LIFETIME TENNIS, INC. DBA LIFETIME ACTIVITIES

1 AGREEMENT FOR GYM-BASED ACTIVITIES THIS AGREEMENT FOR GYM-BASED ACTIVITIES (“Agreement”) is made and entered into this _____ day of _______________, 2024, by and between Lifetime Tennis, Inc., a California corporation ("Lifetime"), DBA Lifetime Activities, whose address is 1901 South Bascom Avenue, #1225, Campbell, CA 95008 and telephone number is (925) 931-3449, and the City of Pleasanton, a municipal corporation ("City"). WHEREAS, the City and Lifetime were previously parties to a now expired Operator Agreement whereby Lifetime offered table tennis, badminton, and pickleball at local school gyms; and WHEREAS, the City and Lifetime desire to have a temporary process so that Lifetime can offer table tennis, badminton, and pickleball at local school gyms. In consideration of the mutual promises set forth in this Agreement, the parties agree as follows: 1. Activities that May be Offered. The following activities may be offered by Lifetime: table tennis, badminton, and/or pickle ball (collectively the “activities”). Lifetime may determine dates, times, and frequency when it will offer activities, subject to receiving approval from the City for gym space for activities as described in Section 2, below. 2. Process to Apply for Gym Space for activities and no payment. If Lifetime seeks to offer activities at any of the following gyms in Pleasanton: Pleasanton Middle School at 5001 Case Avenue (“PMS”); Harvest Park Middle School at 4900 Valley Avenue (“HPMS”); or Thomas Hart Middle School at 4433 Willow Road (“THMS”) (collectively “gyms”), Lifetime shall complete and submit to the City an “Application for Use: Gymnasium” as set forth in the attached Exhibit A, in March 2024 for gym space. City has the discretion to approve such application based on space available. No payment is required by Lifetime for use of gym space through the term of this Agreement. 3. Responsible for Employees. Lifetime shall recruit, hire, train, discharge, evaluate, supervise and pay all Lifetime’s employees providing the activities described in this Agreement. A. Lifetime shall be responsible on an on-going basis for ensuring that all of Lifetime’s employees, contractors’ employees, independent contractors and volunteers that have a position of supervisory or disciplinary authority over a child under the age of eighteen (18) [whether such child is registered for activities or is an employee] have been background checked and meet the requirements of California Public Resources Code §5164(a)(1) and California Penal Code §11105.3. Lifetime shall provide proof thereof when requested by the City. DocuSign Envelope ID: DD37FCE0-1F42-4772-9669-D581C49C21EF 29.00 February