Midway Fitness Policies

RIGHT OF CANCELLATION:

This agreement may be cancelled at any time with a 30 day notice either in writing or documented by a Midway Motion & Fitness employee, after the first 30 days of membership is completed. The member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel.

You may also cancel this contract if the Gym moves or goes out of business and fails to provide equal facilities within 15 miles of the location designated in this contract. If you cancel, the Gym may retain or collect a portion of the contract price equal to the proportionate value of the service of use of facilities you have already received.

MEMBERSHIP RULES:

Membership is not-transferrable and this agreement is subject to all conditions appearing herein. Members must follow any and all rules and regulations established by the club, and any changes or amendments thereto.

Damage or Maintenance to Club: Should the club be unavailable for members due to damage by fire, flood, accident, catastrophe, or act of God, the membership contracts shall be frozen, not to exceed (6) months, until such time as the facilities can be reopened. Facilities may be closed periodically for maintenance.

TERMS AND CONDITIONS

1. MEMBER, by executing this Agreement, does herby join the CLUB and such membership entitles MEMBER to us ethe facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER's own athletic equipment and clothes. The MEMBER will be subject to additional charges for any including, but not limited to, the use of towels, lockers, courts, childcare, tanning beds, martial arts classes, individualized personal training, and some specialized group fitness activities.

2. MEMBER must present upon entering the club his/her/their membership card. MEMBERS agree that MEMBER may be denied access to the club without his/her/their membership card.

3. MEMBERS agrees that at all times MEMBER is using the facilities of the club, that MEMBERS will strictly comply with all the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEMBER's responsibility to seek out and familiarize himself/herself/themselves with the rules and regulations, as they exist for the use of the facility.

4. If a member violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the club may suspend the MEMBER's right to use the facility until such time as the MEMBER provides the club with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. IN the event MEMBER continues to violate the terms of this Agreement of the rules and regulations governing the facility, the MEMBER's membership may be terminated by the club.

5. MEMBER agrees and understands that there are certain risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associated with the use of the facilities and all equipment contained therein concluding the risk of injury and death. For and in consideration of the use of the facilities, MEMBER agrees to release, discharge, and waive any Claim against the club and its owners, agents, employees, and representatives from any and all damages, injuries, or death resulting from the MEMBER's use of the facilities including but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs and exercise classes. The MEMBER represents that he/she/they is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that would prevent MEMBER from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the club that MEMBER has either the permission and approval of his/her/their physician to participate in athletic activities, programs, and exercise classes and use of equipment or if he/she/they does not have such permission, the MEMBER hereby assumes the risk of injury and death, which may result in such activities.

6. MEMBER agrees that he/she/they shall not engage in any type of commercial or business activities while using the facilities. MEMBER shall not act as a trainer for any other member MEMBERS or guests and any acts which constitute such business activity is strictly forbidden. If MEMBER engages in commercial or business activities, MEMBER's membership shall be subject to immediate cancellation.

7. MEMBER agrees that MEMBER shall abide by the club dress code at all times while in the facility, including the sauna and shower area and the use of a workout towel.

8. MEMBER agrees that Member shall not use loud or profane language upon the club premise nor shall MEMBER molest, badger, assault or harass other CLUB members, guests or employees. If MEMBER engages in in such behavior, MEMBER's membership shall be subject to immediate cancellation.

9. MEMBER understands that the club prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturing and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed on club premises.

10. MEMBER agrees that if MEMBER fails to use the club facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.

11. In the event a dispute arises between MEMBER and the club which relates to this Membership agreement, the events, negotiations, representations and warranties which occurred or were made prior to the execution of this Membership Agreement or to MEMBER's use of the club facilities, exercise equipment, or participation in exercises classes or other programs including any injuries to the MEMBER, the dispute will be decided by arbitration in accordance with the commercial rules of the American Arbitration Association.

12. Should this Agreement be placed in the hands of an attorney for the violation of any provisions contained herein, the parties agree the prevailing party shall be entitled to recover all costs and expenses resulting from, including a reasonable amount as attorney's fees.

13. The parties hereby agree that the whole agreement between the parties relating ot the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.

14. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.

CONTACT: Member affirms, acknowledges, and attests that Member's mailing address, telephone number, cellular telephone number, and e-mail address provided on the face of this agreement are accurate and were provided by the Member voluntarily. Subject to applicable law, Member agrees that Midway Motion & Fitness and Club Automation, Inc., including its agents and affiliates, may contact Member at any mailing address, telephone number, cellular telephone number, or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Midway Motion & Fitness and Club Automation, Inc..

ARBITRATION: Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of the is Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be in a city of your club location and the state of your club location law shall apply. IN the event of a claim arising out of or relating in any way to the Membership agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently Club Automation, Inc.

MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSILIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITATION ANY DISPUTE A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

E-SIGN CONSENT: Certain laws and regulations may require Midway Motion & Fitness and/or Club Automation, Inc. to provide Member with written notices and disclosures on paper. With Member's consent, this information maybe 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 Midway Motion & Fitness and/or Club Automation, Inc may provide member. Member's consent to receive the Documents electronically shall continue until expressly withdrawn by the Member. Notwithstanding, Member may request a paper copy of all electronic documents by contacting Midway Motion & Fitness and/or Club Automation, Inc., and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Midway Motion & Fitness and/or Club Automation, 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 e-mail address with Midway Motion & Fitness and/or Club Automation, Inc. and to promptly notify Midway Motion & Fitness and/or Club Automation, Inc. of any changes to Member's e-mail 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 Midway Motion & Fitness and/or Club Automation, Inc. to access, view, and receive the Documents electronically, Member agrees and acknowledges that they 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 if Member desires to print any electronic documents. Member acknowledges that they may also need a certain brand or device that can support applications intended for Member's electronic mobile device, 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 Midway Motion & Fitness or Club Automation, 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 Midway Motion & Fitness and/or Club Automation, Inc.

MEMBERSHIP TYPES

MONTH TO MONTH AGREEMENT: The member agrees to make the Scheduled Payments according to the terms set forth by this agreement. This agreement may be cancelled at any time with a 30 day notice either in writing or documented by a Midway Motion & Fitness employee, after the first 30 days of membership is completed. The member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel.

PAID IN FULL or NON-RENEWAL: This is a non-transferrable membership that expires on the date listed on the agreement.

DEFAULT AND LATE PAYMENTS

Should you default on any payment obligations as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay the allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payments due under this agreement is more than ten days late. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the member is paying monthly dues by electronic funds transfer (EFT), the club's billing company, Club Automation, reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to applicable State and Federal law.

Liability Waiver: The club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class. All exercises, training and/or instruction, including the use of weights and use of any and all machinery, equipment and apparatus designed for exercise shall be at the member's sole risk. Member understands that the agreement to use, or selection of exercise programs, methods, and types of equipment shall be member's entire responsibility, and the club shall not be liable for any claims, demands, injuries, damages, or actions arising due to injury to member's person of the services, facilities, and premises of the club. Member hereby holds the club, its officers, owners, agents, and employees harmless from all claims which may be brought against them by the member or on member's behalf for any such injuries or claims.

Efective Date 08/03/2026

Midway Motion & Fitness respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how Midway Motion & Fitness collects, accesses, uses, stores, protects, retains, and shares information through:

- The Midway Motion & Fitness mobile application, referred to in this policy as the “App”
- The Midway Motion & Fitness website
- Our membership, class-registration, facility-access, and related services

This Privacy Policy applies specifically to the Midway Motion & Fitness mobile app, including the Android application identified as com.daxko.club.automation.midway.

By using the App or our related services, you acknowledge the practices described in this Privacy Policy.

1. Information We Collect

Depending on the features you use, we may collect or access the following information.

Account and contact information

We may collect information provided when your membership or App account is created or managed, including:

- Name
- Email address
- Telephone number
- Mailing address
- Date of birth, when needed to administer a membership
- Membership identification number
- Username or other account identifier
- Account and communication preferences

Membership and facility-access information

We may collect information needed to provide and administer your membership, including:

- Membership type and status
- Facility check-ins
- Access-card or membership-barcode information
- Membership eligibility information
- Insurance-sponsored fitness program eligibility, when applicable
- Records relating to activation, suspension, cancellation, or renewal of a membership

Fitness class and event participation information

The App may collect and maintain information about fitness classes, appointments, programs, or events in which you participate. This may include:

- Class registrations
- Waitlist status
- Class cancellations
- Attendance records
- Appointment information
- The date and time of participation

We use this information to manage registrations, track participant attendance, administer programs, and ensure that class and facility capacity requirements are followed.

*Location data

The App collects or accesses location data only after you grant permission through your device.

This may include background location access to support a core App feature that detects when you are near a Midway Motion & Fitness facility. When you are near a participating facility, the App may prompt you to access your membership or access-card barcode for a more convenient check-in experience.

Location data used for this feature is processed on your device to trigger relevant notifications. Midway Motion & Fitness does not use this feature to create a record of your movements.

Location data used for proximity notifications:

- Is not stored by the App
- Is not stored on Midway Motion & Fitness servers
- Is not shared with third parties for advertising or tracking
- Is not sold

You may manage, limit, or disable location access at any time through your mobile device’s settings. Disabling location access may prevent proximity-based check-in notifications from functioning, but it will not prevent you from using other available App features.

*Device and technical information

The App and its service providers may automatically process limited technical information necessary to operate, secure, maintain, and troubleshoot the App, including:

- Device type and operating-system version
- App version
- Device or application identifiers
- Login activity
- Error, crash, and diagnostic information
- App performance and feature-usage information
- Internet Protocol address
- Date and time of App activity

This information may be used to maintain security, prevent unauthorized access, correct technical problems, and improve App performance.

*Communications

When you contact us, we may collect the information contained in your message, including your name, contact information, question, request, or other information you choose to provide.

*Payment information

When payment functionality is available, payment information may be processed by an authorized payment processor or membership-management provider. Midway Motion & Fitness may receive transaction details such as the payment amount, transaction date, payment status, and limited payment-method information.

Midway Motion & Fitness does not intentionally store complete credit-card numbers or bank-account credentials within the App.

2. How We Use Information

We may use information collected through the App and our related services to:

- Create, authenticate, and manage user accounts
- Administer memberships
- Confirm membership or insurance-program eligibility
- Provide facility access and membership barcodes
- Process class and event registrations
- Manage waitlists, cancellations, appointments, and attendance
- Monitor class and facility capacity
- Provide proximity-based check-in notifications
- Communicate about memberships, schedules, closures, programs, and account matters
- Respond to questions, requests, and customer-service inquiries
- Process payments and maintain transaction records
- Maintain and improve the App
- Diagnose technical problems
- Protect the security of the App, our facilities, members, and staff
- Prevent fraud, misuse, unauthorized access, and other prohibited activity
- Meet legal, accounting, insurance, safety, and regulatory obligations
- Enforce our agreements and policies

We do not use precise location information for targeted advertising.

3. How We Share Information

We do not sell your personal information.

We may disclose information in the following circumstances.

*Service providers

We may provide information to companies that perform services on our behalf, including:

- Club Automation and Daxko
- Mobile-app hosting and technology providers
- Membership-management providers
- Payment processors
- Email, text-message, and notification providers
- Information-technology and security providers
- Analytics, diagnostic, and crash-reporting providers
- Professional advisers, including accountants, insurers, and legal advisers

These providers may access information only as reasonably necessary to perform services for Midway Motion & Fitness or as otherwise permitted by law. They are expected to use appropriate privacy and security protections.

Insurance-sponsored membership programs.

When your membership is provided or subsidized through a health-insurance plan, employer program, SilverSneakers, Renew Active, or another fitness-benefit provider, we may share information necessary to verify eligibility, confirm participation, document facility visits, or receive reimbursement.

This information may include your name, program identifier, membership status, and check-in or attendance information.

Legal and safety purposes

We may disclose information when we reasonably believe disclosure is necessary to:

- Comply with a law, subpoena, court order, or governmental request
- Protect the rights, property, or safety of Midway Motion & Fitness, our members, our staff, or others
- Investigate suspected fraud, security incidents, or violations of our policies
- Establish, exercise, or defend legal claims

Business transfers

Information may be transferred as part of a merger, sale, financing, reorganization, acquisition, or transfer of all or part of Midway Motion & Fitness. Any successor will be required to handle personal information consistently with applicable law.

4. Data Retention

We retain personal information only for as long as reasonably necessary to provide our services and fulfill the purposes described in this Privacy Policy.

Our general retention practices are as follows:

- Account and membership information: Retained while your membership or account is active and for up to seven years after it ends when needed for business, accounting, insurance, dispute-resolution, or legal purposes.
- Payment and transaction records: Retained for up to seven years or for the period required by applicable tax, accounting, payment-processing, or legal requirements.
- Class, appointment, check-in, and attendance records: Retained while needed to administer memberships, confirm program participation, process reimbursement, address disputes, maintain safety records, and meet contractual or legal obligations. These records may be retained for up to seven years.
- Customer-service communications: Normally retained for up to three years after the matter is resolved, unless a longer period is necessary for an active membership, dispute, or legal obligation.
- Technical, security, and diagnostic records: Normally retained for up to two years, unless a longer period is necessary to investigate fraud, security incidents, technical problems, or legal claims.
- Location data used for proximity notifications: Processed on the user’s device and not retained by Midway

Motion & Fitness or stored on our servers.

We may retain information longer when required by law, necessary to complete a transaction, needed to resolve a dispute, required by an insurance or fitness-benefit program, or necessary to establish or defend legal rights.

When information is no longer reasonably necessary, we will delete it, de-identify it, or securely dispose of it.

5. Account and Data Deletion Requests

You may request deletion of your App account and personal information by contacting Midway Motion & Fitness using the contact information listed below.

Your request should include:

- Your full name
- The email address or telephone number associated with your account
- A statement that you are requesting deletion of your Midway Motion & Fitness App account and associated personal information

We may need to verify your identity before completing a deletion request.

After verification, we will delete or de-identify information associated with your account unless we must retain certain information for a legitimate business or legal reason. Information that may need to be retained includes:

- Payment and transaction records
- Insurance or fitness-benefit reimbursement records
- Records needed to prevent fraud or unauthorized access
- Records required by tax, accounting, insurance, contractual, or legal obligations
- Information needed to establish, exercise, or defend legal claims

Deleting an App account may not automatically terminate an active gym membership, payment obligation, or separate membership agreement. To cancel a membership, you must follow the cancellation procedures contained in your membership agreement or contact Midway Motion & Fitness directly.

Where an account-deletion option is available within the App, you may also initiate your request through that feature.

6. Your Choices and Controls

You may have the following choices regarding your information.

*Location permission

You may enable, limit, or disable location access through your device settings. You may choose options such as precise or approximate location, access only while using the App, background access, or no access, depending on your device.

*Notifications

You may manage push notifications through the App or your device settings. Disabling notifications may prevent you from receiving proximity check-in prompts, class reminders, schedule changes, or other alerts.

* Account information

You may review or update certain account information through the App or by contacting Midway Motion & Fitness.

*Communications

You may opt out of promotional email or text messages by following the instructions included in the communication. We may still send non-promotional messages concerning your account, membership, transactions, safety, facility access, or important service changes.

*Withdrawing consent

When processing depends on your permission or consent, you may withdraw that permission through your device settings, App settings, or by contacting us. Withdrawal will not affect processing that occurred before consent was withdrawn.

7. Data Security

Midway Motion & Fitness and its service providers use reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, loss, misuse, alteration, or disclosure.

These safeguards may include:

- Access controls
- User authentication
- Secure network and hosting practices
- Encryption during transmission when supported
- Restricted employee and service-provider access
- Security monitoring
- Software maintenance and updates
- Procedures for responding to suspected security incidents

No method of electronic transmission or storage is completely secure. Therefore, we cannot guarantee absolute security.

You are responsible for keeping your account credentials confidential and for notifying us if you believe your account has been accessed without authorization.

8. Children’s Privacy

The App and our general membership services are not directed to children under 13 for independent use.

A parent or legal guardian may create or manage information associated with a minor’s membership, class registration, program participation, or facility use. When information about a minor is provided, it should be submitted only by the minor’s parent, legal guardian, or another person authorized to provide it.

We do not knowingly collect personal information directly through the App from a child under 13 without appropriate parental authorization. A parent or guardian who believes a child provided information without proper authorization should contact us so that we can review and, when appropriate, delete the information.

9. Health and Fitness Information

The App may maintain class participation, appointment, attendance, or fitness-program information. This information is used to administer services and is not intended to constitute medical advice, diagnosis, or treatment.

Unless a particular program expressly provides otherwise, Midway Motion & Fitness is not a healthcare provider, and the App is not intended to maintain electronic medical records.

Please do not submit sensitive medical information through general App messages or contact forms unless Midway Motion & Fitness specifically requests it through an appropriate process.

10. Third-Party Services and Links

The App or website may include integrations or links to services operated by other organizations. These services may have their own privacy policies and data-handling practices.

Midway Motion & Fitness is not responsible for the privacy practices of an independent third-party website or service. We encourage you to review the privacy policy of any third-party service you use.

Club Automation, Daxko, app-store operators, device manufacturers, payment providers, insurance-sponsored fitness programs, and other service providers may process information under their own terms and privacy policies.

11. International Availability

This Privacy Policy is published on a public webpage intended to be available globally without requiring users to create an account, sign in, or navigate through additional webpages.

The Midway Motion & Fitness App and services are primarily intended for users in the United States. Information may be processed and stored in the United States, where privacy laws may differ from those in other jurisdictions.

12. Changes to This Privacy Policy

We may update this Privacy Policy periodically to reflect changes in:

- Our App or services
- Our data-handling practices
- Technology
- Legal or regulatory requirements
- Our service providers

When we update the policy, we will revise the effective date displayed at the top of this page. When required, we may also provide notice through the App, our website, email, or another appropriate method.

Your continued use of the App after an updated policy becomes effective constitutes acknowledgment of the updated policy, to the extent permitted by law.

13. Contact Us

Questions, privacy requests, correction requests, and account or data-deletion requests may be sent to:

Midway Motion & Fitness
34823 Derrickson Dr, Rehoboth Beach, DE 19971

Email: Miguel@midwayfitness.com

Telephone: (302) 645-0407

Please use the subject line “Privacy Request” or “Account Deletion Request” so that we can direct your request appropriately.