APEX sim - SPECTATOR

This Gym Non-Member Agreement (together with the Additional Membership Terms and Conditions attached hereto and the Rules and Regulations, this “Agreement”) is entered into between Austin Elite Fitness LLC, a Delaware limited liability company, d/b/a THIS Gym (“THIS Gym”) and the individual signing the signature page hereto (“I,” “you,” or “Guest”) and is effective as of the “Membership to Begin on” date specified below (the “Effective Date”). This Agreement is made because the guest wishes to receive and THIS Gym wishes to provide use of THIS Gym’s facilities located at 121 Pickle Street, Suite 100, Austin, TX 78704 (the “Facility”).

STRUCTURE OF MY RELATIONSHIP WITH THIS Gym. In addition to any other agreements or policies that may apply to a particular product or service, the general rights of Guest to use the Facility and THIS Gym’s services and products are at all times subject to the terms of the following documents, which are subject to change at any time in THIS Gym’s sole discretion with no notice or any notice that may be required by law.

a. This Agreement. This Agreement establishes terms pursuant to which I may use the Facilities. This Agreement establishes terms pursuant to which you may use THIS Gym’s premises and services, including without limitation assumption of risk, waiver of liability, defense and indemnification, and binding arbitration provisions.

b. Club Policies. The Club Policies, including, but not limited to, the Guest & Club Policies, the Terms of Use and the Privacy Policy, establish policies, procedures, rules, regulations and other terms applicable to you. THIS Gym’s Club Policies are located on or referenced within its public website, thisgymatx.com. I agree that it is my responsibility to know and follow the most current Club Policies, including policies that apply to THIS Gym’s privacy practices, some of which are state specific, including information we collect and your rights relating to that information.

NOTICE. All notices under this Agreement must be sent via certified or registered mail, return receipt requested, postage prepaid, to 121 Pickle Street, Suite 100, Austin, TX 78704, with a copy via certified or registered mail, return receipt requested, postage prepaid, to P.O. Box 1243, Attn: Austin Elite Fitness LLC, Alexandria, VA 22313.

ACKNOWLEDGEMENT. By signing this Agreement, I acknowledge and represent that i have read and understand the Agreement in its entirety, including the indemnifications and waivers of liability, I am at least eighteen (18) years of age and fully competent; I have given up considerable future legal rights; and I have executed this Agreement freely and voluntarily, without inducement, promise or guarantee being communicated to me. By signing this Agreement, you are consenting to use of your electronic signature to record your commitment to the Agreement in lieu of an original signature on paper and agreeing to the receipt of electronic communications. You have the right at any time to obtain a paper copy of the agreement(s).

Description of Services. This Agreement entitles you to access the facility designated above during business hours. This Agreement provides you with access to cardiovascular, strength, and conditioning equipment. It may also provide you with access to certain exercise classes if available at the facility.

Rules, Regulations and Schedules. You agree to abide by the rules, regulations, and schedules of THIS Gym, which may be posted at a facility or online, and which may be amended from time to time in THIS Gym’s sole discretion (collectively, the “Rules and Regulations”).

Refunds. You are not entitled to a refund for any reason. All amounts paid by you to THIS Gym are non-refundable.

Credit Card Surcharge. Unless otherwise prohibited by law, I understand and acknowledge that THIS Gym may impose and collect a surcharge each time my credit card is charged. The surcharge amount shall not be greater than THIS Gym’s actual cost of acceptance of the credit card or any applicable maximum amount, whichever is less, or an amount as determined by specific state law provisions. I further understand that debit cards do not incur any surcharge, and that I may change a payment method from a credit card to a debit card at any time in person at a THIS Gym.

RISKS

Indemnification. To the fullest extent permissible under applicable law, Guest shall hold harmless, indemnify, and defend THIS Gym and its officers, managers, members, employees, agents, affiliates, successors, and permitted assigns (collectively, the “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees (collectively, “Losses”), that are incurred by an Indemnified Party, arising out of or related to any claim alleging: (a) breach or non-fulfillment of any provision of this Agreement by Guest and (b) any bodily injury, death of any person, or damage to real or tangible personal property caused by the acts or omissions of Guest or its guests. The provisions of this Section are intended to and shall survive termination of this Agreement.

Health Representation. I represent that I am in good health and have no disability, impairment, injury, disease, or ailment preventing me from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. I assume full responsibility for my use of an THIS Gym facility and shall hold harmless, indemnify, and defend the Indemnified Parties against any and all Losses arising out of my use of the facilities except as otherwise set forth in this Agreement or to the extent permissible by applicable law. Physical examinations by your physician are recommended before commencing any exercise program, and especially for individuals who are at risk, including, but not limited to, elderly or pregnant members, or members unaccustomed to physical exertion, or who have physical limitations, a history of high blood pressure, heart problems, or other chronic illnesses, or members who have a history of heart disease.

Assumption of Risk. You acknowledge that engaging in exercise and the use of exercise equipment, THIS Gym’s facilities, services, instruction, and programs involves an inherent risk of personal injury. You voluntarily agree to assume all risks and accept sole responsibility for any injury, including, but not limited to, property, personal injury, disability, or death), illness, disease, damage, loss, claim , liability or expense of any kind, to you, your children or unborn children, or guests, in connection with your participation in or use of THIS Gym facilities, products, services, activities, or events. The provisions of this section are intended to and shall survive termination of this Agreement.

Waiver of Liability and Release. In consideration for the ability to access and use THIS Gym’s facilities, you hereby waive, release, discharge, covenant not to sue, and hold harmless, the Indemnified Parties of and from any and all losses arising out of or in connection with your use of THIS Gym’s facilities that you may have against the Indemnified Parties (and the indemnified parties shall not be liable to you, your spouse, children, unborn children, other family members, guests or invitees). The waivers and releases hereunder expressly include, without limitation: (a) in-person or virtual activities and instruction at or outside a facility; (b) injuries arising from use of any exercise equipment and machines; (c) injuries arising from group exercise, personal training, or participation in activities, events, and programs; (d) injuries, disease, infection or medical disorders resulting from exercising inside or outside of any facility, including, without limitation contagious diseases, heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged, muscles, ligaments or tendons; (e) accidental injuries within or outside of any facility, including pools, locker rooms, saunas, showers, parking lots or in ingress or egress in any facility; (vi) injuries to, loss or theft of property; and (f) injuries arising from transmission, storage, or use of fitness services information. Further, the waivers and releases hereunder expressly include injuries arising from the Indemnified Parties’ negligence, whether direct or indirect, active or passive, including relating to (i) inspection or maintenance of equipment, premises, or facilities, (ii) virtual or in-person instruction (i.e., personal training and group fitness) wherever conducted, and (iii) hiring or retention of employees. To the fullest extent allowable under applicable law, you also waive all claims against the Indemnified Parties that you may have under the state consumer protection statutes. The provisions of this section are intended to and shall survive termination of this Agreement.

Waiver, Release, Assumption of Risk, Indemnity, and Limitation of Liability; Sauna Use. In consideration for the ability to access and use THIS Gym’s premises, facilities, equipment, services, activities, classes, training sessions, programs, amenities, locker rooms, showers, pools, parking areas, ingress and egress areas, and related offerings, including any sauna, steam room, infrared sauna, hot room, heated recovery area, or similar heat-based amenity made available by THIS Gym, whether located on or off THIS Gym’s Premises (collectively, “Gym Use”), you knowingly, voluntarily, and expressly agree to the terms of this Section.

For purposes of this Section, “Sauna Use” means any access to, entry into, presence in or around, or use of any sauna, steam room, infrared sauna, hot room, heated recovery area, or similar heat-based amenity, including any benches, doors, floors, walls, heating elements, controls, timers, buckets, ladles, stones, vents, fixtures, or other related equipment, surfaces, or areas.

You acknowledge and agree that Gym Use, including Sauna Use, involves inherent, known, unknown, obvious, and non-obvious risks that cannot be eliminated entirely. These risks include, without limitation, personal injury, bodily injury, illness, disease, infection, disability, death, property damage, theft, loss, and other harm. With respect to Sauna Use specifically, you acknowledge that risks include, without limitation, dehydration, dizziness, fainting, nausea, heat exhaustion, heat stress, heat stroke, hyperthermia, burns, scalding, skin irritation, respiratory distress, aggravation of existing medical conditions, changes in blood pressure, abnormal heart rhythm, heart attack, stroke, pregnancy-related risks, slips, trips, falls, contact with hot surfaces, contact with other users, exposure to cleaning products, exposure to communicable diseases, equipment malfunction, and injury arising from entering, exiting, sitting, standing, lying down, or moving within or around the sauna area.

You are solely responsible for determining whether you are physically and medically able to participate in Gym Use, including Sauna Use. You should consult a physician before using any sauna if you are pregnant, may be pregnant, elderly, under medical care, taking medication, have a history of heart disease, high or low blood pressure, circulatory problems, diabetes, respiratory conditions, seizure disorders, fainting, heat sensitivity, dehydration, alcohol or drug use, or any other condition that may be affected by heat exposure. You agree not to use any sauna while under the influence of alcohol, illegal drugs, impairing medication, or any substance that may affect your judgment, balance, coordination, hydration, heart rate, blood pressure, or ability to safely tolerate heat.

You agree to comply with all posted rules, warnings, time limits, instructions, policies, and directions relating to Sauna Use. You agree to immediately discontinue Sauna Use and exit the sauna if you feel lightheaded, dizzy, faint, nauseated, overheated, short of breath, weak, uncomfortable, disoriented, or otherwise unwell. You agree not to tamper with sauna equipment, controls, timers, thermostats, sensors, heating elements, stones, vents, doors, or safety devices; pour water, oils, fragrances, chemicals, or any other substance on sauna equipment unless expressly permitted by posted rules; block vents; use glass containers; shave, groom, exercise, stretch in a manner that endangers others, sleep, or engage in unsafe conduct in or around the sauna; or use the sauna in any manner inconsistent with posted rules or THIS Gym’s instructions.

To the fullest extent permitted by applicable law, you hereby waive, release, discharge, covenant not to sue, and hold harmless THIS Gym and its direct and indirect owners, members, managers, officers, directors, employees, representatives, agents, contractors, vendors, service providers, insurers, landlords, affiliates, successors, and assigns, and any other persons or entities designated as indemnified or released parties under this Agreement (collectively, the “Indemnified Parties”), from and against any and all claims, demands, actions, causes of action, liabilities, losses, damages, judgments, settlements, fines, penalties, costs, expenses, and attorneys’ fees, whether known or unknown, suspected or unsuspected, fixed or contingent, and whether arising in contract, tort, statute, equity, or otherwise, arising out of or relating to Gym Use, including Sauna Use.

The waivers and releases in this Section expressly include, without limitation, claims arising out of or relating to: (a) in-person or virtual activities, instruction, training, classes, programs, challenges, competitions, demonstrations, workshops, promotional activities, member activities, special activities, or other offerings at or outside any facility; (b) use of exercise equipment, machines, free weights, mats, turf, recovery areas, locker rooms, showers, pools, saunas, steam rooms, parking lots, sidewalks, entrances, exits, and common areas; (c) group exercise, personal training, open-gym use, recovery services, or participation in any class, training session, program, challenge, competition, demonstration, workshop, promotional activity, member activity, special activity, or other offering; (d) injuries, disease, infection, medical events, or medical disorders resulting from exercise, exertion, recovery, heat exposure, Sauna Use, or use of any facility or amenity, including contagious diseases, heart attacks, strokes, heat stress, heat exhaustion, heat stroke, dehydration, fainting, burns, sprains, broken bones, torn or damaged muscles, ligaments, or tendons, and aggravation of preexisting conditions; (e) accidental injuries within or outside any facility, including in pools, locker rooms, saunas, steam rooms, showers, parking lots, sidewalks, and ingress or egress areas; (f) injuries to, loss of, theft of, or damage to property; (g) injuries or losses arising from transmission, storage, disclosure, or use of fitness, health, account, payment, or services information; and (h) any decision by THIS Gym or its personnel to provide, not provide, summon, delay, or assist in arranging medical, emergency, or other assistance.

The waivers and releases in this Section expressly include claims arising from or relating to the negligence of any Indemnified Party, whether direct or indirect, active or passive, including negligence relating to: (i) inspection, maintenance, cleaning, repair, operation, supervision, design, layout, or condition of equipment, premises, facilities, amenities, saunas, steam rooms, locker rooms, showers, floors, doors, benches, heating elements, timers, thermostats, controls, warning signs, or safety devices; (ii) virtual or in-person instruction, personal training, group fitness, recovery services, classes, programs, challenges, competitions, demonstrations, workshops, promotional activities, member activities, special activities, or other offerings, wherever conducted; (iii) hiring, training, supervision, retention, or conduct of employees, contractors, trainers, instructors, agents, or representatives; (iv) enforcement or non-enforcement of rules, policies, warnings, posted instructions, or time limits; and (v) acts or omissions relating to medical events, emergency response, first aid, or assistance. Nothing in this Section is intended to release or waive claims that cannot be released or waived under applicable law.

You further agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims, demands, actions, causes of action, liabilities, losses, damages, judgments, settlements, fines, penalties, costs, expenses, and attorneys’ fees arising out of or relating to: (a) your Gym Use, including Sauna Use; (b) your breach of this Agreement or any THIS Gym rule, policy, posted warning, or instruction; (c) your negligence, willful misconduct, or violation of applicable law; (d) your misuse of any premises, facility, amenity, equipment, sauna, steam room, locker room, shower, product, service, activity, class, program, challenge, competition, demonstration, workshop, promotional activity, member activity, special activity, or other offering; (e) your failure to comply with sauna rules, time limits, health warnings, posted instructions, or staff directions; (f) any injury, illness, death, property damage, disruption, cleanup, contamination, or other harm caused by you; or (g) any Gym Use, including Sauna Use, by any guest, minor, family member, invitee, or other person who enters, uses, or participates through or under your membership, account, invitation, authorization, supervision, or permission.

To the fullest extent permitted by applicable law, the Indemnified Parties shall not be liable to you, your spouse, children, unborn children, heirs, executors, administrators, legal representatives, family members, guests, invitees, successors, or assigns for any claim, loss, injury, illness, death, property damage, theft, expense, or other damage arising out of or relating to Gym Use, including Sauna Use. Without limiting the foregoing, the Indemnified Parties shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, enhanced, or similar damages; emotional distress; loss of enjoyment; lost profits; lost income; loss of use; medical costs; emergency-response costs; ambulance charges; hospital, physician, rehabilitation, or treatment expenses; or other consequential or non-economic damages, even if an Indemnified Party has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the total aggregate liability of the Indemnified Parties for any and all claims arising out of or relating to Gym Use, including Sauna Use, this Agreement, your membership, or access to THIS Gym’s facilities shall not exceed the amounts actually paid by you to THIS Gym during the twelve months preceding the event giving rise to the claim. If you have paid no amounts to THIS Gym during that period, the total aggregate liability of the Indemnified Parties shall not exceed One Hundred Dollars ($100.00). The limitations in this Section apply regardless of the theory of liability, whether based in contract, tort, negligence, premises liability, statute, equity, strict liability, or otherwise.

To the fullest extent permitted by applicable law, you waive all claims against the Indemnified Parties under any state consumer protection, unfair trade practices, deceptive trade practices, or similar statute arising out of or relating to Gym Use, including Sauna Use, except to the extent such waiver is prohibited by applicable law.

The provisions of this Section are intended to be as broad and inclusive as permitted by applicable law. If any portion of this Section is held invalid, unenforceable, or overbroad, that portion shall be modified and enforced to the fullest extent permitted by applicable law, and the remaining provisions shall remain in full force and effect. The provisions of this Section shall survive termination, cancellation, suspension, or expiration of this Agreement, your membership, and your access to THIS Gym’s facilities.

Medical Disclaimer. You have been informed and acknowledges that the Indemnified Parties have made no claims as to medical results that can or may be obtained through use of any THIS Gym facility. No Indemnified Party has suggested nor will it suggest any medical treatment to members. Only licensed medical professionals are qualified to give medical advice. You represent that there are no medical or physical condition that would preclude the use of THIS Gym’s facilities and you further represent that you have not been instructed by any physician not to use THIS Gym’s facilities or any similar facility. The provisions of this Section are intended to and shall survive termination of this Agreement.

Loss of Property. THIS Gym shall not be liable to you, your guests or invitees for any personal property that is damaged, lost or stolen while on or around THIS Gym premises or at an off-site services location including but not limited to, a vehicle or its contents or property left in a locker. You shall be liable to THIS Gym for any damage to THIS Gym facilities and any equipment, furniture or fixtures located thereon caused by you, your guests or invitees. THIS Gym does not hold personal property of any kind; any unclaimed items will be discarded.

Spotting. THIS Gym recommends spotting by another person when using any free weights and you assume all risks associated with the failure to use a spotter.

OTHER AGREEMENTS

Members and Guests Rules. You shall abide by the Rules and Regulations and any amendments and/or modifications thereto which may be made from time to time at THIS Gym’s sole discretion.

Pets. Pets (excluding service animals) and bicycles are not permitted in or around a THIS Gym facility.

Dress Code. Proper athletic attire is required. THIS Gym reserves the right to make the final determination in its sole discretion with regard to appropriate attire. Any member who is not property dressed may be excluded from the premises until properly dressed.

Independent Contractors. From time to time, THIS Gym may make the services of independent contractors available to you. THIS Gym does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to you for any period of time.

Change in Facilities and Operating Hours. THIS Gym reserves the right to temporarily close THIS Gym’s facilities for special events, competitions, and private functions. In addition, as a result of repair, renovations, maintenance, or special occasions, THIS Gym may restrict the use of or temporarily close one or more THIS Gym facilities or halt an activity from time to time. There will be no reduction, suspension, abatement, or apportionment of fees or other charges for such events. THIS Gym’s hours of operation may be modified from time to time without prior notice to you. THIS Gym reserves the right to change the facility from time to time, to eliminate some facilities and services, to add others, to add, modify, and/or eliminate programs, activities, classes, or equipment, in THIS Gym’s sole discretion. In no event will THIS Gym be required to continue particular programs, facilities, equipment, services, equipment, or the like and may discontinue or modify any of the foregoing in its sole discretion.

Children. All children under age 15 must be accompanied by a parent or legal guardian. All children ages 15 to 17 years must provide parental consent to use THIS Gym’s facilities. THIS Gym reserves the right to discontinue use by any child who is unsupervised or whose behavior is offensive or disruptive.

Group Exercise Policies. Each class is limited to a set number of participants. Guests should not enter a class late without the instructor’s consent. No one will be admitted 10 minutes after the scheduled class time. If Guest is just starting a group fitness program or has an injury, prenatal conditions, or problem that may prevent full participation, please discuss this with the group fitness instructor at least 5 minutes before class. Proper clothing and footwear must be worn in all group fitness classes. THIS Gym reserves the right to change the group fitness schedule at any time including the addition or deletion of classes, as well as changes in instructors, class times and length of classes. THIS Gym reserves the right to change group fitness policies when necessary and require advanced reservations for heavily attended classes. Reservations may be released within 5 minutes prior to the scheduled class time and members may enter on a walk-in basis provided there are openings in the class. Guests attending a class shall, in addition to the Additional Membership Terms and Conditions, follow any rules promulgated by such class’s instructors.

Personal Training. In addition to these Additional Membership Terms and Conditions, any and all personal training provided by THIS Gym shall be pursuant to any additional terms and conditions set forth in a separate personal training contract. Use of personal trainers not approved by THIS Gym is prohibited at all THIS Gym facilities. Guest may not train other members or guests, conduct business activity, or solicit any business at any THIS Gym facility. Any violation of this policy may result in legal action.

MISCELLANEOUS

Media Waiver & Photography Release. Consent to Capture and Use By signing this Agreement, Guest grants THIS Gym and its agents the irrevocable right to take photographs, video, or digital recordings of the Guest during their use of the facilities, participation in classes, or attendance at gym-sponsored events.

Scope of Usage. Guest authorizes THIS Gym to use, edit, publish, and distribute such media for any lawful purpose, including but not limited to: Social media promotion (Instagram, TikTok, etc.), Advertising and marketing materials (digital and print), Website content and internal gym displays.

Waiver of Compensation & Inspection. Guest waives any right to inspect or approve the finished product or the “copy” that may be used in connection with the images. Guest acknowledges that they will receive no financial compensation for the use of such media.

Release of Liability. Guest hereby releases and discharges THIS Gym from any and all claims and demands arising out of or in connection with the use of the images or recordings, including without limitation any and all claims for libel or invasion of privacy.

ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER

a. Mandatory Binding Individual Arbitration. Except as expressly provided below, THIS Gym and I (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).

b. Waiver of Class Actions. We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.

c. Waiver of Jury Trial. We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.

d. Claims Not Subject to Arbitration. There are only four exceptions to this Arbitration Agreement: i. Small Claims. Either party may bring individual Claims in small claims court. ii. Personal Injury Claims. Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body. iii. Emergency Equitable Relief. Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. iv. Filing of Claim Against Security with Texas Secretary of State. To the extent applicable, you may file a claim directly with the Texas Secretary of State against the security we have filed or posted, if any, pursuant to the Health Spa Act, Tex. Occupations Code Ann. 702.251.

e. Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.

i. Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.

ii. Arbitration Rules. The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.

iii. Arbitration Location. The arbitration hearing will be held at the ADR Provider’s location that is closest to the claimant’s primary residence, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings.)

iv. Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.

v. Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.

vi. Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.

vii. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

viii. Survivability. THIS Gym and I agree that this Arbitration Agreement with Class Waiver shall apply to all Claims regardless of whether such Claim arises out of acts or omissions that occur before or after the termination of any service or that occur before or after the termination of this Agreement.

Change in Terms. THIS Gym retains complete control over all matters affecting, relating to, or concerning THIS GYM. To the fullest extent permitted by applicable law, THIS Gym may change, modify or otherwise alter any aspect, term or condition of my the Club Policies or any other applicable contract, promotion terms, or policy in its sole discretion with no notice or with any notice as may be required by law. I understand that THIS Gym’s right to make these changes may affect my access to, use of, or participation in its services (including programs or events), areas, spaces, or products, including without limitation, its Centers, benefits, features, characteristics, attributes, amenities, facilities, equipment, activities, classes, programs, packages, goods or conveniences. My payment for and/or use of THIS Gym’s areas, spaces, services (including without limitation programs or events) or use and/or acceptance of products after a change in terms constitutes acceptance of and agreement with the change.

Entire Agreement. The Agreement, these Additional Membership Terms and Conditions, and all Rules and Regulations of THIS Gym, as revised from time to time, constitute the entire and exclusive agreement between THIS Gym and Guest, and supersede all prior promises, representations, understandings and/or agreements. THIS Gym employees are not authorized to make any changes written and/or verbal, additions, or modifications to the Agreement.

Governing Law; Arbitration. This Agreement shall be governed by the internal laws of the State of Texas without regard to principles of conflicts of laws. You and we knowingly and voluntarily waive our respective rights to a trial by jury in any action or proceeding relating to any and all claims between you and THIS Gym, its affiliates, parents, agents or any related parties. Any and all claims (except for claims able to be filed in a court limited to adjudicating small claims) between you and THIS Gym, its affiliates, parents, agents, or any related parties must be submitted on an individual basis to binding arbitration (in accordance with the provisions set forth above). The provisions of this Section shall survive termination of this Agreement.

Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

Member Representation. You represents and warrants that any information provided to THIS Gym is accurate. Subject to applicable law, you agree that THIS Gym, including its agents and affiliates, may contact you at any mailing address, phone number, or email provided by you to THIS Gym.

Headings. The headings in the Agreement are inserted for convenience or reference only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of the Agreement or any provision of this Agreement.

Survival. Each Section that contemplates performance beyond the term shall survive termination of this Agreement.

Interpretation. For purposes of the Agreement: (a) the words “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole. The definitions given for any defined terms in this Agreement shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine, and gender-neutral forms. Unless the context otherwise requires, references herein: (i) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, or modified from time to time to the extent permitted by the provisions thereof; and (ii) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits referred to in shall be construed with, and as an integral part of, the Agreement to the same extent as if they were set forth verbatim in the Agreement.

WARNING. Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.

ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.