This contract dated this day of November 20, 2018, is made by and between Extreme Studio Performance, LLC (“ESP”), whose address is 4335 McEwen Road, Dallas, Texas 75244 referred to hereafter as the “ESP” and Coach whose is referred to hereafter as the “Coach” (collectively, referred to as the “Parties”).
1. Limited Duration. This contract is of limited duration and the terms of this contract shall begin on the date of execution and terminate upon lapse of one (1) year unless terminated by ESP as herein provided. This contract is neither automatically extended nor renewable for successive periods of time.
2. Coaching Services. In relation to the coaching services provided by the Coach in accordance with this contract, the Coach agrees to:
a. Abide by all rules of ESP including ESP's Code of Ethics and conduct all practices, team activities, and coaching services in accordance therewith.
3. Coaching Ethics and Standards. The Coach shall be required to strictly abide by the ESP's Code of Ethics.
4. ESP's Code of Ethics includes:
- Must sign waivers before entering soccer field.
- No food or drinks on the soccer field. This includes gum and sunflower seeds.
- Unless you have paid the $10.00 drop-in fee and signed a liability waiver, you must refrain from utilizing the equipment.
- Children are not allowed on the equipment at any time.
- Parents are required to supervise their/your children.
- No bouncing balls, kicking, or dribbling anywhere other than the soccer fields.
- No shouting, running, roughhousing, or climbing anywhere inside the ESP facility.
- Parking for field rentals is located at the back of the ESP building.
- Vacant fields are not available for use unless permission has been granted by ESP.
- Please pay the cashier for all retail items.
- Please return all fitness towels back to the baskets.
- ANYONE NOT FOLLOWING THESE RULES WILL BE ASKED TO LEAVE!
5. Consent and Release for Photographing, Videotaping and/or Website Use. Coach consents to photography and videotaping and its/their release, publication, exhibition, or reproduction to be used for public relations, news articles or telecasts, education, advertising, fund-raising, inclusion on the ESP website, or any other purpose by ESP. Coach releases ESP, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, or publication of said photographs, videotapes, or computer images. Coach waives all rights he/she may have to any claims for payment or royalties in connection with any exhibition, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, or other publication. Coach also waives any right to inspect or approve any photo, film or video, taken by ESP or the person or entity designated by it. All negatives and positives, whether prints, film or video, are the property of ESP or the person or entity designated by it, solely and completely.
6. Termination of Contract by ESP.
a. ESP reserves the right to terminate this contract without notice and with or without just cause including but not limited to coaching misconduct or failure to provide coaching services as described herein.
7. Dispute Resolution. The parties agree that if a dispute arises which they are unable to resolve they will first attempt to resolve the dispute with the assistance of a reputable Dispute Resolution program. The agreement to attempt dispute resolution as described herein does not preclude either ESP or Coach from applying for other remedies under the law.
8. RELEASE AND HOLD HARMLESS. I, “COACH”, PERSONALLY AGREE, AND ON BEHALF OF MY/OUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, TO, AND DO, RELEASE AND HOLD HARMLESS EXTREME STUDIO PERFORMANCE AND EXTREME STUDIO PERFORMANCE LLC, ITS MEMBERS, DIRECTORS, OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, VOLUNTEERS, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND IF APPLICABLE, OWNERS AND LESSORS OF PREMISES USED TO CONDUCT THE EVENT ("RELEASED PARTIES"), FROM ALL LIABILITY AND DAMAGES FOR ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, INCIDENT TO, ARISING FROM, OR IN ANY MANNER RELATED TO, ALL ACTIVITIES REFERRED TO HEREIN, EVEN IF CAUSED BY THE EXPRESS NEGLIGENCE OF EXTREME STUDIO PERFORMANCE AND/OR EXTREME STUDIO PERFORMANCE LLC, THEIR MEMBERS, DIRECTORS, OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, VOLUNTEERS, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS AND, IF APPLICABLE, OWNERS AND LESSORS OF PREMISES USED TO CONDUCT ANY EVENT (A/K/A “RELEASED PARTIES”), AND SPECIFICALLY RELEASE, AND HOLD HARMLESS THE RELEASED PARTIES FROM THEIR OWN NEGLIGENCE; AND
9. I, “COACH”, PERSONALLY, AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, AGREE TO INDEMNIFY AND HOLD EXTREME STUDIO PERFORMANCE AND/OR EXTREME STUDIO PERFORMANCE LLC, ITS MEMBERS, DIRECTORS, OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS HARMLESS FROM AND AGAINST ANY AND ALL SUITS OF ANY NATURE OR KIND CAUSED BY, RESULTING FROM OR IN ANY WAY CONNECTED WITH THE ACTIVITY CONDUCTED ON THEIR PREMISES WHETHER OR NOT CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF EXTREME STUDIO PERFORMANCE OR EXTREME STUDIO PERFORMANCE LLC.
10. Complete Agreement. This contract supersedes all prior contracts and understandings between the Parties and may not be modified or terminated orally. No modification or termination of this contract is valid unless signed by ESP.
In Witness Whereof, the undersigned has executed this contract effective the date and year first below written.
Date Signed: November 20, 2018