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NFL PUNT PASS & KICK LOCAL HOSTS TERMS AND CONDITIONS

2014 NFL PUNT PASS & KICK LOCAL HOSTS TERMS AND CONDITIONS

In consideration for your right to act as a Local Host for the NFL Punt Pass & Kick (“PP&K”) local competition (“Local Competition”), by checking the box below, you, the Local Host, agree, warrant and covenant that the terms and conditions of this form will constitute an agreement (the “Agreement’) between you and USA Football, Inc. (“USAF”) with respect to the registering and staging of a PP&K Local Competition. You represent and warrant that you have been duly authorized to act as agent on behalf of such parties (if any) in performing this event registration. By proceeding with this event registration, you agree that the terms of this Agreement shall apply equally to you and to any third parties for whom you are acting as agent.

  1. Term. This Agreement is effective as of the date of signature (the “Effective Date”) and shall terminate October 1, 2014.

  2. Local Host’s Obligations. The Local Host shall satisfy the following requirements:

    2.1. Duties. You agree to organize and stage a community-based PP&K Local Competition for boys and girls ages 8-15 in accordance with the guidelines established in the PP&K Playbook that will be provided to you in the Kit (as defined below). Among other things, you agree to the following:

    1. a)  To stage the Local Competition with four separate age divisions (6-7, 8-9, 10-11, 12-13 and 14-15) for both boys and girls (ten total divisions);

    2. b)  To stage the Local Competition at no cost to any individual participant;

    3. c)  To provide the program expertise and management to the Local Competition;

    4. d)  To conduct the Local Competition between May and September with the last event being held no later than the last weekend in September;

    5. e)  To submit information of winners of the Local Competition as soon as you have completed your Local Competition, but in any event, no later than September 30 of each year to the State Host in order to ensure that your Local Competition winner is able to participate in the Sectionals; and

    6. f)  To secure a park or playground in your area at which to host the Local Competition.

    2.2. Promotion/Organization/Staging. Except as otherwise noted above, you are responsible for all aspects of promoting, organizing, and staging the Local Competition and all costs associated with these activities in accordance with PP&K Playbook guidelines. You agree to send USAF all names, addresses, and other demographic information of participants in the Local Competition collected by you at the following address:

    USA Football PPK Coordinator
    45 N. Pennsylvania Street; Suite 700 Indianapolis, IN 46204 

    ewhite@usafootball.com

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2.3. Insurance. You agree to obtain and/or maintain a general commercial liability insurance policy with coverage of no less than $1,000,000 per occurrence for personal injury and property damage and to name the Indemnified Parties (defined in Section 4 below) as additional insured.

3. USAF’s Obligations. USAF shall provide you with a kit containing the following items (collectively the “Kit”): one age verification chart; one PP&K logo junior football; one PP&K logo football; one 9 x 12 return envelope self-addressed; one hundred PP&K certificates; five PP&K flyer to promote Local Competitions; one playbook for PP&K; one kicking tee for PP&K (left tee); one kicking tee for PP&K (right tee); eight blue first place ribbon (25/pack); eight red second place ribbon (25/pack); and eight white third place ribbon (25/pack).

  1. * Please note that USAF reserves the right to modify the items in the Kit at USAF’s sole discretion.

    4. Indemnification. Neither USAF, National Football League Properties (“NFLP”), NFL Ventures LP, the National Football League and its member professional football clubs (“Member Clubs”), nor their respective affiliates and each of their respective officers, directors, shareholders, employees, sponsors or agents (collectively the “Indemnified Parties”) will be liable for any injury of any kind, sustained by any Local Competition participant, spectator, or any other individual by reason of the negligence of you, your organization or any other third party. It is further understood that you will indemnify and hold harmless the Indemnified Parties from and against any and all liability, damage, loss, cost, or expense (including, without limitation, attorneys’ fees and disbursements, and any damages or charges imposed for the violation of any law or ordinance) arising out of or in connection with the participation of you, your organization or its employees, servants, or agents in the Local Competitions, or any breach of these terms and conditions by you.

    5. Intellectual Property Rights. This agreement grants no rights to you or your organization to make any uses of the trademarks of the NFL and its Member Clubs (the “NFL Marks”) and the marks of USAF including, but not limited to, the PP&K name and logo, the terms “National Football League”, “NFL”, “USA Football”, the names, logos, symbols, helmet designs, uniform designs, except as specifically contemplated by this agreement or any use of USAF’s or NFLP’s sponsors, trademarks and logos. Any intellectual property produced by your organization in connection with the Local Competition will be considered a “work made for hire” for USAF, specifically ordered or commissioned by USAF, with USAF being deemed the sole author of all such results and proceeds. Any items produced by your or your organization in conjunction with or relating to the Local Competition must be pre-approved in writing by USAF prior to being distributed. To the extent that title to any such work may not by operation of law vest in USAF or such work is not considered a “work made for hire,” all rights, title, and interest will be deemed irrevocably assigned to USAF. As between you and NFLP, all rights in and to the trademarks, copyrights, and other intellectual property rights of the NFL and its Member Clubs will be the sole and exclusive property of NFLP. You may seek funding from individuals or corporations, provided that such funding is approved in advance in writing by USAF. You may not allow any other organization to use any NFL Marks for any purpose whatsoever, without the prior written approval of USAF.

    6. Security and Background Checks. You agree that USAF or State Chairpersons may conduct security and background checks on you and/or your organization as a condition of your participation as a local host, and as such, you agree to allow for the release of employment records, civil litigation records, and criminal conviction records upon request of USAF or its authorized designees. This release is executed with full knowledge and understanding that the information is for the official use of USAF and its designees only. The information is for the purpose of evaluating your role as a volunteer Local Competition Host for the NFL Punt Pass & Kick competition to be conducted by you. You hereby release USAF, as custodian of such records, and the NFL Parties both individually

and collectively, from any and all liability for damages of whatever kind, which may at any time result to you, your heirs, family, or associates because of compliance with this request to release information, or any attempt to comply with it.

7. Limitation of Liability. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ITS ACCESS TO AND USE OF OUR SERVICES, AND/OR (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ITS USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

8. Miscellaneous.

  1. 8.1.  Termination. Either party will have the right to terminate this Agreement upon written notice to the other if the other fails to perform any of its material obligations under this Agreement and fails to cure such failure within thirty (30) days of receipt of the aforementioned written notice.

  2. 8.2.  Jurisdiction. This Agreement shall be governed by the laws of the State of Indiana, without regard to conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Marion County, Indiana.

  3. 8.3.  Entire Agreement. These terms and conditions constitute the entire agreement and understanding between you and USAF with respect to their subject matter and cancel, terminate, and supersede any prior or contemporaneous agreement or understanding, whether oral or written, on this subject between the parties.

  4. 8.4.  Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

  5. 8.5.  Relationship. Nothing herein will be construed as creating a partnership, a joint venture, employment or an agency relationship between USAF or the NFLP and you. No party will have the power to obligate or bind the other in any manner whatsoever. USAF and the NFLP in no way endorse or certify you or any organization that you may represent. You understand that you have no authority to represent yourself as an employee or agent of USAF or the NFL Parties, or any of them. You will not represent to any person that you possess such authority, or by your acts or statements, cause any person to believe that you possess such authority.

  6. 8.6.  Assignment. You may not assign, sublicense, transfer, or otherwise encumber any of your rights under this Agreement to any of your affiliates or any third party without USAF’s prior written consent.

  7. 8.7.  Notification. The parties to this Agreement will send all notices and statements required under this Agreement to the respective addresses of the parties set forth above unless notification of a

change of address is given in writing. Your organization will direct all notices to a USAF PPK Coordinator with a copy to the General Counsel. All notices required under this agreement must be in writing, may be sent by registered or certified mail, or a private overnight delivery service generally accepted in the industry that provides evidence of delivery and will be deemed to have been given three (3) days after it is sent.

8.8. Waivers. Neither party to this Agreement can waive or modify any provision of this Agreement unless such waiver or modification is in writing signed by both parties. Either party’s prior forbearance of any requirement of this Agreement will not prevent it from subsequently requiring full and complete compliance with such requirement or from exercising its rights under this Agreement.