3rd February 2025
OFC – ROSWELL, 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.
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.
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.
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.
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.
The member and OFC – ROSWELL, 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
This membership is not negotiable, transferable, or cancellable except as otherwise provided herein.
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.
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.
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.
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.
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.
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)
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.
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.
