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Mayors Fitness Challenge City Application Agreement

It is with a great deal of pleasure that I submit the following proposal to you for your consideration and approval.  Please find the information about the exciting PHIT America Mayors Fitness Challenge (“the Challenge”)below.  If you agree with these terms, please indicate this by filling out the requested information and submitting the application.  PHIT America will review your application and contact you to confirm your agreement in participating in this program. Upon final acceptance by PHIT America ("PA") and the City ("CITY"), this will formalize our agreement.

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In going forward:
1. PA grants your City a nonexclusive and revocable license to use PHIT, PHIT AMERICA, PHIT AMERICA MAYORS FITNESS CHALLENGE, www.PHITAmerica.org, and the logo solely in connection with its participation in and promotion of the Challenge, with credit to PA, without right to sub-license, and subject to PA’s right to approve or disapprove all uses of its trademarks and service marks by your City.
2. PA will provide CITY a Fitness Challenge framework for their program.
3. PA will provide CITY with “best practices” and tools to use in implementing the Challenge in its community and other materials for CITY’s use.
4. PA will promote its PHIT AMERICA MAYORS FITNESS CHALLENGE program and CITY PARTICIPATION as appropriate from time to time.
5. CITY shall comply with PA’s requirements for participation in the Challenge, which are set forth in the application to participate and may be subsequently adopted by PA and communicated to CITY.
6. CITY, to the extent permitted by law, shall indemnify, defend and hold harmless PA and its affiliates, and their respective officers, directors, members, employees and agents (“the indemnified parties”) from and against any and all claims and losses, including, but not limited to, attorneys fees and court costs, that any of the indemnified parties may become subject to or incur and that may arise from CITY’s participation in the Challenge or from events relating to the Challenge in CITY’s community. Solely for the purposes of complying with this section of the letter, CITY unconditionally and irrevocably:
6.1. agrees that the execution, delivery and performance by it of this Agreement, and the performance of all undertakings pursuant to this Agreement, constitute private and commercial acts and not public or governmental acts;
6.2. agrees that, should any legal proceedings be brought against it or its assets in any jurisdiction in relation to this Agreement or the Challenge, no immunity, sovereign or otherwise, from such proceedings, executions, attachment or other legal process shall be claimed by or on behalf of the CITY or with respect to any of its assets; and
6.3. consents generally in respect of the enforcement of any judgment against it, in any legal proceedings in any jurisdiction, to the giving of any relief or the issue of any process in connection with such proceedings, including, without limitation, the enforcement or execution against or in respect of any property irrespective of its use or intended use.
7. CITY shall require all individuals participating in its Challenge events to execute releases and waivers of all claims against CITY and PA, its affiliates, and their respective officers, directors, members, employees and agents, arising from involvement in the Challenge.
8. City understands that PHIT America can use the CITY PARTICIPANT names and emails for occasional educational fitness or health News Articles or Tips from PHIT America or PHIT America Sponsors 
9. In its promotions, website and publicity, CITY shall refer to PA’s website (www.PHITAmerica.org) for information, tips and support.
10. Either party may terminate this Agreement at any time by providing thirty (30) days written notice to the other. Upon termination of this Agreement, CITY shall immediately cease all use of PA’s trademarks and service marks and shall convey back to PA, or destroy, at PA’s option, all materials in CITY’s possession or control that contain any of PA’s trademarks and service marks, as well as all other materials provided to CITY by PA pursuant to this Agreement, without retaining any copies of same. Such termination shall not terminate CITY’s obligations under Section 6 of this Agreement.
10. The Rules and Policies governing the Challenge are incorporated by reference. PA reserves the right to revise them upon notice to CITY.
We sincerely look forward to a most positive result and impact on the community as a result of the Mayors Fitness Challenge.
By Accepting To This Agreement, the City Applying Accepts Terms of this Agreeement
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City Requirements to be part of the Mayors Fitness Challenge

  1. Will establish a local website on the Mayor’s Fitness Challenge
  2. Promote the 10 week Mayor’s Fitness Challenge during the year
  3. Find ways for influence outstanding results from local participants
  4. Find a local accredited university, hospital, clinic, etc. to conduct a ‘weigh in’ pre and post the competition for local participants – See Weigh In parameters below
  5. Have this ‘weigh in’ partner (pt. 4) send in the City’s results to PHIT America
  6. Use the registered trademark of the PHIT America Mayor’s Fitness Challenge & PHIT America on your website
  7. Sign this application and contract
  8. Make a donation of their choice to PHIT America – Not Mandatory

 Requirements to be part of the Mayors Fitness Challenge City of the Year Award

  • To qualify for the national Mayors Fitness Challenge City of the Year, a city must have at lease 50 local participants or ¼ of 1% of the population who take part of the competition during their 10 week Mayor’s Fitness Challenge

‘Weigh in’ Parameters:

  1. Participants are ‘weighed in’ at the start of the 10-week period and at the end at an independent firm (university, hospital, clinic, etc.)
  2. Independent ‘weigh in’ firm supplies the results INFO@PHITAmerica.org
  • Number of participants
  • Total weight loss of all participants
  • % Weight loss
  • Average weight loss

On PHITAmerica.org, cities are ranked based on the greatest % of weight lost in the 10 week time period

Note: Cities may want to expand the parameter in their community; Names of participants are held private by the recording institution;  Participating cities are requested to be part of the PHIT America Alliance and ‘receive and post’ PHIT America informational New Flashes