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HomeMy WebLinkAboutSUAREZ, RAYMUNDO 2gCity of Santa Ana Clerk of the Council AGREEMENT TERMINAYION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M -30). Call 647 -6520 if you have any questions. The agreement with Suarez, Raymundo G 200b COTC Office Use Only No N -2005 -101 was completed on 6/30/06 and final payment has been made. (List all amendments. Use space below if needed.) N- 2005 - 101-01, N- 2005 - 101 -02, N- 2005 - 101 -03, Department: PRCSA N- 2005 - 101 -04, N- 2005 - 101 -05, N- 2005 -101 -006 N- 2005 -101 -007 Phone /Ext.: 5254 Signature: a CiAJ lfSl 21 Date: 6/16/14 Revised 08 -23 -10 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES N- 2005 - 101 -007 'r aP3 -/3 CLEIdK Q�E CEIUN�IL DAS, E: � AL1C 2 7 2012 SEVENTH AMENDMENT TO AGREEMENT THIS SEVENTH AMENDMENT TO RECREATION SERVICES AGREEMENT is made and entered into this 15 "' day of June, 2012 by and between Raymundo Suarez, (hereinafter "Provider ") and the City of Santa Ana, a charter city and municipal corporation organized and N existing under the Constitution and laws of the State of California (hereinafter "City "). U � RECITALS: .� to 1. The parties entered into Agreement N- 2005 -101, dated 2005, as amended from time to time, (hereinafter the "Agreement ") by which Provider has provided recreation and leisure class services in the City's leisure program. 2. hz accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Seventh Amendment to Recreation Services Agreement, the parties agree as follows: Section 3, TERM, shall be amended to extend the termination date to June 30, 2013. 2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Seventh Amendment to Recreation Services Agreement on the day and year first set forth above. CITY OF SANTA ANA O� GERARDO MO T Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FORM: aura Sheedy, Asst. City Attorney �►rres� ����- /� MARIA D. HUIZAR CLERK OF THE COUN IL PROVIDER: �• acaraJO° PRODUCER Maguire Insurance Agency, Inc. 27301 Puerta Real State 200 Mission Vlejo, CA 92691 - (822)a3gaas9 Raymundo Suarez 610 5. Townsentl st. Santa Ana, CA 92J03- COVERAGES CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SURERS AFFORDING COVERAGE NAIC # :URER A: Pbiladelobia Indemnity Insurance comna ny tRnca THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE.TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN$R LTR g00'L IN$RD TYPE OF INSURANCE POUCV NUMBER POLICY fff ECTVE DATE (MM /DD /YVVY) POUCY E %PIRATON GATE MM /DD /YYVY) UMIT$ A % GENERAL LIABILITY % COM MERCIAL GENERAL LIABILITY CLAIMS MADE �% OCCUR X PROFESSIONAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER' % POLICY PROJER LOC PHPKJ5118a -001 OJ/23/2012 OJ/23/2013 _ EACH OCCURENCE $1,000,000 PREMISES Ea occurrence $300,000 MED E %P (Any one person) $2,500 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 PRODUCTS — COMP /OP AGG $3,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (EA accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accldent) GARAGE LIABILITY ANV AUTO �' ` q ` J [.E t Y �� V V 1�L r�V �y!`5�1VA /y lJL 1�'� AUTO ONLY —EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG E %CES$ /UMBRELLA LIABILITY OCCUR � CLAIMS MADE Dfouc-rIBLE RETENTION -' _ t• ��3 Lt if3 � - � C tiA 1ti L °2ri1' � � ' � -- — 51.�:.:� y p.tl0 r1T<%Y EACH OCCURENCE AGGREGATE EMPLOYERS' LIABILITY Y N ANV PROPRIETOR /PARTNER /E %ECUTIVE OFFICER /MEMBER / %CLUDED/ � (Mandatory in NH) If yes describe under SPECIAL PROVISIONS below TORY LIMITS ER E.L. EACH ACODENT E.L. DISEASE — EA AMPLOYEE E.L. DISEASE — POLICY LIMIT OTHER OE$CRIpTON OF OPERATION$ /LOCATIONS/ VEHICLES / E %CLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS I[ Is understood and agreetl [bat the following entity is adtled as an atld Hional insured but only witb respect(z) to the operations of the named Insured except that liability resu lung from the additional insured's sole neglfgence- rlvw�r� L.NIV LC LLA 1 1 V IY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E %PIRATON DATE Gty of Santa Ana, Its officers, agents, and employees THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 1B2$ W Civic Center Dr CERTFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO BO SHALL IMPOSE NO OBLIGATION OR Santa Ana, CA 9ZJ03 -2821 LIABWTY OF ANY KIND UPON THE INSURER, IT$ AGENTS OR REPRESENTATVES_ A�UTJH� /O /J�RpIZ��E��D�`REPRESENTATI VE ACORD 25 (2009/01) © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) ��� DATE (MM /DD /1 - r+�a+�� CERTIFICATE OF LIABILITY INSURANCE °6/2x/2 °12 Maguire Insurance Agency, Inc. 27101 Puerta Real Suite 200 Missbn Viejo, CA 92691 - (s22)a3a -2as9 INSURED Raymundo Suarez 630 S Townsend SC Santa Ana, CA 92203- COVERAGES THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN$R gDD'L THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAY$ WRITTEN NOTICE TO THE 2201 W. McFadden Ave POLICY EFFECTIVE POLICY EXPIRATION LIABILITY OF ANY KIND UPON THE INSURER, ITS 4GENT5 OR REPRESENTATIVES. LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD /YYYYI DATE (MM /DO /YYYY LIMIT$ A X GENERAL LIABILITY pHPKJ51184 -001 OJ/23/2012 OJ/23/2013 EACH OCCURENCE $1,000,000 PREMISES Ea occurrence 5100,000 % COMMERCIAL GENERAL LIABILITY CLAIMS MADE �X OCCUR MEO EXP (Any one person) 52,500 pER50NAL8AOV INJURY $1,000,000 X PROFESSIONAL LIABILITY GENERAL AGGREGATE $3,000,000 PRODUCTS— COMP /OP AGG $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' % POLICY PROIEQ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (EA accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTO$ (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY — EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY OCCUR � CLAIMS MADE EACH OCCURENCE AGGREGATE DEDUCTIBLE RETENTION EMPLOYERS' LIABILITY Y N ANY PROPRIETOR PARTNER E %ECUTIVE TORY LIMITS ER EL EACH ACCIDENT OFFICER /MEMBER %CLUDED (Mandatory In NH) If yes, describe under E.L. DISEASE — EA AMPLOYEE E.L. DISEASE — POLICY LIMIT SPECIAL PftOV ISIONS below OTHER DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES / E %CLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS It is understood antl agreed that the fallowing entity is adtled as an additional insured but only wlffi respects) to the operations of [he named insured except [hat liability resulting from [he additional insured's sole neglfge nce. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009/01) © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED OEFORE THE EXPIRATION DATE Southwest Senior Center THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAY$ WRITTEN NOTICE TO THE 2201 W. McFadden Ave CERTFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION Oft Santa Ana, CA 9220x- LIABILITY OF ANY KIND UPON THE INSURER, ITS 4GENT5 OR REPRESENTATIVES. AUTHORI2E0 REPRESENTATIVE ACORD 25 (2009/01) © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) PI -FW -009 (06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Blanket Additional Insured Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION 11 —WHO IS AN INSURED is amended to include the following as an additional insured, but only with respect to liability arising out of your operations, and in accordance with a required Certificate of Insurance: 1. Managers, Owners or Lessors of the Premises Leased, Rented, or Loaned to You, but only with respect to that part of the premises leased, rented or loaned to you subject to the following additional exclusions: This insurance does not apply to: a_ Any "occurrence" which takes place after you cease to be a tenant in that premises; b. Structural alterations, new construction or demolition operations performed by or on behalf of the manager, owner or lessor of the premises; c. Any design defect or structural maintenance of the premises or loss caused by a premises defect. 2. Lessor of Leased Equipment, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such persons) or organizations) subject to the following additional exclusions: This insurance does not apply to: Any "occurrence" which takes place after the equipment lease expires. 3. Sponsors, but only with respect to their liability as a sponsor to you. 4. Co- Promoters, but only with respect to their liability as a co — promoter to you 5. Subcontractors 6. Grantor of Franchise, but only with respect to their liability as grantor of franchise to you. With respect to any additional insured covered under this policy, this insurance does not apply to the sole negligence of such additional insured. Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number:PHPK75��84 -00� � See Supplemental Schedule Agent #:6039 LIMITS OF INSURANCE G $3,000,000 General Aggregate Limit (Other Than Products — Completed Operation) $3,000,000 Products /Completed Operations Aggregate Limit (Any One Person Or Organization) $'1,000,000 Personal and Advertising Injury Limit $'1,000,000 Each Occurrence Limit $'100,000 Rented To You Limit $2,500 Medical Expense Limit (Any One Person) FORM OF BUSINESS:Individual Business Description: Fitness Trainer Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED AUDIT PERIOD, ANNUAL, UNLESS OTHERISE STATED: Rates Advance Premiums Premium Prod./ Prod./ Classifications Basis Prem. /O s. Com _ O s. Prem. /O s. Com _ O s. SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE PART- $� 22-00 Included Retroactive Date(CG 00 02 Only) This insurance does not apply to "Bodily Injury ", "Property Damage ", or "Personal and Advertising Injury" which occurs before the retroactive date, if any, shown below. Retroactive Date: FORMS) AND ENDORSEMENT (S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule Countersignature Date Authorized Representative Page � of 1 C Forms Schedule — General Liability Policy Number: PHPK751184 -001 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form /Edition Description CG 00 01 12 07 Commercial General Liability Coverage Form Commercial General Liability GL Coverage Part Declarations Page Coverage Part Declarations Commercial GL Supplemental Commercial GL Coverage Supplemental Schedule Schedule PI -APG -004 (01/07) Additional Conditions PI- APG -CA -1 (01/07) California Changes - Cancel, Nonrenewal and Cond. Renewal PI- FraudAdd (01/07) Fraud Notice PI -FW -001 (01/07) Coverage C - Athletic Activities Exclusion Deletion PI -FW -002 (03/09) Fitness and Wellness Liability Insurance Exclusions PI -FW -003 (01/07) Fitness and Wellness Liability Insurance Extension PI -FW -005 (01/07) Punitive Damages Exclusion PI -FW -006 (01/07) Sexual Abuse Endorsement PI -FW -007 (01/07) Specific Claimant Exclusion PI -FW -008 (01/07) Violation of Communication or Information Law Exclusion PI -FW -009 (06/11) Blanket Additional Insured Page 1 of 1 Commercial General Liability CG 0001 1207 Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit "; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit "; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. CG 00 01 12 07 © ISO Properties, Inc_ , 2000 Page 11 of 1 6 Commercial General Liability CG 00 01 12 07 (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5_ Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9_ When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. CG 00 01 12 07 © ISO Properties, Inc. , 2000 Page 12 of 16 PI -FW -00'1 (0'1/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COVERAGE C — ATHLETIC ACTIVITIES EXCLUSION DELETION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION 1 - COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities, is deleted in its entirety. Page 1 of 1 PI -FW -002 (03/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FITNESS AND WELLNESS LIABILITY INSURANCE EXCLUSIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusions are added to Paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and Paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: 2. Exclusions This insurance does not apply to: a. Services Furnished by Health Care Providers (1) "Bodily injury," "property damage" or "personal and advertising injury" based upon or arising out of, in whole or in part, the rendering of or failure to render: (a) Medical, surgical, dental, x -ray, or nursing service, treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) Any service, treatment, advice or instruction in chemical skin enhancement, laser hair removal or replacement. (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; or (3) The handling or treatment of dead bodies, including autopsies, organ donation or other procedures. This exclusion does not apply to the rendering of first aid. Paragraph 2.a. (1)(b) above does not apply to a licensed physical therapist providing any health or therapeutic service, treatment, advice or instruction on behalf of a Named Certificate Holder. b. Vitamins, Supplements and Steroids (1) "Bodily injury," "property damage" or "personal and advertising injury" based upon or arising out of, in whole orin part, the production, testing or manufacture of vitamins, minerals, herbal supplements, medicinal supplements or nutritional supplements. (2) "Bodily injury," "property damage" or "personal and advertising injury" based upon or arising out of, in whole or in part, the production, recommendation, selling, testing, promotion, solicitation, or manufacture of steroids. Page 1 of 2 PI -FW -002 (03/09) c. Improper Fees, Dues and Expenses "Bodily injury," "property damage" and "personal and advertising injury" based upon or arising out of, in whole or in part, improper fees, dues, and expenses incurred or charged by an insured. d. Communicable Disease (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of any "communicable disease," including but not limited to the following: (a) Acquired Immune Deficiency Syndrome (AIDS); (b) Human Immunodeficiency Virus (HIV); or (c) Hepatitis. (2) This exclusion applies even if such damages arise or are alleged to arise as a result of the insureds' negligent hiring, placement, training, supervision, act, error or omission or alleged sexual and /or physical abuse. (3) For purposes of this exclusion, "communicable disease" means an infectious disease transmittable from person to person by direct contact with an affected person or that person's discharges or body fluids. e. Fungi or Bacteria (1) "Bodily injury," "property damage" or "personal and advertising injury" caused directly or indirectly by the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any: (a) "Fungi," "spores," or bacteria; or (b) Substance, vapor or gas produced by or Substance, vapor or gas produced by oror arising out of any "fungi," "spores" or bacteria. (2) Loss, costs or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi," "spores" or bacteria, by any insured or by any other person or entity. (3) For the purposes of this exclusion, the following definitions are added: (a) "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, "spores," scents or byproducts produced or released by "fungi." (b) "Spores" means reproductive bodies produced by or arising out of "fungi." This exclusion does not apply to any "fungi," "spores" or bacteria that are on, or are contained in, an edible good or edible product intended for human or animal consumption. Page 2 of 2 PI -FW -003 (01/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FITNESS AND WELLNESS LIABILITY INSURANCE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Paragraph 1. Insuring Agreement of SECTION 1 - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: "Bodily injury" or "property damage" arising out of the rendering of or failure to render "professional training services" shall be deemed to be caused by an "occurrence." B. For the purpose of determining the Limits of Insurance for the coverage provided by this endorsement, any act or omission together with all related acts or omissions in the furnishing of these "professional training services" to any one person will be considered one "occurrence. " C. For purposes of this endorsement, "professional training services" means any service, advice, or instruction relating to physical fitness. Page 1 of 1