1. Purpose. This Creative Music Services Agreement ("Agreement") is entered into between the Company or Individual indicated above under "Customer Information" ("Customer") and Energym Music ("Energym"), a company with offices at P.O. Box 251 Kingston Springs, TN 37082-0251 and describes the terms and conditions to which Energym shall perform creative music services for Customer.

2. Term. This Agreement shall be effective as of the date of execution and shall extend for so long as Customer continues to use the Music Selection (as described in Section 4) with the athlete and athletic event indicated above under "Customer Information" (the "Term").

3. Territory. The territory of this Agreement is the United States.

4. Creative Music Services. Energym shall provide Customer with music arranged and formatted for athletic events and for Customer's use within the Territory and during the Term of this Agreement. Energym shall prepare either an "Original Music Arrangement" or a "Stock Music Arrangement", as indicated above under "Music Selection" (the "Music Selection") and shall deliver the Music Selection to Customer on a high quality compact disc upon payment in full.

5. Intellectual Property Rights. Customer acknowledges that the copyrights, trademarks and other rights associated with the Music Selection are unique and original and that Energym, and other rights holders, are the owners thereof. Customer shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Energym's exclusive right and title to its rights in the Music Selection or the validity thereof. Energym, however, makes no representation or warranty with respect to the validity of any copyright, trademark or other right associated with Customer's use of the Music Selection. Customer agrees that Energym shall solely retain all of its copyrights, trademarks and other rights associated with the Music Selection, including, but not limited to, the rights in the sound recording, arrangement and lyrics, the exclusive right to distribute, make copies, sell, and perform publicly, except as otherwise specified in this Agreement.

6. Customer's Rights & Obligations. The use of the sound recording, arrangement and lyrics embodied in the Music Selection is limited solely to Customer and for the specified "Athlete" and "Athletic Event" indicated above under "Customer Information" for the Term and Territory specified herein. If Customer desires to use the Music Selection for another purpose Customer must first notify Energym and obtain additional written permission. Depending on the type of Music Selection which the Customer has requested, the rights of such music will have the following limitations: (a) Original Music Arrangements NOT based on pre-existing music (i) may be used for both private and public performances IF Customer notifies each athletic venue of the song title and composer(s) name(s) in order to insure that the Music Selection is properly reported to ASCAP, BMI and SESAC; (ii) may NOT be used in any other manner, including, but not limited to, used in connection with a pre-recorded or live television/cable/Internet broadcast without first obtaining the necessary license from Energym for such use (which will not be unreasonable withheld); and (b) Stock Music Arrangements based on pre-existing music (such as "Crocodile Rock") (i) Customer must check with the athletic venue to insure that the venue has the appropriate license in place (i.e. ASCAP, BMI and SESAC licenses) for playing music in their venue; (ii) Customer must contact the appropriate music publisher to use the pre-existing music in any other manner. Customer further acknowledges and agrees that it is Customer's sole responsibility to obtain the necessary permissions for the use of the Stock Music Arrangements.

7. Termination. Energym shall have the right to terminate this Agreement on thirty (30) days written notice if any of the following events occur: (1) Customer disposes of the Music Selection through sale, lease, lending or other means; (2) Customer allows another party, that is not subject to this Agreement, to use the Music Selection for distribution, performance, sale, duplication, or any other use; (3) Customer fails to maintain the Music Selection in a high quality which is at least equal to comparable Music Selections prepared by Energym, and if Customer has not taken appropriate steps to restore such quality within thirty (30) days after notification by Energym; and (4) Customer files a petition in bankruptcy or is adjudicated as bankrupt or insolvent, or makes an assignment for the benefit of creditors, or an arrangement pursuant to any bankruptcy law. The above termination rights are in addition to the termination rights that may be provided elsewhere in the Agreement.

8. Assignability. This Agreement and the rights and property described herein are personal to Customer and shall not be assigned by any act of Customer or by operation of law.

9. Miscellaneous. IN NO EVENT SHALL ENERGYM BE LIABLE FOR ANY LOSS OF PROPERTY OR, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT OR THE USE OF THE MUSIC SELECTION, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. ENERGYM SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE PRODUCTS OR SERVICES PROVIDED BY ENERGYM HEREUNDER. THIS AGREEMENT SHALL BE INTERPRETED UNDER THE LAWS OF THE STATE OF TENNESSEE. ANY ACTION, SUIT OR PROCEEDING ARISING HEREUNDER SHALL BE HEARD BEFORE A COURT OF COMPETENT JURISDICTION SITTING IN DAVIDSON COUNTY, TENNESSEE. Customer shall indemnify, defend, and hold Energym harmless from and against any and all claims, demands, suits, objections, actions and causes of action and costs (including court costs and reasonable attorneys' fees) arising out of any breach by Customer of this Agreement, or any of the representations, warranties, indemnities covenants or undertakings made by Customer hereunder. This indemnity includes, without limitation, any obligation to pay royalties, issues concerning piracy, copyright infringement, trademark infringement, rights of publicity or privacy, or libel as a result of the services performed and products provided under this Agreement. Customer represents and warrants that it has the power and authority to execute, deliver and perform its obligations under this Agreement, and that Customer is at least eighteen (18) years of age, or in the event that Customer is not at least eighteen (18) years of age, then Customer's parent or legal guardian shall have the authority to sign this Agreement, and as Customer's "Authorized Signer" be bound to all of the terms and conditions set forth herein. The headings used in this Agreement are only for reference and shall not affect the meaning or construction of this Agreement. The relationship of the parties is that of independent contractors. This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement.