AGREEMENT FOR USE OF MONTGOMERY SQUARE COPENHAVER SWIM CLUB

This Agreement ("Agreement"), dated 4/7/15 , is between Montgomery SquareCopenliaver Swim Club Inc. ("MSG") having an address at 12300 Falls Road, Potomac MD20854 and ("Ursus Enterprises Inc.") having an address at 3345 Fairfield Rd, Gettysburg,PA 17325 .

PurposeIn consideration of the covenants and fees set forth herein MSG shall grant to Ursus use of itspool and facilities, upon and subject to the terms set forth below.

The basic terms of this Agreement are as follows:Term: __May 18'\ June 8'^'9^ 15^^ & 22"'̂Times of Use: 7:30am - 6pm ~ Pool usage time 8am -12pmTotal Charges: $400.00 per day

The above amount is payable as follows:~ Check at the end of the contract term.

Use

Under the terms of this Agreement, use of the pool and facilities shall be limited to swiminstruction, swim team practices, and fitness swimming for children and adults by Ursus. Ursusagrees to comply, at its expense, with all applicable laws, orders, regulations and rules,pertaining to the use of the MSG pool and facilities.

Facilities Authorized for Use

The swimming pool, tire adjacent changing area and shower room, and for licensed pooloperators, the pump room.

Scheduled Pool Use.

As set forth in Exhibit A. Schedule changes require agreement of both parties.

Supervision of ChildrenUrsus shall provide adult supervision to monitor and control children's activity at all times whileusing MSG facilities, and shall provide certified lifeguards in accordance with Maryland Stateand Montgomery Gounty Regulations.

Cleanliness and Security of SpacesMSG agrees that the areas assigned for Ursus use will be clean and orderly at the beginning ofeach session. Ursus shall insine that at the end of each session, facilities used will be left in aclean and orderly condition and exterior building doors and gates will be locked.

Ursus agrees to perform minor pool maintenance, and pickup of trash at the conclusion of eachsession as needed.

DamagesUrsus agrees to reimburse MSG for all costs incinred resulting from damage to property andequipment caused by Ursus or any third party attending, or associated, with the Ursus swim

sessions. In the interest of safety, Ursus further agrees to report any and all damaged ordefective equipment or property to MSC on a regular basis.

OperationUrsus agrees to provide licensed pool operators who will be responsible for maintaining thechemical levels in the pool within legal health standards. Ursus shall record appropriate data inthe Pool Operational Log Book on an hourly basis. Information must include reading of FreeAvailable Chlorine (FAG), pH, the number of swimmers, and any other pertinent data that mayarise during the operation of the pool.

MSC agrees to pay for pool heating costs to maintain the pool at 80 degrees Fahrenheit duringthe scheduled pool use hours defined. Ursus shall not attempt to adjust the temperature of thepool or the operation of the pool heater.

Cleaning of bathhouse and major pool operations will be the responsibility of MSC.

Indemnification

To the fullest extent permitted by law, Ursus indemnifies and agree to hold the MSC, its tmstees,officers, board members and representatives, harmless from and against any and all loss, cost,liability and expense, including attorneys' fees and disbursements, arising from or alleged to arisefrom (a) any default by Ursus hereunder, (b) the use of the MSC pool and facilities by Ursus,(c) any act or omission of Ursus or its agents, employees, contractors or invitees or (d) any injuryor death to any person or damage to property by Ursus or its agents, employees, contractors orinvitees occurring during the term of this Agreement, except to the extent such injury, death orproperty damage results solely from MSC's gross negligence and indemnification is prohibitedby law.

MSC is not liable for any claims, costs, damages, liability or losses incurred by Ursus due to thefailure of heating, cooling, or other utility equipment to operate, or due to the necessity of repair,or due to failure to provide service as herein provided unless such failure to operate or necessityof repair, denial of access, or failure to provide service results from MSC's sole negligence.

Ursus hereby releases MSC from and agrees to indemnify same against any and all claims forany such loss, damage, injury, death or liability and for costs and expenses incurred in defendingagainst such claims, including attorney fees and coruf costs.

The aforementioned indemnity and hold harmless shall apply whether the claim is between theMSC and Ursus or Ursus and a third party. The foregoing indemnification shall survive theexpiration or termination of this Agreement.

Limitation of LiabilityUrsus acknowledges that MSC and any its respective officers, board members, directors,employees, bondholders, partners, members or agents shall not be responsible for damages,direct or consequential, that may result from MSC's failure for any reason (including withoutlimitation, on account of force majeure) to furnish any service. Ursus's sole remedy for anyfailure to render any service or any delay or interruption of any service is limited to anadjustment to the charges set forth in this Agreement for the period diuing which the failure,delay or interruption continues, except that there shall be no such adjustment if you are in defaulthereunder. WITH THE SOLE EXCEPTION OF THE REMEDY DESCRIBED ABOVE, Ursus

EXPRESSLY WAIVES ANY CLAIM FOR DAMAGES, DIRECT OR CONSEQUENTIAL,SPECIAL OR PUNITIVE, ARISING OUT OF ANY FAILURE TO FURNISH ANY SERVICEOR ANY DELAY OR INTERRUPTION OF SERVICES.

General Liability InsuranceDuring the term of this Agreement, Ursus, at its expense, shall provide and maintaincomprehensive general liability insurance, insuring Ursus and MSC as their interests appear,against any and all claims for loss, damage, injury or death, or damage to property which may bemade and arising out of the use of MSC facilities under this Agreement.

The limit of Liability shall be no less than $500,000 each occurrence and $1,000,000 aggregatecombined bodily injury and property damage with personal injury included.

Such policies shall provide that they cannot be cancelled or tenninated without thirty (30) dayswritten notice to MSC and the same shall be primary and non-contributing with insurance carriedby MSC and shall contain a severability of interests clause in respect to gross liability, protectingeach named insured as though a separate policy had been issued to each.

Certificate of Insurance

Prior to any use and occupancy of the facilities granted under this Agreement, Ursus shallforward or cause to be forwarded to MSC certificate(s) of insurance as set forth above. Suchcertification shall state that Ursus's insurers shall waive all subrogation rights in respect of MSC.

Insurance to be kept in ForceFailure to keep and maintain the above specified insurance in force shall be deemed a defaultunder this Agreement and shall be considered grounds for immediate termination of same.

Inspection and RepresentationMSC reserves the right to have a representative on duty during any of the scheduled sessions.This representative shall observe and evaluate the proper conduct and care of the facilities byUrsus. Ursus shall in no way prohibit or impede such representative from making normalobservations that do not interfere with the operation of Ursus's program.

Pool Personnel has been contracted to operate the MSC pool facilities during the 2014 season.Their employees and representatives have the right to enter the pool facilities at any time asnecessary to provide for the proper operation of the pool. The presence of Pool Personnel in noway impacts, changes or reduces Ursus's personnel, supervisory or any other responsibilities orrequirements under this Agreement.

Notices

All notices and other communications shall be in writing and shall be effective when sent byregistered mail, hand delivered or received by email at the following addresses:

If sent to MSC:

PO Box 4192

Rockville MD 20850

Attention: Richard Parker

Email: parkerS943ff hotmail.com

Telephone: 240 515 4989

Or

Attention: Rita Morris

Email: iitainoiTis57@Yalioo.com

Telephone: 301 742 5582

If sent to Ursus Enterprises Inc.

3345 Fairfield Rd

Gettyshurg, PA 17325Attention: Tabitha McGlaughlinEmail: tabitha@charts411.com_Telephone: 703-879-5888

No ExclusivityUrsus recognizes that MSG shall not be bound by any exclusivity to Ursus and may use thefacilities not specifically set forth in Exhibit A for its own use or for other third party use at thesame time as Ursus. However MSG shall guarantee to Ursus a right to use the pool lanes setforth in Exhibit A. Ursus shall conduct its use of the pool so as not to interfere with others and soas not to detract from the appearance and safety standards of the pool and facilities.

MSG NeighborsIt is understood that there are some neighbors whose lots are adjacent to or in the immediatevicinity of the facilities. In respect of their right of quiet enjoyment of their properties, Ursushereby agrees to minimize the noise created as a result of this agreement by prohibiting the useof: amplified sound, radios, stereos, car horns, whistles, cheering, yelling, etc. during the use ofthe facilities and while arriving and departing.

Default

MSG may terminate this Agreement in the event of default in the payment of any charges, or inthe event Ursus fails to perfonn or comply with any other term of this Agreement. In the eventof such termination, Ursus shall immediately cease use of the pool and its facilities. If MSGterminates this Agreement for any of the reasons described in this paragraph, Ursus shall remainresponsible for its outstanding obligations under this Agreement.

-fMThis Agreement is hereby accepted this day of

Montgomery Square Copenhaver Swim Club Inc.

Print Nam^

Ursus

Tabitha McGlaughlin

Print name

Tabitha McGlaughlin_

Signature

Title

Business Manager_Title

2015.