Membership Terms Summary

The following summary highlights the key terms applicable to Formula 3 Fitness memberships. Your specific membership term, pricing, payment schedule, and included benefits are identified in your Membership Purchase Agreement. In the event of any conflict between this summary, the Master Membership Agreement, and your Membership Purchase Agreement, your Membership Purchase Agreement shall control with respect to your selected membership.

Membership Terms

Formula 3 Fitness offers fixed-term memberships with Initial Terms of three (3), six (6), twelve (12), or twenty-four (24) months, as identified in the Member's Membership Purchase Agreement.

Membership Start Date

Membership begins on the date of purchase unless otherwise specified at the time of enrollment.

Billing Date

Recurring membership payments are processed on the same calendar day each month as the Membership Start Date, unless otherwise specified at the time of enrollment or adjusted to the nearest practicable business day for administrative processing.

Automatic Renewal

Membership dues are billed monthly throughout the Initial Term identified in the Member's Membership Purchase Agreement. Unless otherwise stated in the Member's Membership Purchase Agreement, upon completion of the Initial Term, the membership will automatically renew on a month-to-month basis at the Member's then-current monthly membership rate. To prevent automatic renewal, the Member must submit a valid cancellation request by email in accordance with Section 3.8 (Member Notices and Requests) of the Master Membership Agreement at least ten (10) business days before the next scheduled billing date.

Membership Suspension

Members whose Membership Purchase Agreement includes suspension privileges may request one (1) thirty (30) day membership suspension during each six (6) month period of active membership, subject to the eligibility requirements and procedures set forth in Section 3.10 (Suspension of Membership) of the Master Membership Agreement.

Reservations & Check-In

All workouts must be reserved in advance through the Formula 3 Fitness mobile app or another authorized reservation system. Advance reservations help maintain class capacity limits, ensure each Member has access to a designated workout station, and provide a safe, organized workout experience.

Facility Access (FitVision)

Availability of FitVision Anytime Access depends on the Member's selected membership. Members whose Membership Purchase Agreement includes FitVision Anytime Access may access participating Formula 3 Fitness studios during designated unattended operating hours using authorized access credentials. Facility access remains subject to all eligibility requirements, reservation procedures, safety policies, and operational rules contained in the Master Membership Agreement.

Member Notices

Membership cancellations, suspension requests, billing inquiries, payment method updates, account changes, and other membership-related requests must be submitted by email in accordance with Section 3.8 (Member Notices and Requests) of the Master Membership Agreement. Requests made verbally, in person, by telephone, voicemail, text message, social media, or through a coach or other staff member do not constitute valid notice and will not be accepted.

Members are encouraged to carefully review the complete Formula 3 Fitness Master Membership Agreement below, which governs all Formula 3 Fitness memberships.

FORMULA 3 FITNESS

MASTER MEMBERSHIP AGREEMENT

This Master Membership Agreement ("Agreement") is entered into between Formula 3 Fitness ("Formula 3," "we," "our," or "us") and the individual purchasing or using a Formula 3 membership ("Member," "you," or "your").

By purchasing a membership, electronically accepting this Agreement, signing this Agreement, accessing any Formula 3 Fitness facility, or participating in any Formula 3 program or service, you acknowledge that you have read, understand, and agree to be legally bound by the terms and conditions contained herein.

ARTICLE I: GENERAL TERMS

1.1 Introduction

Welcome to Formula 3 Fitness!

Formula 3 Fitness is committed to providing professionally designed fitness programs, coaching, technology-driven workout experiences, and facility access in a safe, motivating, and supportive environment.

This Agreement establishes the legal rights and responsibilities governing your membership, participation, billing, facility access, and use of all Formula 3 facilities, services, technology platforms, and programs.

This Agreement applies to all Formula 3 Fitness locations, future locations, licensed locations, affiliated businesses, successors, and permitted assigns unless otherwise stated in writing.

Membership with Formula 3 is a contractual agreement granting limited access rights to Formula 3 facilities and services subject to the terms contained herein.

By becoming a Member, you acknowledge that you have had the opportunity to review this Agreement before purchasing your membership and that you voluntarily accept all rights, obligations, and responsibilities contained herein.

1.2 Definitions

For purposes of this Agreement, the following definitions shall apply:

Agreement

"Agreement" means this Master Membership Agreement together with any membership plan, addendum, waiver, electronic acknowledgment, or written amendment executed by Formula 3 Fitness.

Membership Purchase Agreement

“Membership Purchase Agreement” means the enrollment agreement, purchase receipt, electronic checkout confirmation, online enrollment form, or other written or electronic document identifying the Member's selected membership, including the applicable pricing, payment schedule, membership term, renewal provisions, and included benefits.

Formula 3

"Formula 3" means Formula 3 Fitness, its parent company, affiliated entities, licensed operators, franchisees (if applicable), successors, assigns, officers, directors, owners, managers, employees, contractors, coaches, instructors, agents, volunteers, and authorized representatives.

Member

"Member" means any individual who purchases, uses, or is granted access to a Formula 3 membership, facility, service, or program.

Membership

"Membership" means the contractual license granting the Member access to designated Formula 3 facilities and services under the specific membership selected at the time of enrollment.

Membership is a personal, limited, revocable, non-transferable license and does not convey ownership rights or any guarantee of continued availability of specific services.

Initial Term

"Initial Term" means the original membership period identified in the Member's Membership Purchase Agreement before any automatic month-to-month renewal.

Facility

"Facility" means any Formula 3 Fitness location, studio, parking area, common area, outdoor training space, or any property owned, leased, licensed, franchised, operated, managed, or otherwise authorized by Formula 3.

Services

"Services" means the fitness programs, facilities, equipment, classes, coaching, workout programming, digital platforms, mobile applications, FitVision Anytime Access, heart rate monitoring, educational resources, special events, challenges, and any other products or services currently offered or made available by Formula 3 Fitness from time to time.

FitVision Anytime Access

"FitVision Anytime Access" means Formula 3's unattended or self-access workout system allowing Members to access designated facilities during approved hours without coaches or staff physically present.

Unattended Access

"Unattended Access" means any period during which Members are permitted to use the Facility without direct supervision by Formula 3 personnel.

Access Credentials

"Access Credentials" include, but are not limited to: any key tag, mobile credential, access card, biometric identifier, smartphone application, digital authorization, or future technology used to permit Member access to Formula 3 facilities.

1.3 Member Agreement

The Member voluntarily chooses to participate in Formula 3 Fitness programs and acknowledges that physical exercise, athletic activity, and the use of fitness equipment involve inherent risks.

The Member represents and agrees that:

• the Member understands the pricing, billing schedule, payment obligations, cancellation requirements, renewal provisions, and membership terms applicable to the selected membership;

• the Member voluntarily accepts all terms contained herein;

• the Member agrees to comply with all Formula 3 policies, procedures, operational rules, safety requirements, and facility regulations;

• the Member agrees to use Formula 3 facilities responsibly and in accordance with all posted instructions.

The Member understands and agrees that membership grants only the contractual right to access the facilities, services, and benefits included within the Member's selected membership plan. Membership does not guarantee the continued availability of any particular coach, instructor, employee, class schedule, class time, workout format, piece of equipment, technology platform, operating hours, facility layout, digital service, business model, or any other specific operational feature.

Formula 3 Fitness continually evaluates and improves its operations to enhance the Member experience and operate its business efficiently. Accordingly, Formula 3 reserves the right, at its sole discretion, to modify, add, remove, replace, relocate, automate, expand, reduce, suspend, or discontinue any aspect of its business operations, including its facilities, locations, operating hours, staffing, coaching assignments, class schedules, workout programming, workout formats, equipment, technology, reservation systems, digital platforms, amenities, membership offerings, pricing for future memberships, access methods, or any other operational component of the business. Such operational changes are an inherent part of Formula 3's business model and shall not constitute a breach of this Agreement or relieve the Member of any financial obligations under this Agreement.

The Member acknowledges that membership dues are paid in exchange for membership privileges and facility access, not for the continued availability of any particular employee, coach, service, schedule, technology platform, or operational structure.

Nothing contained in this Agreement shall be interpreted as creating an employer-employee relationship, partnership, joint venture, or ownership interest between the Member and Formula 3 Fitness.

The Member acknowledges that this Agreement constitutes a legally binding contract and agrees to comply with all provisions contained herein as a condition of continued membership.

ARTICLE II: HEALTH & ASSUMPTION OF RISK

2.1 Health & Medical Acknowledgment

The Member acknowledges that participation in physical exercise, fitness training, athletic activities, and the use of fitness equipment requires a reasonable level of physical health and may not be appropriate for every individual.

The Member represents and warrants that: they are physically capable of participating in exercise activities; they have no medical condition that would make participation unsafe unless approved by a licensed physician; they voluntarily choose to participate despite the inherent risks associated with physical activity.

Formula 3 Fitness strongly recommends that all Members consult with a licensed physician before beginning any exercise program, particularly if they have a history of: heart disease; high blood pressure; respiratory disorders; diabetes; orthopedic injuries; pregnancy; recent surgery; neurological disorders; or any other condition that may affect safe participation.

The Member acknowledges that information, coaching, demonstrations, recommendations, and exercise instruction provided by Formula 3 are for general fitness purposes only and are not intended as medical advice, diagnosis, or treatment.

The Member agrees to immediately discontinue exercise and seek appropriate medical attention if they experience: chest pain; dizziness; fainting; unusual shortness of breath; severe pain; loss of balance; confusion; or any other symptom suggesting that continued exercise may be unsafe.

Members agree not to use Formula 3 facilities while knowingly suffering from: a contagious illness; an infectious disease that may reasonably expose others to illness; open or draining wounds that cannot be properly covered; any condition for which exercise has been medically restricted.

Formula 3 reserves the right to refuse participation or suspend facility access if it reasonably believes a Member's participation presents a significant health or safety risk to themselves or others.

2.2 Assumption of Risk

The Member understands and voluntarily acknowledges that participation in physical exercise, fitness training, athletic activities, and the use of Formula 3 Fitness facilities, equipment, and services involves inherent risks that cannot be completely eliminated, even when reasonable care is exercised. The Member knowingly and voluntarily assumes all risks associated with participation, whether known or unknown, foreseeable or unforeseeable.

Such risks include, but are not limited to, muscle strains, sprains, ligament and tendon injuries, fractures, slips, trips, falls, collisions with equipment or other participants, overexertion, dehydration, heat-related illness, equipment malfunction, improper use of equipment, cardiovascular events, stroke, allergic reactions, exposure to communicable illnesses, permanent disability, and death.

The Member further acknowledges that participation may involve the use of barbells, dumbbells, resistance bands, suspension trainers, battle ropes, medicine balls, plyometric equipment, cardio equipment, functional training equipment, strength training equipment, flooring surfaces, recovery equipment, and other exercise equipment or training methods currently used or introduced by Formula 3 Fitness in the future. The Member understands that each of these activities and equipment carries its own inherent risks and voluntarily assumes all such risks.

The Member further acknowledges that participation during FitVision Anytime Access or any other period of unattended facility access involves additional risks because coaches, staff, or emergency assistance may not be immediately available to provide instruction, supervision, spotting, or medical assistance. By participating during unattended access, the Member voluntarily accepts these additional risks.

The Member expressly assumes full responsibility for all risks of injury, illness, property damage, disability, or death arising from participation in Formula 3 Fitness activities or use of Formula 3 facilities and acknowledges that such assumption of risk is a material condition of membership under this Agreement.

2.3 Release of Liability & Indemnification

To the fullest extent permitted by applicable law, the Member voluntarily releases, waives, discharges, and covenants not to sue Formula 3 Fitness, including its parent company, affiliated entities, licensed operators, successors, assigns, owners, officers, directors, managers, employees, coaches, instructors, contractors, agents, volunteers, and representatives (collectively, the "Released Parties"), from and against any and all claims, demands, causes of action, liabilities, losses, damages, costs, expenses, or judgments arising out of or relating to the Member's participation in Formula 3 programs, use of Formula 3 facilities or equipment, participation in coached classes, FitVision Anytime Access, unattended facility access, digital or virtual programming, use of parking areas or common areas, or any other activity conducted by or through Formula 3 Fitness.

This release applies to all claims for personal injury, illness, disease, property damage, financial loss, disability, wrongful death, or any other loss or damage arising from the Member's participation or use of Formula 3 facilities or services, except to the extent such claims are determined by a court of competent jurisdiction to have resulted directly from the gross negligence or willful misconduct of Formula 3 Fitness where such liability cannot legally be waived.

The Member further agrees to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorney's fees where permitted by law, arising from or relating to the Member's negligent or intentional acts, violation of this Agreement, misuse of Formula 3 facilities or equipment, unauthorized sharing of access credentials, damage caused by the Member or the Member's guests, or any claim brought by or on behalf of the Member's guests arising from the Member's actions.

The provisions of this Section shall survive the expiration, suspension, cancellation, or termination of the Member's membership and shall remain enforceable to the fullest extent permitted by law.

2.4 Emergency Medical Authorization

The Member acknowledges and understands that Formula 3 Fitness is not a medical facility and that its owners, employees, coaches, instructors, contractors, and representatives are not medical professionals and are not responsible for providing medical diagnosis, treatment, or emergency medical care.

In the event that the Member becomes ill, injured, unconscious, or otherwise requires emergency medical assistance while participating in any Formula 3 activity or while on Formula 3 property, the Member authorizes Formula 3 to take reasonable action to protect the Member's health and safety. Such action may include contacting emergency medical services (911), notifying the Member's designated emergency contact, providing reasonable assistance until emergency responders arrive, or taking any other action reasonably believed to be appropriate under the circumstances.

The Member understands and agrees that Formula 3 does not guarantee the availability, response time, or quality of emergency medical services and is not responsible for delays in emergency response or medical treatment.

The Member accepts full responsibility for all medical expenses, ambulance transportation, hospital charges, physician fees, rehabilitation expenses, prescription costs, and any other medical or related expenses arising from illness, injury, or other medical conditions that occur while participating in Formula 3 activities or while using Formula 3 facilities.

The Member agrees that Formula 3 and its Released Parties shall not be liable for any decisions made or actions taken in good faith during an actual or perceived medical emergency, except to the extent such liability results from gross negligence or willful misconduct where such liability cannot legally be waived.

The Member further agrees to maintain accurate and current emergency contact information with Formula 3 Fitness and to promptly notify Formula 3 of any changes to such information.

ARTICLE III: MEMBERSHIP TERMS & BILLING

3.1 Membership

Membership with Formula 3 Fitness is a personal, limited, revocable, non-transferable license granting the Member access to designated Formula 3 facilities, services, and membership privileges in accordance with this Agreement and the Membership Purchase Agreement selected at the time of enrollment.

Membership begins on the date of purchase unless otherwise specified in writing.

Each membership is a separate contractual agreement with its own pricing, benefits, term, and billing schedule.

Membership privileges may not be: transferred; assigned; sold; shared; loaned; sublicensed; or otherwise used by any person other than the Member.

Formula 3 reserves the right to verify Member identity at any time.

Membership grants access only to the facilities, programs, and services included within the Member's selected Membership Purchase Agreement.

Certain services, specialty programs, events, retail products, challenges, personal coaching, body composition assessments, or future offerings may require additional fees.

Formula 3 reserves the right to introduce new membership options, benefits, pricing structures, or services at any time. Such changes shall apply prospectively and shall not alter an existing membership contract except as expressly permitted under this Agreement.

3.2 Membership Purchase Agreements

Formula 3 Fitness may offer one or more Membership Purchase Agreements, each establishing the pricing, payment schedule, membership term, renewal provisions, included benefits, and other applicable conditions applicable to the Member's selected membership.

The Member acknowledges that the specific membership selected during enrollment, including its pricing, term, benefits, and applicable conditions, is incorporated into this Agreement by reference.

If any conflict exists between this Agreement and the written terms of the specific membership purchased, the written Membership Purchase Agreement shall control solely with respect to that membership's pricing, duration, and included benefits.

3.3 Membership Access

Membership grants the Member the contractual right to access the Formula 3 Fitness facilities, programs, services, and membership benefits included in the Member's selected Membership Purchase Agreement, subject to the terms of this Agreement and all applicable Formula 3 policies and procedures.

Membership does not guarantee admission to every class or program, the availability of any particular coach, instructor, workout time, equipment, technology platform, facility amenity, or membership benefit, nor does it guarantee uninterrupted access to facilities or services during temporary closures, maintenance, repairs, emergencies, or other operational interruptions.

Formula 3 may require advance reservations for classes, programs, or services and reserves the right, in its sole discretion, to establish, modify, or discontinue reservation requirements, class capacities, waitlists, scheduling procedures, check-in requirements, attendance policies, cancellation policies, operating hours, access procedures, and other operational practices as reasonably necessary for the safe and efficient operation of its business. Such operational changes shall not constitute a breach of this Agreement or entitle the Member to any refund, credit, or reduction in membership fees.

3.4 Billing Authorization

By executing this Agreement, the Member authorizes Formula 3 Fitness to charge the payment method provided for all amounts due under this Agreement and the Member's selected Membership Purchase Agreement, including, but not limited to, membership dues, enrollment fees, prorated dues, approved retail purchases, specialty programs, events, body composition scans, applicable taxes, late fees, returned payment fees, chargeback fees, outstanding balances, and any other charges authorized by the Member or permitted under this Agreement. 

The Member authorizes Formula 3 Fitness to process recurring charges until the membership is properly canceled in accordance with this Agreement.

The Member agrees to maintain a current, valid payment method throughout the duration of the membership and authorizes Formula 3 to update billing information when permitted by the Member's financial institution or payment processor. Failure to maintain valid payment information, the expiration of a payment method, or the failure of any authorized payment shall not relieve the Member of any payment obligations under this Agreement.

3.5 Billing Responsibilities

Membership dues are paid in exchange for membership privileges and facility access—not actual attendance or facility usage.

Failure to attend workouts, temporary inactivity, illness, vacations, scheduling conflicts, dissatisfaction, relocation within the service area, or any other reduction in facility usage does not suspend payment obligations.

Members remain responsible for all payments due under their membership agreement unless membership is properly terminated in accordance with this Agreement.

3.6 Member Information

Members agree to promptly notify Formula 3 of any changes to:

• legal name;

• mailing address;

• email address;

• telephone number;

• emergency contact information;

• payment method;

• billing information.

Formula 3 shall not be responsible for missed notices resulting from outdated contact information provided by the Member.

3.7 Billing Administration

Formula 3 reserves the right to reasonably modify administrative billing procedures when necessary, including: billing dates; draft dates; prorated billing calculations; payment processors; billing software; accounting procedures; administrative payment processes.

Such administrative changes shall not modify the Member's contractual pricing or membership term.

3.8 Member Notices and Requests

Unless otherwise expressly provided in this Agreement, all Member requests, notices, updates, changes, documentation, or other communications relating to the Member's account or membership must be submitted by email to office@formula3.fit.

This requirement includes, without limitation, requests regarding membership cancellations, membership suspensions or freezes, early termination requests, billing inquiries or billing changes, updates to Member information, and any other request requiring action by Formula 3 Fitness regarding the Member's account.

Requests or notices submitted verbally, in person, by telephone, voicemail, text message, social media, through a coach, employee, contractor, or other representative of Formula 3 Fitness, or by any method other than email to office@formula3.fit shall not constitute valid notice and will not be accepted.

Formula 3 Fitness may designate a different notice email address by providing written notice to Members.

3.9 Automatic Renewal

Unless otherwise stated in the Member's selected membership plan or prohibited by applicable law, memberships automatically renew upon expiration of the Initial Term.

Following renewal, membership shall continue on a month-to-month basis at the Member's then-current membership rate unless otherwise provided in writing.

To prevent automatic renewal, the Member must provide valid notice of cancellation in accordance with Section 3.8 (Member Notices) at least ten (10) business days before the next scheduled billing date.

Failure to provide timely and valid notice of cancellation shall result in the membership renewing in accordance with this Agreement.

3.10 Suspension of Membership

Eligible Members may request a temporary suspension of membership in accordance with Formula 3 Fitness's published suspension policy.

Unless otherwise approved in writing:

• suspension requests must be submitted in accordance with Section 3.8 (Member Notices);

• suspension requests must be received at least seventy-two (72) hours before the Member's next scheduled billing date;

• each suspension shall be for thirty (30) consecutive days; and

• Members whose Membership Purchase Agreement includes suspension privileges are generally eligible for one (1) suspension during each six-month period of active membership unless otherwise approved by Formula 3 Fitness.

During an approved suspension:

• membership access will be temporarily paused;

• billing will be adjusted in accordance with Formula 3 Fitness's suspension policy; and

• membership will automatically resume upon expiration of the approved suspension period unless otherwise approved in writing by Formula 3 Fitness.

Medical suspensions, military deployments, pregnancy, or other exceptional circumstances may be approved at the sole discretion of Formula 3 Fitness upon receipt of appropriate supporting documentation.

3.11 Early Termination of Fixed-Term Memberships

Members who purchase a fixed-term membership agree to fulfill all financial obligations associated with the selected membership for the entire Initial Term.

Requests for early termination must be submitted in accordance with Section 3.8 (Member Notices) together with any required supporting documentation.

A Member may request early termination of a fixed-term membership without an early termination fee only under one of the following circumstances, provided satisfactory supporting documentation is submitted:

Permanent Relocation. The Member permanently relocates fifty (50) miles or more from the nearest Formula 3 Fitness location and provides reasonable documentation of the relocation.

Military Deployment. The Member is deployed for active military service and provides official military deployment documentation.

Permanent Medical Disability. The Member becomes medically unable to participate in exercise activities for a period reasonably expected to exceed twelve (12) consecutive months and provides written certification from a licensed Medical Doctor (M.D.) or Doctor of Osteopathic Medicine (D.O.).

Any request for early termination that does not qualify under one of the circumstances above, or is not otherwise required by applicable law, may be approved by Formula 3 Fitness upon payment of an early termination fee equal to fifty percent (50%) of all remaining membership dues owed through the end of the Initial Term.

Formula 3 Fitness reserves the right, in its sole discretion, to request additional documentation, approve or deny any early termination request, or waive all or any portion of the early termination fee.

3.12 Delinquent Accounts

The Member remains responsible for the timely payment of all amounts due under this Agreement and the Member's Membership Purchase Agreement. Any account that becomes past due or otherwise delinquent may, at Formula 3 Fitness's sole discretion and to the fullest extent permitted by applicable law, result in the suspension of membership privileges, suspension of facility access, assessment of applicable late payment or returned payment fees, recovery of administrative and collection costs, referral to a third-party collection agency, and/or legal action to recover amounts owed. The Member agrees to reimburse Formula 3 Fitness for all reasonable costs incurred in collecting delinquent amounts where permitted by law. Acceptance of a partial payment shall not constitute satisfaction of the outstanding balance, a waiver of any default, or a modification of the Member's payment obligations unless expressly agreed to by Formula 3 Fitness in a written agreement signed by an authorized representative.

3.13 Chargebacks & Returned Payments

If any payment is declined, returned, reversed, or otherwise fails for any reason, the Member remains responsible for all amounts due under this Agreement. Formula 3 Fitness may assess applicable returned payment or chargeback fees, suspend membership privileges, and pursue collection of all outstanding balances and associated costs to the fullest extent permitted by law.

The Member agrees not to initiate a chargeback or payment dispute for any valid charge authorized under this Agreement or the Member's Membership Purchase Agreement. Initiating a chargeback or payment dispute shall not relieve the Member of any payment obligations, and Formula 3 Fitness reserves the right to recover the original balance, applicable fees, administrative costs, collection expenses, and reasonable attorney's fees where permitted by law.

3.14 Electronic Communications

The Member consents to receive communications from Formula 3 by: email; text message; telephone; mobile application notifications; other electronic means.

Communications may include: membership information; billing notices; payment confirmations; appointment reminders; facility updates; security notifications; operational changes; policy revisions; other account-related communications. Electronic notices shall be deemed delivered when transmitted to the most recent contact information provided by the Member.

Members may opt out of promotional marketing communications where permitted by law; however, Formula 3 may continue sending transactional or legally required communications relating to the Member's account.

Members are responsible for maintaining current contact information and ensuring Formula 3 communications are not blocked by spam filters, carrier settings, or other communication restrictions.

ARTICLE IV: FACILITY ACCESS, OPERATIONS & MEMBER RESPONSIBILITIES

4.1 Facility Rules

Members agree to comply with all posted policies, facility rules, safety requirements, operational procedures, and reasonable instructions communicated by Formula 3 Fitness through facility signage, Formula 3 personnel, or any other official Formula 3 communication. Members are expected to wear appropriate athletic clothing and closed-toe athletic footwear, maintain appropriate personal hygiene, use equipment only for its intended purpose, wipe down equipment after use, return equipment to its designated location, promptly report any damaged or malfunctioning equipment, and conduct themselves in a manner that promotes a safe, clean, and respectful environment for all Members and staff.

Formula 3 Fitness reserves the right to establish, modify, interpret, and enforce facility rules, operational procedures, and safety requirements at any time as reasonably necessary for the safe, efficient, and effective operation of its facilities. The Member agrees to comply with all such rules and acknowledges that failure to do so may result in suspension or termination of membership in accordance with this Agreement.

4.2 Member Conduct

Formula 3 Fitness is committed to providing a safe, respectful, inclusive, and welcoming environment for all Members, guests, coaches, staff, contractors, and visitors. The Member agrees to conduct themselves in a courteous, professional, and respectful manner at all times while using Formula 3 facilities or participating in any Formula 3 program or activity.

The Member shall not engage in any conduct that interferes with the safety, enjoyment, or operation of Formula 3 Fitness, including, but not limited to, harassment, discrimination, threatening or intimidating behavior, abusive or offensive language, violence, reckless conduct, theft, vandalism, possession or use of illegal drugs, possession of prohibited weapons, intentional misuse of equipment, disruptive behavior, unauthorized entry into restricted areas, or any other conduct that, in the reasonable judgment of Formula 3 Fitness, jeopardizes the safety, security, reputation, or operations of the business.

Formula 3 Fitness reserves the right to investigate any alleged violation of this Section and may suspend or terminate the Member's access or membership, without refund, if it determines that the Member has violated this Agreement or engaged in conduct that is inconsistent with the safety, security, or best interests of Formula 3 Fitness or its Members.

4.3 Class Reservations & Attendance

Formula 3 Fitness may require advance reservations for classes, programs, services, or facility access. To promote a safe, organized, and efficient member experience, Formula 3 reserves the right, in its sole discretion, to establish, modify, interpret, and enforce reservation procedures, class capacities, waitlists, attendance requirements, cancellation deadlines, check-in procedures, booking privileges, late arrival policies, and other scheduling or operational requirements at any time.

Members are responsible for complying with all applicable reservation and attendance policies. Formula 3 Fitness reserves the right to deny participation to any Member who arrives after the scheduled start time or fails to comply with applicable check-in or attendance procedures whenever necessary to protect participant safety, preserve the quality of the workout experience, maintain the class schedule, or minimize disruption to other Members.

4.4 No-Show & Late Cancellation Policy

Members are expected to cancel reserved workouts in accordance with Formula 3 Fitness's published attendance policies.

A Member who fails to cancel a reservation within the required cancellation window or fails to attend a reserved workout without canceling may be assessed a Five Dollar ($5.00) no-show or late cancellation fee for each occurrence, unless otherwise determined by Formula 3 Fitness.

Repeated missed reservations, excessive late cancellations, or abuse of booking privileges may result in temporary suspension of reservation privileges or other disciplinary action.

Formula 3 Fitness reserves the right to revise its attendance policies and applicable fees upon reasonable notice to Members.

4.5 Equipment Use

Members agree to inspect equipment before each use.

Equipment believed to be damaged, defective, or unsafe shall not be used.

Members shall immediately notify Formula 3 of damaged equipment.

Members shall not: modify equipment; repair equipment; remove equipment from the Facility; intentionally misuse equipment.

Members are financially responsible for damage caused by negligent or intentional misuse of equipment by themselves or their guests.

4.6 Personal Responsibility During Exercise

Members are solely responsible for selecting appropriate resistance levels, workout intensity, exercise modifications, and recovery periods appropriate for their own abilities.

Members choosing to perform exercises beyond coach instruction or outside programmed workouts do so entirely at their own risk.

4.7 FitVision Anytime Access

Certain membership plans may include access to Formula 3 Fitness facilities during designated FitVision Anytime Access hours when the facility operates without coaches or staff present. By using the facility during unattended access hours, the Member acknowledges and understands that no Formula 3 employee may be on-site, emergency assistance may not be immediately available, and the Member is solely responsible for exercising safely and within their own physical abilities.

The Member agrees to use all equipment responsibly, avoid attempting exercises or lifts that cannot be performed safely without appropriate supervision or a spotter, promptly report any damaged or malfunctioning equipment, and immediately contact emergency medical services (911) before contacting Formula 3 Fitness in the event of an emergency.

Formula 3 Fitness reserves the right to establish, modify, suspend, restrict, or discontinue FitVision Anytime Access, including access hours, eligibility requirements, operating procedures, and access privileges, at any time as reasonably necessary for the safety of Members or the operation of its business.

4.8 Access Credentials

Any key fob, mobile application, access code, digital credential, or other access device or method provided by Formula 3 Fitness (collectively, "Access Credentials") remains the exclusive property of Formula 3 Fitness and is licensed solely for the personal use of the Member to whom it is issued. The Member shall not share, loan, duplicate, transfer, sell, or otherwise permit any unauthorized person to use their Access Credentials for any reason.

The Member agrees to immediately notify Formula 3 Fitness if any Access Credentials are lost, stolen, compromised, or otherwise no longer secure. Until Formula 3 Fitness receives such notice and has a reasonable opportunity to deactivate or replace the Access Credentials, the Member remains responsible for all activity occurring through the assigned Access Credentials.

Members shall not permit any unauthorized individual to enter the facility by allowing another person to follow them through a secured entrance, opening a secured entrance for another person, sharing access credentials, or otherwise providing facility access without the prior authorization of Formula 3 Fitness.

Unauthorized use or sharing of Access Credentials constitutes a material breach of this Agreement and may result in the immediate suspension or termination of membership, without refund, in addition to any other remedies available to Formula 3 Fitness under this Agreement or applicable law.

4.9 Guests

Guests are permitted to enter Formula 3 Fitness facilities only if they have been pre-registered and their visit has been expressly approved by Formula 3 Fitness in advance. Members may not bring, admit, or provide facility access to any guest without such prior approval.

Guests are not permitted during unattended or self-service operating hours unless Formula 3 Fitness has expressly authorized the guest's visit in advance and the guest has been properly registered and confirmed.

Members are fully responsible for the conduct, safety, and actions of their guests while on Formula 3 Fitness property and shall be responsible for any damage or violations of this Agreement caused by their guests.

Guest access is a revocable privilege and not a membership benefit unless expressly included within the Member's Membership Purchase Agreement or otherwise approved by Formula 3 Fitness. Formula 3 Fitness reserves the right to approve, deny, limit, or revoke guest privileges at its sole discretion. 

4.10 Photography, Recording & Media

Formula 3 may photograph or record activities occurring within its facilities for: marketing; education; promotional materials; operational purposes; staff training; security.

Members may submit a written request to opt out of marketing photography.

Formula 3 will use commercially reasonable efforts to honor such requests; however, incidental appearances in group photographs, background images, or security recordings may still occur.

Members shall not photograph, record, livestream, or otherwise capture images of other Members without their consent.

4.11 Video Surveillance

Formula 3 facilities may utilize security cameras, electronic monitoring systems, access logs, alarm systems, and video surveillance for safety, security, quality assurance, and operational purposes.

By entering the Facility, Members acknowledge and consent to such monitoring where permitted by law.

4.12 Personal Property

Members are solely responsible for their personal belongings.

Formula 3 shall not be responsible for loss, theft, or damage to personal property brought onto Formula 3 premises.

4.13 Children & Minors

Unless participating in an authorized Formula 3 Fitness youth program or otherwise specifically approved by Formula 3 Fitness, children under thirteen (13) years of age are not permitted on the training floor or within designated workout areas at any time. Children who are not participating in an authorized Formula 3 Fitness program may not be left unattended anywhere within the Facility.

Members and guests who are thirteen (13) through seventeen (17) years of age may use the training floor only while accompanied and directly supervised by a parent, legal guardian, or other responsible adult approved by Formula 3 Fitness, unless they are participating in an authorized Formula 3 youth program or another supervised activity conducted by Formula 3.

Parents and legal guardians remain solely responsible for the supervision, conduct, and safety of any minor permitted on Formula 3 Fitness property and are responsible for ensuring compliance with all facility rules and this Agreement.

4.14 Compliance With Laws

Members agree to comply with all applicable federal, state, and local laws while using Formula 3 facilities.

Illegal conduct may result in immediate termination of membership and notification of appropriate authorities.

ARTICLE V: GENERAL LEGAL PROVISIONS

5.1 Merchandise, Programs & Retail Purchases

Except as otherwise required by applicable law or expressly stated in writing by Formula 3 Fitness, all membership fees, enrollment fees, specialty program fees, event registrations, digital products, and other purchases made through Formula 3 Fitness are final and non-refundable. Specialty program fees become non-refundable upon the commencement of the applicable program.

Retail merchandise may be returned or exchanged only in accordance with Formula 3 Fitness's then-current published return policy. Formula 3 Fitness reserves the right to modify its return and exchange policies from time to time, provided such changes do not affect purchases made prior to the effective date of the revised policy.

5.2 No Guarantee of Results

The Member acknowledges and agrees that individual fitness, health, and wellness outcomes vary significantly based on numerous factors beyond the control of Formula 3 Fitness, including but not limited to age, genetics, medical history, nutrition, lifestyle, consistency of participation, effort, and adherence to recommended exercise and wellness practices. Accordingly, Formula 3 Fitness makes no representation, warranty, or guarantee regarding any specific results, including, but not limited to, weight loss, body composition changes, strength gains, athletic performance, medical or health improvements, physical fitness achievements, or aesthetic outcomes. The Member understands that participation in Formula 3 programs does not guarantee the achievement of any particular fitness or health objective.

5.3 Temporary Closures

Formula 3 Fitness may temporarily close all or any portion of a facility, suspend access to certain equipment, amenities, workout areas, programs, or services, or modify operating hours as reasonably necessary for maintenance, repairs, renovations, equipment replacement, weather conditions, emergencies, staffing shortages, governmental orders, public health concerns, special events, or other operational or business needs. The temporary closure or interruption of any portion of a facility, program, service, or amenity shall not be deemed a closure of the entire facility and shall not constitute a breach of this Agreement or entitle the Member to any refund, credit, extension of membership, or reduction in membership fees, except as otherwise required by applicable law.

5.4 Force Majeure

Formula 3 shall not be liable for delays, interruptions, closures, or inability to provide services resulting from events beyond its reasonable control, including but not limited to natural disasters, severe weather, pandemics, government action, labor shortages, utility failures, technology failures, acts of God, civil disturbances, or similar events.

Formula 3 may temporarily modify operations or services during such events without liability. Formula 3 may also suspend or modify membership benefits during such events without such suspension constituting a breach of this Agreement.

5.5 Business Transfers

Formula 3 reserves the right to sell, assign, transfer, merge, reorganize, license, sublicense, franchise, relocate, delegate operations, convert ownership structure or otherwise transfer ownership or operation of all or any portion of its business.

This Agreement shall remain binding upon any successor, purchaser, assignee, licensed operator, or other permitted transferee to the fullest extent permitted by law.

5.6 Right to Suspend or Terminate Membership

Formula 3 Fitness reserves the right, in its sole discretion and to the fullest extent permitted by applicable law, to suspend, revoke, refuse, or terminate a Member's access or membership at any time for violation of this Agreement or any published facility policy, non-payment of amounts due, unsafe or disruptive conduct, harassment, criminal activity, repeated policy violations, misuse or unauthorized sharing of access credentials, or any conduct that, in the reasonable judgment of Formula 3 Fitness, threatens the safety, security, reputation, property, Members, staff, or operations of Formula 3 Fitness.

Formula 3 Fitness may take such action immediately whenever it determines that doing so is reasonably necessary to protect its Members, staff, facilities, or business operations. Unless otherwise required by applicable law or expressly provided elsewhere in this Agreement, any suspension, revocation, refusal, or termination of membership under this Section shall not entitle the Member to any refund, credit, extension of membership, or reduction in membership fees.

5.7 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

5.8 Dispute Resolution

Before commencing legal proceedings, the parties agree to make a good-faith effort to resolve any dispute arising out of or relating to this Agreement through informal discussions. Nothing in this Section limits Formula 3 Fitness's right to pursue collection actions, seek injunctive relief, or exercise any other remedy available under applicable law.

In any legal action, arbitration, mediation, or other proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, court costs, arbitration or mediation fees, and other recoverable litigation expenses to the fullest extent permitted by applicable law.

5.9 Severability

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Any invalid provision shall be modified only to the extent necessary to make it enforceable while preserving its original intent whenever possible.

This Agreement is solely for the benefit of Formula 3 Fitness and the Member and does not create any rights or remedies in favor of any third party except where expressly provided herein.

5.10 Waiver

Failure by Formula 3 to enforce any provision of this Agreement shall not constitute a waiver of that provision or any future enforcement.

Any waiver must be in writing and signed by an authorized representative of Formula 3.

5.11 Electronic Signatures

Electronic signatures, digital acknowledgments, online acceptance, and electronic records shall have the same legal force and effect as original handwritten signatures.

A copy of this Agreement maintained electronically by Formula 3 shall be deemed an original.

5.12 Entire Agreement

This Master Membership Agreement, together with the Member's applicable Membership Purchase Agreement and any written addenda or amendments executed by Formula 3 Fitness, constitutes the complete, final, and exclusive agreement between the parties with respect to the Member's membership and supersedes all prior or contemporaneous discussions, negotiations, representations, understandings, advertisements, promotional materials, or agreements, whether oral or written, relating to the subject matter of this Agreement.

In the event of any inconsistency between this Master Membership Agreement and any brochure, advertisement, website content, promotional material, social media content, email communication, or verbal statement, this Master Membership Agreement shall control. If any inconsistency exists between this Master Membership Agreement and the Member's applicable Membership Purchase Agreement, the Membership Purchase Agreement shall control solely with respect to the Member's selected membership, pricing, payment schedule, membership term, renewal provisions, and included membership benefits. In all other respects, this Master Membership Agreement shall govern.

No waiver, amendment, modification, or representation shall be effective unless contained in a written document or electronic record authorized by Formula 3 Fitness, except as otherwise required by applicable law.

Formula 3 Fitness may amend this Agreement from time to time to comply with changes in applicable law, operational requirements, or business practices. No amendment shall retroactively modify the Member's agreed-upon pricing, Initial Term, or other vested contractual rights unless required by law or agreed to in writing by the Member. Material amendments affecting existing Members shall become effective upon reasonable notice to the Member unless otherwise prohibited by applicable law.

The provisions relating to payment obligations, assumption of risk, release of liability, indemnification, dispute resolution, attorney's fees, confidentiality (if applicable), and any other provisions that by their nature are intended to survive shall survive the expiration, cancellation, suspension, or termination of this Agreement.

5.13 Member Acknowledgment

By purchasing a Membership and electronically signing this Agreement, the Member acknowledges and agrees that they have received, read, understand, and agree to be bound by both the Membership Purchase Agreement and the Formula 3 Fitness Master Membership Agreement. The Member further acknowledges that the Membership Purchase Agreement and the Formula 3 Fitness Master Membership Agreement together constitute the complete agreement governing the Member's membership.

The Member further acknowledges and represents that they:

• have carefully read both agreements in their entirety;

• understand the terms and conditions governing their membership;

• have had the opportunity to ask questions before enrolling;

• understand the pricing, payment schedule, automatic renewal provisions, cancellation procedures, and other financial obligations associated with their membership;

• voluntarily accept the inherent risks associated with participation in Formula 3 Fitness programs and activities;

• agree to comply with this Agreement and all applicable Formula 3 Fitness policies, procedures, operational rules, and facility requirements; and

• intend for their electronic signature to have the same legal force and effect as a handwritten signature and agree to be legally bound by both agreements.