By this instrument, the Parties, ATHLETE and Contracted (ANSA Franchise and Partners), duly qualified in the Registration Form (Annex I), resolve to sign this instrument, hereinafter referred to as “Contract,” which will be governed by the following clauses and conditions, in compliance with the principle of good faith.
WHEREAS
a) Contracted (ANSA Franchise and Partners) operates, in its territorial area of operation, as an ANSA franchisee;
b) the Athlete recognizes the excellence of the ANSA group, and sought out the Contracted (ANSA Franchise and Partners) with the aim of contracting the services provided by it.
In view of the above, both parties, by mutual agreement, decide to formalize this service provision contract (“Agreement”), subject to the following conditions:
OBJECT
1.1 The purpose of this Agreement is the execution, by the Contractor (ANSA Franchise and Partners), of personalized training services in personal, professional, and managerial development (“Services”), to be provided during a program with an estimated duration of 2 weeks, starting on the 23rd July and ending by August 6, 2024. However, the program may start on another date as agreed upon by the parties, and it will conclude 2 weeks after the defined start date. The Services will be conducted in the following locations:
Andorra and/or Spain.
Furthermore, the program has an estimated duration of 2 weeks and can be extended for a longer period posteriorly.
TERM
2.1 This Agreement comes into force on the date of its signature and will be valid until the end of the program, and may only be renewed upon the execution, in writing, of a competent addendum.
2.1.1 Notwithstanding the provisions of the caput, this instrument may be terminated by the Athlete at any time, provided that they previously notify the Contracted (ANSA Franchise and Partners) of their intention at least 30 (thirty) days in advance of the date of intended termination, at the end of which the Contract will be fully terminated. In this case, the Athlete must pay the Contracted (ANSA Franchise and Partners) the amount corresponding to 10% (ten percent) of the total amount that would be paid if the Contract were fully fulfilled.
PRICE AND PAYMENT METHOD
3.1 For the provision of Services, the athlete will pay the Contracted (ANSA Franchise and Partners) the amount of 3,000 euros (three thousand euros), plus the costs of air tickets. The athlete can choose our installment payment plan, according to conditions to be agreed with the Contracted (ANSA Franchise and Partners).
3.2 The amounts set out in Annex I must be paid strictly in the manner also set out there. Once the agreed payment deadline is exceeded, the Athlete will incur default, being subject, in addition to sending their data to credit protection agencies (such as SPC and Serasa), also to a fine of 2% (two percent) on the amount of the debt, plus interest of 1% (one percent) per month, calculated pro rata die, until the effective payment date.
3.3 The Athlete declares to be aware that delay in paying any of the amounts set out in Annex I will give the Contracted (ANSA Franchise and Partners) the right to immediately suspend the provision of the Services.
CONTRACTED (ANSA FRANCHISE AND PARTNERS) OBLIGATIONS
4.1 Perform the Services using your best efforts and in accordance with what is described in the first clause above;
4.2 Promote the training and games provided for in the Regulations, allowing the Athlete to participate in up to 2-5 training sessions per week, at times and in accordance with the class schedule made available by the Contracted (ANSA Franchise and Partners) and informed in advance to the Athlete, and
4.3 Additional Obligations of the Contracted (ANSA Franchise and Partners):
a) Transportation: The Contracted (ANSA Franchise and Partners) must provide transportation (which may be public transportation) for the Athlete for training and game activities, according to schedules.
b) Food: The Contracted (ANSA Franchise and Partners) must provide the Athlete with breakfast, lunch, and dinner, from Monday to Saturday (except Sundays).
c) Accommodation: The Contracted (ANSA Franchise and Partners) must provide the Athlete with accommodation in a suitable location during the program period.
d) Training/Game Uniform: The Contracted (ANSA Franchise and Partners) must provide the Athlete with training and game uniforms, according to the team's needs. If the athlete trains or plays in a third team, it is up to the club where the athlete is training to provide the uniform.
ATHLETE'S OBLIGATIONS
5.1 Make payments as provided for in this instrument;
5.2 Use online platforms only for the purposes set out in this Agreement;
5.3 Respect the instructions of the trainers responsible for the training, not acting in any way to harm the Contracted (ANSA Franchise and Partners), ANSA or any third party;
ASSIGNMENT AND TRANSFER
6.1 The Parties may not, unless expressly authorized in writing by the Contracted (ANSA Franchise and Partners), assign or transfer, in whole or in part, the rights and obligations assumed in this instrument.
6.1.1 It is hereby excluded the possibility of the Contracted (ANSA Franchise and Partners) assigning or transferring, in whole or in part, its contractual position to any company that may assume the status of ANSA franchisee within the scope of its geographic location.
ASSIGNMENT OF IMAGE USE
7.1 The Athlete expressly authorizes the Contracted (ANSA Franchise and Partners), as well as any company in the ANSA group, to use photos, images, videos or voice, which were obtained or recorded during their stay in the places where training is carried out or the Services provided under this Agreement, to promote the “ANSA” brand and the Services. Such use may be made in any means of communication, physical or digital, in Brazil or abroad, during the entire period of validity of this instrument and for a period of 5 (five) years after its end, neither the Contracted (ANSA Franchise and Partners) nor the Athlete, entitled to any remuneration or compensation for the use mentioned herein.
TERMINATION
8.1 This Agreement may be considered terminated by operation of law, regardless of interpellation or notification, judicial or extrajudicial, in the following cases:
a) in the event of bankruptcy, self-bankruptcy request, judicial recovery, or insolvency of either Party;
b) if the Athlete delays any payment due to the Contracted (ANSA Franchise and Partners) for more than 60 (sixty) days;
c) if force majeure or unforeseeable circumstances occur that make it impossible to continue the Services;
d) if any attitude of the Athlete was considered by the Contracted (ANSA Franchise and Partners) as discrediting his conduct, including, but not limited to, physical or verbal offenses against any other Contracted (ANSA Franchise and Partners) athletes, their employees, partners or any damage or attempt to damage to Contracted (ANSA Franchise and Partners) assets or ANSA's reputation.
8.2 Notwithstanding other provisions stipulated in this Agreement, the party that gives rise to the termination of this instrument as established in subparagraphs “b)” and “d)” of item 8.1 above must pay the opposing party a compensatory criminal fine corresponding to 30% (thirty percent) of the amount that would be due until the end of the contract, as provided for in item 3.1 above, in addition to procedural expenses and other legal obligations.
GENERAL PROVISIONS
9.1 The Parties, in carrying out their obligations hereunder, must respect the rules, legislation and regulations applicable to them.
9.2 This Agreement must be respected, as written, by the parties, their heirs and/or successors.
9.3 Any change to this contract will only be valid if made in writing and by mutual agreement between the parties.
And, as they are in accordance with the terms of the obligations arising from this instrument and its annexes, the Parties sign this contract in two copies of equal content and form, before the witnesses below, after everything has been read and found to be in order, electing the central forum of the District of the city of Sugarland, Texas, to the exclusion of any other, as the only one competent to resolve any conflicts arising therefrom.
Sugarland, Texas
In consideration for the permission granted to me or my minor child/ward, listed above, to participate in activities associated with All Nations Sports Academy (“ANSA”) programs or related events and activities, the Undersigned acknowledges, appreciates, and agrees that:
1. Assume Risks - The risk of injury to my child from the activities involved in these programs is significant, including the potential for permanent disability and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist. FOR MYSELF, SPOUSE AND CHILD, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my child’s participation.
2. Readiness to Participate - I willingly agree to comply with the program’s stated and customary terms and conditions for participation and my child is in good health to participate. If I observe any unusual significant concern in my child’s readiness for participation and/or in the program itself, I will remove myself or my child from participation and bring such to the attention of the nearest official immediately.
3. Release - I, for myself, my spouse, my child, and on behalf of my/our heirs, assigns, personal representatives and next of kin, HEREBY RELEASE ALL NATIONS SPORTS ACADEMY, its officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property incident to my child’s involvement or participation in these programs, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
4. Indemnify and Hold Harmless - I, for myself, my spouse, my child, and on behalf of my/our heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY AND HOLD HARMLESS all the above Releasees from any and all liabilities incident to my involvement or participation in these programs, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.
5. Permission to Photograph and Videotape - I, for myself, my spouse, my child, give permission for ANSA and partners to photograph and video activities that include my child. These photographs and videos will only be used to promote programs and events for ANSA and partners on our websites, social media and other media outlets.
6. Transportation - I give my permission for my child to be transported by All Nations Sports Academy in adult-driven vehicles (parents, employees and volunteers).
7. Payment for Damage - I agree on behalf of myself and my child not to damage or destroy the soccer field(s) or court(s), its equipment and related facilities. In the event that the soccer field(s) or court (s), its equipment and related facilities are damaged or destroyed, I agree to pay reasonable and necessary repair costs for such damages.
8. Medical Care - I grant my authorization and consent to administer general first aid treatment for any minor injuries or illnesses experienced by the Minor. If the injury or illness is life threatening or in need of emergency treatment, I authorize the designated adult to summon any and all professional emergency personnel to attend, transport, and treat the minor and to issue consent for any X-ray, anesthetic, blood transfusion, medication, or other medical diagnosis, treatment, or hospital care deemed advisable by, and to be rendered under the general supervision of, any licensed physician, surgeon, dentist, hospital, or other medical professional or institution duly licensed to practice in the state in which such treatment is to occur. I agree to assume financial responsibility for all expenses of such care.
9. Authority to Sign - I affirm that I am eighteen (18) years of age or older and I am the parent or legal guardian for my child for whom I sign this Voluntary Waiver and Release from Liability and Indemnity Agreement. I have authority to sign on behalf of my child.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
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