MOTIVATE STUDIOS – CLIENT SERVICES AGREEMENT

This Client Services Agreement (“Agreement”) is entered into between You, the undersigned (“You” or “Client” interchangeably) and Crave Fitness, LLC; VSC Fitness Studios, LLC, and Motivate Studios, LLC, collectively doing business as Motivate Studios (“Motivate Studios”), as of the date of the Agreement below.

I. PAYMENT SUMMARY, MEMBERSHIP TERMS:

1 – PAYMENT SUMMARY: To purchase and participate in a group class or private session with Motivate Studios, You must agree to the terms of this Agreement and those in the Liability Waiver, Agreement to Participate and Release of Claims.

You may purchase individual group classes and/or sessions, or a package of same, via the Motivate Studios application through the third-party platform, MindBody. You will create an “Account” in MindBody and have the option to save a valid and up-to-date debit or credit card on file, and your credit card will be charged for purchases through MindBody.

All sessions are reserved and paid for in advance through Motivate Studios online booking system. All sales are final, notwithstanding local laws. Sessions are not eligible for transfer, exchange, or refund; packages cannot be shared between clients.

All fees and charges (including any taxes and late fees, as applicable) will be charged to a valid and up-to-date debit or credit card on file, as further described below

Package Expiration: ‘Packages’ refers to any purchase of a pre-determined allotment of classes to be redeemed at Motivate Studios. Session credits do not expire, unless indicated otherwise at the time of purchase, such as new member specials and introductory offers. There are no extensions, refunds, or freezes for expiring packages. You are responsible for noting any expiration date; Motivate Studios will not send reminders or follow-up. Remaining credits at the expiration of the package will be forfeited and will not roll-over or be converted into Motivate Studios credit.

Package Policies: By purchasing a package of sessions or classes with Motivate Studios You agree that: (1) Packages are not shared or transferable between members, unless expressly agreed upon by Motivate Studios’ ownership in writing; (2) Introductory Offers are for new clients only (3) expiring packages may not be extended, transferred, refunded, shared, or frozen (4) Motivate Studios will not adjust or extend packages due to accidental bookings or the acts or omissions of clients. The expiration date set on an expiring package is the date on which the sessions in the package may no longer be used; and (5) Clients purchasing packages do so with the express understanding of these terms and agree to be bound by such.

Refund Policy: It is Motivate Studios’ intention for You to be happy with your participation and education in the services. Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the services, all sales are final, and no refunds will be provided.

Chargeback Policy: Unless otherwise provided by law, You acknowledge that all sales are final and Motivate Studios does not offer refunds for any portion of your payment for any of the services at any time, unless explicitly indicated otherwise at the time of purchase. By agreeing to the terms of this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.

Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and You will lose all access to ALL credits purchased from Motivate Studios. You will remain contractually responsible for payment of Services in full.

Payment Processor: Payments made on the Sites are processed by the third-party payment processor, Stripe. You may choose to store a valid and up-to-date debit or credit card on file within your Account for: (1) incidental charges such as late-cancel fees and/or (2) ease of transaction. In such event that an incidental charge needs to be made the cardholder and account holder gives permission to Motivate Studios to charge the card on file. Site.

2 – ACCOUNT: Upon your first purchase of the Services, or first use of the Sites and/or Website, You will be prompted to create an account (the “Account”) with Motivate Studios via third-party hosting platform MindBody. Your Account is protected via password and where You will purchase and book certain Services, access certain purchased products, and securely store credit card information.

3 – MEMBERSHIPS: Motivate Studios offers various “Membership(s)” which refers to both manual and automatic renewing monthly commitments to a certain number of classes. Auto renewing Memberships are billed monthly, automatically renew monthly on the same date of Membership purchase and have a 3-month minimum commitment. Auto renewing Membership will continue to renew each month unless a cancellation is initiated through your Account prior to the auto-renewal date. Failure to timely cancel prior to your next billing date will result in an auto-renewal and an additional month billed.

Membership Freeze/Pause: You may ‘freeze’ your auto renewing Membership only, for a minimum of one (1) week, and a maximum of two (2) weeks. Auto renewing Memberships are eligible for one hold per year at no charge; each additional hold is $25. By freezing your Membership, your billing date will be pushed out accordingly.

All freeze requests must be made via writing in email at least 5-business days prior to the date of requested freeze. Emails shall be directed to Info@MotivateStudios.com and must include: (1) date membership is to be frozen; and (2) date to unfreeze Membership. You understand that your Membership will automatically be unfrozen, and You will be charged on the date provided. If You request to extend the length of your freeze, it is within Motivate Studios’ sole discretion to allow for the extension.

Auto Debit: By purchasing an auto renewing Membership, You expressly agree that Motivate Studios is authorized to charge your selected purchase on the payment method You designate. You authorize Motivate Studios to, on a recurring basis - on the same of the day of each month of the Membership, automatically charge the debit or credit card account You specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Motivate Studios will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Motivate Studios may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Motivate Studios cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) Motivate Studios is not responsible for any bank overdraft fees that may occur.

4 – Membership Cancellation: Auto renewing Memberships are eligible for cancellation following the initial 3-month term, notwithstanding applicable local laws. Auto renewing Membership will otherwise continue to renew each month unless a cancellation is requested at least 5-days in advance of the auto-renewal date. Cancellations can be requested by emailing Motivate Studios at Info@MotivateStudios.com or by cancelling within your Account prior to the next month’s billing date, which is the same calendar day as your original date of purchase. When You cancel prior to the next billing date, You still maintain access to the Membership through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent month and continue to have access until your next billing date, at which point your Membership will be considered cancelled and You will not be billed further.

II. RESERVATIONS AND CANCELLATION POLICIES

1 – RESERVATIONS: You are solely responsible for the booking and canceling of your classes and sessions. You may schedule on the Sites and/or via your Account in MindBody. Once on the Site, You must log into your Account, and purchase a class to secure the reservation. Your reservation is not considered complete until it is paid in full; all reservations and purchases are confirmed via email.

To schedule a private session, email Info@MotivateStudios.com to coordinate schedules with your desired instructor. All scheduling of private sessions is done through a Motivate Studios team member, and not through your Account.

Waitlist: In the event a class is full, You are encouraged to add yourself to the waitlist. If a spot becomes available either before the cancellation window closes OR within the 8-hours from the class time, an email confirmation will be sent to let You know. If You are added to class off the waitlist, it is your responsibility to cancel your reservation if You can no longer attend as to avoid late cancellation penalties.

2 – CANCELLATIONS: Classes must be cancelled at least 8-hours prior to the start of the class time; private sessions must be cancelled at least 8-hours prior to the session start time. If you do not cancel or reschedule before the cancellation window closes, You be considered a late cancel, lose your class or session credit, or incur a fee.

Class cancellations and reschedules may be done online only via (1) your Account, or (2) the confirmation email sent at the time of booking. There are no refunds on cancelled sessions; your Account will be credited the session. Private session cancellations and reschedules are done via email, which must be sent more than 8-hours from the session start time.

If You cancel outside the 8-hour window You will receive a session credit as there are no refunds. If the cancellation is made within the 8-hour cancellation window prior, it will be considered a ‘late cancel’ and the credit will be forfeited, and/or You will be charged the full amount.

If You do not show up to the scheduled class or session it will be considered a ‘no show’ and You will forfeit the class and/or session credit; if You do not have an existing credit, You must pay for the class or session prior to being able to schedule another, or, if You maintain a valid credit/debit card on file will be charged for the class/session upon no-show.

Cancellations made by texting an instructor, Facebook messenger to the studio and/or other social media platforms, are not valid forms of cancellation, and You will be charged if the booked class or session is not properly canceled outside the cancellation window.

In the event of an emergency, Motivate Studios reserves the right to move your session to another mutually agreeable time, or to cancel it outright. In this rare instance, You will not be charged for the changed session, and You session will be promptly rescheduled.

3 – LATE ARRIVALS: You are expected to arrive at your class or private session on-time, with the required equipment (if applicable) and ready to begin your workout. Accordingly, if You do not arrive within the first 5-minutes of the scheduled class time, your spot may be given to someone waiting. For safety purposes, Motivate Studios does not allow members into class past 5-minutes into the start of class; if You arrive past the 5-minute mark Your visit will be considered a late-cancel and You will be charged accordingly.

if You arrive late to your scheduled session, it is within the discretion of the instructor whether to proceed. If You are late and the instructor does proceed with your private session, the session time will not be extended due to Your tardiness and will still end at the scheduled time. If You are so late that it is not feasible to workout, your tardiness will be considered a “late-cancel” and the session will be forfeited.

III. STUDIO POLICIES

1 – STUDIO POLICIES: Instructors are subject to change and classes are subject to cancellation without notice. When possible, an email will be sent communicating the change in the schedule. Subject to any opt-you, You consent to receive noticed from Motivate Studios pertaining to a class or session which You are registered for. Motivate Studios is not responsible if You do not read the notices.

Studio Guests: For safety purposes, and in accordance with local laws, children and pets are not permitted in the studios during class.

Workout Attire, Grip Socks, Cycle Shoes: All clients are asked to wear comfortable, non-restrictive workout gear to the session and classes. No jeans or attire with metal accessories, large zippers, or loose jewelry are allowed on the equipment.

For your safety, and to protect the integrity of the equipment, grip socks are required on all Megaformer machines and spin shoes are required on all spin bikes. Grip socks are available for purchase at the studios, and at local and online retailers; spin shoes are available for rent at the studios.

Cell Phones: Cell phones are not allowed during class. If You have an emergency which requires You to be on-call or that requires You to need to check your phone during class – inform your instructor.

Cleaning: Clients are also responsible for wiping down their machine after class.

2 – CODE OF CONDUCT: Motivate Studios is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Motivate Studios, will not be tolerated. Motivate Studios has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.

3 – MEDIA AND CONTENT RELEASE: You grant Motivate Studios, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Motivate Studios and/or participating in a Service with Motivate Studios, and to use and publish these photos or videos in print and/or electronically.

By agreeing to be filmed, photographed, and/or otherwise documented by Motivate Studios, You, on behalf of yourself, heirs, representatives, executors, and assigns, irrevocably grant Motivate Studios the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without my name, without compensation, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content. You further agree that Motivate Studios is the lawful owner of all digital files, and accordingly, waive any right that You may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use of which may be applied.

IV. MISCELLANEOUS

1 – MEDICAL RELEASE AND CONSENT TO TREATMENT: You acknowledge that You should consult with a physician prior to beginning any exercise program and that You are not aware of any medical condition that would render You unfit to participate in a session. You will notify Motivate Studios immediately of any change in medical condition, including pregnancy, as soon as reasonably possible.

If in the subjective opinion of Motivate Studios, You would be at physical risk participating in a Motivate Studios workout, You understand and agree that You may be denied access to the session or until You furnish Motivate Studios with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Motivate Studios’ concerns and stating that Motivate Studios’ concerns are unfounded.

You agree that if You experience any symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not You are under direct and/or in-person supervision of a trainer, You will immediately stop exercising and inform a representative of Motivate Studios of your symptoms. You authorize any representative of Motivate Studios to obtain emergency medical treatment for You, including transportation to a hospital, urgent care, or other medical facility.

2 – TACTILE CUEING: It is sometimes necessary for the instructor to physically touch You to attain the proper form for an exercise. By agreeing to the terms of this Agreement, You consent to such appropriate physical contact.

3 – EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Motivate Studios related to private sessions, the studio, and your participation therein. By entering into this Agreement, You give Motivate Studios permission to email You, at the email address on file, regarding the same.

4 – CALIFORNIA DISCLOSURES: Per California Civil Code, 1812: This Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Motivate Studios’ services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty-five (25) miles from Motivate Studios. The member shall provide proof of new residence.

You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth (5th) business day of the health studio after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to Cereza Richeson at 2234 Honolulu Ave Montrose, CA 91020 OR Info@MotivateStudios.com.

ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING

By signing below, You hereby agree that You shall abide by all the terms, conditions and policies embodied within this Client Services Agreement.

Print Name: ____________________________________ Signature: ____________________________________

Date: ______________________________________

Name and signature of parent/guardian if participant is under 18 years of age:

______________________________________________________________________________________________________________

Emergency Contact Information:

Print Name: _______________________________________ Relationship: _________________________________

Phone Number: ______________________________________