MEMBERSHIP AGREEMENT

Member #: 3001194296 Agreement #: 3955485

Membership: Green Club Registration #:
Start Date: 10/14/2020 Obligation Date: 10/14/2021
This AGREEMENT ("Agreement"), made this date, 10/14/2020, by and between Blink Park Slope located at 227 4th Avenue, Brooklyn,
New York 11215 (referred to in this Agreement as "Seller" or "Blink") and MICHAEL KENNEDY, the undersigned Buyer (referred to in this
Agreement as "you" or "Buyer" or "Member" if applicable).
Member Name: MICHAEL KENNEDY Phone Number: (646) 234-9768
Address: 318 W 51 ST APT 652 Referred By:
City, State, ZIP: NY, NY 10019

ELECTRONIC FUNDS TRANSFER AUTHORIZATION

I have read and agree to the above terms and conditions and to the terms and conditions set forth in the Incorporated
Agreements, which I understand may be modified from time to time at Blink’s discretion.
Credit Card Type: Visa
Card #: ************3875 Valid Thru: 03/2023 Signed Digitally
Name on Account: MICHAEL KENNEDY Signed Digitally 10-14-2020
(Member / Buyer Signature) Date
Payment Option: Green Monthly $0.00 Promotion: WEB_Green_SF $1
Bill Monthly Green Annual Fee $0.00
Green Startup Fee $1.00
30 Minute Start Up $0.00
__________________ __________
Subtotal: $1.00
Sales Tax: $0.05
Total: $1.05

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 CANCELLATION RIGHTS

 CONSUMER’S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR
FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE AGREEMENT START DATE 10/14/2020 . Notice of
cancellation shall be provided in person at the Club or in writing subscribed by the Buyer and mailed by registered
or certified United States mail to the Seller at the following address: Blink Fitness Member Services, 386 Park Ave
S, 11th Floor, New York, New York 10016. Such notice shall be accompanied by the contract forms, membership
cards and any other documents of evidence of membership previously delivered to the Buyer. All monies paid
pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation.
If the Buyer has executed any credit or loan agreement to pay for all or part of health club services, any such
negotiable instrument executed by the Buyer shall also be returned within fifteen days.

ADDITIONAL RIGHTS TO CANCELLATION

 You may also cancel this contract for any of the following reasons:

A) If upon a doctor's order, you cannot physically receive the services because of significant physical disability for
a period in excess of six months, as evidenced by a signed letter from your doctor or other reasonable proof of
your significant physical disability;
B) If you move your residence more than twenty-five miles from any health club operated by Blink (must provide
satisfactory proof of new residence);
C) If you die, your estate will be relieved of any further obligation for payment under this Agreement not then due
and owing, as evidenced by a death certificate or other reasonable confirmation of death; or
D) If the services cease to be offered as stated in this Agreement, i.e., they are no longer available or substantially
available as stated in this Agreement due to Blink’s permanent discontinuance of operation or substantial change
in operation.

All monies, except the Start-Up Fee, paid pursuant to such contract cancelled for the reasons in this paragraph
shall be refunded provided however, that the Blink may retain the expenses incurred and the portion of the total
price representing the services used or completed, and further provided, that Blink may demand the reasonable
cost of goods and services which the Member consumed or wishes to retain after cancellation of the contract. In
no instance shall Blink demand more than the full contract price from the Member. If the Member has executed
any credit or loan agreement to pay for all or part of the health club services, such negotiable instrument
executed by the Member shall also be returned within fifteen (15) days. Promotional Months: Member agrees that
if Member received any free months as an inducement to enter into this Agreement, such free months shall not be
considered in computing the amount of any refund to which Member shall be entitled.
To exercise any of these cancellation rights you must notify Blink in writing in person at the Club or by certified
or registered mail to Blink Fitness Member Services, 386 Park Ave S, 11th Floor, New York, New York 10016.
Your cancellation notice must include your full name, membership ID number, and contact information. Such
notice must be provided to Blink promptly following the onset of the circumstances giving rise to the
cancellation. Within fifteen (15) days after Blink receives notice of such cancellation, it will refund, using the
Payment Information on-file, any prepaid unused Membership Dues.

 If you are buying an annual membership that is paid monthly, by signing this Agreement, you are committing to the Initial
Membership Period which you cannot cancel immediately and without penalty, except for the limited reasons listed above
in the “Rights to Cancellation” sections. You can terminate your Agreement with 45 days’ written notice by personal delivery
at any club at which you are a member, or by certified mail, return receipt requested, to Blink Fitness Member Services,
386 Park Ave S, 11th Floor, New York, New York 10016. At the time of cancellation you will be required to pay the pro-
rated amount for the 45 day notice period plus a $60 buyout fee. All fees, including the Annual Maintenance Fee, are non-
refundable. If you are a corporate member your $60 buyout fee will be waived. After the Initial Membership Period your
agreement will convert to a month-to-month agreement which can be cancelled by pre-paying the pro-rated amount for the
45-day notice period with no buyout fee. Blink will provide thirty (30) days' notice to Member of any change in the monthly
or annual fee.

 If you are buying a monthly membership, the membership will continue on a month-to-month basis unless cancelled. You
can terminate your Agreement at any time with 45 days’ written notice Blink by personal delivery at any club at which you
are a member, or by certified mail, return receipt requested, to Blink Fitness Member Services, 386 Park Ave S, 11th Floor,
New York, New York 10016. At the time of cancellation you will be required to pre-pay the pro-rated amount for the 45 day
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 notice period. All fees, including the Annual Maintenance Fee, are non-refundable. Blink will provide thirty (30) days'
notice to Member of any change in the monthly or annual fee.

 If you are buying a paid-in-full (“PIF”) membership, the membership will automatically expire on the Expiration Date unless
it is renewed. PIF members with an agreement for a one-year term that cancel before the Expiration Date must provide
45 days’ notice of their cancellation and will then receive a prorate refund minus the $60 buy-out fee. PIF members with
an agreement for a term less than one year that cancel before the Expiration Date must provide 45 days’ notice of their
cancellation and will then receive a prorate refund. Corporate PIF members with an agreement for a one-year term that
cancel before the Expiration Date will not receive a refund if they cancel in the first six months of the term. After six
months, Corporate PIF members must provide 45 days’ notice of their cancellation and will receive a prorate refund. PIF
members can terminate by personal delivery of a written notice of cancellation at any club at which you are a member, or
by sending written notice by certified mail, return receipt requested, to Blink Fitness Member Services, 386 Park Ave S,
11th Floor, New York, New York 10016.

Please read this Agreement carefully, as it contains important information regarding your legal rights.

>> IMPORTANT NOTICE FOR HEALTH CLUBS MEMBERS <<

New York State law requires certain health clubs to have a bond or other form of financial security to protect members
in the event the club closes. This club has posted the financial security required by law.

YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB'S COMPLIANCE WITH THIS LAW. YOU
MAY ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF
LICENSING SERVICES, 162 WASHINGTON AVENUE, ALBANY, N.Y.12231.

BUYER AND MEMBER EACH HEREBY ACKNOWLEDGE RECEIPT OF A FULLY COMPLETED COPY OF THIS
AGREEMENT EXECUTED BY BOTH MEMBER/BUYER AND SELLER. MEMBER/BUYER AND SELLER EACH
ACKNOWLEDGE THE ADDITIONAL MEMBERSHIP AGREEMENT TERMS SET FORTH ON THE FOLLOWING PAGES.

>>The following billing terms and billing schedule for the Annual Maintenance Fee only applies to monthly payment
agreements and does not apply to Paid-In-Full agreements<<

Annual Maintenance Fee: The Annual Maintenance Fee plus any applicable tax is due and payable each year on the third day 
of the second month after your membership enrollment month (and each subsequent anniversary of such date) listed in the 
following schedule. Members will be responsible for payment of the annual fee if a cancellation is requested on or after the 
15th of the month preceding the annual fee billing date.  Such cancellation requests are also subject to the standard 
cancellation terms contained in the member’s agreements. 

Enrollment Month Annual Fee Date

January March 3rd
February April 3rd
March May 3rd
April June 3rd
May July 3rd
June August 3rd
July September 3rd
August October 3rd
September November 3rd
October December 3rd
November January 3rd
December February 3rd

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 ADDITIONAL MEMBERSHIP AGREEMENT TERMS

1. MEMBER INFORMATION: By signing this agreement, Member expressly consents to the collection, use and
disclosure of his/her personal information by Blink, its affiliates and service providers acting on its and their behalf.
Information collected may include contact information, demographic information, credit card and other payment
information, and information on usage and interactions with Blink and its clubs, including information regarding health,
physical condition, nutrition, fitness goals, and workout results. Member information may be used to: administer
membership and communicate regarding Member’s account, billing, club updates and operational information; provide
Blink’s products and services and otherwise satisfy its business purposes and needs, including delivering a more
relevant and curated experience; communicate special offers and information about products, services and offerings
of Blink and/or its affiliates, subject to Member’s exercise of any opt-out choice that may be required by law; and this
information may be combined with other information collected during his/her relationship with Blink, including through
its websites or apps. Depending on the nature of the communication, Blink may contact Member by mail, email,
telephone, cellular phone, text or other means, automated or otherwise. Member information may be disclosed to third
parties as needed to administrate membership and operate Blink’s business, including for compliance, legal and
protection purposes and other purposes for which we have informed Member from time to time. Blink may share
aggregated data with third parties that may include Member information such as demographics, but does not identity
them. Blink considers Member information to be a valuable asset of the business, which would be transferred as part
of any sale of the business or other corporate transaction. Member information may be stored and processed in
centralized databases maintained by or on behalf of Blink, which may be located in other states or countries with
different laws regarding personal data.

2. MEMBER'S HEALTH WARRANTY: Member and/or Buyer represent that Member is in good health and has no
disability, impairment, injury, illness, disease (including an infectious disease) or ailment preventing him/her from
engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences
to Member or employees or other Members as a result of use of the Club or its facilities in any manner. Blink
encourages Member to see their doctor on a regular basis and seek their advice prior to engaging in any new or
modified fitness or nutrition regimen or if Member has any questions or concerns regarding his/her health and fitness
regimen or the diagnosis of any medical condition.

3. WAIVER AND RELEASE OF LIABILITY: IN CONSIDERATION OF THE MEMBERSHIP PRIVILEGES PROVIDED

TO YOU HEREUNDER, AND ON BEHALF OF YOUR HEIRS, BENEFICIARIES, DISTRIBUTEES, LEGAL
REPRESENTATIVES, SUCCESSORS, ASSIGNS AND GUESTS, YOU HEREBY VOLUNTARILY AND
KNOWINGLY, FOREVER WAIVE, RELEASE, COVENANT NOT TO SUE, DISCHARGE AND HOLD HARMLESS
BLINK, ITS PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS (THE “BLINK PARTIES”)
FROM, AND SUCH BLINK PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR, ANY LOSSES
OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR
EXEMPLARY, INCLUDING WITHOUT LIMITATION FOR ANY PROPERTY LOSS OR DAMAGE, LOSS OF
EARNINGS OR EARNING CAPACITY, PERSONAL INJURY, ILLNESS, DISEASE (INCLUDING AN INFECTIOUS
DISEASE), INFECTION,IMPAIRMENT, PHYSICAL PAIN, MENTAL ANGUISH, PARALYSIS, HEART ATTACK OR
DEATH, ARISING OUT OF, IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, YOUR MEMBERSHIP,
THE USE OR NON-USE OF ANY SERVICE, PRODUCT OR EQUIPMENT PROVIDED OR OFFERED HEREUNDER,
WHETHER RELATED TO EXERCISE OR NOT AND REGARDLESS OF LEGAL THEORY OR WHETHER ARISING
IN OR BY STATUTE, TORT, CONTRACT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE,
INCLUDING THOSE LOSSES OR DAMAGES RESULTING FROM OR CAUSED BY, IN WHOLE OR IN PART, THE
NEGLIGENCE OF ANY BLINK PARTY AND REGARDLESS OF WHETHER SUCH LOSSES OR DAMAGES ARE
KNOWN OR UNKNOWN TO YOU OR ANY OTHER PERSON; PROVIDED THAT THE FOREGOING RELEASE AND
WAIVER OF LIABILITY SHALL NOT APPLY TO ANY LOSSES OR DAMAGES TO THE EXTENT CAUSED BY OR
RESULTING FROM THE WILLFUL OR WANTON MISCONDUCT OF ANY BLINK PARTY OR TO THE EXTENT
PROHIBITED BY LAW. NONETHELESS, THIS RELEASE IS INTENDED BY BOTH PARTIES TO BE AS BROAD IN
EFFECT AS ALLOWED BY LAW AND SHALL COVER OR INCLUDE ANY CLAIM OR DEMAND YOU HAVE, HAD
OR EVER WILL HAVE.

4. RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership rules, regulations and
schedules of the Club, which may be posted at the Club or issued orally, and which may be amended from time to
time, at Blink's sole discretion.

5. PRESENTATION OF MEMBERSHIP CARD: No one will be admitted to Blink Fitness Clubs without displaying a valid
membership card, barcode on the Blink App or registering as a guest.

6. INDEPENDENT CONTRACTORS: From time to time we may make available to members and their guests the
services of independent contractors. We do not warrant or guarantee the quality of these services and do not
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 guarantee that these services will remain available to Members or their guests for any period of time, and hereby
disclaim all liability arising out of such services.

7. GUESTS/TRIAL USERS: Member's guests and trial users are permitted in the club, but only pursuant to such rules,
regulations, fees and schedules for such persons as may then be in effect. The Club reserves the right to limit the
number of times any one guest can use the Club and reserves the right to exclude any guest whose use of the facility,
in the sole opinion of the Club, would be detrimental to the Club or any of its members. All guests and trial users must
sign in at the front desk or kiosk and present photo identification prior to using the Club. Minimum age of all guest and
trial users is 18 years old.

8. TRANSFERS OF THIS CONTRACT OR RIGHTS AND DUTIES HEREUNDER: Member/Buyer may not transfer, sell,
or assign its interest in this Contract or the membership and other rights and duties created hereby. Except for
restrictions set forth in applicable law, Blink is authorized - without the consent of Member or Buyer (as applicable) -
to transfer, sell, or assign its interest in this Contract and/or Blink’s rights and duties created hereby.

9. UPGRADES/DOWNGRADES: Members may upgrade or downgrade his/her member agreement type. Refunds or
additional charges, including a buy-out fee, may apply to an upgrade or downgrade. Member should consult the Club
for details.

10. BUYER'S OBLIGATIONS: Buyer shall not be relieved of Buyer's obligations to make payments agreed to, and no
deduction from any payments shall be made because of Member's failure to use the Club's facilities. (Member dues
are for the period of time and are no way related to or adjusted based on, actual usage of the Club.)

11. ENTIRE AGREEMENT: Except for (a) the rules, regulations and schedules posted at the Club, issued orally by Blink
from time to time at its discretion, or posted on Blink’s website (available at https://blinkfitness.com), which Blink may
modify from time to time at its discretion), (b) Blink’s Privacy Policy (available at https://www.blinkfitness.com/privacy,
which Blink may modify from time to time at its discretion) and (c) Blink’s Website Terms of Use (available at
https://www.blinkfitness.com/terms, which Blink may modify from time to time at its discretion), all of which are
incorporated by reference to into this agreement (collectively, the “Incorporated Agreements”), this contract constitutes
the entire agreement between the parties relating to the subject matter hereto and supersedes any oral or other written
understanding except for the Incorporated Agreements. In the event of a conflict between the terms of this agreement
and the terms of the Incorporated Agreements, the terms of this agreement supersede and control. This contract and
those incorporated herein by reference may only be modified in writing executed by a duly authorized representative
of the Blink Corporate office. Blink employees are not authorized to make any independent agreements with
Member/Buyer.

12. UNPAID BALANCES: Members will not be permitted to use any Club until all fees are current, including any Annual
Maintenance Fee that is due. Buyer and/or Member is obligated to pay any collection and/or legal costs incurred by
Blink for collection of any fees. Payment is expected at time of invoice or Club privileges will be suspended and a new
Initiation Fee will be required. Blink reserves the right to charge balances and overdue balances to their current
account under the Electronic Funds Transfer Authorization. If any check or credit card charge payable to Blink is not
honored, Management will assess a $25 charge for each check and credit card rejected and collects the current and
past-due balance in any subsequent month. To the extent that Buyer and Member is not the same person, Member
shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for
use of the Club). Blink has the right to communicate with you regarding your membership, this Agreement, or otherwise
by any lawful method, including without limitation by mail, courier, telephone, email, and text message, and may
communicate with you using any contact information you have provided to Blink. You hereby irrevocably consent and
give Blink permission to use (or have a third-party provider use on Blink’s behalf) an automated telephone dialing
system and/or artificial or prerecorded voice (where applicable) to call or text you, including on or to any telephone
number you provide to Blink, including your mobile phone.

13. LOCKERS: Lockers are provided solely for the benefit and convenience of members. Management will remove any
articles left in a locker overnight. Members must provide their own lock. Blink is not responsible for lost or stolen items
or articles left in lockers. I release Blink of any and all claims, demands, suits, complaints, cause of action or any
liability for loss, stolen or damage to my personal property. Storage of illegal substances, firearms, and toxic or volatile
chemicals is prohibited and punishable by law.

14. VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto Club premises.
Blink shall not be liable for the loss of or theft of, or damage to, the personal property of member or guests, including
items left in lockers, or elsewhere in the Club.

15. CHILDREN'S USE: Children under 18 years of age are not permitted to use the Club unless they have joined as a
Junior member with parent or guardian authorization.

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 16. DRESS CODE: Proper athletic attire and footwear required. No street clothes or dress shoes permitted in fitness area.
Management has the right to prevent the use of any equipment if the proper attire is not worn.

17. PERSONAL TRAINING: All sales of personal training sessions are final and non-refundable. Personal Training
sessions do not expire.

18. NON-BLINK PERSONAL TRAINER: Use of non-Blink Personal Trainers in the Club is prohibited. Members may not
personal train other members.

19. PRICING: After the first 12 months of membership, Blink reserves the right to increase the monthly or annual
maintenance fee and will provide 30 days’ notice to all Members regarding any such change in pricing; provided that
pricing for Members who joined as part of a corporate program are subject to the pricing agreement between Seller
and Member's employer or corporate sponsor.

20. REVOCATION OF MEMBERSHIP: Blink reserves the right to revoke and cancel this membership at any time for any
reason, in which case Buyer/Member will, no later than fifteen (15) days after such cancellation, receive a refund of
all monies paid pursuant to this Agreement (except startup fee and annual fee), provided that Seller may retain
expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and
provided further, that Seller may demand the reasonable cost of goods and services which the Buyer/Member has
consumed or wishes to retain after cancellation.

21. MEMBER’S COVENANTS OF DUE CARE: By signing this Agreement and using any Club, Member is also
acknowledging that by being in the Club and the activities and exercises Member may engage in at the Club, including
without limitation when using equipment or machines, participating in any personal training session or class or
otherwise engaging in strength, flexibility, aerobic, cardio, or other exercises, may be physically strenuous and
potentially hazardous activities and involve risks and danger inherent in engaging in such activities and exercises.
Specific risks vary from one activity to another, and range from minor injuries to major injuries, including disease and
death. In consideration of the Membership privileges provided to Member hereunder and on behalf of Member’s heirs,
beneficiaries, distributees, legal representatives, successors, assigns and guests, Member hereby voluntarily and
knowingly acknowledges and assumes all risks associated with Member’s failure to use reasonable care when using
any Club or equipment and/or Member’s use of any Club or equipment other than for its intended purpose, and
Member hereby agrees to indemnify, defend, and hold harmless Blink, its parents, subsidiaries and other affiliates,
and its and their respective officers, directors, employees, contractors, agents, representatives, successors and
assigns (collectively “Blink Parties”) from any and all liability, damages, losses, suits, demands, causes of action or
other claims of any nature whatsoever, including without limitation any property damage, personal injury, injury to
others or death, to the extent any of the foregoing arise out of or relate in any way to Member’s negligence, intentional
acts and/or failure to exercise reasonable care when accessing and using the Club and equipment. Further, Member
acknowledges that Blink does not manufacture the fitness and other equipment and machines provided in its Clubs
and agrees that Blink is providing recreational services and may not be held liable for defective products.

22. EXCLUSIONS FROM MEMBERSHIP CLASSES: Blink may from time to time (in its sole discretion) exclude Blink
Fitness Club locations (whether existing today or opened in the future) from the any Membership class. Member
acknowledges and agrees that, once such exclusion is implemented, Member shall not thereafter have the right to
use the excluded Blink Fitness Club location(s), notwithstanding that the excluded health club(s) may be located within
Member’s geographic region.

I have read and agree to the above terms and conditions and to the terms and conditions set forth in the
Incorporated Agreements, which I understand may be modified from time to time at Blink’s discretion.

Signed Digitally 10-14-2020

(Member / Buyer Signature) Date

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