Standard Player Contract
Parties
This contract is entered into on , 2015, between DT ESPORTS LLC, (hereinafter, “Team”) and (hereinafter, “Player”) who resides at
. Independent Contractor Status
The Team hereby hires Player as an independent contractor to render, and Player agrees to render, skilled services as a professional Call of Duty player for One Year including the Team’s practices, exhibition games, playing season, playoffs, and any other official series or event in which the Team may participate. Player also agrees to utilize his skilled services to provide at least 20 hours of streaming content per month on Twitch.tv or a similar streaming platform if able to.
Payment
For performance of the Player’s services and promises hereunder, the Team will pay the Player the sum of $ $1800 in monthly installments, subsequent to December 1st. Payment shall be made on the day the amount becomes due. Player will also be entitled to
One Hundred percent (100 %) of any prize money earned through the playing season, playoffs, or other tournaments entered into by the Team. Player shall be entitled to retain 100 percent (100 %) of gross revenues derived from their streaming of content on Twitch.tv or other streaming platform. .
The Team shall be permitted to deduct from the Player’s salary only those amounts that are specifically authorized by this contract in any mutually agreed upon special covenant hereto, or a separate authorization signed by the Player. Any special covenant or authorization for a
deduction from the Player’s salary must state with specificity the particular expense for which the deduction is authorized. All deductions from a Player’s salary must be identified on the Player’s paystub or on a separate document provided at the time of payment.
The Player shall receive the pro rata amount of the above salary should the Player be in the service of the Team for only part of a pay period. Similarly, the Team shall be entitled to a pro rata share of any gross revenues derived from Player’s streaming of content should the Player be in the service of the Team for only part of a pay period.
Player Ability
The Player represents and agrees that he has exceptional and unique skill and ability as a Call of Duty player; that his services to be rendered hereunder are of a special, unusual and
extraordinary character which gives them peculiar value which cannot be reasonably or
cause the Team great and irreparable injury and damage. The Player agrees that, in addition to other remedies, the Team shall be entitled to injunctive and other equitable relief to prevent a breach of this contract by the Player, including, among others, the right to enjoin the Player from playing Call of Duty for any other person or organization during the term of his contract.
Player Condition
The Player represents that he has no physical or mental defects known to him which have not otherwise been disclosed to the Team and would prevent or impair performance of his services. Accommodations
The Team shall provide reasonable travel expenses for the Player to attend tournaments or other events, including hotel and airfare.
Player may have the option of residing in housing provided by the Team. Player is not required to accept such offer, should it arise.
Equipment
The Team may provide equipment from Team sponsors to promote said sponsors and to assist the Player in performing his services for the Team. Said equipment shall remain the property of the Team and must be returned to the Team.
Loyalty
The Player agrees to perform the services described hereunder diligently and faithfully, to obey the Team’s rules, to hold himself to high standards of personal conduct, fair play, and good sportsmanship. Player shall not make any racist comments or engage in behavior that is physically or verbally abusive, whether in game or not. Player shall not knowingly violate the governing rules of the MLG AW S3 LEAGUE.
Discipline
A violation of any of the provisions hereunder or the rules of the Call of Duty World League 1 may result in the Player being benched, a fine not to exceed One Thousand dollars ($ 1000 ), being terminated consistent with the provisions of this contract, or any
combination thereof.
A Player that is benched shall be entitled to receive the entirety of his salary as defined above, less any imposed fines.
Team Promotion
In addition to the services described hereunder, Player agrees to cooperate with the Team and participate in any and all reasonable promotional activities of the Team. Player also agrees to observe and comply with all reasonable requirements of the Team respecting conduct and service of its players at all times, whether in game or not.
Player’s Likeness
The Player agrees that his name and likeness may be used by the Team for still photographs, audio-visual works, and audio recordings at such times as the Team may designate and agrees that all rights in such uses shall belong to the Team and may be used by the Team for publicity purposes in any manner it desires.
Interest in Team
The Player represents that he does not, directly or indirectly, own stock or have any interest in ownership or earnings of any eSports team or organization, whether or not said team or organization maintains a Call of Duty team. Player agrees that he will not hereafter, while connected with the Team, acquire or hold any such stock or interest.
Service
The Player agrees that, while under contract, he will not play Call of Duty, or any other video game, for any form of compensation other than for the Team. This prohibition includes, but is not limited to, playing for another organization during a tournament, and streaming for another organization.
Dangerous Activities
The Player and the Team recognize and agree that the Player’s participation in certain sports or activities may impair or destroy his ability and skill as a Call of Duty player. Accordingly, the Player agrees that he will not engage in any sport or activity involving a substantial risk of personal injury without obtaining the written consent of the Team.
Assignment
The Player agrees that his contract may be assigned by the Team to any other team or organization in accordance with the rules of the Call of Duty World League S1, whichever governs.
Medical Information
The Player agrees to disclose to the Team any and all medical information that may impact the Player’s performance. This includes informing the Team of any and all medications which could impact the Player’s performance.
No Salary Reduction
The amount and percentages stated above which are payable to the Player for the period designated herein shall not be diminished by any such assignment.
Obligations of Assignor and Assignee Organizations
Upon and after an assignment of this Agreement, all rights and obligations of the assignor Team hereunder shall become the rights and obligations of the assignee team or organization. The assignee team shall be liable to the Player for payments accruing from the date of assignment and
shall not be liable (but the assignor Team shall remain liable) for payments accrued prior to and including that date.
Termination
The Player may terminate this contract, upon written notice to the Team, if the Team shall default in its payments to the Player provided hereunder or shall fail to perform any other obligation agreed to be performed by the Team hereunder and if the Team shall fail to remedy such default within fourteen (14) days after the receipt by the Team of written notice of such default.
The Player may also terminate this contract for any reason provided the Player remits the sum of six thousand four hundred dollars ($ 6400 ) to the Team in addition to providing written notice informing the Team that the Player wishes to be released from his obligations hereunder. Upon receipt of the specified sum and written notice, the Team will release the Player from the obligations hereunder and Player shall become a free agent.
The Team may terminate this contract upon written notice to the Player if the Player shall at any time: (1) fail, refuse or neglect to conform his personal conduct to the standards of fairness, good citizenship and good sportsmanship or to maintain their exception skills and abilities or to obey the Team’s training rules; or (2) fail, in the sole opinion of the Team’s management, to exhibit sufficient skill or competitive ability to qualify or continue as a member of the Team; or (3) fail, refuse or neglect to render his services hereunder or in any other manner materially breach this contract.
If this contract is terminated, the Player shall receive his pay, pro rata, for his days of service in the current pay period. Similarly, the Team shall be entitled to its share of revenue, pro rata, for the days of service which Player streamed content online.
Upon any termination of this contract by the Player, all obligations of both parties hereunder shall cease on the date of termination, except the obligation of both parties to pay the requisite compensation to said date.
Rules
The Team and the Player agree to accept, abide by, and comply with all rules and regulations of the Call of Duty World League, whichever governs. Said rules and regulations are subject to change by the governing bodies of ESL.
Disputes
The Player and the Team shall endeavor to resolve all disputes amicably, without the need for a neutral third party. Should the Player and the Team not be able to resolve a dispute amicably, then said dispute shall be settled by binding arbitration before the American Arbitration
Association (hereinafter, “AAA”) in the State of Florida by a sole arbitrator. Judgment upon any award rendered may be entered in any court with proper jurisdiction. The selected arbitrator shall
select the hearing date within seven calendar days of appointment. The hearing date shall be within ninety days of filing the initial demand for arbitration, unless the parties agree otherwise in writing. The Player and Team waive the right, if any, to obtain an award for punitive damages, or any award that would impose a penalty upon the other. The arbitrator shall also have the ability to award reasonable attorney’s fees of the prevailing party. The arbitrator shall make his or her award determination within seven calendar days of the close of evidence or submission of final briefs, whichever occurs later. Any arbitration under this agreement shall be governed by the AAA Commercial Arbitration rules.
Publication
The Team and its personnel may make public the findings, decision and record of any inquiry, investigation or hearing held or conducted, including in such record all evidence or information given, received, or obtained in connection therewith.
Renewal
The Team shall be entitled to an exclusive fourteen (14) day period at the expiration of this contract to negotiate the terms of a contract renewal. At the expiration of the exclusive fourteen (14) day negotiation period, Player shall be free to negotiate with any team he chooses.
The Player shall inform the Team fourteen (14) days prior to the date of expiration of this contract if he does not wish to negotiate the terms of a contract renewal with the Team. The Player may not enter into contract negotiations with another team or organization until the date of expiration of this contract. The exclusive fourteen (14) day negotiation period following the expiration of this contract shall be invalid if such notice is provided by the Player.
The Team shall inform the Player fourteen (14) days prior to the date of expiration of this contract if it does not wish to negotiate the terms of a contract renewal with the Player. The Player may not enter into contract negotiations with another team or organization until the date of expiration of this contract. The exclusive fourteen (14) day negotiation period following the expiration of this contract shall be invalid if such notice is provided by the Team.
Miscellaneous
If any provision, or part of any provision, of this Agreement is declared invalid, all other provisions of this Agreement shall remain in full force and effect.
Any delay or failure to act upon a breach of this Agreement shall not constitute a waiver of such rights under this Agreement.
Except as otherwise provided in this Agreement, no representations, warranties, or guarantees of either party not contained in this Agreement shall be binding on the parties.
The Player shall not have the right to assign, sell, lease, license or sublicense, in whole or in part, any of its rights or obligations hereunder.
This Agreement constitutes the complete agreement between the parties hereto on the subject matter hereof, and all prior or contemporaneous agreements between the parties, whether oral or written, shall be deemed merged herein. This Agreement may not be modified or amended except by a written instrument duly executed by both parties.
Special Covenants
Player will be given access to DT ESPORTS TEAM HOUSE Company will pay monthly salary of $1800 on the last day of month.
Company will provide funding for all online tournaments FROM DATE OF SIGNING.
Player name (print)
Address
Player (signature) Date
