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HomeMy WebLinkAboutBAUTISTA, SANTIAGO-2015msunxt,t ON FILE WORK MAY PROGEM UN'ilt INSU,RANtCE.EXORES CLERK OF GOUNCItJ N- 2015 -095 DATE. JUN 15 2015 RECREATION SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 29`x' day of May 2015, by and viA between Santiago Bautista ( "Provider ") and the City of Santa Ana, a charter city and municipal �W corporation organized and existing under the Constitution and laws of the State of California ("City"}. RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide Japanese Martial Arts classes in its leisure class program. B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that he is knowledgeable in his field and that any services performed by Provider under this Agreement will be performed m compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to provide the programs set forth in Exhibit A, City agrees to pay the Provider seventy percent (70 %) of all gross revenue received from program. participants. Total revenue to Provider shall not exceed $25,000 annually. Payment to Provider shall be made within thirty (30) days following completion of the last class taught by Provider that month. City shall be responsible for collecting all fees from prograrn participants. Provider shall not collect fees but will refer all interested participants to City for registration information. Provider agrees that City shall retain thirty percent (30 %) of all gross revenue received from program participants as an administrative fee. 3. TERM This Agreement shall be from July 1, 2015 and ending on June 30, 2016, unless terminated earlier in accordance with Section 12 below. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to 'bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Provider, if Provider has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (ii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Provider fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City, 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Consultant. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will Consultant be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. LIVE SCAN BACKGROUND CHECK Providers, and any employees, subcontractors or substitutes, in contact with minors under eighteen (1S) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 9. NOTICE Any notice, tender, demand, delivery, or other cormni'mication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax (714) 647 -6956 With copy to: Executive Director of Parks, Recreation and Coxnmwrity Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa, Ana, California 92702 Fax (714) 571 -4211 To Provider: Santiago Bautista 1523 W, 6r' Street Santa Ana, CA 92703 Cell: (714) 263 -5546 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Provider or the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 11. ASSIGNMENT /SUBSTITUTES a. Assignment. The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void, b. Substitutes. In the event Provider is not able to teach a, class due to illness or some other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified substitute instructor to teach the class at its regular time and place. Provider shall ensure that substitute instructors are at least twenty -one (2t) years of age and comply with the City's insurance and live scan requirements contained herein. Evidence of compliance with City's insurance and live scan requirements shall be provided upon request. Provider must immediately notify the City of the substitute instructor's name, qualifications, address and phone number. If Provider cannot procure a qualified substitute. and the City is unable to assist in this regard, then the class shall be canceled and a make -up class must be added to the session, Provider must notify participants as soon as possible of any class cancellation and make -up class. Provider must personally teach at least seventy -five percent (75 %) of its offered classes. 12. TERMINATION a. This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. b. Termination or cancellation of classes by the Provider outside of Section I Lb, must be given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide adequate cancellation notice to the City may put firture contracting of business with the City at risk and will result in the City's retention of ten (10 %) percent of the final payment to Provider. 13. RECORDS Provider shall use attendance sheets generated and supplied by the City to record attendance in each class. Provider shall keep these and any other records in connection with the work to be performed under this Agreement and shall permit City, upon request, to review such records for a period of three (3) years from the date of final payment to Provider under this Agreement. 14. NON DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION —VENUE This Agreement has been executed and delivered in the State of Califonnia and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parries further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. LICENSES Provider shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforecability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 18. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement, 19, AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that be so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: -4/14" z--).t Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: r J M. Funk sistant City Attorney RECOMMENDED FQR APPROV GERARDO MOUE P Executive Director of Recreation and Comrr Services Agency C' 9 TA A'NA David Gravazos City Manager PROVIDER: SANTIAGO BAUTISTA Tax ID 604 -46 -8948 Exhibit A SCOPE OF SERVICES— Traditional Japanese Martial Arts /Santiago Bautista A. Provider shall conduct Traditional Japanese Martial Arts for children at various sites, age 7 & up B. Provider shall teach such or similar classes (1) at the times below at a facility to be designated by the City or (2) on a schedule otherwise agreed upon by the parties for each class session or term, including the location, specific days and hours when classes will be held, and holidays to be observed, in accordance with City's needs. • For Each Class Session - Traditional Japanese Martial Arts will consist of I hour, per day, per week, ages 7 & up. (EI Salvador Ctr) • For Each Class Session - Traditional Japanese Martial Arts will consist of 1 hour, per day, per week, ages 7 & up. (Memorial Center) • For Each Class Session - Traditional Japanese Martial Arts will consist of 1 hour, per day, per week, ages 7 & up. (Salgado Ctr) C. Provider will provide and be responsible for equipment, records, and personnel and cleanup of the facilities and materials necessary to ensure the safety and effectiveness of said instrvction. D. If Provider allows others to teach his/her class, those teachers must be over 21, have obtained and maintain an instructor rating, and be covered by Providers' insurance. Provider shall provide City with documentation to verify instructor and insurance requirements. Black -belt rated students may warm up beginning students, however, Provider must be present at all times. CLASS SIZE 1) Each class must have a minimum of 5 paid students and no more than a maximum of 25. 2) No registration will be accepted after the second meeting of class. 3) In the event the minimum number of enrollees is not realized by the second meeting of the class, the class shall be canceled. Consultant will be trader no obligation to provide services and the City will have no obligations to pay Consultant compensation CLASS f +ES A. Each participant shall pay class registration fees as established by City. B. Provider may not waive class participation/registration fees. C. Only registered participants may participate in class. E. Any refunds to participants will be made in accordance with City policy. F. Any materials fee shall be established by mutual agreement of City and Provider and shall be payable directly to Provider. 7 DATE IMM /DD /1 � A a" CERTIFICATE OF LIABILITY INSURANCE 1 89/12/2014 PRODUCER Mettle Insurance Agency, Inc. 27101 Puena Real Spire 200 Mellon Viejo, CA 92E91- 977.438,7459 INSURED Santiago Bautista 1523 W 6th St Santa Ana, CA 92703- COVERAGES THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURER 0'. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR AOW1 PER) TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM /DD /YYYYI POLICY EXPIRATION DATE IMM /OD /YYVY) LIMITS A X GENERALLIABILITY TXPRC MMERCIAL GENERAL LIABILITY CLAIMS MADE I--] OCCUR FESS IONAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PROJECT LOG PHPKI096454 001 30/11/2014 10111/2015 EACH OCCURENCE $1,000,010 PREMISES Ea occrence $100,000 MEDEXP(Anyone person) $2,500 PERSONAL &ADVHUURY $1,000,000 GENERAL AGGREGATE $3,000,000 PRODUCTS- COMP /OPAGG $3,000,000 AUTOMOBILE LIABILITY ANV AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT EA accldentl BODILY INJURY (Per perapnI BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY OCCUR 1:1 CIAIMSMADE DEDUCTIBLE RETENTION EACH OCCURENCE AGGREGATE Sily a Cuevas EMPLOYEHSLIABILITVTION ANO Y N ANY PROPRLTDR /PARTNER EXECUTIVE OFFICER /MEMBER EXCLUDED (Mandatory In NH) If yes, describe under SPECIAL PROVISIONS below pRCSA/Admin TORVTLIMITS LR E.L. EACHACCIDENT E.L. DISEASE - EA AMPLOYEE E.L. DISEASE - POLICY OMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS It Is understood end agreed that the Following entity Is added as an additional Insured but Drill wld, respoat(s( to the opeaBom of Hie named Insured except that liability resulting from tire additional In.sured's sole negllgence. CERTIFICATE HOLDER CANCELLATION City of Santa Ana 20 Chic Center Santa Ana, CA 92701- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 11 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 50 SHALL IMPOSE NO OBLIGATION OR LIAR RITY OF ANY KI NO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2009/01) © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Reviewed by: Silvia Cuevas PRCSA/Admin. fqy- ACORD 25 (2009/01) PHILADELPHIA INSURANCE COMPANIES A 11o�mbcr ut tho Tokiu Alarine Group One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 610.617.7900 • Fax 610.617.7940 • PHLY.com 09/12/2014 Santiago Bautista 1523 W 6th St Santa Ana, CA 92703- Re: Account#: 81676411 Policy #: PHPK1086454 -001 Dear Valued Customer: Thank you very much for choosing Philadelphia Insurance Companies (PHLY) for your insurance needs. Our first class customer service, national presence and A ++ (Superior) A.M. Best financial strength rating have made us the selection by over 150,000 policyholders nationwide. I realize you have a choice in insurance companies and truly appreciate your business. I wish you much success this year and look forward to building a mutually beneficial business partnership which will prosper for years to come. Welcome to PHLY and please visit PHLY.com to learn more about our Company! Sincerely, e_ J , �G Robert D. O'Leary Jr. President& CEO Philadelphia Insurance Companies Reviewed by: Silvia Cuevas s (►� PRCSA /Admin. Philadelphia Consolidated Holding Corp. • Philadelphia Indemnity Insurance Company • Tokio Marine Specialty Insurance Company • Maguire Insurance Agency, Inc. i Fitness and Wellness Insurance A Member of Philadelphia Insurance Companies Tel: 877-438-7459 - Fax: 866-847-4046 • CA License #0377645 1 Name: Santiago Bautista Account #: 81676411 Address: 1523 W 6th St Expiring Policy #: PHPK1086454 -000 Santa Ana, CA 92703- Renewal Date: 10/11/2014 Policy Type: General and Professional Liability Policy Limits: $1,000,0001 $3,000,000 Total Balance Due`: $172.00 Total charge Includes Insurance premium, applicable taxes, and a $50 Risk Purchasing Group administration fee that is fully earned and non- refundable. if you have made changes to your operations, such as producing videos, leasing or purchasing a facility, or hiring employees, please call customer service for a revised premium. This payment notice is being sent thirty (30) days prior to the expiration of your current policy. Your policy has been automatically renewed and issued and is enclosed. If payment is not received by your policy expiration date, your renewal will be automatically canceled. Available payment options are below. Questions? Please call customer service 877- 438 -7459 If payment has already been made, please disregard this notice. If you do not wish to renew your current coverage, please send an email to custsery nhlyins.com specifying the insured name and address, policy number, policy term, effective date of cancellation and reason for cancellation. If this is brokered business please contact your agent to cancel. Please note the following payment options for renewal of your insurance coverage: 1. You can renew via Visa or MasterCard on -line at www.fitnessandwellness.com or by contacting our customer service department at 877 - 438 -7459. 2. You can renew via check made payable to Fitness and Wellness Insurance by mailing your payment notice and check to: Fitness and Wellness Insurance P. O. Box 70251 Philadelphia, PA 19176 -0251 Note: If you have a landlord, facility owner, or other party to be listed as an additional insured, please attach a list including name and mailing address. All correspondence should be sent to: Philadelphia Insurance Companies Attention: Customer Service One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Please detach here ® Fitness and Wellness Insurance If you are an IDEA member and your membership has lapsed, please go to www.ideafit.com to activate your membership prior to making payment. Membership #: Phone: Membership Expiration Date: Email: Reviewed by Ovia Cuevas PRCSAIAdmir, Name: Santiago Bautista Account #:81676411 Expiring Policy #: PHPK1086454.000 ,. xpiration Date: 10/11/2014 Total Balance Due: $172.00 Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 1- 800 - 759 -4961 Commercial Lines Policy THIS POLICY CONSISTS OF: - DECLARATIONS - COMMON POLICY CONDITIONS - ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: - ONE OR MORE COVERAGE FORMS - APPLICABLE FORMS AND ENDORSEMENTS Reviewed by: Silvia Cuevas q5° PRCSA /Admin. BJP -190 -1 (12/98) IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless signed by our authorized representative, President & CEO Revie\Ajed by: silivia Cuevas PRCSAIAdrn'mn BJP -190 -1 (12/98) CPD -PIIC (011071 Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 COMMON POLICY DECLARATIONS Policy Number: PHPK1086454 -001 Named Insured and Mailing Address: Producer: 6039 Santiago Bautista Maguire Insurance Agency, Inc. 1523 W 6th St 27101 Puerto Real Suite 200 Santa Ana, CA 92703- Mission Viejo, CA 92691- Policy Period From: 10/1112014 To: 10/11/2015 at 12:01 AM. standard Time at your mailing address shown above Business Description: Fitness Trainer IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED, THIS PREMIUM MAYBE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part $122.00 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Commercial Stop Gap Part Businessowners Workers Compensation Taxes /Fees /Surcharges $50.00 _ Total $172.00 FORM (S) AND ENDORSEMENT (S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations Countersignature Date Authorized Representative Reviewed by: Silvia Cuevas 7/ Forms Schedule — Policy Policy Number: PHPK1086454 -001 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form /Edition Description CPD -PIIC (01107) Common Policy Declarations - PHLY Indemnity Insurance Fees And Surcharge Schedule Fees and Surcharge Schedule Reviewed by: A, Silvia Cuevas t Page 1 of 1 PRCSA /Admin. 4r Fees and Surcharge Schedule Policy Number: PHPK1086454 -001 RPGFEE Page 1 of 1 $50.00 Reviewed by: QA— Silvia Cuevas 9�� PRCSA/Admin. Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number:PHPK1086454 -001 9— See Supplemental Schedule LIMITS OF INSURANCE $3,000,000 $3,000,000 $1,000,000 $1,000,000 $100,000 $2,500 Agent #:6039 General Aggregate Limit (Other Than Products — Completed Operation) Products /Completed Operations Aggregate Limit (Any One Person Or Organization) Personal and Advertising Injury Limit Each Occurrence Limit Rented To You Limit Medical Expense Limit (Any One Person) FORM OF BUSINESS: Individual Business Description: Fitness Trainer Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED AUDIT PERIOD, ANNUAL, UNLESS OTHERWISE STATED: Classifications Premium Basis Rates Prodd Prom. /Ops. Comp.Ops. Advance Premiums Prod./ Prom. /Ops. Comp.Ops. SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE PART: $122.00 Included Retroactive Date(CG 00 02 Only) This insurance does not apply to "Bodily Injury", 'Property Damage ", or "Personal and Advertising Injury" which occurs before the retroactive date, if any, shown below. Retroactive Date: FORM(S) AND ENDORSEMENT (S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule Countersignature Date Authorized Representative Reviewed by: Silvia Cuevas PRCSA /Admin. Page 1 of 1 Forms Schedule — General Liability Policy Number: PHPK1086454 -001 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form /Edition Description CG 00 01 12 07 Commercial General Liability Coverage Form Commercial General Liability GL Coverage Part Declarations Page Coverage Part Declarations Commercial GL Supplemental Commercial GL Coverage Supplemental Schedule Schedule PI -APG -004 (01/07) Additional Conditions PI- APG -CA -1 (01/07) California Changes - Cancel, Nonrenewal and Cond. Renewal PI -FW -001 (01/07) Coverage C - Athletic Activities Exclusion Deletion PI -FW -002 (03/09) Fitness and Wellness Liability Insurance Exclusions PI -FW -003 (01/07) Fitness and Wellness Liability Insurance Extension PI -FW -005 (01/07) Punitive Damages Exclusion PI -FW -006 (01/07) Sexual Abuse Endorsement PI -FW -007 (01107) Specific Claimant Exclusion PI -FW -008 (01107) Violation of Communication or Information Law Exclusion PI -FW- 009(06/11) Blanket Additional Insured Reviewed by: Wi Silvia Cuevas rtiq5 Page 1 of 1 PRCSA/Admin. COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK1086454 -001 Agent #: 6039 Reviewed by; Silvia Cuevas PRCSA /Admin. �� Page 1 of 1 Rates Advance Premiums Premium Prod /Comp Prod /Comp Classifications & Code No. Basis Prem /Ops Ops Prem /Ops Ops 44311 - Certified Fitness Each Included Included $122.00 Included Instructor TOTAL PREMIUM FOR THIS COVERAGE PART: $122.00 1 Included Reviewed by; Silvia Cuevas PRCSA /Admin. �� Page 1 of 1 Commercial General Liability CG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy, The words "we ", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory "; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage "; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury ". 2. Exclusions Reviewed by: This insurance does not apply to:� a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the s6j its( OVMred. This exclusion does not apply to "bodily injury" resulting from the use of reasonable forre,t�ptgtBCLpsrpns or property. CG 00 01 12 07 © ISO Properties, Inc. , 2000 C';'�1.. tV/iC7f KIM. Page 1 of 16 Commercial General Liability CG 00 01 12 07 b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract ", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage ", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract "; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract ". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants ": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire "; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treMAV68'by: CG 00 01 12 07 ©ISO Properties, Inc 2000 + page 2 of 16 Silvia CuOvaS r 9� PRCSAIAdmn n. j Commercial General Liability CG 00 01 12 07 (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (1) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (it) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire ". (a) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants ". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants" or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants ". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading ". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: Reviewed by: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and s— Cuevas Cuevas (b) Not being used to carry persons or property for a charge; PRCSA/Admm, (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or CG 00 01 12 07 © ISO Properties, Inc. , 2000 Page 3 of 16 Commercial General Liability CG 00 01 12 07 (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment ". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. 1. War "Bodily injury" or "property damage ", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war, (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard ". k. Damage To Your Product Reviewed by: "Property damage" to "your product" arising out of it or any part of it. „ I. Damage To Your Work G�J�JU "Property damage" to "your work" arising out of it or any part of it an dr ��cnpleted ~/ operations hazard ". PRCSAIAdmin. l CG 00 01 12 07 © ISO Properties, Inc. , 2000 Page 4 of 16 Commercial General Liability CG 00 01 12 07 This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work" or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product" (2) "Your work'; or (3) "Impaired property "; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD -ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Distribution Of Material In Violation Of Statutes "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN -SPAM Act of 2003,including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B. Reviewed by: CG 00 01 12 07 © ISO Properties, Inc -.^^^^ ^,aee 5 of 16 Silvia Cuevas 17/ t {5 RRCSAIAdmin. Commercial General Liability CG 00 01 12 07 b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury ". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement ". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement ". In. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement ". I. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement ". However, this exclusion does not apply to infringement, in your "advertisement ", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web -sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. Reviewed by. I. Unauthorized Use Of Another's Name Or Product CG 00 01 12 07 © ISO Properties, Inc. ,2000 Silvia Cuevas P ge 6 of 16 PRCSAIAdmin. q'' Commercial General Liability CG 00 01 12 07 "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e- mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers, m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution - Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants" or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants ". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN -SPAM Act of 2003,including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury ". a. Any Insured Reviewed by: To any insured, except "volunteer workers ". CG 00 01 12 07 © ISO Properties, Inc. , 2000 Silvia Cuevas page 7 of 16 PRCSAIAdrnin.V�� a Commercial General Liability CG 00 01 12 07 b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the "products- completed operations hazard ". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bands required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c, The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $250 a day because of time off from work. IS. All court costs taxed against the insured in the "suit ". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit ", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract" b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract "; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit' (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit "; Skid (c) Notify any other Insurer whose coverage is available to the 1pdeeMnite ;; y: CG 00 01 12 07 © ISO Properties, Inc. , 2000 I'{ ?01_ Page 8 of 16 Silvia Cuevas cabj q( RRC.RA(Admin Commercial General Liability CG 00 01 12 07 (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit" and (b) Conduct and control the defense of the indemnitee in such "suit ". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury ": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker "), or any organization while acting as your real estate manager. Reviewed by: CG 00 01 12 07 © ISO Properties, Inc. , 2000 2 cin Page 9 of 16 Silvia Cuevas al PRCSA /Admin. Commercial General Liability CG 00 01 12 07 c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard "; and c. Damages under Coverage B. 3. The Products - Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard ". 4. Subject to Paragraph 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence ". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Reviewed bT 1. Bankruptcy y� Silvia Cuevas �u CG 00 01 12 07 © ISO Properties, Inc. , 2000 PRCSAIAdmin• age 10 of 16 Commercial General Liability CG 00 01 12 07 Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit "; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit" and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c, below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work" (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner, or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g of Section I — Coverage A — Bodily Injury And Property Damage Liability. Reviewed by: CG 00 01 12 07 © ISO Properties, Inc. , 2000 2 Page 11 of 16 Silvia Cuevas fit' PRCSA/Admin. Commercial General Liability CG 00 01 12 07 (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addilional insured by attachment of an endorsement. (2) When this insurance Is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other Insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send US copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date If notice is mailed, proof of mailing will be sufficient proof of notice. Reviewed by: CG 00 01 12 07 © ISO Properties, Inc e 12 of 16 Slivle Cuevas RRC:,SA/Admin. 'I Commercial General Liability CG 00 01 12 07 SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web - sites, only that part of a web -site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment ". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a, above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker ". "Employee" does not include a "temporary worker ". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work ", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract "; It. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad, d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; Reviewed by: e. An elevator maintenance agreement; CG 00 01 12 07 0 150 Properties, Inc. SliVla CUeVaS Pa a 13 of 16 PRCSAIAdm!nAgi_ Commercial General Liability CG 00 01 12 07 f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnities a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker ". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto "; b. While it is in or on an aircraft, watercraft or "auto "; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto ". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d, above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos ": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise of lower workers, and Reviewed by: CG 00 01 12 07 © ISO Properties, Inc. 2000 14 of 16 Silvia Cuevas j,t5~ PRCSA/Admin. I Commercial General Liability CG 00 01 12 07 (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos ". 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement "; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement ". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products- completed operations hazard ": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systemsRannd epplliceatyo{ s software, hard or floppy CG 00 01 12 07 © ISO Properties, Inc. , 2000 ❑ Page 15 of 16 Silvia Cuevas af q5- PRCSA /Admin. Commercial General Liability CG 00 01 12 07 disks, CD -ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit' means a civil proceeding in which damages because of "bodily injury ", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit' includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. 'Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 20. "Volunteer worker" means a person who is not your "employee ", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21. "Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold, 22. 'Your work ": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work ", and (2) The providing of or failure to provide warnings or instructions. Reviewed by: Silvia Cuevas PRCSA /Admin. CG 00 01 12 07 © ISO Properties, Inc. , 2000 Page 16 of 16 PI -APG -004 (01/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL CONDITIONS This endorsement modifies insurance provided under the: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section IV — Commercial General Liability Conditions: Changes The Certificate of Insurance contains all the agreements between you and us conceming the insurance afforded. The first Named Certificate Holder shown in the Certificate of Insurance is authorized to make changes in the terms of the Certificate of Insurance with our consent. The Certificate of Insurance terms can be amended or waived only by endorsement issued by us and made a part of the Certificate of Insurance. 2. Transfer of Your Rights and Duties Under The Certificate of Insurance: Your rights and duties under the Certificate of Insurance may not be transferred without our written consent except in the case of death of an individual Named Certificate Holder. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Reviewed by: Silvia Cuevas U'T Page 1 of 1 PRCSAIAdmtft. PI- APG -CA -1 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES — CANCELLATION, NONRENEWAL AND CONDITIONAL RENEWAL This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART SECTION IV- COMMERICAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following.: 1. Cancellation of Master Policy a. The Master Policy may be canceled by the Members of the Fitness and Wellness Purchasing Group by surrender of the policy to us or by mailing written notice to us stating when such cancellation shall take effect. If canceled by the Members of the Fitness and Wellness Purchasing Group, we shall retain the customary short -rate proportion of the premium. In no event may the requested date of cancellation be greater than 10 days prior to the date the request is received by us. b. The Master Policy may be canceled by us by written notice mailed by certified mail to the Members of the Fitness and Wellness Purchasing Group at the address shown in the Master Policy Declarations. Such cancel €ation shall be no fewer than 30 days from the date the notice is mailed. 2. Cancellation of the Certificate of Insurance a. The Certificate of Insurance may be canceled by the first Named Certificate Holder shown in Item 1, of the Certificate of Insurance by surrender of the Certificate of Insurance to us or by mailing written notice to us stating when such cancellation shall take effect. If canceled by the first Named Certificate Holder shown in Item 1, of the Certificate of Insurance, we shall retain the customary short-rate proportion of the premium. In no event may the requested date of cancellation be greater than 10 days prior to the date the request is received by us. b, If this Certificate of Insurance has been in effect 60 days or less, the Certificate of Insurance may be canceled by us by written notice mailed by certified mail to the first Named Certificate Holder at the address shown in the Certificate of Insurance. Such cancellation shall be no fewer than 30 days from the date the notice is mailed unless the Certificate of Insurance is canceled because the first Named Certificate Holder has failed to pay a premium when due or has committed fraud. In that event, such cancellation shall take effect no fewer than 10 days from the date the notice is mailed. c. If this Certificate of Insurance has been in effect for more than 60 days, the Certificate of Insurance may be canceled by us only for the following reasons: (1) Nonpayment of premium; (2) Discovery of fraud or material misrepresentation by either of the following: (a) The Named Certificate Holder or his or her representative in obtaining the insurance; (b) The Named Certificate Holder or his or her representative in pursuing a claim under the Certificate of Insurance; (3) A judgment by a court or an administrative tribunal that the Named Certificate holder has violated any law of the state of California or of the United States, having as one of its necessary elements, an act which materially increases any of the risk insured against; Reviewed by: Page 1 of 4 Silvia Cuevas e0 , PRCSAIAdmin. PI- APG -CA -1 (01107) (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the Named Certificate Holder or his or her representative, which materially increase any of the risks insured against; (5) Failure by the Named Certificate Holder or his or her representative to implement reasonable loss control requirements which were agreed by the insured as a condition of policy issuance or which were conditions precedent to the use by us of a particular rate or rating plan, if the failure materially increases any of the risks insured against; (6) A determination by the commissioner that the loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency. A certification made under penalty of perjury to the commissioner by one of our officers of the loss of, or change in, reinsurance and that the loss or change will threaten our financial integrity or solvency if the cancellation of the Certificate of Insurance is not permitted shall constitute such a determination unless disapproved by the commissioner within 30 days of the filing. There shall be no extension to this 30 day period; (7) A determination by the commissioner that the continuation of the Certificate of Insurance would place us in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten our solvency; or (8) A change by the Named Certificate Holder or his or her representative in the activities or property of the commercial or industrial enterprise which results in a material added risk, a materially increased risk or a materially changed risk, unless the added, increased, or changed risk is included in the Certificate of Insurance. If we cancel subjects to Paragraphs c.(1) through c.(8) above, we shall mail by certified mail to the first Named Certificate Holder at the address shown in the Certificate of Insurance, and mail to the producer of record, if any. Written notice of cancellation shall take effect: (1) 10 days from the date of mailing for the reasons set forth in Paragraph c.(1) and c.(2); and (it) 30 days from the date of mailing for the reasons set forth in Paragraph c.(3) through c.(8). d. If the Certificate of Insurance is canceled by us, the earned premium shall be computed pro -rata. Premium adjustment may be made at the time cancellation is effected or as soon as practicable thereafter. Failure to pay any premium adjustment at, on, or around the time of the effective date of cancellation shall not alter the effectiveness of cancellation. 3. Nonrenewal of the Master Policy a. If we elect not to renew this Master Policy, we will mail or deliver written notice stating the reason for nonrenewal to the Members of the Fitness and Wellness Group at the mailing address shown in the Master Policy Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration date. If we fail to provide timely written notice required by the paragraph above, the coverage provided to the Members of the Fitness and Wellness Group shall remain in effect with no change in its terms and conditions, for a period of 60 days. b. We are not required to send notice of nonrenewal in the following situations: (11 )If the transfer or renewal of a Master Policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. (2)lf the Master Policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph 3.a. above Reviewed by: 2 Page 2 of 4 Silvia Cuevas PRCSA/Admin. PI- APG -CA -1 (01/07) (3) If the Members of the Fitness and Wellness Group have obtained replacement coverage, or have agreed, in writing, within 60 days of the termination of the Master Policy, to obtain that coverage. (4) If the Master Policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. (5) If the Members of the Fitness and Wellness Group request a change in the terms or conditions or risks covered by the Master Policy within 60 days of the end of the policy period. (5) If we have made a written offer to the Members of the Fitness and Wellness Group in accordance with the timeframes shown in Paragraph 3.a above, to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25% c. The transfer of a Master Policy between companies with the same insurance group or changes in Deductible, premium, Limit of Insurance or coverage are not refusal to renew. 4. Nonrenewal of the Certificate of Insurance a. If we elect not to renew this Certificate of Insurance, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Certificate Holder at the mailing address shown in the Certificate of Insurance and to the producer of record, if any, at least 60 days, but not more than 120 days, before the expiration date. If we fail to provide timely written notice required by the paragraph above, the coverage provided to the first Named Certificate Holder shall remain in effect with no change in its terms and conditions, for a period of 60 days. b. We are not required to send notice of nonrenewal in the following situations: (1) If the transfer or renewal of a Certificate of Insurance, without any changes in terms, conditions or rates, is between us and a member of our insurance group. (2) If the Certificate of Insurance has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph 4.a. above. (3) If you have obtained replacement coverage, or have agreed, in writing, within 60 days of the termination of the Certificate of Insurance, to obtain that coverage. (4) if the Certificate of Insurance is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. (5) If you request a change in the terms or conditions or risks covered by the Certificate of Insurance within 60 days of the end of the policy period. Reviewed by: Silvia � Page 3 of 4 PRCSA/Admin. �'') PI- APG -CA -1 (01/07) (6) If we have made a written offer to you, in accordance with the timeframes shown in Paragraph 4.a, above, to renew the Certificate of Insurance under changed terms or conditions or at an increased premium rate, when the increase exceeds 25 %. c. The transfer of a Certificate of Insurance between companies with the same insurance group or changes in Deductible, premium, Limit of Insurance or coverage are not refusal to renew. 5. Conditional Renewal If we elect to renew this Master Policy or Certificate of Insurance, and the renewal is subject to any of the following: a. Increase in Deductible; b. Reduction in Limit of Insurance; c. Elimination of coverages; or d. 25% or more rate increase. We shall mail or deliver written notice of the change(s) to the Members of the Fitness and Wellness Group at the mailing address shown in the Master Policy Declarations or the first Named Certificate Holder at the mailing address shown in the Certificate of Insurance and to the producer of record, if any, at least 60 days, but not more than 120 days, before the expiration date. 6. Mailing time must be added to the notice periods as follows: a. Add 5 days if the place of address and place of mailing is in California; b. Add 10 days if the place of address or place of mailing is outside of California; or C. Add 20 days if the place of address or place of mailing is outside the United States. Reviewed by: Silvia Cuevas ,�31qr RRCSA/Admin. Page 4 of 4 PI -Fw -001 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE C — ATHLETIC ACTIVITIES EXCLUSION DELETION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities, is deleted in its entirety. Reviewed by: Page 1 of 1 Silvia Cuevas��f PRCSAIAdmin. PI -FW -402 (03109) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, FITNESS AND WELLNESS LIABILITY INSURANCE EXCLUSIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusions are added to Paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and Paragraph 2. Exclusions of SECTION 1— COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: 2. Exclusions This insurance does not apply to: a. Services Furnished by Health Care Providers (1) 'Bodily injury," "property damage' or "personal and advertising injury" based upon or arising out of, in whole or in part, the rendering of or failure to render: (a) Medical, surgical, dental, x -ray, or nursing service, treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) Any service, treatment, advice or instruction in chemical skin enhancement, laser hair removal or replacement. (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; or (3) The handling or treatment of dead bodies, including autopsies, organ donation or other procedures. This exclusion does not apply to the rendering of first aid. Paragraph 2.a. (1)(b) above does not apply to a licensed physical therapist providing any health or therapeutic service, treatment, advice or instruction on behalf of a Named Certificate Holder. b. Vitamins, Supplements and Steroids (1) 'Bodily injury, "property damage" or "personal and advertising injury" based upon or arising out of, in whole orin part, the production, testing or manufacture of vitamins, minerals, herbal supplements, medicinal supplements or nutritional supplements. (2) 'Bodily injury," "property damage" or "personal and advertising injury" based upon or arising out of, in whole or in part, the production, recommendation, selling, testing, promotion, solicitation, or manufacture of steroids. Reviewed by: Page 1 of 2 Silvia Cuevas t' PRCSAIAdmirl. PI- FW -002 (63/09) c. Improper Fees, Dues and Expenses "Bodily injury," "property damage" and "personal and advertising injury" based upon or arising out of, in whole or in part, improper fees, dues, and expenses incurred or charged by an insured. d. Communicable Disease (1) "Bodily injury," "property damage' or "personal and advertising injury" arising out of any 'communicable disease," including but not limited to the following: (a) Acquired Immune Deficiency Syndrome (AIDS); (b) Human Immunodeficiency Virus (HIV); or (c) Hepatitis. (2) This exclusion applies even if such damages arise or are alleged to arise as a result of the insureds' negligent hiring, placement, training, supervision, act, error or omission or alleged sexual and/or physical abuse. (3) For purposes of this exclusion, 'communicable disease" means an infectious disease transmittable from person to person by direct contact with an affected person or that person's discharges or body fluids. e. Fungi or Bacteria (1) "Bodily injury," "property damage' or "personal and advertising injury' caused directly or indirectly by the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any: (a) "Fungi," "spores," or bacteria; or (b) Substance, vapor or gas produced by or Substance, vapor or gas produced by oror arising out of any "fungi," "spores" or bacteria. (2) Loss, costs or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi," "spores" or bacteria, by any insured or by any other person or entity. (3) For the purposes of this exclusion, the following definitions are added: (a) "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, "spores," scents or byproducts produced or released by "fungi." (b) "Spores" means reproductive bodies produced by or arising out of "fungi.' This exclusion does not apply to any "fungi," "spores" or bacteria that are on, or are contained in, an edible good or edible product intended for human or animal consumption. Reviewed by: Page 2 of 2 Silvia Cuevas Ni, t AmRRCSAn. PI -FW -003 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FITNESS AND WELLNESS LIABILITY INSURANCE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Paragraph 1. Insuring Agreement of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: "Bodily injury" or "property damage' arising out of the rendering of or failure to render .,professional training services" shall be deemed to be caused by an "occurrence." B. For the purpose of determining the Limits of Insurance for the coverage provided by this endorsement, any act or omission together with all related acts or omissions in the furnishing of these 'professional training services' to any one person will be considered one 'occurrence." C. For purposes of this endorsement, "professional training services" means any service, advice, or instruction relating to physical fitness. Reviewed by: J Page 1 of 1 Silvia Cuevas y /� s PRCSA /Admin. PI -FW -005 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUNITIVE DAMAGES EXCLUSION This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and Paragraph 2. Exclusions of SECTION I - COVERAGES, COVERAGE 8 PERSONAL AND ADVERTISING INJURY LIABILITY: 2. Exclusions This insurance does not apply to: Punitive Damages Any punitive, treble or exemplary damages, whether or not such punitive, treble or exemplary damages arise out of any obligation to share damages with or repay someone else who must pay damages. Reviewed by. G-K G Page 1 of 1 Silvia Cuevas PRCSAIAdmin. PI -FW -006 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SEXUAL ABUSE ENDORSEMENT This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Sexual Abuse Limits of Insurance Sexual Abuse Each Occurrence Limit: Sexual Abuse Aggregate Limit $100,000 $300,000 A. Except as otherwise provided by this endorsement, this policy does not apply to "bodily injury," "property damage" or "personal and advertising injury" caused by, based upon or arising, in whole or in part, out of any: 1. Actual, threatened or alleged "sexual abuse" or "sexual harassment; or 2. "Negligent employment' of any person who caused or commits or is alleged to have caused or committed "sexual abuse" or "sexual harassment." As respects coverage afforded by this endorsement, the following changes apply to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM: B. Paragraph 1. of Section I — Coverages — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following. 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages, including any "suit" alleging that the "bodily injury" arose out of "sexual abuse" caused or committed by the insured. However, we will have no duty to defend or continue to defend any insured against: (1) any "suit" seeking damages for "bodily injury" to which this insurance does not apply; (2) any "suit' for which the insured is found to have in fact caused or committed an act of "sexual abuse" or (3) any "suit' for which the insured has admitted to have in fact caused or committed an act of "sexual abuse." We may, at our discretion, investigate any "occurrence" and settle any claim or "suit' that may result. But: (a) The amount we will pay for damages is limited as described in Section F — Limits Of Insurance of this endorsement; and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or "defense expenses" under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided under Section D of this endorsement — Supplementary Payments — Coverage A and B. b. This insurance applies to "bodily injury" only if: Reviewed by: Page 1 of 4 LR Silvia Cuevas c /- RRCSAIAdmin, T ts PI -FW -006 (01/07) (1) the "bodily injury" is caused by an "occurrence" that first commences in the "coverage territory" at a specific date and time on or after the effective date of this endorsement and during the policy period; (2) the "bodily injury" arises out of "sexual abuse" caused or committed by your "employee" and (3) the "sexual abuse" arises out of your "negligent employment" of that "employee." C. The insurance provided by this endorsement is subject to the following additional exclusions: 2. Exclusions This insurance does not apply to: a. Any person who: (1) Has admitted to or been found guilty of, or pled guilty or nolo contendere to any act involving "sexual abuse" (2) Participated in, directed or knowingly allowed "sexual abuse "; or (3) Has failed to comply with any applicable law, ordinance or regulation which requires the reporting of "sexual abuse" after having knowledge of the "sexual abuse," b. Any expense associated with a criminal trial, proceeding or investigation, or to any expense for appeals for any "suit" against you or any person insured. c. Any claim for damages arising out of "sexual abuse" which is part of a series of related acts of "sexual abuse" if the first of such series of acts took place before the effective date of this endorsement. d. Any claim for damages arising out of "sexual abuse" alleged to have been caused or committed by any "employee" who had previously committed such an act of which any insured had knowledge. e. Any liability of others assumed by you under any contract or agreement, either oral or written. f. Any claim made against an insured by another insured. g. Any "sexual abuse" caused or committed by or which is alleged to have been caused or committed by any independent contractor or employee or agent of such independent contractor. h. "Sexual harassment." 1. 'Bodily injury" arising from any violation or alleged violation of the civil rights of any person. D. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B With respect to the insurance provided by this endorsement, Paragraph 3.a. and Paragraph 2. of Section I — Supplementary Payments — Coverages A and B are deleted. E. WHO IS AN INSURED With respect to the insurance provided by this endorsement, Paragraph 2. of Section It — Who Is An Insured is deleted. F. LIMITS OF INSURANCE For purposes of the coverage provided by this endorsement, the following is added to Section III — Limits Of Insurance of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM and applies solely to this coverage: Reviewed by: Page 2 of 4 Silvia Cuevas 4f()/ qr PRCSA/Admin. PI -FW -006 (01/07) 1. The Sexual Abuse Limits of Insurance shown in the SCHEDULE of this endorsement and the rules below fix the most we will pay for damages and "defense expenses ", regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 2. The Sexual Abuse Aggregate Limit shown in the SCHEDULE of this endorsement is the most we will pay for the sum of all damages and "defense expenses" because of all "bodily injury" arising out of "sexual abuse." 3. Subject to 2. above, the Sexual Abuse Each Occurrence Limit shown in the SCHEDULE of this endorsement is the most we will pay for the sum of all damages and "defense expenses" because of all "bodily injury" arising out of "sexual abuse" from any one "occurrence." 4. Subject to 1., 2., and 3. above, covered damages for which insurance is afforded by this endorsement will apply against and reduce the General Aggregate Limit of this policy, as described in Paragraph 2. of Section III — Limits Of Insurance of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed to be part of the last preceding period for purposes of determining the Limits of Insurance. G. For purposes of the coverage provided by this endorsement, the following definitions are added to Section V — Definitions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM: 1. "Defense expenses" means: a. Fees, costs and expenses charged by attorneys retained by us; and b. Reasonable and necessary fees, costs and expenses resulting from the investigation, adjustment, defense or appeal of a claim. "Defense expenses" do not include: a. Salaries, loss of earnings, reimbursement for the insured's time or attendance required at any investigation, defense or appearance; or b. Other remuneration by or to any insured. 2 "Negligent employment" means negligent selection, investigation, supervision, training or retention of an "employee." 3. "Sexual abuse" means actual or alleged physical abuse arising out of a single, continuous or repeated exposure of one or more persons to acts of a sexual nature involving inappropriate physical contact caused by or committed by: a. One person; or b. Two or more persons acting together or in related acts or series of acts. All related, interrelated, repeated or continuous episodes of "sexual abuse" involving the same claimant or perpetrator shall be deemed to be a single "occurrence." 4. "Sexual harassment" means inappropriate non - physical actions or verbal comments or suggestions of a sexual nature. H. For purposes of the coverage provided by this endorsement, Paragraph 13. of Section V — Definitions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include: Page 3 of 4 reviewed by; Silvia Cuevas qt 4� nor, (Z &IArimirr PI -FW -006 (01/07) 13. "Occurrence" means any act of "sexual abuse." Reviewed by: Page 4 of 4 Silvia Cuevas�s� PRCSA/Admin. PI -FW -007 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, SPECIFIC CLAIMANT EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusions are added to Paragraph 2. Of SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY. 2. Exclusions This insurance does not apply to: Any actual or alleged "personal and advertising injury" asserted by or on behalf of Bikram Choudhury, Rajashree Choudhury, their corporations, subsidiaries, affiliates or other related business enterprises or successors in interest. Reviewed Jby� Page 1of1 Silvia Cuevas Cuevas t 3 J S' PRCSA/Admin. t PI -FW -008 (01107) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, VIOLATION OF COMMUNICATION OR INFORMATION LAW EXCLUSION This endorsement modifies insurance provided under the: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Exclusions of Section I — Coverage A — Bodily Injury and Property Damage Liability and Coverage B — Personal and Advertising Injury Liability, Paragraph 2.: 2, Exclusions: This insurance does not apply to: Violation of Communication or Information Law "Bodily injury ", "property damage or "personal and advertising injury" resulting from or arising out of any actual or alleged violation of: A. The federal Telephone Consumer Protection Act (47 U.S.C. § 227), Drivers Privacy Protection Act (18 U.S.C.§ 2721 -2725) or Controlling the Assault of Non-Solicited Pornography and Marketing Act (15 U.S.C. § 7701, at seq); or B. Any other federal, state, or local statute, regulation or ordinance that imposes liability for the: (1) unlawful use of telephone, electronic mail, internet, computer, facsimile machine or other communication or transmission device; or (2) unlawful use, collection, dissemination, disclosure or re- disclosure of personal information in any manner by any insured or on behalf of any insured. Reviewed by: Silvia CUevas PRCSAIAdmin. Page 1 of 1 PI -FW -009 (06111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Blanket Additional Insured Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION If -- WHO IS AN INSURED is amended to include the following as an additional insured, but only with respect to liability arising out of your operations, and in accordance with a required Certificate oflnsurance; 1. Managers, Owners or Lessors of the Premises Leased, Rented, or Loaned to You, but only with respect to that part of the premises leased, rented or loaned to you subject to the following additional exclusions: This insurance does not apply to: a. Any 'occurrence" which takes place after you cease to be a tenant in that premises; b. Structural alterations, new construction or demolition operations performed by or on behalf of the manager, owner or lessor of the premises; c. Any design defect or structural maintenance of the premises or loss caused by a premises defect. 2. Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s) subject to the following additional exclusions: This insurance does not apply to: Any "occurrence" which takes place after the equipment lease expires. 3. Sponsors, but only with respect to their liability as a sponsor to you. 4. Co- Promoters, but only with respect to their liability as a co — promoter to you 5. Subcontractors 5. Grantor of Franchise, but only with respect to their liability as grantor of franchise to you. With respect to any additional insured covered under this policy, this insurance does not apply to the sole negligence of such additional insured. Page 1 of 1 Silvia Cuevas p- PRCSA /Admin, "l JJ PRODUCER Maguire dnsurance AgericY, Inc.. 1/101 Pve.rta Read Suite 200 Mission vielo, CA 92591- 8/'7 4.18 74S9 DATE IMM /DO /Y CERTIFICATE OF LIABILITY INSURANCE 09/1212015 THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED INSURER A: Ph�ladclah: +a kndemrw.ity I.nauranee ComoanY 18dFS8 5a ntiagn oaub�.sta ...INSURER B: LS23 W 5tlh St mm r INSURER C Santa Ana, CA 92'703 �: m� *"^ d�' 1. """ ",. INSURER D COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN: IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN' MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L... POLICY EFFECTIVE POLICY CXPIiRA0ON LTR INSRO TYPE Or INSURANCE POLICY NUMBER DATE IMM /DO /YYYY) DATE QMM /DD /YYYYI LIMITS A X GENERAL LABILITY PHPKIBB5454 LO /11 /2015 IL)AI 2 ®16 EACH OCCUiRENCE 51 „000,000 ccuehPREMISES Ea oceVr�ence 5100,000 GENERAL LIABILITY 002 MEO EXP (Ahv one p.rsonl 52.506 CLAIMS MADE � OCCUR PERSONAL ,& ADV INJURY 5a a700,000 t11C11.11"ERCIAL TE551O.AE, LIABILITY GENERAL AGGREGATE - 53,0110,060 PRODUCTS - COMP /OP AGG 53,000X100 GEN "L AGGREGATELIM17 APPUESPER� X POLICY PROJECT CDC AUTOMOBILE USABILITY COMBINED SINGLE LIMIT ANY AUTO qEA ac -lent) BODILY YNJURY ALL OWNED AUTOS SCHEDULED AUTO5 (Per per,.r) 80DILY I'NiURY "'. HIRED AUTOS NON OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per acciden[) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC _..... ANY AUTC) AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURENCE AGGREGATE OCCUR El CLAIMS MADE �. DEDUCTIBLE. RETENTION EMPLOYERS' LIABILITY Y N I TORVLIMITS_ ER E, I, EACH ACCIDENT ANY PROPRIETOR //PARTNER(E%ECUTIVE DER FR /MEMBER EXCLUDED? E. L. DISEAS €. - EA AMPLOYEE (Mandatary In NHI E.L. DISEASE - POUCY LIMB 1 19 yes, describe under SPECIAL PROVISIONS bell -OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISION'S!���{LYy�{� 11 S understood and ag>eed ;ha4 _he'Uibwing em C/ "a added is an eddR101al insured out on1Y Attn re5pect(S) -o the Operat,ins nt' the named insured e,r.epR6VI�e�l�,0c1 {OEYralrtllt 6mal inseeed °s anie J negligent.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ,01051E DESCRIBED P LIES BE CAM'CELL. EF1 '1 WIRATION DATE City of Santa Ana THEREOF, THE ISSUING INSURER WILT. EN A Cl+' �iL.'C�'11P'lY,. y�j (7TICE TO THE 20 Cruuc Censer CERTIFICATE HOLOEA. NAMED TO THE LEFT, BU FAILURE TO DOS SHALL IMPOSE 0 OBEIGATION OR Santa Ana.. CA 92701. LIABILITY OF ANY RIND UPON THE INSVR E AUTHORIZED REPRESENTATIVE ACORD 25 (2.009/01) O 1089-2009 ACORD CORPORATION. All rights reserved!. The ACORD name and logo are registered marks DL ACORD PI -FW -009 (06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Blanket Additional Insured Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II — WHO IS AN INSURED is amended to inciude the following as an additional insured, but only with respect to liability arising out of your operations, and in accordance with a required Certificate of Insurance: 1. Managers, Owners or Lessors of the Premises Leased, Rented, or Loaned to You, but only with respect to that part of the premises leased, rented or loaned to you subject to the following additional exclusions: This insurance does not apply to: a, Any "occurrence" which takes place after you cease to be a tenant in that premises; b, Structural alterations, new construction or demolltion operations performed by or on behalf of the manager, owner or lessor of the premises; c. Any design defect or structural maintenance of the premises or loss caused by a premises defect. 2. Lessor of Leased Equipment, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s) subject to the following additional exclusions: This insurance does not apply to: Ary "occurrence" which takes place after the equipment lease expires. 3. Sponsors, but only with respect to their liability as a sponsor to you. 4. Co- Promotors, but only with respect to their liability as a co — promoter to you 5. Subcontractors 6. Grantor of Franchise, but only with respect to their liability as grantor of franchise to you. With respect to any additional insured covered under this policy, this insurance does not apply to the sole negligence of such additional insured. Reviewed by 61L Carmen Acosta Page 1 of 1 PRCSA/ err atjo "Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 1-800-759-4961 Commercial Lines Policy THIS POLICY CONSISTS OF: DECLARATIONS COMMON POLICY CONDITIONS ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: - ONE OR MORE COVERAGE FORMS - APPLICABLE FORMS AND ENDORSEMENTS Reviewed by . - -- L4 Carmen Acosta CSA /Recreation BJP- 19{7 -1 (12/9 8) IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shalt not be valid unless signed by our authorized representative. President & CEO Secretary Reviewed by Carmen Acosta PR SA /Recreation BJP -190 -1 (12198) PP 20 15 (06115) PHILADELPHIA INSURANCE COMPANIES PRIVACY POLICY NOTICE Philadelphia Indemnity Insurance Company The Philadelphia Insurance Companies value your privacy and we are committed to protecting personal information that we collect during the course of our business relationship with you. The collection, use and disclosure of certain nonpublic personal information are regulated by law. This notice is for your information only and requires no action on your part. it will inform you about the types of information that we collect and how it may be used or disclosed. This does not reflect a change in the way we do business or handle your information. information We Collect: We collect personal information, about you from the following sources; • Applications or other forms such as claims forms or underwriting questionnaires completed by you; • Information about your transactions with us, our affiliates or others; and • Depending on the type of transaction you are conducting with us, information may be collected from consumer reporting agencies, health care providers, employers and other third parties. Information We Disclose: We will only disclose the information described above to our affiliates and nonaffiliated third parties, as permitted by law, and when necessary to conduct our normal business activities. For exarnpie, we may make disclosures to the following types of third parties: • Your agent or broker (producer); • Parties who perform a business, professional or insurance functions for our company, including our reinsurance companies; • Independent claims adjusters, investigators, attorneys, other insurers or medical care providers who need information to investigate, defend or settle a claim involving you; • Regulatory agencies in connection with the regulation of our business; and • Lienholders, mortgagees, lessors or other persons shown on our records as having a legal or beneficial interest in your policy. We do not sell your information to others for marketing purposes. We do not disclose the personal information of persons who have ceased to be our customers. Protection of Information: The Philadelphia Insurance Companies maintain physical, electronic and procedural safeguards that comply with state and federal regulations to protect the confidentiality of your personal information. We also limit employee access to personally identifiable information to those with a business reason for knowing such information. Use of Cookies and Opt -Out; We may place electronic "cookies" in the browser files of your computer when you access our website. Cookies are text files placed on your computer to enable our systems to recognize your browser and so that we may tailor information on our website to your interests. We or our third party service providers or business partners may place cookies on your computer's hard drive to enable us to match personas information that we maintain about you s Y pre - populate on -line forms with your information, We also use cookies to help us analyze traffic on er understand your interests, Although we do not use your non-public personal information for this purpose, you may opt - out of cookies and advertising features through one of the available options including but not lim€ d to Ads Settings in Ooogle.com or the Network Advertising Initiative (NAI) Consumer Opt-out. Opting out does no m an you will no longer receive online advertising, It does mean that companies from which you opted out will no Ion er tor. ize6plds bps d on your interests and web usage patterns using cookies. Carmen ACOP `soa4 How to Contact Us: Philadelphia Indemnity Insurance Company, One Bala Plaza, Sui Cynwyd Attention: Chief Privacy Officer P AU �A C:r A on CPD -PiiC (01107) El Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 COMMON POLICY DECLARATIONS Policy Number: PHPK1086454 -002 Named Insured and Mailing Address: Santiago Bautista 1523 W 6th St Santa Ana, CA 92703- Policy Period f=rom: 10111/2015 Business Description: Fitness Trainer Style /Art: Martial Arts Producer: 6039 Maguire Insurance Agency, Inc. 27101 Puerta Real Suite 200 Mission Viejo, CA 92691- To: 10/11/2016 at 12:01 AM. Standard Time at your mailing address shown above IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL TIME TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED, THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part $122.00 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Commercial Stop Gap Part Businessowners Workers Compensation Taxes/Fees/Surcharges $50.00 Total $172.00 FORM (S) AND ENDORSEMENT (S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule "Omits applicable Forms and Endorsements If shown in specific Coverage Part/Coverage Form Declarations e,- �(D Countersignature Date Authorized Representative Reviewed by '6 6) ' ; Carmen Acosta P C AIRecreation Forms Schedule — Policy Policy Number: PHPK1086454 -002 Forms and Endorsements applying to this Coverage Part and made a kart of this policy at time of issue: Form /Edition Description CPD -PIIC (01107) Common Policy Declarations - PHLY Indemnity Insurance Fees And Surcharge Schedule Fees and Surcharge Schedule Reviewed by Page 1 of 1 Carmen Acosta RCSA1 ecreatjon Fees and Surcharge Schedule Policy Number: PHPK1086454 -002 RPGFEE Wage 1 of 1 $50,00 Reviewed by Carmen Acosta PRCSA/Recreafiort Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: PHPK1086454 -002 fly See Supplemental Schedule Agent #:6039 LIMITS OF INSURANCE G $3,000,000 General Aggregate Limit (Other Than products — Completed Operation) $3,000,000 Products /Completed Operations Aggregate Limit (Any One Person Or Organization) $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $100,000 Rented To You Limit $2,500 Medical Expense Limit (Any One Person) FORM OF BUSINESS: Individual Business Description: Fitness Trainer Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED AUDIT PERIOD, ANNUAL„ UNLESS OTHERWISE STATED: Rates Advance Premiums Premium Prodd Prod.1 Classifications Basis Prem. /0 s. Comp.Ops. Prem. /Ops, Comp. ORS, SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE PART: $122.00 Included Retroactive Date(CG 00 02 Only) This insurance does not apply to "Bodily Injury ", retroactive date, if any, shown below. Retroactive Date: "Property Damage ", or "Personal and Advertising Injury" which occurs before the FORM(S) AND ENDORSEMENT (S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule Countersignature Date Authorized Representative Reviewed by Carmen Acosta R f eCreation Page 1 of 1 Forms Schedule — General Liability Policy Number: PHPKI086454 -002 Farms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue; Form/Edition Description CG 00 01 12 07 Commercial General Liability Coverage Farm Commercial General Liability GL Coverage Part Declarations Page Coverage Part Declarations Commercial CL Supplemental Commercial GL Coverage Supplemental Schedule Schedule Pi -APG -004 (01107) Additional Conditions PI- APG -CA -1 (01107) California Changes - Cancel, Nenrenewal and Cond. Renewal PI -FW -001 (01!07) Coverage C . Athletic Activities Exclusion Deletion PI -FW -002 (03109) Fitness and Wellness Liability Insurance Exclusions PI -FW -003 (01107) Fitness and Wellness Liability Insurance Extension PI -FW -005 (01107) Punitive Damages Exclusion PI -FW -006 (01107) Sexual Abuse Endorsement PI -FW -007 (01107) Specific Claimant Exclusion PI -FW -008 (01107) Violation of Communication or Information Law Exclusion PI -FW -009 (06111) Blanket Additional Insured Reviewed by l� Carmen Acosta Page 1 of 1 P C O eCreation COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK1086454 -002 Agent #: 6039 Reviewed by Carmen Acosta SRecrtio Page 'I of 1 Rates Advance Premiums Premium ProdlComp Prod/Comp Classifications & Code No. Basis Prem /Ops Ops PremfOps Ops 44311 - Certified Fitness Each Included Included $122.00 Included Instructor TOTAL PREMIUM FOR THIS COVERAGE PART; $122.00 Included Reviewed by Carmen Acosta SRecrtio Page 'I of 1 Commercial General Liability CG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown In the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we ", "us" and 'bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section If — Who Is An Insured, Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I -- COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result, But: (1) The amount we will pay for damages Is limited as described In Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the appiicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless expifcftly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory "; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an " occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the poficy period, known to have occurred by any insured listed under Paragraph 1. or Section 11 — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim, includes any continuatior, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1, of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage "; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur, e. Damages because of "bodily injury' include damages claimed by any pAWgWg4iWon for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury — . "Bodily injury" or "property damage" expected or intended from the�t "Ltr1f�,i �� d. This exclusion does not apply to "bodily injury" resulting from the use of reasonbl g�c gg t`ec }} persons or property. CG 00 01 12 07 0 ISO Properties, Inc. , 2000 Page 1 of 16 Commercial General Liability CG 00 01 12 07 b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement: This exclusion does not apply to liability for damages; (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an 'insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage ", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract "; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) C;ausirg or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers` Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury: This exclusion does not apply to liability assumed by the insured under an "insured contract ". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, reiease or escape of "pollutants ": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured, However, this subparagraph does not apply to: (1) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or 1 3 'D p er was owned or occupied by, or rented or loaned to, any insured, other than that d (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire "; (b) At or from any premises, site or location which is or was at n time used by or for any insured or others for the handling, storage, disposal, processing or treat me t o ante; CG 00 01 12 07 © ISO Properties, Inc. , 2S rprmen ACOSt Page 2 of 16 Commercial General Liability CG 00 01 12 07 (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or far: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to; (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations boing performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire ". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants ". (2) Any loss, cost or expense arising out of any, (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants "; or (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants ". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading ". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to; (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is; (a) Less than 26 feet long; and Reviewed by (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; ) (4) Liability assumed under any "insured contract" for the ownership, ai nane�e of aircraft or watercraft; or� Carmen ACOSta C A /Recrea't on CG 00 01 1207 © ISO Properties, Inc. , 2000 Page 3 of 16 Commercial General Liability CG 00 01 12 07 (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machinery or equipment listed in Paragraph f.(2) or f,(3) of the definition of "mobile equipment ". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. L War "Bodily injury" or "property damage ", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these, ]. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to o person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of arty part of those premises; (3) Property loaned to you; (4) Personal property in the card, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly an your behalf are performing operations, if the "property damage" arises out of those operations; or (6) 'That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (B) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included In the "products - completed operations hazard ". Reviewed by k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work > F� "Property damage" to "your work" arising out of it or any part of it and inclu 4e "pro ucts or taeted- operations hazard ".sue ,aCmen ACOSta PRA /ReoreatiOr', CG 00 01 12 07 0 ISO Properties, Inc. , 2000 Page 4 of 16 Commercial General Liability CG 00 01 12 07 This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work "; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exciusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product "; (2) "Your work "; or (3) "Impaired property "; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CCU -ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Distribution Of Material In Violation Of Statutes "Bodily injury" or "property damage" arising directly or indirectly out of any action or ornission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN -SPAM Act of 2003,including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Sectic 0vl ' byrance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services i covered.unl s explicitly provided for under Supplementary Payments - Coverages A and B. Carmen Acosta) CG 00 01 12 07 O ISO Properties, Inc. , 2000 PRC A /Re(-,reOti%ge 5 of 16 Commercial General Liability CG 00 01 12 07 b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury ". b, Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication of materlai, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the Insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement ". g. Quality Or Performance Of Goods s Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement ". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement", 1. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement ". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web-sites for others; or (9) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, OcOMiaftdrWfi or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom o b I tin board/ e insured hosts, owns, or over which the insured exercises control.-- .-- - -.. —� I. Unauthorized Use Of Another's Name Or Product Carmen Acosta EI C /Recr atiol i CG 00 01 12 07 © ISO Properties, Inc. , 2000 Page 6 of 16 Commercial General Liability CG 00 01 12 07 "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e- mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or throatened discharge, dispersal, seepage, migration, raiease or escape of "pollutants" at any time, n. Pollution - Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants "; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants ", o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate. (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN -SPAM Act of 2003,including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, includir proL�I by ;and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury a. Any Insured` To any insured, except "volunteer workers ". Carmen Acosta SRC , /Recreation CG 00 01 12 07 © ISO Properties, Inc., 2000 Page 7 of 16 Commercial General Liability CG 00 0112 07 b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. e. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products - Completed Operations Hazard Included within the "products - completed operations hazard ". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND S 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur, b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds, d. All reasonable expenses incurred by the insured at our request to assist us in the investigatfon or defense of the claim or "suit ", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit ". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment 'interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g, All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. "these payments will not reduce the fimits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit ", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract "; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract "; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee, e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured ar.4 the indemnitee; and �J f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summo or leVa a � received in connection with the "suit —° (c) Notify any other insurer whose coverage is available to the inderiirjity ,adf c,0 CG 00 01 1207 C ISO Properties, Inc., 2000 Page 8 of 16 Commercial General Liability CG 00 01 12 07 (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit "; and (b) Conduct and control the defense of the indemnitee in such "suit ". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litlgation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I -- Coverage A - Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or• settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION 11— WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only wlth respect to their duties as your officers or directors. Your stockholders are also Insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured; a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for; (1) Bodily injury' or "personal and advertising injury". (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property. (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical cpny ��1 'le%ing :prclsed for any purpose by 6� you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b, Any person (other than your "employee" or "volunteer worker "), or any organi while c . as your real estate manager, C — m Carmen Acosta CG 00 01 12 07 O ISO Properties, Inc. , 2000 PPC'SAlREacrep &j9i9 of 16 Commercial General Liability CG 00 01 12 07 c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or fimited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liabifity company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1, The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 2. The General Aggregate Limit is the most we will pay for the sum of; a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard "; and c. Damages under Coverage B. 3, The Products - Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operations hazard ". 4. Subject to Paragraph 2, above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3, above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one 'occurrence ". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5, above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each cons utive, annual �pp riod and to any remaining period of less than 12 months, starting with the beginning of the poiicy�E C"a My Declarations, unless the policy period is extended after issuance for an additional period of Tess than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Carmelo Acosta S1c CG 00 01 12 07 ISO Properties, Inc. , 2000 Page 10 of 16 Commercial General Liability CGO0V112V7 Bankruptcy insolvency of the insured or of the insured'aestate will not relieve us of our obligations under tNs Coverage Part, 2. Duties In The Event 0f Occurrence, Offense, Claim OrSuit e. You must see 1m it that we are notified as soon as practicable of an ^ocuunnnce" or an offense which may result ium claim. To the extent possible, notice should include: (1) How, when and where the ^oopunnn*a^or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b.|fo claim ia made nr^auW'|a brought against any insured, you must: (1 ) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify usaa soon ospracticable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. You and any other involved insured must: (1) immediately send us copies of any demands, nuticeu, summonses or legmK papers received in connection with the claim nr^ouit'; (2) Authorize uaio obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enfomemantnfany right against any person or organization which may bo liable tu the insured because of injury or d oma8a to which Lhisinmuoanopmoya|aoopply d. No insured vvi8. except mLthat inaumd`e own cost, voluntarily make e payment, assume any ob|igmhnn, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us Nn person or organization has m right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To, sue us on this Coverage Part unless all of its terms have been fully complied with. Apermoo or organization may sue us to recover an an agreed settlement orom m final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in —^monam of the applicable limit ofinsurance, An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited aofollows: /- a. Primary Insurance ~~�This insurance is primary except when Paragraph b below applies. If this insurance in phmary, our obligations are not affected unless any ofthe other insurance ia also primary, Then, we will share with all that other insurance by the method described i* Paragraph *.below. b, Excess Insurance (1) This insurance ie excess over: (o) Any of the other insurance, whether primary, excess, contingent oranany other basis: (i) That is Bre. Extended Coverage. Builder's Risk, Installation Risk or similar coverage for ,your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission � of the � K� mar� "~��VNeVVed by (iii) That |s insurance purchased by you to cover your liability an m tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the |qsa arises out of the maintenance or use of aircraft, oE�u�iow@�ufGeoo|—�vmga� B �U| � so�eott r c, e at ility. Carmen Acosta CG000112O7 @ ISO Properties, Inc, .2OOn PR CSA/RecreBh'Oe11of16 Commercial General Liability CG 00 01 12 07 (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all Insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates, b, Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this poi€cy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b, Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and he {p us enforce them. 9. When We Do Not Renew Reviewed uy If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailfng will be sufficient proof of notice. Carmen Acosta CG 00 01 12 07 © ISO Properties, Inc., 2000 P CSA/Recre fftj 12 of 16 Commercial Genoral Liability CG 00 01 12 07 SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition; a, Notices that are published include material placed on the Internet or on similar electronic means of communication; and b, Regarding web - sites, only that part of a web -site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means; a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment, or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment ". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a, above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a, above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising Injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker ". "Employee" does not include a "temporary worker ". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document. 7, "}hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work ", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "Your work" or your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a, A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract "; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with co 8V don operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; CG 00 01 1207 O ISO Properties, Inc. , 20 Carmen Acosta Page 13 of 16 IPR SA/RecreaiiorJ Commercial General Liability CG00011207 f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10. "Leased worker' means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker ". 11. "Loading or unloading" means the handling of property: a, After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or „auto "; b. While it is it or on an aircraft, watercraft or "auto "; or c, While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto ". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b, Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c, or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the following types of permanently at hhed equip�me +t�;g not "mobile equipment but will be considered "autos ": VV Cn q (1) Equipment designed primarily for: (a) Snow removal; � (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck or lower workers; and P C Al ecre borii CG 00 01 12 07 © ISO properties, Inc. , 2000 Page 14 of 16 Commercial General Liability CG 00011207 (3) Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance iaw in the state where it is licensed or principally garaged, Land vehicles subject to a compulsory or Financial responsibility law or other motor vehicle insurance law are considered "autos ". 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury ", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f, The use of another's advertising idea in your "advertisement "; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement ". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products- completed operations hazard a. Includes all "bodily injury" and "property damage" occurring away from premises you awn or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed, (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the some project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed, b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classiflcation, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: Reviewed by a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or A 11 b. Loss of use of tangible property that is not physically injured. All such less of use shall be deemed to occur at the time of the "occurrence" that caused it, For the purposes of this insurance, electronic data is not tangitit� �-- As used in this definition, electronic data means information, facts or progr�3,ir gl$TMpsAroo�;tted or used on, or transmitted to or from computer software, including systems ar d M1t, r gC are, arr d r floppy tc; CG 00 01 12 07 © 180 Properties, Inc, , 2000 Page 15 of 16 Commercial General Liability CG 00 01 12 07 disks, CD -RCMS, tapes, drives, cells, data processing devices or any other media which are used with eiectronically controlled equipment. 18 "Suit" means a civil proceeding in which damages because of "bodily injury ", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short -term workload conditions. 20. "Volunteer worker" means a person who is not your "employee ", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their worm performed for you. 21. "Your product ": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by. (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product "; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold_ 22, "Your warp ": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work ", and (2) The providing of or failure to provide warnings or instructions, Reviewed by bJ t'fI Carmen Acosta CG 00 01 12 07 O ISO Properties, Inc. , 2000 Page 16 of 16 Pf -APG -004 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL CONDITIONS This endorsement modifies insurance provided under the: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section IV — Commercial General Liability Conditions; 1. Changes The Certificate of Insurance contains all the agreements between you and us concerning the insurance afforded. The first Named Certificate Holder shown in the Certificate of Insurance is authorized to make changes in the terms of the Certificate of Insurance with our consent. The Certificate of Insurance terms can be amended or waived only by endorsement issued by us and made a part of the Certificate of Insurance. 2. Transfer of Your Rights and Duties Under The Certificate of Insurance: Your rights and duties under the Certificate of Insurance may not be transferred without our written consent except in the case of death of an individual Named Certificate Holder. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property, Reviewed by Carmen Acosta Page 1 of 1 PI- APG -CA -1 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ fT CAREFULLY. CALIFORNIA CHANGES — CANCELLATION, NONRENEWAL AND CONDITIONAL RENEWAL This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART SECTION IV- COMMERICAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following.: 1. Cancellation of Master Policy a. The Master Policy may be canceled by the Members of the Fitness and Wellness Purchasing Group by surrender of the policy to us or by mailing written notice to us stating when such cancellation shall take effect. If canceled by the Members of the Fitness and Wellness Purchasing Group, we shall retain the customary short-rate proportion of the premium. in no event may the requested date of cancellation be greater than 10 days prior to the data the request is received by US. b. The Master Policy may be canceled by us by written notice mailed by certified mail to the Members of the Fitness and Wellness Purchasing Group at the address shown in the Master Policy Declarations. Such cancellation shall be no fewer than 30 days from the date the notice is mailed. 2. Cancellation of the Certificate of Insurance a. The Certificate of Insurance may be canceled by the first Named Certificate Holder shown in item 1, of the Certificate of Insurance by surrender of the Certificate of Insurance to us or by mailing written notice to us stating when such cancellation shall take effect. If canceled by the first Named Certificate Holder shown in Item 1. of the Certificate of Insurance, we shall retain the customary short -rate proportion of the premium, In no event may the requested date of cancellation be greater than 10 days prior to the date the request is received by us, b. If this Certificate of Insurance has been in effect 60 days or less, the Certificate of Insurance may be canceled by us by written notice mailed by certified mail to the first Named Certificate Holder at the address shown in the Certificate of Insurance. Such cancellation shall be no fewer than 30 days from the date the notice is mailed unless the Certificate of Insurance is canceled because the first Named Certificate Holder has failed to pay a premium when due or has committed fraud. In that event, such cancellation shall take effect no fewer than 10 days from the date the notice is mailed. c. If this Certificate of Insurance has been in effect for more than 60 days, the Certificate of Insurance may be canceled by us only for the following reasons: (1) Nonpayment of premium; (2) discovery of fraud or material misrepresentation by either of the following: (a) The Named Certificate Holder or his or her representative in obtaining the insurance; (b) The Named Certificate Holder or his or her representative in pursuing a claim under the Certificate of Insurance; (3) A judgment by a court or an administrative tribunal that the NamecWi "dhas violated any law of the state of California or of the United States, having as one of its necessary elements, an act which materially increases any of the risk JbLaticans red g(4) Discovery of willful or grossly negligent acts or omissions, or of a b a carmen Acosta Page 1 of 4 R S I ecr afiorl PI- APG -CA -1 (01107) laws or regulations establishing safety standards, by the Named Certificate Holder or his or her representative, which materially Increase any of the risks insured against; (5) failure by the Named Certificate Holder or his or her representative to implement reasonable loss control requirements which were agreed by the insured as a condition of policy issuance or which were conditions precedent to the use by us of a particular rate or rating plan, if the failure materially increases any of the risks insured against; (6) A determination by the commissioner that the loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency. A certification made under penalty of perjury to the commissioner by one of our officers of the loss of, or change in, reinsurance and that the loss or change will threaten our financial integrity or solvency if the cancellation of the Certificate of Insurance is not permitted shall constitute such a determination unless disapproved by the commissioner within 30 days of the filing. There shall be no extension to this 30 day period; (7) A determination by the commissioner that the continuation of the Certificate of Insurance would place us in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten our solvency; or (8) A change by the Named Certificate Holder or his or her representative in the activities or property of the commercial or industrial enterprise which results in a material added risk, a materially increased rfsk or a materially changed risk, unless the added, increased, or changed risk is included in the Certificate of Insurance. If we cancel subjects to Paragraphs c.(1) through c.(8) above, we shall mail by certified mail to the first Named Certificate Holder at the address shown in the Certificate of Insurance, and mail to the producer of record, if any. Written notice of cancellation shall take effect: (i) 10 days from the date of mailing for the reasons set forth in Paragraph c.(1) and c.(2); and (il) 30 days from the date of mailing for the reasons set forth in Paragraph c,(3) through c.(8). d. If the Certificate of Insurance is canceled by us, the earned premium shall be computed pro -rata. Premium adjustment may be made at the time cancellation is effected or as soon as practicable thereafter. Failure to pay any premium adjustment at, on, or around the time of the effective date of cancellation shall not alter the effectiveness of cancellation. 3. Nonrenewal of the Faster Policy a. If we elect not to renew this Master Policy, we will mail or deliver written notice stating the reason for nonrenewal to the Members of the Fitness and Wellness Group at the mailing address shown in the Master Policy Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration date. If we fail to provide timely written notice required by the paragraph above, the coverage provided to the Members of the Fitness and Wellness Group shall remain in effect with no change in its terms and conditions, for a period of 60 days, b. We are not required to send notice of nonrenewal in the following situations: Reviewed by (1) If the transfer or renewal of a Master Policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. (2) If the Master Policy has been extended for 90 days or less, provided � o #ice la e �/ given in accordance with Paragraph 3.a. above Carmelo Acosta PR, CSA/Recreafion Page 2 of 4 PI- APG -CA -1 (01107) (3) If the Members of the Fitness and Wellness Group have obtained replacement coverage, or have agreed, in writing, within 60 days of the termination of the Master Policy, to obtain that coverage. (4) If the Master Policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed, (5) If the Members of the Fitness and Wellness Group request a change in the terms or conditions or risks covered by the Master Policy within 60 days of the end of the policy period. (6) If we have made a written offer to the Members of the Fitness and Wellness Group in accordance with the timeframes shown in Paragraph 3.a above, to renew the policy under changed terms or conditions or at an increased premium rate, when the Increase exceeds 25% c. The transfer of a Master Policy between companies with the same insurance group or changes in Deductible, premium, Limit of Insurance or coverage are not refusal to renew. 4. Nonrenewal of the Certificate of Insurance a. If we elect not to renew this Certificate of Insurance, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Certificate Holder at the mailing address shown in the Certificate of Insurance and to the producer of record, if any, at least 60 days, but not more than 120 days, before the expiration date, If we fail to provide timely written notice required by the paragraph above, the coverage provided to the first Named Certificate Molder shall remain in effect with no change in its terms and conditions, for a period of 60 days. b. We are not required to send notice of nonrenewal in the following situations, (1) If the transfer or renewal of a Certificate of Insurance, without any changes in terms, conditions or rates, is between us and a member of our insurance group. (2) If the Certificate of Insurance has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph 4.a. above, (3) If you have obtained replacement coverage, or have agreed, in writing, within 60 days of the termination of the Certificate of Insurance, to obtain that coverage. (4) If the Certificate of Insurance is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. (5) If you request a change In the terms or conditions or risks covered by the Certificate of Insurance within 60 days of the end of the policy period. Reviewed by Carmelo Acosta P C AI ecrp Lion Page 3 of 4 PI- APG -CA -1 (01107) (6) If we have made a written offer to you, in accordance with the timeframes shown In Paragraph 4.a, above, to renew the Certificate of Insurance under changed terms or conditions or at an Increased premium rate, when the increase exceeds 25 %. c. The transfer of a Certificate of Insurance between companies with the same insurance group or changes in Deductible, premium, Limit of Insurance or coverage are not refusal to renew. 5. Conditional Renewal If we elect to renew this Master Policy or Certificate of Insurance, and the renewal is subject to any of the following: a- Increase in Deductible; b. Reduction in Limit of Insurance; c. Elimination of coverages; or d. 25% or more rate increase. We shall mail or deliver written notice of the change(s) to the Members of the Fitness and Wellness Group at the mailing address shown in the Master Policy Declarations or the first Named Certificate Holder at the mailing address shown in the Certificate of Insurance and to the producer of record, if any, at least 60 days, but not more than 12D days, before the expiration date. 6. Mailing time must be added to the notice periods as follows; a. Add 5 days if the place of address and place of mailing is in California; b. Add 10 days if the place of address or place of mailing is outside of California; or C. Add 20 days if the place of address or place of mailing is outside the United States. Reviewed by Careen Acosta PCA/RCrtjorl Page 4 of 4 PI -FW -001 (01107) THIS ENDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY. COVERAGE C -- ATHLETIC ACTIVITIES EXCLUSION DELETION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities, is deleted in its entirety, Reviewed by IY ve Carmen Acosta Page 1 of 1 RCSA /Recrpatiort PI -FW -002 (03109) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, FITNESS AND WELLNESS LIABILITY INSURANCE EXCLUSIONS This endorsement modifies insurance prodded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusions are added to Paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and Paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: Exclusions This insurance does not apply to: a. Services Furnished by Health Care Providers (1) "Bodily Injury," "property damage" or "personal and advertising injury" based upon or arising out of, in whole or in part, the rendering of or failure to render: (a) Medical, surgical, dental, x -ray, or nursing service, treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) Any service, treatment, advice or instruction in chemical skin enhancement, laser hair removal or replacement. (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; or (3) The handling or treatment of dead bodies, including autopsies, organ donation or other procedures. f:;lIIeV1r`Cd by This exclusion does not apply to the rendering of first aid. Page 1 ofd, n Carmen Acosta RC AIRecreation PI -FW -002 (03109) Paragraph 2.a. (1)(b) above does not apply to a licensed physical therapist providing any health or therapeutic service, treatment, advice or instruction on behalf of a Named Certificate Holder. b. Vitamins, Supplements and Steroids (1) "Bodily injury," "property damage" or "personal and advertising injury" based upon or arising out of, it whole orir part, the production, testing or manufacture of vitamins, minerals, herbal supplements, medicinal supplements or nutritional supplements. (2) "Bodily injury," "property damage" or "personal and advertising Injury" based upon or arising out of, in whole or in part, the production, recommendation, selling, testing, promotion, solicitation, or manufacture of steroids. c. Improper Fees, Dues and Expenses "Bodily injury," "property damage" and "personal and advertising injury" based upon or arising out of, in whole or in part, improper fees, dues, and expenses incurred or charged by an insured. d. Communicable Disease (1) "Bodily injury," "property damage" or "persoral and advertising injury" arising out of any "communicable disease," including but not limited to the following: (a) Acquired Immune Deficiency Syndrome (AIDS); (b) Human Immunodeficiency Virus (HIV); or (c) Hepatitis. (2) This exclusion applies even if such damages arise or are alleged to arise as a result of the insureds' negligent hiring, placement, training, supervision, act, error or omission or alleged sexual and/or physical abuse. (3) For purposes of this exclusion, "communicable disease" means an infectious disease transmittable from person to person by direct contact with an affected person or that person's discharges or body fluids, Reviewed by e. Fungi or Bacteria Page 2of3„ Carmen Acosta CSAIRecreation PI -FW -002 (03109) (1) "Bodily injury," "property damage" or "personal and advertising injury" caused directly or indirectly by the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any: (a) "Fungi," "spores," or bacteria; or (b) Substance, vapor or gas produced by or Substance, vapor or gas produced by oror arising out of any "fungi," "spores" or bacteria. (2) Loss, costs or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi," "spores" or bacteria, by any insured or by any other person or entity. (3) For the purposes of this exclusion, the following definitions are added; (a) "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, "spores," scents or byproducts produced or released by "fungi." (b) "Spores" means reproductive bodies produced by or arising out of "fungi." This exclusion does not apply to any "fungi," "spores" or bacteria that are on, or are contained in, an edible good or edible product intended for human or animal consumption. Reviewed by �Arrnen Acosta Page 3 of 3 PI-FW -003 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FITNESS AND WELLNESS LIABILITY INSURANCE EXTENSION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL. LIABILITY COVERAGE PART A. The following is added to Paragraph 1. Insuring Agreement of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: "Bodily injury" or "property damage" arising out of the rendering of or failure to render "professional training services" shall be deemed to be caused by an "occurrence," B. For the purpose of determining the Limits of Insurance for the coverage provided by this endorsement, any act or omission together with all related acts or omissions in the furnishing of these "professional training services" to any one person will be considered one "occurrence." C. For purposes of this endorsement, "professional training services" means any service, advice, or instruction relating to physical fitness. eNhe ed b� tit Carmen Acosta Page 1 of 1 p C SA/Recreafio n PI -FW -005 (01107) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PUNITIVE DAMAGES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and Paragraph 2. Exclusions of SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: 2. Exclusions This insurance does not apply to: Punitive Damages Any punitive, treble or exemplary damages, whether or not such punitive, treble or exemplary damages arise out of any obligation to share damages with or repay someone else who must pay damages, Reviewed by 8/44 Carmen Acosta Page 1 of 1 PI -FW -006 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL] IT CAREFULLY SEXUAL ABUSE ENDORSEMENT This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Fart SCHEDULE Sexual Abuse Limits of Insurance Sexual Abuse Each Occurrence Limit: Sexual Abuse Aggregate Limit $104,000 $300,000 A. Except as otherwise provided by this endorsement, this policy does not apply to "bodily injury," "property damage" or "personal and advertising injury" caused by, based upon or arising, in whole or in part, out of any: 1. Actual, threatened or alleged "sexual abuse" or "sexual harassment'; or 2, "Negligent employment" of any person who caused or commits or is alleged to have caused or committed "sexual abuse" or "sexual harassment." As respects coverage afforded by this endorsement, the following changes apply to the COMMERCIAL GENERAL INABILITY COVERAGE FORM: B. Paragraph 1. of Section I -- Coverages — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages, including any "suit" alleging that the "bodily injury" arose out of "sexual abuse" caused or committed by the insured, However, we will have no duty to defend or continue to defend any insured against: (1) any "suit" seeking damages for "bodily injury" to which this insurance does not apply; (2) any "suit" for which the Insured is found to have in fact caused or committed an act of "sexual abuse "; or (3) any "suit" for which the insured has admitted to have in fact caused or committed an act of "sexual abuse." ��pp��C�?? We may, at our discretion, investigate any "occurrence" and sett) 1Qy \APrti°d"r0su1t that may result. But: Page 1 of 4 Carmen Acosta PRcSA/ ecre furl PI -FW -006 (01107) (a) The amount we will pay for damages is limited as described in Section F — Limits Of Insurance of this endorsement; and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or "defense expenses" under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided under Section D of this endorsement — Supplementary Payments — Coverage A and B. b. This insurance applies to "bodily injury" only if: (1) the "bodily injury" is caused by an 'occurrence" that first commences in the "coverage territory" at a specific date and time on or after the effective date of this endorsement and during the policy period; (2) the "bodily injury" arises out of "sexual abuse" caused or committed by your "employee "; and (3) the "sexual abuse" arises out of your "negligent employment" of that "employee." C. The insurance provided by this endorsement is subject to the following additional exclusions: 2. Exclusions This insurance does not apply to: a. Any person who: (1) Has admitted to or been found guilty of, or pled guilty or nelo contendere to any act involving "sexual abuse "; (2) Participated in, directed or knowingly allowed "sexual abuse "; or (3) Has failed to comply with any applicable law, ordinance or regulation which requires the reporting of "sexual abuse" after having knowledge of the "sexual abuse." b. Any expense associated with a criminal trial, proceeding or investigation, or to any expense for appeals for any "suit" against you or any person insured. c. Any claim for damages arising out of "sexual abuse" which is part of a series of related acts of "sexual abuse" if the first of such series of acts took place before the effective date of this endorsement. d. Any claim for damages arising out of "sexual abuse" alleged to have been caused or committed by any "employee" who had previously committed such an act of which any insured had knowledge. e. Any liability of others assumed by you under any contract or agreement, either oral or written. f. Any claim made against an insured by another insured. g. Any "sexual abuse" caused or committed by or which is alleged to have been caused or committed by any independent contractor or employee or agent of such independent contractor. h. "Sexual harassment." i. "Bodily injury" arising from any violation or alleged violation of the ci l # ass of any, Denson. } Page 2 of 4 Carmen Acosta PRC A/Reoreatian PI -FW -006 (01/07) D. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B With respect to the insurance provided by this endorsement, Paragraph 1.a, and Paragraph 2. of Section I — Supplementary Payments — Coverages A and B are deleted. E. WHO IS AN INSURED With respect to the insurance provided by this endorsement, Paragraph 2. of Section II — Who Is An Insured is deleted. F. LIMITS OF INSURANCE For purposes of the coverage provided by this endorsement, the following is added to Section III — Llmits Of Insurance of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM and applies solely to this coverage: 1. The Sexual Abuse Limits of Insurance shown in the SCHEDULE of this endorsement and the rules below fix the most we will pay for damages and "defense expenses ", regardless of the number of: a, Insureds; b. Claims made or "suits" brought; or c, Persons or organizations making claims or bringing "suits." 2. The Sexual Abuse Aggregate Limit shown in the SCHEDULE of this endorsement is the most we will pay for the sum of all damages and "defense expenses" because of ail "bodily injury" arising out of "sexual abuse." 3. Subject to 2. above, the Sexual Abuse Each Occurrence Limit shown in the SCHEDULE of this endorsement is the most we will pay for the sum of all damages and "defense expenses" because of all "bodily injury" arising out of "sexual abuse" from any one "occurrence." 4. Subject to 1., 2., and 3. above, covered damages for which insurance is afforded by this endorsement will apply against and reduce the General Aggregate Limit of this policy, as described in Paragraph 2. of Section III — Limits Of Insurance of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed to be part of the last preceding period for purposes of determining the Limits of Insurance. G. For purposes of the coverage provided by this endorsement, the following definitions are added to Section V — Definitions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM: 1. "Defense expenses" means: a. Fees, costs and expenses charged by attorneys retained by us; and b. Reasonable and necessary fees, costs and expenses resulting from the investigation, adjustment, defense or appeal of a claim. "Defense expenses" do not include: a. Salaries, foss of earnings, reimbursement for the insured's time or attendance required at any investigation, defense or appearance; or Reviewed bY b. Other remuneration by or to any Insured, Page 3 of 4 Carmen Acosta P C A/Recreaticn PI -FW -006 (01107) 2. "Negligent employment" means negligent selection, investigation, supervision, training or retention of an "employee." 3. "Sexual abuse" means actual or alleged physical abuse arising out of a single, continuous or repeated exposure of one or more persons to acts of a sexual nature involving inappropriate physical contact caused by or committed by; a. One person; or b. Two or more persons acting together or in related acts or series of acts. All related, interrelated, repeated or continuous episodes of "sexual abuse" involving the same claimant or perpetrator shall be deemed to be a single 'occurrence." 4. "Sexual harassment" means inappropriate non-physical actions or verbal comments or suggestions of a sexual nature. H. For purposes of the coverage provided by this endorsement, Paragraph 13. of Section V — Definitions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include: 13. "Occurrence" means any act of "sexual abuse." P,eviewed by Carmen Acosta Page 4 of P RC, SAIRecreatior, PI -FW -007 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIFIC CLAIMANT EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exciusions are added to Paragraph 2. Of SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY. 2. Exclusiotis This insurance does not apply to: Any actual or alleged "personal and advertising injury" asserted by or on behalf of Bikram Choudhury, Rajashree Choudhury, their corporations, subsidiaries, affiliates or other related business enterprises or successors in interest. Reviewed by Carmen Acosta SA/Recreation Page 1 of 1 PI- FW-008 (01107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIOLATION OF COMMUNICATION OR INFORMATION LAW EXCLUSION This endorsement modifies insurance provided under the: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Exclusions of Section I - Coverage A - Bodily Injury and Property Darnage Liability and Coverage B - Personal and Advertising Injury Liability, Paragraph 2.: 2. Exclusions: This insurance does not apply to: Violation of Communication or Information Law "Bodily injury ", "property damage or "personal and advertising injury" resulting from or arising out of any actual or alleged violation of: A. The federal Telephone Consumer Protection Art (47 U.S.C. § 227), Drivers Privacy Protection Act (18 U.S.C.§ 2721 -2725) or Controlling the Assault of Non - Solicited Pornography and Marketing Act (15 U.S.C, § 7701, et seq), or Any other federal, state, or local statute, regulation or ordinance that imposes liability for th e: (1) unlawful use of telephone, electronic mail, internet, computer, facsimile machine or other communication or transmission device; or (2) unlawful use, collection, dissemination, disclosure or re- disclosure of personal information in any manner by any insured or on behalf of any insured. Reviewed by Carmen Acosta Page 1 of 1 P CSA /Re reatiOr! PHILADELPHIA INSURANCE COMPANIES M )i the -1 r;tdo Mrlrliw ( "To up One Bala Plaza. Suite 100. Bala Cynwyd, Pennsylvania 19004 610,617.7900 • Fax 610,617.7940 • PHLY.com 09/12/2015 Santiago Bautista 1523 W 6th St Santa Ana, CA 92703- Re: Account #, 81676411 Policy #: PHPKI086454 -002 Dear "Valued Customer: Thank you very much for choosing Philadelphia Insurance Companies (PHLY) for your insurance needs. Our first class customer service, national presence and A++ (Superior) A.ivl. Best financial strength rating have made us the selection by over 150,000 policyholders nationwide, l realize you have a choice in insurance companies and truly appreciate your business. 1 wish you much'-success this year and look forward to building a mutually beneficial business partnership which will prosper for years to tonne. Welcome to PHLY and please visit PHLY.com to learn more about our Company! Sincerely, Jam -(D D, O'Leary Jr, President & CEO Philadelphia Insurance Companies Reviewed by .r Carmen Acosta PRCSA/Recreation Pltitadelphia Consolidated Holding Carp. - Philadelphia Indemnity rnsurance Company - Tokio Marine Specialty Insurance Company • Nlagtlire Insurance Agency, Inc, Fitness and Wellness Insurance A Member of Philadelphia Insurance Companies Tel: 877 - 438 -7459 • Fax: 866- 847 -4046 • CA License #0377645 �Ek, Name: Santiago Bautista Account #: 81676411 Address: 1523 W 6th St Expiring Policy #: PHPK1086454 -001 Santa Ana, CA 92703- Renewal Date: 10111/2015 Policy Type: General and Professional Liability Policy Limits: $1,000,0001$3,000,000 Total Balance Due *: $172,00 Total charge includes insurance premium, applicable taxes, and a $50 Risk Purchasing Group administration fee that is fully earned and non- refundable. if you have made changes to your operations, such as producing videos, [easing or purchasing a facility, or hiring employees, please call customer service for a revised premium. This payment notice is being sent thirty (30) days prior to the expiration of your current policy. Your policy has been automaticaily renewed and issued and is enclosed. If payment is not received by your policy expiration date, your renewal will be automatically canceled. Available payment options are below. Questions? Please call customer service 877- 438 -7459 If payment has already been made, please disregard this notice. If you do not wish to renew your current coverage, please send an email to CLIstservCcDphhyins,com specifying the insured name and address, policy number, policy term, effective date of cancellation and reason for cancellation. If this is brokered business please contact your agent to cancel. Please note the following payment options for renewal of your insurance coverage: 1, You can renew via Visa or MasterCard on -line at www fitnessandwellness.com or by contacting our customer service department at 877 - 438 -7459. 2. You can renew via check made payable to Fitness and Wellness Insurance by mailing your payment notice and check to: Fitness and Wellness Insurance P.O. Box 70251 Philadelphia, PA 19176 -0251 Nate: if you have a landlord, facility owner, or other party to be listed as an additional insured, please attach a list including name and marling address. All correspondence should be sent to: Philadelphia Insurance Companies Attention: Customer Service One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Please detach here Fitness and Wellness Insurance If you are an IDEA member and your membership has lapsed, please go to www.ideafit.com to activate your membership prior to making payment. Membership M Phone: Membership Expiration Date: Email: Reviewed by a � Carmen Droste PRC AIRecreation Name: Santiago Bautista Account #: 81676411 Expiring Policy #: PHPK1086454 -001 Expiration Date: 10/1112015 Total Balance Due: $172.00 ACORD 25 (2009 /01) DATE (MM /DD/Y1 CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Maguire losurence Agency, lnc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 77101 Puerto Real Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR Mission Viejo, CA 92691. ALTERTHE COVERAGE AFFORDED BY THE POLICIES BELOW. 87 7.438,7,159 NAIC N 5a Miss 0 Bautista INSURER B: 1523 W Eth St F INSURER C; Santa Ana, CA 92703 INSURER L) LU V CKHU r THE POLICIES F I ONSURANCE LisTD E BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RF5PECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS5HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRO TYPE OF INSURANCE POLICY NUMBER GATE MMj00 /YYYYI DATE (MMlDDlYYYYI LIMITS A X GENERAL LIAAILIYY PHPR1D&6451. 10/11/2015 10/11/2016 EACH OCCURENC�E _ $1,000,000 % COMMEflCIAt GENERAL LIABILITY flog PREMISES Ea occurrence $100,Otltl CLAIMS MADE � OCCUR M£O EXP (Arty One Petson) $2,500 PERSONAL & ACV INIURY 51,000.000 X PROFE$SICNAL LIAPILITY GWLAGGREGATE LIMIT APPLIES PER: P PRODUCTS - COMP /OP AGG G .M X POLICY M PROTECT LI AUTOMABILR LIABILITY C COMBINED SINGLE LIMIT TEA aecidnntl ANY AD TO ALL OWNED AUTOS B BODILY INI URY (Per person) SCHEDULED AUTOS • •— ••• "'""�• • "'"' MIRED AUTOS B BODILY INJURY (per accident) NON -OWNED AUTOS ' '"'— ""' " ^�• PROPERTY DAMAGE {Per acciden�l AU ONLY- EA ACCIDENT GARAGE LIABILITY T OTHER OESCRIP IrON OF OPERATIONS f LOCATIONS/ VEH €CLES / EMMIL]S 6NS ADDED BY ENDORSEMENT / SPEC {AL PROVISIONS It is understood and agreed that the following entity's added as an additional insured but 001Y with respecdsI Ie the operatlons of the named Insured Axcept that Iiab9iRy resuRing `tom the addltipnai insured's wIe negligence. CERTIFICATE HOLDER LjitV4 rLLPAI Ivty J - SHOULD ANY OF THE ABOVE DESCRIBED P" IlIS1�RE CANCELIEO BEFORE THE E %PIRATION GATE THEREOF, THE ISSUING INSUU�{d4 I� N NOTICE TO THE CERTIFICATE HOLDER NAMED O Pf,� F I (�R�k{O'aad ��OSNO OBLIGATEDfJ OR LIABILITY OF ANY KIND UPON THE 1RSURER, ITS AGENTS OR REPRESENTATIVES, , Canner Acosta ACORD 25 (2009/01) Q 1988 -2009 ACORD CORPORATION r `' �� r s ed, The ACORD name and logo are registered marks Of ACORD e IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemert(s), DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer {s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. I ACORD 25 (2009/01.) Reviewed by Carmen Acosta PRCSA/Recreation