COMPETITION AGREEMENT

February 4, 2023

COMPETITION AGREEMENT

 

This COMPETITION AGREEMENT (“this Agreement”) is entered into between X ELEMENT of address [ENTER ADDRESS] (“Company”) and [NAME] of address [ADDRESS] (“the Competitor”) on [DATE]. 

 

WHEREAS the Company owns an E-sport team; and;

 

WHEREAS the Competitor desires to enter this agreement this date setting forth the rules for competing in the Company’s E-Sport team;

 

NOW, THEREFORE, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do agree as follows:

 

  • PROHIBITED CONDUCT 

 

The following conduct is strictly prohibited and cannot be tolerated:

 

  1.  Excessive Cursing. (cussing);

 

  1.  Racial slurs or comments;

 

  1.  Bullying;

 

  1.  Sexual harassment of any kind;

 

  1.  Bad-mouthing;

 

  1.  Inappropriate material(s) (Pictures, videos, etc.);

 

  1.  Cheating of any kind.

 

  • GUIDELINES THE COMPETITOR

 

In addition to other guidelines in this Agreement, the Competitor must take note of the following:

 

  1.  The Competitor must have 2FA (Two-Factor Authentication) to play;

 

  1.  The Competitor must reach the Champion League before the FNCS Tournament and if the Competitor cannot play in the tournament the Competitor must have a legitimate excuse;

 

  1.  Any cash winnings of $1000 or higher are subject to a 5% – 15% fee;

 

  1.  The Competitor must follow the rules of the Competitor’s team leader;

 

  1.  The Competitor’s change of name will not accrue till after this Agreement is signed;

 

  1.  Team leaders must report progress or disciplinary action to admins by video chat or phone call once a month;

 

  1.  Minors must have a parent or guardian and must contact X-Element admin before signing this contract;

 

  1.  The Competitor must attend all meetings; failure to do so could result in disciplinary action including banishment. Meeting are held every Friday and Sunday at 6 CST unless told otherwise; and

 

  1.  The Competitor must show on career leaderboard. 

 

    

  • PENALTIES

 

Competitor acknowledges that if any of the rules or guidelines are broken, the Competitor may face the following penalties:

 

  1.  Being suspended from the team up to a week or date to be determined depending on severity or

 

  1.  Being banned from the team;

 

  1.  After winning any cash prizes of $1000 or more the Competitor must pay the aforementioned fee. Failure of the Competitor to pay the fee could lead to legal suit to recover the fee, and breach of contract will result in name loss

 

  1.  If the Competitor misses three dates of play without an excuse, such failure will lead to a ban and the excuse has to be agreed upon by the team leader and the parents

 

  1.  If the Competitor decides to play in the competitive league and the Competitor gets caught not trying, the Competitor will be sent to the members league. 

 

  • MINORS

 

In the event a Competitor is a minor, the Competitor must have permission from their guardian. Further, if the Competitor forges the guardian’s signature, the Agreement shall be void.  

 

  • CONFIDENTIALITY 

The terms, conditions, and schedules of this Agreement shall remain confidential between Company and the Competitor, and either party shall not provide a copy of the Agreement, or disclose the terms thereof, to any third party without the prior written consent of the other party. 

 

  • INTELLECTUAL PROPERTY


  •   The Competitor acknowledges Company’ absolute ownership of, interest in, and rights to the brand name and the playbook/strategy. 


  •   Company shall retain sole ownership of all the intellectual properties, know-how, or other proprietary rights in Company’ content and business. No right or interest is granted or shall be deemed to be granted by Company to the Competitor. 


  • INDEMNIFICATION

 

The Competitor shall promptly on demand indemnify, defend, and hold harmless Company, and customer for and against all claims, liabilities, costs, and expenses (including reasonable attorney’s fees) incurred from any breach by the Competitor of any of the provisions of this Agreement, or breach of any laws, or negligence, fraud, or wilful misconduct of the Competitor.

 

  • COMPANY’S LIMITATION OF LIABILITY


  •   NOTWITHSTANDING ANYTHING CONTRARY CONTAINED IN THIS AGREEMENT, IN ANY EVENT, COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHER THEORY), TO THE COMPETITOR OR ANY OTHER PERSON OR ENTITY FOR COST OF COVER OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN RELATION THIS AGREEMENT. 

 

  1.   Company’s entire liability to the Competitor under this Agreement or any applicable law or equity shall be limited solely to actual and proven direct damages sustained by the Competitor as a result of the gross negligence or willful misconduct of Company and its Affiliate and their respective directors, officers, employees and agents in the performance of their respective services and other obligations under this Agreement. 

 

  •   APPLICABLE LAW

 

 This Agreement shall be deemed to have been made, executed, and delivered in the State of [ENTER STATE] and shall be construed per the laws of the State of [ENTER STATE].

 

  •   SEVERABILITY  

It is the intent of the parties that in case any one or more of the provisions contained in this Agreement shall be held to be invalid or unenforceable in any respect, such provision shall be modified to the extent necessary to render it, as modified, valid, and enforceable under applicable laws and such invalidity or unenforceability shall not affect the other provisions of this Agreement. 

 

  •   ENTIRE AGREEMENT

 

This Agreement constitutes the final and entire Agreement between Company and the Competitor. It supersedes all prior and contemporary agreements, oral or written.

 

  •   MODIFICATION 

This Agreement may be modified or amended only by the Company at the Company’s sole discretion.

 

  •   TERMINATION

 

  1. Termination on Notice

 

Either party may terminate this agreement for any reason by giving a written notice on reasonable time to the other party.

 

  1. Termination for Material Breach

 

Each party may terminate this agreement with immediate effect if the other party fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, and the failure, inaccuracy, or breach continues after the injured party delivers a notice to the breaching party reasonably detailing the breach. 

 

In Witness of whom, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:

 

_______________________                                                       _______________________          

Competitors Signature                     Date

 

_______________________                                                        _______________________

X Element Signature                   Date

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