RELEASE OF LIABILITY: In consideration of being allowed to participate in any way in The Winner’s Circle, Inc dba Big Sky Fitness’s (“Big Sky”) programs, events and activities, I warrant and represent that I have no disability, impairment, or ailment preventing me from engaging in active or passive exercise or activity that will be detrimental or inimical to my health, safety, or physical condition. If I do so engage or participate, I furthermore acknowledge, appreciate, and agree that: 1) the risk of injury from the activities involved in any program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and, 2) I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of Big Sky or others, and assume full responsibility for my participation; and, 3) I willingly agree to comply with the stated and customary terms and conditions for participation. If,however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest Big Sky employee immediately; and, 4) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless Big Sky, its officers, officials, agents, its’ landlord, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to its officers, officials, agents, its’ landlord, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event, with respect to all and any injury, disability, death, or loss or damage to person or property, weather arising from the negligence of Big Sky or otherwise, to the fullest extent permitted by law. Membership Terms: Member / Buyer’s Right to Cancel If you wish to cancel this contract, you may cancel by mailing a written notice by certified or registered mail to The Winner’s Circle, Inc. dba Big Sky Fitness (“Big Sky”), at the club address. The notice must say that you do not wish to be bound by this contract and it must be delivered or mailed before midnight of the third business day after you sign the contract. After you cancel, Big Sky may request the return of all contracts, membership cards and other documents of evidence of membership. The notice must also be delivered or mailed to Big Sky’s agent: ABC Financial Services, P.O. Box 6800, Sherwood, AR 72124. You may also cancel this contract if you relocate your residence further than twenty-five miles from any health club operated by Big Sky or from other substantially similar health club, which would accept the transfer of your membership with Big Sky. This contract may also be canceled if you die, or if Big Sky ceases operation at the location where you entered into this contract. If you become disabled, you shall have the option of (1) being relieved of liability for payment on that portion of the contract term for which you are disabled, or (2) extending the duration of the original contract at no cost to you for a period equal to the duration of the disability. You must prove such disability by a doctor’s certificate, which shall be enclosed with the written notice of disability sent to Big Sky. Big Sky may require that you be examined by another physician agreeable to Big Sky at its’ expense. If you cancel, Big Sky may keep or collect an amount equal to the fair market value of the services or use of facilities you have already received. 1. Membership cancellations are possible within the terms of the “Member/Buyer’s Right to Cancel” (above). Cancellation requests due to relocation must be submitted via mail to ABC Financial, as stated above, with verifiable proof of a move with member’s name on it such as a new lease or new mortgage agreement, new utility hook-up, letter from employer with pay-stub showing new address or copy of the member's updated driver's license. A medical or relocation cancellation shall be effective from the date the proof is received. 2. Under a Monthly Dues (EFT) Membership, after the initial term of this agreement, billing will continue on a monthly basis and may be cancelled via mail to ABC Financial 30 days prior to the next billing date. 3. All requests to change or cancel Memberships must be in writing and received by ABC Financial at least 30 days prior to your next billing date. Verbal or telephone membership freezes or cancellations are not valid. Faxed requests should include your Agreement number on all pages. Please confirm the receipt of such fax by contacting ABC Financial 48 hours after the transmission. ABC Financial Services, Inc. Send all requests to: P.O. Box 6800 Sherwood, AR 72124 Phone: 888-827-9262 Fax: 501-992-0802 memberservices@abcfinancial.com 4. Membership freezes are possible only in cases of serious illness or injury (minimum 30 day disability). Member must submit in writing to ABC Financial a doctor's notice excusing participation in the club which is subject to verification. A membership freeze will become effective on the billing date following the receipt and acceptance of such notification. Members who freeze their membership are not entitled to use any club facilities during their membership freeze. 5. No deduction or allowance for dues shall be made due to Member's failure to use Big Sky's facilities because of business, vacation, travel, or other personal commitments. 6. Monthly rates stated on the other side of this agreement may not be changed during the initial term of a contracted membership. After the initial term, an increase may be assessed at the club’s discretion. Where automatic charges have been authorized, we will assume any rate change is accepted by the member unless ABC Financial is notified in writing at least 15 days prior to the next billing date. 7. Members are responsible for notifying Big Sky and ABC Financial of any changes in address, daytime or evening phone numbers, or billing information. Such notification should be made to ABC Financial at least 15 days prior to the next billing date. Negligence in doing this could result in a $20.00 service fee to the member (see #11). 8. Your Monthly Dues Membership is transferable. You may sell or otherwise transfer your membership to another individual. The new member will then be responsible for monthly charges. Memberships may only be transferred if monthly dues are current. Present club members who wish to transfer their membership may do so with non-members only (who have not been a member within the last three months) and a $50 transfer fee will be charged. A new Membership Agreement must be completed at the club with signatures from both the new member and Big Sky. Members may not advertise membership transfers in-house. 9. Members who purchase Prepaid Memberships are entitled to transfer the remaining months prepaid along with their membership to a non-member. Financial transactions on all transfers are strictly between the Member and Transferee. Big Sky assumes no responsibility for reimbursement of Prepaid Memberships. A $50 transfer fee will be charged and a new Membership Agreement must be completed at the club with signatures from both buyer and seller. 10. Tanning Warning/Disclaimer: 1) I hereby advise Big Sky that I have no health problems or sensitivities which would prevent me from utilizing Big Sky’s ultraviolet facility / tanning beds. 2) I am not taking any drugs that would cause sensitivity to sunlight (your doctor would have provided this information when he / she prescribed the drug.) 3) I must always use protective eyewear. Use of the Suntan Units without protective eyewear can cause early formation of cataracts and/or temporary or permanent blindness. 4) I am 18+ years of age and am not pregnant. 5) I know the risks from indoor tanning is significant, including the potential for both short term and long term eye or skin damage. 11. Dishonored Check or Bank Draft: If any check, charge, or draft payment to Big Sky or ABC Financial is not honored, in addition to the other rights it may have, Big Sky or ABC Financial shall have the right to: (a) assess a service charge of $20.00 for each check, charge, or draft so dishonored and to require reimbursement for cost of collection, (b) collect the current and past due balance in any subsequent months, (c) pursue under the "DEFAULT" provision of this agreement, and /or (d) terminate this agreement. Big Sky and ABC Financial reserve the right to resubmit any rejected charges, plus a $20.00 service fee. 12. Default: Should Member default in his / her payment obligation, all remaining and future payments of the Monthly Dues Membership or the Prepaid Membership shall become immediately due and payable. Member agrees to pay all costs of collection, including court costs and attorney's fees. 13. Guest Policy: Big Sky is a private club. Guests of members must register upon arrival at the Front Desk and are permitted at the then prevailing Guest Fee rates. 14. A child under the age of 13 is permitted in the club only when his/her parent or guardian is also present at the club and the child must be located in the Kids’ Club. Prevailing children’s rates apply to all children entering the club. 15. Lockers are provided for daily use by members. Big Sky reserves the right to remove locks and any articles left in a locker overnight, and shall not be liable for locker contents. Members are urged to avoid bringing valuables onto the club premises. Big Sky, its agents, landlord, or employees shall not be liable for the loss, or theft of, or damage to the personal property of members, guests or visitors. 16. If your image or likeness is included in any promotional photography or videos including but not limited to websites, flyers, tv commercials, newsletters, or newspaper advertising for Big Sky, you hereby; release and grant permission for the use of those photos or videos and for Big Sky to alter the same without restriction; and agree that the photos or videos are the property of Big Sky; and you understand that you shall not receive any compensation, should your image or likeness be used by Big Sky. 17. Club operating hours are subject to change. The club may be closed for certain holidays, maintenance, repairs, weather, emergencies, etc. Members will have no claim against Big Sky for extending or providing additional credit for period closed. Management reserves the right to limit club usage for specific occasions or events. 18. In case of long-term interruption of all services provided by Big Sky (example: due to fire, water or other damage), the club reserves the right to freeze membership and add the lost time after services resume. 19. Member agrees to abide by all Big Sky membership rules and regulations, which may be provided in writing, posted at the club or issued orally, and which may be amended from time to time, at Big Sky's sole discretion. Member agrees that Big Sky has the right to change policies, equipment, and / or facilities as it deems. No refunds whatsoever will be given for these changes or for equipment or facilities temporarily out of order. 20. Any depute regarding this Agreement or the terms and conditions of Big Sky membership, as well as for any claims for personal injury, defective products or any other legal claim, shall be resolved solely through binding arbitration submitted to the American Dispute Resolution Center, 30 Bank Street – 3rd Floor, New Britain, CT 06051 pursuant to its rules, before a single arbitrator, in New Britain, Connecticut. If the ADRC is not operating, then any such arbitration may be submitted to the American Arbitration Association. In any proceeding brought against Big Sky, if Big Sky prevails in such action, Big Sky shall recover all of its’ costs incurred therein, including without limitation, all of Big Sky’s costs and reasonable attorneys’ fees THE MEMBER HEREBY WAIVES ANY RIGHT TO A TRIAL BY A JURY FOR ANY LEGAL MATTER BROUGHT AGAINST BIG SKY. 21. Any member who willfully or neglectfully causes damage to Big Sky facilities or property shall pay for such damage. 22. Big Sky reserves the right to terminate membership at any time for any reason upon notice to the member. 23. Big Sky reserves the right to increase the annual club improvement fee. 24. Entire Agreement: This agreement constitutes the entire and exclusive agreement between the parties. Any promise, representation, understanding and/or agreement pertaining directly or indirectly to this agreement which is not contained herein, is invalid and hereby waived. This agreement may be modified only by an instrument in writing signed by a duly authorized Big Sky officer and the members. Big Sky employees are not authorized to make any modification to this Agreement or make any agreement with any member that is not stated in this Agreement. If any part of this agreement is found to be unenforceable or void, the remaining provisions shall remain in full force and effect. Connecticut law shall apply to this Agreement List of Equipment and Services: Treadmills, Cross Trainers, Stationary Bikes, Stairclimbers, Circuit Machines, Free Weight Stations, Locker Rooms and Showers. List Pricing: $100 Down payment, $40 per month for 12 months, $30 per month for 24 months.