All membership types will be charged a one time administration processing fee of $150 for canceling your current account.

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1 Terms and conditions for Month to Month I, ( Member ), authorize my bank or financial institution to make my CrossFit Outbreak monthly payments by the method above, and post it to my account. I authorize my bank or financial institution to honor all payments required to fulfill any pre-paid extended membership agreements (6 months or 12 months). With respect to Electronic Funds Transfers for payments, I understand that the monthly dues will vary according to my membership type ( locations/clinton-hill/ pricing/) and will be transferred on the same day of each month as the initial payment. (Make sure you change the membership location to see other locations.) In addition to monthly payments I, Member, authorize CrossFit Outbreak to maintain my credit card or bank account information on file and to charge my credit card or bank account for additional goods and services which I, Member, purchase at CrossFit Outbreak. *I understand this Agreement is for a minimum of two (2) months ( Term ) after which time I may terminate my membership at any time by providing thirty (30) days written notice by completing the following link: crossfitoutbreak(dot)com/ cancel. Upon completion of the Term, monthly dues will continue to be deducted each month at the monthly rate then in effect until such date that is thirty (30) days after I provide aforementioned Termination Request. All membership types will be charged a one time administration processing fee of $150 for canceling your current account. 1. ADDITIONAL CANCELLATION RIGHTS: If cancel request is sent after the thirty (30) day cancel period, an 'early cancel' fee, in the value of one (1) months' membership dues will be deducted from the card or account on file, to effectively cancel on the spot. As a requirement of cancellation the account must be in good-standing; in the event the account is not current on all payments due up to that date it is required to be brought up to date first before any cancellation or Termination Fee can be applied to such account. Member further agrees that any free months received as an inducement to enter into this Agreement or for any other reason including referral bonus, such free months shall not be considered in computing the amount of any refund to which Member shall be entitled. Member agrees to have their last payment charged immediately upon cancellation request. In the event Member cancels membership, and decides to come back, the Member agrees to pay the current membership rate. If cancel request is sent after the thirty (30) day cancel period, an 'early cancel' fee, in the value of one (1) months' membership dues will be deducted from the card or account on file, to effectively cancel on the spot. Members with 6 month pre-paid memberships are responsible for all 6 monthly payments regardless of an early cancellation request. Members with 12 month pre-paid memberships are responsible for all 12 monthly payments regardless of an early cancellation request. All pre-paid memberships will auto-renew. Member agrees that if Member received a discounted membership rate as part of a promotional offering such and Member cancels during this promotional offering period, Member will be responsible for the non-promotional rate. 2. MEMBER S HEALTH WARRANTY: Member and/or Buyer representing that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of use of the Club or its facilities in any manner. Furthermore, prior to any use of the Club s facilities and services every Member and/or Guest must sign the Liability Waiver ( Waiver ), under no circumstance will failing to sign the Waiver either digitally or inperson affect this health warranty and the Member s express understanding that they are engaging in strenuous exercise that will place them at risk of injury. Member hereby agrees that engaging in any activity associated with CrossFit Outbreak is done so at their own risk and that each Member is fully responsible for their health and wellbeing as well as determining their readiness for such programs. Furthermore by signing this Agreement and/or the Waiver, the undersigned

2 Member/Buyer expressly acknowledges that CrossFit, as a methodology, is by nature technically challenging as well as stressful on the body. 3. RULES, REGULATIONS AND SCHEDULES: Member agrees to abide by all the membership rules, regulation and schedules of CrossFit Outbreak, which may be posted at the Club or issued orally, and which may be amended from time to time, at Seller s sole discretion. 4. MEMBERSHIP CHECK-IN: All members are required to register for classes beforehand. All members are required to sign into class via Wodify at front desk check-in. 5. INDEPENDENT CONTRACTORS: From time to time we may make available to Members and their guests the services of independent contractors services. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to Members or their guests for any period of time, and hereby disclaim all liability arising out of such services. 6. GUESTS: All guests are required to pay a drop-in fee of $37 + tax (subject to change). Member s guests are permitted in the Club, but only pursuant to such rules, regulations, fees and schedules for such guest as may then be in effect. The Club reserves the right to limit the number of times any one guest can use the Club and reserves the right, in its discretion, to prevent any guest from using the Club. All guests must sign in at the front desk and present photo identification prior to using the Club. 7. TRANSFER OF MEMBERSHIP: Memberships are not transferable. 8. UPGRADING MEMBERSHIP: A Member may upgrade his or her membership with the prior consent of management; provided Member/Buyer will be responsible for paying an upgrade fee and for the ongoing payment of any additional monthly fees associated with such upgrade. Membership upgrade will be charged upon completion of allowed classes within current membership. Member will note that this may change their billing date. 9. BUYER S OBLIGATION: Buyer shall not be relieved of Buyer s obligations to make payments agreed to, and no deduction from any payments shall be made because of Member s failure to use the Club s facilities. Member dues are for the period of time and are no way related to actual usage of the Club. 10. PAYMENT FOR CHARGES OR OTHER GOODS AND SERVICES: Buyer/Member has provided CrossFit Outbreak with its credit card or other financial institution information for the purpose of paying for goods and services, which Buyer/Member may purchase. These other charges may include fees for personal training, retail apparel, food, beverages or special events. Buyer/Member recognizes and agrees that CrossFit Outbreak will maintain this information in its files and acknowledges Seller s right to charge payment under the Authorizations Section above for such services at any time during the course of the membership. 11. ENTIRE AGREEMENT: Except for the Rules, Regulations and Schedules posted at the Club or issued orally by CrossFit Outbreak from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of CrossFit Outbreak. Employees are not authorized to make any independent agreement with any Member/Buyer. If any provision or portion of this Agreement or the application thereof to any person or party or circumstances shall be invalid or unenforceable under applicable law, such event shall not affect, impair, or render invalid or unenforceable the remainder of this Agreement.

3 12. UNPAID BALANCES: Members will not be permitted to use the Club s facilities until all fees and charges are current. Buyer and/or Member is obligated to pay any collection and/or legal costs incurred by CrossFit Outbreak for collection of any fees and/or charges. CrossFit Outbreak reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization. Further, as provided in Section 11 above and Section 20 and Section 29 below, CrossFit Outbreak reserves the right to charge the credit card or other account identified under the Authorizations Section of this Agreement for the unpaid balance of any goods or services purchased and not paid for in another manner. If any check or credit card charge payable to CrossFit Outbreak is not honored, Management will assess a $25 charge for each check and credit card rejected and collect the current and past-due balance in any subsequent month. To the extent that the Buyer and Member are not the same person, Member shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for use of the Club). For month to month memberships, the statement balance is due on the due date of the month and is considered late and past due (5) days past the due date. A late fee of $20 will be assessed to any unpaid balance when it becomes past due. 13. VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto Club premises. CrossFit Outbreak shall not be liable for the loss of, theft of, or damage to, the personal property of Members or guests, including items left in locker rooms or elsewhere in the club. 14. CHILDREN S USE: Children under fifteen (15) years of age may use the Club only with the express permission of Management and under the direct supervision of a legal guardian at all times. 15. MEMBERSHIP FREEZE POLICY: Members may temporarily freeze their membership in accordance with the following terms: A) Member may freeze their membership once per twelve (12) month period for a minimum of one (1) month and a maximum of three (3) consecutive months in one-month increments. Member/Buyer will be charged the CrossFit Outbreak monthly freeze fee of $40. B) For freezes over three months, a deposit in the value of one month of current membership rate, must be taken, which will be applied retroactively to the next pay period. In the event of a cancellation after the hold period, the deposit shall be forfeited to Crossfit Outbreak in full. C) Freeze requests must be sent via to CrossFit Outbreak at least five (5) days prior to the intended freeze start date. D) If the Member is not medically able to use the Club, they can request a medical freeze for up to six (6) months. Member must provide a written doctor s note stating that the Member can no longer safely use the Club s services at the time of the freeze request. E) Member/Buyer may not freeze a membership for any reason unless the account is in good standing. F) Members joining as part of a corporate program shall not be permitted to freeze their memberships. G) All freeze requests must be made in advance. No retroactive freezes are permitted. H) I understand that my non-refundable renewal payment will be processed if this request is submitted less than 3 business days before my renewal date. 16. CLASS FITNESS RULES: Allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. If you are new to group based fitness or have a preexisting injury or problems that prevents full participation, please discuss the situation with the Class Instructor before each class. 17. DRESS CODE: Proper athletic attire and footwear must be worn at all times. 18. PERSONAL TRAINING: All sales of personal training are final and non-refundable. Personal training sessions expire 90 days from the date of purchase unless indicated otherwise and are subject to the following conditions: A) Members may cancel or change the time of the session at least twenty four (24) hours prior to the Session. Member/Buyer will be charge for the full cost of the Session in the event of a cancellation or no-show within twenty-four (24) hours of the scheduled start time. B) Payments for Sessions is required to be made by the Member/Buyer before the date of the Session. If payment is not otherwise made by the Member, charges for late cancellations or no show appointments for Sessions will be charges to the Member s/buyer s credit card or other account which is on file pursuant to the

4 Authorizations Section of this Agreement. C) CrossFit Outbreak may from time to time offer discounts on multiple session packages, these discounts apply to only those Sessions which are part of the discounted package, any additional sessions will be charged at the then current rate. D) No action is required to be taken by the Member in connection with these regulations. 19. NON-CROSSFIT OUTBREAK PERSONAL TRAINERS: Use of Non-CrossFit Outbreak personal trainers is strictly forbidden without the express written consent of management. Members may not train other members and any Member found in violation will be banned from the Club and will be charged the then current personal training session rate for each violation. Any ban for reasons of violation of this Section will include a Termination Fee if prior to the Obligation Date above. 20. PRICING: CrossFit Outbreak reserves the right to increase the monthly or annual fee and will provide thirty (30) days notice to the Member/Buyer regarding any such change in pricing; providing that pricing for Members who joined as part of a corporate program are subject to the pricing agreement between Seller and Member s employer or corporate sponsor. Should membership pricing increase, any Member with a current and active membership will be grandfathered permanently into their monthly fee. Should a Member request to upgrade/downgrade their membership, they will be subject to the new monthly fee. 21. CORPORATE MEMBERS: If a Member is part of a corporate program between CrossFit Outbreak and a third party, then if there is a conflict or inconsistency between this Agreement and the terms and conditions of the letter of agreement between CrossFit Outbreak and such third party, the terms and conditions of the corporate program will govern and control. 22. REVOCATION OF MEMBERSHIP: CrossFit Outbreak reserves the right to revoke and cancel this membership at any time for any reason, in which case Buyer/Member will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement (except any initiation fee), provided however, that the Seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided, that the Seller may demand the reasonable costs of goods and services which the Member consumed or wishes to retain after cancellation of the contract. Member further agrees that any free months received as an inducement to enter into this Agreement or for any other reason including referral bonus, such free months shall not be considered in computing the amount of any refund to which Member shall be entitled. 23. MEMBER S COVENANT OF DUE CARE: Member herby acknowledges and assumes all risks associated with his/her failure to use reasonable care and/or use of the facility and/or equipment for other that the intended purposes, and agrees to indemnify, defend, and hold harmless CrossFit Outbreak from any and all liability, damages, losses, suits, demands, causes of action or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury or death (including injury to others), to the extent any of the foregoing arise out of or relate in any way to Member s negligence, intentional acts and/or failure to exercise reasonable care when using the facilities and equipment. 24. GOVERNING STATE: This Agreement shall be governed by the laws of the State of New York, and any legal action relating to or arising out of this Agreement shall be commenced exclusively in the Supreme Court of the State of New York in and for Kings County, (or if such Supreme Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in such county and having subject matter jurisdiction). This agreement may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as consent to any subsequent waiver or modification. If any term or provision of this Agreement is held to be void or unenforceable, that term or provision will be severed from this Agreement, the balance of the Agreement will survive, and the balance of this Agreement will be reasonably construed to carry out the intent of the parties as evidence by the terms of this Agreement.

5 25. COMPLIMENTARY ITEMS: Complementary items (including all promotional items) may be distributed at the discretion of CrossFit Outbreak and have no cash value. Only members with an active account in good standing may redeem complimentary items in accordance with their terms and complimentary items become null and void upon termination or expiration of membership for any reason. 26. EXCLUSIONS FROM ALL ACCESS OR UNLIMITED MEMBERSHIPS: Programs or classes currently offered may be removed from the offerings at any time at the sole discretion of CrossFit Outbreak. Removal of such programs does not in any way affect this Agreement and Member/Buyer acknowledges that current programs offered may in no way reflect future offerings. In addition, access to any new offering or program is not guaranteed to any membership type; access to new offerings by the Membership type associated with this Agreement is at the sole discretion of CrossFit Outbreak. 27. NOTICE TO MEMBER: Do not sign this Agreement until you have read it entirely (all pages). By signing below you acknowledge that you have read, understand and agree to be bound by this Agreement and all Additional Membership Agreement Terms. 28. LATE CANCEL POLICY: If a Member books a class through any method (phone, mobile app, website, in person) and does not show up to that class or cancels the class within the late cancellation window, such members will be charged a $10 fee per Late Cancellation and/or No-Show. This fee will be charge to the Member s/buyer s credit card or other account which is on file pursuant to the Authorizations Section of this Agreement. The Late Cancellation policy may be amended from time to time at the sole discretion of CrossFit Outbreak. 29. PHOTOGRAPHY, VIDEO AND SOCIAL MEDIA RELEASE. Undersigned Member hereby authorizes, without limitation, CrossFit Outbreak to use photographs, video, and other media of myself within the facility, and grant and convey to CrossFit Outbreak all rights, titles and interests in any and all media. This grant will include but not be limited to the right to copyright, use, alter, and publish such media, and the right to any royalties, proceeds or other benefits derived from the media. Media may be published on the CrossFit Outbreak website and in social channels including, but not limited to, Instagram, Facebook, and SnapChat. I hereby waive any right that I may have to inspect or approve the media, any materials that may be used in connection with the media, or the use to which it may be applied. 30. COUNTERPARTS AND ELECTRONIC AGREEMENT: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. Furthermore this Agreement may be signed digitally in accordance with The Uniform Electronic Transactions Act including placing a checkmark in an attached box prior to digitally accepting or resolving this agreement.