POP STARZ, INC.
0000 Xxxxx Xxxxxxxx Xxxxx, Xxxxx 000X, Xxxx Xxxxx, XX 00000
Phone: (000) 000-0000 Fax: (000) 000-0000 Cell: (000) 000-0000
FACILITY USE AGREEMENT
This agreement is made this 5th day of February, 2002 in Palm Beach County,
Florida between Y2 Fitness, Inc. and POP STARZ, INC. This agreement shall take
effect on the 1ST day of April, 2002.
RECITALS
WHEREAS, Y2 Fitness, Inc., is engaged in the health and fitness business and
maintains a fitness studio in the City of Boca Raton, County of Palm Beach in
the state of Florida.
WHEREAS, POP STARZ, INC., provides "funky", "hip hop", "pop" dance classes to
children;
WHEREAS, POP STARZ, INC., desires to use Y2 Fitness, Inc. in Boca Raton, Florida
to conduct it's classes.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, Y2 Fitness, Inc. and POP STARZ, INC., covenant and agree as follows:
SECTION I
TERMS
1. The above Recitals are true and correct and incorporated herein.
2. Y2 Fitness, Inc. does hereby agree to allow POP STARZ, INC., to use Y2
Fitness, Inc. dance studio located at 000 XX 00xx Xxxxxx, Xxxx Xxxxx, XX
each and every Tuesday and Thursday and Saturday or Sunday (that facility
is open) from 4 p.m. to 6 p.m. and from 10 a.m. to 12 p.m. commencing on
April 1st, 2002, and ending on March 31st, 2004. The above times, days of
the week or duration of the use of the studio may not be changed without
the express written consent of both parties. Each class shall be 1 (one)
hour in duration.
3. In consideration for the use of Y2 Fitness, Inc dance studio, POP STARZ,
INC., agrees to pay the sum of $40.00 per class to Y2 Fitness, Inc. with
the first payment to be made on May 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 Y2
Fitness, Inc. In the event of any breach of this agreement by either party,
the non-breaching party shall give the breaching party written notice of
said violations(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" danc class provided to children
at Y2 Fitness, Inc. during the life of this contract. POP STARZ, INC.
agrees that Y2 Fitness, Inc. may engage in child activities that are not in
direct competition with the POP STARZ, INC. "funky", "hip hop", "pop" dance
style for the duration of this contract.
6. Y2 Fitness, Inc. 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. Y2 Fitness, Inc. agrees to be a POP STARZ, INC. location only and not a
franchised owner of POP STARZ, INC. classes, merchandise or materials
8. Y2 Fitness, Inc. 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 Y2 Fitness, Inc. at all its functions
through use of banners, flyers, and/or verbal representations.
10. Y2 Fitness, Inc. agrees not to engage in any activity that is involving Hip
Hop and Kids for a period of two (2) years after the termination of this
agreement.
11. POP STARZ, INC. must provide proof of liability insurance and name "Y2
Fitness, Inc." as an additional insured.
12. If "Y2 Fitness, Inc." is sold, this agreement becomes null and void.
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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 judgment 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, thereunder, shall be in writing and 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 unenforceable 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: /s/ Xxxxxxxx Xxxxxx /s/
(Duly authorized representative)
Xxxxxxxx Xxxxxx, February 7, 2002
(Print name & date)
Y2 FITNESS, INC.
By: /s/ Xxxxxx Xxxxxx /s/
(Duly authorized representative)
Xxxxxx Xxxxxx, February 12, 2002
(Print name & date)
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