FACILITY RENTAL AGREEMENT

This FACILITY RENTAL AGREEMENT (this “Agreement”) is entered into effective as of date listed below (the “Effective Date”), by and between the renter listed below (the “Renter”), and Grit and Grind Sports Academy, (the “Owner”).

Description of Event: Facility rental including bounce house, tables and chairs

1. Condition of the Premises. The Premises is rented “as is” and “with all faults.” Any and all physical alterations to the Premises are expressly prohibited. No personal property, including, without limitation, pictures, trophies, lamps, furniture, and other day-to-day decorative accessories, shall be removed from the Premises or relocated within or on the Premises without the prior consent of the Owner. No nails, staples, screws, pins, tape or adhesives of any kind may be put into or onto walls, ceilings or floors. No adhesive tapes may be placed on any surfaces contained in or around the Premises.

2. Damage to the Premises; Cleaning. The Renter shall be responsible for and pay to the Owner all costs, liabilities, and expenses whatsoever resulting from damage to the Premises and for cleaning costs incurred by the Owner in excess of the Deposit (as defined below) as a result of the Event, regardless of whether such costs, liabilities and expenses are incurred as a result of the actions of the Renter or guests of the Event. The Renter shall pay to the Owner a deposit in the amount set forth below (the “Deposit”) at the signing of this Agreement, to be applied by the Owner against such amounts due from the Renter. Unless otherwise agreed to by the Owner, the Deposit shall be secured and subjected as a charge to a major credit card. After the Event, the Owner shall apply the Deposit against payments due from the Renter for any damages, cleaning costs and any other charges payable by the Renter to the Owner pursuant to this Agreement, and any remaining amount shall be due and payable to the Owner by the Renter.  Deposit is non-refundable at signing of this agreement to reserve your date of the Event.

3. Fees and Deposit; Payment Information. The Renter shall pay to the Owner [fifty percent (50%)] of the amount of the Rental Fee and the full amount of the Deposit set forth in this Section 4 on the Effective Date in order to reserve the Premises for the Event. The balance of the Rental Fee, and all applicable sales and use taxes, shall be paid in full on or before the day prior to the date of the Event, unless otherwise provided below. The Rental Fee and the Deposit for the Event shall be as follows:

Rental Fee (Including sales and use tax) $375.00

Non-Refundable Deposit To book your time slot $175.00

Balance due 3 days prior to party or event date $200.00

Balance due my differ if you have add on items

4. Term of Event.  The term of the Renter’s usage of the Premises shall be from the time slot and date listed above (hereinafter, “Usage Term”).  ALL VENDORS SECURED BY RENTER AND OTHER GUESTS SHALL VACATE THE PREMISES BY THE END OF THE USAGE TERM.

5. Renter Responsibilities. The Renter agrees to pay and be completely responsible for any and all damages that may occur on or to the Premises, either as the result of accidents or intentional acts of the Renter, guests, and/or vendors secured by the Renter. The Renter warrants that he or she shall remain on the Premises at all times during the Usage Term. The Renter shall engage only licensed and insured vendors to provide goods or services at the Event. Proof of such licenses and insurance shall be provided to the Owner upon request.

6. Clean-up.  Clean-up by the Renter and vendors of the Premises, including the final removal of all personal property and rental equipment of the Renter and the vendors, shall be completed prior to expiration of the Usage Term. The Renter shall adhere (and have vendors adhere) to the following instructions for clean-up of the Premises:

(a) All garbage, including disposable cups, plates, plastic ware, food, decorations, etc. will be gathered and placed in proper receptacles; and

(b) All personal property and other items of Renter placed on the Premises for the Event shall be removed.

The cost of any necessary clean-up by the Owner of any items listed above will be charged to the Renter.  The Owner will dispose of the bags of trash and will sweep the floors at no charge.

7. Conduct of Event.  During the Usage Term, the Renter and its guests must abide by the Owner’s rules and policies and comply with all posted signs, as well as all applicable statutes, regulations, ordinances and other laws. The Renter is responsible for the actions of guests and for any legal violations, damages or losses incurred during the Event. The Owner has the right to refuse entry or service to, and remove from the Premises, any person it deems to be behaving in an improper or abusive manner, without liability to Renter.

8. Events of Default.  In the event the Renter shall fail to make any payment or breach any covenant, condition or obligation hereunder (an “Event of Default”), the Owner, at its option, shall have and may exercise any or all of the following rights and remedies without limiting any other rights the Owner may have under applicable law, (a) retain the Rental Fee and the Deposit, or any portions thereof, and to offset any damages, expenses or liabilities incurred by the Owner as a result of such Event of Default against the Rental Fee or the Deposit, and (b) terminate this Agreement and cancel the reservation of the Premises established by the Renter for the Event.

9. Indemnification. The Renter shall defend, indemnify and hold harmless the Owner, its affiliates, and its and their respective past and present directors, officers, employees, agents, and representatives against any and all loss, injury, death, damage, liability, claim, action, judgment, interest,

award, penalty, fine, cost or expense, including reasonable attorney fees and costs, arising out of or related to: (a) any death of, or injury to, any person or persons occurring as a result of, in connection with, relating to, or arising out of the Event; (b) any damage to the Premises resulting from any act done, or omission by or through the Renter, its agents, or any other person at the Event; (c) any claim brought against the Owner by any person whatsoever, for any reason occurring as a result of, in connection with, relating to, or arising out of the Event; and (d) the Renter’s negligence, willful misconduct or breach of this Agreement.

10. Force Majeure.  The Owner shall not be liable or responsible to the Renter, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the Owner’s control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, hostilities, or other civil unrest; (d) governmental actions, orders, or laws; (e) pandemics or epidemics; and (f) any other events beyond the control of the Owner. The Owner shall give notice to the Renter upon the occurrence of such cause and shall use commercially reasonable efforts to end the failure or delay. In the event such failure or delay remains uncured for a period of fifteen (15) days, either party hereto may thereafter terminate this Agreement and the Owner shall be entitled to retain the full amount of the Deposit.

11. Limitation of Liability. In no event shall the owner be liable to the renter or to any third party for any loss of use, revenue or profit, diminution in value, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damages were foreseeable and whether or not the owner has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event shall the owner’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the RENTAL Fee paid to the owner pursuant to this Agreement.

12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal or state courts, in each case, located in Huntsville, Alabama, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts.

13. Miscellaneous. The Renter shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the Owner. Any purported assignment or delegation in violation of this Section is null and void. This Agreement is for the sole benefit of the parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. This Agreement constitutes the sole and entire agreement of the parties hereto with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by the parties. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by email or other electronic means shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.