Terms of Service

Please read these terms of service (“terms”, “terms of service”) carefully before using http://www.aviatornationride.com website (the “service”) operated by Aviator Nation RIDE (“us”, ‘we”, “our”).

Conditions of Use

We will provide their services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.

Privacy Policy

Before you continue using our website we advise you to read our privacy policy [link to privacy policy] regarding our user data collection. It will help you better understand our practices.

Copyright

Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Aviator Nation and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Aviator Nation, with copyright authorship for this compilation by Aviator Nation.

Communications

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Applicable Law

By visiting this website, you agree that the laws of the United States, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Aviator Nation and you, or its business partners and associates.

Disputes

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court and you consent to exclusive jurisdiction and venue of such courts.

Comments, Reviews, and Emails

Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Aviator Nation non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

License and Site Access

We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.

User Account

If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.

We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

RELEASE AND WAIVER OF LIABILITY

By clicking “Agree” to the Terms of Service, I am agreeing to this Release and Waiver of Liability. By doing so I intend to attend and participate in exercise activities at Aviator Nation
Ride’s (“Aviator Nation, Inc.”) located at 2940 Main Street, Santa Monica, California (“Fitness Studio or “Studio””). I have purchased one or more classes or have signed up for Aviator Nation
Ride’s subscription program. As a condition of being allowed to exercise and participate at the Studio in the spin, yoga and large punching bag/boxing classes, all taught by instructors offered
by Aviator Nation, Inc., I understand that I am required to sign this Release and Waiver of Liability (“Release”) releasing Aviator Nation Ride, Aviator Nation, Inc. and their directors, officers, shareholders, affiliates, employees, owners, agents and representatives from any and all possible liability for any injury or damages I may sustain as a result of my entering, remaining, training and exercising at the Studio. If my minor child or legal ward of at least 16 years old is becoming a member and will attend one or more classes, I am signing this Release and Waiver On their behalf and have authority to do so.

I AM AWARE THAT THE EXERCISE I (OR MY CHILD OR LEGAL WARD) WILL
ENGAGE IN AT THE FACILITY CAN BE HAZARDOUS AND MAY LEAD TO SERIOUS INJURY OR DEATH. I (OR MY CHILD OR LEGAL WARD) AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN, WHICH MAY BE CAUSED OR CREATED BY AVIATOR NATION, INC.

Any form of exercise and physical fitness training has inherent risks of serious injury that cannot be eliminated regardless of the care and precautions taken. I understand that there is a heightened risk of contracting COVID-19 by being among a crowd of people and exercising indoors. I knowingly and voluntarily agree to accept all risks associated with exercise at the Fitness Studio.

As consideration for being permitted (or my child or legal ward being permitted) to be allowed to enter, remain, exercise and spin at the Studio, I, for and on behalf of myself (and my child or
legal ward) and my heirs, executors, administrators, successors and assigns hereby forever and irrevocably release, hold harmless, and covenant not to sue Aviator Nation Ride, Aviator Nation,
Inc., its managers, employees, officers, directors, contractors, agents, assignees, and representatives, and the owner of the real estate occupied by the Facility (collectively the
Released Parties) from any and all claims, injuries, damages, liabilities, expenses (including attorney’s fees), or causes of action, excepting only claims determined by a court of competent
jurisdiction to have been caused by Aviator Nation Inc.’s gross negligence or willful misconduct, which I ( and on behalf of my child or legal ward), and on behalf of my heirs, assigns, personal
representatives, executors and next of kin (collectively the Releasing Parties) may suffer or incur, to the maximum extent allowed by law, relating directly or indirectly to any injury, including my (or my child’s/legal ward’s) death, and injury to, or loss of, my (or my child’s/legal ward’s) property, whether caused by active or passive negligence, arising directly or indirectly from
exercising at the Fitness Studio and/or from the use of Aviator Nation, Inc.’s equipment. This release is effective even if the instructor and/or I (or my child/legal ward) violate any rules which
I am advised of prior to beginning to exercise with or without the knowledge of Aviator Nation, Inc. The Releasing Parties agree to defend, hold harmless and indemnify the Released Parties
from any and all claims which are hereby released.

I represent and warrant that to the best of my knowledge, after examination by a doctor and reasonable inquiry, I as a Participant, or if applicable, my child or legal ward, are healthy and in
good physical condition. I am not aware of any physical or mental condition that could prevent me (or my child/legal ward) from performing any of the exercise classes offered by Aviator
Nation, Inc. I knowingly and voluntarily assume full responsibility for personal injury, accidents and illness, including death and any related expenses.

This Release shall be governed and construed in accordance with the laws of the State of California without reference to its choice or conflict of law principles. In the event of any dispute
between you and Aviator Nation, other than an action by Aviator Nation to collect fees claimed it is owed under the Membership Agreement, which cannot be amicably resolved, including any
claim for injury or damages arising, directly or indirectly arising out of the use of the Studio, the dispute shall be resolved by binding arbitration conducted by JAMS Los Angeles, at Los Angeles County, California, following their rules for arbitration. The prevailing party shall be entitled to recovery of all costs of the arbitration, including reasonable attorneys’ fees. Aviator Nation, Inc. shall have the right to use (and license third parties the right to use) Participant’s name, image, likeness and photograph (whether in the form of videotape or still photographs) for commercial, marketing, promotional, journalistic and editorial purposes regardless of the medium of distribution or dissemination and without the payment of any fee or
other compensation to the Participant.

This Release, together with the terms of the Membership Agreement, including the Additional Terms and Conditions and the Rules of Conduct, (a) represent the entire agreement of the
Participant (including the Releasing Parties) to the terms and conditions of this Release with respect to my participation at the Fitness Studio to engage in exercise and it supersedes all prior written and verbal representations, agreements and understandings and (b) is binding on, and inures to the benefit of Aviator Nation, Inc. and its respective heirs, successors, assigns and legal representatives. No provision of this Release may be waived or modified unless it is in writing and signed by an authorized representative of Aviator Nation, Inc. To the maximum extent permitted by applicable law, if there is any conflict between any provision of this Release and any present or future statute, law, ordinance, regulation, the latter shall prevail provided that the provision hereof so affected shall be limited only to the extent necessary and no other provision shall be affected.

If any part of this Release is declared to be illegal, over broad, ambiguous, unenforceable or ineffective to any extent, that part of the release shall be modified, if possible to give effect to the
risk, assumption of risk and release provisions of this Release, and that part of the Release shall be severed from the rest of the Release, so that all remaining other provisions contained in this Release t shall remain valid and binding. In addition to the releases and assumption of risk provisions of this Release, as noted above, I
acknowledge that an inherent risk of exposure while in the Facility to COVID-19 exists. My release described herein includes the release of any and all claims arising from COVID-19. AVIATOR NATION, INC. HEREBY RECOMMENDS THAT THE PARTICIPANT SEEK THE
ADVICE OF LEGAL COUNSEL PRIOR TO EXECUTING THIS AGREEMENT SINCE THIS RELEASE MAY AFFECT RELEASING YOUR LEGAL RIGHTS. IF YOU HAVE NOT CONSULTED WITH AN ATTORNEY, THE PARTICIPANT VOLUNTARILY DECIDED THIS COURSE OF ACTION, AND ACCORDINGLY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAIVE ANY RIGHT TO CLAIM THAT PARTICIPANT WAS NOT REPRESENTED BY COUNSEL, OR THAT PARTICIPANT DID NOT UNDERSTAND THE SIGNIFICANCE OF ANY OF THE TERMS OF THIS RELEASE.
PARTICIPANT HEREBY REPRESENTS AND WARRANTS THAT HE, SHE, THEY, AS APPLICABLE, IS/ARE DULY AUTHORIZED AND EMPOWERED TO EXECUTE THIS RELEASE WITH RESPECT TO THE PARTICIPANT’S ENTRY, REMAINING, AND PARTICIPATION IN EXERCISE AT THE FACILITY, AND AGREE TO BE BOUND BY THE TERMS CONTAINED HEREIN.

This Release may be executed in any number of counterparts (each of which shall be deemed an original) and all of which, taken together, shall constitute one and the same agreement and any party may enter into this Agreement by executing a counterpart.
By agreeing to these terms I am signing on my own behalf or signing on behalf of my minor child or legal ward.

AVIATOR NATION RIDE

SUBSCRIPTION MEMBERSHIP AGREEMENT

Aviator Nation Ride, an Aviator Nation, Inc. concept (hereinafter “Aviator Nation”) offers
a subscription membership which offers groups of spin, yoga and large punching bag/boxing
classes taught by instructors at our Fitness Studio which can be purchased in any combination as
class credits for the group of classes described in this Agreement. I wish to purchase for myself,

or on behalf of my minor child/legal ward (16 years and older), the groups of classes noted be-
low. (Note: Membership for each Participant is separate and there is no combining of Partici-
pants under a single Membership.)

Your membership (which includes the membership of a participating minor) commences

upon the signing of this Agreement, the Participant’s signing of the Release And Waiver of Lia-
bility, and full payment for the number of classes or class credits you have chosen. Membership

expires upon completion of the Participant’s attendance at the groups of classes which you have

purchased or of the applicable expiration period. Refunds for unused class credits are not avail-
able. (However, if, by reason of death or disability, the Member or assigned Participant is unable

to participate in the Studio classes, the member or the member’s estate shall be entitled to a re-
fund of all monies not allocated to services not taken within 30 days of notification by the Mem-
ber or the Member’s representative.) Memberships are automatically billed monthly and are auto

renewed using the credit card or other form of payment which you have provided unless you ad-
vise us that you do not want to continue your subscription membership. Membership can be can-
celled at any time.

Membership allows the Participant to enter Aviator Nation’s fitness facility (“Fitness Stu-
dio or Studio”), to use its restrooms, toiletries, showers and lockers, and to participate in the class

or classes you have purchased only with an Aviator Nation instructor. Members and Participants

will not have authorization to exercise or work out on their own and/or in the absence of an in-
structor-taught class.

Classes can be purchased for your minor child or legal ward, who must be at least 16
years old. If this membership is being purchased for a minor child, a parent or guardian does not
need to be present while the minor is in the Fitness Studio.

Membership is dependent on your signing Aviator Nation’s Release and Waiver of Liabil-
ity and your observance of the Aviator Nation Rules of Conduct, which are stated below in this

agreement. It is further dependent upon every Participant signing the Aviator Nation’s Release
and Wavier of Liability and their observance of the Aviator Nations Rules of Conduct. Violation

of the Rules of Conduct by either the Member or the Participant may result in immediate cancel-
lation of your membership at the sole discretion of Aviator Nation.

Subscription Membership Agreement

Aviator Nation reserves the right to change its hours of operation, class offerings and pricing upon reasonable notice to you.
Classes can be scheduled through Aviator Nation’s website [https://aviatornationride.com] or through its app. Classes are subject to availability.

You may not transfer any of your classes to a guest when on a Subscription plan.

You can pay for your class(s) with a credit card, debit card, cash or a gift card. Aviator Nation does not accept checks.

The following are the class credit offerings, along with their pricing and expiration dates.

Unused classes after the expiration date expire and do not roll over.

The Terms and Conditions and the Aviator Nation Rules of Conduct, both of which are stated on the following pages, are a part of this Membership Agreement.

You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the Fitness 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: Aviator Nation, Inc., 2940 Main Street, Santa Monica, California 90405; or email to ride@aviatornation.com.

The total term of your agreement is 30 Days.
☐ 4 classes/$112, expires in 30 days
☐ 8 classes/$224, expires in 30 days
☐ 12 classes/$324, expires in 30 days
☐ 16 classes $416, expires in 30 days

AVIATOR NATION RIDE ADDITIONAL TERMS AND CONDITIONS

These Terms and Conditions are part of your Membership Agreement.

1. You affirm, acknowledge and attest that your mailing address, telephone number, and e-
   mail address provided in this Agreement are accurate and were provided by you voluntarily. Subject to applicable law, you agree that Aviator Nation, including its agents and affiliates, may contact you at any mailing address, phone number or e-mail address set forth in this Agreement, or subsequently provided by you. By providing your mobile number and your email number, you authorize Aviator Nation to contact you by these methods. Additional costs may apply for text messages pursuant to your cellular plan or which you may be responsible.

2. You understand and acknowledge that Aviator Nation is a health and wellness facility offering instructor-led classes and access to fitness equipment during the open hours of
   operation (which are available on the Aviator Nation Ride website), located at 2940 Main Street, Santa Monica, California. You hereby acknowledge and agree that Aviator Nation reserves the right to make changes to the type, quantity of classes or equipment offered, including changing class times, without advance notice to you. You may not cancel this Agreement because of such changes, provided that such changes are reasonable under the circumstances. In addition, you understand and acknowledge that operating hours may change at any given time and Aviator Nation reserves the right to make such changes under reasonable circumstances.
3. You represent that the Participant is in good health and has no disability, impairment, injury, disease or ailment preventing the Participant from engaging in active or passive
   exercise or which would cause increased risk or injury or adverse health consequences as a result of use of Aviator Nation’s classes and facilities. Physical examinations by the
   Participant’s physician is strongly recommended and encouraged for Participants before starting an exercise program and/or exercise class, and especially if the Participant is unaccustomed to physical exertion, or has physical limitations, a history of high blood pressure, heart problems or other chronic illnesses, or Participants who have a history
   of heart disease.
4. Members (and Participants, if different) agree to follow all membership Rules of Conduct set forth below, regulations and schedules of the Fitness Studio. These are contained in this Membership Agreement. Additional Rules may be posted at the Fitness Studio or issued orally, and may be made available on the website and the app, and may be changed at any time at Aviator Nation’s discretion with or without notice to you.

5. Your membership may not be transferred, sold or otherwise assigned without the written consent of Aviator Nation.
6. You understand and agree that if the Participant fails to use the Studio, attend any or all
   of the classes you have purchased before the expiration period or failed to use all of the
   class credits before expiration, that such absence or failure shall not release you from the obligation to make all payments required by the terms of this Membership Agreement.

7. If applicable, you have provided Aviator Nation with your credit/debit card or bank account information for the purpose of paying for goods and services, in addition to your classes, which you may purchase at the Studio. These other charges may include fees for retail apparel and other similar items, and food and beverage items. You agree that Aviator Nation has the right to charge the credit/debit card account at any time, including the time of purchase, and from time to time during the term of when services or goods are rendered or pursuant to the terms of this Agreement. In the event a minor child Participant under this Membership Agreement purchases any such items for retail apparel, food or beverages under Member’s credit/debit card, you agree to guarantee payment for such charges and authorize the debit of the provided credit/debit card or bank account.

8. For any fees not prepaid, I authorize Aviator Nation, Inc. (Studio) to electronically transfer (EFT) on or about the first (1st) of each month (the EFT Date) all amounts due to Studio from the above account number (or from a substitute account number provid ed to Studio for payment under this agreement. The amount due may include purchase of the classes set forth in the agreement, or for additional purchases made by me or by my authorized Participant, and any other unpaid fees or dues including fees for fitness services or other ancillary services (collectively “EFT Dues”). Studio may begin making deductions monthly for unpaid balances until my membership is terminated or cancelled in writing.

9. You are urged to avoid bringing valuables onto the Studio. Aviator Nation shall not be liable for the loss of or theft of, or damage to, personal property or any authorized/preapproved guests, including items left in storage cubbies, locker rooms, dressing areas, or elsewhere in the facility or on Fitness Studio property, including any location where-in Members’ or Members’ Participants or guests’ vehicles are parked.

10. You understand and acknowledge that Aviator Nation’s Studio utilizes gender-neutral locker rooms and dressing areas, and no other type of locker room or dressing area has been designated to Members for use.
11. Aviator Nation does not tolerate any inappropriate conduct. Such conduct includes, but
    not limited to, loud, disruptive, abusive, offensive, insulting language, profanity, lewd conduct or any conduct that harasses or is bothersome to our employees, Members, Participants, authorized/pre-approved guests or vendors. Aviator Nation reserves the right to pass down final say in the event of inappropriate conduct or the perception of such conduct. Aviator Nation does not tolerate inappropriate behavior, hatred or oppression of any kind. We reserve the explicit right to immediately terminate the membership where a Member, or a Member’s Participant or Guest violates Aviator Nation’s policies or demonstrates inappropriate behavior, as well as immediately remove them from the Studio.

12. Pets are not permitted in the Studio. Service animals are welcome.
13. Illegal drugs and smoking (including use of electronic cigarettes) are not permitted at the Studio. No weapons of any kind are allowed in or near the Studio. Photography or
    videography conducted by non-employees is not allowed in or nearby the Studio. In the event where someone would like to take photos, video, audio or any recording they must receive prior consent from Aviator Nation. The consumption of food and beverage must be responsible and done so in locations permitted. The Fitness Studio reserves the right, in its sole discretion, to disallow any activities or items in or around the facility.
14. Aviator Nation reserves the right to revoke and cancel this Membership Agreement at any time for any reason, including but not limited to, violation of any policies, Aviator
    Nation Rules of Conduct, or failing to follow any terms listed on the Membership Agreement. In the event of a membership revocation, any initiation fees, enhancement fees, prepaid dues or monies collected for goods or services used will not be refunded except as provided by law.
15. A service fee not to exceed $25.00 will be charged immediately for any disallowed draft, credit card, or order returned for insufficient funds or for any other reason.
16. This Membership Agreement is entered into in the State of California. It shall be governed, interpreted, and construed and enforced in accordance with the domestic laws of the State of California without reference to principles of conflicts law.

17. In the event of any dispute between you and Aviator Nation which cannot be amicably resolved, the dispute shall be resolved by binding arbitration conducted by JAMS Los
    Angeles, at Los Angeles County, California. The prevailing party shall be entitled to recovery of all costs of the arbitration, including reasonable attorneys’ fees.
18. The Membership Agreement, these Terms and Conditions, the Release and Waiver of Liability, and all the Aviator Nation Rules of Conduct, regulations and schedules of Aviator Nation, as revised from time to time, constitute the entire agreement between

Aviator Nation and you as a Member, and supersedes all prior promises, representations, understandings and/or agreements relating to this purchase. The Agreement may be modified only by an instrument in writing; however, Aviator Nation is authorized to
correct patent errors in the Agreement (and in other related documents). We may void the Agreement if it is not completed by an Aviator Nation employee in accordance with the current pricing and payment programs, or if there has been any misrepresentation
by Member. No written alterations or amendments to the Agreement and/or these terms and conditions shall be valid and our employees are not authorized to make any changes or modifications to this Agreement whether written or verbal. This agreement may only be modified by a writing signed by you and Aviator Nation’s duly authorized representative.

Aviator Nation Rules of Conduct

These Rules of Conduct are part of the Membership Agreement. All Members and Participants are expected to follow these Rules in accordance with the terms of Membership.

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Prohibitions: The following actions or behaviors are strictly prohibited and may result in immediate removal from the Fitness Studio and termination of membership at the sole determination of Aviator Nation:

• Verbal or physical harassment or intimidation.
• Non-consensual or threatening contact with another person.
• Verbally abusive behavior, including using vulgar/expletive language, making demeaning comments or raising your voice at another individual.

• Sexually explicit conversation or behavior, including sexual contact with another individual.

• Inappropriate attire, as determined by the Fitness Studio.
• Open-toed or other improper shoes worn in the Fitness center area. (Closed-toe shoes must be worn in the Fitness center area.)
• Possession or use of any type of weapon, including firearms.
• Possession, use or being under the influence of alcohol or illegal substances/chemicals on the Fitness Studio’s premises.
• Smoking while on the Studio’s premises.

• Taking any pictures or videos in the Fitness Studio area without the express written consent of Aviator Nation.

• Theft or destruction of property.
• Solicitation or loitering on the Studio’s premises.
• Allowing a non-Member to accompany a Member or Participant in the Fitness Studio
• Allowing children under the age of 16 into the Studio.

Operational Rules of Conduct:
• Every session must be documented in the calendar prior to session start time.
• Intentional failure to document the Participant’s attendance in a session is prohibited.
• Members or Participants will be given a key fob or can utilize a QR code on provided app that will allow them to check-in upon entry into the Fitness Studio.
• Members and Participants are only granted access to the Studio when they have a training session scheduled by the instructor in the calendar.

• Failure to put the Member or Participant in the calendar will delay their start of the session.

Subscription Membership Agreement 6/2022

• Members and Participants may not use the Studio on days or times that they do not have a scheduled training session.
• Non-Member guests, including non-Member family Members, are not allowed to wait or otherwise stay in the gym while a Participant is in the Studio, unless Member / Participant obtains express written authorization by a staff-Member of the Studio.

• Participants may check-in up to 30 minutes prior to the class. This time may be used to warm up. This time may not be used to do self-workout on equipment.

• Participants are allowed to stay following a session only for cardio or cool down purposes. This time cannot be used to do personal workout on equipment.

• Participant is allowed to stretch or foam roller following a class.

• Under no circumstances are Members or Participants granted access for personal workouts. An instructor must be present and session scheduled any time a Participant or Member is in the Studio.

PER CLASS / CLASS PACK MEMBERSHIP AGREEMENT  

Aviator Nation Ride, an Aviator Nation, Inc. concept, (hereinafter “Aviator Nation”)  offers spin, yoga and large punching bag/boxing classes taught by instructors at our Fitness  Studio which can be purchased in any combination as class credits for a single class or group of  classes. I wish to purchase for myself, or on behalf of my minor child/legal ward (16 years and  older), the classes noted below. (Note: Membership for each Participant is separate and there is  no combining of Participants under a single Membership.)  

Your membership (which includes the membership of a participating minor) commences  upon the signing of this Agreement, the Participant’s signing of the Release And Waiver of  Liability, and full payment for the number of classes or class credits you have chosen.  Membership expires upon completion of your attendance at the class or classes which you have  purchased or of the applicable expiration period. Refunds for unused classes are not available.  (However, if, by reason of death or disability, the Member or assigned Participant is unable to  participate in the Studio classes, the Member or the Member’s estate shall be entitled to a refund  of all monies not allocated to services not taken within 30 days of notification by the Member or  the Member’s representative.) Upon expiration, membership can be reinstated upon the purchase  of an additional class or classes. In order to obtain a single membership on behalf of Member or  a minor Participant, an individual must be 18 years or older.  

 Membership allows the Participant to enter Aviator Nation’s Fitness facility (“Fitness  Studio” or “Studio”), to use its restrooms, toiletries, showers and lockers, and to participate in  the class or classes you have purchased only with an Aviator Nation instructor. Participants will  not have authorization to exercise or work out on their own and/or in the absence of an  instructor-taught class.  

 Classes can be purchased for your minor child (or legal ward), who must be at least 16  years old. If this membership is being purchased for a minor child, a parent or guardian does not  need to be present while the minor is in the Fitness Studio.  

 Membership is dependent on your signing Aviator Nation’s Release and Waiver of  Liability and your observance of the Aviator Nation Rules of Conduct, which are stated below in  this agreement. It is further dependent upon every Participant signing the Aviator Nation’s  Release and Wavier of Liability and their observance of the Aviator Nations Rules of Conduct.  Violation of the Rules of Conduct by either the Member or the Participant may result in  immediate cancellation of your membership at the sole discretion of Aviator Nation.  

 Aviator Nation reserves the right to change its hours of operation, class offerings and  pricing upon reasonable notice to you.  

 Classes can be scheduled through Aviator Nation’s website [https:// aviatornationride.com] or through its mobile device app. Classes are subject to availability.  

You may gift a class to a guest as long as that person signs the Waiver and Release of  Liability and acknowledges the Rules of Conduct. However, if you bring a guest who has not  been gifted a class then you or the guest will need to pay for the guest’s class and the guest must  sign and acknowledge the documents described in the preceding sentence.  

 You can pay for your class(s) with a credit card, debit card, cash or a gift card. Aviator  Nation does not accept checks.  

 Here are the class credit offerings, along with their pricing and expiration dates. Unused  classes after the expiration date expire and do not roll over.  

^☐ Single class/$30/Available for 30 days 

^☐ 5 Pack/$138/Available for 45 days 

^☐ 10 Pack/$265/Available for 3 months 

^☐ 20 Pack/$525/Available for 9 months 

^☐ 30 Pack $755/Available for One year 

The Terms and Conditions and the Aviator Nation Rules of Conduct, both of which are stated on  the following pages, are a part of this Membership Agreement.  

You, the buyer, may choose to cancel this agreement at any time prior to midnight of the  fifth business day of the Fitness 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: Aviator Nation, Inc., 2940 Main Street, Santa  Monica, California 90405; or email to ride@aviatornation.com. 

The total term of your agreement is based upon the class pack you chose, above,  ranging from 30 days to one (1) year.  

AVIATOR NATION RIDE  

ADDITIONAL TERMS AND CONDITIONS  

These Terms and Conditions are part of your Membership Agreement.  

1. You affirm, acknowledge and attest that your mailing address, telephone number, and e mail address provided in this Agreement are accurate and were provided by you  voluntarily. Subject to applicable law, you agree that Aviator Nation, including its  agents and affiliates, may contact you at any mailing address, phone number or e-mail  address set forth in this Agreement, or subsequently provided by you. By providing  your mobile number and your email number, you authorize Aviator Nation to contact  you by these methods. Additional costs may apply for text messages pursuant to your  cellular plan for which you may be responsible.  

2. You understand and acknowledge that Aviator Nation is a health and wellness facility  offering instructor-led classes and access to fitness equipment during the open hours of  operation (which are available on the Aviator Nation Ride website), located at 2940  Main Street, Santa Monica, California. You hereby acknowledge and agree that Aviator  Nation reserves the right to make changes to the type, quantity of classes or equipment  offered, including changing class times, without advance notice to you. You may not  cancel this Agreement because of such changes, provided that such changes are  reasonable under the circumstances. In addition, you understand and acknowledge that  operating hours may change at any given time and Aviator Nation reserves the right to  make such changes under reasonable circumstances.  

3. You represent that the Participant is in good health and has no disability, impairment,  injury, disease or ailment preventing the Participant from engaging in active or passive  exercise or which would cause increased risk or injury or adverse health consequences  as a result of use of Aviator Nation’s classes and facilities. Physical examinations by the  Participant’s physician is strongly recommended and encouraged for Participants before  starting an exercise program and/or exercise class, and especially if the Participant is  unaccustomed to physical exertion, or has physical limitations, a history of high blood  pressure, heart problems or other chronic illnesses, or Participants who have a history  of heart disease.  

4. Member (and Participant, if different) agree to follow all membership Rules of Conduct  set forth below, regulations and schedules of the Fitness Studio. These are contained in  this Membership Agreement. Additional Rules may be posted at the Fitness Studio or  issued orally, and may be made available on the website and the app, and may be  changed at any time at Aviator Nation’s discretion with or without notice to you.  

5. Your membership may not be transferred, sold or otherwise assigned without the  written consent of Aviator Nation.  

6. You understand and agree that if the Participant fails to use the Studio, attend any or all  of the classes you have purchased before the expiration period or failed to use all of the  class credits before expiration, that such absence or failure shall not release you from  the obligation to make all payments required by the terms of this Membership  Agreement.  

7. If applicable, you have provided Aviator Nation with your credit/debit card or bank  account information for the purpose of paying for goods and services, in addition to  your classes, which you may purchase at the Studio. These other charges may include  fees for retail apparel and other similar items, and food and beverage items. You agree  that Aviator Nation has the right to charge the credit/debit card account at any time,  including the time of purchase, and from time to time during the term of when services  or goods are rendered or pursuant to the terms of this Agreement. In the event a minor  child Participant under this Membership Agreement purchases any such items for retail  apparel, food or beverages under Member’s credit/debit card, you agree to guarantee  payment for such charges and authorize the debit of the provided credit/debit card or  bank account.  

8. For any fees not prepaid, I authorize Aviator Nation, Inc. (Studio) to electronically  transfer (EFT) on or about the first (1^st) of each month (the EFT Date) all amounts due  to Studio from the above account number (or from a substitute account number  provided to Studio for payment under this agreement. The amount due may include  purchase of the classes set forth in the agreement, or for additional purchases made by  me or by my authorized Participant, and any other unpaid fees or dues including fees  for fitness services or other ancillary services (collectively “EFT Dues”). Studio may  begin making deductions monthly for unpaid balances until my membership is  terminated or cancelled in writing.  

9. You are urged to avoid bringing valuables onto the Studio. Aviator Nation shall not be  liable for the loss of or theft of, or damage to, personal property or any authorized/pre approved guests, including items left in storage cubbies, locker rooms, dressing areas,  or elsewhere in the facility or on Fitness Studio property, including any location  wherein Members’ or Members’ Participants or guests’ vehicles are parked.  

10. You understand and acknowledge that Aviator Nation’s Studio utilizes gender-neutral  locker rooms and dressing areas, and no other type of locker room or dressing area has  been designated for Members’ or Participants’ use.  

11. Aviator Nation does not tolerate any inappropriate conduct. Such conduct includes, but  not limited to, loud, disruptive, abusive, offensive, insulting language, profanity, lewd conduct or any conduct that harasses or is bothersome to our employees, Members,  Participants, authorized/pre-approved guests or vendors. Aviator Nation reserves the  right to pass down final say in the event of inappropriate conduct or the perception of  such conduct. Aviator Nation does not tolerate inappropriate behavior, hatred or  oppression of any kind. We reserve the explicit right to immediately terminate the  membership of anyone who violates Aviator Nation’s policies or demonstrates  inappropriate behavior , as well as immediately remove them from the Facility.  

12. Pets are not permitted in the Studio. Service animals are welcome.  

13. Illegal drugs and smoking (including use of electronic cigarettes) are not permitted at  the Studio. No weapons of any kind are allowed in or near the Studio. Photography or  videography conducted by non-employees is not allowed in or nearby the Studio. In the  event where someone would like to take photos, video, audio or any recording they  must receive prior consent from Aviator Nation. The consumption of food and beverage  must be responsible and done so in locations permitted. The Fitness Studio reserves the  right, in its sole discretion, to disallow any activities or items in or around the Studio.  

14. Aviator Nation reserves the right to revoke and cancel this Membership Agreement at  any time for any reason, including but not limited to, violation of any policies, Aviator  Nation Rules of Conduct or failing to follow any terms listed on the Membership  Agreement. In the event of a membership revocation, any initiation fees, enhancement  fees, prepaid dues or monies collected for goods or services used will not be refunded  except as provided by law.  

15. A service fee not to exceed $25.00 will be charged immediately for any disallowed  draft, credit card, or order returned for insufficient funds or for any other reason.  

16. This Membership Agreement is entered into in the State of California. It shall be  governed, interpreted, and construed and enforced in accordance with the domestic  laws of the State of California without reference to principles of conflicts law.  

17. In the event of any dispute between you and Aviator Nation, other than an action by  Aviator Nation to collect fees claimed it is owed under this Membership Agreement,  which cannot be amicably resolved, including any claim for injury or damages arising,  directly or indirectly out of this Membership Agreement, use of the Studio, or the  Release and Waiver of Liability which is incorporated herein, the dispute shall be  resolved by binding arbitration conducted by JAMS Los Angeles, at Los Angeles  County, California, following their rules for arbitration. The prevailing party shall be  entitled to recovery of all costs of the arbitration, including reasonable attorneys’ fees.  

18. The Membership Agreement, these Terms and Conditions, the Release and Waiver of  Liability, and all the Aviator Nation Rules of Conduct, regulations and schedules of  

Aviator Nation, as revised from time to time, constitute the entire agreement between  Aviator Nation and you as a Member, and supersedes all prior promises,  representations, understandings and/or agreements relating to this purchase. The  Agreement may be modified only by an instrument in writing; however, Aviator Nation  is authorized to correct patent errors in the Agreement (and in other related documents).  We may void the Agreement if it is not completed by an Aviator Nation employee in  accordance with the current pricing and payment programs, or if there has been any  misrepresentation by Member. No written alterations or amendments to the Agreement  and/or these terms and conditions shall be valid and our employees are not authorized  to make any changes or modifications to this Agreement whether written or verbal.  This agreement may only be modified by a writing signed by you and Aviator Nation’s  duly authorized representative.  

Aviator Nation Rules of Conduct  

These Rules of Conduct are part of the Membership Agreement. All Members and Participants  are expected to follow these Rules in accordance with the terms of Membership.  

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Prohibitions: The following actions or behaviors are strictly prohibited and may result in  immediate removal from the Fitness Studio and termination of membership at the sole  determination of Aviator Nation:  

^• Verbal or physical harassment or intimidation.  

^• Non-consensual or threatening contact with another person.  

^• Verbally abusive behavior, including using vulgar/expletive language, making demeaning  comments or raising your voice at another individual.  

^• Sexually explicit conversation or behavior, including sexual contact with another  individual.  

^• Inappropriate attire, as determined by the Fitness Studio.  

^• Open-toed or other improper shoes worn in the Fitness center area. (Closed-toe shoes  must be worn in the Fitness center area.)  

^• Possession or use of any type of weapon, including firearms.  

^• Possession, use or being under the influence of alcohol or illegal substances/chemicals on  the Fitness Studio’s premises.  

^• Smoking while on the Studio’s premises.  

^• Taking any pictures or videos in the Fitness Studio area without the express written  consent of Aviator Nation.  

^• Theft or destruction of property.  

^• Solicitation or loitering on the Studio’s premises.  

^• Allowing a non-Member to accompany a Member or Participant in the Fitness Studio  ^• Allowing children under the age of 16 into the Studio.  

Operational Rules of Conduct: 

^• Every session must be documented in the calendar prior to session start time.  ^• Intentional failure to document the Participant’s attendance in a session is prohibited.  ^• Members or Participants will be given a key fob or can utilize a QR code on provided app  that will allow them to check-in upon entry into the Fitness Studio.  

^• Members and Participants are only granted access to the Studio when they have a training  session scheduled by the instructor in the calendar.  

^• Failure to put the Member or Participant in the calendar will delay their start of the  session.  

Class Pack Membership Agreement 6/2022

^• Members and Participants may not use the Studio on days or times that they do not have  a scheduled training session.  

^• Non-Member guests, including non-Member family Members, are not allowed to wait or  otherwise stay in the gym while a Participant is in the Studio, unless Member /  Participant obtains express written authorization by a staff-Member of the Studio.  

^• Participants may check-in up to 30 minutes prior to the class. This time may be used to  warm up. This time may not be used to do self-workout on equipment.  

^• Participants are allowed to stay following a session only for cardio or cool down  purposes. This time cannot be used to do personal workout on equipment.  ^• Participant is allowed to stretch or foam roller following a class.  

^• Under no circumstances are Members or Participants granted access for personal  workouts. An instructor must be present and session scheduled any time a Participant or  Member is in the Studio.