MEMBERSHIP AGREEMENT 

PAYOR INFORMATION: All reference in this Agreement to “Member,” “Buyer,” “you” and/or “your” shall be the Member listed above. All references to “Payor” or “Obligor” in this Agreement shall be the payor listed above. 

SECTION 1: SUMMARY OF TERMS AND ACCOUNT CHARGES 

TERMS OF DAY/WEEK MEMBERSHIP: 

Your membership pass will begin today and will continue on a day/week period until ended. 

SECTION 2: BUYER’S RIGHTS IN FLORIDA 

2.1 IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS.  You may cancel this contract penalty-free within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the Health Studio, and refund upon such notice of all moneys paid under the contract, except that the Health Studio may retain an amount computed by dividing the number of completed days in the contract term or, if appropriate, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation made within the 3-day provision. 

2.2 CANCELLATION ARISING OUT OF BUYER’S RELOCATION: You may cancel this Agreement and obtain a refund of the contract if the club location goes out of business, or moves its facilities more than 5 driving miles from the business location designated in this contract and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the business location designated in the contract at no additional cost to Buyer. You are advised to contact the Department of Agriculture and Consumer Services (the “Department”) for information within 60 days should the Health Studio go out of business to address any unresolved conflicts. If the Department determines that a refund is due the Buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio may not be deemed out of business when temporarily closed for repair and renovation of the premises: (a) Upon sale, for not more than 4 consecutive days; or (b) During ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year. A refund shall be issued within 30 days after receipt of notice of cancellation made pursuant to this paragraph. 

2.3 CANCELLATION ARISING OUT OF DEATH OR DISABILITY. You may cancel this Agreement if Buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The Buyer or a Buyer’s estate seeking relief under this paragraph must provide proof of established if the Buyer furnishes to Senkai Strength a certification of such disability by a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461 of the Florida Statutes to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph. 

2.4 CANCELLATION. You may cancel your membership accord with Section 2.1, 2.2, and 2.3, or at any time by giving at least 21 days’ notice, by sending a cancellation notice via Registered or Certified US Mail to Senkai Strength. 

2.5 CONTRACT TERM. The initial contract shall only be renewable based on the membership chosen. A renewal contract will be effective at the end of the current term chosen. 

2.6 CLUB IDENTIFICATION. Senkai Strength will provide the Buyer a means of identification to access the club. 

SECTION 3: RIGHTS AND RESPONSIBILITIES 

3.1 DEFAULT. Past due accounts are subject to Credit Bureau Reporting and collection attempts by postal mail, telephone, and email. 

3.2 MINORS. If the Member is less than 18 years of age, then the Agreement shall be signed by his/her adult parent or guardian as Payor, who shall be liable for payment of all financial and other obligations under this contract. 

3.3 CLUB RULES. Members shall obey all posted and oral rules and regulations regarding operation, management or use of the club facilities, which are incorporated by reference herein, including, Senkai Strength’s Terms of Use and Privacy Policy as posted on its website. In the sole and absolute discretion of Senkai Strength, violation of the rules and regulations may result in eviction from the premises and/or suspension of and/or termination of membership privileges. Members shall be responsible for damages caused by his/her careless use of equipment or facilities. Please wipe down all equipment after use; all weights must be racked when you are finished using them; weights are not to be dropped; no loud or inappropriate behavior; solicitation without the consent of Senkai Strength is prohibited. In Senkai Strength sole discretion, your consistently fail to observe the rules and regulations; (ii) you have otherwise behaved in a manner contrary to the best interests of Senkai Strength or any of Senkai Strength members or employees ; (iii) you have instituted any type of legal action against Senkai Strength, including but not limited to civil action, arbitrations and/or mediation; and /or (iv) Senkai Strength has instituted any type of legal action including, but not limited to civil actions, arbitrations and /or mediations against you. 

3.4 LEVEL OF ACCESS. “Senkai Strength” memberships allow access to all Senkai Strength locations in the U.S., except for certain markets, where additional fees may apply. “Senkai Strength” memberships allow access to only one designated Senkai Strength location (the gym location listed in section 1). From time to time, other members may change this membership to another Senkai Strength location by written request and upon payment of an administrative fee, plus the difference, if any, in membership dues. 

3.5 MEMBER’S HEALTH WARRANTY. Member represents that he/she is in good physical condition and has no impairment, ailment or condition which would prevent the member from engaging in active or passive exercise which could be harmful to his/her health, safety, comfort or physical condition. Members understand and agree that all exercises and all other use of equipment and facilities, and all exercise instruction, are taken at the sole risk of members and that Senkai Strength and equipment or the facilities or by Senkai Strength negligence regarding the same. Senkai Strength club facilities, equipment, policies, agreement terms, and services may be added, changed, subject to additional costs, rescheduled or discontinued in whole or in part from time to time, at the sole discretion of Senkai Strength, with or without notice. 

3.6 CONSENT TO IMAGE USE. You understand and acknowledge that while on Senkai Strength premises, you, your guests, or your minor child’s image (including live or recorded video images), may be used or shown on the Senkai Strength website and/or social media outlets (Facebook, Instagram, YouTube, etc), and on any video, commercial, webinar, or other publication, regardless of the type of media, without limitation, and that by entering the premises you consent to the use of these images in this manner. 

3.7 CONSENT TO CONTACT. This Agreement shall constitute your express written consent for Senkai Strength or any third-party vendor affiliated with Senkai Strength, to contact you by telephone, email, or SMS text regarding any matter related to your account, including by not limited to, collections of any amounts past due, at the phone number and /or email address listed in this Agreement. In addition, by entering into the Agreement, you expressly consent to receiving promotions and other information from Senkai Strength, in franchises and affiliates, and understand and agree that your information will be used for these purposes. You understand that not all carriers are covered and Senkai Strength will not charge you for the text messages; however, message and data rates may apply. You understand that your consent is not required and is not a condition of any purchase; your signature below, however, constitutes your consent to this provision. You may opt-out from receiving unsolicited text messages from Senkai Strength at any time, and you consent to receiving a text message confirming your opt-out selection. These terms and instructions do not apply to messages sent by franchisees, which are independent companies not operated by Senkai Strength. Contact them directly for instructions. 

3.8 Loss of Property. You and your guests are encouraged not to bring valuable onto the premises of a Senkai Strength facility.Senkai Strength shall not be liable for the disappearance, loss, theft, or damage to personal property whether inside or outside of the club, including, among other things, money , jewelry, negotiable securities, and other items left in lockers or storage compartments by you or your guests. 

3.9 Club Use. Your failure to make use of the facilities or other privileges shall not relieve you of the financial obligations under this Agreement. 

SECTION 4: RELEASE OF LIABILITY; ASSUMPTION OF RISK; CONSENT TO ARBITRATION; CLASS ACTION WAIVER 

4.1 USING THIS FACILITY OWNED BY SENKAI STRENGTH, OR ANY OTHER SENKAI STRENGTH FACILITY INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST, WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISK RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH. EXCEPT AS OTHERWISE PROVIDED BY STATUTE, IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED BY SENKAI STRENGTH , YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE. THEIR RESPECTIVE AFFILIATES, AND EACH OF THE OWNERS, OFFICERS,OFFICER, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS AND INDEPENDENTS CONTRACTORS THEREOF ( THE “ RELEASES''), FROM LIABILITY FOR INJURY , INCLUDING, WITHOUT LIMITATION , PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOU , YOUR SPOUSE GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF SENKAI STRENGTH , BUT NOT INCLUDING ORDINARY NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE RELEASES OR ANYONE ACTING ON THE RELEASES’ BEHALF OR ANYONE USING SENKAI STRENGTH FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASES FROM ALL LIABILITY, DAMAGES, DEFENSE COST, INCLUDING ATTORNEYS’ FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS BROUGHT BY YOU, YOUR GUESTS, OR MINORS ACCOMPANYING YOU OR UNDER YOUR CARE; PROVIDED , HOWEVER, THAT YOUR OBLIGATION TO HOLD HARMLESS , DEFEND AND INDEMNIFY THE RELEASEES SHALL BE WAIVED IF AND TO THE EXTENT THAT AN ARBITRATOR OR COURT OF PROPER JURISDICTION FINDS THAT ONE OR MORE OF THE RELEASES EXHIBITED ORDINARY NEGLIGENCE , GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCTS IN RELATION TO THE ACTION OR INACTION LEADING TO THE LIABILITY INCURRED BY YOU. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT SENKAI STRENGTH PROVIDES INSTRUCTIONAL, NOT RECREATIONAL, SERVICES, AND THE RELEASES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASES AND SENKAI STRENGTH ARE PROVIDING RECREATIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. BY SIGNING BELOW, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES AT SENKAI STRENGTH TO THE EXTENT ANY PORTION OF THIS RELEASE IS DEEMED TO BE INVALID UNDER THE LAWS OF THE STATE, THE REMAINING PORTIONS OF THE RELEASE SHALL REMAIN BINDING AND AVAILABLE FOR USE BY THE RELEASES AND THE THEIR RESPECTIVE COUNSEL IN ANY PROCEEDING BY AGREEING TO THIS RELEASE, UNDER NO CIRCUMSTANCES ARE YOU WAIVING YOUR RIGHTS TO SUE, ALTHOUGH YOU ARE LIMITING YOUR RIGHTS TO CERTAIN DAMAGES. 

4.2 Dispute Resolution/ Arbitration. At the election of either you or Senkai Strength ( including its employees, parents, subsidiaries, affiliates, agents, successors and assigns, collectively “Senkai Strength Parties”) , any claim, dispute or controversy whether based in contract, tort ,statute, fraud, misrepresentation, or any other legal theory (“Claim”) by either membership or use of Senkai Strength facilities, or(iii) (except as specifically provided in this Agreement} the applicability of this arbitration clause or the validity of the end Agreement, shall be resolved exclusively and finally by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association ("AAA”) in effect on the date a demand for arbitration is made. A copy of the AAA rules may be obtained from the AAA website at www.adr.org or by contacting Senkai Strength. Claims made and remedies sought as part of a class action, private attorney general or other representative action (hereafter all included in the term "class action”) are subject to arbitration on an individual basis, not on a class or representative basis. The arbitration will not determine class claims and will not be consolidated with any other arbitration proceedings, The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent and address that party's individual Claims. ARBITRATION IS BINDING AND NEITHER YOU NOR SENKAI STRENGTH PARTIES WILL HAVE TO LITIGATE A CLAIM WHICH IS SUBJECT TO ARBITRATION IN A COURT. YOU AND SENKAI STRENGTH PARTIES WILL NOT HAVE THE RIGHTS IN ARBITRATION THAT ARE PROVIDED IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. Alternatively, you and Senkai Strength Parties may pursue a Claim within the jurisdiction of any appropriate Small Claims Court, or the equivalent court in your home jurisdiction (each a "Small Claims Court"), provided that the action remains in that court, is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action. You and the parties also agree not to seek to enforce this arbitration provision, or otherwise commence arbitration based on the same claims in any action brought before the Small Claims Court. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. This Agreement and your membership will be governed by the laws of the state where you reside and, as applicable, federal law. Judgment upon any arbitration award may be entered in any court having jurisdiction. In the event that there is a dispute about whether limiting arbitration of the parties' dispute to non-class proceedings is enforceable under applicable law, then that issue shall be resolved by litigation in a court rather than by the arbitrator. If it is determined that resolution of a Claim shall proceed on a class basis, it shall proceed in a court of competition jurisdiction rather than iii arbitration. If it is determined that resolution of the parties expressly agree otherwise, any in-person arbitration proceeding will take place in Senkai Strength will pay, or reimburse by law or such rules, if you prevail at arbitration on any Claim against Senkai Strength will reimburses you for any fees paid to the AAA in connection with the arbitration on any Claim against Senkai Strength will reimburse you for any fees paid to the AAA in connection with the arbitration proceedings. If you are required to advance any fees or costs to the AAA, but you ask Senkai Strength to do so in your stead, Senkai Strength will consider and respond to your request. This arbitration agreement applies to all Claims now in existence or that may arise in the future. This arbitration agreement survives the termination of this Agreement and the completion of your Senkai Strength membership, including your payment in full, and your filing of bankruptcy. The above notwithstanding, any Claim that relates to allegations of your personal injury shall be outside the scope of this arbitration provision as shall any Claim required to be filed in a court by state or federal law. 

4.3 Class Action Waiver. You and Senkai Strength agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither you nor Senkai Strength will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney- general action, or in any proceeding in which you or Senkai Strength acts or proposes to act in a representative capacity. 

4.4 Governing Law. This Agreement shall be interpreted under the laws of the State of Florida. Any litigation under this Agreement shall be resolved in the courts of the State of Florida. 

4.5 Entire Agreement. This Agreement, and all rules and regulation of Senkai Strength, as revised from time to time, constitute the entire and exclusive agreement between you, and supersede all prior written and/or oral promises, representations, understandings, and/or agreements relating to this membership purchase. This Agreement if it is not completed by a Senkai Strength employee in accordance with the current pricing and payment programs, or if there has been any misrepresentation by you ( whether as Member or Payor). You acknowledge and understand Senkai Strength employee facilities are not authorized to make any written or verbal changes, additions or modifications to the Agreement. 

SECTION 5: DUES, FEES AND CHARGES; PAYMENT AUTHORIZATION 

5.1 Payment Obligations. You,as the Buyer or Payor , agree to pay all amounts due under this Agreement, including all dues, fees and charges listed in Section ( collectively, “ Dues, Fees and Charges” ). Except as expressly provided in this Agreement, Dues Fees and Charges which have been paid to Senkai Strength are not refundable. No deduction from any payments shall be made because of your failure to use facilities or services. 

5.2 Authorization For Payment By Credit Card Or ACH/EFT. By signing below, I hereby authorize Senkai Strength or its agent to charges my debit/credit card, or initiate any fees or charges for fitness services or other ancillary services, which I owe to Senkai Strength the terms of this Agreement or until my membership is properly canceled or terminated, whichever occurs first. I understand and acknowledge that the amounts charged or transferred from my Designated Account may vary each month between the Recurring Dues amount shown above in Section 1, and three times that amount , due to a change in monthly dues, past unpaid dues, applicable taxes, and other fees and charges. I understand that I have a right to receive notice in writing at least 10 days in advance of any ACH/EFT debit ( checking, savings , credit/ debit card) that will fall outside of this range. If I choose to pay by credit card, I agree to allow my checking account to be drafted should my credit card be rejected for any reason until new credit card information is provided. 

NOTE TO DAY/WEEK PASS MEMBER 

You are entitled to a copy of this contract at the time you sign it. Keep it to protect your legal rights. Do not sign this contract in blank. I/We certify that I/we have received a completed signed copy of this Membership Agreement and any other document which I/we have signed. This represents the entire agreement between purchaser and Senkai Strength. I/we certify that I/we have read the entire agreement prior to affixing my/our signature(s) and understand and agree to all terms and conditions stated.