Standard Non-Member Athlete Contract
STANDARD NON-MEMBER ATHLETE CONTRACT BETWEEN ATHLETE and WPST (hereinafter the “Agreement”) is made and entered into as of January 29, 2020 (the “Effective Date”), by and between:
1) , with a place of residence at hereinafter “ATHLETE”);
2) World Pro Ski Tour LLC A limited liability company incorporated under the laws of Delaware and having a principal place of business at 2101 Larimer Street Suite 101 Denver Colorado 80205 (‘WPST”).
WHERE IT IS MUTUALLY AGREED
Date and Venue: The ATHLETE shall participate in the WPST events for the 2019-2020 season. (“Event”).
Obligations: The ATHLETE shall compete for WPST in a single elimination race tournament (“the Event”).
Entrance Fee: In order to compete in the Event an entrance fee of $250 is required at execution of this Agreement.
Prize Money: WPST will post the amount and distribution of prize money prior to each Event for ATHLETE to review. Prize Money will be paid to qualifying athletes within 7 days of the Event
Race Rules and Format: ATHLETE agrees to abide by all applicable rules and regulations promulgated by WPST and provided to the ATHLETE and posted on WPST’s website. Athlete agrees that WPST, in its sole discretion, will determine the race format.
Advertising/Sponsoring: ATHLETE agrees that, no wording, symbol, picture, design, name, advertising or informational material shall appear on his person, or upon his apparel, or other clothing worn by ATHLETE, during the Event, without prior approval of WPST and/or the racer committee which will not be unreasonably withheld with due consideration and sensitivity to the racers own rights of endorsement and publicity to promote products or services on a fee basis. Any markings that contain or refer to products or services that are illegal, obscene or indecent, including, without limitation, any content or advertisements related to tobacco, firearms, weapons, political campaigns, political and/or social cause messaging, gambling or sexual pharmaceuticals will be disallowed. Subject to the above, ATHLETE shall provide his own uniform/apparel when competing in the Event unless stipulated otherwise by the WPST.
Intellectual Property Rights: All rights including but not limited to intellectual property rights deriving from and relating to the Event shall belong to WPST. ATHLETE acknowledges that WPST shall be the sole owner of all such rights in perpetuity in regards to the Event, to retain, use and license for any purpose, in perpetuity and at its sole option, including but not limited to licensing, merchandising, publicity, sponsorship, and promotional purposes, including, without limitation, in newspapers, magazines, video games, licensed products, Event programs, broadcasts and telecasts, any and all digital media outlets (podcasts, webcasts, blogs, social network websites, etc.), and all other publicity and advertising in all media whether now existing or created in the future.
ATHLETE shall engage in all promotional activities for WPST including but not limited to the Event organized or designated by WPST. As such, ATHLETE grants to WPST and any other sponsors or organizers of the Event, individually and collectively, the right to use his name, image, picture, signature, and biographical information (collectively the “Likeness”) for licensing, merchandising, publicity, sponsorship, and promotional purposes, including, without limitation, in newspapers, magazines, video games, licensed products, Event programs, broadcasts and telecasts, any and all digital media outlets (podcasts, webcasts, blogs, social network websites, etc.), and all other publicity and advertising in all media whether now existing or created in the future. ATHLETE agrees that his image may be captured for still photographs, motion pictures, video, or television to be used by WPST worldwide in its sole discretion in perpetuity. This clause shall survive expiration or termination of this Agreement.
Confidentiality: The Athlete shall keep the contents of this agreement strictly confidential and not divulge to any person, firm or corporation the contents of this contract. The obligation of the confidentiality shall remain in place for a period of three years.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its otherwise applicable principles of conflicts of laws or choice of law that would result in the application of the substantive or procedural law of any other jurisdiction.
Severability: Notwithstanding that any provision of this Agreement may prove to be illegal or unenforceable in any jurisdiction the other provisions of this Agreement shall continue in full force and effect. In the event that any provision is held to be illegal in any jurisdiction then the provision shall be amended so as to be legal in that jurisdiction and to be as similar as possible to the original provision.
Entire Agreement: This Agreement shall be integrated with and incorporated into any other agreements required by specific venues. In the event of any conflict between the Standard Athlete Contract and an agreement with a specific venue, the venue agreement shall govern and control.
IN WITNESS WHEREOF, the parties have executed this Standard Athlete Contract as of the date of the date last written below.
Date: January 29, 2020
WORLD PRO SKI TOUR ATHLETE RELEASE & INDEMNIFICATION AGREEMENT
I acknowledge that skiing or any sporting event is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury, or property loss. I hereby assume full responsibility for and the risks of bodily injury, death or property damage as a result of participating, officiating, observing, working or otherwise being involved in a skiing event whether caused by negligence of another or otherwise.
I hereby take the following action for myself, my children, my executors, administrators, heirs, next of kin, successors, and assigns: a.) I agree to waive, release and discharge WPST, all participating ski areas and corporations, event promoters, coaches, operators, officials, sponsors, advertisers, real estate owners, lessors and lessees of the premises, and the officers, directors, employees, volunteers and agents thereof (hereinafter “Releases”) from any and all claims or liabilities for death or personal injury or damages of any kind, which arise out of or relate to my participation in, observation of, work for, or any other involvement in or my traveling to and from the event, EVEN IF CAUSED BY THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF THE RELEASEES, that is, their failure to exercise reasonable care; b.) I agree not to sue any of the Releases mentioned above for any of the claims or liabilities that I have waived, released, or discharged herein; and c.) I agree to defend, indemnify and hold harmless the Releases from any claims made or liabilities assessed against them. Should any claim or action be asserted in contravention of this agreement, I or my successor shall be liable for all expenses including LEGAL FEES incurred by the Releases.
This waiver, release and indemnification agreement specifically embraces each and every event sanctioned, authorized, or promoted by the persons or entities mentioned above during the entire season and applies to each and every event.
I hereby authorize any licensed physician, emergency medical technician, hospital or other medical or health care facility to treat me for the purpose of attempting to treat or relieve any injuries received arising out of or relating to a WPST skiing event. I authorized any such medical provider to perform all procedures deemed medically advisable in attempting to treat or relieve any such injuries. I consent to the administration of anesthesia as deemed advisable. I realize and appreciate that there is a possibility of complications and unforeseen consequences in any medical treatment, and I assume any such risk for and on behalf of myself.
If any claim or action is brought, I agree that it shall be submitted to the jurisdiction of the Superior Court of Delaware or the U.S. District Court of Delaware and no other jurisdiction, and it shall be governed by the laws of the State of Delaware.
In the event that any provision(s) of this waiver is determined by a court of competent jurisdiction to be invalid and unenforceable, the remaining terms and provisions herein shall continue in full force and effect.
I hereby affirm that I am eighteen (18) years of age or older, I have read and voluntarily signed this document, and I understand its contents.
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Signed by Jon Franklin
Signed On: November 27, 2019
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Document Name: Standard Non-Member Athlete Contract
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