I signed up for the cupcake eating contest in Boulder. It is being presented by the WLOCE. They emailed this to me to sign this and send back because "As I am sure you understand WLCOE being the promoter of this event must insure eaters have an agreement".The contract LOOKS REALLY FAMILIAR TO SOMETHING
. What is it?
But I think this part is their own: "Entertainer agrees to pay WLOCE 20% of the gross amounts payable to Entertainer under said agreements
Look at this note in paragraph 3:Entertainer, agrees to waive and release, and will indemnify and hold harmless WLOCE, Shea communications, Inc., ("SCI" ) and WLOCE's and SCI's officers
Whatever. Here is the agreement in full.WLOCE LLC - Membership Agreement
This agreement (The "Agreement") is made and entered into this __________day of __________,2009, by and between WLOCE LLC., with its principle offices at 1684 N Druid Hills Rd, Atlanta, GA, 30319, and ________________________ an, individual residing at _____________________________________________________("Entertainer") upon the following Terms and conditions.
1. The term of this agreement shall commence as of the date hereof and shall continue for a period of twenty four (24) months thereafter.
2. (a) Entertainer shall have official status of an "WLOCE Eater" during the term with eligibility to participate in WLOCE events. Entertainer recognizes the benefits of the eligibility and status of an WLOCE eater and in consideration of such benefits, Entertainer agrees to participate solely and exclusively in organized competitive Eating Events, exhibitions and appearances of any kind in the media related to eating (collectively "Eating Events") Which are sanctioned and approved by the WLOCE. Entertainer shall notify WLOCE in advance of competing or appearing in any Eating Events not sanctioned by the WLOCE and must obtain WLOCE's prior consent in order to participate or appear. This approval maybe withheld in WLOCE's sole judgement based on safety of such Eating Events, competition with other organizations or other conflict with the reasonable objectives of WLOCE.
(b) WLOCE shall also be Entertainer's sole and exclusive representative with regard to obtaining and/or negotiating on Entertainer's for any revenue opportunities (outside of purses or prize money for competitive Eating Events) for Entertainer which are related to Entertainer's status as a competitive eater. These personal revenue opportunities for which WLOCE will exclusively represent Entertainer include, without limitation, personal appearances, merchandising, licensing, advertising, film, television, radio, internet and all other media. In the event that Entertainer receives such offers or opportunities either himself/herself or through a third party, Entertainer agrees to refer all such offers or opportunities to WLOCE for negotiation and handling. All terms of any agreements negotiated pursuant to this subsection (b) will be subjected to Entertainers prior consent and Entertainer agrees to pay WLOCE 20% of the gross amounts payable to Entertainer under said agreements. WLOCE expressly makes no financial or other guarantees regarding the existence of Entertainers revenue opportunities described in this subsection. WLOCE will not commission any purses or prize money won by Entertainer in Eating Events.
3. Entertainer represents to WLOCE that he/she is 18 years of age or older and is in good physical condition without any ailments that would endanger Entertainers health or otherwise preclude Entertainer from safely participating in Eating Events. Entertainer agrees to limit training and competition to reasonable and safe numbers and methods that are governed by responsible safety regulations and overseen by safety personnel. Entertainer understands the inherent risks involved in Eating Events (Including the rapid consumption of large quantities of food and calories) and Entertainer, on behalf of performance all persons and entities claiming under Entertainer, agrees to waive and release, and will indemnify and hold harmless WLOCE, Shea communications, Inc., ("SCI" ) and WLOCE's and SCI's officers, directors, employees and agents from and against any and all claims and causes of action whatsoever, including without limitation, for personal injury or death, property damage arising out of Eating Events and related activities (including travel and media event presentation).
4. WLOCE and its sponsors and licensees shall each have the right to reproduce, publish/or disseminate in any and all media Entertainers performance, name, likeness, picture, voice and biographical material for any purpose in connection with Eating Events of WLOCE's related business interests. Entertainer agrees to speak and cooperate with the media and interviews authorized by WLOCE.
5. Entertainer is free to enter into this agreement and does not have any other agreement or obligation that would conflict with the provisions hereof. Entertainer understands that Entertainer is not an employee of WLOCE or any related party for any purpose and expressly waives any right to receive benefits accorded to the employees of WLOCE or any related party. This agreement contains the entire understanding between the parties, supersedes all prior understanding an agreements, whether written or oral and cannot be terminated, modified or any of it's provisions waived except by a written instrument signed by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of applicable to contracts entered into and fully performed therein. Each of the parties irrevocably submits to the jurisdiction of any Georgia State or United States Federal Court sitting in Dekalb County, GA, in any action or proceeding arising out of or relating to this Agreement. WLOCE may freely assign this Agreement and it's rights and obligations hereunder to any third party.
6. Entertainer has read and understands this agreement and has had the opportunity to ask questions and consult with his/her own counsel prior to executing the Agreement.
IN WITNESS WHEREOF, this Agreement has been signed by the parties as of the date first written above.
Dale Boone, President - CEO