ACCESS AGREEMENT AND ACKNOWLEDGEMENT OF RISK

Definitions

For purposes of this Agreement:

• "Participant" means any individual who enters, visits, uses, or is present at any facility operated by Rx Strength Training LLC, or who takes part in any activity, program, event, or service provided by or affiliated with Rx Strength Training LLC, whether as a member, guest, minor, vendor, third-party provider, spectator, or in any other capacity. This includes, but is not limited to, individuals participating in activities on-site, off-site, or virtually.

• "Activities" means all programs, events, classes, training sessions, competitions, workshops, seminars, meetings, or other services or functions provided, sponsored, or affiliated with Rx Strength Training LLC, whether conducted at a physical facility, at an off-site location, or through virtual or online platforms.

• "Facility" means any physical location, premises, or property owned, leased, operated, or used by Rx Strength Training LLC for the purpose of conducting Activities.

• "Affiliated Event" means any event, activity, or program organized, sponsored, or endorsed by Rx Strength Training LLC, including those held at third-party locations or via virtual platforms.

Scope

This Agreement is entered into by and between Rx Strength Training LLC, a Massachusetts limited liability company ("Rx"), and each individual ("Participant") who enters, uses, or participates in any Activity at or affiliated with Rx. The purpose of this Agreement is to promote a safe, respectful, and legally sound environment for all Participants and to clarify the rights and obligations of both Rx and each individual.

This Agreement applies to all Participants and to all Activities, whether conducted on-site at any Facility, off-site at any location, or virtually through any online or remote platform. The terms and conditions herein are binding upon all Participants for all current and future visits, uses, or participation in Activities, unless superseded in writing by Rx.

By signing, clicking, or otherwise agreeing to this Agreement, each Participant acknowledges that they have read, understood, and accepted all of its terms, and that this document is legally binding upon them and for all future visits and activities unless this Agreement is superseded in writing by Rx.

Acknowledgement of Risk and Voluntary Participation

The Participant understands and acknowledges that participation in any Activity at or affiliated with Rx, including but not limited to open gym, group classes, personal training, strength sports, and virtual sessions, involves inherent risks. Inherent risks are those that cannot be eliminated without fundamentally altering the nature of the activity. Participants engage in these Activities with full knowledge of these inherent risks and voluntarily accept and assume all such inherent risks as a condition of entry, presence, or participation at Rx.

The inherent risks include, but are not limited to:

• Physical Injury: Risks of strains, sprains, fractures, dislocations, concussions, musculoskeletal injuries, and other adverse physiological responses, including fainting (syncope), alteration in heart rhythm (arrhythmia), shortness of breath (dyspnea), chest pain (angina pectoris), rapid heart rate (tachycardia), heart attack (myocardial infarction), stroke (cerebrovascular accident), and any other physical injury due to any cause whatsoever.

• Equipment and Facility Use: Risks associated with the sudden and unforeseen malfunctioning of any equipment, personal error or misuse of equipment, or injury from contact with other equipment or training surfaces, including uneven or slippery surfaces.

• Actions or Omissions of Others: Risks arising from the conduct, negligence, or inattention of other participants, staff, guests, or third parties, including during supervised or unsupervised activities.

• Environmental and Health Factors: Risks related to weather conditions, heat, humidity, communicable diseases, or the aggravation of any pre-existing medical condition, whether disclosed or not.

This agreement is not intended to waive any statutory rights you may possess under Massachusetts law, including the right to bring a claim arising from the gross negligence or willful misconduct of Rx Strength Training LLC, its employees, or agents. Nothing in this Agreement shall be construed as a waiver of any rights or remedies available under Massachusetts law.

By signing this Agreement, each Participant affirms that they are physically and mentally capable of safely participating in all activities, have consulted with a physician if necessary, and voluntarily accept all such inherent risks as a condition of entry, presence, or participation at Rx. The Participant agrees to promptly disclose to Rx any medical conditions, injuries, or limitations that may affect their ability to safely participate in Activities. The Participant understands that failure to provide such information may limit Rx's ability to respond appropriately in the event of a medical emergency.

Indemnification

The Participant agrees to indemnify and hold harmless Rx and its officers, directors, employees, agents, affiliates, successors, and assigns ("Released Parties") from and against any and all losses, liabilities, damages, claims, and costs (including reasonable attorneys' fees) arising from injury or damage to third parties or to the Facility caused by the Participant's own negligent or willful acts or omissions. This provision does not require the Participant to indemnify Rx for any claims arising from the negligence, gross negligence, or willful misconduct of Rx, its employees, or agents. This indemnification will survive the termination of this Agreement.

Facility Rules & Code of Conduct

Adherence to these rules is a material condition of this Agreement and is required for any Participant to access or use the Facility.

1. Access & Membership

• Personal Access Only: Your access key/fob is for your personal use only and must not be shared. Each member must scan their own key for every entry.

• Strict No Tailgating Policy: Allowing an unauthorized individual to enter the Facility behind you ("tailgating") is a serious security breach and is strictly prohibited. This policy is critical for the safety of our members, especially during unstaffed hours. Violations will result in immediate consequences as outlined in this Agreement, including a $250 liquidated damages fee and potential membership revocation.

• Guests: Guests are permitted only during staffed hours and must sign an Access Agreement before using the Facility.

2. Safety & Equipment Use

• Train Responsibly: Be aware of your physical limits. We strongly recommend using a spotter for heavy or maximal-effort lifts, particularly during unstaffed hours.

• Use Safety Equipment: Always use safety features like spotter arms on squat racks and power cages. Set them to the appropriate height for your lift before you begin.

• Re-Rack Your Weights: When you are finished, return all weights, dumbbells, barbells, and other equipment to their designated storage areas. Do not leave weights on bars or on the floor.

• Control Your Lifts: Dropping weights is prohibited, except for controlled drops on designated lifting platforms with bumper plates. Never drop dumbbells or kettlebells. Be mindful of the equipment and the safety of those around you.

• Report Equipment Issues: If you notice any damaged or malfunctioning equipment, do not use it. Report it to management immediately via email or the member app so it can be addressed.

• Emergency Procedures: In case of a medical emergency, your first action is to call 911. The facility address and emergency contact numbers are posted near the main entrance and phones.

3. Hygiene & Cleanliness

• Wipe Down Equipment: Use the provided disinfectant spray and towels to thoroughly wipe down all equipment, benches, and mats after each use.

• Chalk Use: Use chalk responsibly and within the designated chalk bowls. Please clean up any excessive chalk spills on the floor or equipment.

• Personal Belongings: Store bags, coats, and other personal items in the provided cubbies or lockers to keep workout areas clear, safe, and unobstructed.

• Trash: Please dispose of all trash, water bottles, and food wrappers in the designated receptacles.

4. Code of Conduct & Gym Etiquette

• Respect the Community: Treat all members and the Facility with respect. Harassment, intimidation, loud or offensive language, and disrespectful behavior will not be tolerated.

• Share the Space: Be courteous and allow others to "work in" between your sets on equipment, especially during peak hours. Please do not rest on equipment between sets if others are waiting.

• Appropriate Attire: Proper athletic attire, including shirts and closed-toe athletic shoes, is highly recommended.

• Noise: Use headphones if you wish to listen to personal music. Be mindful of others when it comes to grunting, yelling, or other loud noises.

5. Animal Policy

• Well-Behaved Dogs Only: Our dog-friendly policy is a privilege for well-behaved dogs.

• Owner's Absolute Responsibility: As stated in this Agreement, you are 100% responsible and strictly liable for your dog's behavior and any damage or injury it may cause.

• Leash and Control: Dogs must be leashed and under your direct, physical control at all times. They are not permitted to roam freely or approach other members or dogs without explicit consent.

• Behavior: Any dog exhibiting disruptive, aggressive, or excessively noisy behavior must be removed from the Facility immediately.

• Cleanliness: You must clean up after your dog immediately and thoroughly.

• Management Discretion: Management reserves the right to deny or revoke facility access for any animal at any time, for any reason. Service animals as defined by the ADA are permitted in accordance with the law.

Unstaffed 24-Hour Access Acknowledgment and Rules

I understand and acknowledge that Rx Strength Training LLC offers an unstaffed 24-hour access service, and by utilizing this service, I voluntarily accept and assume all the following conditions and risks.

• Emergency Contact Information: I agree to provide up-to-date emergency contact information to Rx and understand that this information will be used in the event of an emergency.

• Heightened Risk Acknowledgment: I am aware that there will be no Rx staff present during unstaffed hours. This lack of supervision creates a significantly elevated risk of injury, equipment misuse, theft, and a potential delay in emergency response. I understand and accept that without a trained attendant on hand, there may be no one available to provide immediate first aid, administer CPR, or operate an Automated External Defibrillator (AED) in the event of a medical emergency. I acknowledge my responsibility to act with due care for my own safety and the safety of any minors or animals I bring with me.

• Video Surveillance: I acknowledge and agree that the Facility is under continuous video surveillance (without audio recording) for the purposes of security, safety, and enforcement of this Agreement. I understand that cameras are located in the public and common areas of the Facility and are not placed in private areas such as restrooms or changing rooms. I consent to being recorded and agree that I have no expectation of privacy in the common areas of the Facility. I further understand that this surveillance is recorded but not actively monitored in real-time, and it does not replace my personal responsibility to ensure my own safety and to contact emergency services when necessary.

• Liability for Property Loss: I understand that during unstaffed hours, the potential for theft or vandalism is increased. Rx Strength Training LLC is not responsible for the loss or theft of, or damage to, my personal property while on the premises unless such loss is caused by the gross negligence of Rx, and I hereby waive any claims against Rx for such losses under other circumstances.

• Emergency Procedures: In the event of an emergency, injury, or medical event, I agree that my first action will be to contact emergency services (e.g., 911). I will then, if able, notify Rx of the incident. I understand that Rx staff may not be immediately available to assist and that I am responsible for all related costs.

• Code of Conduct: During unstaffed hours, I agree to adhere to all facility rules and will not engage in activities that could endanger myself or others, including but not limited to dropping weights, misusing equipment, or allowing unauthorized individuals to enter the facility. I understand that violation of these rules may result in immediate and permanent termination of my access privileges.

Rules Violations and Liquidated Damages

Participant agrees that allowing unauthorized individuals to access the Facility, particularly during unstaffed hours, poses a significant security and liability risk to Rx and its members. The parties agree that the actual damages resulting from such a breach are difficult to ascertain at the time of contracting. Such damages may include, but are not limited to, the cost of reviewing security footage, conducting an investigation, addressing potential liability from an uninsured non-member, and the potential for theft or property damage.

Therefore, for each instance that a Participant allows an unauthorized individual to enter the Facility (an act commonly known as "tailgating"), the Participant agrees to pay Rx the sum of $250.00 as liquidated damages. The parties agree that this amount is not a penalty, but a reasonable forecast of the potential harm and costs Rx would incur from such a breach. This remedy shall be in addition to any other rights Rx may have under this Agreement, including the right to revoke membership.

Minors and Guardian Responsibilities

No individual under the age of eighteen (18) may enter, participate in, or be present for any activity without the express written consent of a parent or legal guardian ("Guardian"). By signing on behalf of a minor, the Guardian affirms their authority to do so and agrees to be bound by all terms herein. The Guardian agrees to provide proof of their guardianship if requested by Rx.

The Guardian assumes full responsibility for the safety, conduct, and compliance of the minor with all terms of this Agreement. The Guardian also consents to emergency medical care for the minor and accepts full financial responsibility for all related costs.

Animal Policy and Owner's Assumption of Strict Liability

Rx is a dog-friendly facility. This is a privilege extended to Participants, and it is strictly conditioned upon the dog owner's or handler's ("Owner") unequivocal acceptance of the terms herein.

1. Assumption of "Owner and Keeper" Status: The Owner acknowledges that they have read and understand the Massachusetts strict liability dog bite statute, M.G.L. c. 140, § 155. The Owner agrees that at all times their animal is on Facility premises, the Owner is solely responsible for the care, custody, management, and control of the animal. As a material condition of being granted access, the Owner contractually agrees that they, and not Rx Strength Training LLC, shall be considered the sole "owner and keeper" of the animal for all purposes under the statute.

2. Strict Liability and Indemnification: The Owner accepts full, complete, and strict liability for any and all personal injury, property damage, or other harm caused by their animal, regardless of whether the animal has previously shown aggressive tendencies. The Owner agrees to defend, indemnify, and hold harmless Rx Strength Training LLC and its officers, directors, employees, agents, and affiliates ("Released Parties") from any and all claims, demands, liabilities, lawsuits, losses, costs, or expenses of any kind, including reasonable attorneys' fees, arising out of or related to the presence or conduct of their animal on the premises. This indemnification obligation specifically includes, but is not limited to: Claims brought against the Released Parties by any third party (including other Participants, guests, or staff). Claims in which it is alleged that Rx Strength Training LLC is liable as a "keeper" of the animal under M.G.L. c. 140, § 155. All legal fees and costs incurred by the Released Parties in defending against any such claims.

3. Rules of Conduct: The Owner must adhere to the rules set forth in the "Facility Rules & Code of Conduct" section of this Agreement at all times.

By bringing an animal into the Facility, the Owner affirms they have read, understood, and voluntarily agreed to be bound by these terms, accepting all legal and financial responsibility for their animal.

Services Provided by Employees and Independent Providers

Certain services provided at or through Rx, such as nutrition counseling, may be provided directly by employees of Rx Strength Training LLC ("Company Employees"). Other services, including but not limited to physical therapy, may be provided by independent contractors or third-party businesses ("Independent Providers") who are not employees, agents, or affiliates of Rx.

All Independent Providers are required to maintain appropriate professional liability insurance and to provide proof of such insurance to Rx upon request. The Participant acknowledges and agrees that Rx does not supervise, direct, or control the professional judgment, methods, or services of any Independent Provider and is not responsible for any act, omission, advice, or service provided by such Independent Provider.

The Participant agrees to pursue any and all claims arising from the services of an Independent Provider directly against that provider. For clarity, Rx remains fully responsible for all services provided directly by its Company Employees.

Disclaimer of Medical Advice for Nutrition Services

Nutrition counseling and related services provided by Rx Strength Training LLC, its employees, or independent providers are intended solely for informational and educational purposes. These services are not a substitute for medical advice, diagnosis, or treatment from a physician or other qualified healthcare provider. Participants are strongly advised to consult with their physician before making any significant changes to their diet, exercise, or health regimen. No information provided during nutrition counseling or related services should be interpreted as medical advice or as a recommendation for any specific medical treatment.

Scope of Practice for Nutrition Professionals

All nutrition professionals, including dietitians, providing services at or through Rx Strength Training LLC will operate strictly within the scope of their professional licensure and training. No nutrition professional will diagnose, treat, or prescribe for any medical condition. Any advice or recommendations provided are not intended to replace medical care or treatment from a licensed physician. Participants acknowledge that nutrition professionals may refer them to a physician or other healthcare provider if a medical issue is identified or suspected.

Scope of Practice for Physical Therapists

All physical therapists providing services at or through Rx Strength Training LLC will operate strictly within the scope of their professional licensure and training, as defined by applicable Massachusetts law and regulations. No physical therapist will diagnose, treat, or prescribe for any medical condition outside their authorized scope of practice. Any advice, assessment, or recommendations provided are not intended to replace medical care or treatment from a licensed physician. Participants acknowledge that physical therapists may refer them to a physician or other healthcare provider if a medical issue is identified or suspected.

Membership, Conduct, and Revocation

The Participant agrees to abide by all rules and regulations of Rx, which are set forth in this Agreement and may also be posted at the Facility, online, or issued orally by staff. Rx reserves the right, at its sole and absolute discretion, to revoke and cancel a Participant's membership or access for violating any rule or for engaging in conduct deemed unsafe, disruptive, or disrespectful to others.

In the event of a proposed permanent revocation, the Participant will be provided with written notice and a brief opportunity to respond, except in cases of immediate safety risk. In the event of such a revocation, the Participant will not be entitled to any refund or compensation, except as required by Massachusetts law. Rx will comply with all applicable Massachusetts laws regarding membership cancellation and refunds, including but not limited to M.G.L. c. 93, §§ 78-89. Any Participant who is asked to leave the premises and refuses to do so may be considered a trespasser.

Subscription Renewal and Cancellation Notice

The terms of this section apply only to Participants who have entered into a recurring, paid subscription or membership plan with Rx Strength Training LLC.

Automatic Renewal: All subscriptions (including monthly, annually, or otherwise recurring plans) are subject to automatic, recurring billing ("Renewal Date") according to the specific schedule purchased. By purchasing a subscription, the Participant expressly authorizes Rx to charge the provided payment method on each Renewal Date until the subscription is properly cancelled.

Cancellation Requirement (Advanced Notice): To prevent the next automatic billing charge, the Participant must initiate cancellation through one of the approved methods listed below at least three (3) full business days prior to the scheduled Renewal Date.

• Cancellation Deadline: The cancellation request must be successfully submitted (via the Account Portal) or received (via Google Form/Email) by Rx no later than three (3) full business days before the Renewal Date to stop the charge for the upcoming billing cycle.

• Approved Methods for Cancellation/Change: Cancellation or change requests must be processed through one of the following methods: • Account Portal (Recommended): Canceling the plan by logging into the designated online account management portal. This action is effective immediately upon submission. • Google Form: Completion and submission of the official Membership Hold/Cancellation Request Google Form. The date of submission governs the deadline. • Written Notice: An email sent directly to the official Rx membership email address ([e.g., info@rxstrengthtraining.com]). The date and timestamp of receipt by Rx governs the deadline.

No Refund for Late Notice: The Participant acknowledges and agrees that failure to provide timely notice by the Cancellation Deadline will result in the scheduled charge being processed. No full or partial refund will be provided for the new billing cycle if the cancellation notice is submitted or received on or after the Cancellation Deadline. The Participant's access and privileges will remain active until the end of that final paid billing cycle.

Cancellation Rights & Refund Policy

The following cancellation and refund rights apply only to Participants who have entered into a paid membership or service contract with Rx Strength Training LLC. For all other Participants, these provisions do not apply.

ADDITIONAL RIGHTS TO CANCELLATION

YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS AGREEMENT.

You or your estate may also cancel this contract for any of the following reasons:

• If, upon a doctor's order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months;

• In case of your death;

• If the health club services to be provided under this contract are not available because the seller fails to open a planned health club or location, permanently discontinues operation of a health club or location, or substantially changes the operation of a health club or location; or

• If you move either your residence or your place of employment more than twenty-five (25) miles from any health club operated by the seller or a substantially similar health club which will accept the seller's obligation under the contract.

Refund Policy: All monies paid by the buyer pursuant to a contract for health club services which has been cancelled for one of the reasons contained in this section shall be refunded to the buyer or their estate within fifteen (15) days of the seller's receipt of such notice of cancellation. Rx may retain that part of the total contract price proportional to the amount of time that services were used prior to cancellation. The company may also charge for any goods or services consumed or retained after cancellation. The prorated refund amount will be calculated based on the total contract price and the number of days or services used prior to the effective date of cancellation. In no instance shall the seller demand more than the full contract price from the buyer.

Media and Likeness Release

By entering Rx facilities or participating in any Rx-affiliated activity, each Participant grants Rx the right and permission to photograph, record, film, or otherwise capture the Participants name, image, likeness, and voice (collectively, "Likeness"). This grant of rights is for any lawful purpose, including marketing, advertising, promotional materials, and social media, without further notice, approval, or compensation. This media release shall be valid for a period of five (5) years from the date of signing.

If the Participant is a minor, the Guardian signing this Agreement grants the same permissions. A Guardian who does not wish for a minor's Likeness to be used must notify Rx in writing prior to participation, but Rx cannot guarantee exclusion from all group or public media. An adult Participant may revoke this permission for future marketing uses by providing written notice to Rx, with the understanding that Rx cannot reasonably remove the Participant's Likeness from materials already published or in production.

Dispute Resolution and Governing Law

IMPORTANT: BY SIGNING THIS AGREEMENT, YOU AGREE TO RESOLVE ALL DISPUTES BY BINDING ARBITRATION AND WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU MAY, HOWEVER, BRING A CLAIM IN A SMALL CLAIMS COURT FOR DISPUTES WITHIN ITS JURISDICTION.

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Participant's presence or participation at Rx shall be resolved exclusively by binding arbitration in Middlesex County, Massachusetts, in accordance with the rules of the American Arbitration Association (AAA). The parties expressly waive any right to a trial by jury or to participate in a class action or representative proceeding. This Agreement, and any dispute or claim arising out of it, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

In any action brought to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.

General Provisions

This Agreement constitutes the full, final, and exclusive understanding between the Participant and Rx with respect to all matters addressed herein. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. Rx may modify this Agreement with written notice to the Participant, and continued use of the Facility or participation in Activities shall constitute acceptance of such modifications. No oral statements or representations shall modify the terms of this Agreement.

Acknowledgment and Signatures

By signing below, I acknowledge that I have read, understood, and voluntarily accept all terms and conditions of this Universal Access Agreement and Acknowledgement of Risk. I understand that by signing, I am assuming certain legal risks to the extent permitted by law, and that this Agreement is intended to be legally binding upon me, my heirs, executors, administrators, and assigns. I have had the opportunity to review this document with an attorney of my choosing if I so desired, and I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing.

If I am signing on behalf of a minor, I affirm that I am the parent or legal guardian of the minor and have the authority to bind the minor to this Agreement. I further acknowledge and agree that all terms, acknowledgments, and indemnifications apply equally to both myself and the minor, and that I have read, understood, and voluntarily accept all terms of this Agreement on the minor's behalf.

Please read carefully and sign in the appropriate section below.

Participant Information

If you are signing on behalf of a minor (under age 18), please have them complete the preceding and include your emergency contact information below: