1. DISCLAIMER OF LIABILITY. OFC-DACULA, LLC D/B/A OMNI FIGHT CLUB

URGE EACH AND EVERY MEMBER TO OBTAIN A PHYSICAL EXAMINATION

FROM HIS/HER PHYSICIAN PRIOR TO THE USE OF ANY EXERCISE CLASS

(“PHYSICAL ACITIVITIES”). MEMBER ACKNOWLEDGES THE PHYSICAL

ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR

OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, MUSCLE STRAINS,

PULLS OR TEARS, BROKEN BONES, SHIN SPINTS, HEAT PROSTRATION,

KNEE/LOWER BACK/FOOT INJURIES, HEART ATTACKS AND/OR OTHER

ILLNESS, SORENESS, OR INJURY, INCLUDING DEATH, HOWEVER CAUSED,

OCCURRING DURING OR AFTER BUYER’S PARTICIPATION IN THE PHYSICAL

ACTIVITIES. IF YOU HAVE A HISTORY OF HEART DIEASE, YOU SHOULD

CONSULT A PHYSICIAN BEFORE JOINING A SPA. MEMBER ASSERTS THAT

HE/SHE IS CAPABLE OF PARTICIATIPATING IN THE PHYSICAL ACTIVITIES

AND AGREES TO ASSUME ALL RISK AND RESPONSIBILITY FOR EXCEEDING

HIS/HER PHYSICAL LIMITS. MEMBER FURTHER ACKNOWLEDGES THAT SUCH

RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE

NEGLIGENCE OF ANOTHER PERSON, DEFECTIVE OR IMPROPERLY USED

EQUIPMENT, OVER-EXERTION OF MEMBER, SLIP AND FALL BY BUYER, OR AN

UNKNOWN HEALTH PROBLEM OF MEMBER. MEMBER AGREES THAT AS A

CONDITION TO THE OMNI FIGHT CLUB ACCEPTANCE OF THIS AGREEMENT,

MEMBER AGREES TO ASSUME ALL RISK AND RESPONSIBILITY INVOLVED

WITH PARTICIPATION IN THE PHYSICAL ACTIVITIES. MEMBER, ON BEHALF

OF MEMBER, HIS/HER HEIRS, ASSIGNS AND NEXT OF KIN, AGREES TO FULLY

RELEASE OFC (AS WELL AS ANY OF ITS OWNERS, EMPLOYEES, OR OTHER

AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM

ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION ACITIONS THAT

MEMBER MAY HAVE FOR INJURIES, DISABILITY OR DEATH OR OTHER

DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MEMBER’S

PARTICIPATION IN THE PHYSICAL ACTIVITES, EVEN IF CAUSED BY THE

NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS OR OMISSIONS

AND/OR ANY TOHER TYPE OF FAULT OF OMNI FIGHT CLUB, IT’S OWNERS,

EMPLOYEES, INDEPENDENT CONTRACTOR(S), MEMBERS OR OTHER

AUTHORIZED AGENTS.

MEMBER FURTHER AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS

OMNI FIGHT CLUB, INCLUDING ITS LANDLORD (IF ANY), FROM ANY AND ALL

LIABILITY OR CLAIMS ARISING FROM ANY LOSS, DAMAGE OR THEFT,

HOWEVER CAUSED, TO ANY PERSONAL PROPERTY BELONGING TO MEMBER

(OR ANY OTHER THIRD PARTY) LOCATED ON OR AROUND THE PREMISES,

INCLUDING WITHOUT LIMITATION THE TRAINING AREA, PARKING LOT(S)

AND LOCKER ROOMS.

2. RULES AND REGULATIONS. MEMBER AGREES TO FOLLOW CLUB RULES AS

PROMULGATED FROM TIME TO TIME. A COPY OF SUCH RULES IS ATTACHED

HERETO AND MADE A PART HEREOF. Violation of these rules may be the cause for

suspension or cancellation of membership. We have the right to refuse membership at our

discretion.

3. SEVERABILITY. If any part of this contract shall be held invalid, that part shall be deemed

excluded from this contract and the remainder of the contract shall remain in full force and

effect.

4. NOTICE. ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO

ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE

SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE

PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT

EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

5. JURISDICTION. To the full extent permissible by law, for purposes of any dispute arising

out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of

the State of Georgia and to the application of Georgia Law.

6. ENTIRE AGREEMENT. The member and OFC-Dacula, LLC dba Omni Fight Club

acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except

in written form executed by both parties.

7. CANCELLABILITY AND TRANSFERABILITY. This membership is not negotiable,

transferable or cancellable except as otherwise provided herein.

8. Contract Duration and Automatic Renewal: Contract is in force for months from the

Contract Start Date (2 month minimum commitment), with automatic renewal for

subsequent months, unless cancelled by written request, with notification of 28 days in

advance of the next billing date. Written notification received less than 28 in advance of the

next billing date will result in one final additional membership draft.

9. BUYER’S RIGHTS.

A. DEATH OR PERMANENT DISABILITY. If by reason of death or permanent total

disability, the member is unable to complete the training program and acceptable written proof

thereof is received by Omni Fight Club 1575 Old Alabama Rd. Roswell, GA. 30076

(s)he and his/her estate shall be relieved from the obligation of making payment for training

other than that received prior to death or the onset of disability, and that if (s)he has prepaid any

sum for training, an amount shall be promptly refund that shall be the excess determined after

dividing the total cost of the memberships by the total number of months under the membership

and multiplying the result by the number of months expired under the membership term.

B. PERMANENT RELOCATION. Should member(s) permanently move their residence more

than 25 miles from an affiliated area, payment on this agreement will be suspended upon

payment of an appropriate cancellation fee of $50.00 or 20% of the unpaid agreement balance

(whichever is greater) and acceptable written verification of the move is received by Omni Fight

Club 1575 Old Alabama Rd. Roswell, GA. 30076. Notwithstanding a cancellation

under this cause, the member shall remain liable for all installment payments prior to the date of

move.

C. LOCATION OF BUSINESS. Under this contract, no further payments shall be due to anyone,

including any purchaser of any note associated with or contained in this contract, in the event the

health spa at which the contract is entered into ceases operation and fails to offer an alternate

location, substantially similar, within ten miles.

10. SUBSTANTIAL CHANGES. You (the buyer) may cancel this agreement within 28 days

from the time you knew or should have known of any substantial change in the services or

programs available at the time you joined. Substantial changes include, but are not limited

to, changes from being coed to being exclusively for one sex and vice versa. To cancel, send

written notice of your cancellation to the address provided in this contract for sending a

notice of cancellation. The best way to cancel is by keeping a photocopy and sending the

cancellation by registered or certified mail, return receipt requested.

11. NEW CLUBS. If the club has not yet become fully operational and available for use, you

may cancel this agreement within seven business days after it becomes operational and receive a

full refund and cancellation of indebtedness, less the fair market value of services received

(which shall not exceed $50.00)

12. DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as

called for in this agreement, the club will have the right to declare the entire remaining balance

due and payable and you agree to pay allowable interest, and all cost of collection, including but

not limited to collection agency fees, court costs, and attorney fees. A default occurs when any

payment due under this agreement is more than ten days late. Should any monthly payment

become more than ten days past due, you will be charged a late fee of $15. IF you No show or

Late Cancel an appointment, a $10 fee will be deducted from your account after a 1 hour grace

period outside your existing scheduled appointment time.

***NOTICE***

State law requires that we inform you that should you (the buyer) choose to pay for any

part of this agreement in advance, be aware that you are paying for future services and

may be risking loss of your money in the event this health spa ceases to conduct business.

Health spas do not post a bond, and there may be no other protections provided to you

should you choose to pay in advance.