TEAM MEMBER RESPONSIBILITIES AGREEMENT

February 4, 2023

TEAM MEMBER RESPONSIBILITIES AGREEMENT

 

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

 

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

 

WHEREAS the Parent desires to enter this agreement this date setting forth the rights, duties and obligations and expectations of the parties in reference to the activities identified in Section 1 of this Agreement;

 

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:

 

  • ACTIVITIES 
  1.    The Company engages in competitive gaming and non-gaming/content creation (hereinafter, “the activities”),

 

  1.   The Parent acknowledges that they have read through this Agreement and fully understand the requirements and responsibility that the Parent and the Child have agreed to.

 

  1.  The Parent agrees and acknowledges that the Child is free to engage in the activities and for any consideration as may be decided by the Company in its sole and absolute discretion.

 

  • PARENT’S OBLIGATION(S)

 

The responsibilities of the Parent under this Agreement include:

 

  1.  The Parent will schedule once a monthly meeting with the coach or team leader;

 

  1.  The Parent will keep up on the progress their child has made over the month;

 

  1.  The Parent will do their best to make sure their child has the equipment needed; 

 

  1.  The Parent will do their best to make sure their child is at practice and games. If not, the Parent acknowledges that they will fill out the applicable form if possible ahead of time; or let a coach or team member know in advance. In the event the child fails to attend the practice due to an emergency the Parent will let the coach or team member know at a convenient time.

 

  1.  The Parent understands that breaking the rules/ responsibility/ requirements can lead to the removal of a team player from the team.

 

  • TERM

 

This Agreement shall be operative from the date of execution of this Agreement. It shall run until the completion of the activities or until the Agreement is terminated according to this Agreement.    

 

  • CONFIDENTIALITY 

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


  • INDEMNIFICATION

 

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

 

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

 

_______________________                                                       _______________________          

Parents Signature                     Date

 

_______________________                                                        _______________________

X Element Signature                   Date

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