ons hereof, or from any specification, standard, or operating procedure prescribed by Franchisor, any portion or portions that a court may hold to be unreasonable and unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. Any such

modifications to this Agreement shall be effective only in such jurisdiction, unless Franchisor elects to give them greater applicability, and shall be enforced as originally made and entered into in all other jurisdictions.

H.Survival of Covenants

All provisions of this Agreement which, by their terms, are intended to survive the termination or expiration of this Agreement (such as, by way of illustration and not limitation, the provisions relating to confidential information, indemnification, post-termination competition, and the Marks), and all provisions hereof necessary to enforce and interpret such provisions (such as, by way of illustration and not limitation, the provisions relating to arbitration and injunctive relief), shall survive the termination, expiration or cancellation of this Agreement or the franchise granted hereunder.

I. No Third-Party Beneficiaries

Nothing in this Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or entity not a party hereto.

J. Counterparts.

This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement or caused this Agreement to be executed by their duly authorized agents as of the date first written above.

FRANCHISOR: PUNCH KING FITNESS, INC. INDIVIDUAL FRANCHISEE: INDIVIDUAL FRANCHISEE: Print Name Print Name

EXHIBIT 1. IDENTIFICATION OF FRANCHISEE TO THE PUNCH KING FITNESS FRANCHISE AGREEMENT

| | INDIVIDUAL FRANCHISEE | | |-----------------------------------------|--------------------------------|------------------| | Name: | | | | Date of Birth: | | | | Home Address (P.O. Box not acceptable): | | | | City: State: ZIP: | | | | Home Telephone: SSN: | NON-INDIVIDUAL FRANCHISEE | | | Check One:  Corporation |  Limited Liability Company |  Partnership | | Name: | | | | Address: | | | | City: State: ZIP: | | | | Telephone: EIN: | | | | Date of Organization: | State of Organization: | | | Statutory/Registered Agent: | | | | Address of Agent: | | | | City: State: ZIP: | | | | Officers | | | | President: Vice President: | | | | Treasurer: | Secretary: | | | Shareholders/Members/Partners | Percentage of Ownership: | | | Name: | | | | Home Address: | | | | City: State: ZIP: | | | | Home Telephone: SSN: | | | | Name: | Percentage of Ownership: | |

Home Address: City: State: ZIP: Home Telephone: SSN: Percentage of Ownership: Home Address: City: State: ZIP: Home Telephone: SSN: Percentage of Ownership: Home Address: City: State: ZIP: Home Telephone: SSN: Percentage of Ownership: Home Address: City: State: ZIP: Home Telephone: SSN: term of the Franchise Agreement to which this Exhibit 1 is attached. Signature The undersigned individual Franchisee, or if Franchisee is other than an individual, each of the Principals of Franchisee, hereby certify that the foregoing information is accurate and complete to the best of their knowledge and agree to notify Franchisor promptly of any change in any such information during the Print Name Print Name Print Name Print Name

EXHIBIT 2. SITE AND TERRITORY

TO THE PUNCH KING FITNESS FRANCHISE AGREEMENT

1. The address and/or description of the Site for the Franchised Business shall be: 2.

Source: Item 22 — CONTRACTS (FDD pages 56–215)