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ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

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STATE SPECIFIC ADDENDUM<br />

AS<br />

REQUIRED BY<br />

THE NORTH DAKOTA <strong>FRANCHISE</strong> INVESTMENT LAW<br />

Notwithstanding anything to the contrary set forth in the Anytime Fitness, LLC Disclosure<br />

Document, the following provisions shall supersede any inconsistent provisions and apply to all Anytime<br />

Fitness franchises offered and sold in the state of North Dakota:<br />

The North Dakota Addendum is only applicable if you are a resident of North Dakota or if your<br />

business will be located in North Dakota.<br />

1. Sections I6.F and I8.A ofthe Franchise Agreement are amended to provide that the<br />

prevailing party in any enforcement action is entitled to recover all costs and expenses, including<br />

attorneys' fees.<br />

2. Section 16.F of the Franchise Agreement is modified to delete any requirement that<br />

franchisee consent to termination penalties or liquidated damages.<br />

3. Section 17.B of the Franchise Agreement is amended by adding the following language at<br />

the end:<br />

"Covenants not to compete, such as those mentioned in this Section 17.B are<br />

generally considered unenforceable in the state of North Dakota."<br />

4. Section I8.D. of the Franchise Agreement is deleted in its entirety.<br />

5. Section I8.F of the Franchise Agreement is deleted in its entirety.<br />

6. Section 20.D of the Franchise Agreement is amended to provide that the Franchise<br />

Agreement will be governed by the laws of the State of North Dakota.<br />

7. Each provision of this Addendum shall be effective only to the extent, with respect to<br />

such provision, that the jurisdictional requirements of the North Dakota Franchise Investment Law are<br />

met independently without reference to this Addendum.<br />

IN WITNESS WHEREOF, the undersigned have executed this Addendum as ofthe date first set<br />

forth above.<br />

Franchisor: Franchisee:<br />

<strong>ANYTIME</strong> <strong>FITNESS</strong>, LLC<br />

FA 12/09 NDFA -1<br />

Date: _____________ _

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