TERMS OF SERVICE - LIABILITY WAIVER - HOUSE RULES - PRIVACY POLICY

FITHUB MEMBERSHIP TERMS AND CONDITIONS

1. YOUR MEMBERSHIP

1.1 Overview: This Membership Terms and Conditions (the “Terms”) sets forth the terms and conditions that apply to your membership (“Membership”) to the Fithub Club in the Membership Form. The Membership Form, Electronic Funds Transfer (“EFT”) Authorization Form, the Membership Benefits, the Limitation of Liability and Waiver (the “Release”), the Fithub Policies (as defined below in the Terms) shall be incorporated and made a part of these Terms as fully set forth herein. You are responsible for complying with these Terms and the accompanying attached agreements that are the Membership Contracts. A copy of the Membership Contracts will be provided to you to your email address you upon joining. You may also contact Fithub if you need to obtain another copy of your Membership Contracts.

1.2 Minimum Commitment: Your Membership is for an initial twelve 3 month commitment period (the “Initial Period”) and, except for those limited cancellation rights expressly set forth in Section 3.1 and 3.2 below, you may not cancel your Membership or otherwise terminate these Terms during the Initial Period.

1.3 Renewals: If you have a monthly Membership, your Membership and these Terms will automatically renew at the end of the Initial Period and continue on a month-to-month basis until your Membership is cancelled by you or Fithub, as described in Section 3. If you have a paid-in-full annual Membership, your Membership and these Terms will automatically expire at the end of the Initial Period, unless you renew your Membership. Fithub reserves the right to contact you, using any contact information on-file with Fithub, to discuss your renewal options. You may also visit or contact your Fithub Club to renew your Membership. Membership Fees for all for monthly and paid-in-full Membership renewals are subject to pricing changes, as described in Section 2.1.

1.4 Membership Freezes: You have certain rights to temporarily suspend or “freeze” your account for up to three (3) months, or longer for medically-necessitated freezes, as further described in the Fithub Policies (as defined in Section 5.1). Non-medical freezes are subject to an additional fee.

1.5 Non-Transferable: Your Membership is personal to you and is non-transferable and non-descendible. Only you may use your Membership, and you may not permit any other individual to access and use any Fithub Club under your Membership.

1.6 Changes to Membership Class: You may change your Membership Type at any time, subject to the following conditions. Your Membership Fees (as defined in Section 2.1) will be increased (or decreased) to the then-current membership rate for your new Membership Type, and you will be required to sign a new EFT Authorization Form and, in Fithub’s sole discretion, a new membership agreement. Fithub also reserves the right to charge you an upgrade fee. Fithub reserves the right to, in its discretion at any time, modify the names of and/or service offerings provided within one or more of its Membership Type.

1.7 Home Club: Your “Home Club” is the Club at which your Membership was purchased and is listed at the beginning of the Fithub Membership Form. You may transfer your Home Club to another Club, subject to the following conditions. You may only transfer your Home Club to another Club within your Membership Type.

1.8 Club Exclusions: You may only access and use the Fithub Club within your purchased Membership Type. During your Membership, Fithub may, in its discretion, exclude certain Fithub Clubs from various Membership Types or otherwise limit your access to certain Fithub Clubs. Once Fithub implements an exclusion or limitation, you will no longer have the right to access or use such affected Fithub Club(s), notwithstanding any “All Access” or other similar designation of Membership Type and/or notwithstanding that such Fithub Club(s) may be located within your regional area. Contact Fithub for a current list of excluded Fithub Clubs.

1.9 Club Closures: During your Membership, Fithub may, in its discretion, temporarily close or suspend or limit your access to a Fithub Club (including without limitation your chosen Fithub Club), or areas, features or amenities of a Fithub Club, for purposes of renovation, special events or otherwise, at any time and in its sole discretion.

1.10 Corporate Members: If you join Fithub under an arrangement between your current employer and Fithub, additional or alternative, pricing, benefits, terms and conditions may apply to your Membership, as agreed in the terms between your employer and Fithub. Depending on the terms between your employer and Fithub, your Membership may automatically cancel once you leave your employment. If there is a conflict between these Terms and the Membership Contracts, and the terms between your employer and Fithub, those terms between your employer and Fithub will control. Contact your employer with any questions regarding any special terms that may apply to your corporate Membership.

2. PAYMENT POLICIES

2.1 Initiation Fee; Membership Fees: Unless expressly waived by Fithub, you will be required to pay a one-time initiation fee, which is due and payable as of the Effective Date. During the Initial Period, your monthly (or, for paid-in-full memberships, annual) membership fees (“Membership Fees”) will remain at the rate set forth on the Fithub Membership Form (unless you change your Membership Type or Fithub Club, as described in Section 1.6 and Section 1.7.) After the Initial Period, Fithub may, in its sole discretion, increase or otherwise modify your Membership Fees, upon at least thirty (30) days’ notice to you. Fithub may also, in its discretion and at any time, change the date on which electronic funds transfers are processed, upon at least thirty (30) days’ notice to you. Notices under this Section 2.1 will be provided as described in Section 6. Membership Fees are not based on or related to actual usage of the Fithub Club(s) and, unless you have frozen your Membership in accordance with Fithub Policies, you are responsible for the payment of your Membership Fees in full regardless of your use of, or failure to use, any Fithub Club(s).

2.2 Ancillary Charges: You are responsible for paying all amounts you incur during your Membership, including without limitation fees for one on one personal training and Pilates sessions, massage treatments and other ancillary services, as well as purchases of retail or other items (collectively, “Ancillary Charges”). Payment for Ancillary Charges is due in full at the time of purchase, and Fithub has no obligation to provide you with any ancillary service or good until it has received such payment. Pricing for all Ancillary Charges is in Fithub’s sole discretion and may be prospectively modified by Fithub at any time, with or without notice to you.

2.3 Non-Refundable: Your initiation fee, Membership Fees and Ancillary Charges are non-refundable and, unless otherwise expressly set forth in Section 3, you will not receive a refund of any initiation fee, Membership Fees or Ancillary Charges as a result of Membership cancellation or otherwise. From time to time Fithub may provide you with certain complimentary or promotional items, as further described in the Fithub Policies. Complimentary items have no cash value and you are not entitled to any refund or other amount for any complimentary item.

2.4 Good Standing: You are required to keep your Membership in good standing by ensuring all Membership Fees and any Ancillary Charges are paid on time. You are responsible for promptly notifying Fithub of any changes to your credit card, checking account or other payment account information (“Payment Information”).

2.5 Separate Sponsor: If another individual (a “Sponsor”) purchased your Membership on your behalf and agreed to have their Payment Information retained on-file with Fithub, you, not Sponsor, are ultimately liable for all Membership Fees and Ancillary Charges payable hereunder and you agree to make all payments hereunder in the event Sponsor fails to do so. These Terms do not provide Sponsor with any rights of Membership and Sponsor may not access and use Clubs under your Membership.

2.6 Past-Due Balances: Fithub reserves the right to take any lawful action in response to any past-due Membership Fees and/or Ancillary Charges, including, without limitation: (1) charging the Payment Information then on-file with Fithub; (2) cancelling your Membership or otherwise suspending your access to Clubs until all past-due amounts are paid; (3) charging you interest (of 10%) on past-due amounts; and/or (4) providing your information, including without limitation name and contact information, to a collections agency who will attempt to collect your past-due amounts on behalf of Fithub. You will be responsible for any collection, professional, and/or attorney’s fees and costs incurred by Fithub in collecting any past-due amounts associated with your Membership. Fithub may charge you a $20 fee for each credit card charge or check that is dishonored or rejected as invalid. Please note that cancellation of your Membership will not relieve you of your obligation to pay any past-due or outstanding amounts.

3. CANCELLATION RIGHTS

3.1 CONSUMERS RIGHT TO CANCELLATION: YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL, EACH OF THE PRECEDING WITHIN THREE (3) BUSINESS DAYS OF THE EFFECTIVE DATE. To exercise this cancellation right, you must notify Fithub in accordance with Section 3.4 below. Notice must be accompanied by a copy of the Membership Contracts, as well as any membership cards or fobs or other membership documentation given to you by Fithub. Within fifteen (15) business days after Fithub receives notice of such cancellation, it will refund all amounts previously paid under these Terms to the original method of payment.

3.2 ADDITIONAL RIGHTS TO CANCELLATION: You or your estate may also cancel these Terms for any of the following reasons:

(1) If upon a doctor’s order, you cannot physically or medically receive the services because of a significant physical or medical disability for a period in excess of three (3) months;

(2) In case of your death;

(3) If the health club services to be provided under these Terms are not available because Fithub fails to open your chosen Fithub Club, permanently discontinues operation of your chosen Fithub Club, or substantially changes the operation of your chosen Fithub Club.

(4) If you move your residence or your place of employment more than twenty-five 25 miles from any Club operated by Fithub or a substantially similar health club which will accept your obligation under these Terms.

You will be required to provide Fithub with reasonable evidence of the reason for cancellation under this Section 3.2, which may include a signed letter from your doctor for cancellation under Section 3.2.1, a death certificate for cancellation under Section 3.2.2 or proof of your new residency or employment for cancellation under Section 3.2.4. You may exercise these rights to cancel your Membership and these Terms by notifying Fithub in accordance with Section 3.4 below. Within fifteen (15) business days after Fithub receives notice of such cancellation, it will refund, using the Payment Information on-file, any prepaid unused Membership Fees and any prepaid unused Ancillary Charges, less any outstanding amounts which may be owed to Fithub hereunder, as such amount is calculated in accordance with applicable law. For the avoidance of doubt, any initiation fee you paid will not be refunded if you cancel your Membership under this Section 3.2.

3.3 Cancellation after Initial Period: If you do not wish to continue your Membership after Initial Period, you may cancel your Membership and these Terms upon sixty (60) days’ prior written notice to Fithub. For clarity, your cancellation will go into effect sixty (60) days after Fithub receives your cancellation notice; however, if you provide cancellation notice more than sixty (60) days before the end of the Initial Period, your cancellation will not go into effect until the last day of the Initial Period. You must provide notice of cancellation in accordance with Section 3.4. Fithub reserves the right, in its discretion, to require you to pre-pay all Membership Fees through the date your cancellation goes into effect. Please note you will not receive a refund of any Ancillary Charges, including without limitation for any sessions which remain unused at the time your cancellation goes into effect.

3.4 How to Cancel Your Membership: You may cancel your Membership and Terms by any of the following methods:

(1) In-person at any Club in your Membership class. You will be required to complete a cancellation form and provide it to the Club General Manager or Assistant General Manager.

(2) By certified or registered United States mail to Fithub - Fithub, 423 S. Fairfax Ave., Los Angeles, California 90036. Your cancellation notice must include your full name, membership ID number, and contact information.

(3) For cancellations after the Initial Period, you may email Fithub to cancel your Membership by emailing admin@fithubla.com with the subject line stating the following “Cancellation of Membership”.

You are responsible for retaining (and presenting, if necessary) all records relating to your cancellation of Membership. In the event of a dispute as to whether and when notice of cancellation was received, Fithub’s records will control.

3.5 Revocation of Membership: Fithub may, in its discretion, revoke or suspend your Membership, or limit your right to access certain Clubs or participate in certain Club offerings or ancillary services, upon notice to you provided at any time and for any reason, including without limitation failure to pay Membership Fees or Ancillary Charges or failure to comply with Fithub Policies (as defined in Section 5.1). In some cases, notice of revocation or suspension may be provided orally by a Club General Manager, Membership Administration or Fithub Regional or Corporate management. If Fithub revokes your Membership, it will promptly refund, using the Payment Information on-file with Fithub, any prepaid unused Membership Fees and any prepaid unused Ancillary Charges, less any outstanding amounts which may be owed to Fithub hereunder. Revocation or suspension of Membership will be without limitation to any other rights or remedies which Fithub may have at law or in equity, and Fithub reserves the right to, in its discretion, prohibit you from rejoining Fithub in the future.

4. YOUR HEALTH

4.1 Health Warranty: By signing these Terms and using any Club, you are representing and warranting to Fithub that you are in good health and have no injury, impairment, disability, disease, ailment or condition that prevents you from safely engaging in exercise or that increases your risk of injury or adverse health consequences as a result of your using any Club or, as applicable, participating in certain group fitness classes or training. We encourage you to see your doctor on a regular basis and seek their advice prior to engaging in any new or modified fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or the diagnosis of any medical conditions.

4.2 Responsibility to Notify: You are responsible for notifying your personal trainer, Pilates or group fitness instructor, or massage therapist before any session or class of any limitation to your ability to participate, including without limitation if you are starting a new or modified fitness regimen or if have any pre-existing or current injuries, impairments, disabilities, diseases, ailments or conditions that may prevent or effect your participation. You are also responsible for immediately informing your trainer, instructor or therapist if you experience any pain or discomfort and/or if you cannot or do not wish to continue your session or class. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS OR DISCOMFORT WHEN ENGAGING IN ANY SESSION, CLASS, ACTIVITY OR EXERCISE OR OTHERWISE USING ANY CLUB, STOP AND CONSULT YOUR DOCTOR OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY. You hereby consent to receive any medical treatment which may be deemed advisable by Fithub and/or any emergency professionals in the event of injury, accident, illness and/or other incapacitation while at any Club.

4.3 Covenant of Due Care: By signing these Terms and using any Club, you are also acknowledging that the activities and exercises you may engage in at the Club, including without limitation when using equipment or machines, participating in any session or class or otherwise engaging in strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, may be physically strenuous and potentially hazardous activities and involve risks and danger inherent in engaging in such activities and exercises. In consideration of the Membership privileges provided to you hereunder and on behalf of your heirs, beneficiaries, distributees, legal representatives, successors, assigns and guests, you hereby voluntarily and knowingly acknowledge and assume risks associated with your failure to use reasonable care when using any Club or equipment and/or your use of any equipment other than for its intended purpose, and you hereby agree to indemnify, defend, and hold harmless Fithub, its parents, subsidiaries and other affiliates, and its and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (collectively “Fithub Parties”) from any and all liability, damages, losses, suits, demands, causes of action or other claims of any nature whatsoever, including without limitation any property damage, personal injury, injury to others or death, to the extent any of the foregoing arise out of or relate in any way to your negligence, intentional acts and/or failure to exercise reasonable care when accessing and using the equipment. Further, you acknowledge that Fithub does not manufacture the fitness and other equipment and machines provided in its Clubs and agree that Fithub is providing recreational services and may not be held liable for defective products.

5. MEMBERSHIP POLICIES

5.1 Fithub Policies: You agree to abide by all Membership and Club rules, regulations, policies, procedures and schedules of Fithub, including without limitation those which may be posted at a Club, on Fithub’s website and/or mobile app or issued orally by a Club General Manager, Assistant General Manager or by any Fithub agent (“Fithub Policies”). A current copy of key Fithub Policies are found here https://www.fithubusa.com/house-rules . Fithub may, in its discretion, prospectively amend or supplement the Fithub Policies at any time, with or without prior notice to you. Contact Fithub for questions regarding Fithub Policies.

5.2 Cell Phone and Camera Use: Using cell phones, cameras or any other recording devices in Fithub locker rooms and other private spaces such as massage treatment rooms and locker or changing room areas is strictly prohibited. See the Fithub Policies regarding use of cell phones, cameras and other recording devices while at any Fithub Clubs.

5.3 Ancillary Services: Your purchase and use of any ancillary services and/or goods such as personal training, Pilates and spa sessions is subject to the Fithub Policies, including without limitation policies for booking, cancellation and expiration dates. See the Fithub Policies for ancillary services.

5.4 Your Information: As a member, Fithub will collect, use and disclose your personal information, as further described in the Fithub Policies. Your information may be used for promotional and marketing purposes and may be disclosed to and used by Fithub’s affiliates and/or certain third parties. See Fithub’s Privacy Policy in the Fithub Policies for Fithub’s collection, use and disclosure of information.

5.5 Third-Party Services: Fithub may make available such goods or services of certain third parties, including without limitation juice bar and café operators and cryotherapy or chiropractic providers (“Third-Party Services”) available to you. Third-Party Services are provided for your convenience and may be discontinued at any time, with or without notice to you. Third-Party Services are not controlled by Fithub and should not be viewed as any endorsement by, or affiliation with, Fithub. You may be required to acknowledge or sign additional third party terms and conditions in order to use Third-Party Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITHUB MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SERVICES AND HEREBY DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF OR IN CONNECTION WITH SUCH THIRD-PARTY SERVICES, THE ASSOCIATED PROVIDERS, AND YOUR USE THEREOF.

6. NOTICES

Your notice of cancellation must be provided in accordance with Section 3.4 above. Fithub has the right to communicate with you regarding your Membership, these Terms, the Membership Contracts, or otherwise by any lawful method, including without limitation by mail, courier, telephone, email, and text message, and may communicate with you using any contact information you have provided to Fithub. Fithub may also provide general member-facing or Club-facing communications or notices (if provided), including without limitation changes to Fithub Policies and notices regarding inclement weather or change to operating hours, within Clubs, on the Fithub website and/or Fithub mobile app. Notices will be deemed given by Fithub on the date deposited in the mail or given to a courier, the date a phone call is made or an email or text is sent, or the date posted in Club, online or in-app. You are responsible for providing accurate, current contact information and must promptly notify Fithub if any of your contact information changes. Fithub will not be responsible for your failure to receive any communication or notice as a result of your failure to provide accurate and current contact information or as a result of any e-mail filtering by your ISP or email provider, insufficient space in your email account or any errors or losses of any postal or delivery service. You hereby consent and give Fithub permission to use (or have a third-party provider use on Fithub’s behalf) an automated telephone dialing system and/or artificial or prerecorded voice (where applicable) to call or text you, including on or to any telephone number you provide to Fithub, including your mobile phone.

7. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

7.1 Informal Dispute Resolution: Our goal is to do our best to ensure that every experience you have with Fithub exceeds your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact Fithub at admin@fithubla.com. When contacting us, we ask that you include your name, address, phone number and email address, a description of your problem or concern and any specific relief you seek.

7.2 Arbitration: You agree to submit any and all Disputes (as defined in Section 7.4) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which will govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration will be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), http://www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), http://www.adr.org. If you initiate arbitration, you may choose between these two arbitration forums; if Fithub initiates arbitration, it will have the choice as between these two arbitration forums.

YOU AND FITHUB AGREE THAT, EXCEPT AS PROVIDED IN SECTION 7.4, ANY AND ALL DISPUTES WHICH ARISE AFTER YOU ENTER INTO THIS AGREEMENT WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

7.3 Class Action Waiver: You agree that the arbitration of any Dispute will be conducted on an individual, not a class-wide, basis, and that no arbitration proceeding may be consolidated with any other arbitration or other legal proceeding involving Fithub or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Fithub, and that the arbitrator of any Dispute between you and Fithub may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

7.4 Definition of “Dispute”: Subject to the following exclusions, “Dispute” means any dispute, claim, or controversy between you and Fithub regarding any aspect of your relationship with Fithub, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes without limitation the validity, enforceability or scope of these Terms (except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver). However, “Dispute” will not include (1) personal injury claims or claims for lost, stolen, or damaged property; (2) claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable; and (3) any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.

7.5 Arbitration Procedures and Location: Either you or Fithub may initiate arbitration proceedings. Arbitration will be conducted before a single arbitrator. If you or Fithub initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:

(1) For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at http://www.jamsadr.com or by calling 1-800-352-5267.

(2) Which particular rules apply in AAA arbitration will depend on how much money is at issue. For less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at http://www.adr.org or by calling 1-800-778-7879.

If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, Fithub will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules. You and Fithub both agree to bring the arbitration in Los Angeles, California. As set forth in Section 8.5 below, the arbitrator will apply California law.

Notwithstanding any other provision in these Terms, including the Arbitration Agreement and Class Action Waiver, Fithub shall have the exclusive and sole right to initiate legal action in a court of competent jurisdiction for the collection of any unpaid Membership Fees, Ancillary Charges, or any other fees owed by the Member to Fithub under these Membership Terms, where the total amount of such fees is up to and including $69,999.99. For such actions, both Fithub and the Member agree to submit exclusively to the jurisdiction of the state and federal courts located within Los Angeles County, California.

8. GENERAL TERMS

8.1 Entire Agreement: These Terms, the Membership Form, Electronic Funds Transfer Authorization Form, the Membership Benefits, the Limitation of Liability and Waiver of Claims, together with the Fithub Policies, constitutes the entire and exclusive agreement between you and Fithub relating to your Membership and supersedes any prior or contemporaneous representations, inducements, promises, understandings or agreements, whether oral, written or otherwise.

8.2 Modifications: No provision of these Terms, or the enforcement thereof, may be modified or waived, except as may be stated in a writing signed by Fithub Club or corporate management. Notwithstanding the foregoing or anything to the contrary herein, Fithub may, in its discretion, modify these Terms at any time (subject to Section 2.1), upon at least thirty (30) days’ notice to you.

8.3 Interpretation: If any provision or portion of these Terms, or the application thereof to any person, party or circumstances, is be deemed invalid or unenforceable by a court or arbitrator of competent jurisdiction, (1) that invalidity or unenforceability will not affect the remainder of these Terms and (2) Fithub may, in its discretion, modify such provision or portion in order to render it valid and enforceable.

8.4 Assignment: Fithub may assign or transfer these Terms and your Membership, whether by operation of law or otherwise, to an affiliate of Fithub or to a third party in the event of any merger, acquisition, sale of assets, change of control or other corporate transaction between Fithub (or one of its affiliates) and such third party (or one of its affiliates), in each case without notice to you, and you hereby consent to any such assignment or transfer. You acknowledge that these Terms is personal to you and that you have no rights to transfer or assign these Terms to any other individual or entity.

8.5 Governing Law: This Agreement, your Membership, and any claims, disputes and matters arising hereunder, will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles. Except for Disputes that you or Fithub submit to binding arbitration pursuant to the Arbitration Agreement, all claims, disputes and matters arising hereunder will be submitted exclusively to the jurisdiction of the federal and state courts of competent jurisdiction located in Los Angeles, California, and you and Fithub each hereby irrevocably consent to the jurisdiction of such courts and waive all objections thereto.

Liability Waiver

FITHUB LIMITATION OF LIABILITY, WAIVER OF CLAIMS, AND PROMOTIONAL RIGHTS

This Limitation of Liability and Waiver of Claims ("Waiver") is an integral part of the Membership Contracts, including without limitation the Membership Terms and Conditions (the “Terms”) between Fithub and the undersigned individual ("Member"). By agreeing to the terms of the Terms, the Member acknowledges and agrees to the following:

1. Acknowledgment of Risk: The Member acknowledges that the use of Fithub’s facilities, services, equipment, and participation in any fitness programs, classes, or activities (collectively, the "Fitness Activities") inherently involve risks of physical injury, illness, or death. The Member affirms that they are fully aware of these risks and voluntarily agrees to participate in Fitness Activities, accepting all risks associated with such participation.

2. Assumption of Risk: The Member voluntarily assumes full responsibility for any and all risks of loss, property damage, or personal injury, including serious injury or death, that may be sustained by the Member or any loss or damage to property owned by the Member, as a result of being engaged in Fitness Activities, whether caused by the negligence of the Fithub or its representatives or otherwise.

3. Waiver and Release: The Member hereby releases, waives, discharges, and covenants not to sue the Fithub, its parent companies, subsidiaries, affiliates, officers, members, agents, employees, and all other individuals or entities acting in any capacity on behalf of the Fithub (collectively, "Released Parties") from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by the Member while participating in Fitness Activities or while on the premises where the activities are being conducted, even if the harm is caused by the negligence of the Released Parties.

4. Fitness for Participation: The Member represents that they are physically fit and have not been advised against participating in Fitness Activities by a qualified health professional. The Member agrees to promptly notify the Fithub of any changes in their physical condition that would prevent them from safely participating in Fitness Activities.

5. Right to Use Member's Image and Likeness: Member hereby grants Fithub the right to photograph and video record the Member during the Member's participation in any Fitness Activities, use of Fithub facilities, or attendance at any Fithub events, and to use such photographs and video recordings, including any images, likenesses, or depictions contained therein, for internal purposes, promotional materials, and any other legitimate business purposes. Fithub agrees that any commercial use of such photographs, video recordings, images, likenesses, or depictions will be subject to advance written notice to the Member and the Member's prior written consent, not to be unreasonably withheld. This provision shall survive the termination or expiration of this Membership Agreement.

6. Understanding of Waiver: The Member acknowledges that they have read this Waiver and fully understand that they are giving up legal rights and/or remedies which may be available to them against the Fithub or any of the Released Parties.

Privacy Policy

Effective Date: 7/17/2024

This Privacy Policy describes how J&J Inc. dba. FITHUB ("we", "us", or "our") collects, uses, and shares personal information of users ("you" or "users") of our services. We are committed to protecting your privacy and complying with applicable data protection laws, including the California Consumer Privacy Act (CCPA).

1. Information We Collect

We may collect the following categories of personal information about you:

Identifiers: Name, email address, postal address, phone number, unique personal identifier, IP address, or other similar identifiers.
Personal Information Categories Listed in the California Customer Records statute: Name, contact information, education, employment, employment history, or financial information.
Commercial Information: Records of products or services purchased, obtained, or considered.
Internet or Other Electronic Network Activity Information: Browsing history, search history, information on your interaction with our website, application, or advertisement.
Geolocation Data: Physical location or movements.
Professional or Employment-Related Information: Current or past job history or performance evaluations.
Inferences Drawn from Other Personal Information: Profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

2. How We Use Your Information

We may use the information we collect for the following purposes:

To provide, operate, and maintain our services.
To improve, personalize, and expand our services.
To understand and analyze how you use our services.
To develop new products, services, features, and functionality.
To communicate with you, either directly or through one of our partners.
To comply with legal obligations and resolve disputes.
To protect against or deter fraudulent, illegal, or harmful actions.

3. Sharing Your Information

We may share your personal information with third parties for the following purposes:

With service providers or contractors who help us provide services or perform business functions on our behalf.
With third parties to comply with legal obligations or in response to lawful requests by public authorities.
With affiliated companies or in connection with a merger, acquisition, or sale of assets.

4. Your Rights and Choices

Access: You have the right to request access to the personal information we hold about you.
Rectification: You have the right to request that we correct any inaccurate or incomplete personal information.
Deletion: You have the right to request deletion of your personal information, subject to certain exceptions.
Opt-Out: You may opt out of receiving marketing communications from us at any time by following the instructions in those communications.

5. Security of Your Information

We use reasonable security measures to protect the confidentiality and security of your personal information.

6. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

House Rules

1. Memberships are FITHUBLA are limited and available at the discretion of management.

2. Cancellation of membership does not require a reason and you may be cancelled at the discretion of management.

3. All members must sign the membership agreement, liability waiver, and credit card authorization at membership initiation. Failure to sign any of these may result in cancellation of membership.

4. Fitness professional members agree to maintain your insurance up-to-date and provide a copy of renewal to FITHUBLA prior to expiration or at the request of the business.

5. You agree to book all sessions prior to showing up to the facility. Unbooked sessions will result in a warning, followed by a penalty rate of 2x your session.

6. Members approve of filming at this facility for security purposes.

7. Members must respect all other appointments in this space. This includes sharing equipment, conducting your business at an appropriate volume and demeanor and creating an inclusive space.

8. All equipment you bring in to the facility is your liability and FITHUB does not assume any responsibility for outside equipment.

9. If you choose to remove shoes during your time at the facility you assume all risk associated with not wearing shoes.

10. There may be private clients filming in the facility. You accept to be around other filming professionals and that you may be captured in the background during this filming.

11. You may be subject to a $15 charge for any cancellation within 12-hours of your scheduled appointment.

10. FITHUB is not responsible for any fraudulent insurance, certification, or other licenses provided by fitness professionals.

11. FITHUB is not responsible for any injuries caused by inappropriate use of equipment and negligence on behalf of you or your client.

12. You agree to allow FITHUB to reproduce, use, and promote any footage captured in this facility on our social media and website.

13. This booking is in no way to be interpreted as an offer or solicitation for employment, contracting, or referral by FITHUB.

14. You are booking the space to do any activity so long as it does not violate any federal, state, and local laws.

15. You are prohibited from booking this space for personal training use if you are an active Equinox employee.

16. You are not permitted to park in the lot behind the gym unless otherwise instructed by Justin or Jaime.

17. Memberships renew automatically and the business must receive a 30-day notice for any and all cancellations.

18. Memberships include but are not limited to semi-private sessions, private training sessions, pilates sessions, private rentals, and other uses of the space.

19. By becoming a member you opt-in to marketing and outreach by FITHUB via phone, email, social media, or any other contact information you provide.