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LEGACY HEALTH AND FITNESS MEMBERSHIP AGREEMENT

This Membership Agreement ("Agreement") is entered into between Legacy Health and Fitness ("Facility") and the undersigned member ("Member").

1. MEMBERSHIP TERMS

• Monthly memberships are billed on the same date each month and continue automatically until cancelled
• Annual memberships are billed once per year on the anniversary of signup and continue automatically until cancelled
• Membership provides 24/7 access to the facility via assigned access credentials
• This is a recurring membership that will continue automatically unless you cancel according to the cancellation policy below
• Complimentary session with a Professional Certified Personal Trainer: Your membership includes one (1) complimentary one-on-one session with a Professional Certified Personal Trainer, subject to availability and scheduling through the Facility or your assigned trainer

Free session with a Professional Certified Personal Trainer — cancellation & no-show: If you schedule your complimentary session and cancel with less than twenty-four (24) hours’ notice, or if you fail to attend the scheduled session (no-show), you authorize Legacy Health and Fitness to charge a $15.00 fee to the payment method on file. This fee helps offset reserved Professional Certified Personal Trainer time.

2. FEES AND PAYMENTS

• Your specific recurring rate, enrollment/setup fee (if any), and taxes are shown at checkout or, for in-gym / admin enrollment, match the plan and pricing recorded on your membership account
• Reference pricing: one-time enrollment $45.00 (NON-REFUNDABLE); monthly $35.00/month; annual $360.00/year (each plus applicable taxes and fees)—your actual amounts may differ based on the plan you selected
• A 3% convenience fee applies to credit/debit card payments (ACH/bank transfers have no convenience fee)
• ALL FEES ARE NON-REFUNDABLE once charged, including enrollment fees, membership fees, and any additional services
• You will be charged for the full billing period even if you cancel mid-cycle (see cancellation policy)

2A. INSURANCE OR THIRD-PARTY BILLING (WHEN APPLICABLE)

If your membership is funded by an insurance carrier, employer wellness benefit, or similar program identified in our records, you authorize Legacy Health and Fitness to bill that program as permitted. If that coverage ends, is cancelled, denied, or otherwise fails to pay amounts due for your membership, you must promptly provide valid personal payment information (card or ACH) and pay all charges owed to continue membership and facility access.

3. CANCELLATION POLICY - READ CAREFULLY

IMPORTANT: Cancelling your membership does NOT entitle you to a refund of fees already paid.

• Members may cancel at any time by providing 30 days written notice via email or in person
• Cancellation requests must be submitted in writing to be valid (verbal cancellations are not accepted)
• Your membership will remain active and you will continue to be charged until the end of the 30-day notice period
• NO REFUNDS will be issued for partial months, unused time, or any fees already paid
• Annual memberships canceled early will NOT receive prorated refunds - you will have access until the end of your paid period
• If you cancel during a billing cycle, you will still be charged for that entire cycle and will have access until the cycle ends
• Cancellation of automatic payment authorization does NOT cancel your membership - you must separately cancel your membership

4. NO REFUND POLICY - UNDERSTAND THIS CLEARLY

• ALL payments are FINAL and NON-REFUNDABLE once processed
• This includes enrollment fees, membership fees, late fees, convenience fees, and any add-on services
• We do NOT provide refunds for change of mind, relocation, medical issues, or any other reason
• CHARGEBACKS & PAYMENT DISPUTES: Chargebacks for charges made under this Agreement are prohibited. Unauthorized chargebacks constitute a breach of contract. This signed Agreement may be submitted as evidence, and collection or recovery fees may apply.

5. MEMBERSHIP SUSPENSION (FREEZE)

• Members may request a temporary suspension (freeze) of up to 3 months per calendar year
• A $10/month freeze fee applies during suspension periods and will be charged automatically
• Freeze requests must be submitted in writing at least 7 days in advance
• During freeze periods, you will not have facility access but will continue to be charged the freeze fee
• Membership automatically resumes at the end of the freeze period unless you cancel

5A. COMPLIMENTARY PERSONAL TRAINING (SUMMARY)

The complimentary session is described in Section 1 and in the fine-print notice above. Scheduling through the Facility, trainer, or member portal constitutes agreement to the cancellation and no-show fee policy.

ASSUMPTION OF RISK AND WAIVER OF LIABILITY

1. ACKNOWLEDGMENT OF RISKS

I understand that participation in fitness activities involves inherent risks including but not limited to:

• Muscle strains, sprains, and tears
• Cardiovascular incidents
• Falls and impact injuries
• Equipment-related injuries
• Pre-existing condition aggravation

2. VOLUNTARY PARTICIPATION

I voluntarily choose to participate in fitness activities at Legacy Health and Fitness. I have been advised to consult with a physician before beginning any exercise program.

3. RELEASE OF LIABILITY - COMPREHENSIVE WAIVER

I FULLY UNDERSTAND AND ACKNOWLEDGE THAT:

I hereby release, waive, discharge, and covenant not to sue Legacy Health and Fitness, its owners, operators, employees, agents, representatives, successors, and assigns (collectively "Released Parties") from ANY AND ALL liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, whether caused by the NEGLIGENCE of the Released Parties or otherwise, while participating in fitness activities or while on the premises.

THIS RELEASE INCLUDES BUT IS NOT LIMITED TO:

• Ordinary negligence (carelessness or mistakes by staff, other members, or the facility)
• Equipment malfunction or failure
• Inadequate supervision or instruction
• Slip, trip, or fall accidents
• Injuries caused by other members
• Property damage or theft
• Communicable diseases (including COVID-19, flu, etc.)
• Any other injury, illness, or damage arising from facility use

I UNDERSTAND THIS IS A COMPLETE RELEASE OF LIABILITY that applies even if the Released Parties are at fault (negligent), except for gross negligence or willful misconduct that cannot be waived by law.

3A. IDAHO LAW AND ENFORCEABILITY (HEALTH CLUB / FITNESS FACILITY)

This Agreement is governed by the laws of the State of Idaho. You intend this Assumption of Risk and Release to be a binding contract enforceable to the fullest extent permitted by Idaho law for participation in a fitness / health club facility. You understand that no waiver is intended for any claim that Idaho law does not allow to be waived (including certain intentional or willful misconduct, to the extent applicable). If any provision is found unenforceable, the remainder stays in effect.

4. INDEMNIFICATION AND HOLD HARMLESS

I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, losses, damages, costs, expenses, and attorney fees arising out of or related to:

• My use of the facility or participation in activities
• My negligence or wrongful acts
• Any injury or damage I cause to others
• Any violation of facility rules or this agreement
• Any chargeback or payment dispute I initiate

This means if someone sues Legacy Health and Fitness because of something I did, I will pay all legal costs and damages.

5. MEDICAL CONDITION ACKNOWLEDGMENT

I certify that I am physically fit and have not been advised otherwise by a qualified medical professional. I agree to follow all instructions and warnings provided by Facility staff. I understand that it is MY RESPONSIBILITY to consult with a physician prior to commencing any fitness program. I acknowledge that Legacy Health and Fitness has not and will not provide any medical advice.

6. EMERGENCY MEDICAL TREATMENT AUTHORIZATION

In case of medical emergency, I authorize Legacy Health and Fitness and its staff to seek and obtain emergency medical treatment for me, including transportation to a medical facility. I understand and agree that I am SOLELY RESPONSIBLE for ALL medical costs, expenses, and bills incurred, and I will not hold Legacy Health and Fitness responsible for any medical expenses.

RECURRING PAYMENT AUTHORIZATION - READ THIS CAREFULLY

BY SIGNING BELOW, YOU ARE AUTHORIZING AUTOMATIC RECURRING CHARGES TO YOUR PAYMENT METHOD.

1. EXPLICIT AUTHORIZATION FOR RECURRING CHARGES

I hereby authorize Legacy Health and Fitness ("Merchant") to automatically charge my designated credit card, debit card, or bank account (ACH) on file for the following charges:

• Monthly or annual membership dues according to my selected plan
• One-time enrollment fee of $45.00 (charged at signup only)
• Any additional services, add-ons, or upgrades I select
• Late fees ($15) if payment fails and is not resolved within the grace period
• Convenience fees (3% for credit/debit cards, 0% for ACH/bank transfers)
• Freeze fees ($10/month) if I request membership suspension
• Personal training late cancellation / no-show fee ($15) if I schedule the complimentary (or applicable) training session and cancel within 24 hours or do not attend, per the membership agreement
• Any other fees authorized by this agreement

THIS AUTHORIZATION IS ONGOING AND WILL CONTINUE UNTIL I CANCEL IT IN WRITING OR TERMINATE MY MEMBERSHIP.

2. PAYMENT SCHEDULE AND AUTOMATIC RENEWAL

• Monthly members: I will be charged $35.00 (plus taxes and fees) on the same date each month
• Annual members: I will be charged $360.00 (plus taxes and fees) once per year on my membership anniversary date
• Payments are processed AUTOMATICALLY and will continue indefinitely until I cancel my membership
• My membership will RENEW AUTOMATICALLY unless I provide 30 days written notice of cancellation
• I understand that I will continue to be charged even if I stop using the facility
• I understand that cancelling my payment method does NOT cancel my membership - I must cancel my membership separately

3. FAILED PAYMENT POLICY AND GRACE PERIOD

If a payment fails or is declined, the following will occur:

• A 14-day grace period begins immediately
• Automatic retry attempts will occur on days 3, 6, 9, and 12 of the grace period
• I will receive email notifications about the failed payment and retry attempts
• My facility access may be SUSPENDED during the grace period if payment is not resolved
• If payment is not successfully collected within 14 days, a $15 late fee will be charged
• My membership may be terminated if payment is not resolved within the grace period
• I remain responsible for all charges incurred during the grace period, including the late fee

4. UPDATING PAYMENT INFORMATION

• I am SOLELY RESPONSIBLE for keeping my payment information current and valid
• I may update my payment method at any time through the member portal or by contacting us via the website contact form
• If my payment method expires or is cancelled, I must provide a new payment method immediately
• Failure to provide valid payment information may result in membership suspension or termination
• I understand that updating my payment method does NOT cancel my membership or this authorization

5. CONVENIENCE FEE DISCLOSURE

• Credit/Debit Card Payments: A 3% convenience fee will be added to each transaction
• ACH/Bank Transfer Payments: NO convenience fee (0%)
• The convenience fee is clearly displayed before you complete payment
• This fee is NON-REFUNDABLE and applies to all card transactions
• You can avoid this fee by choosing ACH/bank transfer as your payment method

6. CHARGEBACKS & PAYMENT DISPUTES

Chargebacks for charges made under this Agreement are prohibited. Unauthorized chargebacks constitute a breach of contract. This signed Agreement may be submitted as evidence, and collection or recovery fees may apply.

7. CANCELLATION OF AUTOMATIC PAYMENT

• I understand that cancelling this automatic payment authorization does NOT cancel my membership
• To cancel my membership, I must provide 30 days written notice separately
• If I cancel this authorization but do not cancel my membership, I will still owe all membership fees
• I may cancel this authorization at any time by providing written notice, but I will remain responsible for all charges until my membership is properly cancelled

7A. INSURANCE OR EMPLOYER-PAID MEMBERSHIP

If a third party (e.g., insurance or employer program) pays my membership fees per our enrollment records, automatic recurring charges to my personal card or bank account may not apply while that program pays on my behalf. I remain responsible for any amount the third party does not pay, and I must immediately provide a personal payment method on file if third-party billing stops, is denied, or is insufficient.

8. ACKNOWLEDGMENT

I acknowledge that I have read and fully understand this recurring payment authorization. I understand that charges will continue automatically until I cancel my membership. I agree to contact Legacy Health and Fitness directly with any billing questions rather than disputing charges with my bank or credit card company.

FACILITY RULES AND CODE OF CONDUCT

1. FACILITY ACCESS

• Full membership access granted - physical key fob will be provided when UniFi system comes online
• Access credentials are non-transferable and for member use only
• Lost or stolen credentials must be reported immediately
• A $20 replacement fee applies for lost access credentials

2. CODE OF CONDUCT

Members agree to:

• Treat all members, staff, and guests with respect
• Use equipment properly and return weights to racks
• Wipe down equipment after use
• Wear appropriate athletic attire and closed-toe shoes
• Refrain from using abusive language or behavior

3. PROHIBITED ACTIVITIES

The following are strictly prohibited:

• Alcohol, drugs, or smoking on premises
• Unauthorized personal training or solicitation
• Photography/video of other members without consent
• Bringing guests without proper guest pass
• Leaving children unattended in the facility

4. PERSONAL BELONGINGS

Legacy Health and Fitness is not responsible for lost, stolen, or damaged personal property. Lockers are available for use during your visit.

5. TERMINATION

Legacy Health and Fitness reserves the right to terminate membership immediately, without refund, for violation of these terms, conduct detrimental to the facility or other members, non-payment, chargeback disputes, or any other reason at our sole discretion.

6. LEGAL PROTECTIONS AND LIMITATIONS

ARBITRATION AGREEMENT: Any dispute, claim, or controversy arising out of or relating to this agreement or my membership shall be resolved through binding arbitration in Idaho, following the rules of the American Arbitration Association, rather than in court. I waive my right to a jury trial and to participate in class actions.

CLASS ACTION WAIVER: I agree that any disputes will be resolved individually, not as part of a class action, consolidated action, or representative proceeding. I waive any right to participate in class action lawsuits against Legacy Health and Fitness.

DAMAGE LIMITATIONS: In no event shall Legacy Health and Fitness be liable for damages exceeding the total amount of membership fees I paid in the preceding 12 months. Legacy Health and Fitness shall not be liable for indirect, incidental, special, consequential, or punitive damages.

INDEMNIFICATION: I agree to indemnify and hold harmless Legacy Health and Fitness from any claims, damages, losses, costs, or expenses (including attorney fees) arising from my use of the facility, violation of this agreement, or any chargeback or payment dispute I initiate.

FORCE MAJEURE: Legacy Health and Fitness is not liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, pandemics, government restrictions, equipment failures, or other events outside our control.

SEVERABILITY: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

COMMUNICABLE DISEASE ACKNOWLEDGMENT: I acknowledge the risks of communicable diseases (including COVID-19, influenza, etc.) in a fitness facility and voluntarily assume all such risks. I release Legacy Health and Fitness from any liability related to exposure to or transmission of communicable diseases.

MINOR MEMBERS: If I am under 18 years of age, I understand that parental/guardian consent and signature is required. This agreement is not valid without such consent.

ELECTRONIC SIGNATURE VALIDITY: I agree that my electronic signature and acceptance of these terms has the same legal effect as a handwritten signature on a physical document. I understand this is a legally binding contract.

GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to conflict of law principles.

COMMUNICATION CONSENT & AUTHORIZATION (A2P 10DLC / UNIFI COMPLIANT):

Program/Product Description: Legacy Health and Fitness offers an optional SMS program through which we send both informational and promotional messages. Informational messages include facility updates, class reminders, billing reminders, and account notifications. Promotional messages include special offers, membership promotions, and event announcements. By opting in, you consent to receive both types of messages.

Organization: Messages are sent on behalf of Legacy Health and Fitness, 247 N Kay Ave, Kuna, ID 83634.

Telephone number(s) from which messaging may originate: (208) 928-3808. You may receive SMS from this number or from a system number used by our provider.

Opt-in and fees: Consent to receive SMS is optional and is NOT a condition of purchasing any goods or services. Message and data rates may apply depending on your wireless plan. Legacy Health and Fitness does not charge you for receiving messages; your carrier may apply standard rates.

Privacy Policy: Our Privacy Policy describes how we collect, use, and protect your information, including for SMS. You can read it here: https://legacyhealth.fit/privacy-policy.

Opt-out and customer care: You may opt out at any time by replying STOP to any SMS. For help, reply HELP or contact us via our website contact form or support@legacyhealth.fit. Written opt-out: Legacy Health and Fitness, 247 N Kay Ave, Kuna, ID 83634.

Other terms: This messaging program is registered with The Campaign Registry (TCR) for A2P 10DLC compliance. Service is available on major U.S. wireless carriers. We do not guarantee delivery and are not liable for delayed or undelivered messages. By opting in (via the checkbox below), you certify that you are the wireless subscriber or have the subscriber’s authorization to receive messages.

For full terms, see our SMS Terms (Terms & Conditions) at https://legacyhealth.fit/terms-of-service#sms-terms and Privacy Policy at https://legacyhealth.fit/privacy-policy.

ENTIRE AGREEMENT: This agreement constitutes the entire agreement between me and Legacy Health and Fitness and supersedes all prior agreements, understandings, or representations.