Terms and Conditions

TERMS AND CONDITIONS for IB One LLC doing business as My-Bodyfit at 98 Indian Trace, Weston, FL

33326.

Welcome to My-Bodyfit (the “Studio”). The Studio is operated by IB One LLC and is offered to you

conditioned on your acceptance without modification of the terms, conditions, and notices contained

herein (the "Terms"). This agreement sets forth the legally binding terms for your use of the Studio. If

you do not agree with all the provision of this agreement, do not access, and use the Studio.

IB One LLC is registered with the State of Florida as a Health Studio. Registration No. is HS14648.

You acknowledge that prior to the subscription of this contract, the Member was able to visit the

studio's facility, learn about the proposed performances, the opening hours, as well as the content of this

contract and the studio's internal regulations.

MODIFICATION OF THESE TERMS OF USE

The studio reserves the right to change the terms, conditions, and notices under which this Studio is

offered, including but not limited to the charges associated with the use of this Studio.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Studio, you warrant that you will not use this studio for any purpose

that is unlawful or prohibited by these terms, conditions, and notices. You may not use this studio in any

manner which could damage, disable, overburden, or impair or interfere with any other party's use and

enjoyment of this studio.

USE OF COMMUNICATION SERVICES

The studio may contain bulletin board services, chat areas, news groups, forums, communities, personal

web pages, calendars, and/or other message or communication facilities designed to enable you to

communicate with the public at large or with a group (collectively, "Communication Services"), you

agree to use the Communication Services only to post, send and receive messages and material that are

proper and related to the particular Communication Service. By way of example, and not as a limitation,

you agree that when using a Communication Service, you will not:

•Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and

publicity) of others.

•Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing,

obscene, indecent, or unlawful topic, name, material, or information.

•Upload files that contain software or other material protected by intellectual property laws (or by

rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary

consents.

•Upload files that contain viruses, corrupted files, or any other similar software or programs that may

damage the operation of another's computer.

•Advertise or offer to sell or buy any goods or services for any business purpose unless such

Communication Service specifically allows such messages.

•Conduct or forward surveys, contests, pyramid schemes or chain letters.

•Download any file posted by another user of a Communication Service that you know, or reasonably

should know, cannot be legally distributed in such manner.

•Falsify or delete any author attributions, legal or other proper notices or proprietary designations or

labels of the origin or source of software or other material contained in a file that is uploaded.

•Restrict or inhibit any other user from using and enjoying the Communication Services.

•Violate any code of conduct or other guidelines which may be applicable for any Communication

Service.

•Harvest or otherwise collect information about others, including e-mail addresses, without their

consent.

•Violate any applicable laws or regulations.

The studio has no obligation to monitor the Communication Services. However, this studio reserves the

right to review materials posted to a Communication Service and to remove any materials in its sole

discretion.

TERMS & CONDITIONS OF PURCHASE

These Terms & Conditions of Purchase apply to everybody who purchases any type of class, series of

classes or package of classes (“Member”).

FEES AND PAYMENTS

Form of Payment. All payments are payable monthly by electronic funds transfer from the Member’s

credit card account or debit card account. Member must authorize payments to be made through a third

party administered electronic funds transfer system.

Member shall not be relieved of the obligation to make payments agreed to, and no deduction from any

payment shall be made because of member’s failure to use the facilities of IB One LLC.

Returned Payment Penalty. Member will automatically be charged any bank fee imposed on the Studio,

plus a processing fee, for any returned payment item due to closed accounts, insufficient funds or similar

issue. On such occasion, the Studio retains the right to collect the current and past due balances in any

subsequent month.

Disputed Charge Penalty. In the event that a Member initiates a credit card dispute that is subsequently

resolved in the Studio’s favor, the Studio shall have the right to charge Member up to $50 per

occurrence.

The monthly membership fee charged for our services depends on the duration of the contract chosen

by the Member

3-month contract (13 sessions) = $275 per month

6-month contract (26 sessions) = $225 per month

12-month contract (52 sessions) = $195 per month

Special* 3-month contract (13 sessions) = $225 per month

Special* 6-month contract (26 sessions) = $195 per month

Ambassador** 12-month contract (52 sessions) = $1,638 per

year

Ambassador Couple** 3-month contract (13 sessions) = $412.50 per year

* Reserved for First Responder, Military, Veteran, and Student

** Limited time offer

CLASSES

Cancellation of Classes. Member may cancel his or her reservation at the Studio by calling the Studio at

the phone number specified on the Studio's website no later than forty-eight (48) hours prior to the

reserved class in order to retain the full class credit. The Studio (in its sole discretion) may revoke

Member’s class, at any time and without refund, in the event that Member engages in behavior that is

unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other

participants or staff, moral turpitude or fraud, or personal hygiene and attire. The Studio also reserves

the right to require Member to leave for the day if, in the Studio’s reasonable judgment, Member poses a

health or safety risk to Member or others or is disturbing or likely to disturb other participants or staff.

Use Privileges. Member must abide by the individual rules of the Studio. Additionally, the Studio (in its

sole discretion) reserves the right to revoke or suspend Member’s class, class series or class credits if

Member has purchased a class, class series or class packages, and allows persons other than Member to

use Member’s account to book and/or attend classes.

Suspension.

In the event of an accident, illness, pregnancy, professional transfer due to the employer or dismissal for

economic reasons, the Member will be able to obtain a suspension for a maximum period of eighteen

(18) months. This suspension will take effect one (1) month after receiving the Member's written

request, accompanied by the corresponding supporting documents.

MEDICAL RECOMMENDATIONS, ORIENTATION AND ASSUMPTION OF RISK

Medical Recommendations. Member is strongly advised to consult with his or her physician or to have a

physical examination before using any of the Studio’s facilities or enrolling in any of the Studio’s classes.

Especially if Member is elderly, has a history of heart disease, high blood pressure or other chronic

illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that

could create an increased risk of injury or adverse health consequences from strenuous exercise.

Pregnant women are prohibited from using the studio.

Orientation. Member is strongly encouraged to arrive early prior to their first class well as request

ongoing support available at the Studio to ensure the proper and safe use of all of the Studio’s

equipment.

Member Conduct. Member shall not use any Studio facility, service, or equipment in such a way as to

endanger the health or safety of Member or others Member shall be responsible for any property

damage or personal injury caused by Member and/or his or her guests. Member agrees not to violate

any laws while in any Studio facility and agrees further to abide by all the Studio’s rules and regulations,

as they now exist and as they may be amended from time to time in the discretion of the Studio.

Member Assumption of Risk. Member acknowledges that his or her participation in the Studio’s classes

(and use of the Studio’s facilities necessarily involves a risk of severe, permanent physical injury

(including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones,

dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death.

By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s

facilities, Member WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS.

The Studio cannot, and does not, guarantee that any facility, class, or equipment is free of risk of any and

all accidents or injuries of any kind (including death).

Medical Disclaimer. Member has been informed and acknowledges that the Studio makes no claims as to

medical or fitness results that can or may be obtained through use of the Studio’s facilities, equipment,

or services. The Studio has neither suggested nor will suggest any medical treatment to Member. Only

licensed medical professionals are qualified to give medical advice.

Member’s Health Warranty. By enrolling or participating in any of the Studio’s classes, or otherwise

using any of the Studio’s facilities, Member represents and warrants that he or she (i) is in good medical

and physical condition, and that participation in the classes or use of the facilities does not pose any

danger to Member’s health; (ii) has no medical or physical conditions that would preclude his or her

participation in any of the Studio’s classes or use of the Studio’s facilities, or otherwise create an

increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has

not been instructed or advised by any physician against participating in strenuous physical exercise or

exertion, participating in any of the Studio’s classes, or using the Studio’s facilities.

Member Waiver, Release, and Indemnity. By attending classes or otherwise participating in Studio

activities, Member, on behalf of his- or herself, and on behalf of his or her heirs and assigns, expressly

agrees to forever discharge, waive and release IB One LLC and each of its subsidiaries and their

respective members, officers, directors, affiliates, instructors, agents, employees and/or independent

contractors (the “Released Parties”) from any and all claims, demands, injuries, liabilities, actions, causes

of action and from all acts of active or passive negligence on the part of the Released Parties on account

of any and all injuries or damages, including but not limited to bodily injury, mental injury, death and/or

property damage from any event, mishap, accident, loss, damage or injury suffered resulting from or

connected with or caused by the use of the Studio’s classes, services and facilities (including, without

limitation, any locker rooms, or other equipment).Member further agrees, to the fullest extent permitted

by law, to defend, indemnify and hold harmless the Released Parties from any and all claims, losses and

liabilities arising from, connected to, and/or arising from his or her use of the Studio’s classes, services

and facilities (including, without limitation, the locker rooms, or other equipment.) Additionally,

Member and his or her guests shall hold the Released Parties harmless from any loss, theft, cost, claim,

injury, damage, or liability incurred because of their use of the Studio and associated activities.

Prevailing Party. In the event Member commences an action against the Studio or its members, officers,

affiliates, agents, or employees and fails to obtain judgment or partial judgment in Member’s favor,

Member shall be liable to the Studio for all costs and expenses associated with Studio’s defense of the

action or any claims on which Member did not prevail, including, without limitation, reasonable

attorneys’ fees, and costs.

Costs of Collection. Member agrees to pay all costs plus reasonable attorney and collection fees in

connection with Studio’s (or Studio’s designee’s) collection of any amounts owed by Member.

Loss of Property. Member is urged not to bring valuables onto the Studio premises and to always keep

valuables with him or her. The Studio shall not be liable for the disappearance, loss, or theft of, or

damage to, personal property (including money, negotiable securities and jewelry).

STUDIO RULES AND REGULATIONS

Member and Guests Rules. Member and his or her guests shall abide by the Studio’s rules and

regulations and any amendments and/or modifications thereto.

Pets. Pets are not permitted in the Studio.

Dress Code. Proper athletic attire is required. The Studio reserves the right to make the final

determination in its sole discretion regarding appropriate attire.

Independent Contractors. From time to time, the Studio may make the services of independent

contractors available to Member and his or her guests. The Studio does not warrant or guarantee the

quality of these services.

Guest Rules. Guests are permitted in the Studio, but only pursuant to such rules, fees and schedules as

then may be in effect. All guests must register at the front desk and sign the Studio’s standard release

agreement.

Special Events. The Studio may from time to time reserve the use of its facilities for special events,

competitions, and private functions.

Change in Operating Hours/Temporary Closing of Studio. As a result of repair, maintenance, special

occasions, or act of God, the Studio may be required to restrict the use or temporarily close its facilities

or activities from time to time. Hours of operation may be amended from time to time, and certain

facilities, services or programs may be added or eliminated from time to time, at the Studio’s discretion.

Children’s Use. Children under age 18 are not permitted in any Studio facility without the express

permission of Studio management.

MISCELLANEOUS

Non-Discrimination. The Studio will not discriminate against any person because of gender, race, creed,

age, color, sexual orientation, national origin, or ancestry in considering applications for, or have taken

other action in connection with, entrance in the Studio.

Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right,

power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise

preclude any other or further exercise or the exercise of any right, power or privilege hereunder.

Enforcement. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a

court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other

provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or

unenforceable shall be deemed modified to give such provisions the maximum effect permitted by

applicable law.

Governing Law; Jurisdiction. This agreement shall be governed in all respects by the substantive law of

the State of Florida, without regard to its conflict of law principles. Member hereby unconditionally

consents to submit to the jurisdiction of the federal and state courts sitting in Florida for any actions,

suits or proceedings arising out of or relating to this agreement.

Entire Agreement. These Terms and Conditions and regulations of the Studio, as revised from time to

time, constitute the entire and exclusive agreement between the parties, and supersede all prior

promises, representations, understandings and/or agreements relating to the subject matter hereof.

This agreement may be modified only by an instrument in writing and only by the Studio.

MEMBERSHIP CANCELLATION / REFUND POLICY

Per Florida Statutes 501.17:

Members are entitled to the penalty-free cancellation of this contract within 3 days, exclusive of holidays

and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and

refund upon such notice of all monies paid under the contract, except that the health studio may retain

an amount computed by dividing the number of complete days in the contract term occasions health

studio services are to be rendered into the total contract price and multiplying the result by the number

of complete days that have passed since the making of the contract or, if appropriate, by the number of

occasions that health studio services have been rendered. A refund shall be issued within 30 days after

receipt of the notice of cancellation.

Members are entitled to the cancellation and refund of the contract if this business location closes or

moves its facilities more than five (5) driving miles and fails to provide, within 30 days, a facility of equal

quality located within five (5) driving miles at no additional cost to the Buyer.

This contract may be cancelled if the buyer dies or becomes physically unable to avail himself or herself

of a substantial portion of those services which he or she used from the commencement of the contract

until the time of disability, with refund of funds paid or accepted in payment of the contract in an

amount computed by dividing the contract price by the number of weeks in the contract term and

multiplying the result by the number of weeks remaining in the contract term. The buyer or the buyer's

estate seeking relief under this paragraph may be required to provide proof of disability or death. A

physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if

the buyer furnishes to the health studio a certification of such disability by a physician licensed under

Chapter 458, 459, 460 or Chapter 461 to the extent the diagnosis or treatment is within the physician’s

scope of practice. A refund shall be issued within 30 days.

If the Studio goes out of business, please contact the FDAC’s office within sixty (60) days for information.

Relocation of Member: If the member moved at least 18 miles from an Iron BodyFit studio, member shall

be entitled to a suspension and/or termination.

Prior written notice: Termination and /or suspension shall be made upon thirty days (30) written by

certified mail. Upon termination, the sums already paid will be deducted from the amounts due.

Any notice of his/her intent to cancel shall be given in writing to the health studio. Such a notice of

cancellation shall also automatically terminate the obligation to any entity to whom the health studio

has subrogated or assigned the contract. If the health studio wishes to enforce such contract after

receipt of such showing, it may request that any notice of his/her intent to cancel shall be given in

writing to the health studio. Such a notice of cancellation shall also automatically terminate the

obligation to any entity to whom the health studio has subrogated or assigned the contract.

Should the department determine that a refund is due the buyer, the refund shall be an amount

computed by dividing the contract price by the number of weeks in the contract term and multiplying

the result by the number of weeks remaining in the contract term. The business location of a health

studio shall not be deemed out of business when temporarily closed for repair and renovation of the

premises:

Upon sale, for not more than 14 consecutive days; or

During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of

seven (7) consecutive days in any calendar year.

Please contact the Florida Department of Agriculture & Consumer Services for information within 60

days should the health studio go out of business to address any unresolved conflicts.

10.