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PROMOTION TERMS

You hereby agree that your entry into this Xponential Fitness promotion (the “Promotion”) is subject to these Promotion Terms and Conditions (these “Terms and Conditions”).

THE promotion IS A LIMITED TIME OFFER AND ONLY WHILE SUPPLIES LAST. PROMOTION BEGINS ON February 10 2023 AT 12:00 A.M. EASTERN TIME (“ET”) AND ENDS ON April 12 2023 AT 11:59 P.M. ET (THE “PROMOTION PERIOD”). Promotion void where prohibited. The Promotion is open to legal U.S. residents currently residing in the 50 United States (including the District of Columbia) who are the age of majority or older as of the date of entry and who are then first-time members of an Xponential Fitness Franchise (as defined below). Promotion limited to one per entrant and account. Promotion is non-transferable. Promotion may not be combined with other promotions or offers. Xponential Fitness LLC (“Xponential Fitness”) reserves the right to modify or cancel the Promotion at any time to the extent permitted by applicable law. For purposes of these Terms and Conditions, “Xponential Fitness Franchises” means, collectively, Club Pilates, CycleBar, StretchLab, Rumble, Body Fit Training, Pure Barre, YogaSix, Row House, STRIDE Fitness, and AKT studios that are owned directly by Xponential Fitness (i.e., studios that are franchised by third-party franchisees are not included).

During the Promotion Period, you must follow the entry instructions for the Promotion set forth in this paragraph in order to be eligible to receive a refund of your first month membership dues (the “Money Back Guarantee”); provided, you comply with these Terms and Conditions. During the Promotion Period, if you (i) purchase a membership with a Xponential Fitness Franchise as a first-time Xponential Fitness member, (ii) using such membership, complete at least eight (8) classes at the studio where your membership was purchased (your, “Home Studio”) within the first month of your membership start date, (iii) cancel your membership account (standard membership cancellation policies apply as stated in your applicable membership agreement for your Home Studio) within the first month of your membership start date, and (iv) following such cancellation, submit a written refund request to your Home Studio within the first month of your membership start date (the “Refund Request”), you will be eligible to receive the Money Back Guarantee (i.e., a full refund of your first month membership dues previously paid by you), to be paid by Xponential Fitness (or your Home Studio) to you within sixty (60) days of the effective date of the Refund Request; provided that such Money Back Guarantee shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, these Terms and Conditions. Fees associated with wearables or other retail sales are not refundable. Additional terms and conditions may apply (including, without limitation, applicable standard membership policies). Promotion available at participating studios only. Promotion good while supplies last. If purchase or action is required to enter the Promotion, you are only eligible to participate in the Promotion if you purchase, or take such action, within the Promotion Period. By entering the Promotion, you (a) confirm your acceptance of the Promotion advertised and (b) accept and agree to these Terms and Conditions.

Any and all applicable federal, state and local taxes and all fees and expenses related to acceptance and use of the Promotion benefits or proceeds are your responsibility unless otherwise specified. If Promotion benefits or proceeds are provided by a third party, you acknowledge and agree that (i) additional terms and conditions from such third party may apply; (ii) complaints, claims, concerns or questions regarding such Promotion benefits or proceeds should be directed to such third party; and (iii) Xponential Fitness shall have no responsibility or liability for any Promotion benefits or proceeds provided by, or to be provided by, such third party.

You acknowledge and agree that in order to participate in the Promotion you will be required to share certain personal information with Xponential Fitness and, in the event Promotion benefits or proceeds are provided by a third party, you may be required to share certain personal information with such third party. Any information you provide in connection with the Promotion must be correct, current and complete. Information collected by Xponential Fitness from you is subject to the Xponential Fitness Privacy Policy (which can be found at https://www.xponential.com/privacy-policy). Any information, including personal information, that you provide directly to a third party in connection with the Promotion or is collected by such third party, and the handling of that information by such third party, shall be subject to such third party’s privacy policy. You acknowledge and agree that Xponential Fitness is not responsible for any such third party’s handling of your personal information.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR PARTICIPATION IN THE PROMOTION IS SOLELY AT YOUR OWN RISK. XPONENTIAL FITNESS DOES NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE PROMOTION (INCLUDING, without limitation, WITH RESPECT TO ANY MONEY BACK GUARANTEE OR any Promotion benefits or proceeds). INDIVIDUAL RESULTS MAY VARY, AND YOU MAY NOT OBTAIN DESIRED RESULTS AFTER COMPLETING AT LEAST eight (8) classes. NEITHER XPONENTIAL FITNESS, NOR ITS EMPLOYEES, AGENTS, OR AFFILIATES, MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE RESULTS THAT MAY BE ACHIEVED FROM CLASS PARTICIPATION OR ANY INFORMATION AND/OR RELATED SERVICES PROVIDED. YOU ARE URGED TO ALWAYS CONSULT A MEDICAL PROFESSIONAL OR PHYSICIAN BEFORE PARTICIPATING IN ACTIVITY OR STARTING AN EXERCISE PROGRAM.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL XPONENTIAL FITNESS OR ANY OF ITS DIRECTORS, OFFICERS OR EMPLOYEES, OR THOSE OF XPONENTIAL FITNESS’ AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (HEREINAFTER, collectively, “ASSOCIATED ENTITIES”) BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR USE OF, OR INABILITY TO USE, ANY MONEY BACK GUARANTEE OR ANY Promotion benefits or proceeds. WITHOUT LIMITATION, NO LIABILITY SHALL ARISE FROM ANY LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE AND/OR OUR ASSOCIATED ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE MAXIMUM LIABILITY OF XPONENTIAL FITNESS SHALL NOT EXCEED, in aggregate, an amount equal to the first month membership dues previously paid by you.

The Promotion shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules. To the extent permitted by applicable law, you hereby agree that any and all disputes, claims and causes of action arising out of or connected with the Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the federal courts of the United States or state courts of the State of California in each case located in Orange County, California.