MEMBERSHIP TERMS

PLEASE READ THESE MEMBERSHIP TERMS ("MEMBERSHIP TERMS") CAREFULLY BEFORE USING OR CREATING AN ACCOUNT THROUGH THE WEBSITE AND/OR PURCHASING OR PARTICIPATING IN MEMBERSHIP SERVICES OFFERED BY TD ATHLETES EDGE, LLC ("TDAE", "we," "our," "us"). THESE MEMBERSHIP TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN TDAE SERVICES.

Last updated July 15, 2026

Definition of Services. As used in these Membership Terms and in TDAE's other policies referenced herein, "Services" means any and all present or future services, sessions, programs, classes, training, therapies, treatments, equipment use, and other activities made available by TDAE at its physical location(s), at a gym-sponsored event, remotely (including via video call, phone, or app-based coaching), or through the Site, in any form now offered or later added by TDAE. Services include, without limitation, general fitness and strength training, movement and exercise instruction, physical therapy and manual work, body work, contrast therapy (including sauna and cold plunge), recovery and stretch services, golf-specific training and instruction (including the use of golf clubs, golf balls, and related equipment), laser and shockwave therapy, and nutrition and wellness counseling, along with any other therapeutic, recovery, wellness, or athletic-performance modality TDAE may offer from time to time.

TDAE's Services, Facilities, gym equipment, location amenities, classes and programs, whether at the gym facility, a gym sponsored event or through the Site (collectively, the "Facilities"), are provided to its Member(s) ("you", "your", "Member"), subject to your acceptance of all the terms and conditions as set forth in these Membership Terms, the Privacy Policy, Terms of Service, and Member Waiver of Liability and Release Agreement (collectively "Policies").

Membership Terms: http://www.tdathletesedge.com/membership-terms

Membership Waiver of Liability and Release Agreement: http://www.tdathletesedge.com/member-waiver

TDAE has created these Membership Terms to make sure you know the rights and obligations associated with your TDAE Membership ("Membership"). By purchasing a Membership, utilizing TDAE's Facilities, and/or registering for an online account, you represent and warrant that you have read, and agree to be bound by these Membership Terms.

You affirm that you are either more than 18 years of age, an emancipated minor, or at least 16 years of age and possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Membership Terms, and to abide by and comply with these Membership Terms.

Membership

The benefits of Membership, available Facilities, personal training options, Services, and/or nutrition services, may change from time to time in TDAE's discretion and are described on the TDAE website ("Site") or at the applicable TDAE location. Each Member shall be permitted to make use of the physical gym locations, training rooms, equipment, changing rooms, bathrooms, common areas, and other benefits or amenities made available for all Members at no additional charge. You understand and acknowledge that Membership does not cover lessons, classes, individual or group training sessions, special programs, or rentals, some or all of which may be made available from time-to-time for additional charges. Not all programs, benefits, facilities, equipment, etc. will be available at all times. Memberships (including, but not limited to any individual benefits or services thereof) are not assignable or transferable and any attempted transfer or assignment shall be null and void. You understand and acknowledge that TDAE is a privately owned, members only establishment and therefore TDAE reserves the right to refuse Membership to anyone with or without cause.

Membership Rules

a. You acknowledge that TDAE and its Facilities establish rules and regulations for the safety, comfort and protection of Members, guests, and visitors. You agree to abide by all policies, guidelines, rules, and regulations (together, the "TDAE Rules") for safe use of the Facility and equipment, which may be posted or published by TDAE, or adopted from time to time, including following any verbal or written instructions provided by your TDAE personnel, your personal trainer or nutritionist. TDAE Rules are subject to change. All such TDAE Rules are incorporated into these Membership Terms by reference and made a part hereof.

b. All use of the Facilities shall be undertaken at your sole risk, in accordance with the Member Waiver of Liability and Release Agreement, and TDAE and/or any TDAE personnel, owners, operators, managers, successors or assigns (for purposes of this Section, collectively "TDAE") shall not be liable for any harm, injuries or damage to you or your property, or be subject to any claim, demand, liability or damages whatsoever, including, without limitation, those resulting from acts of active or passive negligence on the part of TDAE. It is specifically agreed that TDAE shall not be responsible or liable for articles lost, damaged or stolen in, about or in connection with the Facilities nor for loss or damage to any of your other property, including automobiles and their contents. You may, at your own discretion and expense, obtain personal insurance for loss, injury or damage that you might sustain from use of the Facilities.

Membership Waiver of Liability and Release Agreement: http://www.tdathletesedge.com/member-waiver

c. You agree not to engage in any behaviors that may endanger other Members or TDAE personnel.

d. You agree that you will not use any equipment located at any physical TDAE Facility unless you (1) are knowledgeable concerning the use of such equipment, or (2) have received appropriate instruction from TDAE personnel in the use of such equipment, including, but not limited to, fitness machines, free-weights, and cardio-aerobic equipment, prior to use.

e. You represent and warrant to TDAE that you are in good health and have no disability, impairment, injury, disease, or ailment that prevents you from engaging in active or passive exercise or which would cause an increased risk of injury or adverse health consequences as a result of participating in any Facilities. You agree to inform TDAE personnel of any injuries, pains or concerns prior to participating in any class, instruction, training, counseling, or use of any Facilities.

f. You understand and acknowledge that neither TDAE nor TDAE personnel have expertise in diagnosing, examining, or treating any medical condition. In the event you experience any illness, injury, discomfort, impairment, or other health problem (together referred to as a "Health Problem") prior to or during your use of any Facility, you agree to (i) immediately inform TDAE personnel of such Health Problem, and (ii) consult your physician and reconfirm your physician's consent to or approval of your continued participation in activities at or with TDAE. Notwithstanding the foregoing, TDAE shall have at its physical Facility at least one (1) Automated External Defibrillator ("AED"), as defined in Massachusetts General Laws, chapter 112, section 12V 1/2, and shall have in attendance during staffed business hours at least one (1) employee or authorized volunteer as an AED provider, as defined in Massachusetts General Laws, chapter 112, section 12V 1/2. You agree that while you are using any Facility, you will not be under the influence of any (1) medication that may impair your physical or mental capabilities, (2) alcohol, or (3) non-prescription drugs. You acknowledge and agree that such use or influence may increase the risk of serious bodily injury or death to yourself or others.

g. Members should report any accidents, incidents, faulty equipment, issues or problems with the service and/or any Facility to TDAE personnel directly.

h. In the interest of all Member's safety and hygiene, Members (and their guests, if applicable) are required to wear clean attire and footwear, appropriate for such Member and/or guest's activities at the Facility.

i. You represent, warrant, and acknowledge that: (i) you have inspected the Facilities and same are in full operation; (ii) no promises, representations or warranties, other than as explicitly set forth herein, have been made to you by TDAE or otherwise concerning the Facilities; and (iii) it has been explained to you that this is a legally binding and enforceable contract and that you have agreed to maintain your membership for the period of time specified.

Facility Availability

From time to time, the Facility may partially or fully close and be unavailable for use by Members for reasons including, but not limited to, renovation, repair, special events, or holidays. TDAE will make good faith efforts to minimize disruption to Members during these periods. Hours of operation will be displayed at the Facility and may be modified from time to time by TDAE.

Payment

For gym access and training services:

a. Depending on the service TDAE offers, Pro (annual), Basic (4-week), Hybrid, (4-week), or Online Membership (4-week). For Pro Memberships, Members will be required to pay for the first four weeks of such Membership upon registering for the Pro Membership. All Memberships are paid on an automatic, recurring charge every four weeks, on or around the 4-week anniversary of the Member's last payment. Membership fees will be debited from the Members account, using billing information provided by the Member. Members can cancel their Membership and cease making payments, only as provided herein.

Basic Membership Contract Details:

Basic memberships are for a duration of eight sessions or 4-weeks, whichever occurs first and automatically renew as provided below.
The frequency at which you utilize your sessions throughout the 4-week period is up to you.
You may cancel a booked session up to 60 minutes before the start time without penalty. Failure to cancel will result in forfeiting that session.
Your payment will be processed automatically every 4 weeks.
Auto-renewal will occur upon the earlier of (i) completion or forfeiture of your eighth session, or (ii) the date that is the 4-week anniversary of your Basic Membership commencement or the commencement date of any renewal.
If you choose to cancel your Basic Membership, TDAE must be notified in writing prior to any renewal.
You have the ability to upgrade to add sessions per week and can notify a TDAE staff member of your decision to upgrade. The upgrade will go into effect at the start of your next 4-week phase and continue to renew at the end of each 4-week cycle.
Medical Hold (as defined below) available on a case-by-case basis. TDAE staff members must be notified in writing.
You will not be billed during Medical Hold.
When your Medical Hold is lifted, your membership renewal date will be adjusted to account for the pause.

Pro Membership Contract Details:

Select a membership option based on the number of sessions you plan to attend each week: 1x/week, 2x/week, 3x/week, 4x/week.
You have the ability to schedule future sessions throughout your annual membership period.
You may cancel a booked session up to 60 minutes before the start time without penalty. Failure to cancel will result in forfeiting that session.
Your payment will be processed automatically every 4 weeks for a full year (13 payments).
You have the ability to upgrade to add sessions per week at any point during your Pro Membership by notifying us in writing. The upgrade will go into effect at the start of your next 4-week phase. This will not extend your contract end date.
You may terminate your membership prior to the end date of your membership period. Early termination will incur a $150 exit fee, and all remaining sessions will be forfeited.
Medical Hold (as defined below) available on a case-by-case basis. TDAE staff members must be notified in writing.
You will not be billed during Medical Hold.
When your Medical Hold is lifted, your membership renewal date will be adjusted to account for the pause.

Membership Upgrade:

To upgrade and add an additional session per week for one 4-week period of your Pro Membership, the fee is $145 on top of your base membership rate. You may remain on the upgraded Pro Membership for as many 4-week periods as you would like.

b. Membership fees may be modified from time-to-time by TDAE. However, no Membership fee change will be applicable to you during the then current term of your Membership but will be effective for any renewal periods.

c. You must have a valid payment method on file at all times and pay all Membership fees when due. When you provide a payment method (such as a credit card) to us, you confirm that you are permitted to use that payment method. You authorize us (and our designated payment processor) to charge the full amount to the payment method you designate for any and all of your Membership fees, Member activities, and any fees due hereunder. You also authorize us to collect and store that payment method information, along with other related transaction information. If your primary payment method fails or your account is past due, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. If your use of a payment method results in an overdraft or other fee from your bank or provider, you alone are responsible for that fee. TDAE, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. In addition to the Membership fee amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third-party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by email, mail, or by phone, at the email address and/or phone number you provided to TDAE. Such communication may be made by TDAE or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information TDAE reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at TD Athletes Edge, LLC 63 ½ Jefferson Avenue, Salem, MA 01970. If you wish to dispute the information a collection agency reported to a credit bureau regarding your TDAE account, you must contact the collection agency directly.

d. If you use a debit card as your payment method, you agree that TDAE can charge you any amount that becomes due for your account. If you want to change your payment method from direct debit, you can do so at any time through your account settings.

e. If you have a dispute concerning any payment transaction, please contact our billing department at tdteam@tdathletesedge.com. If, at any time, you contact your bank or credit card company to reject the charge of any payable Membership fees ("Chargeback"), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your Membership. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In order to resume use of your Membership, you must pay all past due fees, as well as any fees incurred by us or our payment processor as a result of the Chargeback.

f. TDAE does not accept insurance or bill your insurance company. Some insurance policies will provide reimbursement for memberships and services, such as TDAE's. It is your responsibility to confirm with your insurance company what costs are services reimbursable under your policy. It is also your responsibility to submit any paid fees for reimbursement and any documentation your insurance company may require, therefore. TDAE does not make any representations, warranties, or guarantees concerning the eligibility of TDAE Facilities, Memberships, and services for any insurance reimbursement. TDAE cannot advise you about whether your insurance policy will provide for reimbursement and TDAE cannot guarantee that you will receive any reimbursement.

Medical Hold

You may put your Membership on hold due to medical reasons (i.e. surgery, injury, or family emergency) for one or more 4-week period, as applicable to your Membership, for a minimum of one (1) 4-week period or up to a maximum of three 4-week periods or (a "Medical Hold"). A Medical Hold is available on a case-by-case basis, approved by personnel of TDAE, and effective only upon advance written notice to TDAE, sent to the address as set forth in these Membership Terms, which notification shall include the period of time to which you request the Medical Hold apply. In no instance shall a Medical Hold apply retroactively. During a Medical Hold, you may not use any Facilities or services. You will not be billed for Membership fees during your Medical Hold; payments shall resume upon the expiration of your Medical Hold. Your Membership expiration date will be extended by the amount of time of your Medical Hold.

Cancellation

a. YOU MAY CANCEL YOUR MEMBERSHIP WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE YOU ENTERED INTO THESE MEMBERSHIP TERMS OR THE DATE ON YOUR RECEIPT TO THE TDAE ADDRESS SPECIFIED IN THESE MEMBERSHIP TERMS. Your notice of cancellation shall be accompanied by the statutorily required forms, including a copy of any paper agreements executed between you and TDAE, your membership card, and any other documents, confirmation emails, or evidence of membership previously delivered to you. In the event you cancel your Membership as described in this Section, TDAE shall refund all money paid by you to TDAE, pursuant to the Membership Terms, within fifteen (15) business days of TDAE's receipt of your written notice of cancellation.

b. You or your estate may also cancel your Membership for any of the following reasons: (i) if upon a doctor's order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months; (ii) in case of your death; (iii) if the TDAE services, which were the subject of your Membership, are not available because TDAE fails to open a planned TDAE location, permanently discontinues operation of the TDAE location you primarily utilize, or substantially changes the operation of the TDAE location you primarily use; or (iv) if you move either your residence or your place of employment more than twenty-five (25) miles from the TDAE location you primarily use. In the event of the cancellation of your Membership in the manner specified by this Section, TDAE shall refund all pre-paid and unused Membership fees within fifteen (15) business days of receipt of your written notice of cancellation. For purposes of clarity, TDAE may retain the portion of the Membership fee representing the amount of time that the TDAE services, Facilities, and/or your Membership were used by you prior to cancellation; and provided, further, that TDAE may demand the reasonable cost of goods and services which you have consumed or wish to retain after cancellation of your Membership. For Pro Memberships, TDAE charges an exit fee of $150.00.

c. TDAE reserves the right to cancel these Membership Terms and/or terminate your Membership, any benefits of your Membership, TDAE Facilities, amenities, and/or services, or other privileges granted by these Membership Terms in the event of a Member Default, or for any reason or no reason, in TDAE's sole discretion. A Member Default includes (i) your failure to comply with any of TDAE policies, procedures or rules; (ii) intentional or negligent misrepresentation of information you provide to TDAE through any means; (iii) failure to make timely payment of any Membership fee; or (iv) your breach of any Policies. In the event that TDAE cancels your Membership, you shall continue to be fully liable to TDAE for any and all Membership fees or other fees due and payable to TDAE hereunder.

General Provision

If any provision of these Membership Terms is held unenforceable, then such provision will be modified to reflect the parties' intention, and all remaining provisions of these Membership Terms shall remain in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Membership Terms. These Membership Terms shall in all respects be interpreted and construed with and by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws rules, and the United States of America. TDAE may assign its rights and responsibilities hereunder without notice to you. These terms and conditions will inure to the benefit of TDAE's successors, assigns and licensees. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The failure of TDAE to exercise or enforce any right or provision of these Membership Terms will not constitute a waiver of such rights or provisions. Except as explicitly stated otherwise, any notices shall be given by postal mail to TDAE; Attn: Legal Department, 63 ½ Jefferson Avenue, Salem, MA 01970 (in the case of TDAE) or, in your case, to the email you provide to TDAE (either during the registration process or when you update your membership information). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, TDAE may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TDAE. In such case, notice shall be deemed given three days after the date of mailing. These Membership Terms, the Terms of Service, Privacy Policy, and Member Waiver of Liability and Release Agreement set forth the entire agreement and understanding between you and TDAE. In the event either party institutes legal proceedings against the other for any reason relating to the subject matter of and/or arising from these Membership Terms, the party against whom a judgment is entered will pay all reasonable costs and expenses relative thereto, including any and all reasonable attorneys' fees and court costs of the prevailing party.

Membership Terms