THIS ATHLETE AGREEMENT, effective as of 17th October, 2017 (the “Effective Date”), is by and between AmuwoGames Committee, and the athlete signing below (“Athlete”), whose address is also set forth below. Athlete and AmuwoGames Committee may be collectively referred to herein as the “Parties” and each individually as a “Party.”
AmuwoGames is a product of BizzyBodyNG and the AmuwoGames Committee comprises of members of staff of the event owners – BizzyBodyNG and the Amwuo Odofin Sports Committee.
This Agreement shall commence as of the Effective Date and shall continue through and including 26th of November, 2017, unless earlier terminated.
- Obligations of AmuwoGames Committee.
AmuwoGames Committee agrees to perform the following duties and obligations:
(a) Respect for Athlete’s Training. In carrying out its duties and activities under this Agreement, AmuwoGames Committee shall be respectful of, and shall use reasonable efforts to avoid interfering with Athlete’s training and competition schedules.
(b) Corporate Sponsor Networking Events. AmuwoGames Committee shall use its commercially reasonable efforts to develop corporate sponsor networking events, and Athlete and their agent may participate in such corporate networking events for the purpose of meeting potential personal sponsors.
(c) Support Staff. AmuwoGames Committee, through its committee members and volunteer group, shall be available to Athlete to coordinate all AmuwoGames/Athlete activities.
(d) Personal Performance Gear. AmuwoGames Committee will not prevent athlete from using personal performance gear of his/her choice in competitions and training. Further, AmuwoGames Committee shall not require Athlete to cover up a manufacturer logo on Personal Performance Gear, as long as it complies with the relevant Local rules regarding size and placement.
(e) Athlete’s Personal Endorsements. AmuwoGames Committee shall not require Athlete to reveal the details of any personal sponsorship agreement other than the name of the company. Athlete shall not be required to give AmuwoGames Committee right of first refusal for any of [AmuwoGames’] sponsors regarding a personal contract with individual Athlete.
(f) Agents. AmuwoGames Committee shall not prevent Athlete from hiring or retaining an agent.
(g) Logo Space on Uniforms or Equipment. AmuwoGames Committee grants Athlete the use of logo space as identified in Addendum B for use by Athlete for Athlete’s personal sponsors as long as such sponsors do not compete with AmuwoGames Committee sponsors, a list of which is included in Addendum B.
- Obligations of Athlete.
Athlete agrees to perform the following duties and obligations:
(a) AmuwoGames Committee Membership and Eligibility. Athlete is and shall remain a member in good standing with AmuwoGames Committee throughout the term. Athlete shall remain eligible to compete in any other competition of choice.
(b) Administrative Deadlines. Athlete shall comply with any and all applicable deadlines established by the AmuwoGames Committee.
(c) Anti-Doping. Athlete shall comply with all Local and National anti-doping policies, procedures and protocols.
(d) Code of Conduct. Athlete shall sign and abide by AmuwoGames Committee Code of Conduct attached as Addendum C. The Code of Conduct is incorporated into this Athlete Agreement.
(e) Use of Image. Athlete agrees to be filmed, videotaped and photographed, and to have his/her name, image, picture, likeness, voice and biographical information otherwise recorded, in any media, by the AmuwoGames Committee’s official photographer(s), film crew(s) and video crew(s), and by any other entity authorized by the AmuwoGames Committee, under the conditions specified by the AmuwoGames Committee (the “Footage”).
Athlete grants to BizzybodyNG and AmuwoGames Committee the irrevocable, perpetual, fully paid-up, worldwide right and license to use, and to authorize third parties to use, in all media, the Footage for: (1) news and information purposes, (2) promotion of the specific competition(s) in which Athlete competes, (3) promotion of the national team, and (4) promotion the sport, provided that, in no event may the BizzybodyNG and AmuwoGames Committee use or authorize the commercial use of the Footage in any manner that would imply Athlete’s endorsement of any company, product, or service, without Athlete’s express written permission.
Athlete also grants to BizzybodyNG and AmuwoGames Committee the right to use athlete’s image in any BizzybodyNG or AmuwoGames Committee group licensing promotion, provided that, in no event may BizzybodyNG and the AmuwoGames Committee use or authorize the commercial use of the Footage in any manner that would imply Athlete’s endorsement of any company, product, or service, without Athlete’s express written permission. Athlete understands that BizzybodyNG and AmuwoGames Committee will exercise this right only in a group basis, i.e. applications involving the use of images of three or more Athletes.
(f) Participation in Media Sessions. Athlete agrees to participate in media sessions including photo shoots, as reasonably requested by AmuwoGames Committee, to promote a competition in which Athlete is participating.
(g) Appearances for AmuwoGames Committee. Athlete agrees to make two (2) personal noncommercial appearances for AmuwoGames Committee without remuneration except for reasonable travel costs. Such appearances will not interfere with Athlete’s training, preparation or competitions.
(h) Autographed Items. Athlete shall autograph up to 25 non-sponsor branded items, provided by BizzybodyNG and AmuwoGames Committee at its expense, which BizzybodyNG and AmuwoGames Committee may use to promote the sport and its mission, such as for thank you gifts, auctions, etc.
(i) Promotional Efforts. Athlete shall, on his/her personal web site and on social media sites (including without limitation Facebook and Twitter), promote AmuwoGames Committee collaboratively and in good faith. With respect to Facebook, Twitter and other social media applications that may develop, Athlete agrees to list AmuwoGames Committee as a friend and to include the AmuwoGames Committee logo in appropriate places.
(j) Training. Unless otherwise agreed by AmuwoGames Committee in writing, Athlete shall train for peak performances at key national and international events held during the Term. Athlete’s training shall be in accordance with his/her Athlete Training Plan as identified in Addendum A.
(k) Camps and Competition. Unless excused in writing by AmuwoGames Committee, Athlete shall attend the events indentified in Addendum A.
(l) Athlete Personal Sponsors. Athlete may not use or authorize the use of BizzybodyNG and the AmuwoGames Committee’s intellectual property, including use of photographs, films or videos of Athlete in AmuwoGames Committee apparel or equipment, or the marks and logos of the AmuwoGames Committee, or terms containing national team without the express written permission of BizzybodyNG.
(m) Team Apparel. Athlete will wear designated AmuwoGames Committee apparel at all official Team functions and events, and will not conceal or cover-up any AmuwoGames Committee sponsor, supplier or licensee brand or other identification appearing on AmuwoGames Committee apparel;
(n) No Other Logos on Team Uniform. Athlete is not permitted to add to the official AmuwoGames Team uniform any trade name, trademark, name, logo or any other identification of any person, company or business unless expressly provided for in this Agreement or a written waiver.
(a) Taxes. Athlete is an independent contractor and shall be solely responsible for any and all taxes and withholdings that may be due on compensation paid under this Agreement. AmuwoGames Committee shall have no responsibility for any taxes or withholdings on amounts paid to Athlete.
- Dispute Resolution.
The Parties agree that any dispute under this Agreement shall first be addressed by good-faith negotiation of the Parties. If a dispute involving a breach, act, omission or interpretation of this Agreement is not resolved by good-faith negotiation, the dispute shall be resolved by a hearing under the grievance procedures in the Bylaws of AmuwoGames Committee.
In the event that the Parties cannot resolve a dispute under 5 above, either Party may bring any controversy or claim arising out of or relating to this contract, or breach thereof, for final settlement by arbitration administered by the body responsible for Arbitration locally.
(a) Nature of the Parties Relationship. It is expressly understood and agreed that, in the performance of this Agreement, AmuwoGames Committee and Athlete shall be independent contractors, free from control of each other except as specified in this Agreement.
(b) Intellectual Property and Ownership. Nothing contained herein will be construed as an assignment or grant to Athlete of any right, title or interest in or to Bizybody NG or AmuwoGames’ trademarks, or in or to any copyright or other right in and to AmuwoGames Committee’s materials. Likewise, nothing contained herein will be construed as an assignment or grant to Bizzybody NG or AmuwoGames Committee of any right, title or interest in or to Athlete’s image and personality rights.
(c) Notices. Any notice required or permitted to be delivered under this Agreement shall be in writing and shall be deemed properly delivered on the earlier of the actual receipt, one day after being sent via electronic mail or SMS.
(d) Force Majeure. If for any reason outside a Party’s reasonable control, including without limitation strikes, boycotts, war, acts of God, labor troubles, riots, acts of terrorism, delays of commercial carriers, restraints of public authority, or for any other reason, similar or dissimilar, beyond either Party’s control, a Party is unable to perform its duties and obligations hereunder, such failure to perform will not be considered a default under this Agreement, and such Party will not be liable for the failure to deliver the corresponding benefits and privileges.
(e) Entire Agreement. This Agreement, together with any attachments hereto, contains the entire agreement and understanding of the parties and supersedes all prior agreements and understandings, whether verbal or written, with respect to the subject matter hereof and any such other agreements or understandings are hereby revoked.
(f) Waiver. A failure on the part of either Party to exercise any right, remedy, power, or privilege under this Agreement will operate as a waiver thereof. No waiver will be effective unless it is in writing and signed by the Party granting such waiver.
(g) Severability. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, that determination will in no way affect the validity or enforceability of any other provision herein.
(h) Governing Law. The terms of this Agreement and any dispute between the Parties shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.
FURTHER OBLIGATIONS of ATHLETE and/or AMUWOGAMES COMMITTEE
- Athlete shall compete in the following competitions:
– Tennis Singles
– Tennis Doubles
– Table Tennis
– Race 100m women
– Race 100m men
– Walkathon (5km race)
– Swimming Singles
– Swimming Relay
– Video Game – Soccer
– Video Game – Combat
- Athlete shall promptly notify AmuwoGames Committee in writing of any injury that interferes, or could reasonably be expected to interfere, in any manner with Athlete’s obligations in this agreement.
AmuwoGames Committee SPONSORS
Athlete is strongly encouraged to sign with AmuwoGames Committee sponsors listed below. Should Athlete sign a personal contract with a competing sponsor of the AmuwoGames Committee, they will not be given permission to use the AmuwoGames Committee’s intellectual property with that sponsorship, including any association with AmuwoGames Committee, the national team and their marks and logos.
– Eva Water (by Nigerian Bottling Company Plc.)
– Fero Mobile
– Alek Pharmacy
– Play TV
– Alat NG
– Divine Party Shop
– RSI Limited
– Festac Online
– Lumiere Multimedia
– Mile 2 My Hood
– Natty Wears
ADDENDUM C (to be printed out and signed)
Athlete Code of Conduct Agreement
I pledge to uphold the spirit of the AmuwoGames Committee Code of Conduct (the “Code”), which offers a guide to my conduct as an Athlete in the AmuwoGames competition. I acknowledge that I have a right to a hearing if my opportunity to compete is denied or if I am charged with a violation of this Code.
I have familiarized myself with the Code and understand that acceptance of its provisions is a condition of my selection to the Team.
As a Member of the Team, I hereby promise and agree that:
- I will practice good sportsmanship.
- I will act in ways that bring respect to me, my coaches, my team, my family and AmuwoGames.
- I will respect other athletes, volunteers, officials and coaches by not swearing at them, using foul language, or demonstrating inappropriate gestures or actions.
- I will demonstrate good behavior and actions with other athletes, coaches, volunteers, officials and staff.
Training and Competition
- I will train regularly.
- I will learn and follow the rules of my sport.
- I will listen and ask questions when I do not understand.
- I will always try my best during training, divisioning and competitions.
- I will not “hold back” in preliminaries just to get into an easier final heat.
- I will not make inappropriate or unwanted physical, verbal, or sexual advances on others.
- I will use tobacco products only in designated areas away from the field of play and will not share or encourage others to use tobacco products with me.
- I will not drink alcohol or use illegal drugs while representing AmuwoGames at events, trainings or competitions.
- I will not take drugs for the purpose of improving my performance.
- I will obey all laws and AmuwoGames rules.
Do You Understand the Athlete Code of Conduct Agreement?
- By signing below, I am saying that:
- I have read (or have had read to me) this Athlete Code of Conduct Agreement.
- I agree to obey this Athlete Code of Conduct Agreement.
- I understand the words and meaning of this Athlete Code of Conduct Agreement.
- I understand that this Athlete Code of Conduct Agreement is a general guide for my conduct and does not describe all types of good and bad behavior.
- I understand that my future participation in AmuwoGames activities could be affected if I do not obey this Code of Conduct Agreement.
- I understand and agree to follow the AmuwoGames Athlete’s Grievance Procedures if I wish to appeal my punishment. My coach or a member of the AmuwoGames Committee will explain the steps I must follow.