Effective date: September 8, 2021

SMB Fitness LLC (“us”, “we”, or “our”) operates www.smb.fitness website (the “Service”).

SMB Fitness LLC, hereinafter referred to as “the company”, “we”, “SMB”, and “SMB Fitness” may change the terms and conditions at any time. The customer, hereinafter referred to as “the member”, “you”, “yourself”, “member”, “members”, and “I” have the responsibility to read the latest and most current terms and conditions at any time desired.

I acknowledge that I have been informed of the need to obtain a physician’s examination and approval prior to beginning this exercise program. I fully understand that the program may be strenuous and choose to participate completely voluntarily. I accept the responsibility for my health and any resultant injury or mishap that may affect my wellbeing of health in any way. I hold harmless of any responsibility, the instructor, facility or any persons involved with this program, assessment and/or testing procedure. All members are advised and encouraged to consult with his/her personal physician before beginning use of fitness or exercise facilities and/or equipment or participating in any physical activity.

Member (as referred to herein, Member may include primary Member, his/her dependent(s)) acknowledge that he or she is physically able to engage in all physical exercises, activities, and programs provided and agrees that all exercise, activities, programs, and use of the Facility’s equipment and premises are undertaken at his or her own risk.

Member further understands that SMB Fitness LLC cannot be responsible for articles lost or stolen. Member hereby waives, releases and forever discharges SMB Fitness LLC and its officers, employees, agents, representatives and all others acting on its behalf from any and all claims or causes of action (known or unknown) for any and all injury, illness, damage or loss that may occur to Member or any property belonging to Member as a result of Member participation in any aspect of the activities, facilities, programs and services offered at or by SMB Fitness LLC, from all liability for bodily injury or loss to property from any cause whatsoever arising from the use of the facility or premises.

The Member has read this agreement and fully understands its terms. Member is aware that this agreement includes a release and waiver of liability, assumption of risk, and an agreement to indemnify the releases. Member understands he/she have given up substantial rights by agreeing to this agreement, and agree to it freely and voluntarily without any inducement.

CHILDREN’S PRIVACY

Parental consent for student plan membership, (for participants under the age of 18) I, the undersigned parent or legal guardian of the child in this membership, have read the above Waiver, Release, and Indemnity Agreement and agree to its terms on behalf of my child and myself. I understand that by signing up, I am giving up substantial rights on behalf of my child and myself.

BILLING

Billing will occur on the same calendar day each month — one month after the start date. Member will be charged $20 for any Auto Pay that doesn’t go through. The only payment method we accept is credit/debit cards via our online payment system. If the payment for your subscription(s) gets declined, you will not be able to train at our facility until you have made a successful payment. Our system will try to process your monthly membership a total of 3 times if the first time fails. If your membership fails to process successfully due to insufficient funds, your account will be placed on an “on hold” status and you will not be able to train at our facility.

To process a payment you can do so by selecting your membership at checkout and choosing the payment method you wish to pay with.

CANCELLATIONS

Because all of our subscriptions and account handling are done automatically by the system, the system has its own way of processing cancellations and therefore cancellations can not be done manually.

Our fitness plans are non-refundable. For cancellations, please submit our online cancellation request form. All monthly memberships require a minimum of 30 days written notice prior to the next billing date to ensure cancellation of automatic payments. There are no prorates available and you will be subject to payment for the following month if your request is less than 30 days from the next scheduled billing cycle. A photo

ID containing the name of the registered member must be uploaded via the cancellation form for verification purposes. If you’re unable to upload a photo ID, you may download and print the written cancellation form so that you may fill it out with your name, associated email, and your signature. Once the written form is signed and filled out, you may scan it and upload it on the same page you downloaded the form. Written forms may not be handed in person at any of our facilities under any circumstances.

All cancellation requests for monthly memberships require to be submitted a minimum of 30 days prior to the next billing date to ensure cancellation of automatic payments. There are no prorates available and you will be subject to payment for the following month if your request is less than 30 days from the next scheduled billing cycle.

SMB FITNESS WAIVER

By agreeing to this document, I authorize the use of the following personal information:

(1) My picture including photographic, motion picture, and electronic (video) images. (2) My voice including sound and video recordings.

I hereby authorize to the right to use, publish, and reproduce, for all-purpose, my name, pictures of me in film or Electronic (video) form, sound and video recordings of my voice, and printed and electronic copy of the information described in sections (1) and (2) above in any and all media including without limitation, cable and broadcast television and the Internet and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media. This permission shall continue forever unless I revoke the permission in writing.

I further grant the right to give, market, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit, I hereby waive the right to receive any payment for signing this release or for any of the purposes authorized by it.

SMB Fitness, employees, agents or affiliates do not make any guarantees of results that may be obtained from our fitness programs or services. SMB Fitness makes no claims or warrants any results.

I acknowledge that I have read the foregoing and I fully understand the contents.

PRIVACY POLICY

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.smb.fitness

INFORMATION COLLECTION AND USE

We collect several different types of information for various purposes to provide and improve our Service to you.

TYPES OF DATA COLLECTED PERSONAL DATA

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to: ● Email address

● First name and last name of member

● Phone number

● Address, State, Province, ZIP/Postal code, City

● Cookies and Usage Data

USAGE DATA

We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

TRACKING & COOKIES DATA

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

● Session Cookies. We use Session Cookies to operate our Service. ● Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

● Security Cookies. We use Security Cookies for security purposes. USE OF DATA

SMB Fitness LLC uses the collected data for various purposes:

● To provide and maintain the Service

● To notify you about changes to our Service

● To allow you to participate in interactive features of our Service when you choose to do so

● To provide customer care and support

● To provide analysis or valuable information so that we can improve the Service

● To monitor the usage of the Service

● To detect, prevent and address technical issues

TRANSFER OF DATA

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.