This agreement is a valid and binding contract between you, the Member, and Reality Fitness, LLC (referred to in this Agreement as "Reality Fitness"). The following are the terms of your agreement. There are additional terms on the reverse side of this Agreement.

*Provided that Member is not in default of this Agreement, the Member may renew this Agreement upon written notice any time prior to expiration for the monthly rate in effect at the time of expiration.

DEFAULT and LATE PAYMENTS: Should you default on any payment obligations as called for in the Agreement, Reality Fitness will have the right to declare the entire remaining balance due and payable, and you agree to pay allowable interest, and all costs of collection, including, but not limited to, collection agency fees, court costs and reasonable attorneys' fees. A default occurs when any payment due under this Agreement is more than ten (10) days late, including as a result of overdraft or insufficient funds or any other reason.

CONSUMER'S RIGHT TO CANCELLATION, YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THIS DATE. Notice of cancellation shall be in writing subscribed by you and mailed by registered or certified with return receipt requested United States Mail to Reality Fitness at 7575 Buckley Rd. Suite 118 Syracuse, NY 13212. Your notice must be accompanied by the membership card and any equipment issued to you. All monies paid pursuant to this contract shall be refunded within fifteen (15) business days of receipt of such notice of cancellation.

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1.MEMBERSHIP. Membership in Reality Fitness entitles you to use the facilities at Reality Fitness. Failure to attend and use the facilities at Reality Fitness does not relieve you of any liability for membership fees except as set forth in this Agreement.

2.TRANSFERS. No Member of Reality Fitness shall advertise or permit his membership to be advertised for sale or assignment. Memberships are not transferable or assignable without written permission from the President of Reality Fitness.

3.ADDITIONAL RIGHTS TO CANCELLATION AND OPT OUT: You may also cancel this contract for any of the following reasons:

(a)If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six (6) months.

(b)If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.

(c)If you move your residence more than twenty-five (25) miles from Reality Fitness.

(d)If the services cease to be offered as stated in the contract.

Upon meeting the above criteria, Reality Fitness must receive IN WRITING your notice of intent to cancel postmarked at feast thirty (30) days in advance. You will need to mail your notice by registered or certified with return receipt requested United State Mail to Membership Cancellation Desk, Reality Fitness at 7575 Buckley Rd. Suite 118, Syracuse, NY 13212. Reality Fitness requires reasonable evidence for cancellation pursuant to this paragraph. Upon receiving your request for cancellation you will have a 30 day opt out period where member will be liable for any payment(s) already scheduled within those 30 days and further provided that Reality Fitness may demand the reasonable cost of goods and services which you have consumed or wish to retain after cancellation of the contract. In no instance shall Reality Fitness demand more than the full contract price from you.

4.Membership Freeze/Hold Policy. Unlimited Memberships including Gym Access Only may be placed on hold for a minimum of 5 days and a maximum of up to 6 weeks during a 12-month unlimited membership or up to 12 weeks during a 24-month unlimited membership. During this time, any regularly scheduled payments WILL process, and members will be credited the frozen time to the end of this term. Hold/Freeze time will only be credited when this term is completed per the agreement. Should cancellation be requested, any frozen time is forfeited.

5.RETURNED CHECK CHARGE. Any actual fee charged Reality Fitness for returned checks or insufficient funds will be assessed against you.

6.USE OF FACILITIES BY MEMBERS. All Members must obtain a physical examination from their physician prior to exercising or using any exercise equipment. Members should obtain proper training in the use of all equipment, as any misuse is dangerous. Reality Fitness does not maintain Member's level of competency regarding any equipment or level of fitness. Member represents that he/she is in good physical condition and physically able to undertake any and all physical exercises he/she chooses to undertake.

7.PERSONAL PROPERTY. Reality Fitness and the agents and employees of Reality Fitness shall not be responsible for damaged, lost or stolen articles of clothing and other personal property of any Member.

8.CAPTIONS. All captions are included in this Agreement only for reference and convenience and are in no way intended to define, limit or describe any of the provisions of this Agreement.

9.SEPARATE PARTS. If any of the provisions of this Agreement are determined to be unenforceable, the remaining provisions of this agreement remain enforceable.

10.DELAY IN ENFORCEMENT. We can delay enforcing any of our rights under this Agreement without losing them.

11.MEDICAL RESULTS. Reality Fitness does not guarantee you any favorable medical results nor does it provide medical treatment. In signing this Agreement, you acknowledge that no such promises have been made to you by any representative of Reality Fitness.

12.LIABILITY. Reality Fitness shall not be liable for any claims, demands, injuries, damages, actions or causes of action to you or any property arising out of or in connection with the use of any of the Reality Fitness facilities or its premises unless and to the extent due to the negligence of Reality Fitness. Accidents must be reported immediately to Reality Fitness.

13.ENTIRE AGREEMENT. This Agreement constitutes your entire Agreement with Reality Fitness, Reality Fitness does not promise anything to you other than what is written in this Agreement. REALITY FITNESS MAKES NO WARRANTIES AND NO REPRESENTATIONS, EXPRESS OR IMPLIED OTHER THAN THOSE SET FORTH HEREIN, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

14.RULES AND REGULATIONS. Use of the facilities is subject to all rules and regulations issued by Reality Fitness and posted at Reality Fitness. Reality Fitness reserves the right to change or establish such rules and regulations at any time without notice. Membership may be cancelled or suspended immediately by Reality Fitness for violation of the rules and regulations including proper identification, adherence to facility reservation rules and health and sanitary rules. In such instance, no part of Member's payments shell be refunded and any unpaid balance due from Members' membership In Reality Fitness, shall, at the election of Reality Fitness, became immediately due and payable.

15.PHYSICAL DISABILITY. Reality Fitness does not guarantee that its facilities may be used by all individuals regardless of physical disability or limitation, nor does it agree to make alteration, additions or repairs to existing facilities in order to provide full use or access to Reality Fitness facilities or any of their components, regardless of physical disability or limitation. In signing this Agreement, Member acknowledges that no such promise has been made to you by any representative of Reality Fitness.

16.HOURS OF OPERATION. Reality Fitness reserves the right to vary or limit the hours of operation of the facilities based on demand, day of the week and seasonal considerations.

17.IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS. New York State law requires certain health clubs to have a bond or other form of financial security to protect members in the event the club closes. YOU MAY ASK A REPRESENTATIVE OF REALITY FITNESS FOR PROOF OF REALITY FITNESS COMPLIANCE, YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE DIVISION OF LICENSING SERVICES, 162 WASHINGTON AVENUE, ALBANY, NEW YORK 12231.

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LIABILITY WAIVER: I acknowledge that the Activities as mentioned in this Waiver and Release of Liability include but are not limited to all classes, workshops, programs, use of equipment and facilites, and activities (the "Activities") offered by Reality Fitness, LLC (the "Company") on the premises on which such activities are conducted, including but not limited to 7575 Buckley Road, North Syracuse, NY, 13212 (the "Premises").I acknowledge, understand and agree, on behalf of myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

1. ASSUMPTION OF RISK: To the fullest extend allowed by law, I hereby assume all risks of participating in all Activities, including but not limited to, any risks that may arise from the negligence or carelessness of Company, instructors, any subsidiaries, affiliates, directors, officers, employees, partners, contractors, agents, representatives, volunteers, members, managers, successors and assigns, as well as owners of the Premises and all affiliated parties thereof (collectively, the "Affiliated Persons"). I further agree and acknowledge that my participation in any and all Activities are done voluntarily and in acknowledgment of the potential risks involved.

2. PHYSICAL CONDITION/MEDICAL AUTHORIZATION: I acknowledge that the Activities require physical exertion and that I am physically and mentally fit to participate in such Activities and, as such, may be potentially hazardous and/or cause injury. I further agree that I am solely responsible for my emotional and physical wellbeing both during and after each Activity. I represent and warrant that I have made members of my care team, including my medical doctor and/or mental health professional, aware of my intended participation in the Activities and they have approved of the same. I further represent and warrant that I will adhere to my prescribed medication plan, if any. I further understand and acknowledge that it is my sole responsibility to consult with a physical or other health care provider prior to participating in such Activities and that the Company does not provide medical or healthcare advice and I have not relied upon any statements or actions by the Company regarding same. I represent and warrant that I am physically well and am suffering from no medical problems, conditions, impairments, diseases, or any other illness that would prevent my participation or increase my risk of injury and/or illness as a result of partaking in the Activities. In consideration for permitting me to engage in the Activities, I agree for myself, my representatives, administrators, executors, heirs and assigns as follows:a. At the beginning of each Activity, it is my sole responsibility to inform any instructor(s) of any injury or physical limitation, and to immediately inform any instructor(s) should any injury occur during class.b. I understand that physical adjustments may be made during class and I agree and acknowledge that it is my sole responsibility to refuse any adjustments and that an injury could occur by performing these adjustments and recommendations.c. I understand and agree that it is my sole responsibility to inform the instructor(s) should an adjustment become uncomfortable and/or is causing pain.I understand and acknowledge that the Activities are expressly not for the purpose of diagnosing, treating, mitigating, preventing or curing any mental or physical health condition.

3. RELEASE OF LIABILITY: I waive, release, discharge and otherwise hold harmless the Affiliated Parties from any and against any and all liabilities, claims, causes of action and losses including but not limited to death, disability, personal injury, mental harm, property damage, property theft or any other damage or actions of any kind which may arise from or in any way relate to my attendance at and/or participation in the Activities. This Waiver and Release of Liability includes but is not limited to, all injuries which may occurs as a result of: a. Use of any and all amenities and equipment belonging to either of the Company; b. Participation in any and all Activities; c. Any instructions, trainings, supervisions or physical recommendations made by the Company or the Affiliated Parties; d. Any physical adjustments received during any and all Activities; e. Any accidental injuries which may result from any condition on the Premises. I agree and acknowledge that the Affiliated Parties shall not be held liable for any property damage or loss of personal belongings during my participation in such Activities. I acknowledge and agree that the Affiliated Parties have made no warranties, representations or guarantees of any kind, expressed or implied, regarding the results that may be achieved, if any, from my participation in the Activities.

4. MEDIA RELEASE: I agree, consent, grant and authorize the Company to use any photography, video(s), and/or audio taken or recorded during any Activities, in whole or in part in connection with any advertisement or promotional products and or services, including print or web-based publications. I further grant the Company the right to publish, exhibit and distribute the use of such photographs, videos and/or audio, for any commercial purpose, including but not limited to the advertising or solicitation of business, by any means of mass and/or electronic media, including but not limited to print, digital, promotional materials, events and/or marketing plans, now or at any time in the future. I agree and claim no rights to any publications, photographs, videos, audio recordings, reproductions, or promotional tools, and all rights to such materials belong to the Company, and further waive the right to inspect or approve any such material.

5. DISPUTE RESOLUTION: Any dispute arising hereunder will be resolved via binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. The only remedy that can be awarded to me through arbitration is full refund of your payment made to date for the Activities. No other actions or financial awards of indirect, incidental, punitive, exemplary, special, consequential damages, or any other type of damages, may be granted to me. The decision of the arbitrator will be final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. Arbitration shall take place in Syracuse, NY and the prevailing party shall be entitled to all reasonable attorneys' fees and all costs necessary to enforce the decision of the arbitrator.

If any terms of this Liability Waiver are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

I ACKNOWLEDGE THAT I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND FULLY UNDERSTAND IT'S CONTENT. I AM AWARE THAT THIS IS A WAIVER AND RELEASE OF LIABILITY. I represent and warrant I am signing this document freely, willfully and not under fraud or duress, and understand its content and cannot be modified orally..