Arbitration Agreement

1. Agreement to Arbitrate

By using Elite Prime Fitness services, you agree that any dispute, claim, or controversy arising out of or relating to:

• Your use of our services, programs, or facilities
• These Terms of Service or any other agreement with Elite Prime Fitness
• Your relationship with Elite Prime Fitness, our trainers, or employees
• Any advertising, marketing, or promotional materials
• The privacy, security, or confidentiality of your information

shall be resolved exclusively through binding arbitration, except as specified in Section 3 below.

2. Waiver of Right to Sue

YOU AND ELITE PRIME FITNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION.

By agreeing to arbitration, you understand and agree that:

• You are waiving your right to have a trial by jury
• You are waiving your right to participate in a class action lawsuit or class-wide arbitration
• You are waiving your right to certain discovery procedures that are available in court
• Arbitration decisions are subject to very limited review by courts

3. Exceptions to Arbitration

Notwithstanding the above, the following disputes are not subject to the arbitration requirement:

• Individual disputes that qualify for small claims court (as long as the dispute remains in small claims court)
• Claims for injunctive or equitable relief to protect intellectual property rights
• Disputes that may be brought in a government agency if permitted by that agency's rules

4. Arbitration Rules and Procedures

The arbitration will be conducted in accordance with the following:

5. Costs and Fees

Payment of arbitration costs and fees shall be determined according to AAA rules, subject to the following:

• Each party is responsible for their own attorney's fees unless otherwise awarded by the arbitrator
• Elite Prime Fitness will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated by you, unless your claim is determined to be frivolous
• If you are unable to afford arbitration costs, Elite Prime Fitness will consider a request to waive or reduce fees on a case-by-case basis
• The arbitrator may award attorneys' fees and costs to the prevailing party if permitted by applicable law

6. Pre-Arbitration Dispute Resolution

Before initiating arbitration, you agree to first contact Elite Prime Fitness to attempt to resolve the dispute informally:

• Send a written notice describing the nature of your claim and desired resolution to: legal@eliteprimefitness.com
• Allow 60 days for Elite Prime Fitness to respond and attempt to resolve the issue
• If the dispute cannot be resolved within 60 days, either party may initiate arbitration

7. Class Action Waiver

YOU AND ELITE PRIME FITNESS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS.

There will be no right or authority for any disputes to be brought, heard, or arbitrated on a class, representative, or collective basis. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, representative, or collective proceeding.

8. Confidentiality

All aspects of the arbitration proceeding, including the award, shall be strictly confidential, except as may be necessary to enter judgment on the award or as otherwise required by law. The parties agree to keep confidential all documents, testimony, and information disclosed during arbitration proceedings.

9. Opt-Out Right

You have the right to opt out of this Arbitration Agreement by sending written notice of your decision within 30 days of first accepting these Terms of Service. Your notice must include:

• Your full name
• Your email address associated with your account
• A clear statement that you wish to opt out of the Arbitration Agreement

Send your opt-out notice to: arbitration-optout@eliteprimefitness.com

If you opt out, all other terms of these Terms of Service will continue to apply. Opting out will not affect any other arbitration agreements you may have with Elite Prime Fitness.

10. Governing Law

This Arbitration Agreement and any disputes arising under it shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (FAA), and not by state arbitration laws. The law of the State of California, excluding its conflict-of-laws rules, shall govern all other aspects of these Terms of Service and any disputes between you and Elite Prime Fitness.

11. Severability

If any provision of this Arbitration Agreement is found to be unenforceable, the remainder shall continue in full force and effect. If the Class Action Waiver is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.

12. Survival

This Arbitration Agreement shall survive the termination of your relationship with Elite Prime Fitness and shall continue to apply to any claims that arose or accrued during your use of our services.

13. Changes to This Agreement

Elite Prime Fitness reserves the right to change this Arbitration Agreement in the future. If we make changes, we will post the revised agreement on our website and update the "Last Updated" date. Changes will not apply to disputes that arose before the change became effective.