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I ITNESS EsreRo. FroRror 3392a PHFnSeRVrcEs@AoL.coM

fTERVICES PHoNe:239-405-2723 Fax:239-405-7469

PREVENTIVE MAINTENANGE AGREEMENT

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FACILITY Nerae
' pHoNE
oNSrrEcoNTm FAX
ADDRESS DATE

BILLING CONTACT PHONE

BILLING ADDRESS FAX
GATE CODES
EMAIL ADDRESS

1. PHOENIX FITNESS SERVICES, lNC. (' PFS") in consideration of the sum of g%f.A
per visit each quarter, hereby agrees to provide on-site preventive maintenance inspection and
cfeaning service as further set forth herein, tor all commercral pieces of exercise equipment (the
"equipment") located at the above address.

2. The term of thiqpgreement shall be from the date hereof and including the termination
date, December 31't, zOL-

3. The services to be rendered by PFS shall include all labor necessary for making
quarterly visits, each such visit should include lubrication, cleaning, inspection, repair
recommendation, minor adjustments (as necessary) and furnishing of lubricant and/or cleaning
solutions. All inspections shall be done in accordance with industry standards.

4. ln the event that work in addition to that specified in paragraph 3 above shall be
mutually determined to be required ("AdditionalWork"), such AdditionalWork shall be performed
by PFS during normal business hours at a discounted service call fee of $ 25.00 (std $ 90.00) and
a hourly rate of $ 60.00, excluding travel time. Emergency services or service at times other than
normal business hours will be provided by PFS, subject to available personnel and PFS sole
discretion, at the rate of $ 100.00 per hour and a service call fee of $ 60.00. All Additional Work
shall be pursuant to a written proposal using PFS standard form.

5. All parts required to make repairs to the Equipment that are not covered under the
manufacturer's warranty for such Equipment shall be purchased by the undersigned at the
manufacturer's current retail price.

6. This Agreement may be terminated by either party upon thirty (30) days advance
written notice given to the other party. Fax notice shall be considered valid notice under this
Agreement.
 7. The undersigned understands that, for safety reasons, PFS and all manufacturers
recommend daily inspection of all Equipment by facility staff.

Caveat: This Agreement shall not be construed as an assumption by PFS of any risk of loss or
liability due to the undersigned's failure to routinely inspect (or negligent inspection of) the
Equipment by its own staff. PFS recommends a daily inspection, or more often, if necessary, due
to heavy use. This Agreement shall not be construed to grant or constitute any warranty, either
express or implied, relating to the life of the Equipment or the capabilities or use of the Equipment.
The only warranties that are provided for the Equipment are those of the manufacturer to the
original purchaser. PFS expressly disclaims any and all other warranties, either expressed or
implied. The undersigned agrees to promptly notify PFS in the event any of its employees or
managers become aware of any defective or unsafe conditions of the Equipment so that PFS may
perform duties under this agreement.

8. This Agreement may not be amended except in writing signed by both parties.

9. This Agreement shall be construed in accordance with the laws of the State of Florida.
Venue for any legal action arising out of this Agreement shall lie in Lee County, Florida. In the
event there shall be any litigation between the parties, the prevailing party shall be entitled to
recover from the other party its reasonable attorney fees, including appellate fees and court costs.

10. All unpaid balances under this agreement shall bear interest at the rate of 5% per
month, simple interest, in the event that such invoice is not paid within twenty (20) days from the
date rendered.

Print:
(Authorized Representative)

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