Membership Contract

CONTINUOUS SERVICE AND CANCELLATION:
If Member has not given notice of cancellation of this membership on or prior to the Initial Membership Term End Date, this membership will continue month-to-month on the same terms and conditions, including the Recurring Monthly Fees and Recurring Annual Fee, until In-Shape Solutions, LLC, dba In-Shape Family Fitness (hereinafter "In-Shape Family Fitness," or "ISFF") or Member cancels the membership in accordance with the cancellation rights set forth in Article I of the Terms and Conditions for Membership. Recurring Monthly Fees are subject to increase upon 30 days' advance written notice. To cancel the membership after the Initial Membership Term End Date, Member must request cancellation at least 30 days prior to the date the cancellation will be effective either (1) via email to cancelme@inshape.com, (2) via first-class mail to ISFF Member Services, 6507 Pacific Ave. #344, Stockton, CA 95207-3717, or (3) in-person at a physical ISFF facility. A cancellation request shall be deemed submitted on the date it is received in the ISFF Member Services office, whether via email or first-class mail, or, in the case of in-person cancellation at an ISFF facility, upon issuance of the ISFF email confirming receipt of the cancellation request. I acknowledge these terms by my signature here:

AutoPay Authorization

AUTOPAY AUTHORIZATION: (for Recurring Monthly and Annual Fees)

1. Commencing on or about the Recurring Monthly Fees Start Date, I authorize ISFF to charge the credit card listed above or initiate an Electronic Funds Transfer ("EFT") from the bank account/debit card listed above on a monthly basis (on or about the same day each month) for the Recurring Monthly Fees shown on page 1 and any other amounts I owe ISFF under this contract, including any fees, taxes, charges, or increases in dues.
2. Commencing on or about the Recurring Annual Fee Start Date, and on or about the same date annually thereafter, I authorize ISFF to charge the credit card listed above or initiate an EFT from the bank account/debit card listed above on an annual basis for the Annual Fee owing for the number of people on my membership (either $49.99 or $89.98).
3. This authorization will remain in effect until this contract is canceled by ISFF or me in accordance with the terms of this contract (see Article I of the Terms and Conditions for Membership for cancellation rights). After any notice of cancellation of membership is submitted by me, I authorize ISFF to continue to charge the credit card listed above or initiate an EFT from the bank account/debit card listed above for any amounts I owe under this contract accrued and due through the date the cancellation of my membership becomes effective in accordance with this contract's terms, until the balance due on my account is $0.
4. I understand that the recurring fees to be charged/debited through AutoPay may vary from the amount of Recurring Monthly Fees due to a change in my monthly fees and charges, past unpaid dues and fees, charges for additional products or services I, or any additional members on my membership who I designate as Account Managers, may request, or other fees and charges that I may owe. I understand that I have the right to have ISFF send me a written notice 10 days prior to the scheduled date of transfer when any regularly recurring EFT to be initiated from the bank account/debit card listed above will vary in amount from the previous transfer, and that I also have the option to receive such notice only when such a transfer will fall outside a specified range of dollar amounts. At this time, I agree that I am requesting that ISFF provide me with at least 10 days advance notice only if any recurring transfer to be initiated by EFT from the bank account/debit card listed above will be more than three times the Recurring Monthly Fees.
5. If my EFT from the bank account/debit card listed above is returned to ISFF unpaid, including due to insufficient or uncollected funds in my account, I authorize ISFF each time such event occurs to initiate a one-time EFT transfer from my bank account/debit card listed above, and to collect a returned item fee of $9.99. If a credit card charge is declined, I authorize ISFF to resubmit it for payment one or more times and charge a reprocessing fee of $9.99 when resubmitting my credit card for payment.
6. I authorize ISFF to update my bank account/debit card information, and initiate EFTs therefrom, based on any Notification of Change of account number or routing number provided by my financial institution. I also authorize ISFF and its credit card processors to participate in VISA's Account Updater or MasterCard's Automatic Billing Updater, or similar programs, to update my credit card account number or expiration date to prevent AutoPay charges to my credit card from being declined.
7. I agree that the expiration or cancellation of my credit card, the closing or termination of my bank/debit card account, or the cancellation of my AutoPay does not cancel my membership, and will affect the amount of my monthly fees and charges as set forth above.
   
   

5-Day Right of Cancel
You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays & 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 In-Shape Family Fitness. For mail delivery, send to 6507 Pacific Ave. #344, Stockton, CA 95207-3717; for email, use cancelme@inshape.com; for personal delivery, deliver to club address on front page of contract.

Terms & Conditions for Membership

ARTICLE I: SUSPENSION AND CANCELLATION OF MEMBERSHIP

A MEMBERSHIP MAY BE CANCELLED BY MEMBER:

Within the first 5 business days, excluding Sundays and holidays, of this contract (See Notice on Page 2).
In the event of a Death or Verified Disability (See Article I, Section 4, below). In the event of a Qualifying Relocation (See Article I, Section 5, below).
In the event the Home Club Has Not Opened (See Article I, Section 6, below). 
In the event of this being a term contract, for a cancellation to be effective as of the Initial Membership Term End Date, on or before said End Date (See Article 1, Section 3, below).

Section 1. Suspension or Cancellation of Membership for Nonpayment. If Member fails to pay any obligation owing to ISFF within 15 days after the obligation becomes due ISFF may, at its discretion, suspend or cancel Member's membership, by providing written notice of same to Member. Until ISFF suspends or cancels membership (or, if applicable, membership is canceled by Member in compliance with the terms for cancellation set forth in the other sections of this Article I), monthly membership fees and charges will continue to accrue. Member is responsible for full payment of all membership fees and charges and any bank "returned item" fees and processing fees and delinquency charges accruing prior to membership cancellation, including while membership is suspended. If membership is suspended, Member may have membership reinstated to active status by paying all past due and current membership fees and charges in full. 

Section 2. Cancellation for Violation of Rules or Misconduct. All Members agree to and are subject to ISFF's published rules and policies, as they may be amended from time to time by ISFF in its sole discretion. The rules are posted in the clubs, are available at the front desk, or can be found at https:// www.inshape.com/club-rules-and-regulations. ISFF reserves the right at any time to cancel the membership, or membership privileges of any individual on a membership, for failure to comply with any of the rules and policies of ISFF, for any violation of the terms of this contract, or for any conduct ISFF deems to be improper or harmful to the best interests of ISFF, its staff and its members. The membership, or membership privileges of a particular individual on a membership, may be cancelled in person, by email notification, or written notification mailed to the last address on ISFF records for the membership. Any suspension or cancellation of membership initiated by ISFF shall be effective when transmitted by ISFF regardless of when, or if, Member receives it. Any membership fees and charges owing to a Member following a cancellation by ISFF pursuant to this section will be refunded to Member within 30 days of the effective date of cancellation.

Section 3. Voluntary Cancellation and Alternative Performance Options where available.  In the event this is a month to month contract, cancellations after the fifth business day of this contract (excluding Sundays & holidays) for reasons other than those specified in Article I, Sections 4, 5, and 6 shall be requested at least 30 days prior to the date said cancellation will be effective. Any prorated membership fees and charges owed for the 30-day cancellation period, plus any unpaid balances, must be paid by the end of the 30-day cancellation period or, if Member is enrolled in AutoPay, on the last monthly AutoPay payment. 
In the event this is a term membership, there is no voluntary cancellation before the end of the initial term, other than the following alternative performance. After the fifth business day of this contract (excluding Sundays & holidays) and except in the case of cancellations pursuant to Article I, Sections 4, 6, 7, 8 and 9, Member may not cancel the membership or receive a refund of any enrollment or membership fees prior to the end of the Initial Membership Term. During the Initial Membership Term, if Member’s membership fees and all other charges owing pursuant to this contract are current, Member may alternatively perform the obligations of this contract by paying an early termination fee equal to the following: (i) if six (6) or more months remain (defined as 182 days or more) of the Initial Membership Term, the termination fee will be $125 if the monthly recurring fees are less than $50 or $250 if the monthly recurring fees are $50 or more; or (ii) if three (3) to five (5) months remain (defined as on or between 61 and 181 days) of the Initial Membership Term, the termination fee will be $100 if the monthly recurring fees are less than $50 or $200 if the monthly recurring fees are $50 or more; or (iii) if two (2) months or fewer remain (defined as 60 days or less) of the Initial Membership Term, the termination fee will be $75 if the monthly recurring fees are less than $50 or $150 if the monthly recurring fees are $50 or more. Member’s election of this early termination option requires submission of a cancellation pursuant to Article I, Section 9 and full payment of the termination fee. After the end of the Initial Membership Term, cancellations for reasons other than those specified in Article I, Sections 6, 7, and 8, shall be requested at least 30 days prior to the date said cancellation will be effective. Any prorated membership fees owed for the 30-day cancellation period, plus any unpaid balances, must be paid by the end of the 30-day cancellation period or, if Member is enrolled in AutoPay, on the last monthly AutoPay payment. Cancellations must be submitted in compliance with Article I, Section 9 in order to be effective.  Furthermore, if this is a term contract, and Member desires to have the membership end effective on the Initial Membership Term End Date, Member shall, on or before the Initial Membership Term End Date provide notice of Member's election to cancel using one of the methods set forth in Article I, Section 9, below. ISFF will provide Member with a reminder by email of the Initial Membership Term End Date between 30 and 45 days prior to said End Date.

Section 4. Cancellation Due to Death or Disability. Should Member die or become verifiably disabled and therefore unable to receive all services for which he/she has contracted, Member or his/her estate shall be relieved of obligations for payment for services other than those received prior to death or the onset of disability and shall be entitled to a prompt proportional refund of prepaid membership fees and charges for services not yet received. Member agrees that in the event he/she claims disability, he/she may be required and hereby consents to submit written confirmation from his or her qualified health care provider that Member is unable to use the services of the club. If verification of disability is not provided at the time Member requests cancellation and is thereafter requested by ISFF it must be received by ISFF within ten (10) days after ISFF's request is sent to Member in order for cancellation to be effective as of the date of Member's cancellation request. Failure to provide the verification within ten (10) days of ISFF's request will delay the effective date of the cancellation to the date the verification is received by ISFF.

Section 5. Cancellation Due to Relocation. Should Member move further than 25 miles from any club of ISFF and is unable to transfer membership to a comparable ISFF club, Member shall be relieved from the obligation of making payment for services other than those received prior to the move and shall be entitled to a prompt proportional refund of prepaid membership fees and charges for services not yet received. Member must submit documentation verifying the relocation within ten (10) days of Member seeking to cancel the membership based on the relocation. Failure to provide the required documentation within ten (10) days of Member's cancellation request will delay the effective date of the cancellation to the date the documentation is received by ISFF.

Section 6. Cancellation Due to Clubs Not Yet Open. If Member has paid any money under this contract for the use of a club that is under construction and not yet open for business, Member may cancel this agreement at any time prior to midnight on the fifth (5th) business day after the date on which the club opens for business and receive a full refund.

Section 7. How to Request Cancellation. For any Member cancellation allowed pursuant to this Article I, Member must request cancellation either (1) via email to cancelme@inshape.com, (2) via first-class mail to ISFF Member Services, 6507 Pacific Ave. #344, Stockton, CA 95207-3717, or (3) in-person at a physical ISFF facility. A cancellation request shall be deemed submitted on the date it is received in the ISFF Member Services office, whether via email or first-class mail, or, in the case of in-person cancellation at an ISFF facility, upon issuance of the ISFF email confirming receipt of the cancellation request.

Section 8. Survival of Rights and Obligations. Any rights and obligations of either ISFF or Member that are intended to survive cancellation of this contract will continue after cancellation to the extent permitted by law.

Section 9. Reservation of Right to Prohibit Rejoining. ISFF reserves the right, in its discretion, to prohibit a canceled or terminated Member from rejoining ISFF in the future.

ARTICLE II: INITIATION FEES, PROCESSING FEES, MEMBERSHIP FEES AND CHARGES

Section 1. Changes. Except as otherwise provided herein, all membership fees and charges are subject to change by ISFF at any time. ISFF shall provide advance written notice of such changes to Member. Any allowed Member requested changes to the contract terms (i.e., service changes such as tanning, child care, VIP services, Revive & Relax services, and towel service, or adding or deleting additional members, or changing club Network levels, etc.) must be requested by Member in writing in a Member Service Request addendum, through the member’s online membership portal, or within the ISFF app. Member’s requested changes will be confirmed by email to Member at the email address ISFF has on file for Member (Member is reminded to notify ISFF of any changes to Member’s primary email address) or authorized through a secure online transaction. Member can authorize one or more of the additional members on his or her membership as Account Managers to view and make changes to the membership including, without limitation, changing membership status, adding or deleting other additional members, adding or removing amenities, products, services, and access. Member agrees that changes made by an Account Manager may result in increased recurring dues/fees, and/or incur additional amounts due, and Member authorizes ISFF to charge Member’s designated AutoPay account for any such increase in recurring fees/dues and any additional amounts due as a result of changes made by an Account Manager, including any processing fees for said changes.

Section 2. AutoPay. If Member uses AutoPay, Member is responsible for timely notifying ISFF of any changes to Member's designated account information.

Section 3. Payments Payable to ISFF Only; Electronic Processing of Checks. Checks must be made payable to "In-Shape Family Fitness," or "In-Shape," or "ISFF." Member will not be compensated for payments made directly to any ISFF employee. If Member provides a check as payment, Member authorizes ISFF either to use information from Member's check to make a one-time electronic fund transfer from Member's account or to process the payment as a check transaction.

Section 4. Network Access. If this membership is at a "Network" level and includes access to fully operating ISFF clubs, Member agrees that Member's membership is based on the immediate availability of the Network of clubs selected, and not upon any particular or individual club, which may not yet be open for business. Accordingly, Member's membership will commence on the date set forth on the first page of this contract, and the billing of membership fees and charges and any other charges due hereunder will commence on the "Recurring Monthly Fees Start" date set forth on the first page of this contract.

Section 5. Membership Hold. After 30 days of active membership, Member may request to have the membership placed on hold for a period not to exceed six (6) months, which ISFF may consent to in its sole discretion. If Member's hold is approved, Member will be charged a monthly hold fee in accordance with ISFF's then current policy, but no other membership fees and charges will be billed or collected during the hold period, except the Annual Fee (if it becomes due during the hold period), and Member's right to use ISFF clubs will be suspended during the hold period. At the end of Member's hold period, the membership will be reinstated to active status and monthly charges for Member's membership fees and charges will resume automatically in accordance with Member's existing AutoPay terms. Continuous Service and Cancellation provisions in this contract remain in effect at the end of the hold period.

Section 6. Collections. Member agrees that ISFF shall be entitled to all of its costs of collection, including attorneys' fees, in the event of any default by Member of any financial or monetary obligation owing hereunder. ISFF reserves the right to charge interest on past due balances to the extent allowed by law. In the event of any default by Member hereunder, in addition to any other authorized methods of communication, ISFF may contact Member by way of automated and pre-recorded telephone calls and text messaging at the telephone and/or cell phone number(s) Member has provided to seek payment, but not for marketing or other purposes unless member has provided express written consent thereto.

ARTICLE III: ADDITIONAL TERMS

Section 1. Temporary Closures or Changes to Facilities. Membership fees and charges are not reduced or suspended during closure, whenever one or more of the clubs is not available for use, or in the event of changes to equipment, facilities and/or class offerings at a club.

Section 2. Electronically Scanned Membership Contract. ISFF reserves the right to maintain the membership contract, and any and all other documents related to Member's membership with ISFF in a digital version, and the Member consents to the use and enforceability of a digital version in all future matters.

Section 3. Transfer of Membership. Member may not transfer membership.

Section 4. Assignment of Memberships by ISFF. ISFF may assign or transfer this membership in its sole discretion and will provide member notice of any such assignment or transfer.

Section 5. Member Contact Information. Member is solely responsible to notify ISFF promptly of any changes to Member's address, telephone number or email address. Any notifications or communications required by this contract or under the law shall be deemed effective when sent to Member using the most recent contact information Member has supplied to ISFF. ISFF may deliver information and notices about the membership and this contract ("Notices") to Member by electronic delivery (i.e. email), unless ISFF is required by law or a specific provision of this contract to provide Member with Notices by another means (i.e. US Mail). Notices eligible for delivery to Member by electronic means include, but are not limited to, those regarding renewals, membership fees and charges, increased fees, variances in payment amounts to be charged/debited to Member's AutoPay, updates or changes to AutoPay accounts, AutoPay processing problems or returned/declined payments, maintenance, repair or alteration of equipment, facilities and clubs, discontinuation of or scheduling changes related to classes or other service offerings, and amendments to club policies and rules.

Section 6. Performance. Performance of services contemplated by this contract shall commence not later than six (6) months from the date this contract is entered into.

Section 7. Payments on Corporate, Third-Party, or Employer-Sponsored Memberships. In the event any portion of the membership fees and charges are paid by a third-party, including, without limitation, by Member's employer, whether as a direct employment benefit, through an employee payroll deduction, or by some other means, Member remains responsible for the timely payment of all fees and charges due hereunder and is subject to all remedies available to ISFF in the event any such fees and charges are not timely paid, including suspension or cancellation of membership and collection of past-due and unpaid amounts. Membership is not automatically canceled if employer or other third-party discontinues making payments on behalf of Member. $14.99 per month will be added to Member's bill for manual statement billing if employer or other third-party discontinues making payments on behalf of Member and Member does not sign up to make payments through ISFF's AutoPay program.

Section 8. Contact / Collections. I authorize ISFF to deliver to me, at the telephone, cellphone, or email address (es) provided, telemarketing calls, emails and texts and informational calls, emails and texts. I UNDERSTAND THAT I AM NOT REQUIRED TO AGREE TO BE CONTACTED AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS OR SERVICES. I can request to not be contacted by ISFF by visiting https://www.inshape.com/data-request and submit an online request or by calling 1-866-422-5348 or writing to 6507 Pacific Ave. #344, Stockton, CA 95207-3717.

Section 9. CCPA. In-Shape has developed a California Privacy Policy out of respect for the privacy of our members and visitors to our website. This policy describes the personal information we collect, use, and disclose about individual members and website visitors who are California residents. This policy applies only to California residents who are natural persons; it does not apply to any entities (whether business, non-profit or governmental) or to any person who is not a California resident. Find the policy by visiting https://www.inshape.com/privacy-policy.

ARTICLE IV: RELEASE OF LIABILITY AND ASSUMPTION OF RISK

While there are many benefits to having access to and use of the premises, facilities, equipment and amenities of In-Shape Solutions, LLC, dba In-Shape Family Fitness ("ISFF") including, without limitation, participating in or observing classes, training, activities, streaming and on-demand classes, use of wellness modalities including compression, massage and massage chairs, hydrobeds, cold or heat therapy, and other multi-sensory experiences, and off-site events and activities provided, organized or sponsored by ISFF (collectively, "ISFF Access, Activities and Use"), it is important that you understand and acknowledge that your or your minor child’s (as used herein, "your minor child" includes, in addition to your own child or children, any persons for whom you serve as legal guardian) ISFF Access, Activities and Use includes inherent risks of injury to you and your minor child, whether caused by the actions or negligence of you, your minor child, someone else, or ISFF. Specific risks vary from one activity to another and include, but are not limited to, injuries arising from use of exercise equipment and machines; injuries arising from participation in supervised or unsupervised classes, activities or programs; injuries and medical disorders arising from exercising such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; injuries occurring while swimming, using the sauna or spa, or while observing others participating in activities; injuries occurring in dressing rooms and other facilities; and injuries caused by other ISFF members or guests. In some cases, the injuries may be so severe that they result in permanent disability, head injury, paralysis, and even death. Risks also include exposure to or infection by diseases, bacteria, viruses, and coronaviruses including, without limitation, COVID-19. Injuries can occur at an ISFF premises or facility or at an off-site event or activity sponsored or organized by ISFF.

In consideration of your or your minor child's ISFF Access, Activities and Use, you, for yourself and your minor child, agree, to the greatest extent permitted by law, to waive any and all claims against and to hold harmless, release, indemnify, and agree not to sue ISFF and any of its officers, directors, employees, agents, contractors, affiliates, successors and assigns (each a "Released Party") for any injury, including without limitation, personal, bodily, or mental or emotional injury, death, economic loss, property damage, or any other injury or damage sustained by you or your minor child, arising in whole or in part out of your or your minor child's ISFF Access, Activities and Use, including, but not limited to, those claims based on any Released Party's alleged or actual negligence or breach of any contract and/or express or implied warranty or breach of any statutory or other duty of care. You acknowledge and agree that negligence includes failure on the part of any Released Party to take reasonable steps to safeguard or protect you or your minor child from the risks, dangers and hazards associated with ISFF Access, Activities and Use.

In further consideration of your or your minor child's ISFF Access, Activities and Use, you further agree to indemnify, defend and hold any Released Party harmless from any loss, liability, or damage a Released Party may incur, in connection with claims for personal injury, bodily injury, wrongful death or property damage (i) caused by your or Your minor child's negligence or other wrongful acts or omissions, or (ii) brought by you or your minor child, even if ISFF was negligent. You further agree that ISFF will not be responsible or liable for any loss, theft, or damage to any of your or your minor child's property in or about the premises of ISFF including, but not limited to, any personal property left in a locker or automobile.

You agree that the foregoing Release and Waiver of Liability and Assumption of Risk is intended to be as broad and inclusive as is permitted by the laws of California and that if any portion hereof is held invalid the balance shall continue in full force and effect.

ARTICLE V: CLUB HOURS AND AMENITIES

Except for all Federal, State and Local holidays, the minimum hours of operation of ISFF's clubs shall be Monday through Friday 7:00 am to 6:00 pm, Saturday 9:00 am to 12:00 pm and Sunday closed. Each ISFF club offers a variety of weightlifting equipment, free weights, cardio equipment, circuit training equipment, locker rooms, etc. Please refer to ISFF's website, or see any ISFF representative to receive a complete listing of all amenities available, a description of all membership types and levels of access and the expanded operational hours (if any) at each of ISFF's clubs. ISFF reserves the right to make changes to the facilities, hours of operation, equipment and amenities at any of its clubs including, but not limited to, the type or quantity of classes, equipment or services at its clubs.

ARTICLE VI: INAPPLICABILITY TO OTHER CONTRACTS

Any agreements related to personal training or other services are separate and not incorporated or a part of this contract. Those services are governed by separate agreements and contracts, including separate cancellation and payment provisions.

ARTICLE VII: YOUR PHYSICAL CONDITION

It is recommended that before any member listed on this Contract engages in physical activity, he or she should review, answer the questions, and consider the advice contained in the Physical Activity Readiness Questionnaire ("PAR-Q") which can be found at https://inshape.com/par-q. You acknowledge that neither ISFF nor anyone on ISFF's behalf has provided you with any medical information or advice relating to your physical condition or your ability to engage in physical activities or exercise programs.

Warning: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.

ARTICLE VIII: AGREEMENT TO ARBITRATE - INCLUDING WAIVER OF CLASS ACTION AND JURY RIGHTS

Section 1. Agreement to Arbitrate All Disputes Except Small Claims Disputes. IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN MEMBER AND ISFF, (ISFF, AS USED IN THIS PROVISION, INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), MEMBER AND ISFF EACH WAIVES ITS RIGHT TO A JURY TRIAL AND CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN THE COUNTY OF MEMBER'S RESIDENCE IN CALIFORNIA, RATHER THAN LITIGATE THE DISPUTE IN COURT. MEMBER AND ISFF ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IN ADDITION, MEMBER ALSO AGREES NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING THE CLAIMS OF ANOTHER PERSON, IF ISFF IS A PARTY TO THE PROCEEDING. MEMBER AND ISFF AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN MEMBER AND ISFF AND THAT THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING WITHOUT THE RIGHT OF APPEAL. IF MEMBER DOES NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, MEMBER MAY OPT OUT. IN ORDER TO OPT OUT OF THIS ARBITRATION PROVISION, MEMBER MUST NOTIFY ISFF IN WRITING THAT MEMBER DOES NOT WANT TO RESOLVE DISPUTES WITH ISFF BY ARBITRATION, SUCH NOTICE SHOULD BE DELIVERED BY U.S. MAIL TO ISFF, 6507 PACIFIC AVE. #344, STOCKTON, CA 95207-3717, OR BY EMAIL to arbitration-opt-out@inshape.com, WITHIN 30 DAYS OF THE DATE MEMBER SIGNS THIS CONTRACT.

Section 2. Fees and costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Contract. If the value of the relief sought is $10,000 or less, at Member's request, ISFF will pay all filing, administration, and arbitrator fees associated with the arbitration. If the value of the relief sought is more than $10,000 and Member is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation in court, ISFF will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) Member asserts in the arbitration to be frivolous, Member agrees to reimburse ISFF for all fees associated with arbitration paid by ISFF on Member's behalf, which Member otherwise would be obligated to pay under AAA's rules.

Section 3. Arbitrator will resolve any issues over application or enforcement of this clause. The arbitrator, and not any Federal, State, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Contract and the validity of this arbitration provision, including, but not limited to, any claim that all or any part of this Contract is void, voidable or unconscionable.

Section 4. Severability and Survival. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Article VIII will be null and void. This arbitration agreement will survive the termination of Member's relationship with ISFF.