Terms and conditions of service.

EK Training, LLC d/b/a gain. on one hand (referred to herein as “gain.”, “owner” or “health spa”) and the undersigned client (referred to herein as “client”, “you” or “I”) on the other hand, hereby agree to the following terms and conditions (the “Terms”) regarding client’s use of the gain. facility, classes and personal training services offered by gain. and this website (this “Site”):

▪ Please note that You (the buyer) have seven business days to cancel this contract. To cancel, email, mail or hand deliver a letter to the following address:

Name of health spa: gain.

Address: 872 Memorial Dr SE

City, State, ZIP code: Atlanta, Georgia 30316

Email: info@gain-atl.com

Do not sign this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options you have not selected are lined through or that it is otherwise indicated that you have not selected these options. It is recommended that you send your cancellation notice by registered or certified mail, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of the spa, acknowledging your cancellation. Any cancellation sent via email to info@gain-atl.com shall also be deemed valid written notice hereunder. A copy of any cancellation sent by either certified mail or hand delivered should also be sent via email to gain. at info@gain-atl.com.

To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight on ___30 days prior to renewal date___, and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you. Any cancellation sent via email to info@gain-atl.com shall also be deemed valid written notice hereunder. A copy of any cancellation sent by either certified mail or hand delivered should also be sent via email to gain. at info@gain-atl.com.

CLASSES

gain. foundations, gain. power, and gain. for lunch (each a “class”)

Class Packages:

Monthly Unlimited Membership

● Monthly Unlimited Membership for gain. is $350 per month.

● Valid one per customer.

● Membership will be automatically renewed monthly.

● Requires minimum of 3 month commitment and the client must submit a cancellation notice to at info@gain-atl.com at least 30 days prior to intended cancellation date.

● Membership includes ability to book 2 designated class(es) per day for the month billing cycle.

New Student 10 for $100 Package

● Package includes ability to book 10 classes in total for $100.

● Valid for first time members only.

● Valid one per customer.

● Expires 3 months after date of purchase.

● No refunds or transfers.

Regular 10-Class Package

● Package includes ability to book 10 classes in total for $375.

● Valid one per customer.

● Expires 3 months after date of purchase.

● No refunds or transfers.

Single Drop-in Classes

● A single drop in for gain. class is $45.

● Valid one per customer.

● Expires 1 month after date of purchase.

● No refunds or transfers.

Cancellation and Rescheduling:

● If a class or classes is canceled or rescheduled by gain. due to unforeseen circumstances, the affected class(es) may be credited, refunded, or transferred at gain.’s sole discretion.

● Client must cancel 5 hours before the start time of their scheduled class to avoid losing class credit. If notice of cancellation for a scheduled class is not received within 5 hours prior to a scheduled class, client agrees to pay the full amount that would have been due had the scheduled session taken place. Client will lose a class credit from its membership package, for every occurrence, where client makes an appointment for a class and does not show up for it, or fails to cancel the scheduled class appointment at least 5 hours before the start of class.

Non-Refundable:

● All packages are final sale and non-refundable.

PERSONAL TRAINING SERVICES AND FEES

SINGLE

● 1 hour drop in: $125

● 30 min drop in: $75

DUOS

● 1 hr duo: $75/person per session

● 30 min duo: $55/person per session

MEMBERSHIPS (recurring):

● 1x/week (60 MIN): $475/mo.

● 2x/week (60 MIN): $900/mo.

● 3x/week (60 MIN): $1,200/mo.

● 1x/week (30 MIN): $285/mo.

● 2x/week (30 MIN): $560/mo.

● 3x/week (30 MIN): $816/mo.

Discounts may be applied at owner’s or trainer’s sole discretion and are not guaranteed.

Payment Terms:

● Payment is due before or at the time of service.

Cancellation and Rescheduling:

● All personal training session cancellations or rescheduling must be made at least 24 hours prior to the scheduled session.

● If a cancellation of, or request to reschedule, the session occurs less than 24 hours prior, the session will be forfeited and non-refundable.

● All personal training sessions are non-transferable.

Non-Refundable:

● All packages are final sale and non-refundable.

Usage Period:

● 5 and 10 session packages must be used within 3 months from the date of purchase.

● Monthly memberships/recurring payments must be used within the 30 day billing period. Any unused training sessions from a monthly package will not roll over into the next month of training.

Commitment period:

● In order to help you get the most out of your personal training experience, all personal training memberships have a 3-month minimum commitment.

● To cancel monthly memberships, the client must submit a cancellation notice to at info@gain-atl.com at least 30 days prior to intended cancellation date.

PAYMENT INFORMATION

You will keep your contact information, billing information and credit card information (where applicable) up to date. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in the Terms. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable pursuant to your membership or class package selection. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

LIABILITY & DISCLAIMERS

The information provided through this Site or provided to you by gain. is intended to assist you in your fitness efforts. All information is of a general nature and is furnished for educational purposes only. You agree and acknowledge that gain. is not a medical organization, hospital, or staffed by medically trained personnel. The information provided through this site is not intended as a substitute for medical counseling or the professional advice of your personal physician. Before you begin any fitness or nutrition program, consult your physician to determine if the fitness or nutrition program is right for your needs. Do not start a fitness or nutrition program if your physician advises against it. Please note that the site's trainers, affiliates, or employees cannot provide you with medical advice, and nothing that you may read on this site or that is otherwise provided to you by the site's trainers, affiliates, or employees should be construed as such. Although gain. and its trainers, affiliates, and employees make an effort to provide quality information to you, gain. disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any information provided through this Site or sent to you by a gain. or its trainers. For example, health, diet, and fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the information provided through this Site will reflect the most recent findings or developments with respect to the particular material.

This Site is intended for use only by healthy adult individuals. This Site is not intended for use by minors or individuals with any type of health condition. Such individuals are specifically advised to seek professional medical advice prior to initiating any fitness or nutrition effort or program.

ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. gain. will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

TRAINING

Reliance on any information provided by a trainer on or through this Site is solely at your own risk. Participating in any exercise program or diet plan can cause injury, and you elect to do so entirely at your own risk and exempt gain., the creator of the program or plan, or the trainer assigning the program or plan from any liability. Before you begin any fitness or nutrition programs, consult your physician to determine if the fitness or nutrition programs are right for your needs. gain. makes no representations or warranties as to the conduct, ability, or the efficacy, accuracy, completeness, timeliness, or relevance of the information provided by the gain. trainers and/or the services provided by said trainer or by third parties featured on this Site, including but not limited to celebrity trainers.

PHYSICAL CONDITION OF CLIENT

Client represents, warrants, and agrees that client is in good physical condition and that client has no disability, impairment, or ailment that will prevent the client from engaging in active or passive exercise or that should be detrimental to the client’s health, safety, comfort, or physical condition should the client engage in active or passive exercise. Client acknowledges that gain. has neither made claims as to medical results nor suggested medical treatment to the client. Client acknowledges that gain. recommended that client consult a physician prior to beginning this exercise program. Client understands that it is the client’s responsibility to inform gain. of any pain experienced before, during or after participating in the exercise program so that the exercise may be immediately terminated.

WAIVER AND RELEASE

Client is familiar with and recognizes the danger and risk of injury to person and or property which may result from the use of gain.’s facilities, including, without limitation, injury from slipping and falling, excess fatigue or stress, muscle strain, or any other unforeseen cause. With full knowledge and understanding of such risks, client agrees to use the facilities and the studio’s services rendered to the client at his or her own risk and PERSONALLY ASSUMES THE RISK for any harm, injury, or damage that may occur as a result from use of trainer’s facilities. Client hereby fully and forever RELEASES, RELINQUISHES, ACQUITS, AND DISCHARGES gain. and its trainers, as well as any owners, managers, employees, or agents (collectively, “Released Parties”), from any and all claims, demands, actions, causes of action and rights (whether known, unknown, contingent, accrued, inchoate, or otherwise) which client may have against gain.,trainer, or other Released Parties arising out of or relating to gain.’s or trainer’s passive or active negligence. Client expressly warrants and represents and does hereby state and represent that no promise or agreement which is not herein expressed has been made to him/her in executing this Release and Waiver of Liability, and that the client is not relying upon any statement or any representation of any of the Released Parties. I further grant permission gain. to use for promotional purposes photographs, videotapes, motion pictures, recordings or other records of my participation in the activities offered by gain. in which my image or likeness appears. In no event shall gain. be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of this Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from your use of any information, program, or suggestion provided to you by a trainer or communications or meetings between trainers and members or any other persons you meet through this Site. You agree to take reasonable precautions in all interactions with trainers, celebrity trainers, third parties, and other members, particularly if you decide to meet offline or in person.

In the event this Site chooses to promote the services of any third party, including but not limited to a celebrity trainer, you agree and acknowledge that the celebrity trainer will not personally be providing the fitness or nutrition programs, nor communicating with individual members directly or personally.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Parental Consent (If Client Is Under Age of 18)

As the parent or legal guardian of a minor child receiving services from gain., I give my permission for such minor child to receive such services. I confirm that I have read and understand all information in this form and accept responsibility for any disclosures or liability mentioned herein. This is to certify that I, as parent/guardian with legal responsibility for this minor child, do consent and agree to his/her release as provided above of all the Released Parties, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Released Parties from any and all liabilities incident to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law

PARENT/GUARDIAN'S SIGNATURE

INDEMNIFICATION

You agree to defend, indemnify, and to hold harmless gain., together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) arising, resulting from or relating to: (a) your use of this Site or your inability to use this Site; or (b) an allegation that you violated any representation, warranty, covenant or condition in these Terms. Your agreement to defend, to indemnify, and to hold gain. (and its officers and directors) harmless applies whether a claim against gain. is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that this Site caused damage to you or to any third party and/or your use and access to this Site. This indemnification section shall survive your termination of or cessation of use of this Site.

Third Party Websites. We may link to, or promote websites or services from other companies or offer you the ability to download software from other companies. You agree that gain. is not responsible for, and does not control, those websites. gain. encourages you to be aware of this when you leave this Site, and to read the legal notices and privacy policies of each and every website you visit. Your use of a third-party website will be subject to such third-party's terms of use and privacy policy.

USER COVENANTS

By accessing or using the Site, you agree to, acknowledge, and represent as follows: (1) You will comply with all applicable federal, state or local laws, rules and regulations in using the Site, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law, rule or regulation, and (2) You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and warranties and be bound by the covenants provided herein.

GOVERNING LAW AND CHOICE OF FORUM

These Terms contain the final and entire agreement between us regarding your use of the gain. facility, classes and personal training offered by gain. and your use of this Site and supersedes all previous and contemporaneous oral or written agreements regarding your use of the gain. facility, classes and personal training offered by gain. and your use of this Site. We may discontinue or change this Site, or its availability to you, at any time. These Terms are personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that these Terms, as well as any and all claims arising from these Terms will be governed by and construed in accordance with the laws of the State of Georgia, United States of America applicable to contract made entirely within Georgia and wholly performed in Georgia, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to this Site will be an appropriate federal or state court located in Atlanta, Georgia. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

ADDITIONAL TERMS AND CONDITIONS

You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex or vice versa. To cancel, send written notice of your cancellation to the address or email address provided in this contract for sending a notice of cancellation. The bestway to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail, return receipt requested. Any cancellation sent via email to info@gain-atl.com shall also be deemed valid written notice hereunder. A copy of any cancellation sent by either certified mail or hand delivered should also be sent via email to gain. at info@gain-atl.com. If You become totally and permanently disabled during your membership term, You may cancel this contract. gain. is entitled to a reasonable predetermined fee in such event, in addition to an amount equal to the value of the services made available for use. If You should die during the membership term or any renewal term, your estate may cancel the contract. gain. is entitled to a reasonable predetermined fee in such event, in addition to an amount computed by dividing the total cost of your membership by the total number of months of the membership and multiplying the result by the number of months expired in the membership term. Reasonable proof of death may be required under this paragraph. Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.

CHANGES TO TERMS & CONDITIONS

gain. reserves the right to change these terms and conditions at any time.

NOTICE

State law requires that we inform you that should You (the buyer) choose to pay for any part of this agreement in advance, be aware that You are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. Health spas do not post a bond, and no other protections may be provided to you should you choose to pay in advance.

Contact Information

Contact gain. at info@gain-atl.com for all questions and concerns.