Membership Packages One Time Enrollment Fee $150.00

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1 Membership Packages One Time Enrollment Fee $ Conrad Classic $85/month Conrad Classic membership provides unlimited, 24-hour access to facilities including fitness center, locker rooms, steam room, and saunas. Membership also provides access to Infinity Edge swimming pool seven days a week from 6 am 10 pm. Complimentary Polar Body Age Assessment and complimentary valet parking included. Classic Members also receive: 10% off all spa treatments at Spa Chakra and Guerlain Products at Spa Chakra 15% off Conrad Indianapolis accommodations 50% off Fitness Beverages and Snacks Conrad Premier $180/month Conrad Classic membership provides unlimited, 24-hour access to facilities including fitness center, locker rooms, steam room, and saunas. Membership also provides access to Infinity Edge swimming pool seven days a week from 6 am 10 pm. Complimentary Polar Body Age Assessment and complimentary valet parking included. Premier Members also receive: Two Complimentary Personal Training Sessions One complimentary Day Guest Pass per month 20% off all spa treatments at Spa Chakra and Guerlain Products at Spa Chakra 15% off Conrad Indianapolis accommodations 25% off additional Personal Training sessions 50% off Fitness Beverages and Snacks Conrad Platinum $275/month Conrad Classic membership provides unlimited, 24-hour access to facilities including fitness center, locker rooms, steam room, and saunas. Membership also provides access to Infinity Edge swimming pool seven days a week from 6 am 10 pm. Complimentary Polar Body Age Assessment and complimentary valet parking included. Platinum Membership also receives: Four Complimentary Personal Training Sessions Two complimentary Day Guest Passes per month Complimentary Shoe Shine during workout Laundry Pressing Services available 33% off any spa treatments at Spa Chakra and Guerlain Products at Spa Chakra 15% off Conrad Indianapolis accommodations 45% off additional Personal Training Sessions 50% off Fitness Beverages and Snacks Spouse Add-Ons Ons: $65/month

2 New Member Benefits In appreciation of choosing Conrad Fitness, all new members will receive: $25 Conrad Gift Certificate One one-time complimentary Personal Training session One one-time complimentary 60-minute spa treatment at Spa Chakra Personal Training Packages Individual One Hour Personal Training Session $75/hr 12 One Hour Individual Personal Training Sessions (Total $840) $70/hr 24 One Hour Individual Personal Training Sessions (Total $1584) $66/hr

3 Membership Application Thank you for choosing Conrad Fitness. Please print your information below. Membership Type: Salutation: First Name: Last Name: Residence Address: City/State: Zip: Residence Phone: Address: (to be used by Conrad Fitness only) Name of Employer: Position: Business Address: City/State: Zip: Business Phone: Spouse s Name: Child s Name(s): Did someone refer you to Conrad Fitness? If yes, who? Preferred Method of Communication: Home Phone: Business Phone: Check here to receive Conrad Fitness member updates and promotional news. Personal Information Driver s License No.: Date of Birth: SSN: Family Physician: Phone: Signature: Date:

4 P.T. Client Medical and Exercise History Client Name: Age: (If above the age of 70,, additional screening must be completed) Sex: M F Phone No.: : Medical History Do you have and medical conditions that could be acerbated by physical activity? If so, please explain: Are you pregnant? Y N If so, how many weeks? Have you had any past surgeries? If so, when and what type? Have you had any injuries? Were you diagnosed by a physician? If so, what was the diagnosis? Have you undergone Physical Therapy/Rehab for this each injury? Y N What activities aggravate? Are you cleared for full activity without restriction? Y N If not, any specific guidelines from your physician/therapist? Emergency Contact and phone #: Client Cleared To T Exercise: e: Y N (If no, client will need Doctor approval)

5 Exercise Readiness Questionnaire (ERQ) Name Date DOB Age Home Phone Work Phone Regular exercise is associated with many health benefits. Increasing physical activity is safe for most people. However, some individuals should check with a physician before they become more physically active. Completion of this questionnaire is a first step when planning to increase the amount of physical activity in your life. Please read each question carefully and answer every question honestly: Yes No 1) Has a physician ever diagnosed you with a heart condition and indicated you should restrict your physical activity? Yes No 2) When you perform physical activity, do you feel pain in your chest? Yes No 3) When you were not engaging in physical activity, have you experienced chest pain in the past month? Yes No 4) Do you ever faint or get dizzy and lose your balance? Yes Yes No No 5) Do you have an injury or orthopedic condition (such as a back, hip, or knee problem) that may worsen due to a change in your physical activity? 6) Do you have high blood pressure or a heart condition in which a physician is currently prescribing a medication? Yes No 7) Are you pregnant? Yes No 8) Do you have insulin dependent diabetes? Yes No 9) Are you 69 years of age or older and not used to being very active? Yes No 10) Do you know of any other reason you should not exercise or increase your physical activity? If you answered yes to any of the above questions, talk with your doctor before you become more physically active. Tell your doctor your plan to exercise and to which questions you answer yes. If you honestly answered no to all questions you can be reasonably certain you can safely increase your level of physical activity gradually. If your health changes so you then answer yes to any of the above questions, seek guidance from a physician. Participant signature Date

6 Credit Card Payment Authorization Form Please complete all areas below. Incomplete requests may be rejected. This form must be received at least 5 business days prior to the Check-In, or by specified date in Event Contract, to ensure acceptance of the credit card to be charged. Do not send completed form by . FAX COMPLETED FORM TO: ATTN: HOTEL USE ONLY: Date: Authorized Amount: Approval Code: Date: CARDHOLDER - Please complete the following section and sign/date below. Guest / Group Name: Check-In / Event Date: Name of Fitness Member: Phone: Cardholder Name as it Appears on Credit Card: Cardholder Billing Address: City: State: Zip: Daytime /Business Telephone: Evening Telephone: Credit Card Number: Expiration Date: Credit Card Type: (Circle one) Visa/MasterCard American Express Discover JCB Diners Club Credit Card Issuing Bank Name: Bank Phone Number (from back of your credit card): I agree to cover the following categories of charges: (Please circle) All Charges Membership Fees Enrollment Fees Personal Training Sessions I agree to cover the above categories of charges up to a Maximum Amount of $ Note: Charges for monthly membership fees will automatically be charged to your account on the 15 th of each month. Additional fitness services including personal training sessions, as well as, initial Enrollment Fees will be charged to your account immediately. Amount to be immediately charged to credit card for room and taxes or deposit: $ Final Balance Billed to Credit Card (hotel use only): $ By signing below, you authorize the hotel to charge your credit card immediately for the amount indicated above up to the Maximum Amount indicated above. You further acknowledge that if all charges has been selected, then all guest/group related charges (less Deposit) will be charged to the above card number at the time of check-out or event conclusion. Cardholder Signature: Date: Rev 04/10

7 Conrad Indianapolis House Rules, By-laws, and Membership Agreement Updated: June 2010 This membership Agreement (the Agreement ) is made and entered into by and between Conrad Fitness (the Fitness Center ) and the undersigned Applicant and applies to the class of membership indicated in Article III below: ARTICLE 1. NAME AND PURPOSE Section 1. Name. The name of the fitness center is Conrad Fitness. Section 2. Location. The location and principal office of the Fitness Center shall be 50 West Washington Street, Indianapolis, Indiana Section 3. Purpose. The Fitness Center is owned and operated by Circle Block Operators, LLC (the Company ). The Fitness Center is a joint usage facility with fitness facilities being available for use as hereinafter provided by members and by guests of hotels owned and/ or operated by the company and by affiliates of the company, including without limitation Conrad Indianapolis. The purpose of the Fitness Center shall be to provide its members and others entitled to the use of the Fitness Center a health and athletic facility. Section 4. Fitness Facilities. Fitness Facilities shall mean all athletic and aquatic facilities including the fitness area with exercise equipment and an indoor swimming pool, and men s and ladies locker rooms with related amenities. Spa Chakra, including its treatment rooms, adjacent to the Fitness Center (the Adjacent Facilities ) is not included in the Fitness Facilities. Members shall have access to and use of the Adjacent Facilities as a paying member of Spa Chakra and/or in Conrad Fitness membership package agreements for so long as management of the Adjacent Facilities shall provide such access. ARTICLE II: MEMBERSHIP Section 1. Nature of Membership. Membership does not confer or carry with it any interest in the property or assets of the Fitness Center or any right on the part of members to participate in the management of the Fitness Center. Membership confers solely the right to use and enjoy the Fitness Facilities in accordance with this Agreement and the Fitness Center s rules and regulations in effect from time to time. Membership in Conrad Fitness is non-transferable and not for resale with the exception of the re-designation rights for corporate memberships as outlined in Article III, section 6. Section 2. Application for Membership. A. Application for membership shall be made on the form prescribed by Conrad Fitness as the same may be revised from time to time. Each such application shall be signed by the Applicant. B. All applications for membership shall be accompanied by payment of an initiation fee in an amount to be established from time to time by Conrad Fitness. If the application for 1

8 membership is not accepted, such initiation fee shall immediately be refunded to the Applicant. C. If and so long as the number of persons approved for admission to any class of membership exceeds the number of vacancies in such class, Conrad Fitness shall maintain a waiting list established in the order in which persons approved for admissions shall be admitted as vacancies occur. Each such person approved for admission shall take his or her place at the bottom of the applicable waiting list. If two or more such persons are approved at the same time, their names shall be placed on the applicable waiting list in the order in which their respective applications for membership were received by Conrad Fitness. As a vacancy occurs in any class of membership, the same shall be filled by the person whose name appears at the top of the applicable waiting list, provided payment of the applicable initiation or transfer fee has been made. D. Membership key fobs shall be issued to evidence membership in good standing, and must be presented by the member only for entrance to Conrad Fitness. ARTICLE III. CLASSES OF MEMBERSHIP The Company shall have absolute power and authority to determine the number of members to be allocated to each class of membership, the amount of initiation fees and dues to be paid by members in each class and the terms of admission, privileges and facilities to be extended to members in each class and to eliminate or establish, and/or additional classes of membership from time to time. The class of Membership to which the Agreement shall apply is indicated on the application. A description of each class follows: Section 1. Individual. Individual Membership shall be available to individual persons age 21 and over. Individual Members shall be entitled to use of all Fitness Facilities. Section 2. Member/ Spouse. Member/Spouse Memberships shall be available to any person eligible to become an Individual Member. The privileges of a Member/Spouse Membership, which are the same as the privileges of an Individual Membership, shall be available to the member and his/her spouse. Section 3.. Corporate. Corporate Memberships shall be available to companies, associations, partnerships, proprietorships, or other business entities or employees of such entities which have been approved for membership by the Company. A Corporate Membership is defined as an Individual, Member/ Spouse, Family, Fitness/Individual or Fitness/ Couple Membership which is purchased in the name of a business of responsible credit background and is owned by such business or a designated employee of such business. Such businesses may own one or more memberships or designate one or more employees to purchase membership in the name of the business. For each Corporate Membership purchased in the name of the business, such business must designate one employee as the user for each individual Fitness Membership purchased, or one employee and his/her spouse as the users for each Member/Spouse or Fitness/Couple Membership. Each employee designated as a user of a Corporate Membership shall be a Corporate Member and will have the opportunity to utilize Conrad Indianapolis accommodations at employer s corporate 2

9 negotiated room rate. For Corporate Memberships owned by a business, the Corporate Member shall change from time to time by providing 30 days advance written notice to Conrad Fitness upon approval by Conrad Fitness and upon payment of a change of designated charge. If a business owns a Corporate Membership, that business and the Corporate Member shall be jointly and severally liable for all dues, charges, and obligations incurred on the membership account. The dues for each Corporate Member shall be the same as if such Corporate Member were a member in the designated class of membership provided. However, the Corporate Member and their employer will not be subjected to any enrollment or initiation fees. ARTICLE IV. INITIATION FEES, DUES AND CHARGES Section 1. Payment of initiation fee. All new members shall pay a non-refundable initiation fee. The amount, manner and time of payment of the fee applicable to each class of membership shall be established by Conrad Indianapolis and may be changed from time to time. No portion of such fee will be refunded. The Company shall from time to time determine that amount and terms of payment of dues which shall be payable by the members. Dues shall be payable monthly in advance. The obligation to pay dues is not dependent on the availability of the Fitness Facilities or Adjacent Facilities, repair, maintenance and/or other special events, or circumstances that make it necessary for the Fitness Center to temporarily or permanently restrict use of one or more facilities or to temporarily close or permanently close the Fitness Center. Dues will not be reduced or suspended during the time when one or more of the Fitness Facilities or Adjacent Facilities are either temporarily or permanently not available or the Fitness Center is temporarily closed. Section 2. Charges. The Company from time to time determines the amount and terms of payment for goods and services, charges for the use of Fitness Facilities by members and guests and any charge otherwise applicable to any class of membership. Section 3. Payment of Accounts and Delinquency. All dues and charges billed to members are due and payable in Indianapolis, IN. Member dues will be settled to the method of payment provided on the 15 th of the month for the current month. Member accounts remaining unpaid by the 25 th of the month shall be past due and interest at a rate of 18% per annum shall be added to the member s club account until the account is paid in full. If any member s account remains unpaid for thirty (30) days after the billing date, such member s membership may be terminated as provided in Article V, Section 1(B). ARTICLE V. TERMINATION OF MEMBERSHIP AND INACTIVE STATUS Section 1. Termination of Membership. Termination of Membership. Termination of membership shall result in loss of the right to use the Fitness Facilities. Termination shall not produce any monetary penalty or cost to the member not otherwise existing at the date of termination. Termination may occur by voluntary resignation, involuntary termination or death. 3

10 A. Voluntary Resignation. A member may resign from Conrad Fitness by thirty (30) days advance written notice to Conrad Fitness. Surrendering his/her membership card, and paying any dues or other charges which the member incurred. Such voluntary resignation shall be deemed effective after the expiration of the 30-day notice period and upon receipt of the member s membership card and after all required payments have been made by the member to Conrad Fitness. Subsequent to his/her voluntary resignation a member shall not be subject to any further dues. B. Involuntary Termination. Conrad Fitness reserves the right at its sole discretion at any time to terminate the membership or privileges of any member for failure to comply with this Agreement or for any conduct the Company determines to be improper or in any way inimical to the best interest of Conrad Fitness. The membership may be terminated by notification in writing, mailed by the Company to the last address shown on the records of Conrad Fitness for the member being terminated. The terminated member shall return promptly his/her membership card and any other Fitness Center property to Conrad Fitness. A terminated member will remain liable for all dues and other indebtedness incurred prior to receipt of the membership card by Conrad Fitness. The membership of any member who is sixty (60) days in arrears with respect to the payment of his/her account to Conrad Fitness may at the option of the Company be terminated as provided in this Article V. Section 1 (B). C. Death. In the event of the death of an individual member of any class of membership the spouse of the deceased member may continue to enjoy the privileges of the membership without payment of any initiation or transfer fees provided such spouse shall be required to pay the regular monthly dues applicable to the class of membership of the deceased member. The spouse of a deceased Lifetime Member may continue to enjoy the privileges of the membership. Upon the death of the spouse of a deceased, the membership shall terminate. Except as otherwise provided in this Article V. Section 19(c) upon the death of an individual members the membership shall terminate as if the member had resigned. E. Freeze of Membership. Conrad Fitness members may put a no-penalty freeze on their member account one time per year, with up to 3 consecutive months freeze maximum. Members must contact Conrad Concierge at by the first of every month to put their membership on a freeze. On the 15 th of that month, the member will not be billed monthly membership and the key fob access will be turned off. Any member who puts a freeze on their membership beyond three consecutive months, will be subject to the new member enrollment fee in order to reinstate membership. ARTICLE VI. MANAGEMENT OF THE CLUB. The operations of Conrad Fitness and the management of the Fitness Facilities shall be vested in every respect in the Company, acting through its partners, agents, employees, and assigns. The Company is authorized and empowered to adopt, promulgate and enforce rules and regulations governing the use of Fitness Facilities, and every member shall be subject to such rules and regulations in effect from time to time and shall abide thereby. ARTICLE VII. MISCELLANEOUS Section 1. Waiver of Liability. 4

11 A. Any member, guest or other person who in any manner makes use of or accepts the use of any apparatus, appliance, facility, privilege or service whatsoever owned or operated by the Company or Conrad Fitness or who engages in any contest, game function, exercise, competition or any other activity operated, organized, arranged or sponsored by the Company or the Fitness Center, either on or off the Fitness Center s premises shall do so at his/her own risk. Neither the Company nor the Fitness Center shall be responsible or liable to any such member, guest or other person or any third party resulting or alleged to have resulted therefore and/or resulting from any act or omission of any partner, employee, representative or agent of either the Company or the Fitness Center B. Neither the Company nor the Fitness Center is responsible or liable to any member, guest or other person for any loss, injury, or damage to or theft of any private property of such member, guest, or other person while such private property is in or on the Fitness Center premises or while such property is deposited with the Fitness Center on or off the Center premises, either for or without hire. Any such private property which may have been left without the payment of storage thereon, in or on the Fitness Center premises for one month may be sold by the Fitness Center with or without notice at public or private sales, or may be otherwise disposed of and proceeds, if any shall belong to the Fitness Center. C. Every member of Conrad Fitness by acceptance of his/her membership in the Fitness Center, does hereby agree for himself/herself and for members of his/her family and guests to indemnify the Company and the Fitness Center, their general partners, employees, representatives, agents, other members and guests, and any successors thereof, and to hold such parties harmless from and to defend such parties against any claim, liability, damage, cost and expense including reasonable attorney s fees and expenses for personal injury or property damaged arising out of the conduct of any such indemnifying member, members of his/her family or guests. Section 2. Use of Facilities ies by Hotel Guests. Fitness Facilities may be used from time to time by guests of Hotels owned and/or operated by the Company of its Affiliates including without limitation Conrad Indianapolis. Section 3. Adoption of By-Laws. Every member of the Fitness Center, by acceptance of his membership in the Center does hereby adopt for himself and for members of his family and guests all the terms and provisions of these By-Laws. ARTICLE VIII. APPROVAL OF APPLICATION Applicant s membership is subject to approval by the Company and shall not be effective unless and until this Agreement is executed by the authorized agent of the Fitness Center. The Applicant represents and warrants that he/she has read and understands this Agreement, agrees to be bound by the terms and conditions hereby and acknowledge he/she has received a copy of this Agreement. ARTICLE IX. GENERAL INFORMATION 5

12 Section 1. Hours. The Fitness Facilities, excluding the Conrad Infinity pool, are open 24 hours, seven days a week for Fitness Members. Pool hours are 6 am 10 pm, seven days a week. Section 2. Membership. For information regarding membership, contact Conrad Concierge at Section 3. Membership Registration, Cards and Keys. All members and guests must register at the front desk on the six level by the lobby entrance. Members must use their key fob for access and may receive a key for locker use that day, if needed. There is a charge for any lost memberships cards, lost keys or failure to return Fitness Center towels. No one is to be admitted to any area of Conrad Fitness without first swiping their key fob at access points. Section 4. Guest Registration. Members may bring guests to the Fitness Center at any time by surrendering a Guest Pass to the front desk. Guests must be at least 18 years old and be registered at the front desk prior to using the Fitness Center and the issuance of a day-locker key. Members may not bring the same local guest with a Guest Pass to the Fitness Center more than two times in one year. Members may not bring more than two guests or use more than two Guest Passes per visit unless prior arrangements have been made with the Fitness Center s management. Guest passes are only valid during regular business hours. Conrad Indianapolis hotel guests may use the Fitness Center by presenting their room key at the front desk. Section 5. Children No one under the age of 21 and without a membership should be permitted in the Fitness Facilities. Children of hotel guests of Conrad Indianapolis are permitted to us the indoor pool if between the ages of 8 to 18 and are accompanied by a parent at all times. Children younger than 18 are never allowed in the aerobic or the weight/cardiovascular areas even if accompanied by an adult. Section 6. Dress Code. Members and guests are required to wear cover-ups and footwear in all areas of the Fitness Center at all times. Appropriate athletic attire must be worn at all times in the exercise areas. Proper swim attire must be worn in the pool areas. Section 7. Fitness Evaluation. All members are reminded that a fitness evaluation is not a substitute for a regular medical examination and are therefore encouraged to have a physical examination by their personal physician including an exercise stress test before engaging in strenuous activity. All participants should have medical clearance prior to fitness evaluation. This evaluation consists of five tests measuring aerobic capacity, body composition, flexibility, muscular strength and muscular endurance. Section 8.. Towels. Fitness Center towels are available in the respective locker rooms. Towels are provided at the pool and in the fitness room. Fitness Center towels not returned will be charged to the individual s account. Section 9. Telephones. Telephones are conveniently located in the locker rooms and lounges for hotel assistance and emergency calls only. Members needing to contact Conrad Fitness to leave a message may call Section Smoking. Smoking is not permitted in the Fitness Center. 6

13 Section Courtesies. Each member and guest is asked to employ proper health habits and personal maintenance, not only when using the locker rooms, but with all equipment and facilities. Fitness Center amenities are provided for use while at Conrad Fitness and should not be removed from the Fitness Center for any reason. All members/guests are expected to utilize the exercise equipment in the proper and prescribed manner. Consideration for other member s use and time should be given. NOTICE TO PURCHASER; DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT, OR IF IT CONATINS BLANK SPACES. IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS FITNESS CENTER YOU MAY CANCEL THIS CONTRACT BY MAILING IT TO CONRAD FITNESS BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT WITH A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: Conrad Indianapolis Attn: Conrad Fitness 50 West Washington Street Indianapolis, is, IN THE UNDERSIGNED APPLICANT HAS READ, UNDERSTANDS AND AGREES TO ABIDE BY THE MEMBERSHIP AGREEMENT OF CONRAD FITNESS. Signature of Applicant Date Signature of Applicant Date Membership Approved Conrad Fitness Authorized Signature Date 7