Become A MemberWELCOME TO THE CLUB

This Membership Agreement (“Agreement”) covers the purchase of a membership at the JOHN REED location above.

Notice of Dues and Fees Renewal: Subject to the terms of this Agreement, if you are being billed monthly, this Agreement will automatically renew on a monthly basis at the end of the Initial Term, and your monthly dues will continue to automatically bill each month until this Agreement is cancelled per its terms. Subject to applicable law and on notice to you, JOHN REED may cancel this Agreement or change the amount of dues and charges payable hereunder after the Initial Term.

BUYER’S RIGHT TO CANCEL:

(1) Notice of cancellation shall be sent via email to SAMO@johnreed.fitness from an email address on file with the health studio, delivered in person to your home health studio at the address listed at the top of this Agreement, or delivered in person, mailed via first-class mail to GOLD’S GYM CALIFORNIA, LLC, DBA JOHN REED, LLC 1202 Third Street Promenade, Santa Monica, CA 90401. Refunds owed from cancellation under this Section will be paid within 10 days after receipt of cancellation, except that no payment shall be made for any health studio services received prior to cancellation.

(2) If your contract for health studio services requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000), inclusive, including initiation fees or initial membership fees, by you or the person receiving the services or the use of the facility, you shall have the right to cancel the contract within 20 days after the contract is executed. If a contract for health studio services requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), inclusive, including initiation fees or initial membership fees, by your or the person receiving the services or the use of the facility, you shall have the right to cancel the contract within 30 days after the contract is executed. If a contract for health studio services requires payment of two thousand five hundred one dollars ($2,501) or more, including initiation fees or initial membership fees, by you or the person receiving the services or the use of the facility, you shall have the right to cancel the contract within 45 days after the contract is executed. Upon cancellation, the consumer shall be liable only for that portion of the total contract payment, including initiation fees and other charges however denominated, that has been available for use by the consumer, based upon a pro rata calculation over the term of the contract. The remaining portion of the contract payment shall be returned to the consumer by the health studio.

(3) You may also cancel this contract if you relocate further than 25 miles from this health studio and you are unable to transfer this contract to a comparable facility. In such instance, you will be relieved from the obligation of making payment for services other than those which have already been provided, and if you have prepaid any sum for health studio services, so much of such sum as is allocable to services you have not taken shall be promptly refunded. You may be charged a predetermined fee not exceeding one-hundred dollars ($100) if not more than half the life of your contract has expired, or not exceeding fifty dollars ($50) if more than half the life of your contract has expired.

(4) If by reason of death or disability, you are unable to receive all services for which you have contracted, you and your estate shall be relieved from the obligation of making payment for services other than those received prior to the death or onset of disability, and if you have prepaid any sum for services, so much of such sum as is allocable to services you have not taken shall be promptly refunded. You may be charged a fee not exceeding one hundred dollars ($100) if not more than half the life of your contract has expired, or a fee not exceeding fifty dollars ($50) if more than half the life of your contract has expired.

(5) You may cancel this contract and receive a pro rata refund if the health studio does not provide the specific facilities advertised or offered in writing to you within six months after the date of this contract or within the time advertised or offered in writing to you. If no time is indicated in this agreement for the provision of the specific facilities advertised or offered to you, you may cancel this contract within six months after execution of the contract and receive a pro rata refund. If the health studio does not meet a timeline set forth in this section you may cancel the contract at any time after expiration of the timeline; however, if after the expiration of the timeline, the health studio provides the advertised or agreed-upon services, you may cancel the contract up to 10 days after those services are provided.

(6) If you have paid money under a contract for health studio services for a health studio facility that has not yet opened for business, you have the right to cancel the contract and receive a full refund at any time prior to midnight of the fifth business day after the date the health studio opens for business.

Do not sign this Agreement until you have read all pages or if it contains blank spaces. The terms on all pages are a part of this Agreement. You are entitled to a completely filled-in copy of this Agreement. By signing this Agreement, you acknowledge that (A) this Agreement will become legally binding upon its acceptance by JOHN REED, and (B) JOHN REED makes no representations or warranties to you, either expressed or implied, except to the extent expressly set forth in this Agreement. This Agreement constitutes the entire agreement between you and JOHN REED with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect to such subject matter.

By providing your contact information and signing this Agreement, you consent to being contacted about your membership and account by JOHN REED, its agents and related parties at the phone number and email provided to us.

NOTICE REQUIRED BY CALIFORNIA LAW. You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email or deliver a signed and dated notice that states that you, the buyer, are canceling the agreement, or words of similar effect. The notice shall be delivered in person to your home gym or sent via first class-mail, via email from an email address on file with the health studio, or delivered in person to: GOLD’S GYM CALIFORNIA, LLC, DBA JOHN REED SANTA MONICA, 1202 Third Street Promenade, Santa Monica, CA 90401 or SAMO@johnreed.fitness. You may also cancel via the JOHN REED member portal or the JOHN REED App, as available. If canceled within five business days, you will be entitled to a refund of all moneys paid.

BY SIGNING BELOW, I ACKNOWLEDGE AND AGREE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, I AGREE TO ALL TERMS, AND I HAVE A RECEIVED A COPY. I FURTHER CONSENT TO USE OF AN ELECTRONIC SIGNATURE TO RECORD MY AGREEMENT TO THE TERMS.

1. GENERAL: You must be 18 years or older to join or use any JOHN REED facility. You have joined the location designated in this Agreement. JOHN REED may allow you to use other facilities at its sole discretion and reserves the right to add or eliminate available facilities. Hours of operation are set by JOHN REED and may be changed at any time in its sole discretion. Hours of operation, addresses, and major facilities/services offered can be found at https://us.johnreed.fitness/. JOHN REED is not required to continue any particular programs, facilities, services, equipment, fixtures or furniture as part of its contractual obligations and may discontinue or change such items in its sole discretion. The information on this Agreement is the property of JOHN REED and its subsidiaries. Membership does not confer on you any ownership interest in JOHN REED or its property. The products and services offered at JOHN REED are for members only. You must notify JOHN REED within a reasonable time after any change in your address.

2. RULES AND REGULATIONS: You acknowledge the existence of and the need for rules and regulations governing your membership and use of JOHN REED equipment and facilities, and participation in services (the “Rules and Regulations”). JOHN REED reserves the right to modify, amend or supplement the Rules and Regulations from time to time in its sole discretion, and you agree to comply with the Rules and Regulations in effect and as they may hereafter be modified, amended or supplemented. JOHN REED may cancel your membership (and any services or products purchased from JOHN REED) at any time, including for violations of applicable law or regulation, breach of the Rules and Regulations or generally undesirable, abusive, or offensive behavior (as determined by JOHN REED in its sole discretion) and you will not be entitled to a refund of any portion of dues paid to the date of cancellation. Your account must be current to access and use the gym. You are required to check-in each time you use the gym, and failure to do so is cause for termination of this Agreement.

3. POSTING OF PETITIONS, NOTICES, ETC.: The circulating or posting of a petition, notice, circular or statement of any kind is prohibited in or near JOHN REED facilities unless such a document is first

submitted and approved by the management of JOHN REED. We do not condone outside soliciting of any kind.

4. LIABILITY FOR PERSONAL PROPERTY: JOHN REED shall not be liable to you, your guests or invitees for any personal property that is damaged, lost or stolen while on or around JOHN REED premises or at an off-site services location including but not limited to, a vehicle or its contents or property left in a locker. You shall be liable to JOHN REED for any damage to JOHN REED facilities and any equipment, furniture or fixtures located thereon caused by you, your guests or invitees. JOHN REED does not hold personal property of any kind; any unclaimed items will be discarded.

5. PAYMENT DEFAULT: If you fail to pay any amount when due under this Agreement, JOHN REED shall be entitled, at any time in its sole discretion, to suspend or cancel your membership, and any services and products purchased by you and to require you to immediately pay all past due balances.  In addition, JOHN REED shall have the right to declare the entire remaining balance due and payable. Such suspension or cancellation shall not relieve you from the obligation to pay any unpaid balances. Any payments owing from you to JOHN REED that are not received when due shall bear interest at the highest rate permitted by law. To the fullest extent permissible by applicable law, if you fail to pay any amount to JOHN REED when due, you shall pay all costs of collection incurred by JOHN REED, including reasonable attorney’s fees and expenses.

6. HEALTH REPRESENTATIONS AND AGREEMENTS: You represent and warrant to JOHN REED that you are 18 years or older, in good physical condition and have no medical reason or impairment that could prevent you from your intended use of JOHN REED facilities, equipment, programs or services. You acknowledge that JOHN REED has not given you any medical advice before you joined JOHN REED and cannot give you any such advice after you join JOHN REED, whether related to your physical condition and ability to use the facilities, equipment, programs and services of JOHN REED or otherwise. You agree to discuss any health or medical concerns with your physician or other health professional prior to using JOHN REED’s facilities, equipment, programs, and services.

7. MISCELLANEOUS: (i) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (ii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by you without the prior written consent of JOHN REED, which consent may be withheld in JOHN REED’s absolute discretion, (iii) unless prohibited by applicable law, JOHN REED shall have the right to assign or transfer this Agreement without your consent and without prior notice to you, and (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.

8. AGREEMENT TO ARBITRATION AND WAIVER OF TRIAL BY JURY AND CLASS ACTION RIGHTS. This Agreement shall be governed by the internal laws of the State ofTexas without regard to principles of conflicts of laws. You agree that you knowingly and voluntarily waive your right to a trial by jury in any action or proceeding relating to any and all claims you may have against JOHN REED, its affiliates, parents, agents or any related parties. Any and all claims you may have against JOHN REED, its affiliates, parents, agents, or any related parties must be submitted on an individual basis to binding arbitration. The arbitration shall be administered by the American Arbitration Association or JAMS in front of a single arbitrator in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No claim can be submitted as a class, consolidated, collective or representative action.

9. CANCELLATION: Unless otherwise expressly provided in this Agreement or required by applicable law, you may not cancel this Agreement or your obligation to make the required payments during the Initial Term, and and package fees and prepaid amounts are non-refundable. After the Initial Term, you may cancel this Agreement and your obligation to make further payments by any of the actions listed below and notice provided to JOHN REED at least one day prior to the next billing cycle. At the expiration of the then-current billing cycle, this Agreement and all rights for you to access JOHN REED will terminate, and no further billings will occur. Packages and prepaid services are not cancelable and are non-refundable unless otherwise provided in this Agreement.

To cancel you must: (1) deliver written notice in person to the enrolling facility (2) send written notice to: ATTN: Memberships, GOLD’S GYM CALIFORNIA, LLC, DBA JOHN REED SANTA MONICA, 1202 Third Street Promenade, Santa Monica, CA 90401 or (3) email notice to SAMO@johnreed.fitness or (4) cancel through the JOHN REED member portal or through the JOHN REED App, as available. Notice shall be accompanied by evidence of membership. If mailed, certified mail return receipt requested is recommended. Subject to applicable law, your account must be current and in good standing before cancellation requests under this section will be processed. Failure to use facilities or services shall not provide a basis for cancellation or refund unless otherwise specified in the BUYER’S RIGHT TO CANCEL and Consumer Rights sections of this Agreement.

Termination by JOHN REED. JOHN REED reserves the right to terminate your membership for any reason not prohibited by law. In the event JOHN REED terminates your membership, you will be refunded any unused prepaid dues.

10. AUTHORITY TO MODIFY CONTRACT: Employees are not authorized to make any changes to this Agreement or to make any independent agreement with any member. You likewise cannot make alterations or changes to this Agreement.

11. PERSONAL AND GROUP TRAINING, FITNESS ASSESSMENT SERVICES, AND SUPPLEMENTS: An active JOHN REED membership is required for you to access JOHN REED equipment, facilities, and services. Cancellation of your membership will result in cancellation of any services as of the effective date of termination. You understand that all recommended exercises and services are voluntary and you can refuse to participate in any/all of the recommended exercises or services. All Personal Training and packages are non-transferable and non-refundable. JOHN REED reserves the right to provide substitute trainers/coaches at its sole discretion. JOHN REED does not recommend or sponsor supplements and use of any are at your discretion. Speak with a doctor concerning supplements prior to taking them. Cancellation Policies are available online at https://us.johnreed.fitness//. 24 hours’ notice of cancellation is required for Personal Training or the session will be forfeited. Personal Training sessions must be used before their expiration date. Sessions unused at expiration will be forfeited. You may cancel bookings for group fitness classes up to 3 hours prior to the start of class.  Out of respect for other members, if you no-show or fail to cancel within the cancellation window on 3 or more occasions, JOHN REED reserves the right to suspend your ability to book a spot in advance for a period of 2 weeks and during that time period limit you to walk-in availability only. JOHN REED may amend and update its cancellation policies at its discretion by posting updates online.

12. CONSENTS, WAIVERS OF LIABILITY, INDEMNIFICATION:

Explicit Music. You acknowledge that JOHN REED plays music with explicit lyrics and language, and your decision to join JOHN REED is completely voluntary. By signing the this Agreement, you consent to such music being played at the facility and agree to waive any action or complaints regarding such music or the contents thereof.

WAIVER OF LIABILITY: YOU ACKNOWLEDGE THAT THE USE OF JOHN REED’S FACILITIES (AND ANY ACTIVITIES CONDUCTED OUTSIDE THE FOUR WALLS OF THE GYM, INCLUDING BUT NOT LIMITED TO PARKING LOTS AND OTHER AREAS NEAR THE GYM, OR OFF-SITE), EQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS (INCLUDING DIGITAL FITNESS SERVICES, PERSONAL AND GROUP TRAINING, AND FITNESS ASSESSMENT SERVICES) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO YOU AND YOUR GUESTS AND INVITEES. YOU VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY TO YOU, YOUR SPOUSE, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVE ANY AND ALL CLAIMS OR ACTIONS THAT YOU MAY HAVE AGAINST JOHN REED, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF ANY EXERCISE EQUIPMENT, MACHINES, AND GROUP EXERCISE, PERSONAL TRAINING, OR DIGITAL FITNESS SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN EXERCISE ROOMS, COURTS, PARKS, PARKING GARAGES OR OTHER AREAS INSIDE OR OUTSIDE OF ANY JOHN REED, (III) INJURIES ARISING FROM JOHN REED’S NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM EXERCISING INSIDE OR OUTSIDE OF ANY JOHN REED, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; (V) ACCIDENTAL INJURIES WITHIN OR OUTSIDE OF ANY JOHN REED’S FACILITIES, INCLUDING LOCKER ROOMS, SAUNAS, RELAXATION ROOMS, SHOWERS, DRESSING ROOMS AND OFF-SITE LOCATIONS; AND (VI) INJURIES ARISING FROM DISCLOSURE, TRANSMISSION, STORAGE, OR USE OF FITNESS ASSESSMENT SERVICES INFORMATION AND DATA DERIVED THEREFROM. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ALSO WAIVE ALL CLAIMS AGAINST JOHN REED, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS YOU MAY HAVE UNDER ANY OF THE STATE’S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR MEMBERSHIP.

ASSUMPTION OF RISK AND INDEMNIFICATION (EQUIPMENT AND RETAIL PRODUCTS): You acknowledge that JOHN REED (i) does not manufacture fitness or other equipment at its facilities and (ii) does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities. Accordingly, neither JOHN REED nor any of its partners, parents, subsidiaries, or affiliates nor any of their respective officers, directors, employees, agents, successors or assigns (“Indemnified Parties”) shall be held liable for any such defective equipment or products. You shall indemnify the Indemnified Parties and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified Parties as and when incurred for any losses which such Indemnified Parties may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive termination of your membership and this Agreement.

Do not sign this Agreement until you have read all pages or if it contains blank spaces. The terms on all pages are a part of this Agreement. You are entitled to a completely filled-in copy of this Agreement. By signing this Agreement, you acknowledge that (A) this Agreement will become legally binding upon its acceptance by JOHN REED, and (B) JOHN REED makes no representations or warranties to you, either expressed or implied, except to the extent expressly set forth in this Agreement. This Agreement constitutes the entire agreement between you and JOHN REED with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect to such subject matter.

By providing your contact information and signing this Agreement, you consent to being contacted about your membership and account by JOHN REED, its agents and related parties at the phone number and email provided to us.

BY SIGNING BELOW, I ACKNOWLEDGE AND AGREE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, I AGREE TO ALL TERMS, AND I HAVE A RECEIVED A COPY. I FURTHER CONSENT TO USE OF AN ELECTRONIC SIGNATURE TO RECORD MY AGREEMENT TO THE TERMS