Fit Republic Manteca

All of our paid in full memberships are non-refundable as stated in the member agreement signed by the member. As a courtesy to our members we have extended all paid in full memberships for all time the gyms have been closed due to covid19. The Manteca location has partially opened up for outdoor training classes and plans to open as soon as the California governor allows. I am an employee of the Fit Republic Manteca location. I explained that I do not have the authority to make exceptions or to offer refunds. In addition I provided Terina Lail with our member service email address for further assistance. I have attached a copy of the email exchange between me and Terina Lail

Form Submission - Manteca - my membershipInbox xSquarespace Aug 10, 2020, 4:06 PM to meName: Terina LailEmail: [email protected]: my membershipMessage: Ihave been trying to reach and cancel my memer ship. Ipaid for a whole year and right after one month the whole gym closed down. Iwould like to cancel my member ship and get my full money back since we cannot cometo the gym to due corona n the gym has been closed. And to be honest I do not like the customer service nor the gym. I need my full money back. This is my 5th attempt(Sent via Fit Republic Gyms & Health Clubs)*** Samudio Aug 20, 2020, 8:11 AM (5 days ago) to tlshah786Hi Angela we have only partially reopened for our Fiit Nation members (outside workouts) as of Monday. I have only regained access to our systems as of yesterday. Paid in Full membership are not refundable but we have added any missed time to the membership. Any further request in regards to your membership can be requested through [email protected] Kind Regards,Carol Manteca Club OperatorFit RepublicVirus-free. www.avast.comTrin Lshah Aug 20, 2020, 8:17 AM (5 days ago) to meThank you for your response but ihavent attended since I paid and I do not want to risk my health wether its outside on inside and why it is not refundable. We were not advised of this action when we signed up.so I do demand my full refund back since I havent used the gym and your not a bank where I am going to keep my money there. Please kindly refund my money as soon as possible.Thank you*** Samudio Aug 20, 2020, 8:24 AM (5 days ago) to TrinHi Trin I understand your concerns and your signed membership agreement does specifically state that our paid in full memberships are not refundable. I am unable to authorize any exceptions to this at the club level or to process refunds. You would need to contact our member service dept. via the email to the address I gave you.Kind Regards,Carol Manteca Club OperatorFit RepublicVirus-free. www.avast.comTrin Lshah Aug 20, 2020, 9:36 AM (5 days ago) to meI have send them email and I have not heard back from them. I am getting frustrated because in these hard times we dont have to face this issue and you understand as well and due to us joing the club and within a month the club clsoing you guys should honor it anyways. I need a number to contact you the membership services because right now I am not risking my health and I havent used your services. I need a phone number and immediate contact with member services please.Thank you for your time*** Samudio Aug 20, 2020, 9:39 AM (5 days ago) to TrinI understand but we do not have a phone number for member services at this time. The email info is the only way to contact them. If you are just sending it today I'm sure they will respond in a day or two.Kind Regards,Carol Manteca Club OperatorFit RepublicVirus-free. www.avast.comTrin Lshah Aug 20, 2020, 9:40 AM (5 days ago)For the past 3 months I have send email to them and I have not heard from them.. please provide the email so I know I have the right email.Thank you*** Samudio Aug 20, 2020, 9:42 AM (5 days ago) to [email protected] Regards,Carol Manteca Club OperatorFit Republic

Please see signed agreement by Terina Lial

Date: 02/29/2020Member Number: FU-ZD8J145308Sales Rep: TAWNY DEERNICKHome Club: FIT REPUBLIC - CORPORATE MEMBER REGISTRATION MEMBER PERSONAL INFORMATION ("Member") First Name / MI TERINA Last Name LAIL Address 1 1025 NORMAN DR Address 2 City / State MANTECACA Zip 95336Birthday 06/25/1984 Cell Phone (209)594-6765E-Mail [email protected] FEmergency Contact MUSTAFA SHAHEmergency Phone (209)688-9486Hear about us MEMBER Membership Type: AMAZON PREMIUM PIF Term: 12 Months Enrollment Fee: $ 199.99 Processing Fee: $ 7.98 Total Due Today: $ 207.97 OPTIONAL AMENITIESESIGN Consent to Use Electronic Records and SignaturesYou have indicated that you wish to receive and sign the documents relating to your transactions with us electronically. We are required by law to give you certain information “in writing” – which means that you are entitled to receive it on paper. We need your consent to provide you with this information electronically, instead. We also need your general consent to use electronic records and signatures in our relationship with you.In this Consent to Use Electronic Records and Signatures (“Consent”), the words “we,” “us,” and “our” means Fit Republic. The words “you” and “your” means the person giving consent. “Communications” means the Membership Agreement, notices, records, documents, or other information we provide to you or that you sign, submit, or agree to at our request.Your ConsentYou agree that any of the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form. We may also use electronic signatures and obtain them from you on any Communication.All Communications that we deliver to you in electronic form will be delivered (1) via an tablet computer at a Fit Republic location; (2) via e-mail; or (3) by your accessing a website that we will designate in an e-mail, text message, or other electronic notice we send to you at the time the information is available. We will establish security procedures that you will have to follow to access the website.We may always, in our sole discretion, provide you with any Communications on paper, even if you have authorized electronic delivery. Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we tell you how to deliver the notice to us electronically.How to Withdraw ConsentYou can withdraw your consent to receive Communications electronically at any time by mailing or delivering a signed and dated written notice to Fit Republic, Attention: Member Services, 4120 Dale Road, Modesto, California 95356. Withdrawing your consent may delay your transactions with us. A withdrawal of your consent to receive electronic Communications will be effective only after we have had a reasonable period of time to process your withdrawal.How to Update your Contact InformationIt is your responsibility to provide us with an accurate and complete e-mail address and other contact information, and to maintain and update promptly any changes in this information. You can update your contact information at any time by mailing or delivering a signed and dated written notice to Fit Republic, Attention: Member Services, 4120 Dale Road, Modesto, California 95356.Hardware and Software RequirementsWe will provide the tablet computer necessary for you to receive electronic Communications within Fit Republic locations. To receive electronic Communications on devices that we do not provide, you must have access to:• A Current Version (defined below) of Internet Explorer, Edge, Chrome, Safari, or Firefox;• A connection to the internet;• A Current Version of a program that accurately reads and displays PDF files; and• A device (e.g., a computer, tablet, mobile phone, etc.) and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form.You must also have an active email address and a cellphone number for SMS messaging.By “Current Version,” we mean a version of the software that is currently being supported by its publisher. From time to time, we may offer services or features that require that your internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your internet browser is not properly configured, we will provide you with a notice and advice on how to update your configuration. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with our services.If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will give you notice of the revised hardware or software requirements. Continuing to use this service after receiving notice of the change is reaffirmation of your consent.Requesting Paper CopiesWe will not send you a paper copy of electronic Communications unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of any Communication we provide to you electronically by printing it yourself or by requesting that we mail you a paper copy. Request for paper copies must be made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by mailing or delivering a signed and dated written notice to Fit Republic, Attention: Member Services, 4120 Dale Road, Modesto, California 95356. There is no charge associated with requesting a paper copy of a Communication we sent you electronically.Retain CopiesWe encourage you to print or download for your records a copy of all electronic Communications that we send to you, including the copy of the Membership Agreement which will contain a copy of this Consent.Termination/ChangesWe reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.By checking this box, you are consenting to the use of electronic records and signatures in connection with this transaction. You are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account and/or a cellphone number for SMS messaging and the ability to access and view PDF files.1. MEMBERSHIP AGREEMENT. This Membership Agreement (“Agreement”) governs your relationship with Pleasanton Fitness, LLC dba Fit Republic (“Fit Republic” or the “Club”). You and the Club agree that by signing this Agreement, you acknowledge and agree that you have read this contract, that you agree to all terms on all pages of this Agreement, including without limitation, Section 12. WAIVER, HOLD FIT REPUBLIC HARMLESS, AND RELEASE OF LIABILITY and Section 18. ARBITRATION AND CLASS ACTION WAIVER, that you have received a copy of this complete Agreement, and that you consent to your use of an electronic signature to sign this Agreement. You also acknowledge receipt of, and agree to follow Section 7. MEMBER AND GUEST RULES, governing your use of the Club, its equipment and facilities, and your participation in the Club’s programs and services. You further acknowledge that these rules may be changed from time to time by the Club at its sole discretion. You are entitled to use the facilities and services of the Club described in this Agreement until the effective date of the termination of this Agreement. You understand that the contract entitles, but does not require, you to use the Club. You are responsible for all obligations, fees, and charges, including the monthly dues, incurred by you pursuant to this Agreement, regardless of whether you regularly attend and use the Club’s facilities. Your failure to use the Club’s facilities and services does not relieve you of these obligations, fees, and charges, including your monthly dues.This Agreement constitutes the entire agreement between you and the Club. You acknowledge that there are no collateral agreements, promises, representations, or guarantees, oral or otherwise, not stated in this Agreement. This Agreement replaces any prior agreements, promises, or representations between you and the Club, whether written or oral, that deal with the subject matter of this Agreement. Except for Section 18. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, as stated in that section, if any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. The Club may assign or transfer your membership in its sole discretion.2. TYPES OF MEMBERSHIP. The Club offers four types of membership plans:(a) BASIC membership provides access only to your Home Club’s cardio, circuit, and strength/free weight equipment. The cost for BASIC membership is $9.99 per month. Your Home Club is listed at the beginning of this Agreement.(b) PREMIUM membership provides the same access as a BASIC membership, but it permits access to all Fit Republic clubs in California and Washington, plus use of swimming pools, basketball, and racquetball courts, hydro-massage, and tanning (depending on availability of amenities at individual clubs). PREMIUM members also have weekend guest privileges (Friday through Sunday) for one (1) free guest when accompanied by a PREMIUM member. The guest receives only the BASIC membership benefits. The cost for PREMIUM membership is $19.99 per month.(c) FIIT Nation-2 membership provides the same access as a PREMIUM membership plus two (2) FIIT Nation classes per calendar week and weekend guest privileges (Friday through Sunday) for one (1) free guest when accompanied by a FIIT Nation-2 member. The guest receives only the BASIC membership benefits. The cost for a FIIT Nation-2 membership is $39.99 per month.(d) FIIT Nation-U membership provides the same access as a PREMIUM membership, plus unlimited FIIT Nation classes and guest privileges all week long for (1) free guest when accompanied by a Fit Republic-U member. The guest receives only the BASIC membership benefits. The cost of a FIIT Nation-U membership is $49.99 per month.All memberships require that you present picture identification confirming your date of birth and current location of your residence, and that you sign the Waiver, Hold Harmless, and Release of Liability form which is contained within this contract. Further information can be found at Section 16. MINORS and Section 17. GUEST PRIVILEGES.3. EQUIPMENT AND FACILITIES. The Club offers fitness equipment (including treadmills, ellipticals, bikes, and climb mills), circuit equipment (including upper- and lower-body selectorized equipment), strength and free weights (including barbells, dumbbells, benches, smith machines, squat racks, and plate-loaded equipment) and hydromassage lounges. The FIIT Nation Group Training Studio has treadmills, rowers, bikes, kettle bells, plyoboxes, foam rollers, mats, barbells, and dumbbells. Other amenities, such as basketball courts, swimming pools, co-ed spas, saunas, steam rooms, locker rooms, showers, changing rooms, toilet facilities, and gender-neutral changing rooms and restrooms, will depend on the facilities available at your Home Club.4. ENROLLMENT FEE. The one-time enrollment fee varies according to promotions which are available to all individual, prospective members. Your enrollment fee (listed at the beginning of this Agreement) is $199.99.5. AUTHORIZATION OF ELECTRONIC FUND TRANSFER (EFT) CHARGES. I authorize recurring amounts to be paid from my bank account (or any successor bank account) or credit card (or any successor credit card) set forth below to Fit Republic for any and all monthly membership dues, annual rate guarantee fees, unpaid past charges, service fees, decline fees, and any other fees, charges, or taxes that I incur according to the terms of, and at the dates and intervals specified by, this Membership Agreement. My signature below signifies my consent. My authorization for EFT charges will remain in effect until I change or cancel my authorization by: (a) mailing a signed and dated written request by certified mail to ; or (b) delivering my signed and dated written request to my Home Club at least thirty (30) days before the date on which EFT charges are ordinarily deducted from my account.I acknowledge that EFT charges will be made to my account, or credit card, on the billing date shown under “Billing Start Date” at the beginning of this Membership Agreement, but the Club, upon written notice, may change the date on which EFT charges are made.I acknowledge there is a $5.00 per month service charge for credit card billing plus a 3.99% processing charge, and no monthly service charge for bank account billing.Should I cancel or terminate my membership, my authorization for EFT charges will be cancelled effective on the day that my membership terminates according to the terms of this contract. I also authorize the Club to make EFT charges to my account for any amounts incurred prior to termination of my membership.I acknowledge that the amounts charged to my account may vary each month, and the Club will notify me at least ten (10) days in advance of any charge that is $30 or more greater than the normal monthly charge. I acknowledge that I am entitled to receive ten days advance notice of any varying amount, even if it is less than $30, if I so request. To receive notice of all varying amounts, I must mail a signed and dated written request by certified mail to .If my bank account is closed, I agree to notify the Club promptly and to provide the information necessary for Fit Republic to make EFT charges from my new account.I agree to pay a service fee of up to $20.00 for any EFT charge not honored by my bank and I agree to pay up to a $25.00 “decline fee” if any check is returned.6. HOURS OF ACCESS. Your membership entitles you to access to the Club during regular Club hours: Most Club locations are open Monday through Thursday, 5:00 a.m. to 11:00 p.m.; Friday, 5:00 a.m. to 9:00 p.m.; and Saturday and Sunday, 8:00 a.m. to 6:00 p.m. However, the hours of any specific Club location may vary, and the hours for each Club location will be posted at that Club location. The hours of your Home Club presently are [insert Home Club hours] The Club may change the hours of access or provide limited hours for any classes, equipment, and/or optional amenities in its sole discretion, but will provide advance notice of these changes.7. MEMBER AND GUEST RULES.(a) You must present your membership card or app whenever you enter the club.(b) Do not use your cell phone when using gym equipment or in the locker room.(c) Wear appropriate attire, including athletic shoes in the gym and swimming attire in the swimming pool.(d) Gym bags and personal items must be left in the locker room.(e) Be courteous to other members and staff at all times.(f) Harassment of members and staff, on the basis of race or color, religion, religious creed (including all aspects of religious belief, observance and practice, including religious dress and grooming), national origin, sex or gender (including pregnancy and maternity), gender identity and gender expression, sexual orientation, marital status, physical disability (including HIV and AIDS) or mental disability, medical condition (including cancer, genetic characteristics and genetic information), age (40 and older) or any other basis protected by applicable federal, state or local laws, will not be tolerated.(g) Smoking, drinking alcohol, and possessing or using illegal substances, including steroids, is not permitted in the Club. Impaired performance, of any type, is not permitted in the Club.(h) You must follow the manufacturer’s instructions and warnings when using equipment. Ask a staff member for help if you need instructions.(i) You may not use chalk when using the equipment.(j) Excessive noise is not allowed when lifting weights.(k) Use a spotter and collar when appropriate.(l) Do not drop weights.(m) Do not lean weights or bars against the equipment or the wall.(n) Return all weights to the proper racks.(o) Wipe down the equipment after use.(p) No freelance personal training is permitted.8. MEMBER’S RIGHT TO CANCEL. You may cancel your membership for any of the reasons described below. You may use any of the cancellation methods provided in Section 9. HOW TO PROVIDE NOTICE OF CANCELLING A MEMBERSHIP.(a) Five (5) Business Day Cancellation at the Beginning of this Agreement: You may cancel this Agreement for any reason within five (5) business days of the date of this Agreement and receive, within ten (10) days of the Club’s receipt of your cancellation notice, a full refund of all fees and charges you have already paid. To be eligible for a full refund, you must cancel before midnight of the fifth (5th) business day after you sign this Agreement. For further information, see the Five-Day Cancellation Right at the beginning of this Agreement.(b) Regular Cancellation: After the first five (5) business days of this Agreement, you may cancel this Agreement at any time and for any reason. The effective date of cancellation will be five (5) business days after the Club receives your notice of cancellation, and you will not be billed for any further billing cycles after the effective date of the cancellation. If there are more than five (5) business days remaining in the current billing period, you will have access to the Club for the remainder of the billing period.(c) Death or Disability: You or your estate also may cancel this Agreement because of death or disability and receive, immediately upon the Club’s receipt of your cancellation notice, a refund of any unused dues as of the date the Club receives your notification. Disability means a condition which precludes you from physically using the Club’s facilities and the condition is verified by a physician.(d) Moving Out of Area: You also may cancel this Agreement if you move your permanent residence more than twenty-five (25) miles from a Fit Republic Club or from an affiliated club that offers the same or comparable services and facilities at no additional membership cost to you. You will receive, within ten (10) business days of the Club’s receipt of your cancellation notice, a refund equal to the remaining portion of any unused dues as of the effective date of cancellation. The effective date of cancellation will be the day Fit Republic receives notice of the cancellation. You must provide reasonable evidence of your move.(e) Permanent Club Closure: You also may cancel your contract if your Home Club is permanently closed and comparable facilities owned and operated by Fit Republic, and within a ten (10)-mile radius of the closed Home Club, are not made available to you. Should there be a permanent closure, and no transfer to an alternative facility is made available to you, then the membership will terminate on the date the Home Club closes, and you will receive, within ten (10) business days of the Home Club’s closure, a refund of any monthly dues already paid for your membership for the period after the Home Club’s closure.(f) Services Not Provided: You may cancel the contract and receive a pro rata refund if Fit Republic fails to provide the specific facilities advertised or offered in writing by the time indicated on your contract. If no time is indicated in the contract, you may cancel the contract within six (6) months after the execution of the contract and shall receive a pro rata refund. If the Fit Republic fails to meet a timeline set forth in this section, you may cancel the contract at any time after the expiration of the timeline. However, if following the expiration of the timeline, Fit Republic provides the advertised or agreed-upon services, you may cancel the contract up to ten (10) days after those services are provided.(g) Pre-Opening Membership: In addition to any other cancellation rights, if you pay any money under this Agreement for health studio services by Fit Republic at a Club that has not yet opened for business, you have the right to cancel the contract and receive a full refund at any time prior to midnight of the fifth (5th) business day after the date the Club is open for business. The refund shall be paid within 10 days of receipt of notice of cancellation.If you cancel your membership, you must return your membership card and delete the app indicating membership.9. HOW TO PROVIDE NOTICE OF CANCELLING A MEMBERSHIP.You must provide notice that that you wish to cancel your membership by one of the following methods:(a) In Person: You may notify Fit Republic at the front desk at your Home Club, and you will be asked to complete a cancellation request form; or(b) Written Notice: You may provide a signed and dated written notice of cancellation to Fit Republic, Attention: Member Services, 4120 Dale Road, Modesto, California 95356; or(c) Email: You may email a signed and dated statement of cancellation to [email protected]. FIT REPUBLIC’S RIGHT TO CANCEL MEMBERSHIP. The Club reserves the right at any time to cancel and/or suspend your membership or any of your membership privileges:(a) for failure to comply with any of the Club’s rules, including Section 7. MEMBER AND GUEST RULES;(b) for any conduct the Club determines to be improper or in any way harmful to the best interests of the Club or other members;(c) if any payment due under this Agreement is late; or(d) for any other reason not prohibited by law.Termination of your membership in such cases is effective on the date the Club mails a written notice of termination to you at your last address shown on the records of the Club. You will remain liable for financial obligations incurred by you prior to termination. The Club will refund any unused dues that you have already paid for the billing period in which such notification is mailed to you calculated in the same manner as stated for Regular Cancellations in Section 8. MEMBER’S RIGHT TO CANCEL.11. MEMBERSHIP COURTESY HOLD. Your club membership may be put on hold so that you are charged only $1.00 per month, instead of your regular monthly dues during the hold. A courtesy hold requires the Club’s approval and is given at the Club’s discretion. Your membership must be in good standing and you must be current on your monthly dues as of the date of requesting a courtesy hold. To request a temporary hold of your membership, you must make a written request which states the reason for the hold, and the requested start and ending date of the hold. The hold request must be mailed or delivered to: Fit Republic, Attention: Member Services, 4120 Dale Road, Modesto, California 95356. The Club will notify you if the courtesy hold request has been approved including the start and end date of any approved courtesy hold. The hold start date will be at least thirty (30) days after the request is received and must be for a period of sixty (60) days up to a year. When you reactivate your Club membership, the annual rate guarantee will be retroactively billed to your membership account if the annual rate guarantee would have become due during the hold period. If your hold period is less than ninety (90) days, your membership account will be billed for late fees and decline fees. If your hold period is more than ninety (90) days, your membership will be cancelled if you incur late fees or decline fees.12. WAIVER, HOLD FIT REPUBLIC HARMLESS, AND RELEASE OF LIABILITY. The Club encourages you to obtain a physical check-up from your doctor or health care practitioner before engaging in physical activities including use of the Club and participation in Fit Republic group exercises. You acknowledge and agree that neither the Club nor any of its personnel have provided you with medical advice and further warrant to the Club that by using Club facilities or participating in Fit Republic classes you have no medical condition which would prevent you from such use or participation.(a) You Assume the Risk of Injuries and Losses: Fit Republic, its parent organizations, subsidiaries and affiliated companies, and each of their respective managers, owners, officers, directors, employees, and agents are collectively referred to as the “Health Club” in this Section 12. You understand that using the Health Club facilities and services, including Fit Republic exercise classes, fitness and exercise activities in general, and participating in Health Club-sponsored outside activities or events, involves the inherent risk of serious injury to you or your minor children and/or wards (for example, and without limitation, slipping and falling, heart attack, or serious neck and spinal injuries which could result in partial or complete paralysis or death). In consideration of you and your minor children and/or wards being permitted to be present at the Health Club and to use the Health Club’s facilities and services according to the Membership Agreement:(1) you expressly and voluntarily accept and assume any and all risks of the following losses sustained because of being present at the Health Club and/or utilizing the Club’s facilities and services:(i) any type of personal injury (including, but not limited to, physical injury, death, mental injury, emotional distress, and economic loss) and any related expenses and/or damages; and(ii) the loss of personal effects or property and/or any damage to personal effects or property, and any related expenses and/or damages. You agree to be solely responsible for your personal effects or property within and surrounding the Health Club, such as the parking lot, and the Health Club shall have no liability for any loss, damage, or theft of any such property.(2) you agree that the Health Club (as defined in Section 12 (a) above) will not be liable to you or your spouse or partner or children and/or wards for any such losses (personal injury, personal effects, or property) regardless of whether such losses were caused by the negligence of the Health Club or anyone else, and regardless of whether such losses were related to exercise or fitness-related activities.(b) You Agree to Defend and Indemnify the Club: You agree to defend, hold the Health Club free and harmless, and to indemnify the Health Club from and against any damages, liability, or other costs or expenses, including but not limited to attorneys’ fees incurred by the Health Club in connection with any claims for personal injury, personal effects, or property (as defined above) by you, your spouse or partner, and/or your children and/or wards.(c) Health Club Not Liable for Defective Equipment or Products: You acknowledge, understand, and agree that: (1) the Health Club does not manufacture any fitness, or any other equipment or product, used at Health Club locations; and (2) the Health Club is not liable for any defective equipment or products that the Health Club purchases or leases for use at the Health Club locations.You agree to be responsible for any and all damages caused by you to the Health Club premises or equipment.Date: 02/29/202013. FACILITY AND PROGRAM MODIFICATION. The Club expressly reserves the right to add, eliminate, or modify any program, class, arrangement or quantity of equipment, furniture, fixtures, or any optional amenity in its sole discretion. In the event the Club eliminates or substantially reduces the scope of the facilities at the Club, you may cancel this Agreement using one of the cancellation methods set forth at Section 9. HOW TO PROVIDE NOTICE OF CANCELLING A MEMBERSHIP and receive a refund equal to any unused dues you have already paid.14. TEMPORARY CHANGES IN ACCESS OR HOURS OR SALE OF CLUB. The Club may close its facilities or portions of its facilities on a temporary basis for maintenance, repairs, upgrades, on selected holidays, or for other reasons. Such temporary closures will have no effect on the Club fulfilling its obligations according to the terms of this Agreement, so long as such temporary closures are reasonable. If the Club is temporarily closed, whether foreseen or unforeseen, you will not be entitled to a refund or to a dues credit. If the Club is sold, the Club may assign your membership to the new owner.15. COMMUNICATIONS. You agree that your calls with the Club may be monitored and/or recorded and that the Club (or anyone acting on our behalf) may contact you from time to time regarding your Club membership (including for collections purposes). You also agree that the Club may contact you via text message (including internet-to-phone text messages), with an autodialer or similar device, and/or an artificial voice or prerecorded message at any telephone number you provide to the Club, even if (i) the telephone number is a wireless, cellular or mobile number, is converted to a mobile/wireless number, or connects to any type of mobile/wireless device; (ii) you are charged by your service provider; or (iii) that telephone number is on the National Do Not Call list. By this agreement, you agree that the Club may use autodialed or prerecorded calls or texts to contact you for marketing purposes. You agree that any consent you provide will survive termination of your Club membership. The Club may also contact you electronically, including to deliver marketing materials, as described in the Club’s Consent to Use Electronic Records and Signatures. You may change your primary email address, phone number, or other contact information, or withdraw your consent to receive notices or calls electronically by mailing or delivering a signed and dated written notice to Fit Republic, Attention: Member Services, 4120 Dale Road, Modesto, California 95356, stating the requested change or that you wish to withdraw your consent. You may also deliver such notice in-person to your Home Club, e-mail such notice to [email protected], or give oral notice to a customer service agent at the following toll free number 1 (844) 888-9080. You agree to defend, indemnify, and hold the Club harmless against any damages, liabilities, or expenses, including attorneys’ fees, incurred by the Club as a result of your failure to timely and properly notify the Club regarding such a change or your desire to withdraw your consent.This Section 15 shall survive the termination of your contract with the Club and your use of the Club’s services.Date: 02/29/2020Member Signature:Parent/Guardian/Responsible Name:Parent/Guardian/Responsible Signature:16. MINORS. Members may enroll their minor children and/or wards as members so long as:(a) the child is at least 13 years old (no children under the age of 13 are permitted in the Club);(b) a parent or legal guardian co-signs and guarantees the Membership Agreement, including membership fees; and(c) the parent or legal guardian agrees that the child or ward will be bound by all terms and conditions of the Membership Agreement, including the Waiver, Hold Fit Republic Harmless, and Release of Liability.17. GUEST PRIVILEGES. If you are entitled to bring a guest, your guest receives only the BASIC membership benefits. Your guest must:(a) be at least 18 years old;(b) present local identification confirming date of birth and location of residence within 25 miles of the Club;(c) provide a valid telephone number and email address;(d) sign the WAIVER, HOLD FIT REPUBLIC HARMLESS, AND RELEASE OF LIABILITY form; and(e) arrive and leave with you, the member who has guest privileges.18. ARBITRATION AGREEMENT AND CLASS ACTION WAIVERPlease read this Arbitration Agreement carefully.(a) Purpose. This Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) facilitates the prompt and efficient resolution of any disputes that may arise between you and the Club. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. This Arbitration Agreement provides that all disputes between you and the Club shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you might otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorneys’ fees, if otherwise authorized by applicable law).For the purpose of this Arbitration Agreement, the “Club” means Pleasanton Fitness, LLC, dba Fit Republic, and its parent organizations, subsidiaries and affiliated companies, and each of their respective managers, owners, officers, directors, employees and agents. The term “Dispute” means any dispute, claim, or controversy between you and the Club regarding any aspect of your relationship with the Club, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement and Class Action Waiver (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.(b) Pre-Arbitration Dispute Resolution. For all Disputes, you must first give the Club an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Fit Republic, Attention: Member Services, 4120 Dale Road, Modesto, CA 95356. That written notification must include: (1) your name; (2) your address; (3) a written description of the Dispute; and (4) a description of the specific relief you seek. If the Club does not resolve the Dispute to your satisfaction within forty-five (45) days after it receives your written notification, you may pursue your Dispute in arbitration.(c) Arbitration Procedures. If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Dispute Resolution”) either you or the Club may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection Shall apply. The AAA rules are available at www.adr.org or by calling 1 (800) 778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules and Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1 (800) 352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.Because your contract with the Club, the Membership Terms and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to your Dispute.(d) Exclusions from Arbitration/Right to Opt Out. You have the right to opt out of this Arbitration Agreement, which means you would retain your right to litigate your disputes in a court, either before a judge or jury. You or the Club may choose to pursue a Dispute in court, and not by arbitration, if: (1) the Dispute qualifies, it may be initiated in small claims court; or (2) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS ARBITRATION AGREEMENT (the “opt-out deadline”). You may opt out of this provision by mailing written notification to Fit Republic, Attention: Member Services, 4120 Dale Road, Modesto, CA 95356. Your written notification must include: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with the Club through arbitration. Your decision to opt out of this Arbitration Agreement will have no adverse effect on your relationship with the Club. Any opt-out request received after the opt- out deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.(e) Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA or applicable state law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.(f) Location of Arbitration: You may initiate arbitration in either San Jose, California, or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that the Club initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.(g) Payment of Arbitration Fees and Costs: The Club will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys’ fees or expert witness fees. Fees and costs may be awarded by the arbitrator as provided according to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Club as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from the Club your actual and reasonable attorneys’ fees and costs as determined by the arbitrator.(h) Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and the Club specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Club member and/or user of Club services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated, or private attorney general proceeding without having complied with the opt-out requirements above.(i) Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and the Club are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and the Club might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.(j) Severability: If any clause within this Arbitration Agreement (other than the Class Action waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.(k) Continuation: This Arbitration Agreement shall survive the termination of your contract with the Club and your use of the Club’s services.I have read and agree to all of the above terms and to all of the following terms of this Membership Agreement:Member: Parent/Guardian/Responsible Party's Name:

Membership agreements are thoroughly reviewed during sign up and member signs agreeing to the terms. All membership agreements are done electronically and immediately emailed to the member. Our member service department communicates via email. Member also agrees to this form of communication as part of the membership agreement. see below:

Your ConsentYou agree that any of the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form. We may also use electronic signatures and obtain them from you on any Communication.All Communications that we deliver to you in electronic form will be delivered (1) via an tablet computer at a Fit Republic location; (2) via e-mail; or (3) by your accessing a website that we will designate in an e-mail, text message, or other electronic notice we send to you at the time the information is available. We will establish security procedures that you will have to follow to access the website.We may always, in our sole discretion, provide you with any Communications on paper, even if you have authorized electronic delivery. Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we tell you how to deliver the notice to us electronically.

By checking this box, you are consenting to the use of electronic records and signatures in connection with this transaction. You are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account and/or a cellphone number for SMS messaging and the ability to access and view PDF files.