ATHLETE SPONSORSHIP AGREEMENT
THIS ATHLETE SPONSORSHIP AGREEMENT (the “Agreement”) is made and entered
into this day of [MONTH], [DATE], [YEAR] and sets out the terms and conditions upon
which Body Composition of NC LLC (the “Company”), duly registered under the laws
of North Carolina with registered number [REGISTERED NUMBER] and having its
registered address at [REGISTERED ADDRESS], engages [ATHLETE’S NAME] (the
“Athlete”), for athlete sponsorship (collectively, the Parties).
By Athlete responding to this offer, it has accepted the sponsorship terms and
conditions and this Agreement is complete and active. The sponsorship
requirements are as follows:
1. AGREEMENT PERIOD
This Agreement shall commence on[MONTH], [DATE], [YEAR] and end on [MONTH],
[DATE], [YEAR] (the “Term”)
2. SPONSORSHIP BENEFITS
During the Term, provided that Athlete represents the Company’s brand by living a
healthy life, Athlete will receive benefits from Company as free services (the
“Services”) as described hereof:
a)
b)
c)
d)
3. MORALITY AND DISCIPLINE
Athlete shall not commit any act or do anything which might reasonably be considered
(i) to be immoral, deceptive, scandalous or obscene; or (ii) to injure, tarnish, damage
or otherwise negatively affect Company and/or the reputation and goodwill
pg. 2
associated with the Company. If Athlete is accused of any act involving ethical or
moral issues, dishonesty, theft or misappropriation, under any law, or any acts which
casts an unfavorable light upon its association with Company which could adversely
impact the Company’s events, programs, services, or reputation, the Company shall
have the right to terminate this Agreement upon fourteen (14) days written notice
specifying the reason, within which period the Athlete may cure such offense. The
determination of whether and to what extent the offense is cured shall be made by
Company at its sole discretion.
4. DRUG USE BY ATHLETE
Athlete shall not consume or use alcohol, intoxicants, narcotics, or controlled
substances in any form. Athlete hereby agrees not to work and/or present itself under
the influence of intoxicants, narcotics or controlled substances in any form.
5. LIMITATION OF LIABILITY
Neither party to this Agreement shall be liable for any consequential, special,
indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever,
or any lost income or profits, regardless of whether arising from breach of contract or
tort, even if advised of the possibility of such loss or damage or if such loss or damage
could have been reasonably foreseen.
6. CONFIDENTIALITY
Athlete acknowledges that the terms of this Agreement (the “Confidential
Information”) are strictly confidential, and Athlete will not disclose any Confidential
Information to any third party without the prior written consent of Company, except
for disclosures required by law. Failure to comply with this obligation shall be
considered a material breach of this Agreement.
pg. 3
7. TERMINATION
Company has the right to terminate this Agreement at any time for any reason with or
without cause, including unsportsmanlike conduct or a breach of any term of this
Agreement.
Without prejudice to any rights that have accrued under this Agreement or any of its
rights or remedies, either party may terminate this Agreement without liability to the
other immediately (or following such notice period as it sees fit) by giving written
notice to the other party if:
i. the other party commits a material breach of any material term of this
Agreement and (if such breach is remediable) fails to remedy that breach
within a period of 14 days after being notified in writing to do so; or
ii. the other party repeatedly breaches any of the terms of this Agreement in such
a manner as to reasonably justify the opinion that its conduct is inconsistent
with it having the intention or ability to give effect to the terms of this
Agreement; or
iii. as a result of any act or omission by the other party the party reasonably
considers that the image or reputation of the party has been, or is likely to be,
(if such breach were repeated), materially adversely affected.
Company may terminate this Agreement if Athlete is discovered to be in the use of
any non-medicated drug(s) as in section 4.
8. DISPUTE RESOLUTION MECHANISM
All disputes or differences which shall at any time arise between the Parties
concerning any matter in relation to this Agreement shall be resolved amicably
through mediation.
9. FORCE MAJEURE
Where one Party is unable to carry out its obligations under this agreement due to
circumstances beyond its control or which it could not have prevented, those
obligations are suspended whilst those circumstances continue, provided the other
pg. 4
party is notified and the first party uses its best endeavors to overcome the
circumstances preventing its obligations from being carried out.
10. INJURY AND INDEMNIFICATION
Each party shall indemnify the other against any claims arising from any breach of the
agreement by either party.
11. GOVERNING LAW:
This Agreement will be governed by, and construed in accordance with, the laws of
the State of California without giving effect to its conflict of laws principles.
12. ATHLETE’S REPRESENTATIONS AND WARRANTIES
Athlete represents and warrants that the person whose signature appears below for
Athlete is duly authorized to execute this Agreement and legally bind Athlete under
this Agreement. Athlete further represents and warrants to Company that any person
employed by Athlete and acting with apparent authority for Athlete in connection
with this Agreement both before and after it is fully executed is duly authorized by
Athlete to do so and bind Athlete irrespective of whether that person is the person
who executed this Agreement for Athlete. Athlete further agrees that any defense of
non-authority by such person (or any similar defense) which Athlete might raise in
connection with this Agreement is hereby waived by Athlete.
13. NOTICES
Any notice or communication required or permitted to be given by one party to the
other party under this Agreement shall be in writing addressed to the relevant party
at its registered office or principal place of business or such address as may at the
relevant time have been notified to the party giving the notice and may be delivered
by hand or sent by first class pre-paid post or fax.
pg. 5
14. ENTIRE AGREEMENT:
This contract represents the complete agreement between the Parties. As such, any
changes or modifications to the contract can only be made by a mutual agreement of
the parties in writing.
IN WITNESS, the parties have executed this Athlete Sponsorship Agreement in
duplicate on the date and year first above written.
SIGNED by the parties:
…………………………….
(BODY COMPOSITION OF NC LLC -COMPANY)
Represented By: _________________
Representative’s Title: _________________
Company’s Representative Signature: _________________
Date: _________________
-AND-
……………………………….
([ATHLETE’S NAME]-ATHLETE)
Athlete’s Signature: _________________
Date: ________________
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