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*"STAFFED-HOUR" AUTO PAY MEMBERSHIP, 6-MONTH MINIMUM CONTRACT

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*1 YEAR "STAFF HOUR" MEMBERSHIP, 1 YEAR MINIMUM CONTRACT

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1 YEAR "VIP" ALL ACCESS MEMBERSHIP, 1 YEAR MINIMUM CONTRACT

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            .                                                                                 IRON FACTORY GYM LLC
                                                                               MEMBERSHIP AGREEMENT


	*DEFINITIONS*

Where used throughout this Membership Agreement, the terms below possess the following meanings:

a.	“You,” “Your,” or “Yourself” means you, the Member applicant

b.	“Iron Factory,” “Iron Factory Gym,” or, simply, the “Gym” means Iron Factory Gym LLC

c.	“Family” or “Family Member” means Your spouse and those related to you through the first degree of consanguinity (parent-child or sibling)

d.	“Parties” shall refer collectively to the parties to this Agreement to wit:  Iron Factory Gym LLC, You, and any others bound by this Agreement including Family Members

e.	“Contract” or “Agreement” means the herein Membership Agreement

f.	“Premises” refers to the physical location of Iron Factory Gym LLC at 595 Racetrack Road, Washington, Washington County, Pennsylvania 15103

g.	“Facilities” means all of those areas located on the Premises designated for Member use and as further defined below

h.	“Member” or “Membership” refers to Your rights and obligations created under the terms and conditions of this Membership Agreement upon execution and acceptance of the same

i.	“Membership Option” shall be the particular type of Membership selected by You

j.	“Effective Date” shall be the date Your Membership commences

k.	“Term” means the duration of this Agreement as further defined below

l.	“Bond” means the surety bond as further defined below

m.	“Membership Card” as defined below

n.	“Rules and Regulations” as defined below

o.	“Releases” as defined below

p.	“VIP Facilities” means all of those areas located on the Premises designated for VIP Member use and as further defined below

q.	“Tanning Equipment” or “Tanning Device” means any equipment that emits radiation used for tanning of the skin, such as a sunlamp, tanning booth or tanning bed that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nano-meters. The term includes any accompanying equipment, such as protective eye-ware, timers and handrails.


	 *TERM OF CONTRACT

a.	The Term of this Membership Agreement shall commence on the Effective Date and shall run for the length of time determined by the Membership Option selected by You, subject to renewal from time-to-time according to the terms of said Membership Option.
b.	Notwithstanding any other provision of this Membership Agreement to the contrary, should the Gym temporarily close for a period of 30 days or less, the Term of this Membership Agreement shall be extended for a period of time equal to the number of days of the temporary closure at no additional cost to You.
c.	Notwithstanding any other provision of this Membership Agreement to the contrary, You may extend the Term of this Membership Agreement at no additional cost to You for a period of time equal to the duration of a disability where You have a disability that precludes you from using one-third (1/3) or more of the Facilities for a period of less than six months and the disability is verified by a physician.


        *MEMBERSHIPS

All six-month memberships require an additional enrollment fee in the amount of $53.00.  Staffed hours are defined as Monday-Thursday 8:00 a.m. – 9:00 p.m., Friday 8:00 a.m. – 6:00 p.m., Saturday 8:00 a.m. – 5:00 p.m., and Sunday 8:00 a.m. – 3:00 p.m., exclusive of holidays and emergencies, and further subject to periodic change after posting on the gym premises.  Membership rates are only locked in for the duration of the applicable plan and are subject to modification from time-to-time upon term renewal.  If an automatic payment Membership Option is selected, Your Membership will automatically renew on a month-to-month basis following the initial six (6)-month Term, so long as no outstanding balance is due on Your account.  Notwithstanding any other provision herein, Your right to cancel or terminate Your Membership is otherwise subject to Iron Factory’s policies relative to automatic payments.  All membership and enrollment fees are due in full upon purchase and execution of Membership Agreement.


	*CANCELLATION

a.	You may cancel this Membership Agreement if any one of the following shall occur: 
i.	Under Pennsylvania law, you may cancel this Membership Agreement, without penalty, within three (3) business days of Your signing and receipt of a fully executed copy of this Agreement.  Upon receipt of notice of cancellation under this subpart, Iron Factory will refund You all monies paid pursuant to the terms of this Agreement, including enrollment fees.
ii.	You may cancel this Membership Agreement if the Gym closes for more than thirty (30) days and Iron Factory fails to provide You with a comparable facility located within ten (10) miles of the Premises.  Upon receipt of notice of cancellation under this subpart, Iron Factory shall refund to You all moneys paid in excess of an amount computed by dividing the full Contract price, including any enrollment fee, by the number of weeks in the Contract Term and multiplying the result by the number of weeks elapsed in the Contract Term.
iii.	You or Your legal representative may cancel this Agreement if You die or become permanently disabled.  A permanent disability means a condition which precludes You from using one-third (1/3) or more of the Facilities for six (6) months or more and the condition is verified by a physician.  Upon receipt of notice of cancellation under this subpart, Iron Factory shall refund to You all moneys paid in excess of an amount computed by dividing the full Contract price, including any enrollment fee, by the number of weeks in the Contract Term and multiplying the result by the number of weeks elapsed in the Contract Term, less an administrative fee of Fifty and 00/100 ($50.00) Dollars.  Iron Factory may require You to submit to a physical examination by a physician agreeable to You and Iron Factory at the sole cost and expense of the Gym. 
iv.	You may cancel this Contract if You move more than twenty-five (25) additional miles from the Gym and You are unable to transfer the Contract to a comparable facility located within five (5) miles of Your new residence.  Upon receipt of notice of cancellation under this subpart, Iron Factory shall refund to You all moneys paid in excess of an amount computed as of the date of relocation by dividing the full Contract price, including any enrollment fee, by the number of weeks in the Contract Term and multiplying the result by the number of weeks elapsed in the Contract Term, less an administrative fee of Fifty Three and 00/100 ($53.00) Dollars.
b.	To cancel this Contract pursuant to the terms hereunder, you must notify Iron Factory Gym of the cancellation by completing the cancellation form provided by Iron Factory Gym and returning the same, by certified mail, return receipt requested, or by personal delivery, to the Premises address.  All money to be refunded upon cancellation of this Contract shall be paid within forty (40) days of receipt of the notice of cancellation.  If You have executed a credit, lien or automatic funds transfer agreement with Iron Factory to pay for Gym services, any negotiable instrument or credit or lien agreement executed by You shall also be returned and any automatic transfer shall be canceled within forty (40) days after the cancellation.
c.	Notwithstanding any other provision herein, your right to cancellation hereunder is otherwise subject to Iron Factory’s policies relative to automatic payments, if applicable.


          *BUYER'S RIGHT TO CANCEL 

If You wish to cancel this Contract, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to Iron Factory Gym LLC.  The notice must say that You do not wish to be bound by the Contract and must be delivered or mailed before twelve (12) midnight of the third business day after You sign and receive a copy of this Contract.  The notice must be delivered or mailed to Iron Factory Gym LLC at 595 Racetrack Road, Washington, Pennsylvania 15103.  In some cases You may also cancel this Contract if You signed it before the Gym was completed, if the Gym moves or goes out of business, if You become permanently disabled or if You move from the area.  If You cancel, Iron Factory may be entitled to a certain portion of the Contract price. If the Gym goes out of business or refuses to give You a refund, there may be a bond or letter of credit under which You are entitled to collect.  For details, read Your contract carefully.  Enforcement of the Health Club Act is by the Attorney General of the Commonwealth of Pennsylvania or the District Attorney of the County in which the Gym is located.  You may also bring a private cause of action.  If Your rights are violated, you may contact the State Bureau of Consumer Protection or Your local District Attorney.


	*CLAIMS AND DEFENSES 

Any holder of this Contract or note is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof.  Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

	*USE OF FACILITIES

a.	Your Membership entitles You to the use of the Gym Facilities which are limited to the designated training areas and equipment, the locker rooms, the parking lot, and such other areas of the Premises that are expressly made available to Members by Iron Factory.  Access to all other areas of the Premises without express authorization Iron Factory Gym LLC is strictly prohibited.  Only VIP Members shall have access to VIP Facilities as designated by Iron Factory Gym LLC.
b.	All Members will be issued a Membership Card that must be presented to Iron Factory staff upon entering the Facilities during staffed hours.  If You purchased a twenty-four (24) hour Membership Option, Your Membership Card will provide you with access to the Facilities during non-staffed hours.  You will not be granted admittance to the Facilities without Your Membership Card.  If Your Membership Card is lost, stolen, destroyed, or otherwise becomes unusable or unavailable, a replacement Membership Card may be purchased at a cost of Five and 00/100 ($5.00) Dollars per replacement.  Each Membership Card issued by Iron Factory may only be used by the Member for whom it was issued.  Membership Cards are nontransferable.
c.	Members who purchased a twenty-four (24) hour Membership Option will have access to the Gym Facilities during non-staffed hours.  Under Pennsylvania’s Health Club Act, the Gym is required to be equipped with certain safety devices as follows:  1) at least one automated external defibrillator; 2) appropriate signage; 3) a panic button; 4) a 911 telephone; and 5) at least four personal security devices.  The location of each safety device is depicted on various floor plan maps prominently posted on the Premises.  By signing this Membership Agreement, You acknowledge that You underwent a Gym orientation performed by an authorized Iron Factory representative and You received all instructions regarding the use of the Gym during non-staffed hours, including the location and use of the aforementioned safety equipment. 
d.	Only Members who have purchased a VIP Membership shall have access to Tanning Equipment and such access shall only be during staffed hours.  Eye protection will be provided to each such Member prior to each tanning session.  Failure to use eye protection may result in damage to the eyes.  Overexposure to ultraviolet light causes burns.  Repeated exposure may result in premature aging of the skin and skin cancer.  Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain foods, cosmetics, or medications, including tranquilizers, diuretics, antibiotics, high blood pressure medicines, and birth control pills.  Any person taking a prescription or over-the-counter drug should consult a physician before using a Tanning Device.  A person with skin that always burns easily and never tans should avoid a Tanning Device.  A person with a family or past medical history of skin cancer should avoid a Tanning Device.  No person under the age of 18 shall be permitted to use a Tanning Device.
d.1.  "INITIAL TANNING WARNING STATEMENT''
      (1) Failure to use the eye protection provided to the customer by the tanning facility may result in damage to the eyes. 
      (2) Overexposure to ultraviolet light causes burns. 
      (3) Repeated exposure may result in premature aging of the skin and skin cancer.
      (4) Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain:
               (i) foods;
               (ii) cosmetics; or
               (iii) medications, including:
                              (A) tranquilizers;
                              (B) diuretics;
                              (C) antibiotics;
                              (D) high blood pressure medications; or
                              (E) birth control pills. 
      (5) Any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device.
      (6) A person with skin that always burns easily and never tans should avoid a tanning device.
      (7) A person with a family or past medical history of skin cancer should avoid a tanning device.
e.	As a Member of Iron Factory Gym LLC, you hereby agree to abide by the Rules and Regulations of the Gym that are posted on the Premises or that otherwise published or amended by Iron Factory from time-to-time.  The Rules and Regulations are hereby incorporated herein by reference thereto and made a part of this Agreement.  Rules and Regulations, Facilities, equipment, hours, and amenities are subject to change, without prior notice, at the sole discretion of Iron Factory Gym LLC.
f.	Your Membership does not include lessons, classes, training sessions, special programs, or rentals which may be purchased by You for an additional charge if available.  Certain Facilities, including equipment, may not be available at all times.



	*FINANCIAL SECURITY INFORMATION

a.	As required under the Pennsylvania Health Club Act, 73 Pa. Stat. Ann. §§ 2161 et seq., Iron Factory Gym LLC has obtained a surety bond in the amount of Fifty Thousand and 00/100 ($50,000.00) Dollars (the “Bond”) from Old Republic Surety Company of 455 South Moorland Road, Suite 301, Brookfield, Wisconsin 53005 (“Old Republic”).  The purpose of this Bond is to refund Iron Factory Members, such as You, who may sustain any loss or damage as a result of a breach of Contract or bankruptcy of Iron Factory Gym LLC.  
b.	In the event that Iron Factory Gym declares bankruptcy, breaches the terms of this Contract, or fails to adhere to the requirements for health club contracts as specified by Section 3 of the Health Club Act, 73 Pa. Stat. Ann. § 2163, after giving written notice of a claim to Iron Factory Gym LLC and after not having received a refund from Iron Factory within thirty (30) days of said notice, then You may file a claim with Old Republic.  If the claim is not paid within forty-five (45) days, You may bring an action based on this Bond and recover against Old Republic.
c.	Any claim under this Bond shall be filed no later than six (6) months from the date on which the injury occurred.
d.	The aggregate liability of this Bond to all persons shall in no event exceed the amount of this Bond.  If claims filed exceed the amount of this Bond, Old Republic shall distribute the amount of the Bond as a standard percentage of the amount claimed by all Members seeking relief under this Bond.


	*RELEASE OF LIABILITY & WAIVER OF RIGHTS

a.	By executing the herein Membership Agreement, You hereby represent that You understand all that Your Membership entails, including the risks involved, and that You are qualified, in good health, and in proper physical and mental condition to participate in the Gym activities in which you seek to engage.  You fully understand that Your use of the Gym and its Facilities, including VIP Facilities, involves risks of serious bodily injury and/or death and/or property damage, including which may be caused in whole or in part by Your own actions, or inaction's, by others participating in Gym activities or using the Facilities, by the conditions under which the activities takes place, or by the negligence of Iron Factory, its representatives, or independent contractors, and that there may be other risks either not known to me or not readily foreseeable at this time.  You hereby acknowledge that You are voluntarily entering into this Membership Agreement, participating in Gym activities, and entering upon the Premises with full knowledge of all risks associated with or in any way related to the same which You hereby accept and assume and You further hereby accept and assume all consequences and responsibilities for any loss, cost, damage, injury, and/or death that You may experience as a result of Your voluntary engagement in this Membership, participation in Gym activities, use of the Facilities, or otherwise entry upon the Premises.
b.	You, for Yourself and, by these presents, do for Your heirs, beneficiaries, successors, executors, administrators, assigns, insurers, and re-insurers, together with any and all other persons, firms, or entities, hereby expressly waive, release, and forever discharge any and all claims now known or hereafter known in any jurisdiction throughout the world, against Iron Factory Gym LLC, its respective administrators, directors, agents, affiliates, servants, officers, volunteers, employees, successors, and assigns, other participants in Gym activities, any sponsors, advertisers, and, if applicable, owners, associations, foundations, authorities, and/or lessors of the Premises upon which the Gym operates, (collectively referred to herein as the “Releases”), in any way resulting from, arising out of, or in any way attributable to Your Membership, Your participation in Gym activities, Your use of the Facilities, including VIP Facilities, or Your otherwise entry upon the Premises, whether caused in whole or in part by the negligence of the Gym or any Releases or otherwise, including, but not limited to, any negligent rescue operations.  You covenant not to make or bring any such claim against Iron Factory Gym LLC or any other Releases and forever release and discharge Iron Factory and all other Releases from liability under such claims.  You shall defend, indemnify, and hold harmless Iron Factory and all other Releases against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, fees, including attorneys’ fees, costs, and expenses of whatever kind, in any way resulting from, arising out of, or, in any way attributable to Your Membership, Your participation in Gym activities, Your use of the Facilities or Your otherwise entry upon the Premises.
c.	Iron Factory Gym LLC will not be responsible for Your lost, stolen, or damaged property.  Although Iron Factory makes lockers available to its members, Iron Factory does not guarantee the safekeeping of Your belongings and You proceed at Your own risk.

	*TERMINATION

a.	Any breach of this Membership Agreement by You may result in a termination of this Agreement at Iron Factory’s sole discretion.  Any excuse of a prior breach of this Agreement shall not constitute a waiver of Iron Factory’s right to act upon any subsequent breach.
b.	In the event of termination hereunder, Iron Factory will refund to You all moneys paid in excess of an amount computed by dividing the full Contract price, including any enrollment fee, by the number of weeks in the Contract Term and multiplying the result by the number of weeks elapsed in the Contract Term, less an administrative fee of Fifty three and 00/100 ($53.00) Dollars.
c.	Notwithstanding any other provision herein, termination hereunder is otherwise subject to Iron Factory’s policies relative to automatic payments, if applicable.


	*MISCELLANEOUS

a.	This Agreement, and all disputes arising hereunder, shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without reference to the conflicts of laws rules of that or any other jurisdiction, and jurisdiction and venue shall vest exclusively in the Court of Common Pleas of Washington County, Pennsylvania. If any term or provision of this Agreement is deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceable shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
b.	This Agreement may be amended only upon the mutual written consent of the Parties.
c.	Neither this Agreement, nor any right created hereby, shall be assignable by You without the prior written consent of Iron Factory.
d.	This Agreement constitutes the entire Agreement among the Parties with regard to the matters set forth herein and shall be binding upon and inure to the benefit of the heirs, beneficiaries, successors, executors, administrators, assigns, insurers, and re-insurers of all.  There are no other understandings or agreements, verbal or otherwise, in relation thereto, among the Parties hereto.

 
        *AUTOMATIC PAYMENT ADDENDUM

1.	By selecting an automatic payment  method for paying all amounts due and owing by You, including Membership dues and fees, You hereby authorize Iron Factory Gym LLC to initiate recurring charges, including Membership dues and fees, to Your specified bank account, debit card, or credit card (hereinafter collectively referred to as “Your Account”).  The amount charged to Your Account periodically will be commensurate with the then-existing balance on Your Membership account.  

2.	You will be solely responsible for complying with all rules and regulations of your financial institution and any and all fees and/or penalties charged by Your financial institution or Iron Factory Gym relating to automatic payments authorized hereunder.

3.	You must promptly notify Iron Factory Gym LLC of any changes to Your Account and You will ensure that sufficient credit is available for the processing of each automatic payment.  You will be solely responsible for any and all fees or penalties incurred as a result of Your failure to comply with these conditions.

4.	You have a right to terminate automatic payment of your Membership dues and fees by providing written notice to Iron Factory Gym LLC in the manner specified in Your Membership Agreement at least five (5) days in advance of any scheduled automatic payment.   If Your termination request is received by Iron Factory after the aforementioned deadline, it will not be processed until the next scheduled payment.

5.	Iron Factory Gym LLC shall not be liable or responsible for any losses that You may incur as a result of Your enrollment in this Automatic Payment Option.

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BY SIGNING BELOW, You acknowledge that You have carefully read the foregoing Membership Agreement, that You understand completely its contents, that You understand the significance and consequences of signing it, that You are voluntarily giving up substantial legal rights, including the right to sue Iron Factory Gym LLC, and that You intend to be legally bound by its terms.  You have agreed to and executed this Agreement voluntarily, under your own free will, and for sufficient consideration identified herein.

NOTICE:   If Member or Family Member is under the age of 18, a signature must be accompanied by signature of duly authorized parent or guardian

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