LEAGUE INC.
STANDARD PLAYER CONTRACT
This contract is between (insert full and complete corporate name of team here]
Orlando Predators Ltd. ("Team") a Member of the League, Inc. and
(insert name of player here] Xxxx Xxxxxxxx ("Player") an individual
Professional Football Player. In consideration of the promises listed in this
Contract, and for other good and valuable consideration the receipt of which and
the adequacy of which is acknowledged by the Player and the Team, the Player and
the Team agree:
1. TERM: The Team hires the Player as a skilled football player for a one (1)
year term starting April 1, 1996 and ending March 31 of the following year,
unless terminated or renewed as specified elsewhere in this contract. The
execution of this contract, will supercede any and all prior contracts,
including renewals, entered into between the Player and the Team.
2. COMPENSATION AND EXPENSES: The Player is NOT entitled to compensation and
benefits if a strike, work stoppage or lockout causes the cancellation of any
game, or if the Player retires, or if the player's contract is terminated by the
Team, or if the player is placed on the reserve list. (In this contract the term
"Reserve List" means: exempt list, suspended list, failure to report list and/or
retired list) Payment to the Player by the Team is according to its rules,
regulations and business practices. Player agrees NOT to play for any other
football team and/or league and this fact has been considered in determining the
player's salary.
A. SALARY:
1. PRE-SEASON: In conjunction with his participation in his Team's
pre-season training camp, the Team will pay to transport the Player to the site
of the pre-season training camp. The Team determines the type of
transportation.
2. REGULAR SEASON: For performance of Player's services and all
other promises of Player, the Team will pay Player a yearly salary of
$ $8400.00, (less all amounts required to be withheld by taxing
authorities) subject to the following conditions and payable as follows:
a. In 14 equal payments in the gross amount of $600.00 each, payable on the
following dates:
Wednesday's following each game.
b. Each payment is payable only if the player was an "active" player on the
AFL Team's 20-man active roster (as opposed to its reserve list which shall
include: exempt list, injured reserve list, suspended list, failure to report
list and/or retired list) on the date of the Player's Team's game immediately
preceding each payment date. The Player may be moved back and forth from the
Team'sTaxi squad and to and from the Team's roster (and receive the designated
salary contained within this contract for those respective positions) on a need
basis to be determined at the discretion of the coaching staff of each Team.
Players base salary shall be adjusted on a pro rata basis and reduced by the
total number of games missed/played during the term of this contract. This base
salary is compensation for regular season games and is not compensation for
playoff games. All playoff compensation shall be according to the schedule
provided below under the "Bonuses" paragraph entitled "Playoff Game
Compensation".
c. The Team will also pay the Player's necessary travel expenses to his usual
residence, if this contract is terminated by Team and the Player's reasonable
room expenses during the season and the Player's hotel expenses when the Player
is playing road games during the regular and post season outside the Team's home
city.
3. TAXI SQUAD MEMBERS: If the Player's contract is assigned to the
Taxi Squad for performance of Player's services and all other promises of
Player, the team will pay the Taxi Squad Members a minimum yearly salary of
$4900., (less all amounts required to be withheld by taxing authorities)
payable as follows:
a. In 14 equal payments the gross amount of $350.00 each. Payment
will be under the same schedule as subsection 2 a.,b., and c above.
B. BONUSES: In addition to the salary listed in the previous
subsections, the Team will pay the Player the following bonuses only
if the Player was on the Team's 20-man "active" roster on the day of
the game for subsections 1, 2, and 4 below and only if the following
criteria are met:
1. REGULAR SEASON WIN BONUS: $200 for each regular season victory
of the Team, or $100 for each regular season tie if the Player
was on the Teams' 20-man active roster for that game.
2. PLAYOFF GAME COMPENSATION: On the Wednesday after each playoff
round, if the Player was on the Team's AFL 20-man active roster
for that playoff game an amount per game as follows:
a. FIRST ROUND: $1,000 if the Team wins the game or
$750.00 if the Team loses the game.
b. SECOND ROUND: $1,250 if the Team wins the game or $875
if the team loses the game.
c. THIRD ROUND (ArenaBowl): $1,500 if the Team wins the
game or $1,000 if the Team loses the game.
3. POST SEASON AWARDS: (a) $1,000 if the Player is selected as his
Team's Most Valuable Player (MVP) at end of the 1996 season, (b)
$1,000 if the Player is selected his Team's "Ironman" at the end
of the season, (c) $1,000 if the Player is selected the AFL's
Most Valuable Player/Ironman at the end of the season, (d) $l,000
if the Player is selected as the AFL's Offensive Player of the
Year, (e) $1,000 if the Player is selected as the AFL's Defensive
Player of the Year, and (f) $600 if the Player is selected to the
post-season "All League first Team".
C. HOUSING:. The Team will be responsible to find and provide housing,
if appropriate, for the Player if he is on the Team roster. Any tax
liability associated with this provision shall be the responsibility
of the Team and/or the Player only.
3. DELAY IN THE START AND/OR SUSPENSION OF THE TERM OF THIS CONTRACT: The
Player may delay the start and/or suspend the terms of this contract, only with
the prior written approval of the Team's General Manager, if
(A) the Player signs a contract before April 6, 1996 to play for a
team in the National Football League ("NFL"), World Football League
("WFL") or Canadian Football League, ("CFL"), and
(B1) the Player notifies the Team's General Manager, in writing,
before April 6, 1996 that the Player is delaying the start of the term
of this Contract, or
(B2) the Player was listed in the official transactions list of the
NFL, WFL or CFL as having signed an NFL, WFL or CFL contract before
April 6, 1996, or
(B3) the player is asked to participate in a National Football League
("NFL") preseason training camp after the start of this contract. If
this should occur, the player's contract may, but is not required to
be suspended with the prior written approval of the Team's General
Manager. Player understands that the Team is not obligated in any
manner to release the player from this contract.
If the Player delays the start and/or is allowed to suspend the term
of this contract, all rights and obligations of the Player, and the Team,
under the terms of this contract are suspended immediately upon written
notification before April 6, 1996 and/or written notification and approval
of the Team's General Manager if suspension is requested after the start of
the season. Once the player is no longer under contract to the NFL or CFL
team, then the terms of this contract are no longer suspended and the term
of this contract begins on the date that the Player reports to the Player's
AFL Team. However, the player must report to the Team within twenty-four
(24) hours from the date he was last under contract to the NFL, WFL or CFL
team. (The term "under contract" means until the player clears waivers from
the applicable league). The Player may not delay the start of this
contract after April 6, 1996 without prior written permission from the
Team's General Manager for only the above listed reasons.
4. RETIREMENT: In order for a Player to retire from the AFL, he must sign a
"Player Retirement Form" provided by the AFL and sent to the AFL Director of
Football Operations. The minimum period of the Player's retirement is one (1)
year from the date of notification to the AFL. If the player retires before
this contract ends, then this contract's term will be tolled between the date
the player retires and the later date of his return to . During
the period this contract is tolled, the player is not entitled to receive any
compensation and benefits from the Team. When the Players returns as a Player
to , the term of this contract will be extended for a period of
time equal to the length of the retirement.
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5. TRADE: At any time during the term of this contract, the Team may trade this
contract to any other Team in the AFL. If the Team trades the Player, it will
pay the player's reasonable transportation expenses to the location of his new
Team. The Player must report to his new Team he is traded to within forty eight
(48) hours of being informed of the trade. If the Team ceases or suspends
operations, the rights to the Player's services under this contract will be
subject to the AFL's by-laws, operations manual and rules and regulations.
6. SCOPE:
(A) The Player's "employment" with the Team means the player will
report promptly for and participate fully in all Team pre-season
training camps, all team meetings and practice sessions and all
pre-season, regular season, and/or playoff games scheduled by the AFL
for the Player's Team. If invited, Player may practice for and play
in any AFL All-Star Game and will fully participate in all of the
events associated with it, and will participate in all reasonable
promotional events of the AFL and the Team, throughout the entire
pre-season, regular season and playoffs.
(B) The Player is not authorized to incur any expenses on behalf of
the Team or the AFL unless authorized, in writing, by the Team's
General Manager and/or the AFL's Director of Football Operations
respectively, to do so.
7. MEDICAL POLICIES:
A. As appropriate, during the term of this Contract, the Team
may direct the Player to undergo medical examinations and treatments from a
health care provider selected and provided by the Team. The Team pays for such
examinations and treatments. The health care provider shall furnish all
relevant information pertaining to the Player to any independent health care
provider designated by the Team.
B. The Player must notify the Team through the trainer and head
coach of the Player's Team immediately if the player is injured during the term
of this Contract. The notice must include the time, place, cause and nature of
the injury. The Team reserves the right and the Player agrees to submit to an
independent physical examination at any time during the term of this contract by
a physician chosen by the Team.
8. PHYSICAL CONDITION/MEDICAL TESTING: The Player represents to the Team
that he is in and will maintain himself in excellent physical condition.
Player agrees that he will undergo a complete entrance physical examination
by the Team (including, if requested to do so, and if permitted by state law,
a substance abuse test) at any reasonable time, by a physician approved by
the Team during which physical examination Player agrees to make full and
complete disclosure of any physical or mental condition known to him which
might impair his performance under this contract and to respond fully and in
good faith when questioned by the Team physician about such condition. If
Player fails to establish or maintain his excellent physical condition to the
satisfaction of the Team physician, then the Team may terminate this
contract. When permitted by state law, in addition to taking a substance
abuse test if he is asked to do so as part of the entrance medical exam, the
Player also agrees to submit to reasonable, confidential random testing for
substance abuse during the term of this contract and the Player acknowledges
that his failure to comply with such testing will be grounds for the
immediate termination of this contract by the Team. The Player also agrees
to submit to an exit physical examination within forty-eight (48) hours after
his Team's last game of the 1996 season or at the termination of this
contract, whichever occurs earlier.
9. INJURY: If Player is injured in the performance of his services under this
contract, he must immediately report such injury to the Team trainer and
physician no later than twenty-four (24) hours after the Player's first
awareness of such injury. The Player will receive such medical and hospital
care during the term of this contract as the Team's physicians deem necessary
and appropriate in their professional judgment. If the Player is unable to
perform the services required of him as a member of his Team due to such injury,
then the Player will receive such care and compensation as provided by the Team
pursuant to applicable state laws. Players must follow the instructions of the
Team physician and trainer and keep all appointments for treatment and/or
rehabilitation. This includes traveling to meet with the physician and trainer,
if required. If the Player fails to keep appointments or follow the physician's
and/or trainer's instructions, it will be grounds for the termination of this
contract by the Team.
10. INDUCING OTHERS TO BREACH CONTRACT: The Player shall NOT, during this
contract's term, entice, induce, or persuade any other player or coach under
contract to the AFL or any AFL member team to negotiate with any other person or
organization for services as a player or as a coach.
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11. TERMINATION OF CONTRACT: The rights of termination set forth in this
contract will be in addition to any other rights allowed either party by law.
The Team may terminate this contract upon written notice to the Player if the
Player at any time, fails, refuses or neglects to conform his personal conduct
to the standards of good citizenship, good moral character and good
sportsmanship; fails, refuses or neglects to keep himself in good physical
condition; fails, refuses or neglects to obey the Team's or AFL's rules; fails,
in the sole opinion of the Team, to exhibit sufficient skills or ability to
continue as a member of the Team; fails, refuses or neglects to render his
services in any manner materially breaching this contract.
12. AFL RULES AND REGULATIONS: The Team and the AFL has established reasonable
written rules for the conduct of the Player and after they are provided to the
Player, these rules are deemed a part of this contract. The Team and the AFL
may impose reasonable fines or suspensions on the Player for violating these
rules by giving the Player written notice of the amount of any fine or the
length of any suspension and the reasons for the fine or suspension and by
deducting the fine from any money due or to become due to the Player. During
any suspension, the Player is not entitled to any compensation under this
contract.
13. INTEGRITY OF THE GAME: Player recognizes the detriment to the League and professional football that would result from impairment of
public confidence in the honest and orderly conduct of AFL games or the
integrity and good character of AFL players. Player therefore agrees NOT to
accept a bribe or throw or fix any AFL game or attempt to do the same. Player
also agrees not to bet, legally or illegally, anything of value on the result or
margin of victory of any game and Player agrees to not, legally
or illegally, bet anything of value on the result or margin of victory of any
professional or college football game. Player also agrees to promptly report to
the AFL Director of Football Operations, a bribe offer or an attempt to throw or
fix an AFL game. Player also agrees not to knowingly associate with gamblers or
gambling activity; not to use illegal drugs; not to provide other players with
stimulants or other drugs for the purpose of attempting to enhance on field
performance; or to be found guilty of any other form of conduct reasonably
judged by the AFL Director of Football Operations to be detrimental to the AFL
or professional football. If the AFL Director of Football Operations, in his
sole discretion, finds any player responsible for any of the above violations,
the Director of Football Operations may suspend, dismiss and/or permanently
disqualify the player from any further association with the AFL. The AFL
Director of Football Operation's findings and decisions with regard to this
matter are final, binding and unappealable.
14. RIGHTS OF PUBLICITY AND PRIVACY: The player grants to the Team and the
AFL, separately and together, the full authority to use his name, signature,
likeness and/or picture for all publicity and promotional purposes in
newspapers, magazines, motion pictures, trading cards, game programs, roster
manuals, all broadcasts and telecasts, and all other publicity and
advertising media. The player agrees to cooperate with the news media and to
participate, upon request and without further compensation that is specified
herein, in any reasonable promotional activities of the Player's team and/or
the AFL including but not necessarily limited to, the following: personal
appearances, media, television and print interviews; autograph sessions;
videos and other media. The Player also agrees NOT to engage in any
promotional, advertising, sponsorship or related activity for any entity or
purpose during the term of this Agreement without the prior, written
permission of the Team, and the AFL General Counsel, which permission will
not be unreasonably withheld if the Team and the AFL General Counsel finds
that such activity does not conflict with any and all AFL protected
trademarks, copyrights and/or logos associated with the AFL or any AFL member
team or any other protected purpose of the Team, the AFL or with any sponsors
of the Team and/or the AFL. The terms "publicity", "endorsements", and/or
"promotions", as used herein, will include, but will not necessarily be
limited to, the following: athletic gear and/or apparel supplied or provided
by the Team to the Player. In addition, the Team and the AFL may make
pictures and sound recordings of the Player alone or with others, for
photographs, computer images, motion pictures, television and other media
known or unknown. The Team and the AFL may use the pictures and recordings,
no matter by whom taken, in any manner for publicity, advertising,
promotional, or trade purposes. The rights in any pictures and recordings
belong to the Team and the AFL but not the Player. The Player may NOT use
any logo, trademark and/or copyright of the AFL for any purpose without the
prior written consent of the AFL General Counsel.
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15. UNIFORM: The Player must wear the official uniform of the Team including,
but not limited to helmets, jerseys, pants, socks, wristbands, athletic shoes
and pads at all games, practices and other occasions when he wears a football
uniform or plays football in the AFL. The Player may not wear the identifying
logo, name, colors, marks, or design of any company, product or service at any
AFL football game, practice or other occasion when he represents the Team or the
AFL, including, but not limited to, logos, names, colors, marks or designs on
athletic shoes, headbands, arm and wrist bands, socks, and bandannas. Upon the
termination of this Contract, or at the end of the playing season, the Player
must return to the Team all of the uniforms and equipment in his possession or
issued to him. The Team may deduct from any payment due the Player, the value
of any uniform or equipment not returned by the Player.
16. PLAYER'S WARRANTIES: The Player warrants and represents that he is not
obligated to play football for any other football team or league during the term
of this Contract. The Player will indemnify and hold harmless the Team and the
AFL for any claims, actions, demands, losses, costs, expenses, liability and
damages with respect to any contract the Player has previously executed to play
football during the term of this Contract; will give his best services and
loyalty to the Team and the AFL and play football only for the Team; will be
neatly and fully attired in public and will always conduct himself on and off
the field according to the highest standards of honesty, morality, fair play and
sportsmanship; will not do anything detrimental to the best interests of the
Team or the AFL, and will not sponsor, participate in, operate or own any
football training, teaching, scouting or tryout camp for college or professional
players without the written permission of the AFL Director of Football
Operations; will pay all his obligations incurred in each city in which he
participates with the AFL. If the Player fails to pay any obligation which is
incurred while the Player is under contract to the Team, the Team may pay the
obligation and deduct the amount from any amount due, or to become due to the
Player.
17. DISPUTES: If the Player claims that the Team has defaulted on the payment
of any compensation or rights provided under this contract, the Player must
immediately notify AFL's Director of Football Operations, in writing, of all the
facts regarding his claim(s). In that event, the parties agree to first attempt
in good faith to mediate this dispute, before resorting to arbitration, or the
filing or any other dispute resolution procedure. In the event the parties can
not resolve the dispute then the parties hereby agree to enter into binding and
final arbitration with an independent arbitrator on the disputed claim(s). This
includes but is not limited to a dispute between Player and Team involving the
interpretation or application of any provision of this contract. All decisions
regarding such dispute will be final and binding on both the Player and the
Team.
18. ASSUMPTION OF RISK: The Player understands and agrees that there are risks
of injury, severe injury and partial and/or permanent disability associated with
playing in the AFL. These risks include the risks ordinarily associated with the
playing of football outdoors as well as other risks that are associated with the
playing of , including, but not limited to the following: the use
and/or misuses of indoor football equipment; coming into contact with side
boards or dashberboards, balls caroming off the sideboards or the endzone net
systems; players, coaches, referees and other game personnel reacting to balls
caroming off sideboards or the net system, a field that is approximately 25% of
the area of an outdoor field, but with 73% the number of players on an outdoor
field creating a higher density of people on the field; endzones that are two
yards shorter than an endzone of an outdoor field; endzones with curved corners,
different visibility due to indoor lighting, different audio conditions indoors
as opposed to outdoor, closer proximity to the fans in attendance; rules that in
some cases are different from outdoor football rules, uncovered floors beyond
the endzones, down markers with less room to be dropped onto the ground; and,
due to the smaller size field, less time to react to situations as they develop
on the field. Therefore the Player agrees to assume all risks that result from
playing the game of .
19. PROHIBITION ON ENGAGING IN DANGEROUS ACTIVITIES: The Player agrees that he
will not engage in any dangerous activities or other activities that may expose
the Player to physical risks during the term of this contract, including but not
limited to: boxing, wrestling, motorcycling racing, auto racing, sky-diving,
bungee jumping, scuba diving or hang gliding.
20. RELEASE AND WAIVER OF CLAIMS: The Player waives and releases every claim,
demand, judgement and cause of action he may have against the Team, the AFL, the
AFL Commissioner, AFL Deputy Commissioner/ General Counsel, the AFL Director of
Football Operations, every AFL MemberTeam and their directors, officers,
stockholders or partners, for damages in connection with any decision of the
Commissioner, Deputy Commissioner, the AFL or any AFL Member Team or any injury
suffered by Player during the term of this contract.
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21. ENTIRE AGREEMENT: This contract, and the documents explicitly incorporated
by reference into this contract constitute the entire agreement between the Team
and the Player and cannot be modified or supplemented orally. No change,
termination or attempted waiver of any portion of this contract is binding
unless in writing and signed by the Player and the Team.
22. EXECUTION OF CONTRACT: This contract is valid and binding upon the Player
and the Team immediately upon execution. A copy of this contract, including any
attachment to it, will be filed by the Team with the AFL League office within
10 days after execution. The AFL Director of Football Operations will have the
right to disapprove this contract on reasonable grounds, including but not
limited to an attempt by the parties to abridge or impair the rights of any
other Team, uncertainty or incompleteness in expression of the parties'
respective rights and obligations, or conflict between the terms of this
contract and the League rules and regulations then in existence. Approval will
be automatic unless, within 10 days after receipt of this contract in his
office, the AFL Director of Football Operations notifies the parties either of
disapproval or of extension of this 10-day period for purposes of investigation
or clarification pending his decision. On the receipt of notice of disapproval
and termination, both parties will be relieved of their respective rights and
obligations under this contract. Pursuant to the AFL Operations Manual, the AFL
Director of Football Operations will keep and maintain a copy of every Player's
contract listed by Team.
23. OPTION TO RENEW CONTRACT: The Team may renew this contract for one
additional one year term (the 1997 season) by paying the Player a salary equal
or greater than the salary listed in this contract. To renew the Contract, the
Team must notify the player, in writing, that it has exercised this renewal
option on or before March 31, 1997. If the Team does not notify the Player
before March 31, 1997, then this renewal option automatically expires.
24. GOVERNING LAWS: The Player understands and agrees that the Team and not the
AFL is his employer and as such, he agrees that this contract is governed by the
laws of the State of FLORIDA.
25. AMATEUR STATUS: By signing this Contract, the Player may forfeit any
amateur or collegiate standing or eligibility he may have.
26. MISCELLANEOUS: In this contract, the term "TEAM" includes the Team's
assignees.
Insert any additional contract terms, if any, here (and on additional sheets, if
needed).
*ADDENDUM A & WAIVER
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ADDENDUM "A"
ORLANDO PREDATORS, LTD.
SELF INSURANCE
MEDICAL/DISABILITY PLAN
1996 SCHEDULE OF BENEFITS
A. TRAINING CAMP: Preseason training camp is a "conditional tryout
period" during which 30 or more players compete for 23 spots on the final
roster. There is no guarantee of a roster spot, however players will be
compensated during this period, as they are preforming the duties of
professional athletes (practice, meetings, preseason games, etc.).
1. Injury Benefits: 100% of medical expenses for treatment directed or
approved by the team physician. Lost time benefits will be $150.00 per week,
with a maximum payment of $600.00 per month to an aggregate of $2,000.00 or
until certified as having reached Maximum Medical Improvement, whichever occurs
first.
B. REGULAR SEASON AND PLAYOFFS: Players that make the 24 man roster as of
April 22, 1996, or are added to the roster after that date will be considered as
"rostered" players, and will be entitled to earn up to 100% of their base salary
in the event of injury during practice, or in a game.
1. Injury Benefits: 100% of medical expenses for treatment directed or
approved by the team physician. During the regular season, while the team is
still active in playoffs, or should a player finish the season still "injured",
lost time benefits shall be $350.00 per week, to a maximum disability benefit of
the contract amount (8,400.00), less amounts earned while on the active or
reserve roster.
-Should a player sustain an injury late in the season or
require post season surgery, such that he will be unable to perform in any off
season occupation, a disability benefit in the amount of $250.00 per week, to a
maximum of $1,000.00 per month , to an aggregate amount of $4,000.00 will be
paid until the player is certified by the AFL physician as having reached
Maximum Medical Improvement, or benefits have reached the aggregate amount,
whichever occurs first.
-Players must follow the instructions of the AFL physician,
and keep all appointments for treatment and rehabilitation. This includes
traveling to meet with the physician, if required. Failure to keep
appointments or follow such physician instructions will be grounds for
suspension or termination of the lost time portion of benefits.
Player's Initials
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-Player agree that team shall have a dollar for dollar
offset for any money payments that may be owed if player is either gainfully
part or full time employed up to the maximum benefits allowed in this contract.
* A more comprehensive document detailing all benefits, terms and conditions of
the AFL Self-Insurance Employee Medical/Disability Plan will be presented to
each player within 30 days of execution of this contract.
C. CATASTROPHIC DISABILITY BENEFITS: If the Player's injury in the
performance of his services under this contract results in his permanent and/or
partial disability or death, then the unpaid balance of his annual salary and
the amount due the player under the Catastrophic Benefits Plan administered by
American Specialty Underwriters (ASU) in the amounts of $250,000.00 for
Accidental Death, and/or $250,000.00 Lump Sum Presumptive Disability; if after
twelve (12) consecutive months of disability, it is medically determined that
the insured is permanently and totally disabled from ever again engaging in any
occupation due to quadriplegia, paraplegia, loss of sight of both eyes, loss of
both hands and feet, or the loss of one hand and one foot, the company will pay
the stated benefits for death and/or presumptive disability to player or, to his
stated beneficiary or, in the absence of a stated beneficiary, to his
estate. Player: Xxxx Xxxxxxxx elects as
-----------------------------
his stated beneficiary:
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Player's Initials
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ACKNOWLEDGEMENT AND ACCEPTANCE OF RISKS
AND RELEASE AND WAIVER OF LIABILITY
The undersigned desires to participate in various activities associated
with the sport known as , including activities specifically
associated with the Orlando Predators, Limited, Pro-Vision, Inc., and Fifty
Sports, Inc. These activities include, but are not necessarily limited to;
tryouts or other activities designed to select members of the team; training;
practice activities; promotional activities and games. The
undersigned realizes that there are a number of risks associated with the
contact sport involved and acknowledge that this document is intended to
record and confirm his acknowledgement and assumption of those risks
associated with the activity, in addition to reflecting his agreement to
release and waive any liability on the part of Orlando Predators Ltd.,
Pro-Vision, Inc., and Fifty Sports, Inc., arising from any and all such
activities, with the exception of liability arising from gross negligence,
willful and wanton misconduct or intentional negligence on the part of any
employee or agent of those entities. This acknowledgement, waiver, and
release is being given in specific consideration of the opportunity provided
to the undersigned to tryout for, or participate in the activities referred
in this document.
The undersigned is familiar with the activity known as arena football and
acknowledges fully the possibility of serious injury arising from the activity.
The undersigned is aware of the fact that participation in activities associated
with arena football
Player's initials
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carries with it the risk of injuries arranging from temporary soft tissue
injuries to serious and permanent disabling injuries or death. Notwithstanding
this awareness of the risks associated with the activity, the undersigned
desires to participate in those activities and hereby expressly assumes all
risks associated with, arising from or in any manner related to participation in
any activity associated with arena football, including but not limited to the
following:
1. Injuries arising from or related in any manner to any contact with any
other player or participant in any activity associated or connected with arena
football, whether such contact is inadvertent, negligent, intentional or
malicious on the part of the player or participant in the activity causing the
contact.
2. Injuries arising from any and all contact with any playing surface or
any object, fixture, barrier or devise, near, on or in the vicinity of any
playing surface while participating in any activity associated with arena
football.
3. Injuries arising from any and all contacts of any nature with any
third party, including members of any audience attending or observing any arena
football activity.
4. Injuries arising from the failure, malfunction, design or condition of
equipment utilized in any arena football activity.
5. Injuries arising while in transit to or from any arena football
activity or arising form any condition on the premises at which the activity is
conducted.
Player's initials
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6. In addition to expressly assuming all responsibility for any injuries
arising from the risks specifically identified above, the undersigned agrees to
assume all liability for any risks arising form or related in any manner to the
performance of any activity associated with arena football which is inherent
within the operation of the activity or is a reasonably foreseeable hazard
associated with the performance of any such activity. In addition to expressly
assuming all such risks, the undersigned hereby agrees to release and hold
harmless Orlando Predators Limited, Pro-Vision, Inc., and Fifty Sports, Inc.,
from any and all claims associated with, arising from or related in any manner
to the participation by the undersigned in any activity associated with arena
football, including any claims or any injuries arising in whole or in part of
any negligence on the part of Orlando Predators Limited, Pro-Vision, Inc., and
Fifty Sports, Inc.
The specific intent of the undersigned is to limit the liability of those
parties to any claims arising from gross negligence, willful and wanton, or
intentional conduct on the part of Orlando Predators Limited, Pro-Vision, Inc.,
and Fifty Sports, Inc., which shall not include any liability on the part of
those parties associated with any gross negligence, willful and wanton
misconduct, or intentional conduct on the part of any third party.
THE UNDERSIGNED SPECIFICALLY AGREES THAT HE IS UNDER NO DURESS OR
COMPULSION TO EXECUTE THIS DOCUMENT, AND THAT HE IS
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FREE TO DECLINE TO PARTICIPATE IN ANY ACTIVITY ASSOCIATED WITH ARENA FOOTBALL
TO WHICH THIS AGREEMENT APPLIES. THE UNDERSIGNED FURTHER AGREES THAT HE HAS
EITHER SIGNED THIS DOCUMENT AFTER OBTAINING INDEPENDENT ADVICE OF COUNSEL OF HIS
OWN CHOOSING OR AFTER INDEPENDENTLY AND VOLUNTARILY DECIDING NOT TO SEEK SUCH
COUNSEL BEFORE SIGNING THIS AGREEMENT. THE UNDERSIGNED ALSO AGREES THAT HE
UNDERSTANDS FULLY THE TERMS AND INTENT OF THIS AGREEMENT.
The undersigned further agrees that he is not relying on any oral
representations, statements or interpretations regarding the interpretation,
application or effect of this agreement, which he intends to be binding and
enforceable according to its terms. The undersigned further understands and
agrees that the terms of this agreement shall apply to any participation in any
and all activities associated with arena football from the date this document is
signed until it is revoked or withdrawn by the Orlando Predators Limited,
Pro-Vision, Inc., and Fifty Sports, Inc.
The undersigned further agrees that this document will be governed and
interpreted under the law of the State of Florida, and that exclusive venue for
any claim against the Orlando Predators Limited, Pro-Vision, Inc., and Fifty
Sports, Inc., arising form any activity covered by this agreement shall be in
Orange County, Florida.
I HAVE FULLY READ AND UNDERSTAND THE CONTENTS OF THE PRECEDING PORTIONS OF
THIS DOCUMENT AND INTEND TO BE BOUND BY IT AS REFLECTED IN MY SIGNATURE BELOW.
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Participant
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Witness
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Witness
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