The Member agrees to enter into a term plan that has a twelve (12) month obligation, which will be billed on a monthly basis. This plan, renewal, and cancellation of the same are subject to the terms and conditions set forth in this Agreement.

All enrollment plans will be charged a reoccurring annual maintenance fee of $49.00 which will be charged on April 5th each year.

DEFAULT AND LATE PAYMENTS

Should you default on any payment obligation called for in this Agreement, the Club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this Agreement is more than ten (10) days late. AS SET FORTH HEREIN, A SERVICE FEE OF $23.50 WILL BE CHARGED IMMEDIATELY FOR ANY PAYMENT THAT IS PAST DUE AND FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER THAT IS DENIED OR RETURNED FOR INSUFFICIENT FUNDS OR FOR ANY OTHER REASON. AN ADDITIONAL LATE FEE OF $9.50 WILL BE CHARGED EVERY TEN (10) DAYS THEREAFTER UNTIL THE PAYMENT OWED IS PAID IN FULL. If you are paying monthly dues by electronic funds transfer (EFT), the Club and its payment processor reserve the right to draft via EFT all amounts owed by you including any and all late fees and service fees, subject to applicable state and federal law.

Notwithstanding any other provisions of this Agreement, you understand and agree that the Club retains the right to increase dues in its sole discretion at any time. If the Club chooses to increase dues, the Member will receive at least 30 days' notice of the increase. The increase will be effective for month-to-month plans on the first month following the 30-day notice period. The increase will be effective on term plans and paid-in-full plans for the first month following the conclusion of the term period or the paid-in-full period.

SHOULD YOU (THE BUYER) CHOOSE TO PAY THIS AGREEMENT IN FULL, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH CLUB CEASES TO CONDUCT BUSINESS.

NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOOD OR SERVICES PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

PAYMENT AUTHORIZATION

Member requests the privilege of paying to payment processor Club Automation (the "Company") all payments due to ARMOR GYM and expressly authorizes The Payment Processor to draw items (checks, electronic fund transfers, charge card) for the purpose of paying any payments to ARMOR GYM, including, but not limited to, monthly dues, service fees, and late fees.

Subject to the following conditions:

(1) The items outlined in your Membership Agreement (monthly dues, annual fees, enrollment fees, etc.) shall be drawn on or about the date or dates set forth in the Membership Agreement. By signing below, you authorize the Company to draft via EFT said amounts from the account or card identified herein. The transactions on your bank, debit, or credit card statement shall constitute receipts for payment on your account.

(2) One-Time Transfers: When you provide a check as payment, you authorize the Company either to use information from your check to make a one-time EFT from your account or to process the payment as a check transaction. When the Company uses information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as today's date.

(3) If the regular payments set forth in the Membership Agreement should vary in amount, you are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, you choose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment you have made.

(4) By executing this Agreement, you acknowledge your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for your review.

(5) The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.

(6) If this preauthorization payment arrangement is revoked for any reason, this does not release you from your obligation under your Membership Agreement.

(7) If any payment is not paid upon presentation to your bank or credit/debit card company for any reason, a service fee will be assessed and drafted. A late fee will be assessed and drafted should any monthly payment become past due.

(8) By executing this Agreement, you authorize Club and Club's agents, including its third party payment processing companies ("Club's Agents"), to store the account or card information provided by you on or in relation to this Agreement and/or your Club Membership Agreement ("Club Agreement"), as well as any other account or card information provided by you through any means to Club or Club's Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or your Membership Agreement (hereinafter, "Payment Information"). Club and/or Club's Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in your Membership Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. Club and/or Club's Agents may also use the stored Payment Information to process payments owed in relation to all subsequent Agreements entered between you and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes, and charges) and/or a description of how they will be calculated are more specifically set forth in the Payment Schedule and other terms of your Membership Agreement. If your Membership Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in your Membership Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying you of such changes will be sent to the e-mail address provided by you on the face of your Membership Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on your Membership Agreement.

(9) Member may stop pre-authorized EFT by providing written notice at least three (3) days before the scheduled transaction date.

ADDITIONAL TERMS AND CONDITIONS

1. State Law Disclosures. In accordance with applicable state law, the following disclosures are made:

(a) IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, IF THIS HEALTH CLUB CEASES OPERATION AND FAILS TO OFFER YOU (THE BUYER) AN ALTERNATE LOCATION WITHIN FIFTEEN (15) MILES, WITH NO ADDITIONAL COST TO YOU, THEN NO FURTHER PAYMENTS SHALL BE DUE TO ANYONE, INCLUDING ANY PURCHASER OF ANY NOTE ASSOCIATED WITH OR CONTAINED IN THIS CONTRACT.

(b) STATE LAW REQUIRES THAT ANY HEALTH CLUB AGREEMENT THAT IS NOT CANCELLABLE ON THIRTY (30) DAYS' NOTICE OR LESS BE PAYABLE ONLY IN THE FOLLOWING MANNER, AND ANY HEALTH CLUB THAT ENTERS INTO HEALTH CLUB AGREEMENTS SHALL OFFER BOTH PAYMENT OPTIONS AT THE SAME PRICE, EXCLUDING INTEREST OR FINANCE CHARGES OR OTHER EQUIVALENT CHARGES THAT SHALL NOT EXCEED EIGHTEEN PERCENT (18%) OF THE TOTAL CONTRACT PRICE: (i) FULL PAYMENT WITHIN NINETY (90) DAYS AFTER ENTERING INTO THE HEALTH CLUB AGREEMENT; OR (ii) EQUAL MONTHLY INSTALLMENTS WITH ANY DOWN PAYMENT (UNLESS EXEMPT AS PROVIDED BY LAW) LIMITED TO THIRTY PERCENT (30%) OF THE TOTAL COST OF THE AGREEMENT. PREPAYMENT IS ALLOWED AT ANY TIME WITH FULL REFUND OF UNEARNED FINANCE CHARGES.

(c) PLEASE READ THIS CONTRACT CAREFULLY. THIS CONTRACT MAY CONTAIN PAYMENTS INCLUDING, BUT NOT LIMITED TO, ENROLLMENT FEES, ANNUAL FEES, MEMBERSHIP FEES, AND OTHER DIRECT PAYMENTS TO THE HEALTH CLUB, INCLUDING FULL PAYMENT FOR THE HEALTH CLUB AGREEMENT OR MONTHLY INSTALLMENT PAYMENTS WITH ANY DOWN PAYMENT (UNLESS EXEMPT AS PROVIDED BY LAW) LIMITED TO THIRTY PERCENT (30%) OF THE TOTAL COST OF THE AGREEMENT, AND, IN THE CASE OF INSTALLMENT PAYMENTS THAT ARE NOT MADE BY ELECTRONIC FUND TRANSFER OR CASH, AN ADMINISTRATIVE CHARGE, NOT TO EXCEED FIVE DOLLARS ($5.00) FOR EACH BILLING PERIOD. ALL SUCH PAYMENTS MUST BE DISCLOSED IN THE CONTRACT.

(d) THERE ARE NO AUTOMATIC OR LIFETIME RENEWALS OF THE TERM INCIDENT TO THE TERM OF THIS CONTRACT. IF THE HEALTH CLUB PROVIDES FOR A RENEWAL OPTION, THEN, UNLESS SUCH RENEWAL TERM IS CANCELLABLE ON THIRTY (30) DAYS' NOTICE OR LESS, SUCH OPTION MUST BE AFFIRMATIVELY AGREED TO IN WRITING BY THE BUYER AT THE BEGINNING OF THE RENEWAL PERIOD. IF THE HEALTH CLUB FACILITY IS LESS THAN OR EQUAL TO TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR SEVENTY-FIVE DOLLARS ($75), WHICHEVER IS GREATER. HOWEVER, IF THE HEALTH CLUB FACILITY IS GREATER THAN TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR ONE HUNDRED TWENTY-FIVE DOLLARS ($125), WHICHEVER IS GREATER. PAYMENT OF ANY RENEWAL SHALL BE MADE AS REQUIRED BY TENNESSEE CODE ANNOTATED, SECTION 47-18-305(a)(5)(B)(ii).

(e) A CONTRACT OR AGREEMENT MAY HAVE A CONTINUING PROVISION OR STIPULATION THAT PROVIDES FOR A MONTH-TO-MONTH CONTINUATION OF THE INITIAL TERM OF THE AGREEMENT, PROVIDED THE BUYER HAS THE RIGHT TO CANCEL THE CONTINUING PORTION OF THE AGREEMENT AFTER FULFILLING THE ORIGINAL TERM OF THE AGREEMENT BY TENDERING THIRTY (30) DAYS' WRITTEN NOTICE OF SUCH INTENT TO THE OPERATOR BY REGISTERED MAIL. IF SUCH CONTRACTUAL OBLIGATION HAS A CONTINUING PROVISION OR STIPULATION AFTER A REQUIRED INITIAL TERM OF MORE THAN TWO (2) MONTHS, NOTIFICATION MUST BE SENT BY THE HEALTH CLUB OPERATOR TO CONFIRM THAT THE ORIGINAL OBLIGATION WAS FULFILLED AND TO REAFFIRM THE MONTH-TO-MONTH OR CONTINUING PROVISION OR STIPULATION. SUCH NOTIFICATION SHALL ALSO INCLUDE NOTICE OF THE BUYER'S RIGHT TO CANCEL THE CONTINUING MONTH-TO-MONTH OBLIGATION UPON THIRTY (30) DAYS' WRITTEN NOTICE SENT BY THE BUYER TO THE OPERATOR BY REGISTERED MAIL.

(f) ANY RENEWAL RIGHT GRANTED UNDER THIS CONTRACT SHALL EXPIRE ON THE FINAL DAY OF THE AGREEMENT. HOWEVER, THE BUYER SHALL HAVE A THIRTY (30) DAY GRACE PERIOD FROM THE DATE OF THE EXPIRATION OF THE RENEWAL RIGHT IN WHICH TO EXERCISE ANY RENEWAL RIGHT GRANTED TO THE BUYER UNDER THIS CONTRACT. THE OPERATOR SHALL HAVE THE RIGHT TO CHARGE A LATE PENALTY OF UP TO TWENTY-FIVE DOLLARS ($25) IF THE RENEWAL RIGHTS ARE NOT EXERCISED ON OR BEFORE THE EXPIRATION DATE AS STIPULATED IN THE AGREEMENT OR ANY FUTURE RENEWAL PERIOD.

WAIVER OF LIABILITY

MEMBER ACKNOWLEDGES THAT THE USE OF ARMOR GYM, ITS FACILITIES, EQUIPMENT, MACHINES, MERCHANDISE, PRODUCTS, SERVICES AND PROGRAMS (INCLUDING, BUT NOT LIMITED TO, PERSONAL TRAINING) INVOLVES AN INHERENT RISK OF PHYSICAL OR PSYCHOLOGICAL PERSONAL INJURY, ILLNESS, OR DEATH TO MEMBER AND MEMBER'S GUESTS AND INVITEES. MEMBER VOLUNTARILY AND KNOWINGLY AGREES TO ASSUME ALL RISKS OF PHYSICAL OR PSYCHOLOGICAL PERSONAL INJURY, ILLNESS, OR DEATH TO MEMBER, MEMBER'S SPOUSE, MEMBER'S CHILDREN, MEMBER'S UNBORN CHILDREN, OR OTHER FAMILY MEMBERS, GUESTS OR INVITEES OF MEMBER, AND VOLUNTARILY WAIVES ANY AND ALL CLAIMS OR ACTIONS THAT MEMBER, OR MEMBER'S FAMILY, GUESTS OR INVITEES, MAY HAVE AGAINST ARMOR GYM, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY SUCH PHYSICAL OR PSYCHOLOGICAL PERSONAL INJURY, ILLNESS, OR DEATH (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO MEMBER, MEMBER'S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR SAME), INCLUDING, WITHOUT LIMITATION: (I) INJURIES, ILLNESS, OR DEATH ARISING FROM OR RELATING TO THE USE OF ANY EXERCISE EQUIPMENT, MACHINES, PROGRAMS, OR PERSONAL TRAINING SERVICES; (II) INJURIES, ILLNESS, OR DEATH ARISING FROM OR RELATING TO PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN EXERCISE ROOMS, LOBBY, OUTDOOR AREA, LOCKER ROOM, OR ANY OTHER AREAS OF ARMOR GYM AND ITS FACILITIES; (III) INJURIES, ILLNESS, OR DEATH ARISING FROM ARMOR GYM'S NEGLIGENCE, WHETHER DIRECT OR INDIRECT, INCLUDING ARMOR GYM'S ACTS AND OMISSIONS; (IV) INJURIES, ILLNESS, OR DEATH, RESULTING FROM ANY USE OF ARMOR GYM'S FACILITIES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, STROKES, SEIZURES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS, DISEASE, INFECTION OR ANY OTHER MEDICAL DISORDER OR MEDICAL IMPAIRMENT; AND (V) INJURIES, ILLNESS, OR DEATH WITHIN ANY OF ARMOR GYM'S FACILITIES, INCLUDING LOCKER ROOMS, STEAM ROOM, WHIRLPOOLS, HOT TUBS, SPAS, SAUNAS, SHOWERS AND DRESSING ROOMS. MEMBER ALSO KNOWINGLY AND VOLUNTARILY WAIVES ANY AND ALL CLAIMS AGAINST ARMOR GYM, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS MEMBER MAY HAVE UNDER ANY OF THE STATE'S CONSUMER PROTECTION STATUTES, INCLUDING BUT NOT LIMITED TO THE TENNESSEE CONSUMER PROTECTION ACT. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND THE MEMBER'S MEMBERSHIP.

ASSUMPTION OF RISK AND INDEMNIFICATION

MEMBER UNDERSTANDS AND AGREES THAT THE USE OF ARMOR GYM AND ITS FACILITIES, SERVICES, EQUIPMENT, MACHINES, AND PROGRAMS NATURALLY INVOLVES THE RISK OF PHYSICAL OR PSYCHOLOGICAL PERSONAL INJURY, ILLNESS, OR DEATH TO MEMBER OR MEMBER'S FAMILY, UNBORN CHILDREN, OR GUESTS, WHETHER MEMBER OR SOMEONE ELSE CAUSES SAID INJURY. MEMBER KNOWINGLY AND VOLUNTARILY FULLY ACCEPTS ALL RISKS OF INJURY, ILLNESS, OR DEATH, INCLUDING, BUT NOT LIMITED TO, PERSONAL BODILY INJURY, MENTAL OR PSYCHOLOGICAL INJURY, OR ECONOMIC LOSS OR DAMAGE, TO MEMBER OR MEMBER'S FAMILY, UNBORN CHILDREN, OR GUESTS, RESULTING FROM USE OF ARMOR GYM OR ITS FACILITIES, EQUIPMENT, MACHINES, PROGRAMS, SERVICES, PRODUCTS, OR MERCHANDISE, REGARDLESS OF WHETHER ARMOR GYM OR ITS EMPLOYEES OR AGENTS ACTED NEGLIGENTLY. MEMBER UNDERSTANDS AND ACKNOWLEDGES THAT THESE RISKS MAY RESULT FROM, OR BE COMPOUNDED BY, THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF ARMOR GYM, ITS EMPLOYEES, OR OTHERS ACTING ON ARMOR GYM'S BEHALF. MEMBER ACKNOWLEDGES THAT (I) ARMOR GYM DOES NOT MANUFACTURE ANY OF THE FITNESS EQUIPMENT OR MACHINES AT ITS FACILITIES; (II) ARMOR GYM DOES NOT MANUFACTURE ANY OF THE VITAMINS, FOOD PRODUCTS, BEVERAGES, NUTRITIONAL SUPPLEMENTALS OR OTHER PRODUCTS SOLD AT ITS FACILITIES. ACCORDINGLY, NEITHER ARMOR GYM NOR ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS SHALL BE HELD LIABLE FOR ANY INJURY, ILLNESS, OR DEATH ARISING OUT OF OR RELATED TO ANY EQUIPMENT OR PRODUCTS OFFERED BY ARMOR GYM. MEMBER VOLUNTARILY AND KNOWINGLY AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS ARMOR GYM AND ITS PARENTS, SUBSIDIARIES AND OTHER AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS ("INDEMNIFIED PARTY") FOR ANY AND ALL LOSSES, INCLUDING, BUT NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, ILLNESS, OR DEATH, OR ECONOMIC LOSS, WHICH ARISING OUT OF OR RELATES TO USE OF ARMOR GYM, INCLUDING BUT NOT LIMITED TO, ITS FACILITIES, EQUIPMENT, MACHINES, MERCHANDISE, PRODUCTS, SERVICES AND PROGRAMS. MEMBER FURTHER AGREES TO FULLY INDEMNIFY AND REIMBURSE INDEMNIFIED PARTY FOR ANY LOSS OR COSTS INDEMNIFIED PARTY MAY HAVE TO PAY AS A RESULT OF ANY SUCH ACTION, CLAIM, OR DEMAND SUBJECT TO THIS WAIVER AND ASSUMPTION OF RISK. MEMBER FURTHER AUTHORIZES INDEMNIFIED PARTY TO OBTAIN MEDICAL TREATMENT FOR MEMBER OR MEMBERS' FAMILY, UNBORN CHILDREN, OR GUESTS AS DEEMED NECESSARY IN INDEMNIFIED PARTY'S DISCRETION AND MEMBER AGREES TO RELEASE AND HOLD HARMLESS INDEMNIFIED PARTY IN THE EXERCISE OF THIS AUTHORITY. MEMBER FURTHER AGREES THAT MEMBER SHALL BE RESPONSIBLE FOR ANY AND ALL MEDICAL BILLS AND RELATED COSTS AND EXPENSES THAT MAY BE INCURRED AS A RESULT OF ANY INJURY, ILLNESS, OR DEATH SUFFERED BY MEMBER, FAMILY, UNBORN CHILD, GUESTS OR INVITEES.

3. GENERAL

Member has joined the ARMOR GYM. ARMOR GYM reserves the right to add or eliminate locations and facilities available to Member. The hours of operation will be set by ARMOR GYM and may be changed at any time in its sole discretion. ARMOR GYM is not required to continue any particular programs, facilities, services or equipment as part of its contractual obligations and may discontinue, change or modify the same in its sole and absolute discretion. ARMOR GYM expressly reserves the right to add, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. Membership does not confer on Member any ownership interest in ARMOR GYM or any of its property.

4. RULES AND REGULATIONS

Member acknowledges the existence of and the need for rules and regulations governing use of ARMOR GYM's equipment and facilities and participation in programs and services (the "Rules and Regulations"). Member acknowledges that Member and its family and guests will adhere to the Rules and Regulations provided to Member and agrees to comply with the Rules and Regulations as presently in effect or as they may be modified, amended or supplemented. ARMOR GYM reserves the right to modify, amend or supplement the Rules and Regulations from time to time in its sole discretion. Harassment of any member, guest or staff is strictly prohibited. ARMOR GYM may from time to time have special guests and/or celebrities who use the club and all members shall adhere to the policy of no pictures or autograph requests. Failure to comply with the Rules and Regulations or engaging in other undesirable or harmful conduct will result in disciplinary action, up to and including termination of Member's membership and expulsion from ARMOR GYM as determined by ARMOR GYM in its sole discretion. If Member's membership is terminated for failure to comply with the Rules and Regulations or other misconduct, Member will not be entitled to a refund of any portion of initiation fees or dues paid through the date of termination and will be required to pay any applicable cancellation fees. The authorized guests of the Member are limited to the individuals named above hereto, which may be amended only by a written agreement (which shall include emails) executed by both the Member and the Owner of ARMOR GYM.

5. MEMBERSHIP

A Member's membership permits the Member (and authorized guests and family members) to use ARMOR GYM, its equipment, facilities, and services. Therefore, each membership is issued for the exclusive use of the Member and not by any other person other than the Member and the Member's authorized guests. Memberships are non-transferrable. Any attempt for use by someone other than the Member or authorized guests will be grounds for termination of the membership. If Member's membership is terminated for misuse of the membership privileges, Member will not be entitled to a refund of any portion of initiation fees or dues paid through the date of termination and will be required to pay any applicable cancellation fees.

6. CANCELLATION OF MEMBERSHIP BY MEMBER

After an initial thirty (30) day period, Members with Month-to-Month Plans may cancel their membership at any time by providing ARMOR GYM thirty (30) days' written notice. Members with Month-to-Month Plans who cancel their membership will be responsible for paying the next regularly scheduled monthly payment that becomes due and owing during the thirty (30) day notice period. Members with Term Plans may cancel their membership at any time by providing ARMOR GYM thirty (30) days written notice. Members with a Term Plan who cancel their membership will be responsible for paying the next regularly scheduled monthly payment that becomes due and owing during the thirty (30) day notice period. Members with a Term Plan who cancel their membership prior to the Term Obligation Date will also be charged an additional cancellation fee of $99. Paid-in-Full Plans are non-refundable and are automatically cancelled upon the conclusion of the paid-in-full period. For group or family plans, only qualifying Members may cancel the membership. In order for ARMOR GYM to process any request for cancellation, the membership at issue must be current on its payments, including any membership fees that may become due and owing during the thirty (30) day notice period and any applicable cancellation fees. The thirty (30 day) notice period will commence on the date ARMOR GYM receives written notice of cancellation and all due and owing fees and payments are paid in full. Members cannot cancel a membership if said membership is in default and has been turned over to a collection agency or other legal proceeding. Cancellation requests must be submitted in writing and sent by certified mail with return receipt requested to: ARMOR GYM, 10710 Lexington Drive, Knoxville, TN 37932. Unless otherwise specified herein, this Agreement is not cancelable by Member except as expressly provided herein including, without limitation, by reason of Member's failure to utilize the facilities of ARMOR GYM.

7. TERMINATION OF MEMBERSHIP BY ARMOR GYM

ARMOR GYM may, in its sole discretion, terminate a membership if: (i) Member fails to make timely payments; (ii) any monthly payment is late or past due; (iii) any monthly EFT payments or dues are interrupted or discontinued for any reason; (iv) Member, or Members' family or guests, fail to follow any of the Rules and Regulations of ARMOR GYM or any of the terms and conditions of membership; (v) Member's conduct or behavior is improper or harmful to the best interest of ARMOR GYM or its members, staff, or guest; or (vi) any other reason ARMOR GYM deems reasonable. Termination is effective on the date ARMOR GYM mails a written notice of termination to Member's last known address. Member will continue to be liable for all financial obligations owed to ARMOR GYM under this Agreement through the date that such obligations are paid in full. ARMOR GYM reserves the right to terminate a membership for any reason not expressly stated herein which is not prohibited by applicable law. Once a membership has been terminated, a Member's right to use ARMOR GYM and its facilities shall end and ARMOR GYM may deny a Member access to its facilities. If Member owes ARMOR GYM money at the time of termination, Member will still owe ARMOR GYM the money and ARMOR GYM may deduct any owed money from any refund the Member may receive, depending on the circumstances of termination. If a membership is terminated and the Member wishes to reenroll, the Member must purchase a new membership, with ARMOR GYM's permission and approval, and any monies previously owed on the terminated membership must be paid in full before a new membership will be issued.

8. PAYMENTS AND RENEWALS

ARMOR GYM shall charge an initial enrollment fee and such enrollment fee shall be set at the sole discretion of ARMOR GYM management and may from time to time increase or decrease in ARMOR GYM's sole discretion. ARMOR GYM reserves the right to offer special promotions which may, from time to time, allow the enrollment fee to be waived with the signing of the promotional membership agreement. ARMOR GYM shall charge first month dues on the enrollment date and monthly dues will begin from the enrollment date and shall be assessed in each successive month for the duration of the ARMOR GYM membership. Unless otherwise cancelled as set forth herein, all Term Plans shall automatically renew on a month-to-month basis at the conclusion of the obligated term, and the monthly membership fee for any such renewal shall be in accordance with the month-to-month membership rate in effect at the time. Paid-in-Full Plans are not subject to automatic renewal.

9. PAYMENT DEFAULT

If Member fails to pay any amount when due under this Agreement ARMOR GYM shall be entitled, at any time in its sole discretion, to suspend or cancel Member's membership and to require Member to immediately pay all past due balances, including any applicable late fees. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. Any payments owing from Member to ARMOR GYM that are not received when due shall bear interest at the highest rate permitted by law and Member shall be charged an initial late fee of $23.50 followed by an additional late fee of $9.50 every ten (10) days thereafter that the payment remains due and owing. If Member fails to pay any amount to ARMOR GYM when due, Member shall pay all costs and expenses of collection incurred by ARMOR GYM, including collection costs and reasonable attorney's fees and expenses.

10. ARMOR GYM QUICK PASS PROGRAM CREDIT CARD "ON-FILE" AUTHORIZATION

ARMOR GYM is authorized to maintain credit card payment information in its confidential files as a payment method for products and services available at ARMOR GYM health clubs. Member agrees to pay and specifically authorizes ARMOR GYM to charge Member's credit card described above as the payment method for all products and services purchased by Member or on Member's behalf at ARMOR GYM until such time as Member's written request to revoke or terminate such authorization has been processed by ARMOR GYM. ARMOR GYM may terminate or restrict use of Member's credit card at any time. Authorization and credit card information may only be changed in writing by Member as the cardholder.

11. CHILDREN

Children eleven (11) years of age and older can become members with the permission of their parent or legal guardian. However, children under fifteen (15) years of age must be accompanied by a parent or legal guardian at all times at ARMOR GYM. No children under fifteen (15) years of age shall be allowed to remain in or on the premises of ARMOR GYM without a parent or legal guardian present. Failure of members to adhere to this policy will result in disciplinary action, up to and including termination of membership and expulsion from ARMOR GYM as determined by ARMOR GYM in its sole discretion. Member will not be entitled to a refund of any portion of initiation fees or dues paid through the date of termination. Further, any child under fifteen (15) years of age found in or on the premises of ARMOR GYM without an accompanying parent or legal guardian will be removed by law enforcement.

12. KID CARE

ARMOR GYM offers a Kid Care center. The Kid Care hours are determined by ARMOR GYM management and are on a first come, first serve basis for members only. Children must be within the ages of six (6) months to eleven (11) years to attend Kid Care. Parents or legal guardians must remain on ARMOR GYM premises while their children are in Kid Care and must follow all rules and regulations applicable to Kid Care, which are subject to change at ARMOR GYM's sole discretion. Kid Care services are provided on a fee basis as determined by ARMOR GYM and must be paid in advance in addition to the monthly membership dues. Kid Care services are limited to a maximum of 1.5 hours per day. Members are required to register their children for Kid Care. Children must wait for their parents or guardians in Kid Care areas only and may not wait in other areas of the gym. ARMOR GYM Kid Care is not required to be licensed by the State of Tennessee as a childcare agency. ARMOR GYM reserves the right to take disciplinary action as may from time to time be necessary at the sole discretion of ARMOR GYM and such action may include expulsion of a child from Kid Care where a child has engaged in disruptive or harmful behavior while in Kid Care and such action will not relieve the parent or legal guardian from their membership financial responsibility and dues.

13. HEALTH REPRESENTATIONS AND AGREEMENTS

Member represents and warrants to ARMOR GYM that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his or her intended use of ARMOR GYM's facilities. Member acknowledges that ARMOR GYM has not given Member any medical advice before Member joined ARMOR GYM and cannot give Member any such advice after Member joins ARMOR GYM, whether related to Member's physical condition and ability to use the facilities and services of ARMOR GYM or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Member's physician or other health professional prior to and while using ARMOR GYM's facilities.

14. LIABILITY FOR PERSONAL PROPERTY

ARMOR GYM shall not be liable to Member or any of Member's family or guests for any personal property that is damaged, lost or stolen while on or around ARMOR GYM premises including, but not limited to, a vehicle or its contents or any property left in a locker. Member shall be liable to ARMOR GYM for any damage to ARMOR GYM's facilities and any equipment, furniture, machine, or fixture located thereon caused by Member or any of Member's family or guests.

15. HOURS OF OPERATION

The hours of operation are as determined by ARMOR GYM and are subject to change at the discretion of ARMOR GYM. ARMOR GYM reserves the right to close the facility for facility maintenance should such need arise without affect upon this Agreement. ARMOR GYM reserves the right to close the club or modify its hours for any reason, including holidays, special events, illness, and other reasons without affect upon this Agreement. ARMOR GYM will strive to provide 72 hours' notice to members any such closures or reduced hours reasons but does not guarantee that such notice will be provided.

16. POSTING OF PETITIONS, NOTICES, SOLICITATIONS, DISTRIBUTIONS

The circulating or posting of any petition, notice, solicitation, distribution, circular or statement of any kind is prohibited in or near ARMOR GYM facilities, unless first approved in writing by the management of ARMOR GYM.

17. CONTACT

Member affirms, acknowledges, and attests that Member's mailing address, telephone number, cellular telephone number and e-mail address provided on the face of this Agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that ARMOR GYM, including its agents, affiliates, partners, and payment processor, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address set forth on the face of this Agreement, or subsequently provided by Member to ARMOR GYM.

18. AUTHORITY TO MODIFY CONTRACT

This Agreement contains the full agreement and understanding between the parties with respect to this subject matter. No employee of ARMOR GYM is authorized to make any changes to this Agreement or to make any independent agreement with any Member. Member likewise cannot make any alterations or changes to this Agreement. Any changes or modifications to this Agreement must be in writing and signed by both the Member and the Owner of ARMOR GYM.

19. ARBITRATION

Member agrees that any dispute, controversy, or claim arising out of or relating in any way to this Agreement or the services provided hereunder, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be the city of Member's club location and Tennessee law shall apply. In the event of a claim arising out of or relating in any way to this Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made more than (2) two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the Member and any third party with whom the club contracts in order to perform its obligations or exercise its rights under this Agreement, including without limitation, its third-party payment processor. MEMBER UNDERSTANDS AND AGREES THAT MEMBER AND CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER MEMBER NOR CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

20. WARRANTIES

Member acknowledges and understands that there are no warranties either express or implied which extend beyond this Agreement. All warranties, express or implied, including merchantability or fitness for particular purpose, are expressly disclaimed.

21. ELECTRONIC SIGNATURE CONSENT AND ELECTRONIC NOTIFICATIONS

Member agrees that signatures delivered by facsimile, scanned .pdf image, or other electronic means shall have the same force and effect as original signatures. Member also agrees to receive any required or applicable notices electronically pursuant to the terms and conditions herein. Member's consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the "Documents") that ARMOR GYM and/or its payment processor may provide Member. Member's consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting ARMOR GYM and requesting a paper copy. Member may withdraw its consent at any time by notifying ARMOR GYM. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member's receipt of the Documents. Member agrees to maintain a valid email address with ARMOR GYM and its payment processor, and to promptly notify ARMOR GYM of any changes to Member's email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting ARMOR GYM. To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have access to: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member's electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that it may also need a certain brand or device that can support applications intended for Member's electronic mobile devices, tablets and smartphones. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to ARMOR GYM.

YOU (THE BUYER) MAY CANCEL THIS AGREEMENT BY SENDING NOTICE OF YOUR WISH TO CANCEL TO THE HEALTH CLUB BEFORE MIDNIGHT OF THE THIRD DAY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) OR, IF THE AGREEMENT IS SUBJECT TO A FINANCE CHARGE, THE SEVENTH DAY AFTER THE DAY YOU SIGNED THE AGREEMENT. THIS NOTICE MUST BE SENT BY REGISTERED MAIL TO THE FOLLOWING ADDRESS: 10710 LEXINGTON DR, KNOXVILLE, TN 37932. WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION, THE HEALTH CLUB WILL RETURN ANY PAYMENTS MADE AND ANY NOTE EXECUTED BY YOU IN CONNECTION WITH THE AGREEMENT.

BY SIGNING BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND VOLUNTARILY AND KNOWINGLY AGREE TO BE BOUND BY THE SAME.