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zogo I cRANDe oax Snoppes BLVD

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EsreRo. FroRror 3392a PHFnSeRVrcEs@AoL.coM

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


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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.


The term of thiqpgreement shall be from the date hereof and including the termination


date, December 31't,

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


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.


(Authorized Representative)


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