FACILITIES USE AGREEMENT
Golf Instructor

THIS FACILITIES USE AGREEMENT (“Agreement”), is made as of the “Effective Date” as hereinafter defined, by and between FACILITY NAME, LP, a STATE limited partnership (“Training Center”), and the below-signed golf instructor NAME OF INSTRUCTOR(“Instructor”).

RECITALS

  1. Training Center is the owner of FACILITY NAME (“Training Center”) which is situated on the premises of GOLF COURSE OR LOCATION NAME & ADDRESS.
  2. Training Center leases the premises where the Training Center is situated and owns or leases certain teaching equipment, which is useful to the Instructor (collectively the premises and equipment are referred to as the “Teaching Facilities”).
  3. Instructor desires the use of the Teaching Facilities under the terms and conditions hereinafter expressed.

AGREEMENTS

In consideration of the mutual promises and agreements contained herein, Training Center and Instructor agree as follows:

  1. Under the terms and conditions hereinafter expressed, Training Center hereby licenses Instructor to utilize the Teaching Facilities in order to provide golf instruction to their Students (“Instructor Services”).
  2. Instructor will determine the method, details, and means of performing the Instructor Services and Training Center shall have no right to and shall not control the manner nor determine the method of accomplishing the Instructor Services, except as may be specifically provided herein. Instructor shall perform all Instructor Services as contemplated herein in a good and workmanlike manner so as to uphold the good name and reputation of Training Center. Nothing in this Agreement is intended to create a relationship of employer-employee orprincipal-agent between the parties. Instructor agrees to be solely responsible for all taxes attributable to any compensation earned by him arising out of the use of the Teaching Facilities.
  3. Instructor agrees to indemnify, defend and hold harmless Training Center, its subsidiaries and affiliates, their respective partners, officers, directors, agents, servants and employees of and from any and all liability, claims, liens, demands, actions and causes of action whatsoever (including reasonable attorney’s fees and costs) arising out of or related to any loss, cost,

damage or injury, including death, caused by or raising from Instructor’s use of the Teaching Facilities. Instructor is responsible for the cost of repair for any damage to any of the equipment owned or utilized by Training Facility which is caused by Instructor or Instructor’s student(s), and shall promptly notify Teaching Facility of any such damage.

  1. Training Center is entering into this Agreement in reliance on Instructor’s ability to perform the Instructor Services called for herein, in accordance with generally accepted standards for Instructor’s profession; in a timely manner; and in compliance with all applicable federal, state and local regulations, codes and ordinances affecting the Instructor Services. Before utilizing any of the training equipment, Instructor agrees that they shall have been trained in the proper use of such equipment at their sole cost and expense. Such training may be conducted at the teaching facility or at a certified class arranged by the manufacturers of such training equipment.
  2. Instructor is free to work for any number of persons or firms during the term of this Agreement and may hire and compensate its own employees as may be needed by Instructor from time to time to fulfill Instructor’s obligations herein. Instructor shall be solely responsible for the supervision of its employees in the performance of their duties at the Teaching Facilities.
  3. Instructor may not use the Teaching Facilities for any other business other than provision of the Instructor Services.
  4. Instructor agrees that Instructor shall furnish all supplies utilized in the performance of the Instructor Services, at Instructor’s expense, and all expenses incurred by Instructor in the performance of the Instructor Services hereunder shall be borne by Instructor.
  5. Should Instructor hire any employee to fulfill the Instructor’s duties under this agreement the Instructor is solely responsible for payment of any taxes, health and/or workers compensation insurance pursuant to applicable Federal, State or Local laws.
  6. At the request of Training Center, and subject to applicable laws, Instructor and his/her employees shall submit to a test for the presence drugs.
  7. Instructor represents to Training Center that he/she has not been convicted of any criminal offense, nor are they as of the Effective Date the subject of any criminal inquiry. Instructor agrees to notify Training Center immediately of a criminal conviction or the institution of any criminal inquiry while this agreement is in effect.

CONFIDENTIAL INFORMATION and NON-COMPETITION

1.Instructor acknowledges and agrees that by virtue of the opportunity to perform services at

the Training Center, Instructor will be exposed to golf instructionmethods, techniques, documents and videotapes which are unique and of great value the Training Center and developed by Training Center and the Training

Center at substantial expense and effort. Instructor further acknowledges that such instructional methods are confidential and proprietary information and trade secrets of Training Center and the Training Center and therefore agrees to maintain the confidentiality of such materials and information and will not ever use such information except in the performance of Services for the Training Center.

2. Instructor shall at all times during the Term and after termination of this Agreement hold all

information obtained in connection with this Agreement in confidence and will not at any time, either directly or indirectly, disclose any such information or make such information known to any person, organization, firm or corporation. In addition, Instructor shall not disclose any trade secrets of Training Center and/or its affiliates and subsidiaries and/or information regarding any persons taking part in Instructor’s services to any person, organization, firm or corporation. Instructor also agrees not to solicit any person taking part in Instructor’s Services in connection with any other services Instructor may perform for any other person, organization, firm or corporation. This paragraph shall survive the termination of this Agreement. Instructor acknowledges and agrees that any electronic data in any form reflecting any swing, motions or actions of professional tour players engaging in the sport of golf stored, located at or acquired from any Training Center locations are for the use of Training Center only. Nothing from any Training Center schools may be copied or in any way used elsewhere at anytime. Furthermore, contractor agrees to return any confidential material borrowed or loaned to contractor upon termination of this agreement.

INSURANCE

1. At all times during the Term of this Agreement, Instructor shall carry and maintain in full

force and effect, at its sole expense, the following insurance policies.

  1. Comprehensive General Liability insurance in an amount of $1,000,000 per
    occurrence including the following coverage: contractual liability, personal injury, broad form property damage and independent contractors;
  2. Comprehensive Automobile Liability insurance on all vehicles used in
    connection with this Agreement, in an amount of $500,000 combined single limits for bodily injury and property damage per occurrence; and
  3. Workers” Compensation insurance in accordance with the provisions of the
    Workers” Compensation Act” of the State of _____ for all its employees engaged in golf instruction at the Teaching Facilities.

TERM.

The term of this Agreement shall commence on the Effective Date hereof and shall terminate upon thirty days written notice from either party to the other; provided, however, Instructor agrees that any unethical or immoral acts, acts of dishonesty, or any other behaviors deemed unacceptableby Training Center at his sole discretion are grounds for immediate termination of this contract.

USE OF TEACHING FACILITIES

1. Instructor has the right of access to the Teaching Facilities at all reasonable times for the

purpose of instructing students in the game of golf. In this regard, Instructor agrees:

  1. To coordinate with Training Center regarding available times for access and accept Training Center’s decision as being final and conclusive on the availability of the Teaching Facilities at any particular time.
  2. To clean-up any trash or debris resulting from any golf lesson given by Instructor and to leave the Teaching Facilities in the same condition as it existed immediately prior to such golf lesson.
  3. To safeguard any keys to the Facilities and to keep confidential any alarm or door key codes permitting entry into the Teaching Facilities.

PAYMENT FOR USE OF FACILITY

1.In consideration for use of the Teaching Facilities, Instructor agrees to pay Training Center

Usage Fee as follows:

  1. Payment is due at the conclusion of each lesson unless other arrangements with Training Center have been made in advance.
  2. If the Teaching Facilities are used in connection with a golf clinic or a school, then Instructor shall remit to Training Center a sum of money equal to ??% of the gross payments received by Instructor by the persons comprising the clinic or school plusany costs incurred by Training Center as a result of such golf clinic or school. Three or more students shall constitute a “school”.
  3. Training Center agrees to collect any instructional fees paid by credit card in return for payment equal to 5% of each charge processed.
  4. Charges for instruction of two students at one time shall be $?? for the first hour and $?? for each additional hour thereafter.
  5. In the event an Instructor offers a package of lessons at a discount, then any feesassociated with such package will be paid in advance and ??% of each such fee shall be paid to the Training Center.

f.Training Center will make one or more printers available for Instructors’ use; provided

however, in the event Instructor prints more than three pages per student at any one time, then Instructor shall remit a reasonable fee to Training Center (to be determined by Training Center) for each additional printed page.

The Use Fee is subject to change by Training Center at any time.

MISCELLANEOUS

  1. Entire Agreement. This Agreement contains the entire agreement between Training Center and Instructor, and no oral statements or prior written matter not specifically incorporated herein shall be of any force and effect. No variation, modification, or changes hereof shall be binding on any party hereto unless set forth in a document executed by such parties or a duly authorized agent, officer or representative hereof.
  2. Assigns. This Agreement shall inure to the benefit of and be binding on the parties hereto and their respective legal representatives, successors, and assigns, provided Instructor shall not assign their rights under this Agreement to any person that is not affiliated with Instructor without the written approval of Training Center having been first obtained.
  3. Effective Date. The date on which this Agreement is executed by the last to sign of Training Center and Instructor shall be the “Effective Date” of this Agreement.
  4. Terminology. The captions beside the section numbers of this Agreement are for reference only and shall not modify or affect this Agreement in any manner whatsoever. Wherever required by the context, any gender shall include any other gender, the singular shall include the plural, and the plural shall include the singular.
  5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of ______.
  6. Performance of Agreement. The obligations under the terms of this Agreement are performable in COUNTY NAME, County, STATE.
  7. Venue. The parties hereto hereby consent that the venue of any action brought under this Agreement shall be in COUNTY NAME, County, STATE. provided, however, that venue of such action is legally proper in COUNTY NAME, County, STATE.
  8. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,

illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

9.Rule of Construction. The parties acknowledge that each party and its counsel have reviewed

and revised this Agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto.

IN WITNESS WHEREOF, the parties have executed this Agreement as of DATE, YEAR

“Effective Date”.

______Training Center, LP

By: ______

General Partner

By: ______

, President

Instructor: ______

Printed Name: