School Fitness Program - User Agreement

Match Play Charitable Trust ("Match Play™") and _______________________, ("User") enter into this agreement ("Agreement") regulating the use of the "Match Play Electronic Timer" (the "Equipment") which includes the: Digital time display serial #_________________; Four (4) Photo sensors serial #s __________, __________, __________, __________; Four (4) Tripods; Timing display stand, Hand switch; Case and Measure Meter.

1. Ownership The "Equipment" including all components set forth above and any other components which may be added or updated from time to time is and shall remain the sole and exclusive property of Match Play (other than sold units). The "Equipment" may be jointly or temporarily used in other locations at the discretion of Match Play. No provision of this agreement shall be interpreted to convey anything to "User" except the right to use the "Equipment" within the limits set forth in this Agreement. Match Play reserves the right to pick up the "Equipment" at any time.

2. The "User" agrees to the following:

   1. To complete at least one (1) of the following events per student per week: Mile 3rd grade+, 800 yds/800 meters, 440 yds/400 meters, 220 yds/200 meters, 100 yds, 100 meters, 40 yds, Presidential shuttle run, 100 yds 4/5 cone zig-zag, 4/5 cone zig-zag basketball dribble, or ladders 7 cones / 80 yds.
   2. To supply batteries and keep extra batteries on hand.
   3. To take reasonable and necessary precautions to store and safeguard the "Equipment".
   4. To report any "Equipment" damage immediately to Match Play. Repair or replacement amount will be paid within 30 days or offset against any future compensation earned.
   5. To ensure use of the "Equipment" by all, rather than allowing the "Equipment" to be used primarily for limited participation sports teams.
   6. To not modify or duplicate the "Equipment" and to prevent others from modifying or duplicating the "Equipment".
   7. To maintain and not permit the removal of any advertising placards/sponsor material.
   8. To report any loss or theft of the "Equipment" immediately to Match Play and/or local authorities if appropriate, and to compensate Match Play $1,7500.00 for the lost "Equipment" of offset against any future compensation earned.
   9. To permit inspection of the "Equipment" and its use by Match Play or its advisory committee.
   10. To promote the "Family Get Fit" Achievement Program.

3. "User" agrees to report by email to the local Match Play advisory committee, email address ______________________ the total number of students in the school and the percentage of the student body participating who have completed at least four (4) events.

   1. First reporting date _________________, twenty (20) days after the first three (3) months.
   2. Second reporting date _________________, twenty (20) days after the first six (6) months.
   3. Last reporting date _________________, twenty (20) days before the end of school with Certificate of Awards distributed before the end of school with a minimum of four (4) events.

   *Failure to report on a timely basis or to meet at least a 60% participation can result in recalling the "Equipment".

4. Compensation program based on student participation - up to $2,000 with first priority to the physical education program if funds are available. Must be on the program for at least five (5) months to qualify.

   1. 60% - 69% participation = 60% compensation
   2. 70% - 79% participation = 70% compensation
   3. 80% - 89% participation = 80% compensation
   4. 90% - 95% participation = 90% compensation
   5. 96% - 100% participation = 100% compensation

5. Summer Program: The school can receive up to $100 per event for a maximum of two (2) events if funds are available.

6. Liability: "User" assumes any and all liability for damages or injury to person or property which may arise from the use or misuse of the "Equipment". Further, "User" agrees to indemnify, defend and hold Match Play harmless from such liability.

Form T3