ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

E. Relief. You agree that damages alone cannot adequately compensate us if there is a
violation of these noncompetitive covenants and that injunctive relief is essential for our protection. You
therefore agree that in case of your alleged breach or violation of this Section, we may seek injunctive
relief, in addition to all other remedies that may be available to us at equity or law. In addition, if you
violate the restriction provided for in Section 17.B, the period of time during which the restriction will
remain in effect will be extended until two (2) years after you cease violating the restriction.
18. ENFORCEMENT
A. Injunctive Relief! Attorneys' Fees. We will be entitled, upon posting of a bond to be
determined by a court or arbitrator, but not to exceed One Thousand Dollars ($1,000) to the entry of
temporary restraining orders and temporary and permanent injunctions enforcing the provisions of this
Agreement, and any of our specifications, standards, or operating procedures, or any of your other
obligations to us. If we are successful in obtaining an injunction, or any other judicial relief or order from
an arbitrator against you, or in successfully defending any claim you have brought against us, you will
pay us an amount equal to all of our costs of prosecuting and/or defending the action, including
reasonable attorneys' fees, costs of investigation, court and arbitration costs, and other litigation or
arbitration expenses. Our right to obtain injunctive or other equitable relief is in addition to any other
right we may have under this Agreement and will in no way limit or prohibit us from obtaining money
damages from you if you breach this Agreement.
B. Mediation. Except where either of us believes it is necessary to seek equitable relief to
preserve the goodwill of our respective businesses (including, but not limited to, the enforcement of
obligations upon termination of this Agreement and the covenants not to compete contained in this
Agreement), we each agree to enter into mediation of all disputes involving this Agreement or any other
aspect ofthe relationship between us, for a minimum of four (4) hours, prior to initiating any legal action
or arbitration against the other.
1. Upon written notice by either of us to the other of our desire to mediate, the party
receiving the notice will select an independent entity that provides mediation services to serve as mediator
in the proceeding. If the party receiving the notice of intent to mediate does not name such an
organization within ten (10) days from the date the notice of intention to mediate is received, then the
other party may proceed as ifthis Section 18.B did not exist, or, at its option, make the selection of the
organization to provide mediation services. If one of us selects an organization that is unwilling to serve
as mediator, then the other one of us may select the organization. Once the organization is designated and
agrees to accept the appointment as mediator, the organization will be directed to schedule a mediation
proceeding at a time mutually convenient to us and to you. The mediation will be held within thirty (30)
days following receipt by the mediation organization of notification that its services are requested. If you
and we cannot agree on a date for mediation, then the mediation organization will select a date it believes
is reasonable for both of us, given all ofthe claimed conflicts in dates. The person actually mediating the
dispute will be required to have at least five (5) years of experience as either a franchisee or franchisor (or
as an officer of such an entity) or in franchise law. You and we will equally share the cost of the
mediator. The mediator will select the location for the mediation, but unless we both agree otherwise, the
mediation will be held in a metropolitan area with at least 250,000 persons that is not located within one
hundred (100) miles of either your principal office or our principal office.
2. Except for the matters identified above where you or we are permitted to bring an
action or arbitration without first mediating the dispute, if either party initiates litigation or arbitration
without complying with their obligation to mediate in accordance with this paragraph (unless the other
party has failed to respond on a timely basis or has indicated it will not engage in mediation in accordance
with the provisions of this Section 18.B), then upon petition of whichever of us has a lawsuit or
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