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Home My WebLink AboutCHALLENGER SPORTS CORPORATION-2015City of Santa Ana 1 --' Clerk of the Council AGREEMENT TERMINATION FORM ,----- .-.__-_-.-._-..-.-.-.-.-._-....-.-.-.-.------- ---- --_-.-.---.-.-- COTC Office Use .Only ?" -- 'At1 22 ..-1...4...... 05.. Please complete this form when the attached agreement and all CITY Q $6nPiiA gjiq amendments (if any) are no longer in effect. CLERK S NTACOUAN CIL Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. n — The agreement with l �J,(u/1/PjJT 0,02 Q� C m,QmWLy Na N-2015-085 was completed on l nl and final payment has been made. (List all amendments. Use space below if needed.) Department: RZF--,A Phone/Ext.: 5a Signature: G—�, Q,(`,Ift-Q k1VCV) Date: F5(w�tg Revised 08-23-10 N-2015-08s INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES GC4 WC: 1-1-16 CLERK OF COON C y 2 Q1 RECREATION SERVICES AGREEMENT DATE., v'�` j>R STHIS AGREEMENT is made, and entered into this 4!h of ;May 2015, by and between Challenger Sports Corporation (hereinafter "Provider") and the City of Santa Ana, a charter city and municipal corporation oxganized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to conduct various fitness classes in its leisure class program. B. 'Provider represents that Provider is able and willing to provide such services to the City. C. hi undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to provide the programs sot :Cort'h in Exhibit A, City agrees to pay the Provider seventy percent (70%) of all gross revenue received from program participants. Total revenue to Provider shall not exceed $25,000 annually. Payment to Provider shall be made within. thirty (30) days following completion of the last class taught by Provider that month. City shall be responsible for collecting all fees from progrann participants. Provider shall not collect fees but will refer all interested participants to City for registration information. Provider agrees that City shall retain thirty percent (30%) of all gross revenue received from program participants as an administrative fee, 3. TERM This Agreement shall commence on August 1, 2015 and terminate on June 30, 2016, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire torm of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided. by Provider shall be provided in a. manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and sinular taxes relating to employees and shall be responsible for all applicable withholding taxes, Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $ 2,000,000 aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insuured's provisions, b. Worker's Compensation Insurance, In accordance with the provisions of Section 3300 of the Labor Code, Provider, if Provider has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance, Prior to commencing the performance of the work under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City, (ii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Provider fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indenmify the City for any work performed prior to approval of insurance by the City. 6, INDEMNII+ICATION Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability for pea:sonal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for 2 personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arising by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. LIVE SCAN BACKGROUND CHECK Providers, and any employees, subcontractors or substitutes, in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax in the mamier provided in this Section, to the following persons: To City: Cleric of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 To Provider: Oli Sharp Challenger Sports Corporation 707 Civic Center Dr., Ste. 205 Vista, CA 92084 Agent for Service: National Registered Agents, Inc. 818 W. Seventh Street Los Angeles, CA 90017 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Provider or the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 11. ASSIGNMENT/SUBSTITUTES a. Assignment. The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. b. Substitutes. In the event Provider is not able to teach a class clue to illness or some other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified substitute instructor to teach the class at its regular time and place. Provider shall ensure that substitute instructors are at least twenty-one (21) years of age and comply with the City's insurance and live scan requirements contained herein. Evidence of compliance with City's insurance and live scan requirements shall be provided upon request. Provider must immediately notify the City of the substitute instructor's name, qualifications, address and phone number. If Provider cannot procure a qualified substitute and the City is unable to assist in this regard, then the class shall be canceled and a make-up class must be added to the session. Provider must notify participants as soon as possible of any class cancellation and make-up class. Provider must personally teach at least seventy-five percent (75%) of its offered classes. 12. TERMINATION a. This Agreement maybe tenninated by the City upon thirty (30) clays written notice of termination. In such event, Provider ,shall be entitled to receive,, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. b. Termination or cancellation of classes by the Provider outside of Section I Lb. must be given to the City at least thirty (30) days prior to termi.nation/cancellation. Failure to provide adequate cancellation notice to the City may put fixture contracting of business with the City at risk and will result in the City's retention of ten (10%) percent of the final payment to Provider. 13. RECORDS Provider shall use attendance sheets generated and supplied by the City to record attendance in each class, Provider shall keep these and any other records in connection with the work to be performed under this Agreement and shall permit City, upon request, to review such records for a period of three (3) years from the date of final payment to Provider under this Agreement. 14. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement hallav determined and governed b_y_th.e_laws-ofthe_State_of California —Both partiesfurther-- agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16, LICENSES Provider shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and, required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. 17, SEVERA.BILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder, 18. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: /D I Marra D, Huizar Clerk- of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: GaLU, L44�4 John FAk. Assistant City Attorney RECOMMENDED FOR APPROVAL: Executive Director of Parks, Recreation and Conammity Services Agency CITY OF SANTA ANA David (%vazo City Manager mummum 61i Sharp Challenger Sports Corporation Exhibit A SCOPE OF SERVICES — Challenger Sports British Soccer Camp / Oli Sharp A. Provider shall conduct Soccer Camp for children 3-16years. B. Provider shall teach such or similar classes (1) at the times below at a facility to be designated by the City or (2) on a schedule otherwise agreed upon by the parties for each class session or teen, including the location, specific days and hours when classes will be held, and holidays to be observed,, in accordance with City's needs. • Soccer Camp -I week session, held 5 days per week, 1 hour per day, ages 3-4 yrs. • Soccer Camp -I week session, held 5 days per week, 1 hour & 30 minutes per day, ages 4-5 yrs. • Soccer Camp -1 week session, held 5 days per week, 3 hours per day, ages 6-16 yrs. • Soccer Camp - I week session, held 5 days per week, 7 hours per day, ages 6-16 yrs. C. Provider shall provide all materials, supplies, equipment, records and personnel. Provider shall be responsible for clean-up of the facilities and materials and shall ensure the safety and effectiveness of instruction. CLASS SIZE REGISTRATION A. All Soccer Camp classes mentioned above, must have a minimum of 5 paid students and no more than a maximum of 100 paid students. B. If the minimum registration has not been reached by the second class, the class maybe cancelled by mutual agreement of Provider and City. Provider will be wider no obligation to provide services for the cancelled. classes, and the City will have no further obligations to pay Provider compensation for die remaining classes that were cancelled in that session. CLASS FEES A. Each participant shall pay class registration fees as established by City. B. Any materials fee shall be established by mutual agreement of City and Provider and shall be payable directly to Provider. C. Only registered participants may participate in class. D. Any refunds to participants will be made in accordance with City policy. acoRo� CERTIFICATE OF LIABILITY INSURANCE 1..-� OATE(MMIDOm Y, F 3 / 6 / 2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. 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). PRODUCER Risk 6 Insurance Consultants, Ina 5416 Glanridge Drive Atlanta CIA 30342 ONANTACT Lyshon Jackson PNONE"ESS (904)459-5975 FAXL,DI (AID Not' (404)459-5996 'MAIL . 1.a i.on@riskinsuranceco.com INSURERS) AFFORDING COVERAGE NAIC N INSURER AMassachusetts Bay Ins 22306 INSURED Challenger Sports Corp 8263 Flint St Lenexa KS 66214 INSURER B Allmeri.ca Financial Benefit Ins 41840 INSURER C Hanover Insurance Co 22292 INSURER D:Technology Insurance Company 42376 INSURERE:9BE Ins Corp 39217 _ INSURER F: COVERAGES CERTIFICATE NUMBER:CL1S1508135 REVISION NUMBER THIS IS TO CERTIFY THAT 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 CERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSRR TYPE OF INSURANCE AODL V R P Y BE POLICY SEE POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY UMA PREMISESa NI LUen $ 100,000 A CLAIMS -MADE ❑X OCCUR ZDA 9436702-04 1/1/2015 1/1/2016 MED EXP(Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERALAGGREGA'rE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 2,000,000 X POLICY PIFr.TRO- LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (E..ormcntl 1,_000,000 B X ANY AUTO BODILY INJURY (Per parson)ALL BODILY INJURY (Per accidanl) $ AUTOS AUTOS AUTOSULED A9399093 1/1/2015 1/1/2016 NON -OWNED HIRED, AUTOS r PROPERTY DAMAGE Peraceldenl $ Uninsured Melodist combined $ 11000,000 - X UMBRELLA LIAB X OCCUR - EACH OCCVRRENCE $ 5,000,000 AGGREGATE $ 5,000,000 L, EXCESS LIAB CLAIMB�MADE �HA9436692-03 DED I X I RETEN'rIDN $ 1/1/2015 /1/2016 D WORKER$ COMPENSATION WC STATU- OTH- ANDEMPLOYERS'LIABILITY YINHOI x E.L. EACH ACCIDENT $ 11000,000 ANY PRCPRIETOKPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED) (Mandatory In NH) NIA TWC3395336 1/1/2015 1/1/2016 E.L. DISEASE - EA EMPLOYE $ 11000,000 It yes. describe Intl., E.L.OISEASE POLICYLIMIT $ 1,000,000 DESCRIPTION OF OPERATIONSbat. E Participant Accident UH006104 1/1/2015 1/1/2016 AccidentAl lcal $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: British Soccer Camps Dates: British Soccer camps; Aug 9th - 15th , 2015 City of Santa Ana, its officers, employees, agents and volunteers are recognized as Additional Insured, with respect to General Liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured as required by written contract. CAcosta@santa-ana.org City of Banta Ana Attn: Carmen Acosta 20 Civic Center Plaza P.O. Box 1988 M-16 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE Kitchen/SK INS025 omnnml n1 Th. Action name and Innn era r.ln cf,.r.A mar4c of Af npre, V\\\" 4 i�K \./- ry • POLICY NUMBER: 2DA 9436702 04 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. •rr s - r r • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE City of Santa Ana, its officers, agents, and employees 20 Civic Center Plaza Santa Ana, CA 92701 Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury", "property, damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you CG 20 26 07 04 ,4) ISO Properties, Inc.. 2004 Page 1 of 1 0 ZDA 9436702 04 2901935 THIS ENDORSEMENTC1 ANGES11 E POILIC Y. PLEASE READ "I'CAREFULLY. AMATEUR SPORTS BROADENING ENDORSEMENT This endorsement rnodiflost insurance provided tinder the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM rr EINHOWM 1. Additional Insured by Gontnact, Agreement or Permit Included 2. Additional Insured - Sponsors Included 3. Additional Insured -- Subcontractor -- Aerobic Instructors, Massage Therapists, and Personal Trainers Included at. Newly Acquired or Formed Organizations - Covered until end of policy period Included 5. Aggregate Limit per Location Included 6, Alienated Promises Included 7, Bodily Injury Redefined Included 8. Broad Form Property Damage - Borrowed Equipment Included 9, Incidental Malpractice (Employed nurses, EMT's & paramedics) Included 10, Knowledge of Occurrence Included 11. Medical Payments - Increased Limit $ 10,000 12, Non -owned Watercraft 51 feet 13. Personal Injury- Broad Form Included 14. Property Damage Legal Liability (Fire, Lightning, Explosion, $500,000 Smoke or Leakage Damage) 15. Supplementary Payments Increased Limits - Bail Bonds $ 2,500 - Loss of Earnings $ 300 16, Unintentional Failirins to Disclose Hazards Included 17. Unintentional Failure to Notify Included 18. Liberalization Clause Included This endorsernentarnends coverages provided under the COrurnercel General Liability Coverage Form through new coverages, higher limits and broader coverage grants, ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT The following is added to SECTION If - WHO IS AN INSURED, Paragraph 2.: Each of the following is also an insured: Any person or organization with whom you agreed, in writing in a contract, agreement or permit to provide insurance, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to: a, "Your work" for the additional insured(;) designated in the contract, agreement or permit; b. Premises you own, rent, lease or occupy; of Cr Your maintenance, operation or use of equipment leased to YOU. This insurance applies on a primary basis if that is required by the written contract, written agreement or pormit, 421-1383 10 10 locludos copyriqhted material of Inwiiance F,erviuus OffiG(a, ins. 2004 Page I of 5 ZDA 9436702 04 29gI935 This provision doo,,,, not apply: & Unless the writer contract or written agrearnent ties been executed or permit has boor) issued prior to the "bodily injury", 'property darnage". "personal and advertising inj rit Y"� a. To any poison or organization included as an additional insured by an endorsement issued by (is and made part of this Coverage Part: if To any person or organization included as an additional insured under Paragraph 2. or 3. of this ondorsernent; D. To any lessor of equipment (1) After the equipment lease expires; or (2) If the "bodily intirrry", "property damage" and advertising injury" arises out of sole negligence of the lessor; In, To any: (1) Owners or other interests from whorn land has been leased which takes place after the lease for the land expires; or (2) Managers or lessors of promises if: (a) The 'accurrence" takes place after YOU Cease to be a tenant in that premises: or (b) The "badfly injury", "property damage", 'personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; I. To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services; or Additional insured coverage will not be provided by this provision if an insured is otherwise excluded in this policy. Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. All other insuring ng agreements, exclusions, and conditions of this policy apply. The following is added to SECTION 11 — WHO IS AN INSURED, Paragraph 2.: Each of the following is also an insured; Any financial sponsor with whom you agreed in a written contract, agreement or ponnit to provide insurance, that such person or Organization be added as in additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury', 'property damage", or "personal and advertising injury" Caused, in whole or in part, by Your acts or onlisstotrs, or the acts or Omissions of those acting on your behalf. ADDITIONAL INSURED — SUBCONTRACTOR -- AEROBIC INSTRUCTORS, MASSAGE THERAPISTS, AND PERSONAL TRAINERS SECTION 11 — WHO IS AN INSURED is amended to add as an additional insured Aerobic Instructors, Massage, Thorapiss, and Personal Trainers, With WhOrn You agreed in a written contract, agreement or permit to provide insurance, that such person or organization be added as an additional insured on your policy. Such person is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whelp or in part, by your acts or omissions or the acts or Omissions of those acting on your behalf in the performance of your ongoing operations, No Aerobic Instructor, Massage Therapist, or Personal Trainer is an additional insured with respect to any clairn arising Out Of the rendering of or failure to render professional services 4. NEWLY ACQUIRED OR FORMED ORGANIZATIONS SECTION 11 — WHO IS AN INSURED, Paragraph 3,a. is replaced by the following; a. Coverage under this provision is afforded only until the end of the policy period, 5. AGGREGATE LIMIT PER LOCATION a. Under SECTION III — LIMITS OF INSURANCE, the General Aggregate Limit applies separately to each of your "locations" owned by at, rented to you. b, The following is added to SECTION V -- DEFINITIONS: 23, "Location" means promises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad, 6, ALIENATED PREMISES Under SECTION I — COVERAGES, COVERAGE A, Paragraph 2, Exclusions, j.(2) is replaced by the following: Page 2 of 5 421-1383 10 10 Includcs copydqhed maremi of Insurance survic(-s office, b1(; 200,1 rowin ZDA 9436702 04 2901935 (2) Promises you sell, give away or abandon, if the 'property damage" arises out of any part of those premises and occurred from hazards that were known by you, or s1horild have reasonably been known by you, at the time the property was transferred or abandoned. 7. BODILY INJURY REDEFINED Under SECTION V — DEFINITIONS, Paragraph 3. "bodily injury" is replaced by the following: 1 "Bodilyinjury" means bodily injury, disability, sickness or disease Sustained by a person, Including death resulting from any of these at any time, "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". 8, BROAD FORM PROPERTY DAMAGE — BORROWED EQUIPMENT a. Under SECTION I — COVERAGES, COVERAGE A, Paragraph 2. Exclusions, item j. is amended as follows: Paragraph (4) does not apply to "property damage" to borrowed equipment arising[ out of your operations or while at your location. In, The Insurance, afforded under this provalon is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 9. INCIDENTAL MALPRACTICE Employed Nurses, EMT's and Paramedics Under SECTION 11 — WHO IS AN INSURED, Paragraph 2.a.(1)(ch does not apply to a nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, pararnedical, surgical, dental, x-ray or nursing services, 10. KNOWLEDGE OF OCCURRENCE Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2, Duties In The Event Of Occurrence, Offense, Claim or Suit, Paragraph e, is added as follows. e. Notice of an "occurrence", offense, claim or "suit" will be considered knowledge of the insurer[ if reported to an individual named insured, partner, "executive officer" or an "employee" designated by you to give LAS Such a notice. 11, MEDICAL PAYMENTS — INCREASED LIMITS a, Under SECTION I — COVERAGES, COVERAGE C, Paragraph a.(2) is replaced by the following: (2) The expenses are incurred and reported to LAS Within Inlet, years of the date of the accident; and b, Under SECTION III — LIMITS OF INSURANCE, Paragraph 7. is replaced by the following T Subject to S. above, the higher of: a. $ 10,000; or lb. The amount shown in the Declarations for Medical Expense Limit is the most We Will Pay under COVERAGE C for all medical expenses because of "bodily injury" Sustained by one person. (3) This coverage does not apply if COVERAGE C — MEDICAL PAYMENTS is excluded either by the provisions of the Coverage, Form or by endorsement. 12. NON -OWNED WATERCRAFT Under SECTION I — COVERAGES, COVERAGE A Paragraph 2. Exclusions, U.(2) is replaced by tlo following: (2) A watercraft you do not own that is: (a) Lose than 51 feetlong; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft, 13. PERSONAL INJURY — BROAD FORM a. Under SECTION I — COVERAGES, COVERAGE B, Paragraph 2,e. is deleted in its entirely, lb. Under SECTION V — DEFINITIONS, definition 14, "Personal and advertising injury": (1) Paragraph b. is replaced by the following; b. Malicious prosecution or abuse of process; (2) Paragraph d, is replaced by the following: d. Oral or written publication, in any manner, or televised or videotaped publication of material that Slanders or libels a parson or organization or disparages a person's or 421-1383 10 10 Includes copyrighted malarial of insurance Services Offirri. Ino 2004 VAA Page 3 of 5 ZIDA 9436702 04 2901935 organization's goods, products or w-)rvices: c. Under SECTION III — LIMITS OF (3) Paragraph a. is replaced toy the INSURANCE, Paragraph 6, is replaced by the following: following: 0. Oral or written publication, in any 6. Subject to 5. above, tho higher of: Manner, or televised or videotaped a. $500,000; or publics tion of niatarial that violates a ' person s right of privacy: b� The FLightning, Explosion, Smoke (4) Paragraph h. is added at, follows: Or Leakage From Fire Protective Systems Damage Limit shown in the h. Discrimination (unless insurance Declarations, thereof is prohibited by law) that is the most we will pay Linder COVERAGE results in injury to the feelings or A for damages because of "property reputation of a natural person, but damage" from fro, lightning, explosion, Only if such discrimination is; smoke and leakage from fire protective (I) Not done intentionally by or at systems to premises, while rented to you the direction oh or temporarily occupied by you with (a) The insured; permission of the Owner. (b) Any officer of the corporation all. Under SECTION IV — COMMERCIAL director, stockholder, partner or � GENERAL LIABILITY CONDITIONS, (nerTmer, of the insured; and Condition 4. Other Insurance, paragraph b.(2) is replaced by the following: (11) Not directly or indirectly related to an "employee", nor to the l (2) That is fire, lightning, explosion, employment, prospective employment smoke or leakage from fire protective or termination of any person 014 systerns insurance for premises persons by an insured. rented to you or temporarily occupied by you with permission of the owner; c. This coverage does not apply if COVERAGE 01' 8 — PERSONAL AND ADVERTISING INJURY is excluded either by the provisions of e, Under SECTION V — DEFINITIONS, definition the Coverage Form or by endorsoment, 9, 'Insured contract", Paragraph a. is replaced by the following: 14. PROPERTY DAMAGE LEGAL LIABILITY (Fire, Lightning, Explosion, Smoke or Leakage from a� contract for a lease Of atomises. Fire Protective Systems Damage) However, that portion of the contract for a a. The word fire is changedlease to fire, lightning, of premises that indemnifies any person or organization for darnage by fire, explosion, smoke and leakage from fire lightning, explosion, smolo, or leakage protective systems where it appears in the train fire protective systems to premises Limits of Insurance section of the Declarations while rented to you or temporarily for the Commercial General Liability Coverage Occupied by you with permission of the Fort m owner is net an "insured contract". b. Under SECTION I — COVERAGES, C This coverage does not apply if Fire COVERAGE A, the last paragraph (after the Legal Liability of COVERAGE A is excluded exclusions) is replaced by the following: either by the provisions of the Coverage Part Exclusions c. through n, do not apply to or by endorsement, damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you Or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION H[ — LIMITS OF INSURANCE. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, fighting, explosion, smoke or leakage from fire protective systerns, or any combination of the five. Page 4 of 5 421-1383 10 10 1 rodu d es copvrighted material of I osw a, ice Services Offk;e, Inc. 2004 `\\A ZDA 9436702 04 2901935 15. SUPPLEMENTARY PAYMENTS INCREASED LIMITS Under SUPPLEMENTARY PAYMENTS COVERAGES A AND 8, paragraphs 1.b. and 1.d. are replacod by the following: 1.b, Up to $2500 for cost of bail bonds required because of accidents or traffic law violations, arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies, We do not have to furnish these bonds, 1.d, All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "salt", including actual loss of earnings up to $300 a day becauso of time off from work, 17. UNINTENTIONAL FAILURE TO DISCLOSE WAZ,1'2DS Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 61 Representations, Paragraph d. is added as follows: d. We will not disclaim coverage under this Coverage Forrn if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional, '18. UNINTENTIONAL FAILURE TO NOTIFY Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 2, DLItj09 In The Event Of Occurrence, Offense, Claim or Suit, Paragraph f. is added as follows: C Your rights afforded under this policy shall not be prejudiced if You fail to give LIS notice Of an "oco.irrence", Offense, claim or "suit", solely due to your reasonable and dOCUrnonted hollef that the "bodily injury" or "property damage" is not covered under this policy. 19, LIBERALIZATION CLAUSE Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following condition Is added: Liberalization Clause It we adopt any revision that would broaden the coverage under this Coverage Form Without additional premium, within 45 days prior to or during the policy period, the broadened coverage will Immediately apply to this Coverage Form. Page 5 of 5 421.1383 10 10 htcludes nallyrighfad Inaienal nt 111surninoo Senvtoiti CsfirxInc 2004 r1/20/2016 ATE IMMIODIYYYY). C" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR. NEGATIVELY AMEND, EXTEND OR ALTER, THE COVERAGE AFFORDED BY THE POLICIES BELOW', THIS CERTIFICATE, OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE. ISSUING INSURER,(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 niot confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Lyshon ,Tackson Risk & insurance Consultants, Inc PHO,N�o,Extj: (404)459-5975 {AC,Nnj:(404)a59-5976 541E Glenridge Drive aE,OMAIILSs:.ljackson@riskinsuranceco.com INSURERIS) AFFORDING COVERAGE NANO tt .Atlanta GA 30342 INSURER Massachusetts Hay Ins 22306 INSURED INSURER B Allmerica Financial Alliance Ins Co 10212 Challenger Sports Corp INSURERc:Hanover Insurance Co 22292 8263 Flint St INSURERD:Technology Insurance Company 42376 INSURER,E :QBZ Ins Corp 39217 Lenexa KS 66214 INSURER C0VFRAC;F9 C.FPTIFIrATF NI IMRFP-CL15123111050 I?FVICIY9N NI IMRPP- THIS IS TO CERTIFY THAT 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 CERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOINSDL.SU ®. POLICY NUMBER _-. MMlOC YXYY' MMID6YY'Y ... LIMITS X COMMERCIAL. GENERAL LIABILITY EACH OCCURRENCE ',.. $ 1,000,000 A CLAIMS -MADE X OCCUR '..... .......... ..... .. .... DAMAGE TO RENTSrr 100,000 PREMISE5(Ea.occurrence) $ _..... ZDA 9436702-04 1/1/2016 1./1/2017 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000' .. GFN'L AGGREGATE LIMIT APPLIES PER:: ... ....... GENERAL AGGREGATE $ 2,000,000 PRO- POLICY X2,000,000 ......., _.... JECT LOC PRODUCTS - COMP/OP AGO $ 2, 000 , 000... OTHIER Employee Benefits Liability $ 1, 000, 000 AUTOMOBILE LIABILITY ....._. COMBINED SINGLE LIMIT $ 1,000,000 .LB. accident) ....._ _... H X... ANY AUTO _. BODILY INJURY {Per person) $ _. ALL OWNED SCHEDULED ADA9394043 1/1/2016 1/1/2017 AUTOS AUTOS BODILYINJURY (Per accident) $ NON -OWNED PER nl} DAMAGE $ _. PROPERTY HIRED AUTOS AUTOS, qP Uninsured motorist combined $ 1,000,000 X.... UMBRELLA LIAR x OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESSLIAB .. CLAIMS -MADE. AGGREGATE $ 5,000,000 DEC X RETENTION$ 0 UR.A9436692-04 1/1/2016 1/1/2017 : $ WORKERS, COMPENSATION x PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER. ANY PROPRIETORYPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICED ER EXCLUDED? N/A TWC3451515 1/1/2016 1/1/2017 (Mandatory in NH) Mandatory in E.L. DISEASE - EA EMPLOYEE $ 1,000,000 It yes, describe under .... DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E, Participant Accident AHH006104 1./1/2016 1/1/2017 Accident I Medical $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule,may be attached If more space Is required) Minikickers w Dates: February 15th - March 30th 2016 (,:CK 111-I4;A I It HL)LIJ SCuevas@santa--ana.org SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: Silvia Cuevas ACCORDANCE WITH THE POLICY PROVISIONS. 726 S Center Street Santa Ana, CA 92704 AUTHORIZED REPRESENTATIVE ISteve Mo1ir1a/IFCCKY - Q 1988-2014 ACORD CORPORATION. All rights reserved.. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 0nt4ni i Additional Named Insureds Other Named Insureds Challenger Sports Canada Corp, Insured Multiple Names Challenger Sports Teamwear LLC Limited Liability Company, Insured Multiple Names Soccer Pius inc Corporation, Insured Multiple Names Sports Management Group LLC Limited Liability Company, Insured Multiple Names Tetra Brazil Soccer LLC Limited Liability Company, Insured Multiple Games QFAPPINF (02/2007) COPYRIGHT 2007, ANTS SERVICES ING I ZDA 9436702 05 2901935 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 N-16-RIMM A&Tdd 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana its officers, employees, agents and volunteers, 20 Civic Center Plaza, Santa Ana, Ca 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ___..__..__ __________ A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less, This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, Page 1 of I CG 20 26 04 13 @ Insurance Services Office, Inc., 2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, Other insurance - Primary and Non -Contributory (Additional Insured) Tnis endorsement modifies m3ura-)ce provided Linder the following C&N,]NIERCIAL GEiN'ERAL LIABILITY COVERAGE PART The following is acided to Section IV— Commercial General Liability Conditions 4, Other Insurance Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured Under Section 11 — Who is An Insured, is primary and non-contributory, the following applies; if other valid and collectible insurance is available to the Additional Insured for a loss live cover under Coverages A or B of this Coverage Part, our obligations are limited as follosys� 0 1 � rimary Insurance This insurance is primary to other insurance that is available to the Additional InSUred which covers the Additional Insured as a Named Insured. Yle will not seek contribution frorn any other insurance available to the Additional Insured except: i, For the sole negligence of the Additional Insured-. ii. when the Additional Insured is an Additional Insured under another primary liability policy-, or iii. when 2. 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 ,vith all that Other insurance by the method described in 3. below 2. Excess Insurance This insurance is excess over: (1) Any of the other insurance. whether primary excess contingent or on any other basis, (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work", (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance Purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion gl, of Section I — Coverage A — Bodily Injury And Property Damage Liability. vVhen this insurance is excess, we will have no duty Linder Coverages A or 8 to defend the mSuired 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 antited to me insured's rights against all those other insurers.. 'Nhen this ns',�rance is excess over oflrer insurance IN;-' .vl1Il Da'J 001 our Share Of the afTIOunt Of t,'re loss if any �a! e6lo+ the SUIT cf� that Pa P 421.0452 06 07 ZDA '-436702 04 290', 1 �:j3-5 l I The total amount than all such other I T-1 ' SUra nce y�voi.dd pay for the loss in We af)sa-nce of th:s inSLKFlnce' and (2) The total of afl deductble and sell - insured amounts under all lhat other insurance. We �xill 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. 42 1-0452 06 07 3. Method Of Sharing If al) of the other insurance permits ccntrjbi-,iUon by equal shares, we will follow this method also Under this approach each insurer contributes equal amounts Until it has paid its appkable limit of insurance or none of the loss remains, vilhichever 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 applicabie limit of insurance to the total appticable limits of insurance of all insurers. A f �3 I' rI C' oe*'11'r' r f-F., r Jj'j, f 7) ZOA9436702042901835 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the fo|lowing� COMMERCIAL GENERAL LIABILITY COVERAGE FORM SUMMARY OF COVERAGES t Additional Insured byContract, Agreement orPermit Included 2. Additional Insured —Sponsors Included 3, Additional Insured — Subcontractor — Aerobic Instructors, Massage, Therapists, and Personal Trainers Included 4. Newly Acquired orFormed Orgun�zuUonu Covered until end cf policy period Included 5. Aggregate Limit per Location Included 6. AWenahadPremiees Included 7. Bodily Injury Redefined Included 8. Broad Form PropertyDamage- Borrowed Equipment Included $. Incidental Malpractice (Employed oumea. EMT^m Q paramedics) Included 10. Knowledge ofOccurrence Included 11. Medical Payments Increased Limit $ 10^000 12. Non'mwnedNateronaft 51 feet 13. Personal Injury Broad Form Included 14. Property Damage Legal Liability (Fire, Lightning, Explosion, $580.0010 Smoke orLeakage Damage) 16. Supplementary Payments Increased Limits ' Bail Bonds $ 2.508 -LooaofEarningo $ 308 16. Unintentional Failure to Disclose Hazards Included 17. Unintentional Failure to Notify Included 18. Liberalization Clause Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher limits and broader coverage grants. 1. ADDITIONAL INSURED BY CONTRACT, AGREEMENT ORPERMIT The following is added to SECTION U —VVHO IS ANINSURED, Paragraph 2.: Each cfthe following iualso mninsured: Any person or organization, with whom you agnoad, in writing in m c:ntraot, agreement or permit to provide inauranoe, that such person or organization be added asamadditional insured on your policy. Such person or organization is an additional Insured only with respect to: o. "Your work" for the additional insured(s) designated inthe contract, agreement ur permit; lb� Premises you own. rent. lease or000mpy� or o. Your roeinhananue, operation or use of equipment 8eosedLoyou. This insurance applies on a primary basis if that iarequired bythe written contract, written agreement orpermb , � v*�` w� tee 42113831010 Includes copyrighted materiai ofInsurance Services Office, Inc, 2004 This provision does not apply: d. Unless the written contract or written agreement has been executed or permit has been issued prior to the "'bodily injury", '' property demage^. "personal and advertising injurY^; 3. *. To any person or organization included as an additional insured by an endorsement issued byueand made part ofUnfmCoverage Part; f. To any person or organization included as an additional insured under Paragraph 2.or3. of this endorsement; g. To any lessor of equipment: (1) After the equipment lease expires�mr (2) M the "bodily injury", "property damage", "personal and advertising injury" arises out of sole negligence of the lessor-, (1) Owners orother interests from whom hand has been leased which takes place after the lease for the land expires; or (2) Managers orieaaonsofpremisesif: (a) The ^nocunanoe^ takes place after you cease to be a tenant in that pnamioes�or (b) The "bodily injury". "property damage", "personal and advertising injury/ arises out of structural a|tensdono, new construction or demolition operations performed by or on behalf ofthe manager or|eaeor� i To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services; or Additional insured coverage will not be provided by this provision if an insured in otherwise excluded inthis policy. Additional insured coverage provided by this provision will not be broader than coverage provided No any other insured. All other insuring ognaemanta, exdusions, and conditions of this policy apply. Such person or organization is an additional insured only with respect to Dmhi|hy for "bodily injury. "property damage", or ^ponmmm| and advertising injury" oeueed, in whobaurin part,by your acts or omissions, or the acts or omissions of those acting onyour beheif, ADDITIONAL UNSURED— SUBCONTRACTOR — AEROBIC INSTRUCTORS, MASSAGE THERAPISTS, AND PERSONAL TRAINERS SECTION O —VVHO IS AN INSURED is amended to add as an additional insured Aerobic Instructors, Massage Therapists, and Personal Trainers, with whom you agreed in m written oontrao1, agreement or permit to provide inouranoe, that such person or organization be added an an additional insured on your policy. Such person is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whoIo or in part, by your mota or omissions or the acts or omissions of those acting onyour behalf inthe performance ofyour ongoing operations, No Aerobic Instructor, K8goVage Thecm9imL. or Personal Trainer is an addtimmm| insured with respect to any claim arising out of the rendering of or failure to render professional services. /L NEWLY ACQUIRED OR FORMED ORGANIZATIONS SECDONU—VVHO{S ANINSURED, Paragraph 3.a.|oreplaced bythe following: a. Coverage under this provision is afforded only until the end cfthe policy period. 5. AGGREGATE LIMIT PER LOCATION a. Under SECTION N — LIMITS OF INSURANCE, the General Aggregate Limit applies separately to each ofyour ^lonobonm^ owned byorrented tuyou. b. The following is added to SECTION V — DEFINITIONS: 33. "Location" means premises involving the same or connecting lnts, or premises whose connection is interrupted only by street, roadmmy, waterway or right-of-way of railroad. 6. ALIENATED PREMISES 2. ADDITIONAL INSURED —SPONSORS Under SECTION {— COVERAGES, COVERAGE The foIlowing is added to SECTION || —VVHC) IS A, Paragraph 2 Exclusions, AN INSURED, Paragraph 2: the following: Each of the following iealso am|noured� Any financial sponsor with whom you agreed in a written oontraot, agreement or permit to provide insurance, that such person or organization be added anmnaddibona|insured onyour policy, aQe�of� 421-1�38310 10 Includes copyrighted material minsurance Services Office, mr,000* ` N. 41 (2) Premises you oeU, give away or abandmn, if the "property damage" arIseaout mfany part of those premises and occurred from hazards that were known by you, or should have reasonably been known byyou, a1the time the property was transferred orabandoned. BODILY INJURY REDEFINED Under SECTION v— DEF|N|TUONS. Paragraph 3. "bodily injury" isreplaced bythe foUovxing� 3. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a pemon, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". BROAD FORM PROPERTY DAMAGE — BORROWED EQUIPMENT m. Under SECTION U — COVERAGES, COVERAGE A, Paragraph 2. Exclusions, item ].imamended asfollows: Paragraph N@ does not apply to "property damage" tuborrowed equipment arising out cf your operations o/while mtyour location. b. The imounenoo afforded under this provision is excess over any other valid and collectible property insurance (incIuding deductible) available to the insured whether primary, excess, contingent oronany other basis. INCIDENTAL MALPRACTICE Employed Munses, EN1T'sand Paramedics Under SECTION |) — WHO IS AN INSURED, Paragraph 2.u.(1)(d) does not apply to a nurae, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing, medical, pammedium|, surgical, denta8, x-ray or nursing services, 10\KNOWLEDGE OfOCCURRENCE Under SECTION [V—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties In The Event Of Ooourr*nce, Offense, C|m|mn or Suit, Paragraph o. is added as follows-. e. Notice of an "occurrence", offenae, claim or "suit" will be considered knowledge of the insured If reported to on individual named insured, partner' "executive officer" or an "employee" designated byyou togive us such ano*imm. 11. MEDICAL PAYMENTS —INCREASED LIMITS e. Under SECTION | — COVERAGES, COVERAGE C, Paragraph a.(2) is replaced by the follow�ng: (2) The expenses are incurred and reported to us withhn three years of the date of the accident-, and b` Under SECTION U| — LIMITS OF INSURANCE, Paragraph 7. is replaced bythe 7. Subject toS.above, the higher of: b. The amount shown inthe Declarations for Medical Expense Limit lsthe most we will pay under COVERAGE C for all me6ce| expenses because of "bodily injury" sustained by one person. (3) This coverage does not apply if COVERAGE C—MEDICAL PAYMENTS ieexcluded either by the provisions ufthe Coverage Form or by endorsement. 12. NON -OWNED WATERCRAFT UmdarSECTKON|—COVERAGES, COVERAGE A^ Paragraph 2. Exclusions, Q.(2) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 61 feet long; and (b) Not being used to carry persons or property for acharge; This pnuv�aion applies to any permon, who with your consent, either uses orie maapunoibIefor the use of a watercraft. a. Under SECTION | — COVERAGES, COVERAGE B' Paragraph 2.e. is deleted in its entirety. b Under SECTION V—DEFINITIONS, definition 14L"Personal and advertising injury": (1) Paragraph b` is replaced by the following: b` &8mU6oua prosecution orabuse of (2) Paragraph d., is replaced by the following: d. Oral or written publicaUon, in any monney, or televised or videotaped publication ofmaterial that slanders or libels o person or organization or disparages aperuon'sor 421438310 10 Includes copyrighted material mInsurance Services Office, |ouzon4 organizeiom's Aooda, products or services; CU Paragraph e. is replaced by the following: e. Oral orwritten pubHoetion, in any mnanner, or televised or videotaped publication of material thotvioiatea a peraun'sright ofprivacy; (4)Paragraph h.inadded mofollows: h. Discrimination (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural pennnn, but only if such discrimination in: (|) Not done intentionally by or at the direction of (e) Theinaured� (b)Any officer of the corporation, director, stockholder, partner or member of the insured; and (ii) Not directly or indirectly neiated to an "employee", nor to the amploymert, prospective employment or &arm|nafiom of any person or persons byaninsured. c. This coverage duaa not apply if COVERAGE B — PERSONAL AND ADVERTISING INJURY inexcluded either bythe provisions Pf the Coverage Form nrbyendorsement. 14. PROPERTY DAMAGE LEGAL LIABILITY (Fire, Lightning' Explosion, Smoke or Leakage from Fire Protective Systems Damage) a The word fire inchanged tofire, lightning, explosion, smoke and leakage from fire protective systems where it appears in the Limits ofInsurance section ofthe Declarations for the Commercial General Liability Coverage Form. b. Under SECTION | — COVERAGES, COVERAGE 4, the last paragraph (after the exclusions) is replaced bythe following: Exclusions o. through In. do not apply to damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or tempormriXy occupied by you with the permission of the owner. Aaeparate limit ofinsurance applies to this coverage as described in SECTION III — LIMITS C}FINSURANCE. This limit will mppiy toall damage proximately caused bythe same eward, whether such damage results from fire, lightning, oxp|oo[om, smoke or leakage from fire protective systems nrany combination of the five. o. Under SECTION |U — LIMITS OF INSURANCE, PmragrePh6. is replaced by the 6. Subject to 5. above, the higher of. a. $500.000;ur b. The Fire, LkJhhning, Explosion, Smoke or Leakage From Fire Protective Systems Damage Limit shown in the 0eo|anationa, is the most wewill pay under COVERAGE A for damages because of "property damage" from One' |[0htning, exp|muiom, smoke and leakage from fine protective systems to premiaes, while rented to you or temporarily occupied by you with permission ofthe owner, d. Under SECTION |V — COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other |nsuramn*, paragraph b.(2)ioreplaced bythe following: b. (2) That is fire. 0ghtmin8, expXnoion, smoke orleakage from fire protective systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; or e. UnderSECTIONV—DEF|NOrIONS,definition g."Insured contrect". Paragraph a.isreplaced bythe following: m. A contract for a lease of premises. However, that portion ufthe contract for a lease of premises that indemnifies any person or organization for damage by fire. Ughtning, mxp|nnion, smoke or leakage from fire protective systems to ppem�oem while rented to you or 0annponah|y occupied by you with permission of the owner imnot am"insured oontraot". f. This coverage does not apply if Fire Damage Legal Liability ofCOVERAGE Aieexcluded either by the provisions of the Coverage Part orbyendorsement. 421138,31010 Includes copyrighted material uvInsurance Services Office, Inc. zon4 Page 4 of 5 15.SUPPLEK@ENTARY PAYMENTS INCREASED 1D.UNINTENTIONAL FAILURE TO NOTIFY U&UUTS //~^~.corrmwx/ rn1%,m00f1/^1 ,zCmCO^/ Under SUPPLEMENTARY PAYMENTS COVERAGES A AND B, Paragraphs 1.b. and 1.d.are replaced bythe following: 1�z Up to $2500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. VVednnot have hofurnish these bonds, 1,d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or ^mug., including actual loss of earnings up to $3OOaday because oftime off from work. Under SECTION [V—COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 6. Representations, Paragraph d. is added as follows: d. We will not disclaim coverage under this Coverage Form if you fail to disclose all hazards existing emofthe inception date ofthe policy provided such failure in not intentional. ".~=. "�".°'" .° _�"�=�°"."�~,�"�°"� LIABILITY CONDITIONS, Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit, Paragraph tiaadded aafollows. t Your rights afforded under this policy shall not be prejudiced if you tmi[ to give us notice of an ^000urrenoe^, offense, claim or ^suit", solely due toyour reasonable and documented belief that the "bodily injury" or "property damage" in not covered under this pofioy, 18.LIBERALIZATION CLAUSE Under SECTION [V—COMMERCIAL GENERAL LIABILITY COND|ThONS, the following condition is added: Liberalization Clause If we adopt any revision that would broaden the coverage under this Coverage Form without additional premium, within 45 days prior to or during the policy period, the broadened coverage will immediately apply tothis Coverage Form. Page 5 of 5 42143831010 Includes copyrighted material of Insurance Services Omnm |pczon*