CM-2026-075 - 3/20/2026 Bond Sports Agreement
This Agreement ("Agreement") is made and entered into as of 03 / 11 / 2026 (the
"Effective Date"), by and between The City of Round Rock, with an address of 221 East Main
Street, Round Rock, Texas 78664 and Round Rock Sports Center, with an address of 2400
Chisholm Trail, Round Rock, TX 7868 (collectively referred to as the"Facility"), and Bond Sports,
Inc., a Delaware corporation having an address of 1095 Broken Sound Pkwy, Suite 101, Boca
Raton FL 33487 ("Bond Sports"). The Facility and Bond Sports may be referred to herein
individually as a "Party" and collectively as the "Parties."
PREAMBLE
WHEREAS, Bond Sports operates a web-accessible platform that enables Facility, the
owner or operator of sports and recreational spaces, to better manage the rental of those spaces,
the participation in and registration for various camps, clinics, leagues, tournaments and other
programming, the provision of memberships, the ability to sell goods and services, and other
activities conducted by the Facility (the "Bond Sports Platform"); and
WHEREAS, the Facility desires to use the Bond Sports Platform to run the key revenue
lines of its business subject to the terms and subject to the conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
Parties agree as follows:
1) Scope of Bond Sports Services.
a) The Bond Sports Platform is a SAAS-enabled solution offering, arranging and
managing the following:
i) The Bond Rental Module, which enables a)the rental of courts,fields, ice,
rooms, and any other facility spaces controlled or made available by Facility
(each, a "Facility Space") to third parties seeking to rent such Facility
Spaces (each such third party, an "Organizer"); b) The purchase of add-
on services that may be offered by Facility in its discretion to Organizers
(e.g., security services, custodial engineering services, sports equipment
rental services) (each, a "Facility Service"); and c) the overall calendar
and general management of the Facility.
ii) The Bond Activity Module, which enables the registration for and
management of any Facility programs, classes, camps, clinics, club teams,
tournaments, leagues or any other activities offered by the Facility (each a
"Facility Program") to third parties seeking to participate in such Facility
Programs (each, a "Participant");
iii) The Bond Commerce Module, which enables Facility to sell Facility
Programs, concessions, merchandise, sponsorships, rent and/or other
goods and services ("Facility POS");
iv) The Bond Membership Module, which enables Facility to establish
membership programs ("Facility Memberships") through which select
consumers("Members") can gain access to certain Facility Spaces (gyms,
C r2.o21,0 015 1
etc.) or be provided with preferential pricing or access to Facility Programs
or Facility Spaces.
v) The Bond Website Module, wherein Bond Sports will build and host the
website of Facility, to enable a more seamless consumer experience.
vi) The Bond Reporting Module, wherein Bond Sports provides Facility with
advance financial reporting and analytics
vii) The collection of all payments from Organizers, Participants, Members or
other facility customers (Organizers, Participants, Members and other
facility customers are a "Customers") for the rental of the Facility Space,
purchase Facility Services, purchase, Memberships, Facility Programs, or
other good and services and the distribution of such payments to the
Facility; and;
viii) If applicable, the offering and purchasing of certain third-party products or
services that Facility Customers may need to enhance their experiences
(e.g., third party insurance, security services where not provided by the
Facility, referee services, equipment rental services, and uniform rental or
purchasing services (each a "Third-Party Service")).
2) Grants of Rights.
a) Bond Sports hereby grants the Facility the right, during the Term, to use the Bond
Sports Platform to: (i) market the Facility and the availability of its Facility Spaces,
Facility Services, Facility Memberships and Facility Programs (each, a "Listing");
(ii) rent its Facility Spaces and sell its Facility Services/Facility Programs/Facility
Membership to Customers and enter into all requisite agreements with such
Customers (each, a "Booking"); (iii) manage the rentals of its Facility Spaces; (iv)
manage registrations for Facility Programs, (iv) sell and manage Facility
Memberships; (v)sell Facility products and services and (vi) use any other services
or functionalities offered through the Bond Sports Platform.
b) Facility hereby grants to Bond Sports the right to act as the limited payment
collection agent for Facility during the Term.
c) Facility hereby grants to Bond Sports a nonexclusive, nontransferable, revocable
license to use the Facility name, logo and any trademarks ("Facility Marks") on
the Bond Sports Platform, on its official social media pages, and in connection with
any promotions, marketing, content and/or advertisements relating to the Facility,
Facility Spaces, Facility Services, Facility Programs and in relation to its use of
Bond Sports Platform during the Term. The Facility Marks are, and shall remain,
the sole property of Facility. Bond Sports will use reasonable efforts not to engage
in any activity that will in any way impair the rights of Facility in and to the Facility
Marks, or reduce the value of the Facility Marks. All uses of the Facility Marks by
Bond Sports will inure to the benefit of the Facility. Upon the expiration or
termination of this Agreement for any reason, Bond Sports agrees to promptly
discontinue all use of the Facility Marks.
d) Bond Sports hereby grants to Facility a nonexclusive, nontransferable, revocable
license to use the Bond Sports trademarks (the "Bond Sports Marks") on its
2
official social media pages, and in connection with Facility's promotions, marketing,
and advertisements relating to its Facility Spaces, Facility Services and Facility
Programs offered through the Bond Sports Platform during the Term. The Bond
Sports Marks are, and shall remain, the sole property of Bond Sports. Facility will
use reasonable efforts to not engage in any activity that will in any way impair the
rights of Bond Sports in and to the Bond Sports Marks, or reduce the value of the
Bond Sports Marks. All uses of the Bond Sports Marks by Facility will inure to the
benefit of Bond Sports. Upon the expiration or termination of this Agreement for
any reason, Facility agrees to promptly discontinue all use of the Bond Sports
Marks.
3) Facility Payment Obligations.
a) Bond Sports Annual Fees. In consideration of the Bond Sports Platform being
provided under this Agreement, Facility agrees to pay to Bond Sports an Annual
Service Fee during the Term, as follows:
i) If Facility chooses the Bond Sports Rental Module, the pricing is set forth
in Exhibit A.
ii) If Facility chooses the Bond Sports Activity Module, the pricing is set forth
in Exhibit B.
iii) If Facility chooses the Bond Sports Commerce Module, the pricing is set
forth in Exhibit C
iv) If Facility chooses the Bond Sports Membership Module, the pricing is set
forth in Exhibit D
v) If Facility chooses the Bond Sports Website Module, the pricing set forth in
Exhibit E.
The Annual Service Fees shall be paid by Facility within thirty days of the Effective Date
of the Agreement. All other fees set forth in the Exhibit shall continue to apply as set forth
in the Exhibits, and all hardware costs required to run the Bond solution (computers, credit
card terminals, tablet devices, bar code scanners and ID cards, etc.) shall be borne by
Facility.
4) Organizer/Participant/Member Fees & Refunds.
a) As the limited payment collection agent, Bond Sports shall collect Facility Space
rental fees ("Facility Rental Fees"), fees for Facility Services ("Facility Service
Fees"), fees for Facility Memberships ("Facility Membership Fees"), revenue
through the Facility POS ("Facility POS Fees") fees for Facility Programs
("Facility Program Fees"), all fees together, the "Facility Fees")from Customers
and distribute the Facility Fees to Facility within 72 hours of the collection, minus
any (i) Customer Refunds owed, and (ii) any payment processing costs incurred.
As Facility's limited payment collection agent, Facility understands that Bond
Sports' obligation to pay the Facility is subject to and conditioned upon successful
receipt of the associated Facility Fees from Customers.
3
b) The Facility will determine, in its sole discretion, the Facility Fees to be paid by
Customers on the Bond Sports Platform.
c) "Customer Refunds and/or Disputes." A "Customer Refund" shall be any
portion of a Facility Fee specified in Facility's cancellation or refund policy for the
applicable Facility Space, Facility Service, Facility Membership, Facility Program
or any other product or service sold through the Bond Sports Platform that is
returned to a Customer, and shall also include refunds provided outside of a
Facility cancellation policy or otherwise where a Customer wins a dispute of any
Facility Fee with its credit card company (a "Customer Dispute"). Bond Sports
and Facility acknowledge and agree that Facility, as well as Customers may cancel
their Bookings or Facility Memberships as set forth in Facility's cancellation policy.
Similarly, a Customer may file a Customer Dispute and Bond Sports shall provide
Facility notice of such dispute and submit all evidence on behalf of Facility to
adjudicate such Customer Dispute. If a Booking is canceled, or a Customer
Dispute is decided in favor of Customer, and a Customer Refund is provided after
Facility has already been paid by Bond Sports, Bond Sports will be entitled to
recover the amount of such Customer Refund from the Facility, including by
subtracting such refunded amount from any future amounts due to the Facility.Any
processing or other fees associated with a Customer Refund shall be borne by
Facility. If Facility fails to pay any of the fees set forth in Exhibit A, Bond shall have
the right to withhold those amounts from payments processed.
5) Facility Responsibilities.
a) Facility will fully and accurately set forth in each Listing all requisite information to
enable a consumer to rent a Facility Space or register for a Facility Program or
Membership, including the amount of the Facility Fees; the amount of any Security
Deposit (as defined in Section 5(e)) and the terms and conditions for such Security
Deposit; and any requirements such as forms or waivers to sign.
b) For tax or other purposes, Bond Sports may require Facility to display the charges
for any Facility Rental Fees, Facility Service Fees, Facility Program Fees and the
Security Deposit (if any) as separate charges (or inclusive) on the invoice for each
Booking.
c) Facility shall have the right to accept or reject: (i) any Organizer's application to
rent a Facility Space, and (ii) any Participant's application to participate in a Facility
Program or Facility Membership, each in its sole discretion, subject to any
applicable laws, rules, and regulations.
d) When creating and publishing a Listing on the Bond Sports Platform, Facility must:
(i) provide complete and accurate information; (ii) disclose any use restrictions
(e.g., house rules, capacity limits, minimum age requirements, security
requirements, membership requirements, etc.); and (iii) provide any other pertinent
information reasonably requested by Bond Sports (collectively, "Required
Information"). Pictures, animations, renderings, or videos (collectively, "Images")
used in Facility's Listings must accurately reflect the specific features, quality and
condition of the Facility Space, Facility Services and/or Facility Programs. Facility
represents and warrants that the copyright of all Images included in each Listing
shall either be owned by or properly licensed to Facility and include the right to
publish such Images on the Bond Sports Platform and in any marketing or
4
advertising materials. Facility is responsible for keeping its Listing information up-
to-date at all times.
e) If Facility requires a security deposit from Organizer or Participant to rent its Facility
Space, obtain Facility Services, register for a Facility Program or Facility
Membership, or secure a Booking, Facility must clearly and conspicuously set forth
the amount of such security deposit in its Listing (each, a "Security Deposit"). In
the event a Facility Space is damaged by a Customer during its use of such Facility
Space, Facility shall use the Bond Sports Platform to notify the Customer and Bond
Sports of its intent to keep the Security Deposit within twenty-four (24) hours of
Organizer's use of such Facility Space, and shall provide photographic evidence
of the damage to Bond Sports for its records.
6) Bond Sports Responsibilities.
a) Bond Sports is responsible for operating, maintaining, and managing the Bond
Sports Platform. Bond Sports reserves the right to improve, enhance and modify
the Bond Sports Platform from time to time.
b) Bond Sports shall use commercially reasonable efforts to maintain the security of
the Bond Sports Platform and to have the Bond Sports Platform publicly accessible
online at all times, except during periods of scheduled or emergency maintenance.
Bond Sports reserves the right to restrict the availability of the Bond Sports
Platform or certain areas or features thereof as it deems necessary to ensure the
proper or improved functioning of the Bond Sports Platform.
c) Use of information collected by Bond Sports via the Bond Sports Platform will be
in accordance with the Bond Sports privacy policy and terms and conditions
available on the Bond Sports website.
d) Limitations on Bond Sports' Responsibilities.
i) Bond Sports is not responsible for providing any Facility Spaces, Facility
Services, Facility Memberships and/or Facility Programs to Customers.
Bond Sports is not acting as an owner, renter, manager, or operator of the
Facility Spaces, Facility Programs or Facility Memberships marketed on
the Bond Sports Platform. Bond Sports is not and shall not become a party
in any Booking between Facility and any Customer, nor shall Bond Sports
act a real estate broker or insurer for the Facility Spaces.
ii) In accepting the appointment as the limited payment collection agent of
Facility under this Agreement, Bond Sports assumes no liability for any acts
or omissions of the Facility to Customers.
iii) The Third-Party Services offered on the Bond Sports Platform may be
subject to different terms and conditions and privacy practices. Bond
Sports is not responsible or liable for the availability of such Third-Party
Services or the accuracy of advertising of such Third-Party Services, or the
content, products, or services available from such Third-Party Services.
Links to such Third Party Services are not an endorsement by Bond Sports
of such Third Party Services.
5
7) Confidentiality.
a) For purposes of this Agreement, "Confidential Information" shall mean any
information disclosed by a Party hereto (the"Disclosing Party") to the other Party
("Recipient"), either directly or indirectly, in writing or otherwise, which is
designated as "Confidential," "Proprietary" or, if disclosed orally, is identified as
confidential or proprietary at the time of its disclosure to the Recipient; provided,
however, that any information relating to financial, product and business plans and
strategies shall be deemed to be Confidential Information whether or not so
designated. Notwithstanding the foregoing, Confidential Information shall not
include any information which (i) was publicly known and available in the public
domain prior to the time of disclosure to the Recipient by the Disclosing Party; (ii)
becomes publicly known and available in the public domain after disclosure to the
Recipient by the Disclosing Party through no action or inaction of Recipient; (iii)
Recipient is able to demonstrate by documentary evidence that such information
was lawfully in the possession of Recipient at the time of disclosure by the
Disclosing Party; (iv) is independently developed by Recipient, provided Recipient
can show by documentary evidence that such development was accomplished by
or for Recipient without any use or beneficial reference to any Confidential
Information; (v) is disclosed pursuant to legal,judicial or administrative proceeding
or as otherwise required by law, provided that(A) Recipient gives reasonable prior
notice to the Disclosing Party to allow it to seek a protective or similar order
preventing or restricting the disclosure of such information, and (B) such
information shall be deemed not to be Confidential Information only to the extent
that such disclosure is compelled by such proceeding or law and only for the
purpose of complying with such proceeding or law; or (vi) has been approved in
writing for disclosure by the Disclosing Party.
b) Each Recipient agrees that, to the extent permitted by law, it will preserve in strict
confidence and secure against accidental loss any Confidential Information
disclosed by the Disclosing Party to Recipient. In preserving the Disclosing Party's
Confidential Information, Recipient will use the same standard of care it would use
to secure and safeguard its own Confidential Information of similar importance, but
in no event less than reasonable care. Any permitted reproduction of the
Disclosing Party's Confidential Information shall contain all confidential or
proprietary legends that appear on the original.
c) To the extent permitted by law, Recipient shall permit access to the Disclosing
Party's Confidential Information solely to its employees, agents and contractors
who have a need to know such information and the need to know is reasonably
associated with the business associated with the Agreement. Except as permitted
in the exercise of the rights granted under this Agreement, Recipient shall not
disclose or transfer any Confidential Information to any third party, without the
specific prior written approval of the Disclosing Party.
d) Recipient acknowledges that the Disclosing Party retains ownership of all
Confidential Information disclosed or made available to Recipient. Accordingly,
upon any termination, cancellation or expiration of this Agreement, or upon the
Disclosing Party's request for any reason (other than in violation of this
Agreement), Recipient shall return promptly to the Disclosing Party the originals
and all copies (without retention of any copy) of any written documents, tools,
6
materials or other tangible items provided by the Disclosing Party to the Recipient
containing or embodying Confidential Information; provided, however, that
Recipient shall be entitled to retain such originals and copies of Confidential
Information of the Disclosing Party as Recipient shall reasonably conclude are
necessary to Recipient's use and exploitation, as permitted by this Agreement, of
any rights retained by Recipient following such termination, cancellation, expiration
or request.
8) Representations and Warranties.
a) Facility represents and warrants to the Bond Sports that:
i) Facility has the power and authority to execute and deliver this Agreement
and to perform its obligations hereunder, and has by all necessary action
authorized the execution and delivery of this Agreement and the
performance of its obligations hereunder;
ii) The execution, delivery and performance by Facility of this Agreement and
each other agreement, document, or instrument now or hereafter executed
and delivered by Facility to Bond Sports in connection herewith will not: (A)
conflict with or violate the articles of incorporation or bylaws of Facility or
any provision of any law, rule, regulation, authorization or judgment of any
governmental authority having applicability to Facility or its actions; and (B)
to the best knowledge of Facility, materially conflict with or result in any
breach of, or constitute a default under, any note, security agreement,
commitment, contract or other agreement, instrument or undertaking to
which Facility is a party or by which any of its property is bound; and
iii) Any and all published Listings, Bookings, and promotions, marketing and
advertisements relating to Facility's Facility Spaces, Facility Services,
Facility Memberships and Facility Programs will (A) not breach any
agreement entered into by Facility with any third party; and (B) comply with
all applicable laws (including zoning, advertising and intellectual property
laws), tax requirements, and other applicable rules and regulations
(including obtaining all permits and licenses required to rent out the Facility
Spaces or offer the Facility Programs). Facility is responsible for (X) its
own negligent acts and omissions, and (Y) the negligent acts and
omissions of any employees or individuals present at the Facility Space at
its request or invitation, excluding the Organizer, Participants, and any
individuals that the Organizer or Participants invite to the Facility Space.
Facility further represents and warrants that, to its knowledge, there are no
known limitations, encumbrances or restrictions on the use of the Facility
Marks for the permitted activities contemplated under this Agreement.
b) Bond Sports represents and warrants to Facility that:
i) Bond Sports has the power and authority to execute and deliver this
Agreement and to perform its obligations hereunder and has by all
necessary action authorized the execution and delivery of this Agreement
and the performance of its obligations hereunder;
7
ii) The execution, delivery and performance by Bond Sports of this Agreement
and each other agreement, document, or instrument now or hereafter
executed and delivered by Bond Sports to Facility in connection herewith
will not: (A) conflict with or violate the articles of incorporation or bylaws of
Bond Sports or any provision of any law, rule, regulation, authorization or
judgment of any governmental authority having applicability to Bond Sports
or its actions; or (B) to the best knowledge of Bond Sports, materially
conflict with or result in any breach of, or constitute a default under, any
note, security agreement, commitment, contract or other agreement,
instrument or undertaking to which Bond Sports is a party or by which any
of its property is bound; and
iii) Bond Sports is responsible for its own negligent acts and omissions. Bond
Sports further represents and warrants that, to its knowledge, there are no
known limitations, encumbrances or restrictions on the use of the Bond
Sports Marks for the permitted activities contemplated under this
Agreement.
9) Indemnification.
a) Facility shall defend, indemnify, and hold harmless Bond Sports from and against
any and all liability, claims, causes of action, suits, damages and expenses
(including reasonable outside attorneys' fees and expenses) resulting from any
third party claims (each, a "Claim or Loss") arising out of: (i) Facility's material
breach of any of its representations and warranties contained herein; (ii) any claims
or class action lawsuits relating to or stemming from Facility's rendering of the
Facility Services, Facility Memberships or Facility Programs, or the use of any
Facility Space (including, but not limited to, any claim for personal injury, property
loss or damage, or death); (iii) any violation of any applicable law or regulation
committed by Facility during the performance of its obligations under this
Agreement, or the operation and/or rental of its Facility Spaces, or rendering of the
Facility Services or Facility Programs offered under this Agreement; or (iv)
Facility's gross negligence, willful misconduct, or breach of this Agreement.
b) Bond Sports shall defend, indemnify, and hold harmless Facility from and against
any and all Claims or Losses arising out of: (i) Bond Sports' material breach of any
of its representations and warranties contained herein; (ii) any violation of any
applicable law or regulation committed by Bond Sports during the performance of
its obligations under this Agreement; or (iii) Bond Sports' gross negligence, willful
misconduct, or breach of this Agreement.
c) The Party seeking indemnity under this Paragraph 9) (the "Indemnified Party")
shall promptly give the other Party (the "Indemnitor") notice of any Claim or Loss
asserted by a third party for which the Indemnified Party seeks indemnity (each a
"Third Party Claim"). The Indemnitor shall have sole control over the defense and
settlement of Third Party Claims; provided, however, that: (i)the Indemnified Party
will be entitled to participate in the defense of such Third Party Claim and to employ
legal advisers at its own expense to assist in the handling of the Third Party Claim;
and (ii) without the Indemnified Party's prior written consent: (1) no compromise
or settlement may contain any finding or admission of any violation of law or any
violation of the rights of any Person by or on behalf of any Indemnified Party; (2)
8
no compromise or settlement may give rise to any other Claim that may be made
against any Indemnified Party; (3) the sole relief provided in any compromise or
settlement shall be monetary damages that are paid in full by the Indemnitor; and
(4) the compromise or settlement shall include, as an unconditional term, in form
and substance reasonably satisfactory to the Indemnified Party, the claimant's or
the plaintiff's release of the Indemnified Party from all liability in respect of the Third
Party Claim. The Indemnified Party will provide reasonable assistance to the
Indemnitor (at the Indemnitor's expense), including reasonable assistance from
the Indemnified Party's employees, agents, independent contractors and affiliates,
as applicable.
10) Term; Termination.
a) The term of this Agreement shall be one (1) year from the Effective Date (the
"Initial Term"), unless earlier terminated pursuant to Paragraph 10)b) below.
b) Each Party shall have the right to terminate this Agreement by giving written notice
to the other Party, in which event the terminating Party shall have no further
obligations or liabilities to the other Party under this Agreement, if the other Party:
(i) commits a material breach of this Agreement and (if capable of being cured)
does not cure such breach within thirty(30)days of receiving written notice thereof;
(ii) is liquidated or dissolved; or(iii) is adjudged, declares, or files for bankruptcy.
11) General Provisions.
a) Limitation of Liability. IN NO EVENT SHALL EITHER PARTY HAVE ANY
LIABILITY TO THE OTHER PARTY OR ITS AFFILIATES ON ANY CAUSE OF
ACTION RELATING TO THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR SPECULATIVE DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR USE,
BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IRRESPECTIVE OF
WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT, STATUTE,
OR OTHERWISE AND WHETHER OR NOT THE PARTY HAS ADVANCE
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY. EACH PARTY'S LIABILITY TO THE OTHER
PARTY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF MONTHLY
SERVICE FEES RECEIVED BY BOND SPORTS DURING THE PRECEDING
TWELVE (12) MONTHS OF THE AGREEMENT. Notwithstanding anything to the
contrary contained herein, the limitations of liability contained in this Paragraph
shall not apply to: (i)damages arising out of or relating to a Party's failure to comply
with its confidentiality obligations under this Agreement; (ii) a Party's
indemnification obligations hereunder; or (iii) gross negligence, fraud, or willful
misconduct by either Party.
b) Assignment. This Agreement may not be assigned by either Party without the prior
written consent of the other Party, which consent shall not be unreasonably
withheld, conditioned or delayed, except that this Agreement may be assigned by
any Party without the consent of the other Party (i) to any of the Party's majority-
owned or controlled affiliate entities or(ii)to any other entity resulting from the sale,
merger, reorganization or other transfer of all or substantially all of the business or
assets of the Party or its majority-owned or controlled affiliate entities. This
9
Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors and permitted assigns.
c) Headings. The section headings appearing in this Agreement are inserted only as
a matter of convenience and in no way define, limit, construe or describe the scope
or extent of such section or in any way affect the Agreement.
d) Counterparts. This Agreement may be executed simultaneously in two or more
counterparts, each of which will be considered an original, but all of which together
will constitute one and the same instrument.The signature page of any counterpart
may be detached therefrom without impairing the legal effect of the signatures
thereon provided such signature page is attached to any other counterpart identical
thereto except having additional signature pages executed by the other Party.
Counterparts may be delivered by email or facsimile provided that original
executed counterparts are delivered to the recipient within the next three (3)
business days following the email or facsimile transmission.
e) Notices. All notices and consents required to be given or made by the Parties shall
be in writing and shall be deemed validly given if delivered by hand or sent by
registered mail, return receipt requested, or confirmed facsimile to the following
addresses:
If to Facility:
City of Round Rock
221 East Main Street
Round Rock, TX 78664
Attn: City Manager
If to the Bond Sports:
Bond Sports, Inc.
1095 Broken Sound Pkwy
Boca Raton, FL 33487
Attn: Marc Rothschild
Notice delivered by hand shall be deemed received by the addressee on the date
delivered. Notice given by registered or certified mail, return receipt requested,
shall be deemed received by the addressee on the date marked on the receipt.
Notice given by confirmed facsimile shall be deemed received by the addressee
on the business day following the day on which it was sent.
f) Entire Agreement. This Agreement and the Exhibits hereto are the complete
agreement of the Parties relating to the subject matter hereof. This Agreement
supersedes and governs any other prior or collateral agreements with respect to
the subject matter hereof. Any amendment to this Agreement or any modification
of any term of this Agreement must be in writing and be executed by an authorized
officer of each Party.
10
g) Governing Law, Dispute Resolution and Exclusive Venue. This Agreement shall
be governed by and construed under the laws of the State of Texas, without
reference to conflict of laws principles.
h) Severability. The illegality or unenforceability of the whole or any part of the
provisions of this Agreement will not affect the continued operation of the
remaining provisions of this Agreement.
i) Waiver. The failure of either Party at any time to insist upon strict performance of
any of the terms and conditions contained in this Agreement will not be deemed a
waiver of its right at any time thereafter to insist upon strict performance.
j) Independent Contractor. Facility's relationship with Bond Sports is that of an
independent, third-party contractor, and not an employee, agent, joint venturer or
partner of Bond Sports for any reason, and Facility acts exclusively on its own
behalf and for its own benefit, and not on behalf of, or for the benefit of, Bond
Sports. Bond Sports does not, and shall not be deemed to, direct or control Facility
generally or in its performance under these terms specifically, including in
connection with Facility's rendering of the Facility Services or Facility Programs.
Facility acknowledges and agrees that it has complete discretion whether to list
Facility Spaces, Facility Services and/or Facility Programs on the Bond Sports
Platform.
k) Force Majeure. Neither Party to this Agreement shall be held responsible for any
failure or delay in performance under this Agreement where such performance is
rendered impracticable by any act of war, emergency order, governmental act or
regulation, fire, flood, other natural disaster, epidemic, pandemic, strike and other
causes similar to those listed, in each case where failure to perform is beyond the
control, and not caused by the negligence of, the nonperforming Party ("Force
Majeure").
I) No Third Party Beneficiaries. Unless otherwise expressly provided, no provisions
of this Agreement are intended or shall be construed to confer upon or give to any
person or entity other than the Parties any rights, remedies or other benefits under
or by reason of this Agreement.
m) Survival. The expiration or termination of this Agreement will not affect provisions
of this Agreement which, by their terms and meaning, are of a continuing nature,
including, but not limited to, the indemnity obligations, limitations of liability,
confidentiality obligations, and obligations regarding warranties and remedies set
forth herein.
n) No Boycotting Israel. In accordance with Chapter 2271, Texas Government Code,
a governmental entity may not enter into a contract with a company for goods or
services unless the contract contains written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel and will not boycott Israel
during the term of this contract. The signatory executing this Agreement on behalf
of Bond Sports verifies Bond Sports does not boycott Israel and will not boycott
Israel during the term of this Agreement.
o)
11
[Signature Page Follows]
12
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their representatives thereunto duly authorized:
CITY OF ROUND ROCK BOND SPORTS, INC.
marc rothschild
Name 731. tAk-4"" Name
Signature AP- Signature '111411c 6eAjejuld
.( Cl-, 1 President
Title l� // I_f c� Title
Date 3/d 6(d°2C Date 03 / 11 / 2026
13
EXHIBITS A-E: BOND RENTAL, ACTIVITY, POS, MEMBERSHIP AND WEBSITE MODULES
Item Description Year 1
1 Bond Sports Rental, $6,000 Annual
Activity and POS Module Fee per facility
2 Facility Onboarding Included at no
Build of Facility cost (normally
• Profile $6K per Facility)
• Initial Build of
Each Facility
Space and Facility
Programs
• Migration of all
data to the Bond
Sports Platform
• Installation of
terminals and
POS
3 Facility Staff training Included at no
cost (normally
$3K per Facility)
4 24/7 Support Included at no
cost (normally
$3K per Facility)
Payment Processing Fees: For all payment processing conducted through the Bond Sports
Platform, Facility shall be responsible for the following (the "Payment Processing Fees"): (i) a
two point seven five (2.75%) credit card processing fee plus twenty cents ($0.20) for each credit
or debit card transaction made through the Bond Sports Platform; or (ii) a one percent (1%)
processing fee for ACH payments made through the Bond Sports Platform. Bond Sports may
deduct the Payment Processing Fees from the Facility Fees.
This Exhibit is incorporated by reference into The Bond Sports Platform Partnership Agreement,
and any Facility location that signs this Exhibit agrees to be bound by the terms and conditions
thereof.
14
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
representatives thereunto duly authorized:
CITY OF ROUND ROCK BOND SPORTS, INC.
Name araid GJISt Name marc rothschild
Signature Signature -M44/16 /Qot4icA2d
Title ' . J 4 Cf+y M^^vcr Title President
Date 3(.16baag Date 03 / 12 / 2026
15