TARGET BALE LEASE/TRANSFER AGREEMENT

Lessee: [JOAD CLUB]

Address:

Guarantor:

Lessor: Texas State Archery Association (“TSAA”)

Address: 5648 Hearne Rd, Bryan, TX, 77808, USA

TSAA agrees to lease __ bales to Lessee for a period of two years from the effective date of this agreement.  If Lessee complies with the terms of this agreement, at the conclusion of the two-year lease, TSAA will transfer ownership of the leased bales to Lessee and provide Lessee with a bill of sale memorializing this transfer.

1. TSAA’s Promises: TSAA will provide Lessee with __ bales which are suitable for use on an outdoor archery range.  Two years after the effective date of this agreement, TSAA will transfer ownership of the bales to Lessee and provide Lessee with a bill of sale for the bales.

2. Lessee’s Promises: Lessee agrees to host two Texas Outdoor Target Series (“TOTS”) tournaments per year during the lease term.  Lessee further agrees to participate as a tournament site for all virtual tournaments organized by the TSAA.  Lessee agrees to host one outdoor target tournament per year outside of the TOTS tournaments described above.  Lessee will remain registered with USA Archery and in good standing for the duration of this agreement.  Lessee also agrees, if they have not already done so, to incorporate in the State of Texas and assign all promises made under this agreement to the corporate entity.  All tournaments described in this section must be registered with USA Archery, use the USA archery provided portal for registration, and adhere to the competition classes set by the TSAA.

3. Bale Logistics and Disclaimer: Lessee is solely responsible for transporting the bales and securing all other necessary equipment to host the tournaments described in this agreement.  Lessee must pick up the bales from the TSAA within thirty (30) days of the effective date of this agreement.

4. Guarantor: Lessee’s guarantor must be either the managing member of Lessee if it is a corporate entity, or the head coach of Lessee if it is a JOAD club registered with USA Archery.  Guarantor agrees to stand in Lessee’s shoes in the event of Lessee’s default and that any liability assessed against Lessee will be assessed against Guarantor as well.  

5. Default: Failure to comply with the terms of this agreement, provided that written notice has been provided to the breaching party and that the breach has not been cured within ten (10) days of the notice’s receipt, will constitute default.  On TSAA’s default, Lessee may exercise any remedy provided by law.  On Lessee’s default, TSAA is entitled to recover liquidated damages in the amount of $_______.  The prevailing party in any lawsuit relating to this agreement is entitled to recover their attorney’s fees and costs.

6. Forbearance.  TSAA’s failure to exercise any remedy it is entitled to under the terms of this agreement does not constitute waiver of said remedy.

7. Indemnity. Lessee agrees to indemnify TSAA and hold it harmless from any damages relating to the performance of this agreement resulting from Lessee’s negligence, intentional acts, or reckless acts, all damages resulting from Lessee’s negligence or malfeasance intermixed with TSAA’s negligence, and all damages caused by TSAA’s negligence.   

8. Disputes. Lessee and TSAA agree that any dispute regarding the terms of this agreement must be submitted for mediation as a condition precedent to filing suit.  In the event mediation is unsuccessful and litigation related to the agreement is filed, Lessee and TSAA agree that venue is proper in Harris County, Texas.

9. Severability.  If any portion of this agreement is found to be unenforceable or void by a court of competent jurisdiction, the parties agree that the other portions of the agreement remain valid unless also so found.

10. Entire Agreement. This agreement is the entire agreement between the parties and may not be modified except in writing signed by both parties.

11. Effective Date. The effective date of this agreement is the date of the last signature affixed below.

[SIGNATURES ON FOLLOWING PAGE]

Lessee: ___________________________  Date: _______

TSAA: ____________________________ Date: _______

By: Michael Hojnacki, President