Endorsement Agreement for Sponsorship of Team and Ambassadors
THIS ENDORSEMENT AGREEMENT (the “Agreement” or the “Terms”) is made effective at the viewing of this page between Whatever Skateboards (“Whatever” or “COMPANY”), located at 4275 Executive Square Suite 200, La Jolla, CA 92037, and the (“Athlete”), an individual whose information is entered by the Athlete (and / or their parent or guardian, if the Athlete is under 18 years old) who is endorsing Whatever Skateboards on websites, Social Media, and IRL (“In Real Life”), because Whatever is specifically on – boarding awesome people like Athlete who has been decided by the Whatever crew to be awesome in light of common goals, styles, values, and/or awesome pictures and videos (“Posts” or “Sick Edits”).
By filling out the form on this page you are agreeing to the terms and conditions of our Team and/or Ambassadors sponsorship.
1. Engagement. Company engages Athlete and Athlete hereby accepts the engagement to provide for endorsement of the Company brand, as further outlined herein. In addition, it is understood and agreed that the Territory of endorsement shall be worldwide.
2. Term of Agreement. The term of this Agreement shall be valid until 10 days after written notice by either party.
3. Grant. During the Term and subject to the limitations set forth in Paragraphs 9 and 10, Company shall have the unrestricted right to use the name, image, likeness, characterization, visual and audio representation of Athlete ("Athlete Attributes") in connection with the Company brand, including, but not limited to:
A. On the Company and brand’s website and any linked websites
B. In related press releases
C. In any social media, including but not limited to Instagram, Facebook & Twitter
D. Any print and non-print marketing materials
Athlete waives any and all rights to control, inspect, or approve the photos, videos, or other material used by Company for marketing use. Athlete waives all rights to receive any compensation for such use in any and allCompany promotional and/or marketing efforts, outside of Section 4.
4. Duties of Athlete and Rights of Company. During the Term and subject to the limitations set forth in Paragraphs 9 and 10, Athlete agrees to provide Company with the following:
A. Minimum of 1 post per month on social media tagging the brand
a. Instagram: @WhateverSkateboards
b. Hashtags: #WhateverSkateboards
5. Consideration. As consideration for Athlete's services under this Agreement, Company will provide at theirdiscretion:
A. Various product discounts
B. Event opportunities
C. Company products and apparel
6. Expenses. If applicable, Company agrees to pay or reimburse approved expenses related to Athlete's servicesprovided in Paragraph 4. All expenses must be approved in advance.
A. Company shall have the right to terminate this Agreement at will for any reason at any time. Such termination shall relieve Company of its obligation to provide any further consideration pursuant to this Agreement.
B. Athlete shall have the right to terminate this Agreement upon ten (10) days after written notice to Company at any time for any reason.
8. Representations and Warranties of Company. Athlete agrees to follow brand guidelines and never post anything racist, criminal, pornographic, hate or drug related.
9. Liability. Athlete agrees to release and discharge Company, its parent, subsidiaries, insurers, successors-in- interest, members, affiliates, employees, agents and representatives (collectively, Company) from and against all claims, demands, actions, suits, liabilities, losses, and damages with (together with all costs and expenses relating thereto, including, without limitation, court costs and attorneys’ fees), regardless of fault, at law or in equity, known or unknown, whether accrued or hereafter maturing (collectively, “Claims”) which Athlete has, have ever had, or may hereafter have against Company related to, in connection with or arising out of participation in any activities. This Agreement acknowledges that Athlete releases company from all claims, including those premised on negligent acts by Company, arising from Athlete’s participation in voluntary activities with Company or with Company products. Athlete agrees not to sue Company for any Claim which arises out of my participation in any activities. Athlete expressly states they are in good health and has no physical limitations that would preclude them from the use of any products provided by Company.
10. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed to place the parties in the relationship of partners, joint ventures, principal-agents, or employer-employee, it being understood that the parties hereto are and will remain independent contractors in all respects and neither party shall have any right to obligate or bind the other in any manner whatsoever.
11. Assignment. Neither this Agreement nor any of the rights or obligations contained herein may be assigned or transferred by either party without the prior written consent of the other party.
12. Authority to Contract. Each of the parties hereto represents and warrants that it is at least 18 years of age and has full right and power to enter into this Agreement, to perform all obligations to be performed by it hereunder, and to grant all rights hereunder granted without violating the legal or equitable rights of any other person or entity, and that the execution and performance of this Agreement will not conflict with or result in a breach of or default under any of the terms or conditions of any agreement to which either party has agreed, or is a party, or may be bound.
13. Choice of Law. Regardless of the place of execution hereof, this Agreement, all amendments hereto, and any and all issues or controversies arising here from or related hereto, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California.
14. No Third Party Beneficiaries. This Agreement is not for the benefit of any third party and shall be deemed not to give any right or remedy to such third party, whether referred to herein or not.
Complete and Submit the Form to Sign This Agreement
By completing and submitting this form you and/or your parent or guardian are agreeing to the terms and conditions described on this page, and are officially joining the Fly Discs Team or Ambassadors, the raddest up and coming disc golf brand, ESPECIALLY since we now have YOU on board because you’re awesome!