MEMBERSHIPS ARE NON-REFUNDABLE Short-term memberships are non-refundable except for the conditions listed in Member’s Right to Cancel section below. CONDITIONS OF MEMBERSHIP A membership is not transferable, in full or in part, by Member for any reason whatsoever, and no subsequent modification of this Agreement may be made except in writing and agreed to by all parties. All applications for Membership are subject to approval by Courhouse Fitness, which shall have sole discretion to approve or reject applications for any reason whatsoever. If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees in both the trial and appellate courts. It is intended that this Agreement comply with all applicable laws and regulations and, to the extent that any provision be unlawful, that the rest of the Agreement remain in full force and effect. Member on behalf of him/herself, and his/her heirs, executors, administrators and assigns, hereby acknowledges that use of Courthouse Fitness facilities and services may be dangerous and hazardous and may involve dangerous and hazardous conditions both obvious and latent and Member hereby assumes all risk to his person and property arising out of Member’s use hereof. Courthouse Fitness shall not be liable for any injury, loss, theft, or damage to person and/or property. Member, on behalf of him/herself, and his/her heirs, executors, administrators and assigns does hereby expressly forever release and discharge Courthouse Fitness, its officers, directors, employees, operators and agents, and its succesors and assigns, from all such claims, demands, injuries, damages, actions and causes of action. Member further agrees to indemnify and hold Courthouse Fitness harmless for all legal expenses incurred in defending against any claim or suit brought against Courthouse Fitness to recover for damages sustained through accident or injury caused by Member. Hours of operation are subject to reasonable adjustment at the discretion of Courthouse Fitness management, including but not limited to changes for holidays, special occasions and for the performance of maintenance to facilities. Whenever possible, notice of such changes will be posted on Courthouse Fitness premises. Should all Courthouse Fitness facilities be unavailable for Member use for a period exceeding seven days due to damage by fire, act of God, catastrophe, accident, construction or extraordinary maintenance, the membership time for Member shall be extended for a like period. Courthouse Fitness shall have the right to terminate a membership whenever management determines, in its sole discretion, that the continued existence of the membership is no longer in the best interest of Courthouse Fitness or other members. The following non-exclusive list of occurrences may constitute the basis for termination of a membership: when Member’s account is 45 or more days past due; when Member violates a Courthouse Fitness policy, procedure, or condition of membership; when Member abuses, destroys, or wrongfully damages Courthouse Fitness premises or property, which includes it’s business reputation; when Member abuses, verbally or physically harasses, threatens, intimidates, or defames other members or Courthouse Fitness employees; when Member engages in theft of any property belonging to Courthouse Fitness or to a member or visitor; or when Member engages in the unauthorized use of, or conducts unauthorized activities on Courthouse Fitness premises. In the event Courthouse Fitness elects to terminate a membership, with or without cause, Member shall receive a refund of any membership dues paid for the period extending beyond the date of Member’s termination. All fees are due and payable in advance. To avoid late payment charges, Member’s payment must be received IN FULL in the Courthouse Fitness corporate office by the 10th of each month. Should collection procedures become necessary, Member shall pay all collection fees. Membership privileges will be suspended when an account becomes 30 days past due. Membership privileges will be restored when account balance, plus any late charges, are paid in full. Member is responsible for all dues which accumulate until account is paid or membership is terminated. MEMBER’S RIGHT TO CANCEL IF YOU WISH TO CANCEL THIS AGREEMENT, WITHOUT PENALTY, YOU MAY CANCEL IT BY DELIVERING OR MAILING BY CERTIFIED MAIL A WRITTEN NOTICE TO COURTHOUSE FITNESS. THE NOTICE MUST SAY THAT YOU DO NOT WISH TO BE BOUND BY THE AGREEMENT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS AGREEMENT. THE NOTICE MUST BE MAILED TO: COURTHOUSE FITNESS, P.O. BOX 3125, SALEM, OREGON 97302. IF YOU CANCEL WITHIN THREE DAYS, COURTHOUSE FITNESS WILL RETURN TO YOU WITHIN 15 DAYS ALL AMOUNTS YOU HAVE PAID. In addition, you may cancel this Agreement for the following reasons: a) If you die or become physically unable to use a substantial portion of those health club services used by you from the date of this membership agreement until the time of disability. Your disability must be confirmed by an examination of a physician agreeable to you and Courthouse Fitness. b) If Courthouse Fitness goes out of business. c) If Courthouse Fitness moves its facility closest to your residence on the date of the Membership Agreement to a location more than five additional miles from that residence. d) If a facility, construction or improvement is not completed by the date represented in the membership agreement. e) If Courthouse Fitness materially changes the health club services promised as part of the initial Membership Agreement. If you choose to cancel your Membership Agreement for reasons a) through e) stated above, you will receive a refund of any dues paid, up to an amount computed by dividing the total amount of dues paid in the month of cancellation by the number of weeks in the month for which the dues were paid and multiplying the result by the number of weeks remaining in the month. The reasonable administrative costs associated with the establishment of your membership, including any joining fee, will not be refunded. Any liquidated damage clause mentioned in this agreement will not apply to memberships that are terminated under the conditions mentioned above.