ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

espect to your Anytime Fitness Center and any other aspect of the relationship between us, and cannot be
amended except by a written agreement signed by each of us.
F. Approvals. Wherever our consent or approval is required in this Agreement, unless the
provision specifically indicates otherwise, we have the right to withhold our approval in our discretion,
for any reason, or for no reason. When the terms of this Agreement specifically require that we not
unreasonably withhold our approval or consent, if you are in default or breach under this Agreement, any
withholding of our approval or consent will be considered reasonable. Our approvals and consents will
not be effective unless given in writing.
G. Interpretation. It is the desire and intent of you and us that the provisions of this
Agreement be enforced to the fullest extent possible under the applicable laws and public policies.
Therefore, if any provision of this Agreement is determined by a court or arbitrator to be invalid or
unenforceable, that determination will apply only to the operation of that provision in the particular
proceeding in which the determination is made. We and you agree that if any provision of this
Agreement is capable of two (2) constructions, one of which would render the provision illegal or
otherwise voidable or unenforceable and the other of which would render the provision valid and
enforceable, the provision will have the meaning that renders it valid and enforceable. The language of
all provisions of this Agreement will be construed simply according to its fair meaning and not strictly
against you or us.
H. Waiver. Except as otherwise provided in this Section 19.H, neither of us will be deemed
to have waived any obligation of the other, or to have agreed to any modification ofthis Agreement,
unless we have done so in writing, and the writing is signed by the person giving the waiver or agreeing
to the modification. However, you agree that you will give us immediate written notice of any claimed
breach or violation ofthis Agreement as soon as possible after you have knowledge, or determine, or are
of the opinion, that there has been a breach or violation by us of this Agreement. If you fail to give
written notice to us of any claimed breach or violation of this Agreement within one (1) year from the
date you have knowledge, determine, are ofthe opinion, or become aware of facts and circumstances
reasonably indicating, that you may have a claim against us or against any of our affiliates under any state
law, federal law, or common law, then the breach or violation will be considered to have been condoned,
approved and waived by you, and you will be barred from beginning any legal, arbitration, or other action
against us or against our affiliates, or from instituting any counterclaim against us or our affiliates, for the
breach or violation, or from using the alleged breach or violation as a defense to any action we may
maintain against you.
I. Time. Time is of the essence to this Agreement.
1. Counterparts. This Agreement may be signed in counterparts, each of which will be
considered an original.
K. Entire Agreement. The preambles are a part ofthis Agreement. This Agreement,
together with its exhibits, constitute the entire agreement between the parties with respect to the entire
subject matter ofthis Agreement and embody and supersede all prior agreements and negotiations with
respect to this subject matter. The headings of the Sections hereof are for convenience only and do not
define, limit or construe the contents of such Sections. The term "you" as used herein is applicable to one
or more persons, a corporation, a partnership or limited liability company, as the case may be, and the
singular usage includes the plural and the masculine and neuter usages include the other and the feminine.
If more than one person executes this Agreement for you, then your obligations are joint and several.
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