1. INSTANT CARD. Participant acknowledges and agrees that he/she has voluntarily agreed to have any Wages owed by Employer to Participant deposited onto Participant’s Instant Card, pursuant to the terms and conditions set forth in the Instant Financial Prepaid Visa Cardholder Agreement entered into by and between Participant and Sutton Bank Attica, Ohio (“Sutton Bank” or “Issuer”).

2. ELIGIBILITY. Participant acknowledges and agrees that Participant’s eligibility to request and obtain an EWA is subject to limitation, by Employer or Instant, if it is determined by Employer and/or Instant that there is a reasonable likelihood that Participant’s Accrued Net Wages may be insufficient to cover an EWA. Accrued Net Wages are defined as the amount of Participant’s Wages already earned by Participant but not yet paid to Participant by Employer as of the date of an EWA request, minus any withholdings or deductions that Employer may be required to make, including, without limitation (i) amounts subject to garnishment (including, but not limited to, garnishments relating to obligations for child support, student loans, or court judgments), (ii) tax withholdings, (iii) insurance premiums and other payments associated with employee benefits, and (iv) expense reimbursements related to Participant’s employment. Participant further agrees that Employer may, in its discretion, limit an EWA to 50% or less of Participant’s Accrued Gross Wages. Participant should refer to the Instant Financial Application (the “App”) to determine whether Participant is eligible to obtain an EWA during a particular pay period, and to determine the amount and date of any EWAs obtained, as well as any limits placed on the amount of an available EWA.

3. EARNED INCOME ACCESS AGREEMENT. Participant may request an EWA that is not to exceed the lesser of Participant’s Accrued Gross Wages or such lower amount as may be imposed under Section 2 above or pursuant to applicable law (the “EWA Amount”). At Participant’s request, Instant hereby agrees to provide to Participant the EWA Amount by loading the EWA Amount onto the Participant’s Instant Card. Pursuant to this Agreement, Participant may also request additional EWAs from Instant. All EWAs shall be governed by the terms of this Agreement and may be requested by Participant through the App for deposit onto the Participant’s Instant Card.

4. RECOVERY of EWA. This Agreement evidences the Participant’s obligation and promise to repay the EWA(s) made pursuant to this Agreement. The EWA(s) shall be repaid in the following manner:

For value received, Participant unconditionally authorizes Instant to recover the entire EWA Amount by authorizing Instant or its designee to make a lump-sum deduction from Participant’s Instant Card, immediately following the payment of Participant’s Wages by Employer, on the first scheduled pay day following the pay period during which the EWA is made (the “Repayment Date”). If an EWA Amount is not repaid to Instant by the Repayment Date, Participant authorizes Instant to recover any outstanding EWA Amount(s) from Participant’s Instant Card following each subsequent pay day until such amount is paid in full.

5. ADVANCE REPAYMENT. Participant may repay an EWA in advance of the Repayment Date, without any fees or penalties, by contacting Instant via email at info@instant.co.

6. FEES AND INTEREST. Instant shall not impose any fees, charges, or interest in connection with the EWA or any such future EWA(s) made to Participant pursuant to this Agreement or for Participant’s participation in the Instant Pay Program. Accordingly, the annual percentage rate (“APR”) for the EWA or any such future EWA is zero percent (0%). However, Participant’s use of the Instant Card may be subject to certain fees or charges as set forth in the Instant Financial Prepaid Visa Cardholder Agreement.

7. CONDITIONS. Participant hereby acknowledges that he/she has voluntarily consented to receive his/her Wages via the Instant Card, and further acknowledges that his/her choice to receive his/her Wages via the Instant Card was not an express or implied condition of Participant’s employment with Employer, unless permitted by applicable law. To the extent required by applicable law, Participant warrants that Employer presented Participant with one or more alternative options for receiving his/her Wages.

8. TERMINATION. This Agreement will terminate once Employer is no longer an Instant Pay Program Subscriber or once the Participant has received final earned wages from Employer. The parties may also terminate this Agreement at any time by providing reasonable written notice to the non-terminating party as follows:

Termination by Participant

Via Mail: Instant Financial, Inc

2500 Northwinds Pkwy, Suite 375

Alpharetta, GA 30009

Via Email: info@instant.co

Termination by Instant

By sending notice to the mailing address or email of the Participant that Instant has on file.

Such notice must be provided to the non-terminating party at least 15 days prior to the requested date of the termination, unless a different amount of notice is required by applicable law. Notwithstanding the foregoing, the terms of this Agreement will remain in full force and effect with respect to any EWAs that remain outstanding as of the date this Agreement is terminated.

9. LEGAL REMEDIES. If Instant detects what it reasonably believes to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Agreement related to your use of the Instant Pay Program, Instant may take appropriate steps to stop or prevent such activity and to recover the amount of any associated EWA. Moreover, if Participant’s employment is terminated, Instant is authorized to deduct from Participant’s Instant Card any unpaid EWA Amount, pursuant to Section 4 of this Agreement. Otherwise, Instant may not pursue any other recourse against the Participant that otherwise may be available under applicable law. Specifically, Instant will not engage in debt collection activities related to an EWA that is not repaid, report non-payment to a consumer reporting agency or place an unrecovered EWA as a debt with or sell it to a third party for collection.

10. GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules.

11. RELATIONSHIP OF PARTIES. Nothing in this Agreement will constitute or be deemed to constitute an employer/employee relationship between the parties hereto.

12. AGREEMENT TO ARBITRATE.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Except as explicitly provided in this Agreement to Arbitrate, any dispute or claim (whether or not such dispute or claim involves a third party), relating in any way to this Agreement, an EWA, your use of the App, and/or a product or service offered or provided by or through the App, that cannot be resolved directly between you and Instant shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (collectively, the “AAA Rules“) then in effect, except as modified by this Agreement to Arbitrate. The AAA Rules are available at www.adr.org or www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf or by calling the AAA at 1–800–778–7879. You should review the AAA Rules before signing this Agreement.

The Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of the Agreement to Arbitrate in this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement to Arbitrate as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope of enforceability of this Agreement to Arbitrate or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, shall be for a court of competent jurisdiction to decide. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Prior to initiating an arbitration, you and Instant each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Instant by emailing us at info@instant.co. If after a good faith effort to negotiate for a minimum of thirty (30) days, one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

You and Instant agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

YOU AND INSTANT EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND INSTANT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER INSTANT PAY PROGRAM PARTICIPANTS.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE TO PROCEED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Either you or we can initiate arbitration. The arbitration will be conducted by a single arbitrator. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator. In order to make the arbitration most convenient to you, Instant agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Fulton County, Georgia; (c) in any other location to which you and Instant both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $10,000, by solely the submission of documents to the arbitrator.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.

The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, Instant will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Instant should be submitted by mail to the AAA along with your Demand for Arbitration and Instant will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Instant for all fees associated with the arbitration paid by Instant on your behalf that you otherwise would be obligated to pay under the AAA Rules.

With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a nonwaivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. These arbitration provisions will survive the termination of your relationship with us.

If you are a new Instant Pay Program Participant, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. You must mail the opt-out notice, with proof of mailing, to Instant Financial, Inc., Re: Opt-Out Notice, 2500 Northwinds Pkwy, Suite 375, Alpharetta, GA 30009.

Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County in which you reside, or federal court for the district in which you reside.

[LEGAL NOTICES FOLLOW]

Please read the Legal Notices before clicking I ACCEPT.

Legal Notices

California Residents: Loans made or arranged pursuant to a California Financing Law license (License #60DBO-103129). Loans made to California residents may not exceed $2,499. Participant, if married, may apply for a separate account.

Missouri Residents: By signing this Agreement, Participant certifies that s/he does not have any outstanding EWAs or other small loans with Instant which in the aggregate exceeds $500, and is not repaying this EWA with the proceeds of another EWA or other small loan made by Instant.

South Dakota Residents: By signing this Agreement, Participant certifies that s/he does not have any outstanding EWAs or other small loans with Instant which in the aggregate exceeds $500. Any improprieties by Instant in making an EWA or in its EWA practices may be referred to the South Dakota Department of Labor and Regulation’s Division of Banking by mail at 1601 N. Harrison Avenue, Suite 1, Pierre, SD 57501 or by telephone at (605) 773-3421.