Member acknowledges below that he or she has carefully read this release and waiver of liability and indemnity provision and fully understands that it is a release of all liability described herein. In addition, member does hereby waive any right that member may have, by or on behalf of him or herself, his or her spouse or any child (minor or otherwise) to bring a legal action or assert a claim for injury or loss of any kind against MFA in connection with services provided under this agreement. Member further expressly agrees that this assumption of risk and release and waiver of liability and indemnity as provided herein is intended to be as broad and inclusive as permitted by the laws of the State of Arizona and if any portion hereof is held invalid, it is agreed that the balance of the agreement shall continue in full force and effect.

Mountainside Fitness, hereinafter referred to as “MFA” agrees to release member from the terms of this Agreement upon written notice termination as provided herein. This Agreement is non-transferable and any payments made pursuant to this Agreement are non-refundable except as otherwise prohibited by law. MFA reserves the right to terminate this Agreement at any time for good cause including material breach. MFA may charge an annual fee for each active member within 90 days of this Agreement. The Member’s Membership Fee and the annual Fee ($38-Individual, $48-Couple, $58-Family) constitute the “Membership Dues” and are subject to change by MFA with prior notice to member. Should the Member default on any amounts due under this Agreement, member agrees to pay all costs of collection fees, including, but not limited to, collection agency fees, court cost, attorney fees, etc. Failure to utilize MFA’s facilities does not relieve the member of the obligation to pay the Membership Dues and compliance with cancellation procedures.

E-SIGN CONSENT. Certain laws and regulations may require MFA and/or ABC Financial Services, Inc., to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that MFA and/or ABC Financial Services, Inc., may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting MFA and/or ABC Financial Services, Inc., and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of MFA and/ or ABC Financial Services, Inc. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with MFA and/or ABC Financial Services, Inc., and to promptly notify MFA and/or ABC Financial Services, Inc., of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of MFA and/or ABC Financial Services, Inc. To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that it may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then MFA and/or ABC Financial Services, Inc., will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to MFA and/or ABC Financial Services, Inc.