IFOCE
Membership Agreement
This agreement (The “Agreement”) is made and entered into this __________day
of__________,
2004, by and between International Federation of Competitive Eating, Inc., with
its principle offices
At 151 W. 25 street, 4th floor, New York NY 10001 (“IFOCE”), and ______________
an, individual residing at _________________(“Performer”) 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
eighteen (18) months thereafter.
2. (a) Performer shall have official status of an “IFOCE Eater”
during the term with eligibility to participate in IFOCE events. Performer
recognizes the benefits of the eligibility and status of an IFOCE eater
and in consideration of such benefits, performer 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 IFOCE.
Performer shall notify IFOCE in advance of competing or appearing in any eating
events not sanctioned by the IFOCE and must obtain IFOCE’s prior in order
to participate or appear. This approval maybe withheld in IFOCE’s
sole judgement based on safety of such Eating Events, competition with other organizations
or other conflict with the reasonable objectives of IFOCE.
(b) IFOCE shall also be Performer’s sole and exclusive representative with
regard to obtaining and/or
negotiating on Performer’s for any revenue opportunities (outside of purses
or prize money for competitive eating events) for performer which are related
to performer’s status as a competitive eater. These personal revenue
opportunities for which IFOCE will exclusively represent performer include, without
limitation, personal appearances, merchandising, licensing, advertising, film,
television, radio, internet and all other media. In the event that performer
receives such offers or opportunities either himself/herself or through a third
party, Performer agrees to refer all such offers or opportunities to IFOCE for
negotiation and handling. All terms of any agreements negotiated pursuant
to this subsection (b) will be subjected to performers prior consent and performer
agrees to pay IFOCE 20% of the gross amounts payable to performer under said agreements.
IFOCE expressly makes no financial or other guarantees regarding the existence
of performers revenue opportunities described in this subsection. IFOCE
will not commission any purses or prize money won by performer in Eating Events.
3. Performer represents to IFOCE that he/she is 18 years of age or older and is
in good physical condition without any ailments that would endanger performers
health or otherwise preclude performer from safely participating in Eating Events.
Performer agrees to limit training and and competition to reasonable and safe
numbers and methods that are governed by responsible safety regulations and overseen
by safety personal. Performer understands the inherent risks involved in
Eating events (Including the rapid consumption of large quantities of food and
calories) and Performer, on behalf of Performance all persons and entities claiming
under performer, agrees to waive and release, and will indemnify and hold harmless
IFOCE, Shea communications, Inc., (“SCI” ) and IFOCE’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. IFOCE and it’s sponsors and licensees shall each have the right to reproduce,
publish/or disseminate in any and all media Performers performance, name, likeness,
picture, voice and biographical material for any purpose in connection with eating
events of IFOCE’s related business interests. Performer agrees to
speak and cooperate with the media and interviews authorized by IFOCE.
5. Performer is free to enter into this agreement and does not have any other
agreement or obligation that would conflict with the provisions hereof.
Performer understands that Performer is not an employee of IFOCE or any related
party for any purpose and expressly waives any right to receive benefits accorded
to the employees of IFOCE 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 New York State or United States Federal Court sitting in New York County
in any action or proceeding arising out of or relating to this Agreement.
IFOCE may freely assign this Agreement and it’s rights and obligations hereunder
to any third party.
6. Performer 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.
INTERNATIONAL FEDERATION OF
PERFORMER
COMPETITIVE EATING, INC.
BY: _________________________________
BY:____________________
George Shea, Chairman and CEO
SSN:___________________