TERMS & CONDITIONS

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Membership Cancellation & Termination:

This part of our Membership Agreement explains when and how you can cancel your membership.

3-day Grace Period: You may cancel your membership within 3 days either in-person at our location or by phone. After this 3-day period, your membership will continue for a duration of 12 months and may be canceled at any time. After your 12-month term, your membership will continue on a month-to-month basis until your membership is canceled by you or terminated by us, or until 36-months from the date of this agreement, whichever is earlier.

In the event you decide you do not wish to remain a member of El Rey, you may cancel this membership by doing one of the following: (1) Canceling in-person at our location provided on the first page of this agreement; or (2) Canceling by phone at (469) 378-3170. Your cancellation request will be effective 30 days after it is received. Any payments due under this agreement during 30-day period will be charged by us as scheduled and you are required

to make said payments.

Death or Disability: If you die or become totally and permanently disabled after the date this Membership Agreement takes effect, you or your estate may cancel this Membership Agreement and receive a partial refund of your unused membership dues this can be done by mailing a notice stating your desire to cancel this agreement. El Rey may require proof of disability or death. The written notice must be mailed by certified mail to the following address: El Rey Boxing & Fitness Center, 691 E Princeton Dr, Suite 110, Princeton, TX 75407.

Active Military and Extended Volunteer Service: If you are unable to receive the services subject to this Membership Agreement due to active military or extended volunteer service, you may cancel your membership by mailing a cancellation request and a copy of your transfer, deployment, or extended volunteer service order to the following address: El Rey Boxing & Fitness Center, 691 E Princeton Dr, Suite 110, Princeton, TX 75407. Your cancellation request will be effective 30 days after it is received. Any payments due under this Membership Agreement during that 30-day period will be charged by us as scheduled and you are required to make those payments.

Termination: We may suspend, terminate, or refuse to renew your Membership Agreement for any reason allowed by law; including if you do not pay dues or fees on time, if you fail to comply with this Agreement including the Member Policies, or if you otherwise behave in a way that we decide is unwanted. If we terminate your membership, we may collect at any time any amounts you owe to us, including for membership or any services or products, and we do not waive this right if we accept late or partial payment or delay enforcement of our rights under this Membership Agreement.

Assumption of Risk, Release, Waiver of Liability and Indemnification:

This part of the Membership Agreement explains that El Rey is not responsible if you suffer an injury or other harm while using El Rey.

We urge you to obtain a physical examination from a physician prior to initiating any exercise program. By signing this Membership Agreement, you represent and warrant to El Rey that you are in good physical condition and have no medical reason or impairment that could prevent you from your intended use of El Rey’s facilities. You acknowledge that El Rey has not given and will not give you any medical advice, whether related to your physical condition and ability to use the facilities and services of El Rey or otherwise. You understand and agree that there is a risk of injury associated with participation in any exercise or exercise program and that there exists the possibility for certain conditions occurring during or following training and/or exercise. In recognition of the possible dangers connected with any physical activity, by signing this Membership Agreement, you understand, acknowledge, agree, and hereby voluntarily accept all risk and responsibility associated with the services provided and use of any of the facilities at El Rey Boxing & Fitness Center. You acknowledge that it is your responsibility to disclose any medical information that could limit or prevent you from performing physical activity. You acknowledge that we may require you to provide written physician approval before you may use or participate in any physical activity at El Rey. You acknowledge that you may decrease or stop at any time any physical activity you perform at El Rey and that it is your responsibility to inform El Rey’s staff of any medical symptoms or issues that arise while at El Rey. You hereby waive all claims assume all liability, and release, hold harmless, indemnify, and agree to defend El Rey Boxing & Fitness Center, its directors, officers, employees, respective affiliates, owners, successors, assigns, agents, or representatives from liability for any injury, claim, cause of action, suit, demand, and damages (including, without limitation, personal, bodily, or mental injury; property damage, loss, or theft; economic loss; consequential damages; punitive damages), arising from or related to (1) your failure to disclose any pre-existing conditions, limitations, or sensitivities; (2) your presence on the premises of El Rey; (3) your participation in any El Rey class or use of any equipment at El Rey; and /or (4) any negligence on our part (including our employees). You further expressly agree that this Assumption of Risk, Release, Waiver of Liability, and Indemnification is intended to be as broad and inclusive as permitted by law, and if any portion of this Assumption of Risk, Release, Waiver of Liability, and Indemnification is held invalid, the balance shall be valid and continue in full legal force and effect. These provisions are binding on you, your estate family, heirs, administrators, personal representatives, and assigns.

Binding Individual Arbitration and Class Action Waiver:

This part of the Membership Agreement explains how you and El Rey Boxing & Fitness Center will handle any disputes.

Any disputes arising out of or relating to this Membership Agreement or your use of any equipment at El Rey or your participation in any El Rey class (collectively defined as “ Disputes ”) shall be governed by Texas law regardless of your country or state origin or which El Rey you visit and not withstanding and conflicts of law principles. ANY DISPUTES SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITATION, RATHER THAN IN COURT, AND WITHOUT JURY,

except that you may assert claims in small claims court if your claims qualify. To begin an arbitration proceeding, you must send an email to: admin@elreyboxing.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules (available at www.adr.org). Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation, or scope of this Membership Agreement, and who are proper parties to the arbitration shall be submitted to and ruled on by the Arbitrator. Arbitration costs and reasonable documented attorneys' fees and costs of both parties shall be borne by the party that ultimately loses.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitration awards in any court of competent jurisdiction. We each agree that any dispute resolution proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither you, we, nor any other person may pursue a Dispute in arbitration as a class action, private attorney general action, or other representative action. nor may any Dispute be pursued on your behalf in any litigation in any court except as provided above. You may opt out of binding arbitration and this class action and jury trial waiver by notifying using writing within 30 days of signing this Membership Agreement unless a longar period is required by law. Your email must include your name, your address, and a clear statement that you do not wish to resolve Disputes through arbitration and must be emailed to admin@elreyboxing.com

Additional Terms and Conditions:

Authorization for Phone Calls and Text Messages: By providing your phone number on this Membership Agreement, you agree that El Rey (or someone acting on El Rey’s behalf) may contact you via phone call or text, The phone calls and text messages may include calls and messages about your membership, your account, scheduling classes/sessions, responding to your questions, weather-related closures and updates, new club openings, and related information. Calls and text messages may be sent using a prerecorded or live voice and may use an auto dialer.

Use of Personal Information, Image, Likeness and/or Voice:

El Rey and its members may photograph, record on audio or video, otherwise record El Rey classes or members' use of El Rey. You understand and agree that you may be photographed, recorded on audio or video, or otherwise recorded while at El Rey, and you agree and consent for all purposes to the sale, reproduction, and/or use in any manner of any photograph, audio, video, or other recording or depiction of your likeness and/or voice whatsoever by us, and any nominee or designee of us or them, including without limitation any agency, client, periodical or other publication. in all forms of media, whether now or hereafter devised. throughout the world and in perpetuity, and in all manners, including without limitation advertising, trade, display, editorial, art, and exhibition, You further understand and agree that any such photograph, audio, video, or other recording or depiction of your likeness and/or voice may be modified, altered, cropped, and combined with other content such as images, video, audio, text, and graphics and hereby waive any right that you may have to inspect or approve any finished image, video, or audio containing a depiction of your likeness or voice. You further agree that El Rey may use any information gathered in this form or through your use of El Rey or participation in any El Rey class, provided the information does not personally identify you or provide facts that could lead to your identification, for any purpose, including without limitation research, product and program improvements, and statistical purposes. You agree to hold harmless and indemnify El Rey from and against any and all liability, damage, loss, and/or claims of any kind, including, without limitation, any and all claims and demands relating to libel, invasion of privacy, and violation of publicity rights.

Law Enforcement Information Requests: El Rey may disclose, in its sole discretion, information about El Rey members, including personal information, to law enforcement agency.

In response to a formal or informal request from a law enforcement agency.

Transferability: El Rey may sell, transfer, or assign this Member Agreement. You may not sell, transfer, or assign this Membership Agreement.

Severability: If any part of this Membership Agreement is held invalid (other than the Class Action Waiver clause above), that part shall be deemed excluded from this Membership Agreement and the remainder of this Membership Agreement shall remain in full force and effect. If the Class Action Waiver is held invalid, we agree that any Dispute will be decided by a court rather than by arbitration.

Entire Agreement: You acknowledge and agree that this Membership Agreement and El Rey’s Member Policies and Privacy Policy, as amended and modified from time to time, constitute the entire agreement between you and us, and that El Rey has made no representations or warranties to you, expressed or implied, other than those in this Membership Agreement.