree to give us notice if your billing or account information changes and you authorize us to seek and obtain information about changes in account numbers and status from third parties, such as your bank or our credit card processor. If you decide to change your billing information, a 30-day notice may be required. By signing this Membership Contract, Member acknowledges that Member is of legal age, has received a filled-in and completed copy of this entire Membership Contract, has read, and understood the entire Membership Contract including but not limited to the EFT/CC REQUEST, the Acknowledgement & Assumption of Risk, the Limitation of Liability & Full Release of GameFit HQ, Agreement to Arbitrate and all other terms of this Membership Contract. This Membership Contract constitutes the entire agreement of the parties and no other agreement or understanding exists between Member and GAMEFIT HQ regarding the subject matter of this Membership Contract. GAMEFIT HQ has made no express or implied warranties or representations, other than those expressly set forth in this Membership Contract, to induce Member to enter into this Membership Contract. GAMEFIT HQ recommends that you consult your physician prior to beginning any exercise or weight loss program. Member hereby consents to the use of an electronic signature to record Member's commitment to the terms of this Membership Contract. Member consents to receiving telephone calls from GAMEFIT HQ, its affiliates and business partners, at any telephone number Member indicates, including to receive news of special offers and programs, and for purposes related to Member's account information. Performance of this Membership Contract must begin no later than 180 days from the date this Membership Contract is entered into.

2. Acknowledgment & Assumption of Risk.

Member acknowledges that the services purchased hereunder include participation in strenuous physical activities, including, but not limited to, high intensity interval training, weight training, stationary bicycling, various aerobic conditioning machinery and possible various nutritional programs offered by GameFit HQ (the "Physical Activities"). Member acknowledges these Physical Activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness, or injury however caused occurring during or after Member's participation in the Physical Activities. Member further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, overexertion of Member, slip and fall by Member, or an unknown health problem of Member. Member agrees to assume all risk and responsibility involved with Member's participation in the Physical Activities. Member affirms that Member is in good physical condition and does not suffer from any disability that would prevent or limit participation in physical activities. Member acknowledges participation will be physically and mentally challenging, and Member agrees that it is the responsibility of Member to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of Member to take part in the Physical Activities. By signing this Membership Contract, Member asserts that Member can participate in the Physical Activities. Member agrees to assume all risk and responsibility for Member's exceeding his or her physical limits.

3. Limitation of Liability & Full Release.

Member fully releases GameFit HQ (as used herein, "GameFit HQ" means GameFit, LLC, its affiliates, owners, employees, authorized agents and independent contractors) (the "Releasees") from any and all liability, claims, demands or other actions that Member may have for injuries, disability or death or other damages of any kind, including but not limited to, direct, special, incidental, indirect, punitive or consequential damages, whether arising in tort, contract, or breach of warranty, arising out of participation in the services, including, but not limited to, the Physical Activities, during the Initial Term or any renewal term, even if caused by the negligence or fault of any of the Releasees.

4. Memberships.

(a) Month-to-Month Membership. First and last month's payment due up front. Cancel anytime. See "How to cancel." This membership renews monthly, automatically until cancelled.

(b) Annual Paid-in-full Membership. One-year contract paid-in-full, up front. There is no refund for the cancelation of this membership. This membership renews annually, automatically until cancelled.

(c) Tanning Membership. All tanning only memberships are billed monthly and may be canceled at any time. See "How to cancel." Members are limited to one tanning session per day. Members must provide their own eyewear protection. ONLY 21CFR878.4635 and 21CFR1040.20 approved eyewear and components as listed in the Tables of the Manufacturers Instruction Manual as permitted. Members are encouraged to use UV skin protection. Members must consult a Physician if taking any medications and have regular evaluations for skin cancer when repeatedly exposed to UV radiation. This product must not be used when open wounds or skin lesions are present. This product will not be used by anyone under 18 years of age. Members agree to limit exposure sessions consistent with the instructions in the Skin Type Sensitivities Tables of the manufacturers Instruction Manual. A timer will control the operation of the Tanning Unit. Members will discontinue tanning if experiencing any health concerns, have had skin cancer, or have a family history of skin cancer. Member will resume tanning ONLY with the approval of a Physician. The tanning unit is to be used by ONLY one person at a time. Prior to tanning, the body must be free of cosmetics, tanning lotions, and body lotions. Prior to tanning, members are NOT to remove natural body oil. This membership renews monthly, automatically until cancelled.

(d) Gym + Massage Month-to-month Membership. First and last month's payment due up front. Cancel anytime. See "How to cancel." Member must read and sign Heal Therapies Consent and Release Form before any services rendered. This membership renews monthly, automatically until cancelled.

(e) Group Fitness Month-to-month Membership. 45-minute small group fitness class month-to-month membership. 12 credits per month. Sessions expire after 30 days. Includes gym only access. First and last month down. Cancel anytime. See "How to cancel." This membership renews monthly, automatically until cancelled.

(f) All month-to-month contracts renew monthly, automatically until cancelled. Member must provide notice of cancellation prior to automated invoicing (7 days before billing date). GameFit HQ will not refund an invoice after the billing process has started.

(g) All annual contracts renew annually, automatically until cancelled. Member must provide notice of cancellation prior to automated invoicing (7 days before billing date). GameFit HQ will not refund an invoice after the billing process has started.

5. Air Compression Therapy.

Units must be checked out with a GameFit HQ employee. Users must remain in one of the designated Recovery Recliners during use.

6. Personal Training.

Member must provide notice of cancellation prior to automated invoicing (7 days before billing date). GameFit HQ will not refund an invoice after the billing process has started. Personal Training. Any GameFit HQ member in a Personal Training contract (3 months or longer) will receive a free GameFit HQ gym only access membership while under contract. All Personal Training Contracts with a defined term length roll over to a month-to-month term until cancelled. See your personal training contract for additional information. If you have contracted for Personal Training services, the training services represent a program offered in one-on-one, semi-private, virtual, or group sessions by a trainer, not the services of any specific trainer. GameFit HQ will use its reasonable best efforts to provide the best service possible, acknowledging Member requests (such as trainer gender, age, appointment time, etc.), but does not represent that such requests can be met (and will not be liable if not met); Member must sign-up for a session to attend. Sessions, trainers, workouts, and teachers are not available at all times; scheduled sessions and workout appointments may fill up quickly (especially during peak hours). GameFit HQ may sell all services under different rates and terms. GameFit HQ reserves the right to change, add or discontinue, at any time, any services, the type, or quantity of services available, the classes or equipment offered, and hours of availability. Failure to use any services does not relieve Member of any obligation to pay fees, late charges, and other monies due in full, except as specifically provided in this Membership Contract. Access to sessions becomes available at the rate at which Member makes payments. Your right to access services (including training sessions) expires 30 days after the end of the initial term, or if this Membership Contract continues beyond the initial term, 30 days after completion of that additional period. Except as otherwise provided in this Membership Contract, if sessions (including make-up sessions) are not used within the aforementioned period, or if Member is in default, then Member's right to access services will end. Failure to use the services does not relieve Member of Member's obligations (regardless of circumstances) to pay the fees, late charges, and other monies due under this Membership Contract in full, except as specifically provided in this Membership Contract. Note that a monthly extension to reserve access to unused sessions after the 30-day grace may be purchased at the applicable rate. If you have been provided access to additional sessions, your right to access such additional sessions is provided based on your contractual commitment to complete the initial term and is not earned until you have completed all payments for the initial term. Any additional sessions you use will count against the maximum available sessions otherwise available to you. (i.e., before accounting for additional sessions) if you fail to complete this initial term. I understand that my right to access services expires 30 days after the final payment is processed. I understand that I can purchase a monthly extension of unused services at the applicable rate. I understand that if I have access to one-on-one training sessions, such sessions become available only as I pay for them, and if I fail to show up to a scheduled session without providing at least 24 hours' notice of cancellation, that session will count against my maximum available sessions. Member may purchase any number of sessions in advance with GameFit HQ. You must sign up for each training session and workout. All one-one-one training session cancellations must be made 24 hours in advance. Cancellation requests without 24 hours' notice will be deemed a "no-show"; if Member "no-shows" for a session, that session will count against Member's max available sessions; (if a trainer "no-shows" and there is no other trainer available, GameFit HQ will allow Member to use 1 extra session beyond Member's max available sessions).

7. Health Questionnaire.

Not Medical Advice. Member acknowledges that GameFit HQ does not diagnose health problems, does not provide medical advice nor a substitute for medical attention and GameFit HQ has advised Member to discuss the appropriateness of the services with Member's doctor. The GameFit HQ Health Questionnaire (or any similar questionnaire or assessment), if given to the Member, is nothing more than guidance for deciding Member's goals. The fact that GameFit HQ agrees to provide the services to the Member based on such a questionnaire or assessment and Member's representations is not a medical judgement that Member is medically, physically, or mentally able to receive the services. The services should not replace any dietary restrictions or medical recommendations from Member's doctor. If a Member has a history of heart disease, he or she should consult a physician before joining GameFit HQ services.

8. Cancellation.

GameFit HQ reserves the right to cancel any membership if any terms and conditions of this Membership Contract or other GameFit HQ rules or policies are violated or breached. In accordance with Ohio state law, members have three days from the signup date (not including Sunday) to cancel any membership without penalty. Such a cancellation form will be provided to you. HOW TO CANCEL: To limit your Membership Contract to the required initial term and your payment obligations to the minimum required payment schedule, send a written cancellation notice to info@gamefitnt.com prior to the end of the initial term. If you have not cancelled, your Membership Contract will automatically continue on a monthly basis after the initial term. To cancel after the initial term, send written notification to the e-mail address above. All contracts must be cancelled before any billing process commences (7 days before billing date.) GameFit HQ will not refund an invoice after the billing process has started.

Alternative Performance - Voluntary Termination: If this Membership Contract has an initial term with a minimum required payment schedule, you may also voluntarily terminate this Membership Contract before the end of the initial term by (1) giving written notice of cancellation 7 days prior to recurring draft unless Member is month to month, recommended by email (info@gamefitnt.com) and (2) paying a fee equal to 50% of the remaining balance due through the end of the initial term as of the time of such notice, plus tax (if any) and any other fees incurred, including, but not limited to, any late fees, return fees, collection fees, etc. (the "termination fee").

Additional Rights to Cancellation: (1) If by reason of death or disability Member is unable to receive benefits of the services: or (2) If Member relocates 25 miles or more from GameFit HQ and Member gives GameFit HQ written notice that he or she intends to relocate and requests that this Membership Contract be terminated. This Membership Contract shall be proportionally divided by all of the days in which GameFit HQ was made available to Member as part of this Membership Contract, and Member shall be liable for payments for only that portion of the services offered under this Membership Contract that can be attributed to the period prior to Member's death/disability, Members verified relocation or closure of GameFit HQ of enrollment as provided above (whichever the case may be, and exclusive of any period of time in which the GameFit HQ was made available to Member free of charge as part of this Membership Contract). Within 10 days after receiving notice of the above, GameFit HQ shall return to Member (or Members rep) the amount paid in excess of the proportional amount. Notice regarding any of the above items should be made in writing and delivered to info@gamefitnt.com.

9. Member's Default.

Member will be deemed in default of this Membership Contract upon the failure to comply with any of the terms or conditions of this Membership Contract, including, but not limited to, the obligation to make payments when due. Upon default, Member will not be able to access the services provided in this Membership Contract, including any unused, accrued sessions, and GameFit HQ will have all rights and remedies available, including termination of this Membership Contract and institution of an action for all applicable damages. If GameFit HQ delays or refrains from exercising any rights under this Membership Contract, GameFit HQ does not waive, nor will GameFit HQ lose those rights. If GameFit HQ accepts late or partial payments from Member, GameFit HQ does not waive the right to receive full and timely payments and other charges due under this Membership Contract. Nothing in this Membership Contract precludes or prevents Member from asserting defenses against GameFit HQ based on GameFit HQ's failure to deliver the services in response to any effort by GameFit HQ to collect payments or other sums due under this Membership Contract.

10. Dues.

You agree to pay dues in advance as provided in this Membership Contract. Termination will be effective only if the procedures described in this Membership Contract are followed. Failure to use the services will not relieve you of your payment obligations, regardless of the circumstances, except as provided in this Membership Contract. In no event will this Membership Contract require payments or financing or extend for a period that would give rise to a retail installment contract or be greater than that permitted under the laws of this state. GameFit HQ makes no warranties or representations, express or implied, other than those set forth in this Membership Contract, and your sole and exclusive remedy in the event of any breach of this Membership Contract by GameFit HQ will be cancellation of this Membership Contract (unless otherwise prohibited by law). IN NO EVENT WILL GAMEFIT HQ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. In addition to the dues, fees and charges provided for in this Membership Contract, you agree to pay a $25 services fee for any item or direct charge memo not paid by your financial institution or account when presented for payment by GameFit HQ.

11. Policies:

Appointment Cancelation Policies. 24-hour cancelation policy for all Personal Training appointments. Inside the 24-hour cancelation window, credits / payments will be deducted. 4-hour cancelation policy for all Tanning and Recovery appointments. Inside the 4-hour cancelation window, credits / payments will be deducted.

Guest Policy. All guests must register with a GameFit HQ staff member. GameFit HQ members are prohibited from allowing GameFit HQ access of any kind to an unregistered guest. Failure to comply with this policy will result in an automatic Guest Fee charge of $15 to the card or account on file. The second offense will result in termination of your GameFit HQ contract without refund. One-day pass: $15. One-week pass: $30

Video/Camera Policy. We support photos/videos, but any filming that interferes with or disrupts another member's workout will not be tolerated. Please use common sense and be respectful. Any professional filming or photoshoots must be approved by GameFit HQ staff. Share your pictures and videos with us on Instagram and Facebook @gamefithq!

Theft Policy. GameFit HQ is under 24-hour surveillance. If you suspect you have lost, misplaced, or had an item of your belongings stolen, please report to a GameFit HQ employee immediately. We will do our best to help you, but GameFit HQ IS NOT responsible for any lost, misplaced, or stolen items.

Violation of Policy. Failure to comply with any GameFit HQ policy may result in termination of membership without refund.

12. Posing Room Rules.

1. Be respectful and timely when others are waiting to use the room.

2. Do not leave the Posing Room without proper gym attire.

3. Do not bring any weights or equipment into the Posing Room. Do not remove anything from the Posing Room.

13. GameFit HQ Commandments.

1. Behave with kindness, honor, and respect.

2. Throw away all trash and clean up after yourself.

3. Sanitize equipment after use.

4. Re-rack all weights and put away all equipment.

5. Do not drop weights. Use bumper plates for deadlifting and ground-based power lifting exercises.

6. Do not lean on the dumbbell weight rack. Always stand 3 feet clear of the rack.

7. Personal audio must be contained to headphones.

8. No personal training is allowed unless approved by GameFit HQ management.

9. Follow the camera / video policy.

10. Shirts and shorts must always be worn, unless in the Posing Room or private rooms.

11. Do not take gym equipment into private rooms.

12. Gym bags must be placed tucked away from aisles and common areas.

13. If you do not know how to use a machine, ask the staff for assistance.

14. ALWAYS scan in before entering. All guests must be checked in by a GameFit HQ employee and provided a guest pass.

15. Do not allow entry to any visitor for any reason.

14. Notices:

Unless otherwise provided in this Membership Contract, all notices to GameFit HQ must be in writing and e-mailed to info@gamefitnt.com. A notice should include sufficient information to identify the Member, such as Member name, number, address and or e-mail address; use of a GameFit HQ provided form is recommended. All notices to Member will be emailed to the address member has provided above or to such other address that member agrees to notify GameFit HQ of in writing in accordance with this paragraph.

15. Agreement To Arbitrate.

IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND GAMEFIT HQ ("GAMEFIT HQ" AS USED HEREIN MEANS GAMEFIT HQ, ITS AFFILIATES, OWNERS, EMPLOYEES AND AGENTS), YOU AND GAMEFIT HQ CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR GAMEFIT HQ CLUB, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND GAMEFIT HQ ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND GAMEFIT HQ. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY GAMEFIT HQ IN WRITING INFO@GAMEFITNT.COM WITHIN 30 DAYS OF THE DATE YOU FIRST RECEIVE THIS MEMBERSHIP CONTRACT, STATING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH GAMEFIT HQ BY ARBITRATION. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON'S ACCOUNT IF GAMEFIT HQ IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT

PART, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE ACTION IN COURT.

16. No Refunds or Assignment by Member.

No refunds will be made for services purchased except as specifically provided in this Membership Contract. Member may not sell, assign, or transfer this Membership Contract and any such attempt will be void. This Membership Contract is fully assignable by GameFit HQ.

17. Enforceability.

The parties agree that if any provision or portion of this Membership Contract is declared void and unenforceable, such provision or portion of a provision will be deemed severed from this Membership Contract, which will otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced and/or narrowed in scope or the like, such provision or portion of a provision will be reduced, narrowed and/or the like, and so enforced. Other Terms Unless otherwise provided, the enrollment fee, and any processing fee, are non-refundable. Neither is a prepaid sum for services; they merely entitle you to buy services by paying dues and other applicable charges.

18. Additional Terms.

All information and material of a personal or private nature that is acquired directly or indirectly from a Member including but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by GameFit HQ to the Member by regular mail within thirty days after the expiration of this Membership Contract or after the expiration for any reason of the service to be rendered by GameFit HQ. Member shall not be required to pay more than fifty dollars or ten percent of the total contract price, whichever is the lesser amount, prior to the date on which the facility or service that is the subject of the Membership Contract is available for use by the Member.

19. Governing Law.

This Membership Contract will be governed and enforced in accordance with Ohio law.

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