Fillable Paid Services Form 11 12 19 V2 FORM (AYSO Volunteer Resources)

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Paid Services Form 11 12 19 V2 FORM (AYSO Volunteer Resources)

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Country of origin: CANADA
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corporation, LLC. Partnership, sole proprietorship,
Paid Services - Section-Area-Region
2
for the withholding and payment of all income, social security, unemployment and any other
taxes of Provider's employees, if any, and shall responsible for the payment of any insurance,
unemployment, worker's compensation and all other benefits of Provider's employees.
3. Independent Relationship.
Nothing contained herein or in any other document executed in
connection herewith, shall be construed to create an employer-employee relationship or a joint
venture relationship between the Provider or Provider's employees, if any, and AYSO. Rather,
Provider acknowledges and agrees that it is an independent contractor.
4. Discretion and Control.
Provider shall determine based upon its experience, skill and expertise
the manner, methods or means to be utilized in performing Services. AYSO is only interested in
the accomplishment of the end result sought and is not interested in, and does not have any right
to control, the manner, methods or means of Provider's delivery of the Services.
5. Term.
The term of this Agreement shall commence on and shall terminate on
,
unless
earlier
terminated
by
the
parties
pursuant
to
the
terms
of
this
Agreement
6. Provider's Tax
ID. The Provider represents that it maintains an appropriate tax identification
number with the United States Internal Revenue Service
7.
Competent Work.
All of the Provider's work and Services covered by this Agreement will be
provided in a competent and responsible fashion in accordance with the standards of the
profession.
8.
Insurance.
a)
Liability
i. Provider shall, throughout the Term of this Agreement, obtain and maintain standard
General Liability Insurance ("Liability Policy") at its own cost and expense from an
insurance company rated A- or better by A.M. Best because an insurance carrier is
prohibited by law from covering any damages resulting from an intentional tort, such
as assault or defamation, intentional torts are explicitly excluded in the Liability
Policy, and there is no coverage for any such conduct. However, in the event that a
plaintiff was to claim that a negligent act was an intentional tort, and it can be
established that the act in truth was merely negligent, then AYSO's carrier might be
required by law to defend the claim of alleged intentional tort.
ii.
The Policy's current amount of coverage is:
General Liability:
$1 million each occurrence
$2 million aggregate
iii.
The Policy shall include any AYSO entities as an additionally named insureds.
Paid Services - Section-Area-Region
3
b)
Other Insurance [add if necessary]
9. Legal Right.
The Provider and AYSO, each covenant that it has the authority to enter into
this Agreement and to perform its obligations under the Agreement in accordance with its terms
and conditions.
10. Waiver.
Failure to invoke any right, condition, or covenant of this Agreement by either
party shall not be deemed to imply or constitute a waiver of any right, condition, or covenant and
neither party may rely on such failure.
11. Release of Liability, Hold Harmless.
The Provider, through its undersigned representative,
and on behalf of its heirs, executors, administrators, related entities, assigns and personal
representatives, hereby agrees to release and hold harmless AYSO, AYSO entities and their
representatives, volunteers and players.
12. Confidentiality.
The Provider acknowledges that, during the period that Provider is
providing the Services, Provider may have access to and become acquainted with various trade
secrets, innovations, processes, information, records, and specifications owned or licensed by
AYSO and/or used by AYSO in connection with the operation of its business including, without
limitation, AYSO's business and product processes, methods, customer lists, player and coach
names, addresses, email addresses and phone numbers, accounts, and procedures (the "AYSO
Confidential Information"). The Provider agrees that the Provider will not disclose any AYSO
Confidential Information, directly or indirectly, or use any Confidential Information in any
manner, either during the term of the Agreement or at any time thereafter, except as required in
the course of providing the Services under this Agreement All files, records, documents,
blueprints, specifications, information, letters, notes, media lists, original artwork/creative,
notebooks, passwords and similar items relating to the business of AYSO, whether prepared by
the Provider or otherwise coming into the Provider's possession, containing AYSO Confidential
Information shall remain the exclusive property of AYSO. Upon termination of this Agreement,
the Provider shall return to AYSO all copies of any documents or electronic media containing
AYSO Confidential Information.
13. Return of Company Property.
Upon the expiration or termination of this Agreement, or
at any other time upon request by AYSO, Provider shall promptly return to AYSO, as its
property, all records, information and data related to the Confidential Information, in whatever
form it may exist and by whomever prepared, and all other property of AYSO which is then in
the custody, possession or control of Provider.
14.
Termination. This Agreement may be terminated as follows:
a.
by mutual consent;
b.
by either party, for any reason, on the thirtieth (30th) day after giving written
notice of termination to the other party;
Paid Services - Section-Area-Region
4
c.
by either party, if the other party breaches the Agreement, immediately upon
giving the other party written notice of termination; or,
d.
by AYSO, immediately upon circumstance which prevents Provider from
performing the Services. In addition, if the Provider or any of Provider's
employees is convicted of any crime or offense, fails or refuses to comply with
written policies or reasonable directives of AYSO or AYSO, is guilty of serious
misconduct in connection with performance hereunder, or materially breaches
provisions of this Agreement, AYSO or AYSO at any time may terminate the
engagement of the Provider immediately and without prior notice to the Provider.
15.
Attorneys' fees. Should any lawsuit be brought to enforce this Agreement, the prevailing party in
any such action shall be entitled to reimbursement for any and all attorneys' fees, court costs, and/or
expert witness fees, incurred in prosecuting and defending the action.
16.
Representations: Provider agrees to follow all applicable laws in the performance of the services
under the contract including but not limited to all labor, employment and/or wage-hour laws, and further
agrees to maintain valid workers compensation insurance for all of its employees for the duration of the
Agreement.
17.
Indemnification. Provider agrees to indemnify, defend and hold AYSO harmless from any and all
claims, demands, liabilities, and penalties, including costs and attorneys' fees, to which AYSO is
subjected as a result of any act or omission of Provider, or Provider's employees, subcontractors, guests,
invitees, or servants, arising out of, or during or attendant to, Provider's performance of, or failure to
perform, the contracted for services under this Agreement, or arising in any other manner, or at all,
including but not limited to any claims for wages or workers compensation violations.
18. Personnel.
Provider agrees that any individual working for Provider in connection with any of
the Licensed Services under this Agreement, whether such individual is an employee, independent
contractor, volunteer or other agent of Provider shall (i) be subject to a personal background check
(in the form approved by AYSO. AYSO reserves the Right to request and review individuals'
screening results.), (ii) be properly trained and educated to perform the functions assigned to that
individual, including all technical soccer training, physical training and expertise as well as fully
educated in the philosophies, principles and guidelines of AYSO, and, (iii) be legally authorized to
perform all requirements, including all proper governmental authorizations such as licenses and
immigration visas as needed, and (iv) agree in writing to fully comply with AYSO's philosophies
and AYSO Code of Conduct.
19.
Notices. Any notices or other communication required or permitted under this
Agreement, shall be given in writing and delivered by hand or by registered or certified mail, postage
pre-paid, return receipt requested to the following persons:
Provider:
AYSO: Atten: National Executive Director
American Youth Soccer Organization
19750 S Vermont St., Suite 200
Torrance, CA 90502
Paid Services - Section-Area-Region
5
20.
Miscellaneous.
a)
Entire Agreement.
This Agreement constitutes the entire understanding of the
parties with regard to the subject matter hereof. No amendments to this Agreement shall
be valid unless in writing and signed by the parties hereto.
b)
Binding Effect, Assignment.
This Agreement shall be binding upon and shall inure
to the benefit of the Provider and AYSO. Nothing in this Agreement shall be construed
to permit the assignment of the rights, responsibilities or obligations without the express
written consent of both parties.
c)
Governing Law, Severability.
This Agreement and its provisions shall be governed
by the laws of the State of California. The parties agree to submit to the non-exclusive
jurisdiction of the state and federal courts located in Los Angeles County, California.
Neither the invalidity nor unenforceability of any provision of this Agreement shall affect
the validity or enforceability of any other provision.
American Youth Soccer Organization
DATE:
_____________________
By:
Name: Matthew Winegar
Title: National Executive Director
(PROVIDER)
DATE
:
______
By:
Name:
- _______________________________________________________
Title:
________________________
Attachments
Attach a completed IRS W-9 Form
Attach completed Region Questionnaire
Attach photocopy of Business License
Attach the Certificate of Insurance
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Paid Services Form 11 12 19 V2 FORM (AYSO Volunteer Resources)

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Completed 12 September 2021

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