These Terms and Conditions (“Terms”) govern your access to, and use of the websites, mobile applications, online services, and digital platforms operated by Club Fitness Holdings, Inc., including its affiliates and related brands (“Club Fitness,” “Club Brands,” “Club Elite,”  “we,” “us,” or “our”) (collectively, the “Website”). 

BY ACCESSING, BROWSING, OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE WEBSITE. 

Scope of These Terms 

These Terms apply solely to your access to and use of the Website and any content, features, or digital services made available through it. These Terms apply to all visitors to the Website and explain what you can and cannot do when using the Website. You do not have to provide any information to us in order to use our Website, however, you must comply with these Terms. If you choose to submit personal information to us, the terms of the Privacy Notice (the “Privacy Notice”) available at https://www.clubfitness.us/privacy-policy/ will apply.   

These Terms do not govern membership pricing, billing, cancellation rights, term length, or in-club services. Any such matters are governed by separate agreements, disclosures, waivers, or policies presented to you at the time of enrollment or use of Club Brands facilities. 

Our Website may, from time to time, display employment opportunities. If you are interested in applying for an employment opportunity, you may be able to submit your candidacy credentials and application through our Website. Please note that information that you submit in connection with an employment opportunity may contain personal information and will be subject to the terms of our Privacy Notice.  

While we recognize that minor children may attend events and participate in activities organized by us, our Website is informational in nature and is provided for and targeted to adults.  

Eligibility and Age Requirements 

Age restrictions, minor access rules, guardian requirements, and facility usage limitations may vary by location and service and are governed by applicable state law and location-specific policies provided at the time of enrollment or facility use. 

Online Accounts and Security 

Certain features of the Website may require you to create an online account. You agree to: 

• • Provide accurate and complete information 
  • Maintain the confidentiality of your login credentials 
  • Accept responsibility for all activity under your account 

Club Brands reserves the right to suspend or terminate accounts for misuse, unauthorized access, or violations of these Terms. 

Acceptable Use 

You may use our Website and Site Content only for lawful purposes.  You agree not to: 

• • Use the Website for any unlawful purpose 
  • Attempt to gain unauthorized access to systems or data 
  • Interfere with or disrupt Website functionality or damage, or disrupts any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website, or any equipment or network or software of any third party 
  • Copy, scrape, reproduce, or distribute Website content without authorization 
  • Use the Website in any way that is fraudulent, or has unlawful or fraudulent purpose or effect  
  • Use the Website for the purpose of harming or attempting to harm any individual in any way 
  • Use the Website or re-use any Site Content in violation of these Terms 
  • Use the Website to cause us liability 
  • Use the Website to introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful 

We reserve the right to restrict or terminate access to the Website for violations of these Terms. 

Ownership and Intellectual Property Rights 

All content on the Website, including text, graphics, logos, images, videos, trademarks, and software, is owned by or licensed to Club Brands and is protected by applicable intellectual property laws. Our Website displays our names and logos, informational content and the names, logos, and marks of some of our partners. Except for the names and logos of our partners all other content displayed on our Website (“Site Content”) is owned solely and exclusively by us, and we own all intellectual property rights associated the Club Brands name and logo and the Site Content. Our name and logo, and the Website Content are all protected by United States and international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way our name or logo, Site Content, or any underlying software or source code.  

You may use Website content only for personal, non-commercial purposes. You may print one copy and download extracts of any Site Content for your personal reference, but you may not use, display, or distribute any of our Site Content for commercial profit or commercial exploitation. You must not modify the paper or digital copies of any Site Content that you have printed or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. All copies of Site Content must display all original copyright and other proprietary notices 

Facility Access and Risk Acknowledgment 

Club Brands facilities may offer 24-hour access. During non-staffed hours, there may be no supervision or immediate assistance available. 

Physical exercise and participation in fitness or wellness activities involve inherent risks. Separate waivers, releases, or acknowledgments may be required prior to facility access or participation in certain services. These Website Terms do not replace or supersede any such documents. 

Medical Disclaimer 

Information provided on the Website is for general informational purposes only and does not constitute medical advice. 

Club Brands does not diagnose, treat, or cure medical conditions. You should consult a qualified healthcare professional before beginning any exercise program or wellness service. 

Third-Party Services and Links 

The Website may contain links to or integrations with third-party websites or services, including billing platforms and communication providers.  We  are under no obligation to conduct regular reviews of third party content. You understand and agree that it is commercially impracticable for us to review and monitor linked sites; therefore, we disclaim responsibility and liability for any loss or damage that may arise from your use of or reliance on linked site content. If you decide to access any linked site, you do this entirely at your own risk. 

Club Brands is not responsible for the content, policies, or practices of third-party services. 

Communications 

By providing contact information through the Website, you may receive transactional, informational, or promotional communications in accordance with your consent preferences and applicable law. By providing us your telephone number, including your mobile telephone number, you authorize us to contact you at the number you provided. You agree we may contact you by telephone call or text message, using an automatic telephone dialing system and/or a prerecorded message. You agree that we may monitor or record any conversation or other communication with you. You may opt out of receiving marketing and text message at any time. 

Text Messaging Terms
Club Fitness may offer text messaging campaigns for opted-in subscribers who sign up through our website forms or other authorized sign-up methods. Message frequency varies. Reply HELP for help at 844-289-2587 or customercare@clubfitness.us. Reply STOP to opt out at any time. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Please review our Privacy Policy here: https://clubfitness.fit/privacy-policy/

Privacy 

Your use of the Website is subject to our Privacy Policy, which describes how we collect, use, and protect personal information.  Please review the terms of our Privacy Notice before using our Website. By using our Website, you consent to such collection and processing of your information as described in our Privacy Notice. 

Text Messaging and Mobile Privacy
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties.

Remedies 

You recognize that your breach of our ownership and intellectual property rights, and such other material terms set forth in these Terms may cause us to suffer irreparable harm and damages. Accordingly, in the event of such breaches, you acknowledge and agree that we will be entitled to seek injunctive relief, and all other available equitable remedies and legal damages as may be granted by a court of competent jurisdiction. 

Warranty Disclaimers 

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLUB BRANDS MAKES NO GUARANTEES REGARDING WEBSITE AVAILABILITY, ACCURACY, OR UNINTERRUPTED OPERATION. YOUR USE OF THE WEBSITE AND SITE CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR OUR NETWORK PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. 

Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY LAW, CLUB BRANDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, COMPUTER VIRUSES, TECHNICAL, HARDWARE OR SOFTWARE FAILURES, OR LOST OR UNAVAILABLE NETWORK CONNECTIONS, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL FOUNDATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN. 

Separate Agreements and Policies
Club Brands offers a variety of membership options, services, and programs that may be governed by different terms, conditions, or disclosures. The availability, pricing, duration, and requirements of such offerings may change from time to time. 

The most current and applicable terms will be provided at the time you enroll, renew, or access a specific service. 

Changes to These Terms and the Website 

Club Brands may update these Terms at any time. Changes become effective upon posting to the Website. We endeavor to regularly update our Website and the Site Content, but we are under no obligation to do so. The look, structure, functionality, and Site Content may be changed from time to time. We may suspend your access to the Website or portions of the Website, and we may discontinue the Website entirely at any time as we deem necessary in our sole and absolute discretion. 

Your continued use of the Website after updates are posted constitutes acceptance of the revised Terms. 

Governing Law 

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict-of-laws principles. Notwithstanding the foregoing, nothing in these Terms is intended to limit, waive, or override any mandatory consumer protection rights or remedies afforded to residents of the State of Illinois under applicable Illinois law, including laws governing health club or fitness service agreements, to the extent such laws are required to apply. 

Waiver 

Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us or any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms. 

Entire Agreement 

These Terms and the Privacy Notice constitute the entire agreement between us and you with respect to your use of the Website, and these documents supersede all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter. 

Additional Information; Contact 

If you have any questions about these Terms or any Site Content, please contact us at customercare@clubfitness.us 

Who we are  

Our website is clubfitness.us.  

What personal data we collect and why we collect it  

Comments  

When visitors leave comments on the site, we collect the data shown in the comments form, as well as the visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to check if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is publicly visible alongside your comment.  

Media  

If you upload images to the website, you should avoid uploading images containing embedded location data (EXIF GPS). Visitors to the website can download and extract location data from images uploaded to the site.  

Cookies & Tracking Technologies  

We use cookies and tracking pixels (including Meta Pixel and TikTok Pixel) to enhance user experience, analyze website traffic, personalize content and advertisements, and optimize marketing efforts. Cookies may store information such as your IP address, browser type, device information, and details about how you interact with our website.  

If you leave a comment on our site, you may opt-in to save your name, email address, and website in cookies for your convenience, so you do not have to fill in your details again when leaving another comment. These cookies last for one year.  

Upon logging in, we set temporary cookies to determine if your browser accepts cookies. These cookies contain no personal data and are discarded upon closing your browser.  

We also set cookies to save login information and screen display choices. Login cookies last two days, while screen options cookies last a year. Selecting “Remember Me” keeps you logged in for two weeks. Logging out removes the login cookies.  

If you edit or publish an article, an additional cookie is saved in your browser. This cookie contains no personal data and simply indicates the post ID of the article you edited, expiring after one day.  

Embedded content from other websites  

Articles on this site may include embedded content (videos, images, articles, etc.). Embedded content from external websites behaves exactly as if you have visited those websites directly. These sites may collect your data, use cookies, embed additional third-party tracking, and monitor your interactions with embedded content, especially if you have an account and are logged in to that website.  

Tracking Pixels (Meta Pixel and TikTok Pixel)  

Club Brands utilizes tracking pixels such as the Meta Pixel (Facebook) and TikTok Pixel. These tools allow us to better understand visitor actions on our site, improve website content, and enhance our advertising efforts through targeted advertisements based on user behavior. Information collected may include IP addresses, browser and device details, pages visited, and actions taken on our website. You may opt-out or customize your preferences for these tracking technologies through your browser settings or via the cookie preferences banner on our website.  

How long we retain your data  

Comments and their metadata are retained indefinitely to automatically recognize and approve follow-up comments instead of placing them in a moderation queue.  

For registered users, we store personal information provided in their user profiles. Users can view, edit, or delete personal information at any time (except usernames). Website administrators can also view and edit this information.  

What rights you have over your data  

If you have an account on our site or have left comments, you can request an exported file of the personal data we hold about you, including any data you provided. You can also request the deletion of your personal data. This does not include data we are obligated to keep for administrative, legal, or security purposes.  

Where we send your data  

Visitor comments may be checked through automated spam detection services. Data collected via tracking pixels may be shared with platforms such as Meta (Facebook) and TikTok to assist with analytics and advertising optimization.  

 

Exhibit B- Terms and Conditions

Participant (“Participant”, “you” or “your”) agrees to be bound by these Terms and Conditions to Membership Agreement with respect to all services provided by Club Fitness Holdings, Inc. DBA Club Elite, DBA Club Fitness (“Services”), and by the additional terms of service and posted policies applicable to the Services to which you participate and posted at http://clubfitness.fit and incorporated herein by reference (collectively referred to as “Terms of Service”). These Terms of Service also incorporate by reference Club Fitness Holdings, Inc. Privacy Policy located at https://clubfitness.fit/privacy-policy/, which governs the collection, use and disclosure of Participant personal information.  All references to “Club Fitness Holdings, Inc.” in these Terms of Service mean Club Fitness Holdings, Inc., Inc., its parents, affiliates or subsidiaries (“Club Fitness Holdings, Inc.” or “we” or “us”) providing Participant the Services, as well as third parties Club Fitness Holdings, Inc. may retain to provide the Services.

THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS AND A LIMITATION ON YOUR RIGHT TO BRING CLAIMS MORE THAN 2 YEAR AFTER THE RELEVANT EVENTS OCCURRED.

ACCEPTANCE: You accept these Terms of Service by doing any of the following: (i) signing a Membership Agreement or (ii) accessing and/or using Club Fitness Holdings, Inc. services and facilities. To the fullest extent permitted under applicable law, Club Fitness Holdings, Inc. may in its sole discretion modify any aspect of the Services, including Membership Plan Levels or these Terms of Service and will post such changes on its website at http://clubfitness.fit .  Participant agrees that the foregoing method of notice constitutes sufficient and effective notice under these Terms of Service.  If you disagree with a change to these Terms of Service, you have the right to cancel the Services; provided, that your continued use of the Services for more than 30 days after we deliver notice of a change will constitute your acceptance of the change.

RATE INCREASE AFTER 12 PAYMENTS: All membership plans will incur a $2 monthly increase beginning with the 13th payment, with the exception of the $8.99 twelve-month term plan, which will convert to a monthly rate of $15.99 starting with the 13th payment.

MEMBER’S RESPONSIBILITY AS TO USE OF CLUB: You (and any guest(s) you may bring to a Club Fitness Holdings, Inc. location) should consult with your physician before using our services and facilities. You understand and acknowledge that Club Fitness Holdings, Inc.’s employees have no expertise in diagnosing, examining or treating any medical condition. You agree that you will not use the facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to yourself or others. You also agree you will use the fitness club in accordance with all applicable public health requirements. The fitness club reserves the right to make final decision as to your use of the facilities.

WAIVER AND RELEASE OF LIABILITY: You hereby waive any and all claims or actions that may arise against Club Fitness Holdings, Inc., its Affiliates, subsidiaries, successors, and assigns, shareholder, employees, volunteers, and owners arising from any personal, bodily, or mental injury, loss, or damage to you, or your guests, occasioned or caused by the negligence or fault of Club Fitness Holdings, Inc. and further agree to the terms set forth in the Waiver and Release of Liability, attached to this Agreement as Exhibit C.

RESERVATION OF RIGHTS: We may at any time close any of our facilities or alter our hours of operation. We also may amend the cost of, alter, add, modify and/or eliminate any amenity, policy, program, class or service at our sole discretion. This includes but is not limited to your membership plan privileges and or access. We reserve the right to revoke your membership at any time for any reason. Classes and equipment are available subject to demand and may be crowded at peak hours or may be discontinued or times changed if demand fluctuates. We reserve the right to transfer your membership in the event your original location joined is relocated or closed permanently to another facility within 10 miles of the original location.

INDEPENDENT CONTRACTORS: From time to time, we may make available to members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to members or their guests for any period.

LOST MEMBERSHIP CARD: A replacement fee will be required for a lost or stolen card. You understand that admittance to the fitness club will be denied without a current and valid membership card or barcode.

MEMBER’S RIGHT TO CANCEL: You may cancel, terminate this Agreement in person, online,or in writing by certified mail, return receipt requested, to 7055 Mexico Road. Box 1210, St. Peters, MO 63376 or by personally visiting any Club Fitness Holdings, Inc. location during business hours and informing the staff of your intention to terminate Agreement. Any notice of termination submitted in person shall not be valid unless you receive electronic or written receipt and confirmation of termination. A thirty (30) day notice period is required for termination of Agreement. You are required to pay the annual membership fee, as set forth in Exhibit A, if it falls within this thirty-day notice period.  You will also be responsible for any past due amounts owed. Your membership must be active for a termination to be processed.

TERMINATION UPON RELOCATION: You may terminate this Agreement if you permanently move your residence more than 25 driving miles from either the fitness club of enrollment or any other club which member is entitled to use or any substantially similar club that will honor member’s membership at no additional charge. To terminate under this paragraph, you must provide proof of your relocation in the form of two of the following: a utility bill in your name, a change of address label indicating mail was forwarded to your new address, or your new driver’s license with issue date. Member agrees to pay a $50.00 charge for termination.

For Illinois residents only: The following shall apply in place of any other section of agreement to comply with IL State Law (for this section, the “Act”). No agreement for basic physical fitness services shall require payment of a total amount in excess of $2,500 per year, and every such agreement must so provide in writing; except that this limit shall not apply to any agreement for: (1) family or couple memberships, or (2) group memberships, where the purchaser is a corporation or other business entity or any social, fraternal or charitable organization not created for the purpose of encouraging this contractual arrangement. No agreement for family or couple memberships for basic physical fitness services shall require payment in excess of $2,500 per year per person covered under the membership. No agreement for physical fitness services shall require payments or financing over a period in excess of 3 years from the date the agreement is entered into, nor shall the term of any such agreement be measured by the life of the customer. The initial term of services to be rendered under the agreement may not extend over a period of more than 2 years from the date the parties enter into the agreement, provided that you may be given an option to renew the agreement for consecutive periods of not more than one year each for a reasonable consideration not less than 10% of the cash price of the original membership. No agreement for physical fitness services shall require or entail the execution of any note by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the physical fitness center. No right of action or defense arising out of an agreement for physical fitness services which the customer has against the center shall be cut off by assignment of the agreement whether or not the assignee acquires the agreement in good faith and for value. Such an assignee is not a holder in due course. All agreements for basic physical fitness services which may be in effect between the same center and the same customer, the terms of which overlap for any period, shall be considered as one agreement for the purposes of this Act. No physical fitness center may sell, induce, or permit any purchaser of basic physical fitness services to become obligated directly or contingently under more than one agreement for services at the same time for purposes of avoiding the provisions of this Act. Any waiver by the customer of the provisions of this Act shall be void and unenforceable. Any agreement for physical fitness services which does not comply with the applicable provisions of this Act shall be void and unenforceable. If any court finds, as a matter of law, that an agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. Unfair or deceptive acts and practices are prohibited, including but not limited to: use of coercive sales tactics; misrepresentation of the quality, benefits or nature of services; misrepresentation of the qualifications or numbers of personnel, or the present or maximum number of customers who may agree to use the facilities of the center; or misrepresentation of the skills or abilities of any customer or potential customer. Any agreement for physical fitness services entered to in reliance upon any false, fraudulent, or misleading information, representation, notice, or advertisement of the physical fitness center or any of its employees or agents shall be void and unenforceable.

ALTERNATE PAYMENT METHOD: If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including, but not limited to, any membership related obligations, retail transactions, and/or online purchases to any form of payment which you have provided us until such time as you revoke your authorization for that method of payment by written notification by certified mail, return receipt requested, to 7055 Mexico Road, Box 1210, St. Peters MO 63376 or by personally visiting any Club Fitness Holdings, Inc. location during business hours. We prefer notice via certified mail to the address listed above and any revocation submitted in person shall not be valid unless you receive electronic or written receipt and confirmation of revocation. Providing us with an alternate form of payment on your account protects your membership from interruption due to any unforeseen issues with your first method of payment for recurring membership dues and annual fees and provides a secondary method of payment for any other gym related purchases.

PROCESSING FEE: A processing fee is applied to credit card payments. A payment processed from a Checking Account deduction via ACH (Automated Clearing House) for ACH payments, the processing fee will be waived.

PAID IN FULL MEMBERSHIPS: From time to time, we may offer a membership that is pre-paid for 12 months with a start and ending date. Any renewal rates specified are valid for up to 30 days from expiration date in increments of 12 months. If not specified, the renewal rate is based on current rates available at the time of expiration. Any special paid in full promotions are not renewable. Paid in Full memberships are non-refundable except in the event of disability or death. Any special paid in full promotions are not renewable.

Membership PLAN Levels: Upon execution of this Agreement, you must choose a certain level of membership privileges, as described.  You agree that facilities, classes and amenities are subject to change at the sole discretion of Club Fitness Holdings, Inc. and may be modified, removed or cancelled at any time.  This includes but is not limited to your membership plan privileges and/or access. Club Fitness Holdings, Inc. reserves the right to revoke your membership at any time for any reason. Further, Club Fitness Holdings, Inc. may (i) close any facility or alter its hours of operation, (ii) amend the cost of, alter, add, modify and/or eliminate any amenity, policy, program, class or service, (iii) discontinue classes or equipment or modify availability for any reason, including but not limited to demand fluctuation.  You acknowledge that classes and equipment are available subject to demand and may be crowded at peak hours.  Club Fitness Holdings, Inc. reserves the right to transfer your membership to another facility within 10 miles of your original location in the event your original location is relocated or closed permanently. You shall have access to Club Fitness Holdings, Inc. locations as permitted by your specific membership plan, which may include 24-hour access, limited amenities, group exercise classes, and specialty classes (included and/or paid) as defined by Club Fitness Holdings, Inc.; unless otherwise specified, access may be limited, and any applicable Early Termination Fee shall be $75.

LOCKER USE: Lockers are available on a first come, first serve basis during your workout. No member shall leave any items or personal belongings in the locked locker overnight. It is recommended to use a lock to secure your items in a locker. Club Fitness Holdings, Inc. is not responsible for items or belongings left or stored in lockers.

RULES AND GUIDLINES:

• • You are not allowed to let others use your membership
  • Athletic workout clothing is required (this includes a shirt)
  • Being courteous and respectful to other members, staff and contractors at all times.
  • Athletic shoes only. No open toed shoes, sandals, flip-flops, boots, work boots or bare feet are allowed in work out areas.
  • Vulgar or offensive clothing will not be allowed.
  • Do not drop or slam weights
  • Return all weights to proper racks after use
  • Wipe down equipment after use
  • No chalk is to be used
  • Use a spotter & collars when necessary
  • Please refrain from the use of cell phones in a manner that is unsafe or invades others privacy
  • Adhere to all manufacture’s warnings

The above rules and guidelines are a general description. Members are expected to follow any other rules, guidelines and polices set forth by staff.

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 Club Fitness Holdings, Inc. and ABC Fitness Solutions, Inc., including its agents and affiliates, 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 Club Fitness Holdings, Inc. and/or ABC Fitness Solutions, Inc.  You shall promptly notify Club Fitness Holdings, Inc. of any changes regarding your contact information.

ARBITRATION: Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership 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 home club city and Missouri law shall apply. In the event of a claim arising out of or relating in any way to the Membership 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 after 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 Membership Agreement, including without limitations, its third-party payment processor, which is currently ABC Fitness Solutions, Inc.

MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND CLUB FITNESS HOLDINGS, INC. ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR CLUB FITNESS HOLDINGS, INC. 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.

INDEMNIFICATION: You hereby release and agree to indemnify Club Fitness Holdings, Inc., its Affiliates, officers, owners, agents, employees, instructors and their insurers from and against any liability that may arise out of or in connection with this Agreement, including but not limited to your use of the equipment and/or the facilities of Club Fitness Holdings, Inc. and any incident that occurs while using the facilities.  You understand that Club Fitness Holdings, Inc.TM is a trademark of Club Fitness Holdings, Inc., Inc., that Club Fitness Holdings, Inc., Inc. has licensed Club Fitness Holdings, Inc.TM trademark certain Affiliates, that the fitness club you are using may be operated by an Affiliate, and, therefore, you hereby release and agree to indemnify Club Fitness Holdings, Inc., Inc., South County Training Inc., South Training LLC, Club Fitness Holdings, Inc. of K&N LLC, Club Fitness Holdings, Inc. of St. Charles LLC, CCJC Tan Inc., O’Fallon Fitness Inc., Total Tan Inc., Webster Inc., Club Fitness Holdings, Inc. of Alton LLC, CCC Fitness LTD, its officers, owners, agents, employees, instructors and their insurers from and against any liability that may arise out of or in connection with your using any of the equipment or the facilities of the fitness club or any incident that occurs while using Club Fitness Holdings, Inc.’s facilities or otherwise related to your club membership.

ELECTRONIC DISCLOSURES: Certain laws and regulations may require Club Fitness Holdings, Inc. to provide you with written notices and disclosures on paper. With your consent, this information may be provided electronically. Your consent hereto shall apply to each and every disclosure, notice, Agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Club Fitness Holdings, Inc. and/or its third-party payment provider ABC Fitness Solutions, Inc., may provide you. Your consent to receive the Documents electronically shall continue until expressly withdrawn by you. Notwithstanding this, you may request a paper copy of all electronic Documents by contacting Club Fitness Holdings, Inc. and/or ABC Fitness Solutions, Inc., and requesting a paper copy. You may withdraw your consent at any time by notifying the customer service department of Club Fitness Holdings, Inc. and/or ABC Fitness Solutions, Inc. Upon withdrawing consent, you shall no longer receive the Documents electronically. You acknowledge that withdrawing consent may result in additional fees for your receipt of the Documents. You agree to maintain a valid email address with Club Fitness Holdings, Inc. and/or ABC Fitness Solutions, Inc., and to promptly notify Club Fitness Holdings, Inc. and/or ABC Fitness Solutions, Inc., of any changes to your email address. If you have provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Club Fitness Holdings, Inc. and/or ABC Fitness Solutions, Inc. To access, view and receive the Documents electronically, you agree and acknowledge that you must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by your 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 you desire to print or electronically store any electronic Documents. You acknowledge that you may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones.

Informational/Transactional Calls and Text Messages: You hereby consent to Club Fitness Holdings, Inc. making telephone calls and sending you text messages to the telephone number(s) that you provide to Club Fitness Holdings, Inc. or its Affiliates that are informational and/or transactional in nature arising from or related to this membership using, including, without limitation, an automatic telephone dialing system or artificial or prerecorded voice. 

CONSENT TO USE LIKENESS: You hereby consent for Club Fitness Holdings, Inc. to any use your name, portrait, audio recording of your voice, and / or video images while utilizing any Club Fitness Holdings, Inc. facility for the purpose of advertising or any other purpose to be reasonably determined by Club Fitness Holdings, Inc., including, but not limited to, television, radio, print, internet and social media advertising. You acknowledge that you will not receive compensation for this consent and any and all pictures, films, photographs, negatives and auto recordings of your voice in connections with this consent authorization shall be the exclusive property of Club Fitness Holdings, Inc. and its Affiliates. By signing this Agreement, you represent that you are over 18 years of age or signature as cosigner authorizes on behalf of any minor, the full authority to grant the rights herein given. This will also serve as a release of any and all claims regarding the above.

INCIDENTAL CONTACT: You acknowledge that if any Club Fitness Holdings, Inc. employee assists you in the use of any equipment or exercises, that you may be physically touched as part of such assistance, and you hereby consent to such touching and waives any claim in connection with such touching.

AFFILIATES: Member acknowledges that by signing an Agreement with one of the following locations that it refers to the legal identity of the corresponding Affiliate.  “Affiliate” shall mean any of the following locations or corporate entities of Club Fitness Holdings, Inc.: (Florissant -Total Tan, Inc) or (St. Peters – Club Fitness Holdings, Inc., Inc. ) or ( O’Fallon N – O’Fallon Fitness, Inc. ) or (Creve Coeur – CC JC Tan, Inc.) or (Webster Groves – Webster Inc. ) or (Rockhill – S County Training Inc. ) or (O’Fallon S – Club Fitness Holdings, Inc. of K & N Plaza or CF of Deer Creek, LLC ) or (Lemay Ferry – South Training, Inc.) or (Granite City – C.C.C. Fitness LTD ) or (Alton – CF of Alton) or (St. Charles – Club Fitness Holdings, Inc. of St. Charles, LLC) or (Collinsville – CF of Collinsville, LLC ) or (Hampton – CF of Hampton, LLC) or (Ballwin – CF of Ballwin, LLC) or (Woodriver – CF of Woodriver, LLC) or (Fairview Heights – CF of Fairview Heights, LLC) or ( Delmar – CF of Loop, LLC) or (Brentwood – CF of Brentwood, LLC ) or (Loughborough –CF of Loughborough, LLC) or (Dogtown – CF of St. Louis Market Place, LLC ) or (Wentzville – CF of Wentzville, LLC ) or (Arnold – CF of Arnold, LLC) or (Affton – CF of Grasso Plaza, LLC) or (Chesterfield – Aphel Bill Serv , LLC) or (Belleville – CF of Belleville, LLC.) or (Maplewood – CF of Maplewood, LLC) or (Eastgate – CF of Eastgate Plaza, LLC) or ( O’Fallon IL – CF of O’Fallon IL, LLC ) or  ( Fenton – CF of Fenton, LLC)  or (Ellisville – CF of Ellisville) or (New Arnold -Club Fitness Holdings, Inc. of Crossroads) or (Lake St. Louis – CF of Lake St. Louis, LLC) or (South County – CF of Lindbergh, LLC) or Club Fitness Holdings, Inc. Holdings, Inc.

ENTIRE AGREEMENT AND ENFORCEMENT: You acknowledge that this Agreement constitutes the entire agreement between the parties and that you have not relied on any promises, representations, understandings and/or Agreements relating to this membership purchase. At our option this membership may be NULL & VOID if it is not in accordance with our current pricing and membership policy. NO CHANGE TO ANY PRINTED ITEM IN THIS AGREEMENT SHALL BE VALID. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each party.

Miscellaneous: This Agreement may be assigned by Club Fitness Holdings, Inc. or its Affiliates at any time for any reason. You may not sell, assign or transfer your rights or obligations under this Agreement.  Agreement benefits solely the parties to this Agreement and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. This Agreement and all related documents including all exhibits attached hereto are governed by, and construed in accordance with, the laws of the State of Missouri.

MEMBER HAS READ AND AGREED TO THE TERMS AND CONDITIONS AS SET FORTH ABOVE, INCLUDING, BUT NOT LIMITED TO THE RELEASE OF LIABILITY. MEMBER HAS RECEIVED AN ELECTRONIC COPY OF SIGNED CLUB FITNESS HOLDINGS, INC. MEMBERSHIP AGREEMENT.

By accepting the terms of this Agreement, you hereby agree to the terms and conditions of this Agreement and consents to the same.

KIDS CLUB GUIDELINES 

Exhibit D – Kids Club

Club Fitness Holdings, Inc. offers limited childcare at certain locations during business hours for members, subject to the following terms: 

• • Maximum age for Kids Club is 12 years old. Please see specific club for minimum age restrictions at the time of enrollment. Prior to using the services, the parent or legal guardian is required complete and keep current a signed copy of these guidelines at each location where the children will participate in the service. 
  • Parent or a legal guardian is required to check each child in and out for each use of the service. 
  • Only the parent or legal guardian may sign in/out their own child. The same parent or legal guardian must sign them out. Parent or legal guardian must remain on the premises for the duration of the child’s stay in Kids Club. You may request a copy of the guidelines at any time. 
  • Maximum time limit is 2 hours per child per day. Maximum occupancy can change from location to location based on square footage, staffing and maximum capacity.  Maximum capacity may not always be based on physical children in attendance and is in the discretion of Club Fitness Holdings, Inc..  In rare cases, a waiting list may be used. Club Fitness Holdings, Inc. reserves the right to reduce stay times as needed.
  • No food or drink, other than a spill proof cup for water only and labeled with the child’s name, is allowed. 
  • Parents or legal Guardians are responsible for feeding and changing diapers or clothing. Kids Club associate will not assist child in the restroom in any way. The associate will allow the child to use the restroom on their own.
  •  For the safety of other children and our staff, Kids Club associates and Club Fitness Holdings, Inc. Management reserve the right to refuse entry to any child showing signs of fever or illness of any kind, including rashes. 
  • Club Fitness Holdings, Inc. expects that participants utilize “treat others as you would like to be treated” behavior.  No hitting, biting, spitting, name calling, bullying or rough horse play is permitted.  At Club Fitness Holdings, Inc.’s sole discretion, we may require the removal of a child from the Kid Club for a period of time, up to and including permanent suspension from the service. 
  • These Guidelines are subject to change as needed, without notice. 
  • Club Fitness Holdings, Inc. does not accept responsibility for items brought into the Kid’s Club that are damaged, lost or stolen.  

By being a Member of Club Fitness Holdings, Inc., you hereby agree to the following:

• • You have read the provided guidelines and agree to comply with the same. 
  • You have provided relevant medical information for any/all above listed children. 

You understand that neither Club Fitness Holdings, Inc. nor any of its employees shall be held liable or responsible for any accident or injury that may occur while my child is present in the Kids Club and that you are solely responsible for the safety and wellbeing of your child while in Club Fitness Holdings, Inc.. 

• • You understand Club Fitness Holdings, Inc. enforces all Guidelines and Authorizations and reserves the right to refuse admittance to any member or child that does not follow all guidelines. You understand that you may request a copy of the Guidelines at any time. 
  • You understand and acknowledge that this service is not a licensed childcare or daycare facility and is not required to be licensed. You acknowledge and consent that Club Fitness Holdings, Inc. may videotape or take pictures of any activities that take place in the Kids Club, including any incidents or injuries, and that Club Fitness Holdings, Inc. is not required to release such information to any party.

Terms, Conditions, and Health & Safety Disclosure

These Terms and Conditions govern the use of wellness and recovery services offered by Club Elite, including but not limited to:

• HaloRed Therapy Booth • Halo Infrared Salt Sauna • RedZone Red Light Therapy Sauna • PolarWave Dry Cold Plunge • Elite Wellness Pod (Cocoon Wellness Pod)

Participation in any wellness service constitutes acknowledgment that the member has read, understood, and agrees to the terms outlined below.

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1. Nature of Services

The wellness modalities offered at Club Elite are intended to support general wellness, recovery, relaxation, and fitness goals.

These services are not medical treatments and are not intended to diagnose, treat, cure, or prevent any disease.

Members should consult a physician prior to participating if they have any medical condition, are under medical care, or have concerns about heat, cold, or light exposure.

Nothing contained in these Terms and Conditions should be interpreted as medical advice.

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2. Member Responsibility

Members acknowledge that they are responsible for evaluating their own physical condition prior to participating in any wellness service.

Members agree to:

• follow all posted instructions and facility policies • observe all recommended session durations • consult a physician if they have health concerns • discontinue use immediately if discomfort occurs • notify staff if they experience any adverse symptoms

Symptoms requiring immediate discontinuation include:

• dizziness • chest pain • difficulty breathing • nausea or vomiting • faintness or lightheadedness • excessive heat stress or cold intolerance • unusual pain or discomfort

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3. General Health Contraindications

Members should consult a physician prior to participating if they have any of the following conditions.

Cardiovascular Conditions

• heart disease • congestive heart failure • arrhythmias • unstable angina • impaired coronary circulation • severe hypertension or hypotension • peripheral vascular disease • coronary artery disease • history of stroke or vascular disease • deep vein thrombosis (DVT)

Respiratory Conditions

• severe COPD • chronic lung disease • acute respiratory illness • respiratory cancers • tuberculosis

Neurological Conditions

• epilepsy or seizure disorders • multiple sclerosis (MS) • neurological disorders affecting sensation

Metabolic or Circulatory Conditions

• diabetes or diabetic neuropathy • impaired circulation • hyperthyroidism • kidney disease • conditions affecting sweating or thermoregulation

Immune or Autoimmune Conditions

• lupus • autoimmune disorders • weakened or compromised immune systems

Acute or Infectious Conditions

• fever • contagious illness • infection • inflammation • open wounds • burns • recent skin procedures

Eye Conditions

• retinal disease • recent eye surgery • eye conditions sensitive to light exposure

Bleeding Disorders

• hemophilia • bleeding disorders • active hemorrhage

Pregnancy

Pregnant individuals should consult a physician prior to participating in any wellness service due to potential risks associated with elevated body temperature, light exposure, or rapid temperature change.

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4. Medication Considerations

Members taking prescription or over-the-counter medications should consult a physician prior to participating.

Certain medications may increase risk during heat, cold, or light exposure including:

• photosensitizing medications • retinoids or acne medications • benzoyl peroxide • antibiotics • lithium • melatonin • phenothiazines • antipsychotics • corticosteroids or cortisone injections • diuretics • beta blockers • barbiturates • antihistamines • blood thinners • medications for hypertension

These medications may affect:

• sweating • thermoregulation • blood pressure • circulation • sensitivity to light exposure

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5. Medical Devices and Implants

Members should consult a physician prior to participation if they have:

• pacemakers • defibrillators • implanted electronic devices • oxygen tanks or respiratory support devices • recent surgical implants

Members with surgical hardware, joint replacements, or implants should seek medical guidance before participating in heat or cold exposure therapies.

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6. Special Population Considerations

Age Restrictions

Individuals under the age of 16 should not use wellness equipment without medical guidance and parental supervision.

Elderly Individuals

Older adults may have reduced circulation and thermoregulation, increasing susceptibility to heat stress or cold exposure risks.

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7. Additional Safety Restrictions

Members should not use wellness services if they are:

• under the influence of alcohol • under the influence of recreational drugs • severely dehydrated • experiencing acute illness

Proper hydration is recommended before and after all heat or cold exposure sessions.

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8. Modality-Specific Considerations

8.1 HaloRed Therapy Booth

HaloRed combines red and near-infrared light therapy, halotherapy (dry salt exposure), and oxygen-enriched air.

Individuals should consult a physician before use if they have:

• photosensitive conditions such as lupus or porphyria • retinal diseases • thyroid conditions affecting the neck • epilepsy or seizure disorders • active cancer or skin cancer history

Red light therapy should not be applied over active bleeding wounds due to increased circulation.

Eye protection should be used when recommended.

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8.2 Halo Infrared Salt Sauna

Infrared sauna exposure increases core body temperature and circulation.

Members should consult a physician before use if they have:

• fever • insensitivity to heat • recent joint injuries • infections or inflammation • bleeding disorders

Alcohol consumption prior to sauna use is strongly discouraged.

Proper hydration is recommended before and after use.

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8.3 RedZone Red Light Therapy Sauna

RedZone combines infrared heat exposure with red light therapy.

Maximum recommended session time is 15 minutes per day.

Members should avoid looking directly at the red or infrared light panels. Eye protection should be worn when recommended.

Individuals with the following conditions should consult a physician prior to use:

• photosensitive conditions • cardiovascular disease • impaired thermoregulation • diabetes • autoimmune conditions • epilepsy or neurological disorders • hyperthyroidism • kidney disease • peripheral vascular disease • deep vein thrombosis

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8.4 PolarWave Dry Cold Plunge

Cold exposure can produce rapid cardiovascular responses including increased heart rate and blood pressure.

Members should consult a physician before use if they have:

• cardiovascular disease • arrhythmias • Raynaud’s syndrome • poor circulation • respiratory conditions • compromised immune systems

Members should enter gradually and maintain controlled breathing.

Members should not participate if they are:

• dehydrated • ill • severely fatigued

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8.5 Elite Wellness Pod (Cocoon Wellness Pod)

The Elite Wellness Pod provides a multi-modality experience including:

• infrared heat therapy • vibrational massage • chromotherapy lighting • supplemental oxygen • aromatherapy

Members should consult a physician before use if they have:

• cardiovascular disease • sensitivity to heat exposure • neurological disorders affecting sensation • musculoskeletal injuries • infections or open wounds • claustrophobia

Members should discontinue use immediately if they experience dizziness, nausea, or discomfort.

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9. Safe Use Guidelines

Members agree to follow all posted guidelines including:

• recommended session durations • hydration guidance • breathing techniques for cold exposure • staff instructions

Members must discontinue use immediately if adverse symptoms occur.

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10. Assumption of Risk

Participation in wellness modalities involves inherent risks associated with:

• heat exposure • cold exposure • light exposure • cardiovascular response • environmental stress on the body

Members voluntarily assume these risks when participating.

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11. Medical Disclaimer

Club Elite wellness services are provided for general wellness and recovery purposes only.

They are not a substitute for professional medical diagnosis, treatment, or advice.

Members should consult their healthcare provider regarding any medical concerns prior to participation.

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12. Modification of Terms

Club Elite reserves the right to update or modify these Terms and Conditions at any time.

Continued participation constitutes acceptance of the most current version.