NON-DISCRIMINATION AGREEMENT

February 4, 2023

NON-DISCRIMINATION AGREEMENT

 

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

 

WHEREAS the Company owns an E-sport team, and is committed to giving the Player a safe place to chase his/her dream in the Esport world.; and;

 

WHEREAS the Player desires to enter this agreement this date setting forth the agreement for non-discrimination and anti-harassment;

 

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:

 

  • NON-DISCRIMINATION & ANTI-HARASSMENT

 

The Player shall not discriminate upon anyone on any basis including Gender, Race, and Orientation. The Player also agree to avoid any form of Sexual Harassment; and to report any incident of Sexual Harassment to the Company.

 

  • GENDER DISCRIMINATION 

 

  1.  The Company does not tolerate gender discrimination and gender harassment. Accordingly, there shall be no discrimination in any gender. 

 

  1.  For the purpose of this Agreement, gender harassment goes beyond physical harassment and includes sharing of inappropriate texts, gifs, pictures, voices message, and videos.  

 

  1. SEXUAL HARASSMENT

 

  1. The Company does not tolerate sexual harassment. 

 

  1.  For the purpose of this Agreement, sexual harassment goes beyond physical harassment and includes sharing of inappropriate texts, gifs, pictures, voices message, and videos.  

 

  • RACE DISCRIMINATION 

 

  1. The Company does not tolerate racial discrimination. 

 

  1.  For the purpose of this Agreement, racial discrimination includes racial jokes, slurs, and segregation of teams and players. Racial discrimination also includes sharing of inappropriate texts, gifs, pictures, voices message, and videos.  

 

  • DISCRIMINATON ON SEXUAL ORIENTATION 

 

  1.  No matter the Player’s sexual orientation, the Player will be treated as all other team members.  

 

  1.  The use of sexual orientation to gain an advantage will not be tolerated.

 

  1.  For the purpose of this Agreement, discrimination on Sexual Orientation not only includes physically discrimination but also the sharing of inappropriate text, gifs, pictures, voices message, and videos.  

 

  • CONFIDENTIALITY

The terms, conditions, and schedules of this Agreement shall remain confidential between Company and the Player, 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. 

 

  • INDEMNIFICATION

 

The Player 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 Player of any of the provisions of this Agreement, or breach of any laws, or negligence, fraud, or willful misconduct of the Player.

 

  • 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 PLAYER 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 Player under this Agreement or any applicable law or equity shall be limited solely to actual and proven direct damages sustained by the Player 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 Player. 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:

 

_______________________                                                       _______________________          

Players Signature                     Date

 

_______________________                                                        _______________________

X Element Signature                   Date

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