LIFETIME TENNIS, INC. DBA LIFETIME ACTIVITIES

2 B.Lifetime shall be responsible on an on-going basis for ensuring that all of Lifetime’s employees, contractors’ employees, independent contractors and volunteers have been found to be free of communicable tuberculosis as provided in California Public Resources Code §5163. Lifetime shall provide proof thereof when requested by the City. 4.Safety and Security. A.Lifetime shall post appropriate caution signs at gyms to alert personnel and the public of any unsafe conditions when Lifetime becomes aware of such unsafe conditions. B.Lifetime shall immediately protect any unsafe condition at a gym, correct any unsafe practices at a gym, and promptly notify the City per Section 4.d., below. C.No later than 24 hours after the occurrence of an injury or damage to persons or property at gyms, Lifetime shall submit to the City per Section 4.d., below, a City incident/accident report and cooperate with any City investigation. D.Lifetime shall promptly notify City by email at abueno@cityofpleasantonca.gov and by phone at 925.931.5345 upon discovery of any unauthorized or illegal use or activity at the gyms. 5.Marketing and Registration. Lifetime shall be solely responsible to market the activities being provided pursuant to this Agreement and register participants. 6.Term. The term of this Agreement is from execution until June 30, 2024. The parties may extend the term by mutual written agreement. 7. Compensation. The parties acknowledge that no compensation is due from either party to the other under this Agreement. 8. Fees Charged by Lifetime. Activity registration fees shall be set, collected and retained by Lifetime for the activities provided by Lifetime to the public pursuant to this Agreement. 9.Indemnification. Lifetime shall hold harmless, defend, and indemnify the City, its officers, and employees, against any and all claims, costs, demands, causes of action, lawsuits, losses, expenses or liability, including attorneys’ fees, arising from or the alleged acts or omissions of Lifetime, its contractors, or agents, or anything arising from this Agreement. 10. Insurance. During the term of this Agreement, Lifetime shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers licensed to provide insurance in California. Lifetime shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Lifetime’s policies: A.General Liability and Bodily Injury Insurance. A commercial general liability insurance for at least $1,000,000 each occurrence and $5,000,000 aggregate and provide that: (1) the City, its officers, employees and agents; and (2) the Pleasanton Unified School District, its officials, DocuSign Envelope ID: DD37FCE0-1F42-4772-9669-D581C49C21EF