MEMBERSHIP TERMS & CONDITIONS

DISCLAIMER

This agreement does not take into account your particular circumstances and it is not intended to be comprehensive but is an agreement for membership services. The law and other relevant circumstances may change from time to time, and not all changes may be reflected in this form. Where you are unsure about the terms of this document, you should seek independent legal advice.

This document and any of the notes contained therein does not constitute legal advice and must not be relied upon by you as a substitute for seeking legal advice. We are not responsible for any action taken or not taken in reliance on this document.

F45 TRAINING

MEMBERSHIP TERMS AND CONDITIONS

1. DEFINITIONS

Administration Fee means any reasonable administrative costs incurred by us in relation to a Membership.

Agreement means this agreement, comprising of the Details and the Terms.

Biller means Mindbody, Inc.

Cancellation Fee means an amount equal to 50% of the balance of your Fees for remainder of the term of your agreement. CCA means the Competition and Consumer Act 2010. Class or Classes means an exercise class conducted at a Studio. Details means the details of your Membership, as set out in the Online Booking System.

Direct Debit Payment Agreement means the periodic billing agreement you enter into with our third-party Biller for periodic billing services.

Fees means the fees payable for a Membership.

F45 Training means F45 Training Pty Ltd (ACN 162 731 900), its related body corporates and affiliates and includes any successor or assignee.

Guest means any person who attends a Studio who is not a Member.

Instructor means any person who is instructing, or assisting with the instruction of, a Class.

Member means a person who holds a Membership for a Studio. Membership include an annual membership, half year membership, month-to-month membership and a multi pass membership.

Online Booking System means the online booking system whereby Members can view and select a Class to attend and purchase a Membership.

Pre-Exercise Questionnaire means the questionnaire or other screening we may require you to answer before using the Studio or participating in a Class.

Studio means any F45 Training studio.

Studio Rules means the rules referred to in clause 5.3. Terms means these terms and conditions.

“us” or “we” means the Studio to which you have agreed to become a Member.

“you” means the Member the subject of these Agreement. 2. FEES & TERM

2.1. The Fees you are required to pay, and the term of this Agreement are set out in the Details.

2.2. If you do not make any payment when it is due, your Membership may be suspended, and you could be refused access to a Studio until all outstanding amounts have been paid.

2.3. Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.

2.4. Any Fees paid by direct debit will be collected through our third-party Biller. You will be provided with a copy of Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement.

2.5. By nominating a credit or debit account, you authorize our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement.

2.6. You must keep your account details up to date and ensure there is enough money in your nominated account on the usual payment date, or the next working day if that falls on a day when banks do not process payments. If there is not enough money in your nominated account on the usual payment day, or there

is another reason that your account was unable to be debited you may be charged an additional fee by the Biller, which may be added to your next debit amount.

2.7. A twenty dollar ($20) fee will be charged for no-shows or cancellations made less than 12 hours prior to the scheduled class time.

2.8. To ensure fair access to training sessions for all members, double bookings are not permitted. Members may participate in a second workout on the same day only if space is available following the completion of their first session. Please note that if a member attempts to book two classes in advance via the app, the system will automatically remove the second booking.

3. HEALTH & SAFETY

3.1. When you become a Member, and each time you use a Studio or participate in a Class, you must ensure that: (a) you are in good physical condition and know of no medical or other reason why you should not exercise. (b) you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of:

(i) active or passive exercise; or

(ii) participating in a Class.

If unsure about any of the matters set out above, you should not use the Studio or participate in a Class until you have sought appropriate medical guidance and been given the go-ahead.

3.2. You must not participate in a Class if:

(a) you have an infection, contagious illness or physical ailment, such as an open cut or sore.

(b) there is any other risk, however small, to other Members and Guests.

3.3. YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN HIGH INTENSITY INTERVAL TRAINING IS A STRENOUS PHYSICAL ACTIVITY AND MAY NOT BE SUITABLE FOR ALL PERSONS. IMPROPER USAGE OF ANY ITEM OF EQUIPMENT OR A FAILURE TO FOLLOW INSTRUCTIONS FROM AN INSTRUCTOR MAY RESULT IN INJURY OR DEATH.

3.4. You agree to give us all relevant personal, health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.

3.5. You promise that information you give us will be true and accurate and not misleading in any way.

3.6. We may suspend or cancel your Membership if we have reason to suspect that you have not complied with any part of this clause 3.

4. PRIVACY

4.1. When you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be:

(a) transferred to and stored out of Colorado and the United States, including to a country that does not have the same level of privacy protection as the United States.

(b) disclosed to and used by other Studios; and (c) disclosed to and used by F45 Training, the rights holder in relation the F45 Training brand, marks and training programs.

4.2. By agreeing to these Terms, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with the Terms and our privacy policy. In particular, you consent to the transfer and storage of your personal information outside the United States, and to the disclosure and use of your personal information to F45 Training.

4.3. You can access our privacy policy by contacting us in writing at anytime. You can access F45 Training’s privacy policy at f45training.com.au/terms-privacy/.

4.4. You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.

4.5. You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. By agreeing to these Terms, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or by F45 Training.

4.6. F45 Fort Collins celebrates member milestones as part of its community engagement initiatives. Milestone tracking operates on an honor system, and members are responsible for self-reporting their achievements to ensure recognition in a manner consistent with their preferences. Milestone rewards and associated prizes are exclusive to F45 Fort Collins and may differ from those offered at other locations. For detailed information and transparency regarding the milestone program, members are encouraged to refer to the Milestone Board located within the studio.

5. YOUR RESPONSIBILITIES

5.1. If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorization, appropriate

action will be taken. For example, your Membership may be immediately suspended or cancelled, you may be banned from joining any Studio and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.

5.2. For your health and safety and the health and safety of other Members, you must ensure that you comply with any direction given to you by an Instructor, or any other staff member from time to time.

5.3. Studio Rules apply to everyone attending the Studio or participating in a Class and are usually displayed in the Studio. Studio Rules must be read, understood and followed them at all times. If you break any of the Studio Rules, we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Studio Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these, and any associated legal fees required to recover the funds.

5.4. You promise to take care to use the Studio and all exercise equipment safely and properly. If you are ever not sure how to operate any equipment properly, you must ask an Instructor, or another staff member before you use it. DO NOT use equipment you are not trained to use.

5.5. You agree to pay for any loss or damage to the Studio and its equipment caused by you through a wilful, wrongful or negligent act or as a result of your breach of this Agreement.

5.6. You agree to follow any reasonable direction of a member of Studio staff relating to health, safety or security or related matters.

5.7. You promise not to bring valuables into a Studio and agree that it is not the obligation of the Studio to look after unattended property and the Studio has no financial responsibility for lost items.

6. COMMERCIAL ACTIVITY

6.1. You acknowledge that engaging in any commercial or business activities in the Studio, such as offering training services or selling goods in the Studio is prohibited unless F45 Training grants you written permission to do so. If F45 Training gives you written permission, it can revoke this at any time.

7. SUSPENDING YOUR MEMBERSHIP

7.1. You may temporarily suspend or freeze your Membership for any reason if your account is up to date. In any 12-month period you may freeze your Membership one (1) time for up to two (2) months.. All freeze requests must be submitted in writing at least

fourteen (14) days in advance and must include the exact start and end dates of the requested freeze period. A non-refundable administrative fee of twenty dollars ($20.00) will apply to each freeze request. This freeze option is processed automatically and is considered a benefit of your Membership

7.2. We may agree to freeze your Membership for more than the period noted in clause 7.1 for travel, medical or hardship reasons but you must give us proof (such as supporting documents) to our reasonable satisfaction.

8. CANCELLING YOUR MEMBERSHIP

8.1. You can cancel your Membership at any time by telling us in writing if you cannot use Studio or participate in a Class because of medical reasons, such as you contract a serious illness or a permanent physical incapacity during the term of your Membership. This must be confirmed in writing by a doctor or other medical professional, and you agree that the Studio may contact the doctor or other professional for verification purposes.

8.2. If you cancel under clause 8.1, we can charge you the Administration Fee. You will also be liable for Fees incurred, i.e. your Fees for the time you were a Member (calculated on a pro rata basis).

8.3. A Cancellation Fee is payable if you want to cancel your Membership for your convenience during the term of your agreement. It is an amount equal to fifty percent (50%) of the balance of your Fees for remainder of the fixed term of your Agreement.

8.4. All recurring memberships are on a month-to-month basis and may be canceled by providing a minimum of thirty (30) days’ written notice. If a recurring membership payment is made on the 1st day of the month and a written notice of cancellation is received on the 2nd day of that same month, one final billing cycle will occur on the 1st day of the following month. The membership shall remain active through the end of that final billing month, during which the member may continue to access and use the services.

8.5. If you Agreement is for a fixed term, it will continue after the end of that term unless you tell us in writing at any time (but at least 30 days) before the end of the term that you wish to cancel your Membership. If you tell us before the end of the term but it is less than 30 days before, your Membership will continue for another 30 days before it ends.

9. TERMINATION

9.1. In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time.

9.2. If we cancel your Membership under this clause 9, you will be liable for Fees incurred, i.e. your Fees for the time you were a Member (calculated on a pro rata basis). We may also charge a Cancellation Fee and recover costs, loss or damages caused by your breach.

9.3. You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Fees for an extended period.

10. OUR LIABILITY

10.1. If you agree to these Term, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).

10.2. Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with

reasonable care and skill at common law. This does not exclude our liability for reckless conduct.

11. GUESTS

11.1. Each Guest agrees to and must otherwise comply with clauses 3, 4, 5, 6, 10 and 12 as if a reference to a Member was a reference to a Guest.

11.2. This is an adult training gym and minimum age requirement is 18. Individuals between 14-17 years of age are welcome if they are accompanied by an adult/guardian who is a member.

12. GENERAL LEGAL MATTERS

12.1. We are not responsible if Members cannot use our Studio because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply.

12.2. If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part will not be upheld but that does not invalidate the rest of this Agreement.

12.3. If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.

12.4. You agree that we have not made any representations or promises that you have relied on that are not in this Agreement.

12.5. The law of the state or territory in which this Studio is located applies in relation to this Agreement.

WAIVER, RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT:

PLEASE READ CAREFULLY. THE EXECUTION OF THIS DOCUMENT WILL WAIVE AND RELEASE ALL CLAIMS FOR INJURIES YOU MAY SUSTAIN WHILE USING OUR SERVICES, EQUIPMENT, FACILITY, AND AMENITIES.

RELEASED PARTIES IS HEREBY COLLECTIVELY DEFINED AS THE FOLLOWING: F45 TRAINING, ALL DBA’S, AND ANY PARENT COMPANIES, LIMITED PARTNERS, FRANCHISES, INCLUDING ALL AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS.

I ACKNOWLEDGE AND DECLARE THAT:

• PARTICIPATING IN ACTIVITIES AT THE F45 TRAINING FACILITY, INCLUDING BUT NOT LIMITED TO: EXERCISE (CARDIO AND WEIGHT BEARING EQUIPMENT), PERSONAL TRAINING, GROUP/TEAM TRAINING, CYCLING, AND FITNESS CLASSES, ETC. HAVE INHERENT RISKS, DANGERS, AND HAZARDS AND FURTHERMORE, MY PARTICIPATION IN THESE ACTIVITIES ARE UNDERTAKEN AT MY SOLE RISK AND MAY RESULT IN INJURY OR IN SOME CASES DISABILITY OR DEATH.

• I AM PHYSICALLY SOUND AND HAVE NO CONDITION, IMPAIRMENT, OR ILLNESS THAT WOULD PREVENT MY PARTICIPATION IN ANY ACTIVITY OR AMENITY AT THE FACILITY.

• I HAVE HAD A PHYSICAL EXAMINATION AND HAVE BEEN GIVEN PERMISSION TO PARTICIPATE IN ACTIVITIES OR AMENITIES BY A PHYSICIAN, OR I HAVE DECIDED TO PARTICIPATE WITHOUT THE APPROVAL OF A PHYSICIAN.

• I WILL NOT USE ANY EQUIPMENT UNLESS I AM FAMILIAR WITH ITS PROPER USE. • I UNDERSTAND THAT NOT ALL RELEASED PARTIES ARE KNOWLEDGEABLE, LICENSED, CERTIFIED, OR REGISTERED PROFESSIONALS AND ACCEPT THE FACT THAT THE SKILL AND COMPETENCIES OF THE RELEASED PARTIES WILL VARY.

• NO CLAIM IS MADE TO OFFER ASSESSMENT OR TREATMENT OF ANY MENTAL OR PHYSICAL DISEASE OR CONDITION BY ANY RELEASED PARTIES.

• I GIVE THE RELEASED PARTIES, WITHOUT LIABILITY AND AT THEIR SOLE AND ABSOLUTE DISCRETION, PERMISSION TO SECURE EMERGENCY SERVICES FOR ANY TREATMENT OR SERVICES DEEMED REASONABLE AND NECESSARY FOR MY IMMEDIATE CARE AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL PAYMENTS ASSOCIATED WITH THOSE SERVICES.

I HEREBY ASSUME ALL RISKS, DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR THE CONDUCTOF THE RELEASED PARTIES. ACCORDINGLY, I ON BEHALF OF MYSELF, MY SPOUSE, CHILDREN,HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS AND ASSIGNS AND ANYONE CLAIMING BY OR THROUGH ANY OF THE FOREGOING, HEREBY VOLUNTARILY AGREE TO WAIVE, FOREVER RELEASE AND DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASED PARTIES, FROM ANY AND ALL CLAIMS, DEMANDS, PERSONAL INJURIES, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES OR WAGES, DAMAGES, ACTIONS OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR CONNECTED WITH MY USE OF THE SERVICES, EQUIPMENT AND/OR FACILITIES OF THE RELEASED PARTIES, EVEN IF THE CLAIMS ARE CAUSED IN WHOLE OR IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES.

I HAVE FULLY READ AND UNDERSTAND THIS WAIVER, RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, UNDERSTAND ALL TERMS, AND VOLUNTARILY SIGN IT. I EXECUTE IT VOLUNTARILY AND

WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE AND FULLY UNDERSTAND THAT, BY AGREEING TO IT, I AM GIVING UP LEGAL RIGHTS AND/OR REMEDIES THAT MAY BE AVAILABLE TO ME.

BY SIGNING BELOW, I ACCEPT THE TERMS AND CONDITIONS OF THE MEMBERSHIP AND BILLING AND AGREE TO ABIDE BY ALL RULES AND REGULATIONS OF THE RELEASED PARTIES, WHICH MAY BE CHANGED FROM TIME TO TIME.

___________________________________ _ ____/____/_______ Signature Date

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