24 Hour Fitness: New Member Rewards Program Rules

(As of December 1, 2008)

ELIGIBILITY
1. To be eligible for the New Member Rewards program, you must meet all of the following requirements:
  - Be within your first 6 months as a 24 Hour Fitness member.
  - Be a current 24 Hour Fitness member with a monthly, prepaid or 1+ year limited term membership. The following types of members are excluded from this program: guest members, trial or complimentary members, limited term members with memberships less than 1 year, employee members, and family members who are part of employee memberships.
  - Possess an individually identifiable membership account number.
  - Be 18 years or older at the start of your 24 Hour Fitness membership.
  - Be a 24 Hour Fitness member in good standing.
2. People meeting all of the foregoing requirements are "Eligible Members".
3. Employees of 24 Hour Fitness and its affiliates are not eligible to participate in the Program.
PROGRAM COMMENCEMENT DATE / ENROLLMENT
1. The Program will commence at 12:01a.m. PST on December 1, 2008 (the "Commencement Date").
2. To enroll in the Program, a Member needs a valid email address and must agree to register his/her membership ID number to track participation online. The member will need to visit 24hourfitness.com/rewards to activate his/her account. The Member will be asked to provide his/her member ID and email address. After activation, the Member will receive a username and password by email. The username and password will be used to gain access to Program account and medal balance in the future.
MEDAL ACCRUALS
1. An "Enrollee" is defined as any Member who enrolls in the Program.
2. A Member who joins 24 Hour Fitness may not be able to activate his/her New Member Rewards program account for up to 48 hours after membership enrollment date due to agreement processing time. Medals will be earned for all program related transactions after activation. An Enrollee needs to allow up to 24 hours from time of such transactions for the corresponding medal to be credited to his/her account. The Enrollee must activate his/her account to participate in this program.
3. An Enrollee can earn varying levels of medals. Visit the frequently asked questions page or just click here to find more information on the medals.
4. An Enrollee will be credited for any medals earned up to the start date of his/her 24 Hour Fitness membership on 24hourfitness.com/rewards, provided such medals are earned after December 1, 2008 (program commencement date).
5. Medals are non-transferable for any reason.
6. Some medals are earned on a monthly basis. An example of a month is if an Enrollee's 24 Hour fitness membership start date is March 18th, the first month ends on April 17th. If the Enrollee is working on the club visit medal, he/she needs to visit the club at least 4 times on different days between March 18th and April 17th to earn their club visit medal for that month.
7. All medals must be earned during the first 6 months after the Enrollee joins 24 Hour Fitness ("6 month Reward Period"). The exact dates can be found when the Enrollee logs into his/her new member rewards account.
8. In the event 24 Hour Fitness suspects any Enrollee or any other party of fraud or abuse related to the Program or accrual of medals or suspects any Enrollee of misusing the Program, 24 Hour Fitness, in its sole and absolute discretion, may terminate the account and cause the Enrollee to forfeit all medals in his/her account.
EXPIRATION DATE / REDEMPTION OF MEDALS
1. The Program will end for all Enrollees as of 11:59 PM PST on last day of the 6 month Reward Period. After such time; the Enrollee can no longer earn medals and cannot activate his/her account. The Enrollee will then have 60 days at the end of the 6 month Reward Period to redeem any earned medals. All unused medals will be forfeited after that time. The exact dates can be found when the Enrollee logs into his/her new member rewards account.
2. To redeem medals earned, an Enrollee must log into his/her account through the Program website and go to the reward section. Then, they will need to follow the instructions on the website.
3. Program medals and certificates do not have any cash value. No cash will be refunded at the expiration of the Program.
4. To redeem their medals, an Enrollee's membership must be in good standing and active on the last day of the 6 month Reward Period. If an Enrollee has cancelled their 24 Hour Fitness membership prior to or it is not in good standing at the end of the 6 month Reward Period, he/she will not be eligible to redeem any earned medals.
PROGRAM TRACKING
1. The Program will be managed online. In order to participate in the Program, check medal balances or redeem rewards, each Enrollee must activate his/her account at 24hourfitness.com/rewards.
2. Customer service issues pertaining to the Program will be addressed via email posted at 24hourfitness.com/rewards. In-club staff and member services personnel will not be able to address any medal status or reward redemption questions.
3. 24 Hour Fitness, at its sole discretion, reserves the right at any time to change the Program's Rules, terms, conditions and limitations, or to cancel the Program entirely without prior notification. If 24 Hour Fitness cancels the Program, remaining medal balances will be forfeited.

Terms &Conditions

By becoming enrolled in the New Member Rewards Program you accept the following guidelines regarding use of and participation in the Program:

Description of the Program

The New Member Rewards Points Program, working in conjunction with 24 Hour Fitness USA Inc. ("24 Hour Fitness"), allows for the registered user to accumulate medals through activities determined by 24 Hour Fitness. Medals accumulated in the New Member Rewards Program are non-transferable to other users or accounts and have no cash or monetary value unless explicitly stated otherwise by 24 Hour Fitness. The New Member Rewards Program is open to 24 Hour Fitness approved members aged 18 and older at the start of their 24 Hour Fitness membership and within the first 6 months of their 24 Hour Fitness membership. (Please refer to the programs rule at the top of this web page for specific eligibility requirements.)

Reservation of Rights

The New Member Rewards Program and all benefits hereunder are offered at the discretion of Incentive Logic Inc. and 24 Hour Fitness (collectively, sponsors; individually, sponsor). Each sponsor has the right to modify or discontinue, temporarily or permanently, the New Member Rewards Program, including the medal levels, in part or in their entirety for any reason, at the sole discretion of each sponsor, with or without user notice. Among other things, each sponsor may withdraw, limit, modify, or cancel any redeemable merchandise; increase the medals required for any unspecified reward; modify or regulate the transferability of merchandise or other benefits as stipulated by each sponsor. You agree that the sponsors will not be liable to you or any third-party for any modification or discontinuance of the New Member Rewards Program. Although every effort has been made to ensure that the information in this document is accurate, we are not responsible for typographical errors or omissions.

User Account, Password, and Security

Upon completion of the necessary requirements as specified by the sponsors for participating in the New Member Rewards Program, the user will need to register. Once registered, the user will receive a password for the New Member Rewards Program website via email. In addition to these Guidelines, your use of the New Member Rewards Program is subject to any previous agreements that exist with the sponsors. The user is responsible for maintaining the confidentiality of the username and password issued, and for any and all activities that occur under said username and password. If your New Member Rewards account is terminated by yourself or by the sponsors, for whatever reason, all earned medals will be forfeited. You agree to immediately notify the sponsors of any unauthorized use of your account, any other breach of security known to you, or any change in your email address.

Medal Registration

In consideration of your use of the New Member Rewards Program, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the New Member Rewards Program Registration form, and (b) maintain and promptly update the user registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the sponsors have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the sponsors have the right to terminate your account and refuse any and all current or future access to, or use of the New Member Rewards Program. Each Program account is limited to one individual user, and each user is limited to one email address. Participation in the New Member Rewards Program is subject to all applicable ordinances, statutes, and laws. You can review your earned medals, the Guidelines, and your redemption options at 24hourfitness.com/rewards.

Privacy Policy

The user acknowledges and agrees that the sponsors will disclose certain personal information provided by the user as part of the registration process to third parties as needed for the delivery of merchandise redeemed with medals, to the location specified by the user. Such third parties will strictly adhere to each sponsor's Privacy Policy, agreeing to maintain the confidentiality and protection of your personal information at all times during and after providing service. All information you provide to the sponsors under the New Member Rewards Program will be shared amongst the sponsors, but will be subject to the protections set forth in the Incentive Logic Inc.'s privacy policy and 24 Hour Fitness' privacy policy.

Medal Accumulation

Medals are earned by the successful completion of the requirements specified by the sponsors. The amount of compensation allocated in medals to the user at the New Member Rewards Program website is solely at the discretion of the sponsors. Medals can be earned only for activity actually taken and completed by you, and can only be applied to your account. The sponsors will use reasonable efforts to allocate earned medals to each user's account. However, you are responsible for ensuring that your medals are properly credited. If you believe that a medal has been earned but not credited, or in cases where the sponsors deem verification is required, Incentive Logic Inc. will only act as a facilitator between you and 24 Hour Fitness. The final decision regarding medal balance disputes is up to 24 Hour Fitness and is subject to any guidelines or requirements that they have set forth. Medals will be maintained in your account until you have completed your first 6 months of membership at 24 Hour Fitness. At which time, if your 24 Hour Fitness membership is active and in good standings, the medals can be redeemed for merchandise or until they expire or are forfeited, which ever occurs first. Please see the web site for your exact dates. 24 Hour Fitness is responsible for determining the expiration date on medals posted to your account.

Non-Transferability

All medals are non-transferable and void if transferred. Medals have absolutely no cash or monetary value. In the event of a user's death, the user's account will be immediately terminated. Medals and/or redeemed merchandise are not to be bartered or sold. New Member Reward accounts are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. If a differing position on transferability is set forth by 24 Hour Fitness, those guidelines will supersede the ones stated in these Guidelines.

Merchandise

Medals are redeemable for merchandise after your first 6 months with 24 Hour Fitness, provided that your New Member Rewards account is active and in good standing. Merchandise is selected from an Incentive Logic Inc. GiftFolio. The value of the GiftFolio cannot exceed that of the amount of medals earned. Making a selection from a GiftFolio of a lesser value is permitted, and any unused medals will remain in the user's New Member Rewards Account until redeemed or until they expire. Medals will be immediately subtracted from the user's account upon merchandise selection. Medals earned in two or more different New Member Reward accounts cannot be combined for any reason including for the redemption of any merchandise. Some merchandise has limited availability. All items are subject to availability and other terms and conditions as stated at www.incentivelogic.com. Merchandise can only be shipped to locations approved by the Export Administration Regulations of the United States Department of Commerce. Neither redeemed prizes nor unredeemed medals are transferable for cash.

Fraud

The sponsors shall be the sole determiners in cases of suspected abuse, fraud, or violation of the New Member Rewards Rules and Terms & Conditions. Any decision made shall be final and binding. Fraud or abuse relating to earning medals or redemption of merchandise may result in forfeiture of earned medals as well as the termination of your New Member Rewards account. You are solely responsible for any fraudulent use of your medals due to the theft or the sharing of your password. The New Member Rewards Program is a service provided to an individual user, not to a group of multiple users or to a company. IT IS CONSIDERED FRAUDULENT AND ABUSIVE FOR ANY INDIVIDUAL OR COMPANY TO DIRECT, ENCOURAGE, OR ALLOW INDIVIDUALS TO USE A SINGLE NEW MEMBER REWARDS ACCOUNT FOR THE PURPOSE OF ACCUMULATING MEDALS FOR MULTIPLE USER OR COMPANY USE.

Disclaimer of Warranties

All materials, information, software, products, and services included in or available through the New Member Rewards program or this site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The sponsors or licensors do not warrant that the content is accurate, reliable, or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation of Liability, Indemnity and Release

UNDER NO CIRCUMSTANCES SHALL INCENTIVE LOGIC INC. OR 24 HOUR FITNESS BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE THE NEW MEMBER REWARDS PROGRAM OR ANY OTHER PROVISION OF THE SITE. You accept all responsibility for, and hereby indemnify and hold harmless Incentive Logic Inc. and 24 Hour Fitness from and against any actions taken by any user authorized to use your account, including but not limited to the earning of medals, redemption of medals, and disclosure of passwords to third parties. By utilizing the New Member Rewards Program you release Incentive Logic Inc., and 24 Hour Fitness, their providers, and all their affiliates, officers, directors, and employees from any and all liability regarding the redemption of medals, use of merchandise, and any other activity arising from participation in the New Member Rewards Program.

Intellectual Property Rights

The Content of the New Member Rewards Program and the Incentive Logic Inc. websites are intended for the personal, noncommercial use by authorized users. Content is defined herewith as the creative material, text and images contained in the websites. 24 Hour Fitness retains all right, title and interest to the Content (collectively referred to as the "24 Hour Fitness Intellectual Property"). Incentive Logic Inc. retains all right, title and interest (including, without limitation, all patents, copyright trademarks, and other intellectual property rights embodied therein) to the terms Incentive Logic Inc. and GiftFolio, and any phrase or logo incorporating the above mentioned terms (collectively referred to as the "Incentive Logic Inc. Intellectual Property"). All rights reserved. The user agrees not to display or use any Incentive Logic Inc. Intellectual Property or 24 Hour Fitness Intellectual Property except as authorized by these Guidelines. All other trademarks and or copyrights appearing in the Content are the property of Incentive Logic Inc., 24 Hour Fitness or their respective owners, and unless otherwise stated, Incentive Logic Inc., 24 Hour Fitness and the respective owners of said intellectual property are not affiliated. Except as expressly authorized by Incentive Logic Inc. and 24 Hour Fitness, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such intellectual property materials or content. Use of the program content, 24 Hour Fitness Intellectual Property, Incentive Logic Inc. Intellectual Property or other materials prepared for or written by sponsors, for any purpose not expressly permitted in these Guidelines is prohibited.

Choice of Law and Forum

These Guidelines shall be governed by and construed in accordance with the laws of the state of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Guidelines, your participation in the New Member Rewards Program, or your use of this site, shall be the state or federal courts located in the state of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.