ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

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L. Patriot Act. You represent and warrant that to your actual and constructive knowledge: (i) neither you (including your directors, officers and managers), nor any of your affiliates, or any funding source for your Anytime Fitness Center, are identified on the list at the United States Treasury's Office of Foreign Assets Control (OFAC); (ii) neither you nor any of your affiliates are directly or indirectly owned or controlled by the government of any country that is subject to an embargo imposed by the United States government; (iii) neither you nor any of your affiliates are acting on behalf ofthe government of, or is involved in business arrangements or other transactions with, any country that is subject to such an embargo; (iv) neither your nor any of your affiliates are on the U.S. Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred Lists, or on the U.S. Department of Treasury's Lists of Specialty Designated Nationals, Specialty Designated Narcotics Traffickers or Specialty Designated Terrorists, as such lists may be amended from time to time (collectively, the Lists); (v) neither you nor any of your affiliates, during the term of this Agreement, will be on any of the Lists; and (vi) during the term of this Agreement, neither you nor any of your affiliates will sell products, goods or services to, or otherwise enter into a business arrangement with, any person or entity on any of the Lists. You agree to notify us in writing immediately upon the occurrence of any act or event that would render any of these representations incorrect. 21. NOTICES Any and all notices required or permitted under this Agreement will be in writing and will be deemed to have been duly given upon the earlier of (i) when received; (ii) one (1) business day after placement with a reputable national overnight carrier; or (iii) three (3) business days after deposit (not including the day of deposit), if placed in the mail fordeliverybycertifiedmail.postagepre-paid.and.in the cases of clauses (ii) or (iii), addressed to the respective parties at the following addresses unless and until a different address has been designated by written notice to the other party: Notice to us: Anytime Fitness, LLC 12181 Margo Avenue South Hastings, Minnesota 55033 Attention: President Notice to you: See Rider 22. ACKNOWLEDGEMENTS A. Independent Investigation. You acknowledge that you have conducted an independent investigation ofthe business franchised under this Agreement, and recognize that the business venture contemplated by this Agreement involves business risks and that its success will be largely dependent upon your ability as an independent business person. B. Franchise Agreement. You acknowledge that you have received, read, and understood this Agreement and that we have fully and adequately explained the provisions of it to your satisfaction and that we have accorded you time and opportunity to consult with advisors of your own choosing about the potential benefits and risks of entering into this Agreement. C. Other Franchises. You acknowledge that other Anytime Fitness franchisees have or will be granted franchises at different times and in different situations, and further acknowledge that the provisions of such franchises may vary substantially from those contained in this Agreement. You also acknowledge that because complete and detailed uniformity under varying circumstances may not be practical, there may be variations we grant to other of our Anytime Fitness centers (whether franchised, or FA 12/09 27
centers that we or our affiliates operate), and you will not be entitled to require us to grant similar variations or privileges to you. FA 12/09 [THIS AGREEMENT CONTINUES WITH A RIDER AND INITIAL <strong>FRANCHISE</strong> FEE ATTACHMENT, WHICH ARE A PART OF THIS AGREEMENT] 28
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ANYTIME FITNESS FRANCHISE DISCLOSUR
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ANYTIME FITNESS, LLC FRANCmSE DISCL
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operations and licenses. Many state
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1. Anytime Fitness, Inc. v. Reserve
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If you are an existing franchisee t
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Type of Fee (Note 1) Amount (Note 2
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AMOUNT TYPE OF ANYTIME METHOD TO WH
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(7) We require you have an automate
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We may negotiate preferred vendor c
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Section in Franchise Section in Dev
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Under the personal guaranty, which
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$150,000 per location. Gaia will ty
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ITEM 11. FRANCmSOR'S ASSISTANCE, AD
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Name Subjects Taught Background Deb
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the initial training, will provide
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services to the fund. We will not s
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ITEM 13. TRADEMARKS The Franchise A
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Provision b. Renewal or extension o
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Section in Franchise or Provision O
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Section in Franchise or Provision O
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ACCOUNTANT HAS AUDITED THESE FIGURE
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the third (800 members) column. Bec
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State Year Number of Transfers 2006
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Reacquired Ceased Outlets by the Op
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Outlets Outlets at Reacquired Outle
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Name l City and State Telephone Num
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Name l City and State Telephone Num
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FDD EXHIBIT A LIST OF STATE AGENCIE
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Virginia State Corporation Commissi
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FDD EXHIBITB TABLE OF CONTENTS OF O
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150 -151 152 153 153 154 -160 161 -
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FDD EXHIBITC LIST OF FRANCmSEES AS
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Name Scott & Shelby Mitteer Shane M
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Name Address Telephone GymDay Corp.
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Name Address Telephone Full of Life
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Name Address Telephone Colorado 534
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Name Address Telephone Good Life Ve
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Name Address Telephone H-I02 Inc. 1
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Name Address Telephone Chris Naples
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Name Address Telephone Bill Taylor
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Name Address Telephone Make It Happ
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Name Address Telephone Joe Koeppl 1
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Name Address Telephone Temple Keepe
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Name Address Telephone 7350 West St
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Name Address Telephone 24 Fitness,
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Name Address Telephone Dana Cates H
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Name Address Telephone Metairie Fit
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Name Address Telephone Ultimate Sec
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Name Address Telephone NK Fitness,
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Name Address Telephone FIF, Inc. 65
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Name Address Telephone J Abernethy,
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Name Address Telephone Kenneth & Kr
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Name Miranda Hills Miranda Hills Mi
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Name Address Telephone Kenny Stubbl
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Name Address Telephone West-Am Fitn
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Name Address Telephone 24 Fitness,
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Name Address Telephone Clifford Pie
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Name Address Telephone Rick Whittin
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Name Address Telephone Effects Pers
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Name Address Telepbone RL W Enterpr
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Name Address Telephone Silent Owl,
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Name Address Telephone 2101 Broadwa
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Name Address Telephone Dennis Rudni
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Name Address Telephone Fitness 180,
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Name Address Telephone 1604 N Calab
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Name Address Telephone Jerry Greger
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Name Address Telephone CM Fitness,
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Name Address Telephone Erik Recende
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Name Address Telephone Helen Wada 1
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Name Address Telephone Scott Schimm
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FDD EXHIBITD FINANCIAL STATEMENTS
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ANYTIME FITNESS, INC. FINANCIAL STA
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- This page intentionally left blan
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ANYTIME FITNESS, INC. STATEMENT OF
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ANYTIME FITNESS, INC. NOTES TO FINA
Page 160 and 161: ANYTIME FITNESS, INC. NOTES TO FINA
Page 166 and 167: ANYTllvIE FITNESS, INC. FINANCIAL S
Page 173: SUPPLEMENTAL DISCLOSURES OF CASH FL
Page 182 and 183: FA 12/09 FRANCHISE AGREEMENT ANYTIM
Page 184 and 185: ANYTIME FITNESS FRANCHISE AGREEMENT
Page 186 and 187: fees and a modification to the Prot
Page 188 and 189: 5. MONTHLY FEE A. Monthly Fee. You
Page 190 and 191: 1. We will have ten (10) business d
Page 192 and 193: containing such Marks as we designa
Page 194 and 195: 1. You acknowledge that the mandato
Page 196 and 197: You will also allow us to visit you
Page 198 and 199: insurance program and waive any cla
Page 200 and 201: 7. prior to the date of the propose
Page 202 and 203: C. Applicable Law. If the provision
Page 204 and 205: 17. YOUR COVENANTS NOT TO COMPETE A
Page 206 and 207: arbitration proceeding brought agai
Page 208 and 209: provisions relating to assignment.
Page 212 and 213: 1. Effective Date: ________ _ FRANC
Page 214 and 215: PERSONAL GUARANTY AND AGREEMENT TO
Page 216 and 217: STATE SPECIFIC ADDENDUM TO FRANCHIS
Page 222 and 223: IN WITNESS WHEREOF, the undersigned
Page 226 and 227: STATE SPECIFIC ADDENDUM AS REQUIRED
Page 230 and 231: ADA 12/09 AREA DEVELOPMENT AGREEMEN
Page 232 and 233: ANYTIME FITNESS® AREA DEVELOPMENT
Page 234 and 235: provided, however, that you will no
Page 236 and 237: 1. Effective Date: _______ _ AREA D
Page 238 and 239: PERSONAL GUARANTY AND AGREEMENT TO
Page 240 and 241: STATE SPECIFIC ADDENDUM TO DEVELOPM
Page 248 and 249: FDD EXHIBITG STATE SPECIFIC ADDENDA
Page 250 and 251: 5. The Franchise Agreement contains
Page 252 and 253: TOGETHER WITH A COPY OF ALL PROPOSE
Page 256 and 257: exercising a right of first refusal
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6. The following is added in Item 1
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STATE SPECIFIC ADDENDUM AS REQUIRED
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Financing Consultant Agreement You,
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FDD EXHffiITI-l US BANK FINANCE DOC
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FDD AMERIFUND FINANCE DOCUMENTS
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SCBEDULE"A" COLLATERAL For the Fina
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FDD ExmBIT 1-3-2
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REQUEST FOR DRIVER'S LICENSE Please
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FDD EXHIBIT 1-3-3
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(9) Lessee shall have no remedy for
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Purchase Option Lease #: _____ _ Fo
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FDD EXHIBIT 1-4 KLC FINANCIAL, INC.
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GAIA Leasing LLC 50 South Sixth Str
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11. Location, Ownership and Use The
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(b) The failure of Lessee to perfor
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EXHIBIT A EARLY TERMINATION SCHEDUL
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FDD EXHIBIT 1-6 LIFE FITNESS FINANC
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Re: "Obligor" Personal Guaranty To
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EQUIPMENT LEASE AGREEMENT THIS AGRE
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and Lessor. At Lessor's option, all
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(b) Lessee shall fail to make any o
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this Lease inures to the benefit of
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IF LESSEE IS OTHER THAN AN INDIVIDU
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EXHIBIT A AGREEMENT OF UNCONDITIONA
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FDD EXHIBIT J PROVISION SECURITY SO
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e. ProVision Materia/s. In connecti
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Hosting Services Fee = $19.99 Monit
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9. General a. Independent Contracto
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ITEM 23. RECEIPT This Disclosure Do
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ITEM 23. RECEIPT This Disclosure Do
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