MEMBERSHIP AGREEMENT, RELEASE, AND ASSUMPTION OF RISK

Fit360 Total Training · Gym Box Enterprises, LLC · 700 Miami Circle NE, Atlanta, GA 30324

Effective: August 25, 2026 · Version 1.0

The Fit360 Minor Participation Addendum is available at www.fit360totaltraining.com/minor-participation-addendum. A printed copy of this Agreement, and of the Addendum, is available at the gym on request.

PLEASE READ THIS ENTIRE AGREEMENT. IT AFFECTS YOUR LEGAL RIGHTS. BY JOINING, YOU GIVE UP THE RIGHT TO SUE FIT360 AND OTHERS FOR ORDINARY NEGLIGENCE, AND YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR OWN HEALTH AND SAFETY AT THIS FACILITY.

THIS IS NOT A STAFFED GYM. NO ONE IS ON DUTY TO SUPERVISE, MONITOR, OR ASSIST YOU. In short: you may be entirely alone in the building; there is no landline, panic button, or medical staff — 911 from your own phone is the emergency response; you alone are responsible for your own health, safety, and due diligence here; you assume the risk of communicable disease at this facility; and by joining, you give up the right to sue Fit360 for ordinary negligence, including through the arbitration terms in §15 (which you may opt out of within 30 days without affecting your membership). Please read §4, §5, and §6 with particular care — they're not boilerplate.

1. DEFINITIONS

1.1 "Fit360" or the "Gym" means Fit360 Total Training, operated by Gym Box Enterprises, LLC, located at 700 Miami Circle NE, Atlanta, GA 30324, together with its premises, equipment, parking areas, and common areas.

1.2 "Released Parties" means, collectively: Fit360; Gym Box Enterprises, LLC; Fitzroy Smith, both individually and professionally; and each of their respective present and former owners, members, managers, officers, directors, shareholders, employees, agents, volunteers, affiliates, insurers, successors, and assigns — together with every personal trainer, group-fitness instructor, coach, and practitioner working at the Gym in any capacity, however engaged, and each of their respective businesses, employees, and agents.

1.3 "Activities" means any presence at or use of the Gym, its equipment, facilities, or programs, including but not limited to personal training, group training, small-group and class-based training, resistance and weight training, cardiovascular exercise, stretching, mobility and recovery work, conditioning, nutrition or wellness guidance, and use of the locker rooms, restrooms, parking area, and common areas — at any location, at any time, whether staffed or unstaffed, and whether or not supervised.

1.4 "Member" means the undersigned individual.

2. INFORMED CONSENT AND PHYSICIAN APPROVAL

2.1 Member has been informed that Member should obtain a physician's approval before participating in an exercise program at Fit360, whether with Fitzroy Smith, with any other trainer or instructor, or alone.

2.2 If Member does not have a physician's approval, Member affirms that Member is in good physical condition and understands that Member is entering a physical training program at Member's own risk, against Fit360's express recommendation.

2.3 Member has enrolled in a strenuous exercise program that may include personal training, group training, resistance and weight training, and cardiovascular exercise. Member affirms that Member is in good health and does not suffer from any condition or disability that would prevent or limit safe participation.

2.4 Fit360, as facility operator, does not itself administer a health intake form for general gym access. If Member engages a personal trainer, instructor, or coach at the Gym, that individual conducts their own client intake and health screening for their own clients, and Member has completed that process fully and truthfully, withholding no information regarding Member's general health.

3. HEALTH REPRESENTATION AND CONTINUING DUTY TO DISCLOSE

3.1 Member represents that Member is in good physical condition and has no medical condition, injury, disability, or impairment that would make participation in the Activities unsafe.

3.2 Member represents that Member has disclosed, and will continue to disclose — directly to Fit360 for general facility access, and separately to any personal trainer, instructor, or coach Member personally engages — all medications, allergies, pre-existing medical conditions, prior injuries, family medical history, pregnancy, and any other factor that may bear on safe participation.

3.3 Member's health representations are continuing. Member agrees to promptly notify Fit360, and any trainer working with Member, of any change in health status, diagnosis, medication, injury, surgery, or pregnancy occurring at any time during Member's membership, and to obtain renewed physician clearance where appropriate.

3.4 Member acknowledges that Fit360 relies on these representations in granting access, that they are material to this Agreement, and that any inaccuracy or omission is at Member's sole risk.

4. FACILITY ACCESS; UNSTAFFED OPERATION

4.1 Posted operating hours; closures

The Gym is open to members during its posted operating hours. Fit360 posts its current hours at the facility entrance, on its website, and on its public business listings, and may change them at any time, effective on posting.

The Gym is closed outside posted hours. Member agrees not to enter or remain in the facility outside them, and acknowledges that staffing is not provided at any point during them.

Fit360 may close the Gym, in whole or in part, at any time and without advance notice — for emergency, severe weather, power or utility failure, equipment failure, maintenance or repair, safety, public-health directive, or any other reason it deems sufficient. No such closure creates any liability, and Fit360 is under no obligation to refund, credit, extend, or prorate any membership, fee, or session on account of it.

4.2 The Gym is not a supervised facility

Member expressly acknowledges and agrees that Fit360 is not a supervised or attended facility during any of its operating hours, and that Member's use of it is at Member's own risk and on Member's own responsibility at all times. Specifically:

1. the Gym maintains no front-desk or reception coverage, and there may be no Fit360 staff, trainer, manager, or other personnel present at any time Member is on the premises;

2. trainers and instructors are present only when conducting their own scheduled sessions with their own clients, and are not on duty to supervise, monitor, spot, assist, instruct, or respond to Member, and owe Member no duty to do so;

3. the presence of a trainer or instructor on the premises does not constitute supervision of Member, and Member may not rely on it as such;

4. Member may be entirely alone in the facility, and no person may be aware of, or able to respond to, an injury or medical emergency affecting Member;

5. no equipment inspection, floor monitoring, spotting, or emergency observation is performed at any time.

4.3 Sole responsibility during access

Member accepts sole and exclusive responsibility for Member's own safety, conduct, exercise selection, load selection, technique, warm-up, hydration, and pacing. Member agrees to exercise within Member's own capabilities and to discontinue any activity immediately upon experiencing pain, dizziness, disorientation, chest discomfort, shortness of breath, or any other warning sign.

4.4 Specific obligations while using the facility

Member agrees that Member will:

1. follow all posted rules, signage, access procedures, and safety instructions;

2. not perform maximal, near-maximal, or failure-point lifts without a qualified spotter present, and not perform barbell bench press, back squat, or overhead press to failure while alone;

3. use safety collars, clips, spotter arms, and safety pins where provided;

4. re-rack all weights and return equipment to its designated position;

5. not use any equipment that appears damaged, worn, or malfunctioning, and report it promptly;

6. not admit, prop a door for, or permit entry to any other person, including guests, family members, or children, and not share, lend, or transfer any access credential, key, fob, or code;

7. carry a working, charged mobile phone on Member's person at all times while on the premises — Member acknowledges that this is Member's only means of summoning help (see §4.7);

8. call 911 immediately in the event of any injury, illness, or emergency, and not wait for staff to arrive.

4.5 Access credentials

Any access credential issued to Member is personal, non-transferable, and issued in reliance on this Agreement. Member is responsible for all use of Member's credential, whether or not authorized by Member. Admitting an unauthorized person is grounds for immediate termination of access without refund, and Member indemnifies the Released Parties for any claim arising from a person Member admitted.

4.6 Video surveillance — video only, recorded, not monitored

Member acknowledges and consents to the use of video cameras that record, and may display a live feed of, the interior common areas and exterior approaches of the premises. The system records video only — no audio is captured or recorded. Member expressly understands and agrees that:

1. the cameras exist for property and security purposes only, and are NOT monitored for member safety. No person is assigned to watch the feed, and no one may be watching it at any given moment;

2. the cameras therefore create no duty on the part of any of the Released Parties to observe Member, to notice an injury or emergency, to respond, or to summon help, and Member must not rely on them for any of those purposes;

3. recordings are retained only for a limited period in the ordinary course and are then automatically overwritten. Footage is not kept indefinitely. Recordings may not exist, may be incomplete, or may not cover the area in question; Fit360 makes no representation that footage of any particular incident will exist or be retained, and undertakes no obligation to preserve or produce it except as required by law;

4. no cameras are placed in restrooms, changing areas, or showers;

5. Member consents to being recorded while on the premises, and to Fit360's use of recordings for security, incident investigation, insurance, and enforcement of facility rules.

4.7 No emergency communication equipment on the premises

Member acknowledges that the Gym has no landline telephone, no emergency call box, and no panic button of any kind. Member's own mobile phone is the only means of summoning emergency help from the facility. Member accepts full responsibility for carrying a charged phone and for the consequences of failing to do so.

4.8 Security

Member acknowledges that Fit360 does not provide security services or security personnel, and makes no representation regarding the security of the premises, the parking area, or any approach to the building. Member assumes all risk associated with entering, occupying, and leaving the premises.

4.9 No duty created by past practice

The fact that staff, trainers, or other persons have been present on prior occasions, or that any assistance has been rendered on any prior occasion, creates no duty, expectation, or standard of care for any future occasion.

5. EMERGENCY RESPONSE; NO MEDICAL PERSONNEL

5.1 What this section does and does not say

Fit360 cares about the people who train here, and nothing in this Agreement discourages any person from helping someone in distress — §5.6 expressly protects anyone who does. What this section establishes is what Member may rely on. Because Member may at times be the only person in the building, Fit360 cannot promise that another person will be present, aware of Member's situation, or able to assist. Member must plan for that possibility.

5.2 No medical staff

Fit360 does not employ, and does not have on site, any physician, nurse, paramedic, athletic trainer, or other licensed medical professional. No medical care of any kind is available at the Gym.

5.3 Automated external defibrillator (AED) — present and maintained

An AED is present at the Gym. Fit360 inspects and maintains it, including replacement of batteries and electrode pads. Member nonetheless expressly acknowledges and agrees that:

1. the AED is provided voluntarily, and its presence creates no duty on the part of any of the Released Parties to use it, to ensure it is used, or to ensure that a person capable of using it is present;

2. no responder is on duty. Member may be alone in the facility, in which case no one will be present to retrieve or operate the AED on Member's behalf;

3. a device Member cannot operate on themselves is not a substitute for emergency medical services. Member must call 911 first;

4. Member does not rely on the presence of the AED in deciding to use the Gym or in selecting Member's activities, and its presence does not make the facility supervised, attended, or medically staffed.

5.4 First aid

Any first-aid supplies present are provided voluntarily, and may be depleted or expired at any given moment. No representation is made that any particular first-aid supply will be available.

5.5 No emergency telephone or call button

As stated in §4.7, the Gym has no landline, no emergency call box, and no panic button. 911, dialed from Member's own mobile phone, is the emergency response mechanism for this facility.

5.6 Good-faith assistance

If any of the Released Parties, or any other member or person present, elects to render aid or assistance in an emergency — including use of the AED — they do so voluntarily and as a Good Samaritan, and Member releases them from all liability for the rendering of, the manner of rendering of, or the failure to render such aid, to the fullest extent permitted by Georgia law.

5.7 Emergency authorization

Member authorizes the Released Parties to summon emergency medical services and to consent to emergency medical treatment on Member's behalf if Member is unable to do so, and agrees to be solely responsible for all costs of transport and treatment.

5.8 Emergency contact

Member agrees to provide and keep current an emergency contact name and telephone number, and authorizes Fit360 to contact that person in an emergency.

6. MEMBER'S OWN DUE DILIGENCE; NO ONE AT THE GYM IS RESPONSIBLE FOR MEMBER

6.1 Member is responsible for Member

Member understands and agrees that Member — and no one else — is responsible for Member's own health, safety, and wellbeing at the Gym. Fitzroy Smith is not responsible for Member. No trainer, instructor, coach, employee, or other person at the Gym is responsible for Member. That responsibility is Member's alone, at all times, on every visit.

6.2 Due diligence is Member's obligation

Member agrees that it is Member's own obligation to do Member's own due diligence regarding Member's health and fitness before and during participation — including to:

1. know Member's own body, limits, conditions, and injury history, and train within them;

2. consult Member's own physician about whether exercise is safe for Member, and about any condition, medication, injury, pregnancy, or symptom that might affect participation;

3. decide for Member's self whether any exercise, weight, class, program, machine, or piece of advice is appropriate and safe for Member;

4. inspect equipment before using it, and not use anything that appears damaged, worn, or unsafe;

5. learn correct form for any movement before performing it, and ask if unsure;

6. stop immediately and seek help at any sign of pain, dizziness, chest discomfort, shortness of breath, or distress.

6.3 No one is monitoring Member

Member understands that no one at the Gym is watching, checking on, screening, assessing, spotting, or evaluating Member, and that Member should not expect or rely on anyone to do so, to correct Member's form, to intervene if Member is doing something unsafe, or to notice if Member is in difficulty. The absence of a correction is not an approval.

6.4 Guidance is general, not medical

Any instruction, program, coaching, demonstration, or nutritional or wellness suggestion given at the Gym — by Fitzroy Smith or by anyone else — is general fitness guidance only. It is not medical advice, diagnosis, treatment, physical therapy, or a substitute for care from a qualified healthcare provider, and it is not tailored to any medical condition Member has not disclosed. Member is responsible for evaluating any such guidance against Member's own circumstances and for declining anything that does not feel right for Member.

6.5 Member's duty to speak up and to stop

If there is any exercise Member feels unable to do, it is Member's own obligation to say so immediately to Fitzroy Smith or to whichever trainer or instructor is leading, and it is Member's own obligation to discontinue participation immediately. Member understands that the Released Parties cannot be held responsible for Member's continued participation in any program or session, and that continuing may result in injury.

6.6 Choosing to work with a trainer

If Member chooses to train with, take instruction from, or follow the programming of any trainer or instructor at the Gym, Member does so by Member's own choice, after Member's own due diligence, and at Member's own risk, and releases the Released Parties from all liability arising from it.

6.7 Trainers carry their own insurance

Every trainer, instructor, and coach working at the Gym is required by Fit360 to maintain their own professional liability insurance. Member acknowledges that any claim arising from a particular trainer's own conduct is a matter between Member and that trainer and that trainer's insurer, and that Fit360 is not a party to it and is not responsible for it.

6.8 Other members and guests

Member acknowledges the risk of injury caused by the acts, omissions, negligence, or intentional conduct of other members, guests, and other persons on the premises — including dropped or improperly stored weights, collisions, misused equipment, and equipment left in an unsafe condition — and assumes that risk and releases the Released Parties from any liability arising from it.

6.9 Group training

Member acknowledges that a group training session involves more than one client at a time, that it therefore divides the trainer's attention among multiple participants, and that this increases Member's chance of injury. Member elects to participate on that basis.

6.10 Third parties on the premises

Other businesses, activities, deliveries, or visitors may be present at the premises from time to time. Fit360 is not responsible for their acts or omissions.

7. ASSUMPTION OF RISK AND RELEASE OF LIABILITY

7.1 Assumption of risk

Member voluntarily assumes all risks arising from the Activities and from Member's presence at the Gym — whether caused by the ordinary negligence of the Released Parties or otherwise — including risks arising from equipment, facilities, the unstaffed nature of the facility, other participants, and Member's own acts and omissions. Member is participating at Member's own risk.

7.2 Release

To the fullest extent permitted by the law of the State of Georgia, Member releases, waives, and forever discharges the Released Parties from any and all liability, claims, demands, causes of action, damages, losses, costs, and expenses for injury, death, illness, property damage, or loss arising out of or in any way relating to the Activities or Member's presence at the Gym — now or in the future — including injury or loss caused by the ordinary negligence of the Released Parties.

7.3 Without limitation

This release applies to injury and illness however caused, occurring during or after Member's participation, including but not limited to: heart attack; muscle strain, pull, or tear; broken bones; shin splints; heat prostration; joint injury; and any other illness, soreness, or injury arising from weight training, cardiovascular exercise, nutrition guidance, personal training, or group training.

7.4 Cardiovascular and other equipment

Member understands that cardiovascular and other equipment is provided as an added benefit to help Member pursue Member's fitness goals, and Member agrees to waive liability and hold harmless the Released Parties for any incident resulting from weight training, cardiovascular workouts, nutrition guidance, or group training in which Member has chosen to participate at Member's own risk.

7.5 Covenant not to sue

Member promises not to sue the Released Parties on any claim released by this Agreement.

7.6 Member understands what is being given up

Member understands that Member is giving up substantial legal rights, including the right to sue for ordinary negligence, and does so freely.

7.7 Binding on others

This release binds Member and Member's heirs, executors, administrators, personal representatives, spouse, family, and assigns.

8. COMMUNICABLE AND INFECTIOUS DISEASE

8.1 Nature of the risk

A gym is a shared indoor environment in which people breathe heavily, sweat, and repeatedly contact the same surfaces and equipment. Member acknowledges that this environment carries an inherent and unavoidable risk of exposure to communicable and infectious diseases, including but not limited to COVID-19 and its variants, influenza and other respiratory viruses, norovirus and other gastrointestinal illnesses, bacterial infections including staphylococcus and MRSA, and fungal and skin infections including ringworm and athlete's foot. Member further acknowledges that no cleaning, screening, ventilation, or distancing protocol can eliminate this risk, and that exposure may result in illness, hospitalization, long-term or permanent disability, or death, to Member or to persons Member subsequently comes into contact with.

8.2 Voluntary assumption of risk

Member is not required to enter the Gym. Member enters and uses the Gym voluntarily, with full knowledge of the risk described above, and knowingly and freely assumes that risk in its entirety — including risk arising from the acts, omissions, or negligence of the Released Parties, of other members, of guests, and of any other person on the premises.

8.3 Member's own responsibility

Member agrees that Member alone is responsible for Member's own protection against communicable disease, and that Fit360 does not undertake that responsibility on Member's behalf. Member agrees to:

1. not enter the Gym while experiencing symptoms of a communicable illness — including fever, chills, persistent cough, shortness of breath, vomiting, diarrhea, or an open, draining, or untreated skin lesion or rash;

2. not enter the Gym while subject to an isolation or quarantine directive from a physician or public health authority;

3. cover any open wound, lesion, or rash before using shared equipment;

4. wipe down equipment before and after use, and use a towel or barrier on shared benches, mats, and pads;

5. determine for Member's self, in consultation with Member's own physician, whether Member's individual health status, medical conditions, medications, immune status, age, or vaccination status makes gym attendance advisable for Member.

8.4 No representation of a disease-free facility

Member acknowledges that Fit360 makes no representation, warranty, or guarantee that the premises, equipment, air, or surfaces are free of infectious agents; that any other member or guest is free of illness; or that any particular cleaning, screening, ventilation, or occupancy practice is or will be in effect at any given time. Any protocol Fit360 elects to adopt is a voluntary courtesy, not a duty owed to Member, and Fit360 may adopt, modify, suspend, or discontinue any such protocol at its sole discretion without notice and without creating any obligation or standard of care.

8.5 Compliance with posted requirements

Where Fit360 posts a health or hygiene requirement, or where one is imposed by law or by public health authority, Member agrees to comply with it. Fit360 may deny entry to, or remove, any person who declines to comply or who appears symptomatic — and Member agrees that the exercise of that discretion, or the failure to exercise it in any particular instance, creates no liability and no duty to any member.

8.6 Waiver, release, and covenant not to sue

To the fullest extent permitted by Georgia law, Member releases, waives, and forever discharges the Released Parties from any and all claims — including claims of ordinary negligence — arising out of or in any way related to exposure to, contraction of, or transmission of any communicable or infectious disease connected to Member's presence at or use of the Gym. Member covenants not to sue the Released Parties on any such claim. This release extends to claims by Member, by any person claiming through Member, and by Member's household members, family, guests, heirs, executors, administrators, and assigns.

8.7 Indemnification

Member agrees to indemnify, defend, and hold harmless the Released Parties from any claim brought by, or on behalf of, any person alleging transmission of a communicable disease traceable to Member's presence at the Gym — including claims by Member's own guests, household members, or family — together with reasonable attorneys' fees and costs.

8.8 Responsibility for guests

Member is responsible for the conduct of, and for the accuracy of any health representation made by or on behalf of, any guest Member brings to the Gym.

9. PERSONAL PROPERTY

Member acknowledges that Fit360 provides no secure storage and assumes no responsibility for loss, theft, or damage to any personal property, including property stored in a locker, cubby, or bag, left on the floor, or left in a vehicle or the parking area. Lockers, where provided, are for temporary daytime use only; Fit360 may remove and dispose of items left overnight. Member is encouraged not to bring valuables to the Gym.

10. MINORS AND GUESTS

10.1 Membership is 18+. Membership in the Gym, and any access credential, is available only to persons 18 years of age or older. No credential, key, fob, or code may be issued to, held by, or used by a person under 18.

10.2 No unaccompanied minor, ever. No person under 18 years of age may enter or use the Gym unaccompanied, at any time, under any circumstances. The Gym is unstaffed throughout its operating hours and no supervision is available for a minor at any time.

10.3 A minor may be present only under a separately signed Addendum. A person under 18 may be present at the Gym only where their parent or legal guardian has executed the Fit360 Minor Participation Addendum in person, before the minor's first visit, and only on the terms set out in it — which require, among other things, that the parent or guardian remain physically present on the floor and within sight of the minor for the entire visit. This Agreement alone does not permit a minor's presence. The complete Minor Participation Addendum is also posted here at the front desk.

10.4 Withdrawal. Fit360 may withdraw permission for any minor to be present at any time, for any reason or no reason, without explanation and without refund.

10.5 Guests. No guest may be admitted without Fit360's prior authorization and without the guest executing this Agreement in their own name before entering. Member is fully responsible for any guest Member admits or brings, and indemnifies the Released Parties for any claim arising from that guest's presence, conduct, or injury.

10.6 Admitting a minor or guest is a termination event. Admitting any minor otherwise than under a signed Addendum, or admitting any unauthorized person, is grounds for immediate termination of Member's membership without refund, and Member indemnifies the Released Parties for any claim arising from that person's presence.

11. CONDUCT AND FACILITY RULES

11.1 Member agrees to follow all rules, policies, posted signage, and instructions of the Gym; to use equipment safely and for its intended purpose; to re-rack weights and return equipment; and to treat trainers, staff, and other members with respect.

11.2 Member agrees not to engage in harassing, threatening, discriminatory, intoxicated, or unsafe conduct; not to film or photograph any other person without their consent; and not to conduct any business, training, coaching, or commercial activity at the Gym without Fit360's prior written authorization.

11.3 Fit360 may suspend or terminate Member's access or membership, immediately and without refund, for breach of this Agreement or of any facility rule.

11.4 Fit360's failure to enforce any rule on any occasion is not a waiver of its right to enforce it on any other occasion.

12. FEES

12.1 Member understands that there is an annual facility maintenance fee of $69.00 for the upkeep of the facility.

12.2 Fit360 may increase this fee, and will notify members of any change — and of any other change at the Gym, including changes to facility rules — by email and by posted notice at the facility, at least thirty (30) days in advance.

12.3 Except where required by law, fees are non-refundable, including on suspension or termination under §11.3 or on any closure under §4.1.

13. TERM AND CONTINUING EFFECT

This Agreement takes effect on the date signed and remains in full force and effect for the entire duration of Member's relationship with Fit360 — through every visit, session, program, renewal, membership change, class, and use of the facility, staffed or unstaffed — and continues to apply after that relationship ends with respect to any claim arising from it. A new signature is not required for each visit, program, or renewal. This Agreement is binding on Member and on Member's heirs, executors, administrators, personal representatives, spouse, family, and assigns.

14. GOVERNING LAW, SAVINGS, AND SEVERABILITY

14.1 Governing law and venue. This Agreement is governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict-of-law principles. Member consents to exclusive jurisdiction and venue in the state and federal courts located in Fulton County, Georgia.

14.2 Scope and savings. Member intends this Agreement to be as broad and inclusive as is permitted by the law of the State of Georgia, and expressly intends it to release claims arising from the ordinary negligence of the Released Parties. Nothing in this Agreement purports to release any claim that may not lawfully be released under Georgia law, including claims arising from gross negligence or wilful or wanton misconduct. If any portion of this Agreement is held to exceed what Georgia law permits, that portion shall be reformed or narrowed to the maximum extent permitted rather than voided, and the balance shall remain in full force and effect.

14.3 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions continue in full force and effect.

14.4 No waiver. Fit360's failure to enforce any provision on any occasion is not a waiver of its right to enforce it on any other occasion.

15. DISPUTE RESOLUTION AND ARBITRATION

15.1 Informal resolution first. Before initiating any proceeding, the party raising a dispute agrees to give the other written notice describing the dispute and the relief sought, and the parties agree to attempt in good faith to resolve it informally for thirty (30) days from that notice.

15.2 Agreement to arbitrate. If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to this Agreement, Member's membership, or Member's use of the Gym — including claims of personal injury, and including the validity, scope, or enforceability of this arbitration provision — shall be resolved by final and binding arbitration under the Federal Arbitration Act, administered by an arbitration provider selected by Fit360 at the time the dispute is filed, under that provider's then-current consumer arbitration rules, rather than in court.

15.3 Location, costs, and conduct. Arbitration shall be conducted in Fulton County, Georgia, before a single arbitrator, and may be conducted by written submission, telephone, or videoconference where the rules permit. Allocation of filing, administrative, and arbitrator fees shall be governed by the administering provider's consumer rules.

15.4 Class-action waiver. Member and Fit360 each agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

15.5 Carve-outs. Nothing in this section prevents either party from bringing an individual claim in small-claims court, or from seeking injunctive relief to protect the premises, property, or access credentials.

15.6 Right to opt out. Member may opt out of this §15 without affecting any other part of this Agreement by delivering written notice to Fit360 at 700 Miami Circle NE, Atlanta, GA 30324, or info@fit360totaltraining.com, within thirty (30) days of first signing. Opting out has no effect on Member's membership and Fit360 will not retaliate.

15.7 Survival. This section survives termination of Member's membership.

15.8 Federal Arbitration Act. This section is governed by the Federal Arbitration Act.

16. ACKNOWLEDGMENT, SIGNATURE, AND ENTIRE AGREEMENT

16.1 Entire agreement. This Agreement, together with any posted facility rules, any intake materials used by a trainer Member personally engages, and (where applicable) the Fit360 Minor Participation Addendum, is the entire agreement between Member and Fit360 on its subject matter, and supersedes all prior waivers, releases, and agreements — including any prior Fit360 release and any prior COVID-19 or venue-related document.

16.2 Amendment. This Agreement may be amended only in a writing adopted by Fit360. Continued use of the Gym after notice of an amendment constitutes acceptance.

16.3 Electronic signature. Member agrees that an electronic signature, digital acceptance, or click-through acceptance has the same force and effect as a handwritten signature, and that Fit360 may retain this Agreement electronically.

16.4 Acknowledgment. By signing or accepting through GymFlow, Member acknowledges that Member has read this entire Agreement, has had the opportunity to ask questions and to consult an attorney, understands it to be a release of legal rights including the right to sue for ordinary negligence, and signs it freely and voluntarily, without inducement, in exchange for permission to use the Gym.

16.5 Notices. Notices to Fit360 under this Agreement shall be sent to 700 Miami Circle NE, Atlanta, GA 30324, or info@fit360totaltraining.com.

MINORS: this Agreement does NOT cover a minor's presence. A parent or guardian who wishes to bring a minor must sign the separate Fit360 Minor Participation Addendum, in person, before the minor's first visit.