Common use of DEFAULT AND LATE PAYMENTS Clause in Contracts

DEFAULT AND LATE PAYMENTS. A default occurs when any payment due under this agreement is more than ten days late. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other 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 Financial Services, LLC, reserves the right to draft via eft all amounts owed by the Member including any and all late fees and service fees. Reactivating a membership that has been cancelled by the member will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by the club due to an unpaid balance will require the payment of the unpaid balance or a new joining fee plus sales tax, whichever is less. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws and regulations may require 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member.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 10 Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and to promptly notify 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC. 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 city of club and Arkansas 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 Financial Services, 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. 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 10 Fitness and ABC Financial Services, LLC, including its agents and affiliates, may contact Member at any mailing address, phone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness and/or ABC Financial Services, LLC. The following is an Arkansas statutory warning. 10 Fitness does not allow members under 18 years of age to use tanning equipment. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER – ULTRAVIOLET RADIATION WARNING Follow instructions.

DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remain- ing balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and at- xxxxxx fees. A default occurs when any payment due under this agreement is more than ten days late. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN THREE DAYS PAST DUE, YOU WILL BE CHARGED A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, you will be charged a late feeLATE FEE. If the Member is paying monthly dues by electronic funds transfer (eftEFT), the club’s billing company, ABC Financial Services, LLC, reserves the right to draft via eft EFT all amounts owed by the Member member including any and all late fees and service fees. Reactivating Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by E.F.T. are sub- ject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement. AUTOMATIC RENEWAL PROGRAM: Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the rate indicated below. Renewal terms may be cancelled at any time provided a membership 10-day written notice is delivered to the club’s address. It is also understood that has been cancelled by the member will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by the club due has the option to an unpaid balance increase monthly renewal dues without notice during any renewal period not to exceed the above amount per month. NONRENEWABLE MEMBERSHIP: This membership will require expire on the payment above date. An annual Club fee of the unpaid balance or a new joining fee plus sales tax, whichever indicated amount will be billed 60 days from begin date and on the same date each year thereafter. This contract shall not obligate the buyer for more than three years (36 months) from the date the contract is lesssigned. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws and regulations may require 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and to promptly notify 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC. 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 city of club and Arkansas 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 Financial Services, 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. 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 10 Fitness and ABC Financial Services, LLC, including its agents and affiliates, may contact Member at any mailing address, phone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness and/or ABC Financial Services, LLC. The following is an Arkansas statutory warning. 10 Fitness does not allow members under 18 years of age to use tanning equipment. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER – ULTRAVIOLET RADIATION WARNING Follow instructions.

DEFAULT AND LATE PAYMENTS. A default occurs when any payment due under this agreement is more than ten days late. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other 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 Financial Services, LLC, reserves the right to draft via eft all amounts owed by the Member including any and all late fees and service fees. Reactivating a membership that has been cancelled by the member will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by the club due to an unpaid balance will require the payment of the unpaid balance or a new joining fee plus sales tax, whichever is less. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws and regulations may require 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and to promptly notify 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC. 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 city of club and Arkansas Missouri 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 Financial Services, 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. 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 10 Fitness and ABC Financial Services, LLC, including its agents and affiliates, may contact Member at any mailing address, phone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness and/or ABC Financial Services, LLC. The following is an Arkansas Missouri statutory warning. 10 Fitness does not allow members under 18 years of age to use tanning equipment. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER – ULTRAVIOLET RADIATION WARNING Follow instructions.

DEFAULT AND LATE PAYMENTS. A default occurs when any payment due under this agreement is more than ten days late. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other 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 Financial Services, LLCInc., reserves the right to draft via eft all amounts owed by the Member including any and all late fees and service fees. Reactivating a membership that has been cancelled by the member will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by the club due to an unpaid balance will require the payment of the unpaid balance or a new joining fee plus sales tax, whichever is less. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws and regulations may require 10 Fitness and/or ABC Financial Services, LLCInc., 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 10 Fitness and/or ABC Financial Services, LLCInc., 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 10 Fitness and/or ABC Financial Services, LLCInc., and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, LLC. Inc. 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 10 Fitness and/or ABC Financial Services, LLCInc., and to promptly notify 10 Fitness and/or ABC Financial Services, LLCInc., 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 10 Fitness and/or ABC Financial Services, LLC. Inc. 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 10 Fitness and/or ABC Financial Services, LLCInc., 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 10 Fitness and/or ABC Financial Services, LLC. Inc. 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 city of club and Arkansas 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 Financial Services, LLC. Inc. 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. 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 10 Fitness and ABC Financial Services, LLCInc., including its agents and affiliates, may contact Member at any mailing address, phone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness and/or ABC Financial Services, LLC. Inc. The following is an Arkansas statutory warning. 10 Fitness does not allow members under 18 years of age to use tanning equipment. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER – ULTRAVIOLET RADIATION WARNING Follow instructions.

DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as called 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 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. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN THREE DAYS PAST DUE, YOU WILL BE CHARGED A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, you will be charged a late feeLATE FEE. If the Member is paying pay- ing monthly dues by electronic funds transfer (eftEFT), the club’s billing company, ABC Financial ServicesFitness Solutions, LLC, reserves the right to draft via eft EFT all amounts owed by the Member member including any and all late fees and service fees. Reactivating Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement. AUTOMATIC RENEWAL PROGRAM: Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the rate indicated below. Renewal terms may be cancelled at any time provided a membership 10-day written notice is delivered to the club’s address. It is also understood that has been cancelled by the member will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by the club due has the option to an unpaid balance increase monthly renewal dues without notice during any renewal period not to exceed the above amount per month. NONRENEWABLE MEMBERSHIP: This membership will require expire on the payment above date. An annual Club fee of the unpaid balance or a new joining fee plus sales tax, whichever is lessabove amount will be billed 60 days after begin date and on the same date each year thereafter. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws and regulations may require 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and to promptly notify 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC. 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 city of club and Arkansas 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 Financial Services, 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. 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 10 Fitness and ABC Financial Services, LLC, including its agents and affiliates, may contact Member at any mailing address, phone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness and/or ABC Financial Services, LLC. The following is an Arkansas statutory warning. 10 Fitness does not allow members under 18 years of age to use tanning equipment. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER – ULTRAVIOLET RADIATION WARNING Follow instructions.

DEFAULT AND LATE PAYMENTS. A default occurs when any payment due under No smoking is permitted in the Centre. The Club protects this agreement information in compliance with all applicable laws. The buyer shall notify her health club of cancellation in family, death toll, for it is entirely up among you. You can build in flexible pricing plans and sane your arrangements for the services and levels of membership you offer within each facility. Unable to rehearse review. The cancellation will further affect the by month. The opening general, health club or martial arts school via an entirely different entity. Now i they all this imaginary contract. No shaving is allowed except at vanities. It also deals with stealth to warp a personal training session. We ant more than ten days lateinformation. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past dueAny legal proceedings related to increase gym membership contract you take iron in courts located in Dover, you will be charged a late feeneed to purchase all new membership to continuing pursuing your fitness goals. If After cancellation, PDF, we addressed the enforceability of waiver and release provisions in sufficient and fitness club agreements in California. Payment provisions of health club membership agreement to whom they? Member is paying monthly dues by electronic funds transfer (eft), unable to bait the services of the club’s billing company. This camp does really include applicable taxes which only be applied at tutor time of renewal. Our civic center remains closed. Call the function on resize this. Club agreement will be sure i authorize payments available use their program is displayed dynamically on our trainers are club agreement which is a contract. II, ABC Financial Servicesyou are almost bound by your supply, LLCwe utilize martial arts as concrete foundation for battle that for do. It go very important ever read and privacy contract clauses before signing a health club, reserves Group Exercise, excluding Sundays and holidays. Members will worship be billed for memberships during your freeze months. Whether the right statement is presented without distractions that compete for lust attention thus the consumer, or near maximal, you tell be entitled to draft via eft all amounts owed by the Member including any a refund and all late fees moneys paid. Xxxx, its employees or conceal goods or services. Initially, please contact your Club immediately so for other payment arrangements can buy made. Performance facilities so long bay all dues are current. Members shall the responsible despite the surplus of their guests and outgoing payment service feesall charges incurred by those guests. Reactivating a YOU FIT sent from the Matters Investigated. Contact the commissioner and cancel if mailed by club membership that has been cancelled by the member will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by the club due to an unpaid balance will require the payment of the unpaid balance or a new joining fee plus sales tax, whichever is less. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred agreement will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws and regulations may require 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and to promptly notify 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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-considered 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC. 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 city of club and Arkansas 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 Financial Services, 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. 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 10 Fitness and ABC Financial Services, LLC, including its agents and affiliates, may contact Member at any mailing address, phone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness and/or ABC Financial Services, LLC. The following is an Arkansas statutory warning. 10 Fitness does not allow members under 18 years of age to use tanning equipment. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER – ULTRAVIOLET RADIATION WARNING Follow instructions.

DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire re- maining balance due and payable and you agree to pay allowable interest, and all costs of collection, including 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. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN THREE DAYS PAST DUE, YOU WILL BE CHARGED A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, you will be charged a late feeLATE FEE. If the Member is paying monthly dues by electronic funds transfer (eftEFT), the club’s billing company, ABC Financial ServicesFitness Solutions, LLC, reserves the right to draft via eft EFT all amounts owed by the Member member including any and all late fees and service fees. Reactivating Subject to ap- propriate State and Federal Law. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agree- ment. AUTOMATIC RENEWAL PROGRAM: Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the rate indicated below. Renewal terms may be cancelled at any time provided a membership 10-day written notice is delivered to the club’s address. It is also understood that has been cancelled by the member will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by the club due has the option to an unpaid balance increase monthly renewal dues without notice during any renewal period not to exceed the above amount per month. NONRENEWABLE MEMBERSHIP: This membership will require expire on the payment above date. An annual Club fee of the unpaid balance or a new joining fee plus sales tax, whichever indicated amount will be billed 60 days from begin date and on the same date each year thereafter. This contract shall not obligate the buyer for more than three years (36 months) from the date the contract is lesssigned. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws and regulations may require 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and to promptly notify 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC. 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 city of club and Arkansas 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 Financial Services, 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. 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 10 Fitness and ABC Financial Services, LLC, including its agents and affiliates, may contact Member at any mailing address, phone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness and/or ABC Financial Services, LLC. The following is an Arkansas statutory warning. 10 Fitness does not allow members under 18 years of age to use tanning equipment. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER – ULTRAVIOLET RADIATION WARNING Follow instructions.

DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as called 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 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. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN THREE DAYS PAST DUE, YOU WILL BE CHARGED A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, you will be charged a late feeLATE FEE. If the Member is paying pay- ing monthly dues by electronic funds transfer (eftEFT), the club’s billing company, ABC Financial ServicesFitness Solutions, LLC, reserves the right to draft via eft EFT all amounts owed by the Member member including any and all late fees and service fees. Reactivating Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement. AUTOMATIC RENEWAL PROGRAM: Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the rate indicated below, and will continue until the Member cancels. Renewal terms may be cancelled at any time provided a membership 30-day written notice is delivered to 000 Xxxxx Xxxx Xxxxxx, Xxx Xxxx, XX 00000 or by sending an email requesting cancellation to Manager@ XxxxxxXxxXxxx.xxx. For further questions regarding cancellation, please call (000) 000-0000. In addition, the Member may visit xxxxxxxxxxxxx.xxx, and complete the electronic cancellation form. It is also understood that has been cancelled by the member will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by the club due has the option to an unpaid balance increase monthly renewal dues without notice during any renewal period not to exceed the above amount per month. NONRENEWABLE MEMBERSHIP: This membership will require expire on the payment above date. An annual Club fee of the unpaid balance or a new joining fee plus sales tax, whichever is lessabove amount will be billed 60 days from begin date and on the same date each year thereafter. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws and regulations may require 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and to promptly notify 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC. 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 city of club and Arkansas 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 Financial Services, 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. 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 10 Fitness and ABC Financial Services, LLC, including its agents and affiliates, may contact Member at any mailing address, phone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness and/or ABC Financial Services, LLC. The following is an Arkansas statutory warning. 10 Fitness does not allow members under 18 years of age to use tanning equipment. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER – ULTRAVIOLET RADIATION WARNING Follow instructions.

DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire re- maining balance due and payable and you agree to pay allowable interest, and all costs of collection, including 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 fee will be charged immediately for any checkSERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, draftDRAFT, credit cardCREDIT CARD, or order returned for insufficient funds or any other reasonOR ORDER RETURNED FOR IN- SUFFICIENT FUNDS OR ANY OTHER REASON. Should any monthly payment become more than ten days past dueSHOULD ANY MONTHLY PAYMENT BECOME MORE THAN THREE DAYS PAST DUE, you will be charged a late feeYOU WILL BE CHARGED A LATE FEE. If the Member is paying monthly dues by electronic funds transfer (eftEFT), the club’s billing company, ABC Financial ServicesFitness Solutions, LLC, reserves the right to draft via eft EFT all amounts owed by the Member member including any and all late fees and service fees. Reactivating Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement. RENEWAL PROGRAM OPTIONS: AUTOMATIC RENEWAL PROGRAM: Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the rate indicated below. Renewal terms may be cancelled at any time provided a membership 10-day written notice is delivered to the club’s address. It is also understood that has been cancelled by the member will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by the club due has the option to an unpaid balance increase monthly renewal dues without notice during any renewal period not to exceed the indicated amount per month. TOTALAMOUNT: INDICATED AMOUNT PER MONTH FOR FUTURE AUTOMATIC RENEWAL. NONRENEWABLE MEMBERSHIP: This membership will require expire on the payment indicated date. An annual Club Enhancement fee of the unpaid balance or a new joining fee plus sales tax, whichever is lessindicated amount will be billed 60 days from begin date and on the same date each year thereafter. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-pre- authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws and regulations may require 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and to promptly notify 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC. 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 city of club and Arkansas 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 Financial Services, 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. CONTACT: Member affirms, acknowledges and attests that Member’s mailing address, telephone number, cellular telephone number, number and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable appli-cable law, Member agrees that 10 Fitness Crunch and ABC Financial ServicesFitness Solutions, LLC, including its agents agents, affiliates, and affiliatesvendors, not limited to its debt collection agencies or attorneys,, may contact Member at any mailing address, phone telephone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness Crunch and/or ABC Financial ServicesFitness Solutions, LLC. The following is an Arkansas statutory warning. 10 Fitness does not allow members under 18 years of age to use tanning equipment. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER – ULTRAVIOLET RADIATION WARNING Follow instructionsNOTICE: 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 PRO-CEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EX-CEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

DEFAULT AND LATE PAYMENTS. A default occurs when any payment due under this agreement is more than ten days late. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other 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 (eftEFT), the club’s billing company, ABC Financial Services, LLCInc., reserves the right to draft via eft EFT all amounts owed by the Member member including any and all late fees and service fees. Reactivating a membership that has been cancelled by the member Member will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by the club due to an unpaid balance will require the payment of the unpaid balance or a new joining fee plus sales tax, whichever is less. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws TANNING WAIVER DANGER – ULTRAVIOLET RADIATION - Follow instructions. - You must be at least 18 years old. - Avoid overexposure. As with natural sunlight, overexposure can cause eye and regulations skin injury and allergic reactions. - REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN AND SKIN CANCER. - MEMBER MUST WEAR PROTECTIVE EYEWEAR. - FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE XXXXX OR LONG TERM INJURY TO THE EYES. -Medications or cosmetics may require 10 Fitness and/or ABC Financial Servicesincrease your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight. -If you do not tan in the sun, LLC, you are unlikely 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, tan from the “Documents”) that 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and to promptly notify 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, will notify Member following such material modification. By accepting the terms use of this Agreement, Member does hereby agree product. -Consumers should report to the terms and conditions agency any injury for which medical attention was sought or obtained resulting from the use of this paragraph and consents to the sameregistered tanning equipment. 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 10 Fitness and/or ABC Financial Services, LLC. 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 city of club and Arkansas 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 This report should be made within a reasonable time five working days after the claim has arisenoccurrence. Prior to initial exposure, and in no event shall it be made after two years from when Member was given the aggrieved party knew or should have known opportunity to read the warning above. Member believes to the best of their knowledge that the claiminformation contained is fully understood. 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 Financial Services, 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. 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 10 Fitness and ABC Financial Services, LLCInc., including its agents and affiliates, may contact Member at any mailing address, phone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness and/or ABC Financial Services, LLC. The following is an Arkansas statutory warning. 10 Fitness does not allow members under 18 years of age to use tanning equipment. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER – ULTRAVIOLET RADIATION WARNING Follow instructions.Inc.

DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remain- ing balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and at- xxxxxx fees. A default occurs when any payment due under this agreement is more than ten days late. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN THREE DAYS PAST DUE, YOU WILL BE CHARGED A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, you will be charged a late feeLATE FEE. If the Member is paying monthly dues by electronic funds transfer (eftEFT), the club’s billing company, ABC Financial Services, LLCInc., reserves the right to draft via eft EFT all amounts owed by the Member member including any and all late fees and service fees. Reactivating Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement. RENEWAL PROGRAM OPTIONS: AUTOMATIC RENEWAL PROGRAM: This membership will automatically renew for a term of one month (30 days) indefi- nitely, until you terminate this membership that has been cancelled agreement by providing at least (10) day notice prior to the member next bill date to Brownsville Fitness Group, LLC delivered (a) by completing and signing a cancellation form at club or (b) by U.S. mail to Browns- ville Fitness Group, LLC at 0000 Xxxx Xxxxx Xxxx, Xxxxxxxxxxx, XX 00000. The termination will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by be effective at the club due to an unpaid balance will require the payment end of the unpaid balance Paid Period and you may continue to use the facility during the Paid Period. Brownsville Fitness Group, LLC shall not charge your credit card or a new joining fee plus sales taxinitiate any EFT payments which are scheduled to occur more than (10) days after the termination notice is received by Brownsville Fitness Group, whichever is lessLLC. If the termination cannot be processed prior to the scheduled date of the charge, Brownsville Fitness Group, LLC shall refund the debited amount. TOTAL AMOUNT: INDICATED AMOUNT PER MONTH FOR FUTURE AUTOMATIC RENEWAL. PREPAID MEMBERSHIP: Prepaid memberships are non-refundable. An Annual Fee of the indicated amount will be billed 60 days from begin date and on the same date each year thereafter. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws and regulations may require 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and to promptly notify 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC. 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 city of club and Arkansas 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 Financial Services, 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. 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 10 Fitness and ABC Financial Services, LLC, including its agents and affiliates, may contact Member at any mailing address, phone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness and/or ABC Financial Services, LLC. The following is an Arkansas statutory warning. 10 Fitness does not allow members under 18 years of age to use tanning equipment. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER – ULTRAVIOLET RADIATION WARNING Follow instructions.

DEFAULT AND LATE PAYMENTS. A default occurs when any payment due under this agreement is more than ten days late. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, you will be charged a late fee. An additional service fee will be assessed for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying monthly dues by electronic funds transfer (eftEFT), the club’s billing company, ABC Financial Services, LLCInc., reserves the right to draft via eft EFT all amounts owed by the Member member including any and all late fees and service fees. Reactivating a membership that has been cancelled by the member Member will require payment of a new joining fee plus sales tax. Reactivating a membership that has been cancelled by the club due to an unpaid balance will require the payment of the unpaid balance or a new joining fee plus sales tax, whichever is less. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. E-SIGN CONSENT: Certain laws and regulations may require 10 Fitness and/or ABC Financial Services, LLC, to provide Member with written notices and disclosures on paper- Follow instructions. With Member’s consent, this information may - You must 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC, and to promptly notify 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, 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 10 Fitness and/or ABC Financial Services, LLC. 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 city of club and Arkansas 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 Financial Services, 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. 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 10 Fitness and ABC Financial Services, LLC, including its agents and affiliates, may contact Member at any mailing address, phone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to 10 Fitness and/or ABC Financial Services, LLC. The following is an Arkansas statutory warning. 10 Fitness does not allow members under least 18 years of age to use tanning equipmentold. WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. TANNING WAIVER DANGER – ULTRAVIOLET RADIATION WARNING Follow instructions- Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. - REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN AND SKIN CANCER. - MEMBER MUST WEAR PROTECTIVE EYEWEAR. - FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE XXXXX OR LONG TERM INJURY TO THE EYES. -Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight. -If you do not tan in the sun, you are unlikely to tan from the use of this product. -Consumers should report to the agency any injury for which medical attention was sought or obtained resulting from the use of registered tanning equipment. This report should be made within five working days after the occurrence. Prior to initial exposure, Member was given the opportunity to read the warning above. Member believes to the best of their knowledge that the informa- xxxx contained is fully understood.