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MARKETING REPRESENTATION AGREEMENT
This Marketing Representation Agreement (the “Agreement”) dated as of October 16,
2015 is entered into by and between Person A, residing at Address 1, Person B, residing
at Address 2, who are associated with LLC, a limited liability company organized in
State A and having its principal place of business at Address 3 (The Persons are hereafter
referred to as the “Marketing Representatives” or in the individual “Marketing
Representative”) and Football Player (Football player is hereafter referred to as the
“Athlete”).
WHEREAS the Athlete is an individual who is eligible to engage in or may be eligible in
the future to engage in professional football in the National Football League (the “NFL”),
and the Marketing Representatives are individuals who are eligible to offer marketing
services to athletes in the NFL.
WHEREAS the Athlete wishes to utilize the Marketing Representatives services to
negotiate and/or solicit endorsements, appearances, signings, and other services as set
forth below on behalf of the Athlete.
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the parties hereby agree as follows:
1. DEFINITIONS
1.1 “Agreement” shall mean this agreement, including any amendments,
supplements, and addenda from time to time.
1.2 “Parties” refers to those who have signed this agreement
1.3 “Territory” shall mean the entire World, including all cities, countries, and
continents
1.4 “procured” shall mean to execute, negotiate, or bring to the attention of the
Athlete or to persuade or cause someone to offer the Athlete any opportunity
including but not limited to those listed in section 2.4 herein.
1.5 “date of expiration” shall mean the date in which the contract ends by no fault of
the parties, but merely by the natural passing of time and the arrival of the agreed
upon date.
1.6 “termination” shall mean the date in which the contract ends due to the unilateral
act of one party or the mutual consent of both parties.
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2. ENGAGEMENT
2.1 The Athlete hereby solely employs the Marketing Representatives as his exclusive
Marketing Representatives. Accordingly, the Athlete hereby agrees that he will
not enter into any agreement or other arrangement with any other person, firm, or
company to perform the services to be performed by the Marketing
Representatives.
2.2 The Marketing Representatives shall have no authority to accept any agreement or
create any obligation on behalf of the Athlete.
2.3 Neither the Marketing Representatives, nor their employees shall be required to
render exclusive services to the Athlete or to devote their entire time or the entire
time of any of the Marketing Representatives employees to the Athlete’s affairs.
Nothing herein shall be construed as limiting the Marketing Representatives’ right
to represent other persons who participate in the same sport, a different sport,
another area of entertainment, art, or sport, or whose talents, skills, or profession
may be similar to the Athletes.
2.4 The Marketing Representatives responsibilities shall be to represent, assist,
advise, and counsel the Athlete with any and all agreements provided by the
Athlete or a third party person, firm, or company for services rendered in off-field
activity, including, but not limited to, endorsement contracts, licensing
agreements, commercials, speeches, signings, paid appearances, non-paid
appearances, trading cards and collectibles offers, or other similar activities using
the name, likeness, or voice of the Athlete. Furthermore, the Marketing
Representatives shall use their best efforts to locate the aforesaid opportunities
and secure them on behalf of the Athlete. However, the Marketing
Representatives make no representations or guarantees regarding opportunities for
the Athlete.
2.5 The Parties shall be bound and agree that this Agreement applies throughout the
entire Territory.
2.6 The Marketing Representatives hereby agree that the information the Marketing
Representatives gain while representing the Athlete is to be kept strictly
confidential.
2.7 It is expressly recognized and agreed upon that this Agreement is personal by and
between the Parties hereto, and neither Party may assign the Parties’ rights
hereunder without the express prior written consent of the other Party.
3. PARTIES TO THIS AGREEMENT GOVERNED BY FLORIDA LAW
3.1 The Parties agree that their relationship under this Agreement, particularly their
respective rights and duties to each other, shall be governed by general contract
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law as is mandated by the State of Florida as between the Marketing
Representatives and the Athlete.
3.2 If any of the provisions are held to be invalid under the laws of the jurisdiction in
which enforcement is sought, such invalidity does not invalidate the entire
agreement, but rather, the agreement shall be construed as if it had never
contained the invalidated portion or portions.
4. COMPENSATION
4.1 The Marketing Representatives will receive a fee of TWENTY PERCENT (20%)
(the “Fee”) of the Gross Compensation due to the Athlete at any time from any
party in the Territory, pursuant to any agreement, arrangement, or association for
activities or opportunities, including, but not limited to those listed in section 2.4
of this agreement, that are procured by the Marketing Representatives or any one
on the Marketing Representative’s behalf.
4.2 The Fee shall be due to the Marketing Representatives no later than fifteen (15)
days after the receipt of each amount of compensation for relevant services
including but not limited to Section 2.4 of this agreement.
4.3 Only the Athlete may remunerate the Marketing Representatives for the work he
has accomplished
4.4 In the event that this Agreement is terminated, the Marketing Representatives will
be entitled to the Fee for any agreement, arrangement, or association that was
procured by the Marketing Representatives before the Agreement was terminated,
even if the agreement, arrangement, or association was finalized after this
Agreement was terminated
4.5 In the event of the death or incapacity of The Marketing Representatives, their
heirs, devisees, successors, or estate shall be entitled to the Fee for any agreement,
arrangement, or association that is procured by the marketing representatives.
The Marketing Representatives’ Initials
The Athlete’s Initials
5. EXPENSES
5.1 The Athlete shall reimburse the Marketing Representatives for all reasonable and
necessary travel expenses actually incurred by the Marketing Representatives
during the term hereof in the negotiation of any contract for athlete, but only if
such expenses and the approximate amounts thereof in excess of $200. Are
approved in advance by the Athlete.
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5.2 The Athlete shall reimburse the Marketing Representatives for any reasonable and
necessary communication expense (telephone and/or postage) actually incurred by
the Marketing Representatives on the Athletes behalf.
5.3 The Athlete shall pay such expenses within fifteen (15) days of receipt of an
itemized, written statement therefore from the Marketing Representatives.
6. TERM
6.1 This Agreement shall begin on the day it is signed by the Parties and shall expire
at the latest, two (2) years from the date that this Agreement begins, unless it is
terminated earlier for breach of this agreement, or by mutual consent of the
Athlete and the Marketing Representatives.
6.2 On the date of expiration and on each anniversary of such date, this agreement
shall automatically renew for an additional one-year period upon the same terms
and conditions as those contained herein unless terminated in writing by either
party. If the Marketing Representative negotiates a contract or series of contracts
signed by the Principal, then this agreement will continue for a period covering
the term of such contracts.
7. EFFECT OF A BREACH
7.1 Upon the occurrence of a breach under this Agreement, and in addition to any
other rights and remedies that Marketing Representatives may have, the
Marketing Representatives shall have the right, at their sole and exclusive option,
to declare any unpaid amount of the Fee immediately due and payable.
8. GOVERNING LAW
8.1 This Agreement will be governed by and construed in accordance with the laws of
the State of Florida, without giving effect to its conflict of laws provisions or your
actual state or country of residence. Any claims, legal proceeding or litigation that
may arise or result clause in connection with the Agreement will be brought
solely in Boca Raton, Florida, and you consent to the jurisdiction of such courts.
8.2 The parts of this section relating to litigation are not to be considered in any way a
contradiction of the arbitration clause in Section 9 of This Agreement and are
meant to supplement the Arbitration clause and applies in any instance that would
be deemed to fall outside of the scope of the arbitration clause.
9. ARBITRATION
9.1 Any and all disputes between the Athlete and the Marketing Representative
involving the meaning, interpretation, application, or enforcement of this
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agreement, or the obligations of the parties under this agreement shall be resolved
exclusively through arbitration.
9.2 The parties shall submit all disputes arising out of or relating to this agreement to
binding arbitration before the American Arbitration Association, and under the
rules of that Association. The costs of the arbitration shall be paid as the
arbitrators may direct. The award shall be rendered in such form that a judgment
may be entered on the award.
The Marketing Representatives’ Initials
The Athlete’s Initials
10. NOTICES
10.1 All notices hereunder shall be effective upon the delivery of written notice to such
effect, either personally delivered or sent by certified mail, postage prepaid, return
receipt request, as follows:
If to the Marketing Representatives:
If to the Athlete:
11. ENTIRE AGREEMENT
11.1 This agreement contains the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this agreement
shall not bind either party except to the extent incorporated by this agreement. No
modification or amendment of any of the terms, conditions or provisions may be
made other than by written agreement signed by the parties.
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EXAMINE THIS CONTRACT CAREFULLY BEFORE SIGNING IT
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IN WITNESS WHEREOF, the parties hereto have hereunder signed there
names.
The Marketing Representatives The Athlete
Person A
Person B Print Name
On LLC.
State of
County of
The foregoing instrument was acknowledged before me this day of
_________________, 20 by , who is personally
known to me or produced a as identification, and by
who is personally
known to me or produced a as identification, regarding
the attached instrument described as
and to whose signature(s) this notarization applies.
SEAL
notary public signature
notary public printed name