The Rules and Regulations below apply to all Members of Kodiak Fitness Center LLC (“Kodiak”) and are meant to make everyone’s experience safe and enjoyable. As per your Membership Agreement, the Member is responsible for complying with all of Kodiak’s Rules and Regulations, which Kodiak reserves the right to amend, change, or update from time to time. Kodiak reserves the right to
cancel, revoke, or suspend the undersigned Member’s Membership for any violation of these Rules and Regulations.

1. Upon entering Kodiak’s facilities, the member must present proof of Membership in the form of a Membership Card, Kodiak Application barcode, or other identification method made available by Kodiak. The member acknowledges and agrees that access to Kodiak’s facilities may be denied without the Member’s proof of Membership.

2. Member agrees to abide by all Kodiak Rules and Regulations. Member agrees to comply with stated and customary rules for participation and use of equipment. Member will be responsible for all payments due and owing under the Membership Agreement, even if Member does not use Kodiak’s facilities and services.

3. Kodiak may prohibit Members from accessing and entering its facilities, including classes if any outstanding past-due amount is payable to Kodiak.

4. If Member violates the Agreement and the terms contained therein or any of the Rules and Regulations, Kodiak may suspend the Member’s right to use Kodiak’s facilities until such time as the Member provides Kodiak with reasonable assurance of future compliance. During the period of any such suspension, the Member shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to the Member’s Membership Agreement. In the event the Member continues to violate the terms of the Member’s Membership Agreement or the Rules and Regulations, Kodiak may terminate the Member’s membership.

5. Member agrees that Member shall not engage in any type of commercial or business activity while using the facilities. Member shall not act as a trainer for any other Members, and any acts which constitute such business activities are strictly forbidden. If Member engages in such commercial or business activities, Member’s membership shall be subject to immediate cancellation, and the contract balance will be declared due and payable in full immediately.
 

6. Member agrees to abide by Kodiak's dress code at all times while in Kodiak’s facilities. Members must wear appropriate athletic attire and footwear when using Kodiak equipment or participating in any class. Flip-flops, open-toe shoes, sandals, or bare feet are prohibited in Kodiak’s facilities. Kodiak may deny Member the use of Kodiak’s facilities, including classes if the Member does not wear proper athletic attire and footwear, as determined in Kodiak's sole discretion.
 

7. Member agrees that Member shall not use loud or profane language upon Kodiak’s premises, nor shall Member molest, badger, antagonize, taunt, assault, or harass other Kodiak Members or employees. If Member engages in such behavior, Member’s membership shall be subject to immediate cancellation, and the contract balance will be declared due and payable in full
immediately. Additionally, Kodiak reserves the right to notify law enforcement authorities if Member engages in any conduct or behavior that Kodiak, in its sole discretion, considers inappropriate, indecent, unsafe, unlawful, or otherwise in violation of Kodiak’s Rules and Regulations.
 

8. Member understands that Kodiak prohibits the use of any drugs or steroids, and Member agrees not to use any drugs or steroids on Kodiak’s premises. Member acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. Member recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids, and no such activity is allowed upon Kodiak’s premises.
 

9. Member understands, acknowledges, and agrees that Member may be photographed, and video recorded at Kodiak’s premises either by Kodiak’s staff, third parties, or other members. By executing the Membership Agreement and the Rules and Regulations, Member agrees to allow Member’s photo, video, or film likeness to be used for any legitimate purpose by Kodiak and their
respective producers, sponsors, organizers, and/or assigns, in their discretion. Member acknowledges that by signing the Membership Agreement, Member gives up all claims of ownership, income, editorial content, and use of such media, and assigns all copyright ownership to Kodiak.
Member understands, acknowledges, and agrees that Member is not allowed to use cell phones, cameras, or any other recording devices in Kodiak locker rooms and other private areas, including but not limited to Kodiak’s Kids Club and group fitness classes. Member can only take photos or videos in Kodiak’s public areas solely for Member’s personal use. Member accepts not taking photos or videos to promote Member or anyone else’s business, products, or services. Member understands, acknowledges, and agrees that Member may be included in the photography(ies) or video recordings made by other members while at Kodiak’s premises. Further, the Member understands, acknowledges, and agrees that Kodiak reserves the right to impose restrictions on photography or filming under certain circumstances or in some areas within Kodiak’s premises to reduce the exposure of members to other members’ video recordings or photographs. Member understands, acknowledges, and agrees that Member must fully comply with any posted signs or instructions pertaining to photography and filming within Kodiak’s premises.
 

10. The member agrees that failing to use Kodiak’s facilities and services does not release the Member from the obligation to make all payments required by the terms of this Membership Agreement.

 

11. Kodiak retains the right to modify the Rules and Regulations without warning. The Rules and Regulations may be posted at Kodiak’s premises from time to time, and all Members shall be subject to strict compliance therewith. The most current copy of the Rules and Regulations can be found at Kodiak’s premises or Kodiak’s website.
 

12. Personal training services provided at Kodiak’s premises may be provided either by employees of Kodiak or by independent contractors operating their own business who Kodiak retains.
 

13. The members are responsible for wiping down all equipment after each use and re-racking the weights. Chalk (in any variant), magnesium carbonate, or any other alternative powder or liquid for similar purposes is prohibited.
 

14. The member is required to use the equipment's safety features. If the Member is unsure how to use a machine, the Member acknowledges and agrees to obtain instructions from the staff or personal trainers. The member is required to accept full responsibility for any damage done to equipment due to the Member’s misuse of the equipment.
 

15. Collars must be used on weight bars at all times. Report any damaged or malfunctioning equipment to Kodiak’s employees immediately. Do not drop weight or dumbbells. Return all weights and equipment to their proper racks after use. Wipe off all cardiovascular equipment and benches when finished. Equipment can be used only on the workout floor. No gym bags, backpacks, purses, or motorcycle helmets are allowed on the workout floor. Personal speakers of any kind are not allowed anywhere within Kodiak’s premises. If a Member is using cardiovascular equipment and other Members are waiting to use it, the time limit is up to thirty (30) minutes. Please do not wait for other Members to ask you to get off. Please do not rest on exercise equipment. Members
cannot claim a piece of equipment by setting a towel or water bottle on or next to it.
 

16. Do not bring food into the fitness or classes area. Dispose of trash in the proper places.
 

17. Always consider other members’ rights and privileges while training. Always treat members, Kodiak’s employees, and personal trainers with full respect and courtesy.
 

18. Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the Member’s membership.
 

19. Photography, videography, or the use of any other recording devices are only allowed as described in section 3.7 above.
 

20. Firearms and other weapons are strictly prohibited from being brought into Kodiak’s premises, even if the Member has a permit to carry a concealed weapon.
 

21. Kodiak’s Kids Club (“Kids Club”) is permitted for children 6 months through 7 years of age. Only the Member who is the parent or legal guardian of the child may check the child into the Kids Club. Member must sign a waiver for both drop off and pick up, and present Membership Card, or equivalent, and Member’s driver’s license. For safety reasons, only the Member who drops off the
child is expected to pick up the child. Children may play in the Kids Club for a maximum of 2 hours per child per day. In the event of an emergency, the Member will be called immediately, and the Member must report to the Kids Club immediately. It is necessary for the Member to be always on Kodiak’s premises. Children must wear socks and closed-toe shoes. No personal toys are permitted.
Food and gum are not permitted in the Kids Club. Drinks are permitted in closed plastic containers. Changing diapers is the Member's exclusive responsibility. To ensure the health and well-being of all children, children showing signs of any illness (including, but not limited to, fever, unusual rash, excessive crankiness, constant cough, diarrhea or upset stomach, heavy nasal discharges, etc.) are prohibited from entering the Kids Club. Kodiaks reserves the right to determine what signs of
illness are enough to prevent a child from using the Kids Club. Kodiak’s employees will not administer medications, change diapers, or assist children in the restroom. No bullying, physical contact, pushing, biting, fighting, profanity, or physical or verbal violence of any type is allowed.The Kids Club is provided as a courtesy to the Member. Kodiak reserves the right to suspend, restrict, or terminate the Kids Club. Kodiak may modify, add to, or otherwise change the Kids Club rules at Kodiak's sole discretion.
 

22. Certain group classes require advance booking and reservation, and Members will not be permitted to participate in these classes unless Members have properly booked and reserved a spot. If the Member books a class using the Kodiak Application, the Member may cancel a booked class up to two (2) hours before the class starts. If the Member does not cancel a booked class
within the allotted time period or check in by the start of class, the Member will considered to have missed a booked class. After missing two (2) booked classes in a month period, Member may be prohibited from booking classes online for a period of ten (10) days.
 

23. Service animals that are individually trained to work or perform tasks for individuals with disabilities (“Service Animals”) are permitted to accompany members with disabilities to all areas of Kodiak open to members. Kodiak may ask the Member to remove the Member’s Service Animal if, in Kodiak’s discretion, the Service Animal is out of control and the Member does not take effective
action to control the Service Animal; if the Service Animal poses a direct threat to the health or safety of others; or if the Service Animal’s behavior otherwise fundamentally alters the nature of Kodiak’s business. Pets and “emotional support animals” are not permitted in any area of Kodiak’s premises.