Committed Founding Unlimited [Flatiron]

This AGREEMENT ("Agreement"), made this date, ____________ (insert today's date) by and between Hot 8 Yoga, LLC located at 8383 Wilshire Blvd Ste 75, Beverly Hills, CA 90211, (referred to in this Agreement as "Seller", "Hot 8 yoga" or the "Club") and_________(insert name of client), the undersigned Buyer (referred to in the Agreement as "you" or " Buyer or "Member" if applicable).

‍‍

l, Buyer, understand that I will be enrolled in Hot 8 Yoga's monthly auto-pay membership and I, Buyer, authorize my bank to make my Hot 8 Yoga monthly payment by the method indicated below, and post it to my account.

I, Buyer, understand that the monthly dues will be $160.30 per month (the "Monthly Rate"), and will be transferred on the same day of the month of this Agreement every month beginning the month after the date of this Agreement.

The monthly dues will continue to be deducted each month at the Monthly Rate.

I understand this Agreement is for a minimum of twelve (12) months thereafter the membership will renew for another 12 months indefinitely unless terminated by providing notice before the renewal date either in person at the Club or by certified or registered mail to Hot 8 Yoga mailed at the address above, or online if the membership was purchased online. The Additional Membership Agreement Terms set forth below are part of this Agreement and by signing below I acknowledge and agree to abide by all such Additional Membership Agreement Terms.

Buyer's Right to Cancellation: You, the Buyer, may cancel this Agreement at any time prior to midnight of the fifth business day of Hot 8 Yoga after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the Buyer, are canceling this Agreement, or words of similar effect. Such notice shall be sent to the Club at the following address: Hot 8 Yoga, LLC, 8383 Wilshire Blvd Ste 730, Beverly Hills, CA 90211, Attention: General Manager

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT EXECUTED BY BOTH BUYER AND SELLER. BUYER AND SELLER EACH

ACKNOWLEDGE THE ADDITIONAL MEMBERSHIP AGREEMENT TERMS SET FORTH ON THE FOLLOWING PAGES. I understand that this Agreement is for a minimum of twelve months, at which time membership will renew unless terminated with prior notice either in person at the Club, or certified or registered mail, or online if the membership was purchased online.

ADDITIONAL MEMBERSHIP AGREEMENT TERMS

1. BUYER'S RIGHT TO CANCELLATION: YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH BUSINESS DAY OF HOT 8 YOGA AFTER THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the Buyer, are canceling this Agreement, or words of similar effect. Such notice shall be sent to the Club at the following address: Hot 8 Yoga, LLC, 8383 Wilshire Blvd Ste 75, Beverly Hills, CA, 90211 Attention: General Manager. Such notice shall be accompanied by the contract forms, membership cards and any other documents evidencing membership previously delivered to Buyer. All monies paid pursuant to this Agreement shall be refunded within ten (10) days of receipt of such notice of cancellation. If the Buyer has executed any credit or loan agreement to pay for all or part of tie health club services any such negotiable instrument executed by the Buyer shall also be returned within ten (10) days. If this Agreement requires payment for membership of $1,500 -$2,000, including initiation fees, Buyer has additional right to cancel this Agreement within twenty (20) days after this Agreement has been executed. If the Agreement requires payment for membership of $2,001-$2,500, including initiation fees, Buyer has the additional right to cancel this Agreement within 30 days after this Agreement has been executed. If the Agreement requires payment for membership of $2,501 or more, including initiation fees, Buyer has additional rights to cancel this Agreement within 30 days after this Agreement has been executed.

2. ADDITIONAL RIGHTS TO CANCELLATION: Buyer may also cancel this Agreement prior to 12 months written notice by certified or registered mail for any of the following reasons:

a) If upon doctor's order (which shall be verified), Member cannot physically receive the service because of physical disability. (You understand that no cancellations shall be done retroactively).

b) If Member dies, Buyer or Buyer's estate (as applicable) shall be relieved of any further obligation for payment under the Agreement not then due and owing.

c) If the services of the Club cease to be offered as stated in this Agreement other than for reasons outside of the control of the Club such as government mandated shutdown or force majeure.

d) All monies, including prepaid amounts, paid pursuant to the Agreement cancelled for the reasons in this paragraph shall be promptly refunded (including amounts for use of the facilities and services during the notice period), and further provided that the Club may demand the reasonable costs of goods and services which the Buyer has consumed or wishes to retain after cancellation of the Agreement. In no instance shall the Club demand more than the full Agreement price from the Buyer. If the Buyer has executed any credit or loan agreement to pay for all or part of the health club services, such negotiable instrument executed by the Buyer shall be promptly returned.

e) Promotional Additional Months: Member agrees that if Member received any free months as an inducement to enter into this Agreement or as a result of referring new members, such free months shall not be considered in computing the amount of any refund to which Member shall be entitled.

f) BUYOUT: If a member wishes to terminate for any other reason before the agreement fulfillment date, they may do so by paying a buyout equal to two (2) months worth of membership dues at the termination date.

3. MEMBERS HEALTH WARRANTY: Member and/or Buyer represent that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of use of the Club, exercise in the heat or its facilities in any manner.

4. RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership rules, regulations and schedules of Hot 8 Yoga, which may be posted at the Club or issued orally, and which may be amended from time to time, at the sole discretion of Hot 8 Yoga.

5. INDEPENDENT CONTRACTORS: From time to time Club may make available to members and their guests the services of independent contractors. Club does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to Members or their guests for any period of time, and hereby disclaim all liability arising out of such services.

6. TRANSFERS OF MEMBERSHIP: Membership may not be transferred.

7. BUYER'S OBLIGATIONS: Except as otherwise provided in this Agreement, Buyer shall not be relieved of Buyer's obligations to make payments agreed to, and no deduction from any payments shall be made because of Buyer's failure to use the Club facilities including, without limitation the failure to use any of the allotted classes in any given month. (Buyer/Member dues are for the period of time and are no way related to actual usage of the Club.)

8) ENTIRE AGREEMENT: Except for the rules, regulations and schedules posted at the Club or issued orally by Hot 8 Yoga from time to time at its discretion, all of which are incorporated into this Agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This Agreement may only be modified in writing executed by a duly authorized representative of Hot 8 Yoga. Employees are not authorized to make any independent agreements with any Member/Buyer.

9. UNPAID BALANCES: Members will not be permitted to use the Club until all fees are current. Buyer and/or Member is obligated to pay any collection and/or legal costs incurred by Hot 8 Yoga for collection of any fees. Annual dues must be paid by 12:00 midnight on the anniversary date or Club privileges will be suspended and a new Initiation Fee will be required. Hot 8 Yoga reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization. If any check or credit card payable to Hot 8 Yoga is not honored, Management will access a $25 charge for each check and credit card rejected and collects the current and past due balance in any subsequent month. To the extent that Buyer and Member is not the same person, Member shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for use of the Club.)

10. LOCKERS: Lockers are provided solely for the benefit and convenience of members. Management will remove any articles left in a locker or cubby hole overnight. Members must provide their own lock.

11. VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto Club premises. Hot 8 Yoga shall not be liable for the loss of or theft of, or damage to, the personal property of Member or guests, including items left in lockers or elsewhere in the Club.

12. MEMBERSHIP FREEZE POLICY: Members may temporarily suspend their membership in accordance with the following terms: (A) You may freeze your membership up to 60 days per contractual year for a minimum of one (1) month and a maximum of two (2) months. Your automatic payment will be suspended during your freeze period and will automatically continue after the freeze period has expired. Your contractual year will be extended by the duration of the suspension. (B) Your freeze request must be done in person at the Club or by certified mail to Hot 8 Yoga, 8383 Wilshire Blvd Suite 75, Beverly Hills, California, 90211 Attention: General Manager at least (5) days before the intended freeze start date. (C) If you are medically unable to use the Club, you can request a medical freeze for up to six (6) months (nine (9) months for pregnancy freeze). You must provide a doctor’s letter at the time you request a medical freeze. (D) You may not freeze your membership for any reason unless your account is in good standing. (E) All freeze requests must be done in advance and no retroactive freezes are permitted.

13. GROUP FITNESS RULES: Allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. If you are just starting Group Fitness or have a pre-existing injury or problems that prevent full participation, please discuss the situation with the Group Fitness instructor before class. You may reserve your spot in any of our Group Fitness classes online at

www.hot8yoga.com by signing into your account. Reservations are taken on a first come first serve basis. Some classes may fill up prior to you making your reservation and you may be precluded from taking a class at such time. Such preclusion shall in no way affect the terms of this Agreement and Buyer may not cancel this Agreement because of filling of such class, provided that other classes are reasonably accessible. Hot 8 Yoga reserves the right to charge a penalty in the event that member does not show up for a scheduled class. During government occupancy restrictions, Hot 8 Yoga reserves the right to limit use of the facility to at most once per day. Membership does not guarantee that you will be admitted into any class at any time.

14. DRESS CODE: Proper athletic attire is required. No street clothes or shoes are permitted in the fitness area. Management has the right to prevent use of the Club if the proper attire in not worn.

15. PRICING: Hot 8 Yoga reserves the right to increase the monthly or annual fee and will provide 30 days notice to all Members regarding any such change in policy. Hot 8 yoga reserves the right to apply surcharges in accordance with city and government guidelines.

16. REVOCATION OF MEMBERSHIP: Hot 8 Yoga reserves the right to revoke and cancel this membership at any time for any reason , in which case Buyer/Member will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement, provided that Seller may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Seller may demand the reasonable cost of goods and services which the Buyer/Member has consumed or wishes to retain after cancellation.

17. WAIVER OF LIABILITY: Member/Buyer shall be solely responsible for any injury or damage sustained, whether for personal or bodily injury, property damage, death, sickness, disease (including the Corona Virus or other like viruses or infections) or otherwise as a result of Member/Buyer’s use of Club’s facilities, programs, equipment and instructors and/or any actor omission of Club resulting from

negligence or otherwise (hereinafter the “Released Items”) unless such injury or damage results form the willful affirmative misconduct of the Club. Member/Buyer shall hold Club and its other principals, owners, LLC members, employees, agents, servants and representative (hereinafter collectively the “Releasees”)

harmless and shall defend and indemnify each of the Releasees of and from any and all claims, losses, injuries and/or damages to persons and/or property which may arise from or be related to any of the Released Items. UNDER NO EVENT SHALL ANY OF THE RELEASEES BE LIABLE TO MEMBER FOR ANY CONSEQUENTIAL DAMAGES OR LOST PROFITS IN ANY WAY ARISING FROM ANY BREACH OF THIS AGREEMENT OR NEGLIGENCE BY CLUB OR ANY OF ITS LLC MEMBERS, PRINCIPALS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, REPRESENTATIVES OR ANY OTHER MEMBER OF CLUB.

18. NO WAIVER. Waiver by the parties of any covenant, condition or promise contained in this Agreement shall not constitute a waiver of any other covenant, condition or promise contained herein.

19. TIME TO BRING ANY LEGAL ACTION. Notwithstanding anything to the contrary contained herein, any action against Club or any of its LLC members, principals, agents, employees, representatives, successors or assigns, whether for breach of contract, negligence, strict liability or otherwise, must be filed within one (1) year after said cause of action arises and, if not filed within that period of time, shall forever be barred.

20. SEVERANCE OF ANY UNENFORCEABLE PROVISION. It is expressly understood and agreed between Club and Member/Buyer that should any paragraph or any provision or portion of this Agreement be held to be invalid, illegal, void or unenforceable, then in such event, the paragraph (s), provision (s) or portion (s) of this Agreement held to be invalid, illegal, void or unenforceable shall be deleted from this Agreement and this Agreement shall be read as though such invalid, illegal, void or unenforceable paragraph (s), provision (s) or portion (s) was never included herein, and the remainder of this agreement excluding such invalid, illegal, void or unenforceable paragraph (s), provision (s) or portion (s) shall nevertheless exist and continue in full force and effect.

21. INTERPRETATION OF AMBIGUITIES. In interpreting this Agreement it shall be deemed that it was prepared by the parties jointly and no ambiguity shall be resolved against Club on the premise that it was responsible for having drafted this Agreement.

22. AGREEMENT BINDING ON SUCCESSORS AND ASSIGNS. This Agreement shall be binding on Club and Member/Buyer and each of their respective successors, assigns, heirs and legal representatives.

23. DESCRIPTION OF SERVICES, FACILITIES AND OPERATING HOURS*: Yoga Barre, Power Yoga, Hot Power Fusion, Yin Yoga, Strength, and Yoga Sculpt.

Buyer and Member hereby acknowledges and agrees that the Club reserves the right to make changes to the type or quantity of classes or equipment offered, and Buyer may not cancel this Agreement because of such changes, provided that such changes are reasonable under the circumstances.

The Club’s operating hours are Monday –Thursday, 7:00 a.m. – 8:00 p.m.; Friday, 7:00 a.m. – 6:30 p.m.; Saturday 7:30 am – 1:00 pm; Sunday 7:30 a.m. – 1:00 p.m. Club reserves the right to close on nationally recognized holidays or change the opening and closing hours provided the total number of hours open during a given month shall not be substantially reduced.

*The type or quantity of classes and/or equipment set forth in this Description is subject to change. The Services, Facilities and Operating Hours described herein shall be offered within six months after this Agreement has been executed.

This Founding Membership grants sole access to the Hot 8 Yoga Flatiron Location.

>>THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT YOUR PAYMENT OPTIONS<< Buyer may make payments on an installment basis or in a single payment. Paying the full amount may be less expensive, but may involve financial risk for Buyer. Read this notice carefully before making a decision. In deciding whether to make payments on an installment basis, Buyer should be aware that if the Club closes, although the Club will remain legally liable to Buyer for a refund, Buyer may risk losing his or her money if the Club is unable to meet its financial obligations to Members.