THIS ENDORSEMENT AGREEMENT (the “Agreement” or the “Terms”) is made effective at the viewing of this page between Fly Discs (“FlyDiscs”), 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.
FlyDiscs engages Athlete and Athlete hereby accepts the engagement to provide for endorsement of the MyStyle brand: FlyDiscs.com 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.
During the Term and subject to the limitations set forth in Paragraphs 9 and 10, FlyDiscs shall have the unrestricted right to use the name, image, likeness, characterization, visual and audio representation of Athlete (“Athlete Attributes”) in connection with the MyStyle brand: Flydiscs.com 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 FlyDiscs for marketing use. Athlete waives all rights to receive any compensation for such use in any and all FlyDiscs promotional and/or marketing efforts, outside of Section 4.
4. Duties of Athlete and Rights of FlyDiscs.
During the Term and subject to the limitations set forth in Paragraphs 9 and 10, Athlete agrees to provide FlyDiscs with the following:
A. Active Instagram account
a. Tags: #flydiscs @flydiscs
As consideration for Athlete’s services under this Agreement, FlyDiscs agrees as follows:
A. Disc golf discs, Ultimate Frisbee discs, stickers, gear and apparel as we see fit, based on level of
participation and content produced.
If applicable, FlyDiscs agrees to pay or reimburse approved expenses related to Athlete’s services provided in Paragraph 4. All expenses must be approved in advance.
A. FlyDiscs shall have the right to terminate this Agreement upon ten (10) days after written notice to Athlete in the event Athlete fails to perform the duties set forth in Paragraph 4. Such termination shall relieve FlyDiscs 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 FlyDiscs
in the event of the occurrence of any of the following: (1) FlyDiscs adjudicates as insolvent or declares bankruptcy; or (2) FlyDiscs fails to provide consideration due pursuant to this Agreement.
8. Representations and Warranties of FlyDiscs.
Athlete agrees to follow brand guidelines and never post anything racist, criminal, pornographic, or drug related.
Athlete agrees to release and discharge FlyDiscs, its parent, subsidiaries, insurers, successors-in- interest, members, affiliates, employees, agents and representatives (collectively, FlyDiscs) 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 FlyDiscs 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 FlyDiscs, arising from Athlete’s participation in voluntary activities with FlyDiscs or with FlyDiscs products. Athlete agrees not to sue FlyDiscs 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 FlyDiscs.
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.
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 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!