Facility Rental Agreement

EXHIBIT A - TERMS AND CONDITIONS

1. Business Transactions

The Lessee (nor any officer or agent of the Lessee) shall not transact business on property managed or owned by Lessor without Lessor’s prior written consent. Transacting business shall include, but not be limited to: receiving or changing money or compensation by barter, cash, credit card or other financial instrument; entering into any contracts or rental agreements; or soliciting any signatures, waivers, or hold harmless agreements from business customers.

2. Representation

The Lessee shall make no representation to the public that said Lessee is in partnership with Lessor or Johnny Stephene by virtue of this Agreement. This Agreement authorizes use on property owned or managed by Lessor for commercial fitness/recreational purposes only, and does not convey any rights or privileges to the name, image, or likeness of Johnny Stephene or the usage of Lessor for promotional purposes.

3. Exclusivity

The Lessee shall have no exclusive rights or privileges to use the Property.

4. Termination

This Agreement shall terminate at the end of the period for which it is issued, or at any time on written notice from Lessor to the Lessee in the event the Lessee violates any of the provisions hereof. In the event of termination for violation of the Agreement, the Lessee shall forfeit any fees, and may be denied issuance of future facility rentals. Facility rentals are at the discretion of Lessor. Granting of such rental and/or termination of this Agreement by Lessor is a proprietary decision of the Lessor.

5. Permits

The Lessee may be required to obtain additional permits, depending on the activity.

6. Miscellaneous

• It is the intent of the parties to this agreement that Lessor will not pay any expenses, attorney’s fees or liability amounts as a result of the use of Lessor property and facilities by Lessee pursuant to this agreement.
• All activity conducted on the Lessor’s property by Lessee shall be at the risk of Lessee exclusively and Lessee shall indemnify and hold Lessor, its officers, agents, employees, and authorized volunteers harmless against any and all damages, liability, claims, demands and causes of action arising out of or in any way connected with the use of Lessor property, including premises liability. Lessee shall owe this indemnity obligation to Lessor, its officers, agents, employees and authorized volunteers even if the loss, damage, liability, claim, demand, or cause of action resulted from Lessor’s alleged or actual negligent act or omission, regardless of whether such act or omission is active or passive. However, Lessee shall not be obligated under this agreement to indemnify Lessor with respect to the negligence or willful misconduct of Lessor, it’s officers, agents, employees or authorized volunteers. For the avoidance of doubt, the requirements for carrying insurance naming Lessor as an additional insured and the requirements for Lessee to indemnify Lessor are independent and both shall be given effect.
• Lessee further agrees to be personally responsible, on behalf of his/her organization, for any damages sustained to Lessor property, furniture, or equipment because of the use of occupancy of Lessor property pursuant to this Agreement. Lessee and his/her organization agree to abide by and enforce all rules and policies of Lessor governing the use of school facilities and equipment.
• This application is not subject to any organization and the requestor, by completing their reservation has read and understood the rules and regulations for facility as provided herein.

EXHIBIT B - INSURANCE REQUIREMENTS

The Lessee shall furnish liability insurance providing insurance coverage for Lessor for all activities of Lessee conducted on Lessor property pursuant to this agreement. The Facility Use Insurance form must be completed and submitted with this agreement.

Prior to approval of event or activity, the Lessee, at Lessee’s sole cost and expense, shall provide insurance coverage. Handlelife, Inc., Johnny Stephene, and Warehouse Productions LLC, shall be named as additional insureds AND an endorsement is to be attached to the Certificate of Insurance confirming the minimum requirements below. The insurance coverage afforded to Lessor pursuant to this agreement shall be primary insurance coverage. Lessor shall be provided with a Certificate of Insurance confirming that it has been named as additional insured at least two (2) weeks before the scheduled event on Lessor property. It is the responsibility of the Lessee to be sure all insurance requirements are met for their own organization as well as any external vendors. Coverage must be per occurrence, not claims made.

The minimal required limits of coverage are:

• General Aggregate: $2,000,000 (annual)
• General liability: $1,000,000 (per occurrence)
• Products-Comp/Ops Aggregate: $1,000,000
• Personal and Advertising Injury: $1,000,000
• Each Occurrence: $1,000,000
• Damage to Rented Premises/fire Damage: $100,000
• Medical Expense (per person): $5,000

The Certificate Holder must state:

• Handlelife, Inc.
• Johnny Stephene
• Warehouse Productions LLC

Lessor does not have insurance references nor is Lessor required to assist any organization with insurance. It is the responsibility of the organization to be sure the certificate meets Lessor requirements and the separate endorsement is attached. There are not expectations to the limitation requirements. It is the responsibility of the organization to update their insurance if the organization’s insurance expires during their Approved/Activated requests.

EXHIBIT C - FACILITY RULES

Violation of any Rules or Terms by an individual or organization during occupancy may be subject to additional charges and/or shall be sufficient cause for denying future use of the facilities to the organization.

Lessee agrees to abide by the rules, regulations and schedules of Lessor which may be posted at the facility or issued orally, and which may be amended from time to time at Lessor’s sole discretion. At the sole discretion of Lessor, a Lessee’s Agreement may be revoked or suspended at any time if in the judgement of Lessor: (a) Lessee consistently fails to observe the rules and regulations, (b) has otherwise behaved in a manner contrary to the best interests of Lessor or any of Lessor’s users (c) Lessee has instituted any type of legal action against Lessor, including but not limited to civil actions, arbitrations and/or mediations, and/or (d) Lessor has instituted any type of legal action including but not limited to civil actions, arbitrations, and/or mediations against Lessee.

Lessee shall not be relieved of the obligation to make payments agreed to and no deduction from any payment shall be made because of Lessee’s failure to use Lessor facilities.

GENERAL RULES

1. Facility lessees seeking rental of the premises must designate an authorized individual who shall be responsible for signing the application and assuming liability on behalf of the group or organization.
2. An Agreement may be cancelled by Lessor whenever a need for the facilities arises even after execution of facility rental agreement.
3. All requests are to be submitted for specific facilities, spaces, etc. And for specific times. It shall be the responsibility of the designated individual responder for the group or organization to ensure that any unauthorized portions of the property are not used by its attendees.
4. Lessor may assign a custodian or other representative to open and close the buildings and grounds; and who shall have the authority to enforce rules and regulations, and prevent disturbances. Facilities shall be under the direct charge of the custodian or representative assigned. Custodians and representatives shall be treated with respect and dignity and shall have on-site final say regarding the facilities and use thereof. No abuse of Lessor staff will be tolerated and shall be grounds for revocation of agreement and facility use privileges.
5. It shall be the responsibility of the organization to see that authorized portions of the buildings are not disturbed, and that the premises are vacated as scheduled on the Agreement.
6. Facility rental agreements are non-transferrable and subletting is strictly prohibited.
7. The use of excessive profane language, the possession or use of intoxicating liquor, drugs, tobacco, vaping devices, quarrelling or fighting, the carrying of weapons, betting or any form of gambling, are prohibited on the premises. Violation of this rule by any organization during occupancy shall be sufficient cause for denying further use of the facilities.
8. Lessee and Lessee guests shall avoid unnecessary risk of damage to facilities and facility equipment and technology. In the event, of such damage, Lessee shall be liable.
9. At no time will music be allowed to constitute a nuisance, cause offense to the public, or be allowed to violate any ordinance; the Lessee remains fully responsible for such compliance. Lessor reserves the right to determine if the music content is appropriate for the facility.
10. Use may not exceed the time on the reservation. Any guests/hosts who are on the premises past the agreed upon time are subject to additional fees. Notwithstanding the foregoing, Lessor may agree to reasonable grace periods before and after the reserved time for set up or tear down as deemed reasonably necessary by Lessor.
11. In case of inclement weather, Lessee may transfer Lessee’s event to another available day. No refunds will be granted unless the facility is forced to close.
12. Pets (not including service animals) are not permitted in Lessor’s facility.

FIRE & SAFETY

1. At no time shall there be more persons admitted to the facilities than the legal capacity will accommodate.
2. Flammable decorations shall be fire resistant or flame proofed in accordance with the State Health and Safety Code.
3. No device, including candles, which produces flame, sparks, smoke, or explosions shall be used in the facilities.
4. No smoking, vaping, or other use of tobacco shall be permitted on the premises.
5. The Lessee at all times during the use and occupancy of the premises shall comply with all ordinances, laws, and regulations affecting the use and occupancy thereof, including all state and local fire, health, and safety laws, ordinances, and regulations. Lessee agrees to enforce no smoking/vaping rules/laws.
6. Lessee and Lessee’s guests are urged not to bring valuables onto the premises of Lessor. Lessor shall not be liable for the disappearance, loss, theft, or damage to personal property, including money, negotiable securities or jewelry of Lessee or Lessee’s guests.
7. The responsible individual that makes the reservation may not leave the site until all minors are accompanied by their parent or guardian. Lessor is not responsible for any children after the conclusion of the rental.
8. Lessor may require as a condition of approval that the Lessee furnish adequate security officers. Lessor shall have final say on the need for security.

GYMNASIUM

1. Sound/light systems shall only be operated by a designated Lessor representative. (Additional charges may apply).
2. Footwear appropriate for the facility shall be worn at all times. Athletic shoes only when participating in sports. No hard soled shoes allowed on the gymnasium floor while participating in sporting events.
3. Children are not permitted in the facilities without designated adult supervision.
4. Only approved tape may be used on the walls and other surfaces.
5. No food, including gum, or drink is allowed except for water and/or sports drinks.
6. At no time is glass permitted inside the facility.
7. No bouncing balls off the gymnasium or exterior walls or ceilings.
8. No Lessor furniture or equipment shall be moved or displaced without prior written approval.
9. All trash including water bottles and clothing must be picked up and disposed properly before leaving each day of the reservation.

BY SIGNATURE BELOW, RENTER AGREES WITH THE TERMS SET FORTH IN EXHIBIT A (TERMS AND CONDITIONS); EXHIBIT B (INSURANCE REQUIREMENTS); EXHIBIT C (FACILITY RULES); AND (IF APPLICABLE) EXHIBIT D (ADDITIONAL TERMS)