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ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

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5. MONTHLY FEE<br />

A. Monthly Fee. You will pay to us a monthly royalty payment (the "Monthly Fee"). The<br />

Monthly Fee will initially be Four Hundred Nineteen Dollars ($419) per month (unless your Anytime<br />

Fitness Center will be operated under the name, "Anytime Fitness Express," and is located in the same<br />

territory we granted to you for an Anytime Fitness Center you are operating, in which case the Monthly<br />

Fee will initially be Three Hundred Fifty-nine Dollars ($359) per month). On January 1 of each year,<br />

beginning January 1,2010, we may increase the Monthly Fee to reflect inflation according to the changes<br />

in the Consumer Price Index -- All Items 1982-84 =100 (the "Index") published by the Bureau of Labor<br />

Statistics, U.S. Department of Labor, or its successors, or, in the event the Index is no longer published,<br />

by any other comparable instrumentality we select tracking inflation in the United States. The increase<br />

will be based on the increase in the Index for the most recent twelve (12) months ended November 30 of<br />

each year, and such increase will take effect on January 1. Your obligation to pay us the Monthly Fee<br />

under the terms of this Agreement will remain in full force and effect throughout the term of this<br />

Agreement. The Monthly Fee is due on or before the first day of each month. If you open after the first<br />

day of the month, the Monthly Fee is not due until the month that begins immediately after the month that<br />

your Anytime Fitness Center opens. For example, if you sign this Agreement April 15, and your Anytime<br />

Fitness Center opens June 15, the first time that you must pay the Monthly Fee is July 1. Your obligation<br />

to pay the Monthly Fee continues through the term of this Agreement. You will also pay the full amount<br />

of the Monthly Fee for the last month of the term of this Agreement, regardless the actual expiration or<br />

termination date of this Agreement.<br />

B. Method of Payment.<br />

1. Notwithstanding any designation by you, we have the sole discretion to apply<br />

any payments made by you to any of your indebtedness for Monthly Fees, advertising contributions,<br />

purchases from us or our affiliates, interest, collection costs or any other indebtedness.<br />

2. You hereby authorize your billing and payment processor to deduct from any<br />

monies it collects on your behalf the amount of all fees you are obligated to pay us and to pay those fees<br />

to us on the due date of such fee. We also have the right to require you to sign and deliver to us, our<br />

bank(s) and your bank, as necessary, all forms and documents that we may request to permit us to debit<br />

your account, either by check, via electronic funds transfer or other means or such alternative methods as<br />

we may designate ("Payment Methods") for all fees and payments due to us. We may use the Payment<br />

Methods to collect Monthly Fees, advertising fees and any other amounts due to us or our affiliates on the<br />

date such amounts become due. You will notify us at least twenty (20) days before closing or changing<br />

the account against which such debits are to be made. If such account is closed or ceases to be used, you<br />

will immediately provide all documents and information necessary to permit us to debit the amounts due<br />

from an alternative account. You acknowledge that these requirements are only a method to facilitate<br />

prompt and timely payment of amounts due and will not affect any obligation or liability for amounts<br />

owed.<br />

C. Security Interest. You grant us a first priority security interest in your receivables and<br />

equipment, whether now existing or hereinafter created, together with all proceeds of such assets. You<br />

authorize us to file one or more financing statements to evidence this security interest. However, we will<br />

subordinate our first priority interest to a lending institution that provides you financing for your Anytime<br />

Fitness business.<br />

FA 12/09 5

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