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ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

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C. Additional Training. We will make available additional training which we deem<br />

advisable to familiarize you and your management team on changes and updates in the System. The<br />

Principal Operator is required to annually attend our annual conference. In addition, during the first<br />

twelve (12) months following the opening of your Anytime Fitness Center, the Principal Operator must<br />

attend at least one (1) "Vitals" program we offer at our corporate office or in any region.<br />

D. Manual. We will loan you one copy ofthe manual in which we describe the System<br />

operational policies, standards, requirements and practices (the "Manual"). The Manual may be loaned to<br />

you by providing you access to an electronic version of the Manual. You will comply with all provisions<br />

of the Manual. We have the right to revise the Manual at any time or add additional manuals. You will<br />

incorporate all revisions into the Manual, and at all time the Manual (including any additional manuals)<br />

will remain on the premises of your Anytime Fitness Center. You will not make copies of any portion of<br />

the Manual without our prior written consent. You will operate your business in conformance with all<br />

mandatory provisions of these manuals. You acknowledge that these manuals are designed to protect our<br />

standards and systems and our Marks, and not to control the day-to-day operation of your Anytime<br />

Fitness Center.<br />

E. Ongoing Assistance. During the operation of your Anytime Fitness Center, we will make<br />

available to you from time to time all changes, improvements and additions to the System and all<br />

supplements and modifications to the Manual.<br />

F. Nature of Assistance and Training. You agree that we are not obligated to provide any<br />

training or assistance to your particular level of satisfaction, but as a function of our experience,<br />

knowledge and judgment. You also acknowledge that we are not obligated to provide any services to you<br />

that are not set forth in this Agreement. If you believe we have failed to adequately provide any preopening<br />

services to you or to your employees, whether with respect to site selection, selection and<br />

purchase of equipment and supplies, training, or any other matter affecting the establishment of your<br />

Anytime Fitness Center, you must notifY us in writing within thirty (30) days following the opening of<br />

your Anytime Fitness Center or you will be deemed to conclusively acknowledge that all pre-opening and<br />

opening services required to be provided by us were sufficient and satisfactory in your judgment, and<br />

complied with all representations made to you.<br />

9. APPEARANCE AND OPERATION OF YOUR <strong>ANYTIME</strong> <strong>FITNESS</strong> CENTER<br />

The Marks and System licensed to you represent valuable goodwill distinctive of our business<br />

and reputation. We will promulgate, from time to time, standards of quality and service regarding the<br />

business operations of Anytime Fitness centers so as to protect the distinction and goodwill represented<br />

and symbolized by the Marks and System. You must abide by those standards and the provisions set<br />

forth below unless otherwise authorized by us in writing.<br />

A. Construction. We will provide you with a prototype floor plan, as well as a list of the<br />

equipment, displays, fixtures, and furnishings (the "Prototype") for setting up or remodeling your<br />

Anytime Fitness Center. There will be some specifications in the Prototype that we will specify as<br />

mandatory (the "Mandatory Specifications"), and you must follow the Mandatory Specifications unless<br />

(due to particular circumstances of your Anytime Fitness Center) we agree in writing that you need not<br />

follow some of the Mandatory Specifications. You will make no changes to any building plan, design,<br />

layout or decor, or any equipment or signage without our prior written consent, and such changes will not<br />

be contrary to the Mandatory Specifications.<br />

B. fuw. You will prominently display, at your expense, both on the interior and exterior of<br />

your Anytime Fitness Center premises, signs in such form, color, number, location and size, and<br />

FA 12/09 8

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