This Earned Income Access Agreement (“Agreement”) is made by and between Instant Financial USA, Inc., a Delaware corporation located at 2500 Northwinds Pkwy, Suite 375, Alpharetta, GA 30009 (“Instant”) and you, an Instant Pay Program Participant (“you” or “Participant”). Participant agrees to the following terms and conditions set forth below with reference to the following facts:

RECITALS

A. Instant offers earned income access services to the employees of Instant’s clients (“Instant Pay Program Subscribers”) pursuant to the Instant Pay Program (“Instant Pay Program”).

B. Participant is employed by an Instant Pay Program Subscriber (“Employer”).

C. Participant has requested, and voluntarily agreed, to receive his/her wages, which may include tips, bonuses, commissions, or other compensation owed by Employer to Participant (“Wages”) via the Instant Financial Prepaid Visa Card (the “Instant Card”). Unless permitted by applicable law, Participant is not required by Employer to receive Wages via the Instant Card, but has opted to do so because of the convenience to Participant in doing so and Participant’s ability to gain early access to a portion of his/her Wages.

D. Participant, as an Instant Pay Program Participant, may seek, on one or more occasions, early access to a portion of Participant’s earned Wages (an “EWA”) from Employer through the Instant Pay Program. EWA can also be referred to as on-demand pay or same-day pay. These terms may be used interchangeably.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and adequacy of which are hereby acknowledged, Instant and Participant agree as follows:

AGREEMENT

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…

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…

4. RECOVERY of EWA. This Agreement evidences the Participant’s obligation and promise to repay the EWA(s) made pursuant to this Agreement…

5. ADVANCE REPAYMENT. Participant may repay an EWA in advance…

6. FEES AND INTEREST. Instant shall not impose any fees, charges, or interest…

7. CONDITIONS. Participant hereby acknowledges…

8. TERMINATION. This Agreement will terminate…

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…

9. LEGAL REMEDIES. If Instant detects what it reasonably believes to be fraudulent, suspicious or criminal activity…

10. GOVERNING LAW. This Agreement shall be governed by the laws of the state of Georgia…

11. RELATIONSHIP OF PARTIES. Nothing in this Agreement will constitute…

12. AGREEMENT TO ARBITRATE.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

OUR AGREEMENT

Except as explicitly provided in this Agreement to Arbitrate, any dispute or claim (whether or not such dispute or claim involves a third party)…

…YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

PRE-ARBITRATION DISPUTE RESOLUTION AND NOTIFICATION

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…

EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION

You and Instant agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration…

PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NONINDIVIDUALIZED RELIEF

YOU AND INSTANT EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS…

ARBITRATION PROCEDURES

Either you or we can initiate arbitration. The arbitration will be conducted by a single arbitrator…

COSTS OF ARBITRATION

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules…

SEVERABILITY

With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief…

OPT-OUT PROCEDURE

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…

JUDICIAL VENUE

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…

[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)…

Missouri Residents: By signing this Agreement, Participant certifies that s/he does not have any outstanding EWAs…

South Dakota Residents: By signing this Agreement, Participant certifies that s/he does not have any outstanding EWAs…