Fill and Sign the Agreement between Sponsor and Martial Arts Competitor to Wear Sponsors Logo Form

Agreement Between Sponsor and Martial Arts Competitor to Wear Sponsor’s Logo This agreement is made as of ______________ (date) by and between _______________________ (Name of Martial Arts Competitor) of _____________________ _________________________________________________________ (street address, city, state, zip code) , referred to herein as Martial Artist , and _______________________ (Name of Sponsor), a limited liability company organized and existing under the laws of the state of ________________, with its principal office located at _________________________________ ______________________________________________ (street address, city, state, zip code) , referred to herein as Sponsor . Whereas, Martial Artist , is a martial art practitioner who competes in martial arts tournaments in various parts of the United States; and Whereas, Sponsor is the owner of a national martial arts tournament circuit known as _________________ (Name) ; and Whereas, Sponsor desires for Martial Artist to wear or have its logos (which is described or pictured in Exhibit A attached hereto and made a part hereof) placed on the gi and/or other competition clothing used by Martial Artist during any and all martial arts competitions in which Martial Artist competes; and Whereas, Martial Artist has agreed to wear said logos pursuant to the terms of the Agreement; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. During the term of this Agreement, Martial Artist will wear or have the logo of Sponsor placed on the gi and/or other competition clothing used during any and all martial arts competitions in which Martial Artist competes; 2. In consideration of Martial Artist wearing said logos as aforesaid, Sponsor shall waive the fees required to compete in Sponsor’s national tournament circuit. 3. Martial Artist agrees that he will neither use nor promote any other logo in martial arts competition unless and until the same is approved by Sponsor. Sponsor agrees that any such other logo submitted for approval as provided in this Section may be deemed by Martial Artist to have been approved under this Section if the same is not disapproved in writing within (number) business days after receipt of the request from Martial Artist. Sponsor agrees that it will reasonably cooperate with Martial Artist and that any material submitted under this Section will not be unreasonably disapproved and, if it is disapproved, that Martial Artist will be advised of the specific grounds for disapproval. If Martial Artist desires immediate approval, Martial Artist shall have the right to directly contact Sponsor's managing member to obtain such approval. 4. If either party at any time during the term of this Agreement shall fail to observe or perform any of the covenants, agreements or obligations under this Agreement, the non- defaulting party may terminate this Agreement upon _____ day’s written notice to the defaulting party. Termination under the provisions of this Section shall be without prejudice to any rights or claims which the terminating party may otherwise have against the defaulting party. 5. Sponsor shall have the right to immediately terminate this Agreement, upon written notice to Martial Artist if Martial Artist : A. Has been charged with illegal or immoral conduct which could result in a felony conviction and such charges have not been dismissed or terminated within _____ (number) days; or B. Fails an officially sanctioned drug test or is criminally convicted of any felony or drug related offense. Any termination pursuant to this Section shall become effective on the ______ (number) day next following the date of receipt by Martial Artist of Sponsor’s written notice of termination. 6. The terms of this Agreement will commence on ______________ (date) and expire on _______________ (date) . 7. Martial Artist hereby acknowledges that practicing martial arts is potentially dangerous and that there are risks, dangers and hazards inherent in competition and in training, and in preparing for and traveling to and from such competition and training. Martial Artist acknowledges that he will be undertaking all of his martial arts activities at his or her own risk and agrees to assume all risks associated with, and incidental thereto. Martial Artist agrees to indemnify and hold harmless the Sponsor and its members, officers, employees, contractors, volunteers and agents from and against any and all liability, claims, losses, damages, and expenses which the Sponsor may suffer or incur as a result, directly or indirectly, of any activity undertaken by Martial Artist pursuant to this Agreement. This indemnification will survive any termination or expiration of this Agreement. 8. This Agreement does not constitute and shall not be construed as constituting an association, partnership, joint venture or relationship of principal and agent, or employer and employee, between Martial Artist and Sponsor. Neither party shall have any right to obligate or bind the other party in any manner whatsoever. 9. If any provision of this Agreement shall be declared illegal, invalid, void or unenforceable by any judicial or administrative authority, the validity of any other provision and of the entire Agreement shall not be affected by such declaration. 10. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 11. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 12. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 13. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 14. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 15. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 16. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 17. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 18. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. _________________________ (Name of Sponsor) ________________________ By:_________________________________ (P rinted name) __________________________ ________________________ (P rinted Name & Office in LLC) (Signature of Martial Artist) _________________________ (Signature of Officer)