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ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

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containing such Marks as we designate. We also may require you to use illuminated signs. You will<br />

obtain all permits and licenses required for such signs and will also be responsible for ensuring that all<br />

signs comply with all laws and ordinances. You will not display in or upon your Anytime Fitness Center<br />

premises any sign or advertising of any kind to which we object.<br />

C. Services. You will conform to all quality and customer service standards prescribed by<br />

us in writing, provided that the standards are not specifically set for you, but are set for our entire system,<br />

or a specific region or market in which other Anytime Fitness centers are operating.<br />

D. Maintenance of Premises. You will paint and keep in an attractive, clean and sanitary<br />

condition the interior and exterior of your Anytime Fitness Center premises. All equipment will be kept<br />

in good working order and will meet our quality standards.<br />

E. Approved Information System. We may designate the information system used in your<br />

Anytime Fitness Center, including the cash register and/or computer hardware, software, other equipment<br />

and enhancements (the "Information System"). In such event, in connection with the approved<br />

Information System, you agree to the provisions set forth below.<br />

1. You will be required to acquire the right to use the Information System, obtain<br />

peripheral equipment and accessories and arrange for installation, required maintenance and support<br />

services, all at your cost. Installation must be performed by a person we have approved and trained.<br />

2. So long as you are using our preferred vendor for your billing and payment<br />

processing, we or one of our affiliates will provide you, free of charge, one license for its "24-hour<br />

access" software program (the "24 Hour Software") for use at your Anytime Fitness Center, subject to all<br />

applicable license terms and conditions. The 24 Hour Software, which will be deemed part of the<br />

Information System, is designed to provide your members 24-hour access to your Anytime Fitness<br />

Center, track usage, and give members reciprocity between Anytime Fitness centers. You must, at your<br />

cost, install and properly maintain the 24 Hour Software, and you must pay us or our affiliate a monthly<br />

support fee for its ongoing support of the software. You hereby release and agree to hold us and our<br />

affiliates, and our respective officers and directors, harmless from and against any and all claims, liability,<br />

damages, or causes of action of any nature arising from, or in connection with, the installation,<br />

maintenance, or operation of the 24 Hour Software and its billing and payment processing, except to the<br />

extent arising from such party's gross negligence or intentional acts.<br />

3. We will have the right at all times to access the Information System and to<br />

retrieve, analyze, download and use all software, data and files stored or used on the Information System.<br />

We may access the Information System in your Anytime Fitness Center or from other locations. You will<br />

store all data and information on the Information System.<br />

4. You will be responsible for the cost of all required upgrades.<br />

5. We may require you to have e-mail and/or high speed Internet access capabilities<br />

at your Anytime Fitness Center location and/or management location.<br />

F. Billing and Payment Processing Services. We have the right to designate one or more<br />

preferred vendors for billing and payment processing services. You must use the preferred vendor that<br />

we designate (or one of the preferred vendors if we designate more than one) for all your billing and<br />

payment processing. You must pay the preferred vendor their customary charges for these billing and<br />

payment processing services, as well as their customary charges for all other ancillary services they<br />

provide.<br />

FA 12/09 9

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