FACILITY USE AGREEMENT
This agreement is made this 9th day of November, 2002, in Palm Beach
County, Florida, between 2 Fit Guys, LLC dba The Grid Iron of Weston (hereafter
referred to as "The Gridiron") and POP STARZ, INC. This agreement shall take
effect on the 9th day of November, 2002.
RECITALS
WHEREAS, The Grid Iron of Weston is engaged in the health and fitness business
and maintains a fitness studio in the City of Weston, County of Broward in the
state of Florida.
WHEREAS, POP STARZ, INC. provides "funky," "hip hop" dance classes to children
and adults.
WHEREAS, POP STARZ, INC. desires to use The Grid Iron in Weston to conduct it's
classes.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, The Grid Iron and POP STARZ, INC., covenant and agree as follows:
SECTION I
TERMS
1. The above Recitals are true and correct and incorporated herein.
2. The Grid Iron does hereby agree to allow POP STARZ, INC. to use
The Grid Iron dance studio located at 0000 Xxxxx Xxxx Xx.,
Xxxxxx, XX each and every Tuesday and Thursday from 3:30-5:30 pm
and Sundays from 11:00-1:00pm with an anticipated start date of
February 1st, 2003 and Saturdays from 1:00-5:00pm commencing on
November 9th, 2002, and ending on November 8th, 2003. The above
times, days of the week or duration of the use of the studio may
not be changed unless The Grid Iron is not open those days,
without the express written consent of both parties. Each class
shall be 1 or 2 hours in duration. This contract will
automatically renew unless 30 days prior to November 9th, 2003
one party sends the other party in writing by certified mail
their intent not to renew.
3. In consideration for the use of The Grid Iron dance studio, POP
STARZ, INC., agrees to pay the sum of $40.00 per class to the Grid
Iron with the first payment to be made on December 1st, 2002 and
on the first day of each succeeding month thereafter.
4. POP STARZ, INC., agrees to comply with all the rules and
regulations of the Grid Iron. Inc the event of any breach of this
agreement by either party, the non-breaching party shall give the
breaching party written notice of said violation(s). In the event
such breach is not cured within thirty (30) days, the
non-breaching party may terminate this agreement.
5. POP STARZ, INC. will be the only Hip Hop dance class provided to
children and adults at The Grid Iron during the life of this
contract. POP STARZ, INC. agrees that The Grid Iron may engage in
child or adult activities that are not is direct competition with
the POP STARZ, INC. funky, hip hop dance style for the duration of
this contract.
6. The Grid Iron acknowledges that POP STARZ, INC. is the sole owner
of the trademark to include logo, name, classes, choreography,
merchandise and any and all materials.
7. The Grid Iron agrees to be a POP STARZ, INC. location only and not
a franchised owner of POP STARZ, INC. classes, merchandise or
materials.
8. The Grid Iron agrees to refer all inquires about POP STARZ, INC.,
classes to Xxxxxxxx Xxxxxx at POP STARZ, INC., business office.
9. POP STARZ, INC., agrees to promote The Grid Iron at all its
functions through use of banners, flyers, and/or verbal
representations.
10. The Grid Iron agrees not to engage in any activity that is
involving Hip Hop for kids and adults for a period of one (1) year
after the termination of this agreement and POP STARZ, INC.,
agrees not to open any Hip Hop classes at Get Cycled Fitness.
11. POP STARZ, INC., must provide proof of liability insurance and
name "The Grid Iron" as an additional insured. POP STARZ, INC.,
agrees that the use of the club's equipment and facilities will be
at POP STARZ, INC., sole risk. POP STARZ, INC., further agrees
that the club will not be responsible for any injury or damage to
the POP STARZ, INC., students, instructors, and POP STARZ, INC.
property because of the use of The Grid Iron and/or it's services.
POP STARZ, INC. further agrees that the club shall not be
responsible for any theft of property while on the premises,
including the parking lot.
12. If The Grid Iron or POP STARZ, INC., is sold, this agreement
becomes null and void.
SECTION II
EXCLUSIVITY OF LISTED TERMS
This written Agreement contains the sole and entire agreement between
the parties and shall supersede any and all other agreements between parties.
The parties acknowledge and agree that neither of them has made any
representative with respect to the subject matter of this Agreement nor any
representations including its execution and delivery except such representations
as are specifically set forth in this writing and the parties acknowledge that
they have relied on their own judgement in entering into this Agreement.
SECTION III
WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING
It is agreed that no waiver or modification of this Agreement shall be
valid unless in writing and duly executed by the parties hereto.
SECTION IV
NOTICE
Any notice to be provided, hereunder, shall be in writing an d mailed
via the United States Postal; Service, certified mail, receipt requested, to the
party to whom the notice is addressed.
SECTION V
GOVERNING LAW
The parties agree that this Agreement and performance hereunder, and
all suits or proceedings relating hereto be construed in accordance with and
pursuant to the laws of the State of Florida. The parties further agree that any
action, which may be brought arising out of, in connection with, or by reason of
this Agreement, must be brought in the courts of Palm Beach County, Florida.
SECTION VI
ENFORCEABILITY OF PROVISIONS
Should any section, or any portion of any section, of this Agreement be
deemed unenforceably by a court of law, the rest of this Agreement shall not be
affected and shall remain in full force and effect.
POP STARZ, INC.
By: _____________________________
(Duly authorized representative)
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(Print name & date)
By: ____________________________
(Duly authorized representative)
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(Print name & date)
