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ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

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the initial training, will provide and be responsible for this training. We do not require you to attend this<br />

training after the first year you operate your business. However, during the first 12 months following the<br />

opening of your Anytime Fitness center, you must either attend our annual conference, or one of our<br />

monthly sales training programs. If you do attend, you will not have to pay us any fees for attendance,<br />

but you will be responsible for travel costs, room and board, and the salaries, fringe benefits, and other<br />

expenses you and your employees incur in attending the training program. The materials we use for this<br />

training are developed each time from a variety of sources.<br />

Site Selection and Opening<br />

We or one of our affiliates will provide you with consulting services to assist you in evaluating and<br />

selecting a site for your Anytime Fitness center. It is your obligation to select a site for your business and<br />

obtain our approval of that site. While we will assist you, we do not locate or select a site for you, or<br />

negotiate the purchase or lease of a site, and we do not own the premises and lease them to you. Before<br />

you acquire any site, you must submit to us information and materials we require and obtain our approval<br />

to your site. The factors we take into account in approving a site are the visibility of the site, the retail<br />

feel of the site, the location of competitors whether the site is easily accessible and similar factors. An<br />

Anytime Fitness center should have at least 2,500 square feet of space. An Anytime Fitness Express<br />

center typically requires less than 2,500 square feet of space, and would typically be placed in towns<br />

having a population of under 5,000.<br />

We expect the typical length oftime between the signing of your Franchise Agreement and the opening of<br />

your Anytime Fitness center to be between 90 and 180 days, unless you are converting an existing fitness<br />

facility, in which case the time should be less than 60 days. Ifwe are unable to agree on a site within 90<br />

days after you sign the Franchise Agreement, we have the right to terminate your Franchise Agreement.<br />

Ifwe exercise this option during the first 120 days after you sign the Franchise Agreement, then you may<br />

sign a termination agreement and release us from all further obligations, in which case we will refund<br />

$5,000 of your initial franchise fee (unless the initial franchise fee was less than $10,000, in which case<br />

we will retain $5,000 and refund any balance).<br />

If you sign an Area Development Agreement, you must sign individual Franchise Agreements and begin<br />

operating Anytime Fitness centers under each of those agreements within the time provided for in your<br />

Development Schedule. If you fail to open a center on the date set forth in the Development Schedule,<br />

we will have the right to terminate the Area Development Agreement, and you will be obligated to pay us<br />

$10,000 for each undeveloped center as liquidated damages.<br />

Advertising<br />

You agree in your Franchise Agreement to contribute amounts to the Anytime Fitness Advertising and<br />

Marketing Fund, an amount not to exceed the greater of (i) $150 per month, or (ii) 1 % of all the revenues<br />

you generated in your business during the previous 12 months. Currently, the amount we require to<br />

contribute is $150 per month. We require all our franchisees to contribute to this fund, but some<br />

franchisees have older forms of agreement that only allow us to charge them a fixed amount ($150 per<br />

month). Our company-owned centers also pay $150 per month to the fund.<br />

We account for the contributions to this fund separately from our other revenues, and we do not use them<br />

to pay any of our general operating expenses other than our costs of administering the fund, including<br />

salaries and overhead in administering the fund. The purpose of the fund is to develop marketing and<br />

advertising programs that benefit the Anytime Fitness brand. This means we may use monies in the fund<br />

for any purpose that promotes the Anytime Fitness (and Anytime Fitness Express) name, including to<br />

create advertising materials or public relations campaigns, or to implement advertising. We do most of<br />

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