14. Gordon Prescott, VP and General Counsel. Upon its execution, this Agreement shall supersede all prior negotiations, understandings and agreements, whether oral or written, and such prior agreements shall thereupon be null and void and without further legal effect. 2. In consideration for the licenses granted hereunder, Endorsed Constructor agrees to pay to Endorser the royalty recited in Schedule A (the Royalty . Subordination Agreements means, collectively, any subordination agreements entered into by any Person from time to time in favor of Agent in connection with any Subordinated Debt, the terms of which are acceptable to the Agent, in each case as the same may be amended, restated or otherwise modified from time to time, and Subordination Agreement shall mean any one of them. The Parties understand that the contents of this Agreement are confidential, and that disclosure of same to any third party could be detrimental to the interests of one or both Parties. Indemnity Agreement means that certain Indemnity Agreement dated as of the Closing Date by Borrower and Indemnitor in favor of Lender. Anna Kournikova may have the richest deal of all, a six-year contract with Adidas worth $50 . Notwithstanding anything to the contrary contained in this Agreement, each Annual Budget shall include the payment of the Guaranteed Payments due under the Endorsement Agreement for the year subject to such Annual Budget, and CBDU shall make sufficient Capital Contributions in order to provide the Company with sufficient funds to pay such Guaranteed Payments. Posted in Endorsement Agreements, Sports Marketing. CONFIDENTIALITY. 9. The Parties acknowledge that this Agreement was negotiated between them and shall not be construed against either Party on the grounds of authorship. EXCLUSIVITY. construction of this Agreement, it is to be construed as though such paragraph headings had been omitted. a) TERMINATION FOR BREACH. If any provision(s)of this Agreement shall be determined to be void, ambiguous, or unenforceable, the same shall be stricken from this Agreement and in no way shall affect other provisions of, or the validity or enforceability of this Agreement. 6. (b) Berkshire will make four (4)equal cash payments to Auriemma in the amount of Ninety Thousand and 00/100 Dollars ($90,000.00) on June1, 2012, June1, 2013, June1, 2014, and June1, 2015. An endorsement is always public, meaning that potentially anyone can hear it. He has represented businesses in a wide array of fields IT consulting, software solutions, web design/ development, financial services, SaaS, data storage, and others. PILOT Agreement means the Agreement for Payments in Lieu of Ad Valorem Taxes entered into by and among the Board, the Company, the City and the County. Endorser may only spend the following maximum amount of hours on services provided to Brand per week: ________. This website also has a general purpose service agreement that can be used for someone providing different kinds of services. endorsement agreement for adams golf, ltd, tom watson. In exchange for use of the endorser's likeness to promote their product or service, the brand pays a fee to the endorser. 2. 4.6 - 12 votes, Start by clicking on "Fill out the template". Auriemma will participate in one (1)production session annually during the Services Period of not more than three (3)hours, not including travel time, to record a television advertising spot at a date and location to be mutually agreed upon; 4. When an advertiser enters into an overall endorsement agreement with a member of SAG or AFTRA, the advertiser needs to budget an amount sufficient to pay pension and health contributions to the trustees of the applicable guild's Pension and Health Plan, not just the amount it is going to pay the celebrity directly. All Service Agreements are subject to both federal and state laws that cover general contract principles governing how contracts are created and interpreted by courts. Auriemma will be available for two (2)appearances annually during the Services Period within the Contract Territory, the date and location to be mutually agreed upon, each not more than one (1)hour in duration, where Auriemma will meet, greet and pose for photos. Maine State Board of Nursing 161 Capitol St. 158 State House Station Augusta, Maine , 04333-0158 Get Directions Phone: (207) 287-1133 Fax: (207) 287-1149 The hours are 8 A.M. to 4:30 P.M. Insurance clauses are common in all contracts. Appears in less than [Agreed.Number] of events in a calendar year as previously agreed. In connection with this Agreement, the Endorser agrees to perform the following services: a. Endorser authorizes and grants to Brand the exclusive right, license, and interest to use this Endorsement in respect of the marketing, promotion, advertising, and sale of their product/service. The final agreement will, of course, depend largely on the particu-lar business context. Endorser and their employees, agents, and representatives, if any, will protect such information and treat it as strictly confidential. Thanks for submitting. The performance of such Partys obligations will be suspended during the period that the Force Majeur Event persists and such Party will be granted an extension of time for performance equal to the period of the delay. He was born in Fairhope, Alabama and after earning his undergraduate degree at Auburn University, he received a law degree from Thomas Goode Jones School of Law in 2010. Therefore, most endorsement agreements with a celebrity or a sports star have a so-called Morals Clause. Legal practitioners who are directors and employees of OpenLegal Pty Ltd are members of the scheme. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event. Whether or not such notice is given, the other Party shall have the right, to the fullest extent permitted under applicable law, following the occurrence of any Event of Insolvency and without prejudice to any other rights it may have, at any time thereafter to terminate this Agreement, effective immediately upon giving notice to the Bankrupt Party. An example of a joint check agreement from the construction industry would be where the prime or general . ENDORSEMENT AGREEMENT --------------------- This Agreement is entered into on January 13, 2005 between professional golfer, TOM WATSON, (hereinafter referred to as "CONSULTANT") and ADAMS GOLF, LTD. (hereinafter referred to as "ADAMS GOLF"). Endorsement agreements often cover things like exclusivity or whether another company can claim the endorsement, compensation of the endorser, and appearances and other expectations of the endorser. This Agreement may be modified or amended in writing, if the writing is signed by the Party obligated under the amendment. In addition to the considerations we addressed in part one of this piece, there are some other clauses an artist should be aware of and include in a . may now or hereafter have to the exercise of personal and subject matter jurisdiction in the Selected Jurisdiction and to the laying of venue of any such proceeding or action brought in the Selected Jurisdiction. 3. Thomass clients range from startups to large enterprises. Unless such election is made in writing, all cash payments shall be made by check, drawn to the order of Auriemma or its designated entity or entities and delivered to the address first stated above. 22. Auriemma will act as the spokesperson for Berkshire and its Affiliates. Any dispute or difference between the parties hereto arising out of or relating to this Agreement shall be settled by arbitration in accordance with the Commercial Rulesof the American Arbitration Association by a panel of three qualified arbitrators. Delivery The shares of Stock underlying your vested Restricted Stock Units will be issued as soon as practicable (and not more than sixty (60) days) following the earlier of (i) the date that your Restricted Stock Units vest pursuant to the vesting schedule set forth on the cover sheet, or (ii) the date of the termination of the Endorsement Agreement resulting in acceleration of vesting of all or a portion of your Restricted Stock Units. i) $ shall mean the lawful currency of the United States of America unless otherwise specified. The Auriemma. An endorsement agreement is a contract between a business and a public figure who is paid to endorse the business's brand. e) RIGHTS shall mean all of the endorsement rights, services and other rights and benefits granted to Berkshire in this Agreement. Subject to this Agreement, Berkshire agrees to follow Auriemmas reasonable instructions and guidelines regarding proper usage of the Auriemma Identification in all respects as may have been reasonably and timely provided to Berkshire by the Auriemma. An Endorsement Agreement is a contract that lets a company use someone's name, likeness, and reputation to promote a service or product.This Celebrity Endorsement Agreement clearly defines the terms of the endorsement, including how the endorser will use or advertise the endorsed product or service. Consent Agreement shall have the meaning set forth in Section 14.2. Any order or determination of the arbitral tribunal upon the parties to the arbitration and may be entered in any court having jurisdiction. this is a document preview . Such a figure may be a celebrity, athlete, social media influencer or business leader. Daniel's interest lies in economics and media/startup law. WITNESSETH ---------- WHEREAS, ADAMS GOLF desires to obtain the right to use the and have been separately . Brand will pay Endorser weekly in the amount of $________ (________). If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. In the age of social media, it is a common business strategy for businesses to engage artists to enter into an endorsement relationship. ________. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which will constitute together a single document. Experienced Attorney focused on transactional law, payments processing, banking and finance law, and working with fintech companies with a demonstrated history of driving successful negotiations in technology sourcing and transactions and strong understanding of government contracts and the procurement process, Seasoned negotiator, mediator, and attorney providing premier legal advice, services, and representation with backgrounds in education, healthcare, and the restaurant and manufacturing industries. Last Update: May 30, 2022. This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement. Just contact us at 1300 997 337 or fill in the contact form on this page. His practice focuses on representing people facing criminal charges and clients dealing with family law matters. Upon the breach of either of the above conditions, the non-defaulting party may terminate this Agreement as follows: (A)as to a default under clause (i)above, if payment is not made within ten (10)days after the defaulting party shall have received written notice of such failure to make payment; or (B)as to a default under clause (ii)above, if such default is not cured within thirty (30) days after the defaulting party shall have received written notice specifying in reasonable detail the nature of such default and such action the defaulting party must take in order to cure each such item of default. ENDORSEMENT AGREEMENT THIS ENDORSEMENT AGREEMENT ("Agreement") is effective as of this 1st day of December 2003, by and between GREG NORMAN, of 501 North A1A, Jupiter, FL 33477 ("Norman") AND RITZ INTERACTIVE, a Delaware Corporation with offices at 2010 Main Street, Suite 400, Irvine, California 92614 ("RII"). You can also download it, export it or print it out. 552 8582282822 22 522 22 282525 25522'8 25222522 22 522 8282, 8282552, 2222558 5888222222 225 252 8222282 22 852582258, 52288852822 25 8582 225 25 82 522 85258225 25 228252222258 522282. 8. This document covers all of the important information necessary for an endorser or company that provides promotional services to enter into a business relationship with a brand who needs promotion of their product or service, including the following details: The brand and the endorser can discuss the terms of the Agreement and create and sign the final Agreement prior to when the work actually begins. An endorsement agreement is a contract between two parties that allows a business to use the other party's image, likeness, name, and reputation to market a product or service. Can a company keep an independent contractor's equipment and supplies after mutually severing ties? In the event of any arbitration or litigation, including breach, enforcement or interpretation, arising out of this Agreement, the prevailing party. An endorsement can be a legal term that refers to the signing of a document that allows . The Endorsement Agreement's Purpose: The primary goal of an Endorsement Agreement is to promote a product or service by enlisting the help of well-known people in the industry or in other. Clearly spell out when exactly the endorsement is to be due or handed in. <p>Celebrity influencer agreements are a special breed of product endorsement contracts. b) SERVICES PERIOD means that period of time commencing upon the full execution of this Agreement by both Parties and terminating on May31, 2014 unless sooner terminated under this Agreement. ________. 2. This provision shall continue to be effective after the termination of this Agreement. It is agreed that the terms of an Endorsement shall supersede any conflicting provisions in this Policy Document, Rider or Schedule. Security Exchange Commission - Edgar Database, EX-10.16 2 a12-14588_3ex10d16.htm EX-10.16, ViewedOctober 18, 2021, https://www.sec.gov/Archives/edgar/data/1108134/000110465912056446/a12-14588_3ex10d16.htm. An endorsement contract is one that grants the sponsor the right to use (i.e., license) the athlete's name, image, or likeness in connection with advertising the sponsor's products or services. Alongside his privacy practice he brings a decade of public and private transactional experience, including formations, financings, M&A, corporate governance, securities, intellectual property licensing, manufacturing, regulatory compliance, international distribution, China contracts, and software-as-a-service agreements. The individual is usually someone well-known, at least in a particular field. If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance, shall to any extent be held to be invalid, illegal, or unenforceable in any respect, the remainder of this Agreement, or application of such term or provision to a person or circumstance other than to those as to which it is held invalid, illegal, or unenforceable, shall not be affected thereby, and each term, covenant, condition or provision of this Agreement shall be valid and shall be enforced to the fullest extent provided by law. Express your gratitude to the reader for considering the endorsement. Though the business must obtain permission to use the endorsers image, the endorser must agree to certain conditions. The endorsement by Auriemma of Berkshire is of commercial value. In exchange for the personal recommendation of the company's product, the personal endorser gets a fee. An Endorsement Agreement is a document used by two parties where an individual or a company that provides promotional services agrees to endorse a product or service for a brand. The Athlete Endorsement Game. ENDORSEMENT AND GRANT OF RIGHTS. 8. John Daniel "J.D." b) TERMINATION DUE TO INSOLVENCY. The termination rights set forth herein shall not constitute the exclusive remedy of the non-defaulting party. a) Auriemma represents and warrants to Berkshire that: (i) Auriemma has full authority to enter into and perform under this Agreement subject only to approval by the University of Connecticut department of athletics and consulting office; (ii) by entering into and performing under this Agreement, Auriemma is not, and shall not be in conflict with any prior obligations to third parties; (iii)that Auriemma will not assign or transfer any of the License Rights described in Paragraph 2. b) Berkshire represents and warrants to Auriemma that: (i) it has full authority to enter into and perform under this Agreement; (ii) by entering into and performing under this Agreement, it is not, and shall not be in conflict with any prior obligations to third parties. Term. Do you need help with an endorsement agreement? In addition, if necessary Auriemma shall be provided with superior hotel suite accommodations and reimbursed for all reasonable dining expenses incurred while traveling to and attending any appearances or events. Complete our 4-step process to provide info on what you need done. By David Garrick. Arbitration proceedings hereunder may be initiated by either BERKSHIRE or Auriemma making a written request to the American Arbitration Association, together with any appropriate filing fee, at the office of the American Arbitration Association in the county in which proceedings are to be held pursuant to the terms of the following sentence. If during the Contract Period Berkshire desires to make reference to University of Connecticut, UConn, or to use of the University of Connecticut logos or trademarks, or to refer to Auriemmas position as head womens basketball coach for the University of Connecticut, Auriemma agrees to use reasonable efforts to obtain the necessary consents from the State of Connecticut and the University of Connecticut in order to permit Berkshire to do so, it being understood by Berkshire that Auriemma makes no representation or warrantees that he will be able to obtain such consents and that the time required to obtain such consents is wholly outside of the control of Auriemma. Licensure by endorsement means the issuance of an Iowa license to practice as a barber to an applicant who is or has been licensed in another state. If either BERKSHIRE or Auriemma fails to choose an arbitrator within 30 days after notice of commencement of arbitration or if the two arbitrators fail to choose a third arbitrator within thirty (30) days after their appointment, the American Arbitration Association shall, upon the request of any party to the dispute or difference, appoint the arbitrator or arbitrators to constitute or complete the panel as the case may be. Targeted sponsorships typically last for several years. Auriemma will participate in one (1)recording session annually during the Services Period of not more than two (2)hours, not including travel time, to record a radio advertising spot at a date and location to be mutually agreed upon; 3. Celebrity endorsement agreements are legally binding contracts that give a company the rights to use a person's likeness, name, and reputation in order to promote their products or services. It is important to note that this is generally the main source of income for the endorser subject to these agreements. Nike also has endorsement agreements with Mia Hamm, Lindsay Davenport, Lisa Leslie and Marion Jones. An example of this is a policy provision continuing a . Companies will use agreements like these to ensure that whether the endorser is an individual or another company, they will follow all the terms agreed to; otherwise, they are held liable for action against them. 11. 7. 25. Endorser represents that he or she is in good health and does not plan to retire during the Term of this Agreement Endorser agrees to conduct themselves in a professional and legal manner at all times during the term of this contract including but not limited to events, advertising opportunities, and person ventures. The person endorsing the product cant expect it to be a private statement to be an endorsement. Endorser and any of Endorser's employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Endorser, or divulge, disclose, or communicate in any manner any information that is proprietary to Brand. 23. This Practice Note discusses celebrity endorsement agreements. Endorsement agreements, while unique, are quite common in the business world. Technical and scientific agreement, policy level endorsement, effective regional collaboration supported by international organizations, and wide stakeholder participation are essential for successful implementation of regional and international criteria and indicators processes Berkshire may not assign this Agreement, in whole or in part, without Auriemmas written consent. Brand will have the right to select counsel to defend Endorser against any and all such claims, demands, or cause of action, subject only to Endorser's reasonable right of approval of any counsel before Brand will incur any liability to indemnify and reimburse Endorser for fees payable to such counsel. Bexar Texas Endorsement Agreement between Athlete and Athletic Equipment Manufacturer. I am an experienced technology contracts counsel that has worked with companies that are one-person startups, publicly-traded international corporations, and every size in between. 52 55582822 22 522 525 588 22525 582528 5 25522 252 5582 585885882 588255822 22 858, 82 5 25522 52255828 82 2588822 22 8588252285882 2252252 522 252888822, 2252, 25 822582822 22 2588 825222222 (828855822 8825252 8828252822 252 2588552 22 2522 5 22222552 2522222 8522 552), 252 22525 25522 252 225282522 252 825222222 82 252885822 8582222 222882 22 252 5225582822 25522. (c) Berkshire shall give Auriemma as much advanced notice as possible for any requested appearances, but in no event shall Berkshire give Auriemma less than fifteen (15) days notice of the time and place Berkshire desires Auriemma to appear. At the end, you receive it in Word and PDF formats. https://www.sec.gov/Archives/edgar/data/1108134/000110465912056446/a12-14588_3ex10d16.htm, Fort Lauderdale Endorsement Agreement Lawyers, Los Angeles Endorsement Agreement Lawyers, Oklahoma City Endorsement Agreement Lawyers, Philadelphia Endorsement Agreement Lawyers, Salt Lake City Endorsement Agreement Lawyers, San Antonio Endorsement Agreement Lawyers, San Francisco Endorsement Agreement Lawyers. In the case of reorganization, merger, consolidation, or sale of all or substantially all of its assets, any attempt to assign this Agreement other than as permitted above will be null and void. 3. Words enclosed by square brackets indicate that these must be amended or added to. 1. IP Mall | The Oldest and Most Critically Acclaimed Open Access . Auriemma will participate in one (1)photo session annually during the Services Period of not more than two (2)hours, not including travel time, at a date and location to be mutually agreed upon; 5. These Endorsement Agreements are actual legal documents drafted by top law firms for their clients. "Endorsement" is used to express a public agreement/acceptance, the formal and official support for a person or an idea. By submitting this form, you agree for OpenLegal to send you emails - you can unsubscribe at any time. A joint check agreement is a contractual agreement whereby one party agrees to (or gives permission to) make payment in the form of joint checks. Read more at Skandslegal.com Business Contract Lawyers: How Can They Help. This paragraph shall survive termination of this Agreement. thereof. Celebrity influencer agreements are a special breed of product endorsement contracts. Investment Agreements or Flow-Through Agreements means written agreements pursuant to which the Partnership will subscribe for Flow-Through Shares (including Flow-Through Shares issued as part of a unit) or agreements by the Partnership to otherwise invest in or purchase securities of a Resource Issuer, and in respect of Flow-Through Shares comprised of units, the Resource Issuer will covenant and agree: Insurance Agreement means the Insurance and Indemnity Agreement (as may be amended, modified or supplemented from time to time), dated as of September 29, 2004, by and among the Insurer, Countrywide Home Loans, Inc., as Sponsor and Master Servicer, the Depositor, the Issuer and JPMorgan Chase Bank, as Indenture Trustee. One grants the license of using their product for promotions while the other party is granted to use the product or service for the same purpose. Most often, the endorser is a celebrity, expert, or otherwise well-known in a particular field relevant to the product or service they are endorsing. Please review our Privacy Statement and Terms of Use for additional information. PROTECTION OF THE AURIEMMA IDENTIFICATION. 01. All notices required hereunder shall be sent by overnight mail or first class mail, or by confirmed electronic mail to the parties at the following addresses, or such other addresses as the parties may designate in writing to each other from time to time: If to Auriemma: Geno Auriemma, With a copy to: Kahan, Kerensky& Capossela, LLP, If to Berkshire: Berkshire Bank, With a copy to: Berkshire Bank, Attn: Wm. Lastly, a termination clause provides both parties with a right to terminate the agreement on certain conditions. Any endorsement is simply based upon the adherence of the candidate to the principles set down by the party; Endorsement automatically becomes relinquished when it is found that the contents of this agreement, the platform, goals or principles of the party are not the aim of the recipient, nor actively pursued in private or public activity or . Receive flat-fee bids from lawyers in our marketplace to compare. Below is a list of common sections included in Endorsement Agreements. This can be used for products advertised and sold domestically or globally, and includes an English governing law and jurisdiction clause. b. Securely pay to start working with the lawyer you select. If you are entering into an endorsement agreement, it is important to understand the rights and requirements of the endorser. Daniel is a legal intern at OpenLegal, placed in our legal content team. Endorsement Agreement - Free download as PDF File (.pdf), Text File (.txt) or read online for free. ________. 10. On October 4, 2016, the Company entered into a Licensing and Endorsement Agreement with Swear Net Inc. ONeal also received a grant of 87,136 restricted stock units (RSUs) pursuant to his March 15, 2019 Endorsement Agreement as set forth in the Transactions with Related Persons section of this Proxy Statement. Often, individuals enter into business relationships without having all of the details of the parties' relationship with each other written down. confidential portions of this . On September 3, 2021, the Company and Tee-2-Green entered into an Addendum to Endorsement Agreement (the Addendum), pursuant to which the original contract term has been extended by two years and now terminates at midnight on November 25, 2025. Allows the company to use the endorsers name with their formation, contract, and. 2522 5 52858525 2522222 8522 552 get in touch below and we will Schedule a ( royalty! 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