USE AGREEMENT BETWEEN

GREY OAKS HOMEOWNERS ASSOCIATION, INC.

AND
GREY OAKS AQUATIC LEAGUE

THIS USE AGREEMENT is entered into this 27 day of April, 2021 between Grey
Oaks Homeowners Association, Inc. ("Association"), a Virginia nonstock corporation and
Grey Oaks Aquatic League, a Virginia corporation ("GOAL"). The current President of
GOAL (or a current Officer of GOAL who is appointed by the President and is at least 21
years of age) shall be the Responsible Person to act as a liaison between GOAL and the
Association, the Managing Agent and the Pool Manager. For the purpose of this
Agreement, the Association’s Board of Directors shall refer to and mean the “Association”.
GOAL desires to use some of the Association’s facilities for GOAL activities and the
Association desires to accommodate GOAL subject to the terms and conditions below.
The Association and GOAL have agreed that it is in the best interest of both corporations
to enter into an agreement so as to further clarify the relationship between the parties and
to define GOAL’s use of the Association’s facilities, as follows:

GENERAL

1. Term. The term of this Agreement is for June 12, 2021 through July 17, 2021.

2. Pool Facility. For the purposes of this Agreement, the Association’s facilities shall
include the main pool, the pool decks, the pool house as more specifically defined herein,
the 62 space parking lot all located on that certain parcel of land near the southeast corner
of the intersection of Pouncey Tract Road and Grey Oaks Park Drive in Henrico County,
Virginia, which is known as the Grey Oaks Swim & Racquet Club (“Pool Facility”). The
Pool Facility will be available to GOAL only for practices and swim meets, if applicable.

3. Swim Meets. No swim meets will be held during this swim season and GOAL
acknowledges that there is no guarantee that swim meets will be allowed in future years. If
GOAL desires to host swim meets in subsequent years, GOAL shall notify the Association
of such desire prior to making such commitment to Greater Richmond Aquatics League
(“GRAL”) or by January 1st of the calendar year for that swim season, whichever occurs
earlier. Upon such occurrence, GOAL acknowledges that this Agreement may be modified
for requirements related to traffic control, parking, lighting, the use of the Pool Facility and
other issues that may arise during swim meets. The pool house will be available for use
only for medical emergencies and for the use of the restrooms. The Pool Facility shall not
be used for any other purpose, including the toddler pool, baby pool, the pool slide or any
other use of the pool house.

In the event GOAL hosts GRAL swim meets at the Pool Facility in future years,
GOAL shall provide a sufficient number of parking attendants to direct traffic.
Additionally, GOAL shall erect temporary signage and/or station a parking attendant at
each entranceway to the Villas at Grey Oaks neighborhood (“Villas”), which is the
residential community adjacent to and east of the Pool Facility, to discourage parking in

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the Villas. GOAL shall be responsible to clean the pool decks and restrooms immediately
after each swim meet, if applicable. No vehicles shall be permitted to park on the private
roads in the Villas or on any grassed area in the Pool Facility parking lot or grassed area
along any roadways in the Grey Oaks subdivision. Parking is permitted along all other
roadways in Grey Oaks subject to the regulations of Henrico County. Swim meets shall be
held between the hours of 4:00 pm and 11:00 pm on weekdays subject to the Lighting
provision in the Disclosure paragraph below. The Association hereby sets a maximum
number of swim meet participants at 300 swimmers and a maximum capacity of
bystanders attending a swim meet at 450.

4. Practice Sessions. For this swim season, GOAL has elected not to become an official
team in GRAL. GOAL instead intends to conduct practice sessions only to prepare its
participants for future membership in GRAL. Practice sessions shall be held only on
Saturdays and weekdays between 7:45 am and 9:45 am during this swim season. GOAL
shall be responsible to clean the pool decks and restrooms immediately after each practice
session. All equipment shall be stored in the designated areas and all cleaning shall be
completed by 9:30 am. The Association hereby sets a maximum number of swimmers at a
practice session at 150 inclusive of staff members.

5. GOAL Participants. All GOAL participants shall reside in the Grey Oaks subdivision.
For this swim season, GOAL shall provide the Association a participant list that includes
the parent’s or guardian’s names, addresses and phone numbers and the name and age of
each participant by the 3rd Monday in May of this year. All parents and/or guardians of
each participant shall sign a Release and Waiver Form (“Waiver Form”) attached hereto as
Exhibit “A” and incorporated by reference herein. For this swim season, all Waiver Forms
shall completed and returned by the 3rd Monday in May of this year. A signed copy of
this Use Agreement shall be attached to each Waiver Form. Only participants named on
the final list prepared by the Managing Agent shall be permitted to participate in GOAL
for this swim season. No bystanders or other persons shall be permitted to enter any
swimming pool at any GOAL event.

6. Swim Season. This year’s “swim season” shall extend from June 1, 2019 through July
13, 2019. The parties acknowledge that for this swim season, GOAL has elected to not
join GRAL and instead will conduct practice sessions only. GOAL nevertheless agrees
that it shall comply with any and all rules and regulations of GRAL as such rules may
apply to practices, training, safety, lifeguard requirements, as if it was a member of GRAL.
Moreover, GOAL agrees that if a conflict arises between any of GRAL’s rules and
regulations and the terms in this Agreement or in the Association’s governng documents,
the terms in this Agreement or in the governing documents, as the case may be, shall take
precedence and be determinative of the matter.

GOAL OBLIGATIONS

A. GOAL will be responsible for funding its own capitalization and operating
expenses through the collection of fees from its membership and through its own
fund raising activities. GOAL shall retain and pay its own coaching staff, and shall
be responsible for any and all payroll taxes, insurance coverage of its staff,

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 including workmen’s compensation insurance, and any required licensing of its
staff. GOAL shall provide proof thereof upon the request of the Association.

B. GOAL will obtain and maintain its own Federal Tax ID number and pay its own
Federal and State taxes.

C. GOAL will ensure effective and continuous adult supervision of all GOAL
activities and activities involving children, to include the practices and meets that
take place on Association property.

D. GOAL will ensure that all federal, state and local laws as well as all applicable
regulations of GRAL regarding swimming pool use for competitive meets, as well
as for practices, are followed.

E. GOAL will accept full responsibility for adherence to all of the Association’s rules
and regulations while it is using the Pool Facility.

F. GOAL, its members, employees, officers, directors, guests and invitees shall
indemnify, reimburse, and forever hold harmless the Association, its Board of
Directors, and its employees, agents and members from any and all injuries, costs,
damages, causes of action, losses, defense costs, fines, penalties, claims and any
consequential and incidental damages arising out of GOAL’s use of the Pool
Facility under the terms of this Agreement. GOAL shall be solely responsible to
pay the cost to repair or replace any damage caused to the Pool Facility that occurs
during any GOAL event. The Association shall have the right to make such repairs
or replacement and bill the cost to GOAL. To the extent practical, the Association
will provide the GOAL President a copy of the proposed work order prior to
repairing or replacing the damaged property. The Association however may make
any repairs and/or replacements that are, in the sole opinion of the Association,
necessary to operate the Pool Facility without providing the GOAL President with
a copy of the proposed work. Upon such occurrence, the Association shall get at
least two proposals for such work. GOAL shall reimburse the Association within
30 days after the date it receives notice and an invoice from the Association.

G. The Association and its officers, directors, members, the Managing Agent and the
Pool Manager, hereby disclaim any responsibility for exercising any control, care
or custody of the participants of any GOAL functions conducted at the Pool
Facility. Further, GOAL releases the Association, its officers, directors, members,
the Managing Agent and the Pool Manager from any such responsibility, which
includes any responsibility for the care, custody and control over the equipment
used by GOAL. GOAL acknowledges that the Association has no liability for loss
or damage to GOAL property or the property of its members and guests that is
used, left, or stored on or within property owned or under the control of the
Association.

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H. Requests for previously unscheduled date(s), including proposed rain date(s),
must be submitted in writing to the Association’s Managing Agent (currently,
Association Community Services, Inc.) at least one (1) week in advance. Requests
will be considered by the Association on a case-by-case basis. In the event of
emergency requests to schedule or reschedule meets, the Association will act as
expediently as possible.

I. The GOAL President shall list the names, addresses, Email addresses, and phone
numbers for all current GOAL Officers and Board of Directors, the Responsible
Person, the Head Coach, Head Assistant Coach and all Assistant Coaches in the
spaces provided in the GOAL INFORMATION SHEET at the end of this Use
Agreement. The age of each coach shall be provided.

J. GOAL will be responsible for clean up after practices and swim meets, if
applicable. Any items such as deck chairs, tables, and sunscreens will be returned
to their original place per the Association's directions; GOAL equipment will be
returned to the designated storage areas each day or removed from the Pool
Facility as required in this Agreement.

K. GOAL will ensure that any litter in and around the Pool Facility that was not there
upon arrival is removed before leaving for the day. Litter in and around the Pool
Facility upon arrival must be removed or reported to the Managing Agent
immediately upon arrival each day.

L. GOAL will inform visitors of parking and neighborhood courtesies prior to swim
meet days and help ensure the extra traffic and noise do not create an undue
nuisance for residents living near the Pool Facility.

M. GOAL shall not be held responsible for any damages as a result of mechanical
failure or inoperable conditions due to normal wear and tear of the pool
equipment or from pre-existing equipment or facility problems that would render
the Pool Facility closed.

N. GOAL shall be solely responsible for its compliance with any and all rules and
regulations of GRAL, including, but not limited to, membership, coaching,
staffing, swim meets, travel and practice, including all fees, registration and
communication. GOAL shall obtain and maintain a membership in good-standing
in GRAL during each swim season. If a conflict arises between any of GRAL’s
rules and regulations and this Agreement or the Association’s governng
documents, the terms in this Agreement or in the Association’s governing
documents, as the case may be, shall take precedence and be determinative of the
matter.

O. GOAL shall be responsible to pay the entire cost for lifeguard coverage related to
all GOAL activities. GOAL shall enter into a separate agreement with the then
current pool management company (“Pool Manager”) for lifeguard coverage (the

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 Pool Manager is Douglas Aquatics). The Pool Manager, and no other source,
shall provide at least 3 certified lifeguards for any swim meets, if applicable. The
separate agreement shall require that if the hours of any GOAL event overlap the
normal operating hours of the Pool Facility, GOAL shall pay the Pool Manager
the cost of the lifeguards, and that the Pool Manager shall reimburse the
association for the number of such hours. All lifeguards, including the Head
Coach, the Head Assistant Coach and all other Assistant Coaches (sometimes
referred to as “GOAL Coaches”) shall have American Red Cross Lifeguard
Training, CPR for the Professional Rescuer Training and First Aid Training or
equivalent certifications in good standing. GOAL shall provide the Association
with copies of all such certificates by the 2nd Thursday in May of this year.

P. GOAL shall obtain and keep in good standing a general liability policy that names
the Association, its officers and director as additional insureds that has coverage
limits of at least $1,000,000 per single occurrence and $2,000,000 aggregately. A
copy of the policy shall be provided to the Association by the 2nd Thursday in
May of this year.

ASSOCIATION OBLIGATIONS

A. The Association shall provide GOAL with access to the Pool Facility for the
purpose of holding practices and hosting swim meets, if applicable, at times that
are mutually agreeable to the Association and GOAL.

B. The Association shall provide GOAL with access to the Pool Facility as such term
is defined in this Agreement. Requests for additional/previously unscheduled
date(s) must be submitted in writing to the Managing Agent at least one (1) week
in advance. Requests will be considered by the Association on a case-by-case
basis.

C. The Association reserves the right to deny access to the Pool Facility to any
GOAL participant and his or her family members and guests if any assessments
due the Association are delinquent, or if any such party has been found to be in
violation of the Association’s governing documents and/or rules and regulations.

D. The Association shall not be held responsible for any damages as a result of
mechanical failure or inoperable conditions that would render the Pool Facility
closed.

POOL FACILITY OPENING AND CLOSING, SAFETY AND SECURITY

The opening and closing of the Pool Facility must be done by at least one of the GOAL
Coaches. If a GOAL Coach is not available, the practice or swim meet, if applicable, will
be canceled. GOAL shall open and close the Pool Facility in accord with the procedures
established by the Association. At a minimum, GOAL shall restore the Pool Facility to the

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same condition that existed prior to the GOAL’s use of the Pool Facility.

POOL FACILITY CLOSURE

The Association reserves the right to close the Pool Facility in its discretion when
deemed necessary or prudent by the Association for health or safety purposes or to
perform needed maintenance or repairs; and any such closure shall not be deemed a
default under this Agreement. If, at any time, GOAL or a GOAL Coach observes a
potentially hazardous situation relating to its activities at, or use of, the Pool Facility,
GOAL or GOAL Coach shall inform the Managing Agent as soon as possible.

STORAGE

GOAL Equipment and Supplies. During the swim season, all equipment and supplies
may be stored in areas designated by the Association. The pool house is not available for
the storage of any equipment, item or supplies. Lane ropes and lines shall be stored on a
covered spool when not in use. The swimming blocks shall be movable blocks similar in
size and construction to the swimming block shown in Exhibit “B” attached hereto and
incorporated by reference herein. The swimming blocks shall be pulled back and stored
in the designated areas each practice session and any swim meet, if applicable.
Swimming blocks with metal poles that are to be inserted into holes in the pool deck are
not acceptable. During the off-season, all equipment and supplies shall be stored offsite.
GOAL shall be responsible for obtaining insurance coverage for its equipment. The
Association will not insure these items.

DAMAGE AND ALTERATIONS TO PROPERTY.

GOAL shall be fully responsible and liable for the cost of any repairs or replacements
required as a result of GOAL, GOAL Coaches, its members, guests or invitees, or other
persons under GOAL’s direction, supervision or control damaging any property of the
Association or of the Association’s members and residents and guests. However, this
provision shall not apply to normal wear and tear, and any pre-existing equipment or
facility problems. In no event shall GOAL make any temporary or permanent
improvements to or within the Pool Facility or otherwise install, hang or display
equipment, devices or other objects or materials that alter the appearance of the
Association Pool Facility without first obtaining the prior written approval of the
Association. All signage must be removed promptly following the meet, if applicable,
and GOAL shall be responsible for any damage to the Pool Facility caused by the
placement and/or removal of such signage.

DISCLOSURE

1. Villas at Grey Oaks. The roadways in the Villas at Grey Oaks are private roads that
are maintained by and at the cost of the unit owners in the Villas. Parking will not be
available in the roadways in the Villas. The owners in the Villas have the right to tow any
unauthorized vehicles from the Villas’ property.

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 2. Lighting. The Pool Facility is not lighted. As such, the Pool Facility may not be
usable for night swim meets. Although GOAL has proffered that no swim meets will be
held at the Pool Facility this swim season, the lack of lighting likely will become a
problem if GOAL desires to host night time swim meets at the Pool Facility in future
years. The Association understands that, at prices current as of the date of this Agreement,
one lighted pole costs about $3,000, and that 6 to 8 poles would be needed to sufficiently
illuminate the pool deck in a safe and satisfactory manner. Such lighting would be used
infrequently if at all by other members of the Association. The $18,000 to $24,000 cost
(2010 price) to light the pool deck would not likely be approved by the Association’s
current Board of Directors given the limited benefit the Association would realize from
such expenditure. If GOAL desires the pool deck to be lighted, GOAL would be required
to bear the entire cost thereof. GOAL additionally would have to satisfy the concerns that
the adjacent unit owners may have with the lighting, noise and parking issues that would
occur with night swim meets.

ASSIGNMENT.

Neither party shall assign this Agreement without the prior written consent of the other
party.

ENTIRE AGREEMENT/MODIFICATIONS/RENEWAL

This Agreement shall constitute the entire agreement between GOAL and the Association,
and no variance or modification hereof shall be valid and enforceable except by a
written amendment or addendum to this Agreement executed and approved in the
same manner as this Agreement.

TERMINATION, SUSPENSION OF USE AND SAFETY RULES

GOAL may terminate this Agreement on fourteen (14) days’ written notice to the
Association. The Association may suspend or terminate GOAL’s use of the Pool
Facility for the violation of any of the terms and conditions set forth in this
Agreement without liability to GOAL. The Association reserves the right to
impose additional reasonable requirements at any time for matters of safety or to
protect the Association’s property.

SEVERABILITY

In the event that any provision of this Agreement shall be adjudged illegal or invalid, such
determination shall not affect the validity of any other clause or provision of this
Agreement, or give rise to any cause of action in favor of either party as against the
other and all remaining clauses and provisions shall remain in full force and effect
and shall be binding against all parties hereto.

GOVERNING LAW/ATTORNEYS’ FEES

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This Agreement shall be governed by and construed in accordance with the laws,
ordinances and regulations of the Commonwealth of Virginia and Henrico County.
In the event any dispute arises between the parties over this Agreement that results
in litigation, the parties agree that the prevailing party to such litigation shall be
entitled to recover from the non-prevailing party its reasonable attorneys’ fees and
the costs incurred in the litigation.

NOTICE

Notices allowed or required pursuant to the Agreement shall be either hand-delivered or

sent by United States certified mail, return-receipt requested, to the parties as set
forth below:

To the Association:
Board of Directors
Grey Oaks Homeowners Association, Inc.
c/o Association Community Services, Inc.
4912 West Broad Street, Suite 204
Richmond, VA 23230

To GOAL:
President                
Grey Oaks Aquatic League
c/o Kathryn Niederer                
6016 Stonewick Ct
Glen Allen, VA 23059

IN WITNESS WHEREOF, the parties by their duly authorized representatives have

executed this Agreement on the day and year written below.

GREY OAKS HOMEOWNERS GREY OAKS

ASSOCIATION, INC. AQUATIC LEAGUE

By: Larry Zacharias, President By: Kathryn Niederer, President

By: Jennifer Kotze, Vice President