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From: ***@fitandfearless.com To: [redacted] @gmail.com Subject: Fit and Fearless Membership Contract Date: Mon, Mar 15:41:-[redacted] I have attached a copy of your Membership AgreementPlease direct your attention to the middle of the contract, it reads: Initial Membership Term: Begins 08/01/ Length: months Renewal Terms: At the end of the Initial Membership Term, this Agreement will automatically renew on a month-to-month basis with fees due at the rate of $ per monthBuyers Initials: Your Initials While it is true that the initial contract was for months, you agreed to the renewal terms as indicated by your initialsThis explains why you were billed on 02/28/when your contract renewed If you'd like to terminate your contract, I will take your call today as your days notice to cancelYou may read more about terminating the contract on the attached document The purpose of a contract to avoid any uncertainty on behalf of either partyPlease let me know if you have additional questions Respectfully, [redacted] , Fit & Fearless Operations Manager 03/02/2015, The student called about a 02/28/bill on his accountI explained the auto renewal to him and told him I would pull his contract to see if he signed itI told the student I would follow up with him and send a copy of the contractI explained to him, if we made an error I would credit the membership fee, if not, it would stand 03/02/2015, I have attached a copy of your Membership AgreementPlease direct your attention to the middle of the contract, it reads: Initial Membership Term: Begins 08/01/Length: months Renewal Terms: At the end of the Initial Membership Term, this Agreement will automatically renew on a month-to-month basis with fees due at the rate of $ per monthBuyers Initials: Your InitialsWhile it is true that the initial contract was for months, you agreed to the renewal terms as indicated by your initialsThis explains why you were billed on 02/28/when your contract renewedIf you'd like to terminate your contract, I will take your call today as your days notice to cancelYou may read more about terminating the contract on the attached documentThe purpose of a contract to avoid any uncertainty on behalf of either partyPlease let me know if you have additional questions 03/02/2015, I spoke o the student after I sent him his contractHe refutes the charge for 02/28/He disagrees with the auto-renewalI explained my role is to enforce the contract that he agreed toI also explained that he could refute the charge with his credit card company if he felt that it was unauthorizedI explained that process to himThe student was upset as evidenced by his talking over me and repeated requests to waive the $billThe student inquired about being bill on the 28th when all his previous bills were on the 1st of the monthI begin to look into that for him but he hung up on me before I could dig into the system to figure out what occurredBefore he hung up I told him I would call the database developer and get answers if need be 03/02/2015, I called [redacted] , our database developer, to figure out what occurred with the billingI spoke with [redacted] at Zen Planner [redacted] determine that the student's billing date was sent to bill on the last day of the month on his original contractHe signed up on July 31, Staff manually set the billing date to the 1st of the monthWhen the contract renewed on January 31, it defaulted to the original setting for a billing date on the last day of the month 03/03/2015, the student sent an email that stated in part, "This is a formal notice that I am no longer interested in being a member of Austin Fit and FearlessNo further charges should be billed against my account." 03/03/2015, I responded to the student: Mr [redacted] I am in receipt of your email and your days notice to terminate your contract with Fit & FearlessI have processed your request and deleted your payment information from our databaseThank you for your business Please see the attached contract that has been referenced aboveWe did not make an error in billing this student and as such the $has not been refunded to the studentThe auto-renewal explicitly requires the student to initial their agreementMoreover, the contact requires a signature on the bottom to indicate that the student has read and understood the contract termsLastly, the contract clearly spells out that the student has three days to change their mind and terminate the agreement at no cost to themThis is printed on the front of the contract We are a small business that takes great pride in providing excellent service to the communityTo that end, we have an easy to read, straightforward contractOur staff is available to assist our students in person, via phone, email and text messageWe go to great lengths to ensure that our students have a positive experience at Fit & Fearless In the case of Mr [redacted] I personally responded to himI provided him with a copy of his contract, I immediately sought an explanation for his billing questions and I promptly and kindly responded to his request to terminate his contractThe foregoing actions were done consistent with the contract signed by Mr [redacted] Respectfully, [redacted] Fit & Fearless Operations Manager

From: [redacted]@fitandfearless.com To: [redacted]@gmail.com Subject: Fit and Fearless Membership Contract Date: Mon, 2 Mar 2015 15:41:32 -0600[redacted]  I have attached a copy of your Membership Agreement. Please direct your attention to the middle of the contract, it reads: Initial...

Membership Term: Begins  08/01/2014    Length:  6 months Renewal Terms: At the end of the Initial Membership Term, this Agreement will automatically renew on a month-to-month basis with fees due at the rate of $ 79.99 per month. Buyers Initials:  Your Initials While it is true that the initial contract was for 6 months, you agreed to the renewal terms as indicated by your initials. This explains why you were billed on 02/28/2015 when your contract renewed.  If you'd like to terminate your contract, I will take your call today as your 30 days notice to cancel. You may read more about terminating the contract on the attached document.  The purpose of a contract to avoid any uncertainty on behalf of either party. Please let me know if you have additional questions.  Respectfully,  [redacted], Fit & Fearless Operations Manager 03/02/2015, The student called about a 02/28/2015 bill on his account. I explained the auto renewal to him and told him I would pull his contract to see if he signed it. I told the student I would follow up with him and send a copy of the contract. I explained to him, if we made an error  I would credit the membership fee, if not, it would stand.    03/02/2015, I have attached a copy of your Membership Agreement. Please direct your attention to the middle of the contract, it reads: Initial Membership Term: Begins 08/01/2014 Length: 6 months Renewal Terms: At the end of the Initial Membership Term, this Agreement will automatically renew on a month-to-month basis with fees due at the rate of $ 79.99 per month. Buyers Initials: Your Initials. While it is true that the initial contract was for 6 months, you agreed to the renewal terms as indicated by your initials. This explains why you were billed on 02/28/2015 when your contract renewed. If you'd like to terminate your contract, I will take your call today as your 30 days notice to cancel. You may read more about terminating the contract on the attached document. The purpose of a contract to avoid any uncertainty on behalf of either party. Please let me know if you have additional questions.  03/02/2015, I spoke o the student after I sent him his contract. He refutes the charge for 02/28/2015. He disagrees with the auto-renewal. I explained my role is to enforce the contract that he agreed to. I also explained that he could refute the charge with his credit card company if he felt that it was unauthorized. I explained that process to him. The student was upset as evidenced by his talking over me and repeated requests to waive the $79.99 bill. The student inquired about being bill on the 28th when all his previous bills were on the 1st of the month. I begin to look into that for him but he hung up on me before I could dig into the system to figure out what occurred. Before he hung up I told him I would call the database developer and get answers if need be.  03/02/2015, I called [redacted], our database developer, to figure out what occurred with the billing. I spoke with [redacted] at Zen Planner. [redacted] determine that the student's billing date was sent to bill on the last day of the month on his original contract. He signed up on July 31, 2014. Staff manually set the billing date to the 1st of the month. When the contract renewed on January 31, 2015 it defaulted to the original setting for a billing date on the last day of the month.    03/03/2015, the student sent an email that stated in part, "This is a formal notice that I am no longer interested in being a member of Austin Fit and Fearless. No further charges should be billed against my account."   03/03/2015, I responded to the student: Mr. [redacted] I am in receipt of your email and your 30 days notice to terminate your contract with Fit & Fearless. I have processed your request and deleted your payment information from our database. Thank you for your business.   Please see the attached contract that has been referenced above. We did not make an error in billing this student and as such the $79.99 has not been refunded to the student. The auto-renewal explicitly requires the student to initial their agreement. Moreover, the contact requires a signature on the bottom to indicate that the student has read and understood the contract terms. Lastly, the contract clearly spells out that the student has three days to change their mind and terminate the agreement at no cost to them. This is printed on the front of the contract.   We are a small business that takes great pride in providing excellent service to the community. To that end, we have an easy to read, straightforward contract. Our staff is available to assist our students in person, via phone, email and text message. We go to great lengths to ensure that our students have a positive experience at Fit & Fearless.   In the case of Mr. [redacted] I personally responded to him. I provided him with a copy of his contract, I immediately sought an explanation for his billing questions and I promptly and kindly responded to his request to terminate his contract. The foregoing actions were done consistent with the contract signed by Mr. [redacted].  Respectfully,  [redacted] Fit & Fearless Operations Manager