MOTIVATE STUDIOS – CLIENT SERVICES AGREEMENT

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

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, private sessions, or packages through the Motivate Studios app or online booking system, which uses the third-party platform Mindbody. You will create an account (“Account”) in Mindbody and may choose to save a valid, current debit or credit card for purchases.

All sessions must be reserved and paid for in advance through Motivate Studios’ online booking system. Except as otherwise required by applicable law, all sales are final. Sessions may not be transferred, exchanged, or refunded, and packages may not be shared between clients.

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

Package Expiration: Standard class packs do not expire. Introductory offers, new-member specials, and other expressly time-limited purchases expire as indicated at purchase. One-month memberships expire 30 days after activation unless otherwise stated at purchase. There are no extensions, refunds, or freezes for expiring packages, except as required by law. You are responsible for noting applicable expiration dates; Motivate Studios will not send reminders. Unused credits on an expiring purchase 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, You agree that: (1) packages are not shared or transferable between members unless Motivate Studios’ ownership expressly agrees in writing; (2) introductory offers are for new clients only; (3) expiring packages may not be extended, transferred, refunded, shared, or frozen, except as required by law; (4) Motivate Studios will not adjust or extend packages due to accidental bookings or the acts or omissions of clients; and (5) You understand and agree to any expiration date disclosed at purchase.

Refund Policy: It is Motivate Studios’ intention for You to be happy with your participation in the services. Due to the time, effort, preparation, and care involved in providing the services, all sales are final and no refunds will be provided, except as otherwise required by applicable law.

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 through third-party payment services, including Stripe and/or Mindbody as applicable. You may choose to store a valid and up-to-date debit or credit card on file within your Account for incidental charges, such as late-cancellation fees, and for ease of transaction. If an incidental charge is incurred, the cardholder and Account holder authorize Motivate Studios to charge the card on file.

2 – ACCOUNT: When You first purchase services or use the online booking system, You will be prompted to create an Account through Mindbody, Motivate Studios’ third-party booking platform. Your Account is password-protected and allows You to purchase and book services, access eligible purchases, and securely save payment information.

3 – MEMBERSHIPS: Motivate Studios offers various memberships, including manually renewed and automatically renewing monthly memberships. Automatically renewing memberships are billed monthly on the same calendar day as the original purchase date, subject to billing-system adjustments. Monthly memberships may be canceled at any time, without a three-month minimum commitment, subject to the cancellation and billing terms below. Unless canceled before the next renewal, an automatically renewing membership will renew and the next month will be billed. Unlimited memberships permit one class per day.

Membership Freeze/Pause: You may freeze an automatically renewing membership for a minimum of one (1) week and a maximum of two (2) weeks per hold. One hold of up to two weeks is complimentary per calendar year; each additional hold costs $25 per two-week period or portion thereof. Documented medical holds are complimentary, subject to submission of a doctor’s note. Freezing a membership pushes the billing date out accordingly.

All membership freeze requests must be submitted by email to Info@MotivateStudios.com at least five (5) business days before the requested start date. Include both the requested freeze and unfreeze dates. Your membership will automatically resume, and billing will resume on the applicable date. Extensions are subject to Motivate Studios’ approval.

Auto Debit: By purchasing an automatically renewing membership, You authorize Motivate Studios to charge Your designated debit or credit card automatically on each billing date for the applicable membership amount and any fees permitted under this Agreement. Charges will not exceed the amounts disclosed on the applicable billing invoice or otherwise authorized under this Agreement. You are responsible for maintaining accurate, current payment information. Motivate Studios may suspend recurring billing if payment cannot be processed due to insufficient funds, an expired card, or inaccurate payment information. Motivate Studios is not responsible for overdraft fees imposed by Your financial institution.

4 – Membership Cancellation: Monthly automatically renewing memberships may be canceled at any time. To avoid the next renewal charge, cancel before the next billing date through Your account on the Motivate Studios website (not the app). You may also email Info@MotivateStudios.com for assistance with cancellation. Cancellation stops future renewals and does not retroactively refund charges already processed, except as required by applicable law. After cancellation, You retain access through the end of the paid billing period. If cancellation occurs after the next renewal has been processed, that renewal will remain charged and cancellation will take effect for the following billing cycle.

II. RESERVATIONS AND CANCELLATION POLICIES

1 – RESERVATIONS: You are responsible for booking and canceling Your classes and sessions. Reservations may be made through the Motivate Studios online booking system or Your Mindbody Account. A reservation is confirmed only after the applicable payment or class credit has been applied. Booking confirmations are sent by 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: If a class is full, You may join the waitlist. If a spot opens more than eight (8) hours before class, You may be added automatically and notified by email. If a spot opens within eight (8) hours of class, You may receive a text offering the spot and must accept it to confirm the reservation. Once confirmed, a reservation is subject to the cancellation and no-show policies. You are responsible for monitoring Your booking confirmations and waitlist notifications.

2 – CANCELLATIONS: Group classes and private sessions must be canceled at least eight (8) hours before their scheduled start times. A cancellation within eight hours is a late cancellation; failure to attend is a no-show. Applicable credits may be forfeited and fees assessed as described below.

Class cancellations and reschedules must be completed online through Your Mindbody account. Texts to instructors, social media messages, and emails do not constitute valid group-class cancellations. Private-session cancellations and reschedules are handled by email to Info@MotivateStudios.com and must be requested at least eight (8) hours before the session. Timely cancellations restore the applicable session credit; they do not generate cash refunds.

Group-Class Fees: For class packs and other non-unlimited plans, a late cancellation forfeits the class credit. A no-show forfeits the class credit and incurs an additional $15 fee. For unlimited memberships, a late cancellation incurs a $15 fee and a no-show incurs a $25 fee. These charges apply to confirmed reservations, including confirmed waitlist bookings.

Private Sessions: A late cancellation or no-show for a private session forfeits the session credit or incurs the full session charge, as applicable. If no valid credit is available, payment may be required before another session can be booked.

Cancellations sent by text message to an instructor, Facebook Messenger, or other social media platforms are not valid. Applicable fees or credit forfeitures will apply if a reservation is not canceled through an approved method before the cancellation deadline.

If an emergency requires Motivate Studios to change or cancel a session, Motivate Studios may offer another mutually agreeable time or cancel the session. You will not be charged for a session canceled by Motivate Studios, and any applicable credit will be restored or the session rescheduled.

3 – LATE ARRIVALS: First-time clients should arrive at least ten (10) minutes early for orientation. All clients are expected to arrive on time with required equipment and ready to begin. If You arrive more than five (5) minutes after a group class begins, You will not be admitted for safety reasons, Your spot may be given away, and the reservation will be treated as a late cancellation under the applicable policy.

If You arrive late to a private session, the instructor may decide whether the session can proceed safely. If the session proceeds, it will still end at the originally scheduled time. If Your late arrival makes the session impracticable, it will be treated as a late cancellation, and the session credit will be forfeited.

III. STUDIO POLICIES

1 – STUDIO POLICIES: Instructors and class schedules may change without notice. When practicable, Motivate Studios will send an email about a schedule change. Subject to any applicable communication preferences or opt-out rights, You agree to receive notices about classes or sessions for which You are registered. You are responsible for reviewing those notices.

Studio Guests: The minimum age to participate is sixteen (16). Clients under eighteen (18) must have a waiver signed by a parent or legal guardian. For safety purposes, children who are not participating and pets are not permitted in the studios during class.

Workout Attire, Grip Socks, Cycle Shoes: Clients should wear comfortable, nonrestrictive workout clothing. Jeans and clothing with metal accessories, large zippers, or loose jewelry are not permitted on the equipment.

For safety and to protect the equipment, grip socks are required on Megaformer machines, and cycling shoes are required on cycling bikes. Grip socks are available for purchase at the studios and from other retailers. Cycling shoes are available to rent at the studios.

Cell Phones: Cell phone use is not permitted during class. If an emergency requires You to remain available by phone, please inform Your instructor before class.

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

2 – CODE OF CONDUCT: Motivate Studios is committed to providing a safe environment free from disrespectful, offensive, harassing, inappropriate, or discriminatory behavior. Repeated disruptive conduct will not be tolerated. Motivate Studios may determine whether conduct violates this policy and take appropriate action, including terminating a client’s training relationship without a refund for unacceptable behavior, subject to applicable law.

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 Motivate Studios determines that participation may pose a physical risk to You, Motivate Studios may deny You access to a session until You provide a letter from Your physician, at Your expense, addressing the identified concerns and confirming that You may safely participate.

If You experience shortness of breath, chest pain, unusual fatigue, dizziness, fainting, extreme pain, or other concerning symptoms, You agree to stop exercising immediately and inform a Motivate Studios representative, whether or not a trainer is directly supervising You. You authorize Motivate Studios representatives to seek emergency medical assistance for You, including transportation to a hospital, urgent care center, or other medical facility.

2 – TACTILE CUEING: An instructor may need to touch You appropriately to help correct Your exercise form. By agreeing to this Agreement, You consent to such appropriate physical contact.

3 – EMAIL COMMUNICATIONS: You may receive emails from Motivate Studios concerning private sessions, studio operations, and Your participation in services. By entering into this Agreement, You authorize Motivate Studios to send these service-related emails to the address associated with Your Account.

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 Motivate Studios at 2234 Honolulu Ave Montrose, CA 91020 OR Info@MotivateStudios.com.

ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING

By signing below, You acknowledge that You have received, read, and agree to comply with the terms, conditions, and policies in 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: ______________________________________