STATE OF NORTH CAROLINA, COUNTY OF BUNCOMBE
CUBA SPORTS TRAVEL AGENCY, INC
STANDARD PLAYER AGREEMENT
This agreement (Agreement) is made on and is effective as of the date set forth on the final page of this Agreement, by and between CUBA SPORTS TRAVEL AGENCY, INC (League, a North Carolina Corporation , and the Player whose name appears on the final page of this Agreement under the heading The Player (Player).
It is agreed as follows:
The Term of this Agreement shall commence on the Effective Date set forth on the final page of this Agreement and shall conclude on July 2, 2017.
2. RELEASE AND WAIVER OF ALL CLAIMS.
Player understands and acknowledges that dangers of personal injury are inherent in participating in Leagues or Tournaments hosted by CUBA SPORTS TRAVEL AGENCY, INC. The risk of injury from participation in Leagues or Tournaments hosted by CUBA SPORTS TRAVEL AGENCY, INC, is significant, including the potential for serious injury, permanent disability, paralysis, or death.
The Player, being of lawful age, for and in consideration of his participation in Leagues or Tournaments hosted by CUBA SPORTS TRAVEL AGENCY, INC, hereby and for his heirs, executors, administrators, successors, and assigns, forever releases, acquits, and discharges CUBA SPORTS TRAVEL AGENCY, INC, and its agents, servants, successors, heirs, executors, administrators, and all other persons, corporations, firms, associations or partnerships (collectively, the €œReleased Parties€) of and from any and all claims, liabilities, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever (€œClaims€) which he may now have or which may hereafter accrue on account of or in any way growing out of all known and unknown, foreseen and unforeseen injuries or damages arising out of the fulfillment of his participation in Leagues or Tournaments hosted by CUBA SPORTS TRAVEL AGENCY, INC, whether in a game, scrimmage, practice, promotion, appearance, or demonstration, or anything related thereto (€œActivities€). The Player expressly waives any Claims pertaining to ordinary negligence on the part of the Released Parties. The Player further releases and discharges the Released Parties of all Claims and expressly and voluntarily assumes the risk of death or personal injury sustained while participating in such Activities, including the risk of injury from competition, fights, actions by fans and the media, conditions of the playing surface (including any attachments thereto), and all hidden, latent or obvious defects in any of the facilities or equipment used. The Player acknowledges the possibility that he or his successors may not fully know the number or magnitude of all the Claims, but nevertheless intends to assume the risk by releasing such unknown claims and agrees that this release is a full and final release of all claims.
The Player further understands that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of North Carolina and, further, is intended to be recognized in all jurisdictions in which Player participates in CUBA SPORTS TRAVEL AGENCY, INC€™s Activities. Player agrees that if any portion of this provision is held invalid, the remainder of the Waiver will continue in full legal force and effect.
The Player agrees that this provision survives any expiration or termination of the Term of this Agreement (and without regard to the circumstances in which this Agreement expires or is terminated). The Player acknowledges that this release is intended to be binding on the Player€™s heirs, assigns, next of kin, and representatives.
3. FEES AND REFUND POLICY.
Player understands that in Leagues or Tournaments hosted by CUBA SPORTS TRAVEL AGENCY, INC is pay-for-play amateur league with strict refund policies. Player fees are applied towards the cost of housing; uniforms (i.e. dry-fit jersey, hat, belts and socks); baseball equipment (i.e. baseballs, wooden bats, batting helmets) and transportation to and from the Airport. The following fees shall apply and are due from each Player as follows:
- $288.00 DUE AT REGISTRATION (NON-REFUNDABLE FOR ANY REASON)
- $1106.00 DUE DECEMBER 1, 2016
- $1106.00 DUE FEBRUARY 1, 2017
- $TBD DUE MARCH 15, 2017
Failure to make payments as outlined above will prohibit Player from participating in the League. Player€™s $288.00 registration fee is non-refundable.
Player understands and agrees that refunds are issued within the League€™s sole discretion and that said decisions are final. Refund requests submitted prior to April 1, 2017 will be considered. Player understands that refund requests take 90 days to process.
Player will be entitled to a refund in the amount of not more than $1288.00.
NO REFUNDS FOR ANY REASON SHALL BE GIVEN AFTER APRIL 1, 2017.
The parties may terminate this Agreement at any time without notice for any reason whatsoever. The Release and Waiver of All Claims outlined in paragraph 2 survive any termination of this Agreement. Refunds will only be issued to Player pursuant to paragraph 3.
(a) CUBA SPORTS TRAVEL AGENCY, INC will provide housing contingent on Player remaining in good standing with the League. Housing assignments will be provided in May during the Term of this Agreement.
(b) Each Player will be assigned her own bed in a Hotel Room or in a host families house (casa particular).
(c) Player consents to weekly inspections by CUBA SPORTS TRAVEL AGENCY, INC and/or its agents to examine his unit for cleanliness and repairs. Prior to each inspection, pick up any personal items off the floor of room and bathrooms. Player€™s failure to maintain his unit in accordance with these requirements will result in a failure to pass inspection. Player€™s first failure to pass inspection will result in a warning, whereby Player will be allowed an additional 24 hours to pass inspection. Player€™s second failure to pass inspection will result in a cleaning fee of one hundred fifty dollars ($150.00). Player€™s third failure to pass inspection will result in immediate eviction and immediate termination of any rights to housing provided by the League.
(d) CUBA SPORTS TRAVEL AGENCY, INC retains the right to assign Players to any Hotel room or host family house of the League€™s choosing at any time, for any reason.
(e) Player agrees that the League may remove Player from any housing unit for any reason not inconsistent with state or federal law with 24 hours notice.
(f) CUBA SPORTS TRAVEL AGENCY, INC agrees to provide bed linens, pillows and towels.
(g) Player will be responsible for his/her own extra groceries, and cleaning supplies.
(h) At the conclusion of the Term, CUBA SPORTS TRAVEL AGENCY, INC will accept any leftover or unused
cleaning supplies, laundry detergent, and other household cleaning and beauty supplies for donation to a charity.
(h) Player agrees that repairs to any damage to the housing unit he occupied
during the Term of this Agreement will be the sole financial responsibility of the Player. Players are jointly and severally liable for any damage to their respective housing units as described herein.
6. UNIFORMS AND EQUIPMENT.
CUBA SPORTS TRAVEL AGENCY, INC agrees to provide Player with the following uniform: dry-fit jersey, Hat, belt, and socks. CUBA SPORTS TRAVEL AGENCY, INC agrees to provide Player with the following equipment: baseballs, wooden bats, and batting helmets. Player is responsible for providing any uniform or equipment gear not enumerated above.
7. DISCIPLINARY POLICY.
CUBA SPORTS TRAVEL AGENCY, INC reserves the right to suspend, dismiss, and/or terminate a Player from the League within its sole discretion for any reason whatsoever. CUBA SPORTS TRAVEL AGENCY, INC also reserves the right to evict Player from League-provided housing and/or re-assign Player to a different housing unit is CUBA SPORTS TRAVEL AGENCY, INC€™s sole discretion. CUBA SPORTS TRAVEL AGENCY, INC decisions are final. Player may not appeal decision. Refunds will only be given pursuant to paragraph 3 of this Agreement.
The following policies will apply:
Arrest for Criminal Charge: In the event Player is arrested for any misdemeanor
or felony criminal charge, this Agreement will be terminated immediately and Player will be removed from the League and League-provided housing.
(b) If misdemeanor or felony charges are voluntarily dismissed, CUBA SPORTS TRAVEL AGENCY, INC will
consider Player€™s request for reinstatement to the League or Tournament. CUBA SPORTS TRAVEL AGENCY, INC reserves the right to determine whether to reinstate Player within its sole discretion.
Use of Drugs or Alcohol: CUBA SPORTS TRAVEL AGENCY, INC reserves the right to terminate this
Agreement and remove Player from the League and League-provided housing if CUBA SPORTS TRAVEL AGENCY, INC determines that Player uses drugs or controlled substances without a prescription or alcohol during the Term of this Agreement.
(d)Player is hereby on notice that fighting; causing damage to housing property;
ejection from any game or practice; use of derogatory or defamatory language, including statements broadcast on social media, in reference to teammates, opponents, coaches, fans, or CUBA SPORTS TRAVEL AGENCY, INC; or failure to follow team rules implemented by the team coach may result in disciplinary action, including but not limited to suspension or removal from the League and CUBA SPORTS TRAVEL AGENCY, INC provided housing.
8. RAIN-OUT POLICY.
Player and CUBA SPORTS TRAVEL AGENCY, INC agree that the impact of inclement weather on League€™s game schedule cannot be predicted or controlled. Player understands and agrees that no refunds will be given based on game or practice cancellations.
USE OF PLAYER LIKENESS.
The Player grants CUBA SPORTS TRAVEL AGENCY, INC and its designees the irrevocable right to take and use his name, picture, likeness, photograph, film, videotape, and/or verbal statement in all forms and media and in all manners for any advertising, promotional, Internet, and/or publicity purpose of CUBA SPORTS TRAVEL AGENCY, INC. All rights, including but not limited to copyright, worldwide in any Embodiments shall belong to CUBA SPORTS TRAVEL AGENCY, INC and the Player hereby assigns such rights to the League together with all causes of action. All rights in the Embodiments and all Promotional Rights with respect to such Embodiments shall be exclusive, irrevocable and survive the expiration or termination of the Term of this Agreement (and without regard to the circumstances in which this Agreement expires or is terminated).
10. CHOICE OF LAWS
The parties agree that this Agreement shall be governed by and enforced with the laws of the State of North Carolina and all disputes regarding this Agreement or arising from Player€™s participation in THE CUBA LEAGUE, LLC shall be brought in the State of North Carolina.
11. MODIFICATION AND WAIVER.
No modifications or waiver of any provision of this Agreement, nor any consent for any departure from the terms of this Agreement, shall be effective unless the same is in writing and signed by all parties hereto, and then only for the specific purpose as recited in the modification or waiver, and only for the specific instance.
12. ENTIRE AGREEMENT.
This Agreement is an integrated agreement containing the entire understanding among the parties hereto, regarding the matters addressed herein, and no oral agreements or representations, nor any written agreements or representations prior to the Effective Date, are part of this Agreement. The parties hereto further acknowledge and agree that there are no representations, warranties, or promises that have been made or relied upon by the parties, except to the extent expressly set forth herein.
13. KNOWLEDGE OF THE TERMS.
Prior to executing this Agreement, the parties hereto have each had a full opportunity to review and independently evaluate the terms and conditions of this Agreement. The terms of this Agreement have been completely read and understood.
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same Agreement.