THIS AGREEMENT is made as of the date indicated on the last page of this Agreement and is between IVY LEAGUE / PATRIOT LEAGUE (the Leagues) and the Official signing this Agreement (the Official).
RECITALS:
A. Each League is a voluntary association of colleges (Members) that participate in NCAA Division Football Championship Subdivision (formerly known as 1-AA) football and whose Members require the services of qualified officials to officiate football games.
B. The Official is a qualified NCAA football official, knowledgeable in all applicable football game rules, and desires to be retained as an independent contractor to officiate certain football games for the 2019 football season.
NOW THEREFORE, in consideration of the mutual promises set forth in the Agreement, the Leagues and the Official agree as follows:
1. Term. The term of this Agreement is for the 2019 NCAA Football Championship Subdivision (FCS) football season only. The Official acknowledges that this Agreement contains all of the agreements and understandings of each of the Officials and the Leagues and that any officiating services subsequent to the term of this Agreement shall be set forth in a future agreement between the parties. The Official understands and agrees that there is no assurance or implication that a future agreement will be offered by the Leagues and that the Leagues reserve the right in their sole discretion, with or without cause, not to offer the Official a future agreement subsequent to the term of this Agreement.
2. Independent Contractor. The Official agrees that his legal status under this Agreement and in performing his services hereunder to the Leagues and its Members (which includes travel to and from game sites) is that of an independent contractor and under no circumstances shall the Official be deemed an employee or have any rights as an employee of the Leagues, their Presidents and/or Executive Directors, their Coordinator of Football Officiating (the Coordinator), their Supervisor of Officials (Supervisor) , or any of the Members. As an independent contractor, the Official shall (I) be responsible for payment of all taxes due on account of fees paid by the Leagues under this Agreement to the Official, (ii) obtain for his own benefit disability, medical, hospitalization and liability insurance covering himself in such amounts as he shall determine for any and all injuries or claims he might incur in performing officiating services under this Agreement and in travel to and from game sites and shall submit proof of such insurance to the Conference upon request, and (iii) shall hold harmless the Leagues, their Employees, Officers, Presidents and /or Executive Directors, the Coordinator, the Supervisor, and their Members from any and all liability for injury, damage or loss and all related expenses (including reasonable attorney s fees) sustained as a result of his actions (or inactions) in the performance of any services under this Agreement, including without limitation, all claims for medical expenses incurred by him, and for failure by him to obtain or maintain insurance required hereunder during the term of this Agreement.
The Official will neither directly nor indirectly become involved in, or engage in, gambling, betting or wagering of any kind with regard to any athletic contest, whether professional, intercollegiate, interscholastic or otherwise, and will report to the Coordinator or Supervisor any evidence of which he/she may become aware with regard to gambling, betting, or wagering with regard to any football contest involving a team from the Patriot League and/or Ivy Group.
The Official will refrain from the use of illegal drugs at any time and the use of alcoholic beverage on the day of any contest.
The Official will notify the Coordinator or Supervisor of any conflict of interest situations, including but not limited to the following: graduate of a League school, family working or attending a League school, etc.
The Official will represent the Leagues in a professional manner and refrain from any conduct that would reflect negatively on the Leagues. The official will foster and maintain an officiating program that demonstrates and upholds the values honesty, integrity, transparency and ethical behavior, both on and off the field and must refrain from any public criticism of the Leagues, staff, coaches, student-athletes and athletic departments. This criticism includes communicating with the media, and other football officials, as well as any method of social (Facebook, Twitter, Instagram, etc.) or electronic media. Any violation of this policy may result in immediate termination.
3. Duties. The Official will officiate in such officiating position (referee, linesman, etc.) as determined appropriate by the Coordinator or Supervisor, in his sole discretion.
4. Assignments. The Official will give first priority to the acceptance of football officiating assignments to the Leagues. Following acceptance of an assignment, the Official shall be free to accept assignments elsewhere as long as such assignments do not interfere with the obligations of the Official under this Agreement. Notwithstanding the foregoing, any assignment by the Leagues is subject to cancellation by the Coordinator or Supervisor when and if he, in his sole discretion, deems such cancellation to be in the best interest of the Leagues.
5. Fees. For each game he officiates under this Agreement, the Member that is the host institution for the game ( Host Member ) will pay to the Official a flat fee of $1,040.00 ($600.00 for Replay Communicator) ( Fee ), within a reasonable time following the game. Except in connection with a canceled game as set forth below, the Official shall be responsible for his own transportation and lodging expenses. If a game is cancelled for any reason, the Official shall not be paid the Fee for that game. If a game is cancelled for any reason and the Official is not notified in time to prevent travel to the game site, the Host Member will reimburse the Official for his reasonable and necessary transportation and lodging expensed incurred.
Each League school is solely responsible for the payment of the game officials in a timely manner following the conclusion of the contest.
6. Availability. The Official agrees to be available in the city where the game is played on the night prior to the game day and to be available and otherwise fulfill his officiating responsibilities as established from time to time by the Leagues and the Coordinator or Supervisor. The Official shall attend all officiating general information meetings as shall be announced reasonably in advance by the Coordinator or Supervisor.
7. Post-Season Assignments. The Official agrees to accept post-season assignments offered by the Leagues unless precluded because of job or family commitments, illness or other non-officiating reason approved by the Coordinator or Supervisor. The Official understands that, due to the uncertainty of post-season assignments, any such offers to officiate will not be made by the Leagues until the regular season has ended.
8. Fitness. The Official shall keep himself physically fit, maintain all licensure and/or certification requirements to act as an NCAA football official, and shall maintain a satisfactory knowledge of the rules of NCAA college football, all to the reasonable satisfaction of the Coordinator or Supervisor. Failure to do so shall enable the Coordinator or Supervisor, in his sole discretion, to terminate this Agreement.
9. Right of Termination. If at any time during the term of this Agreement the Official is unable, for whatever reason, to perform fully all requirements of this Agreement, the Coordinator or Supervisor, in his sole discretion, may terminate this Agreement and any assignments made to the Official and thereafter the Leagues and its Members shall have no further obligation to the Official.
10. Miscellaneous. This Agreement may not be altered, modified or amended except by a writing signed by the Official and the Leagues. This Agreement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without regard to principles of conflict of laws. In the event of any dispute arising hereunder, the parties agree that personal jurisdiction and venue in any suit between them shall be in either the United States District Court for the Eastern District of Pennsylvania or the Court of Common Pleas of Philadelphia County, Pennsylvania. The Official shall not assign this Agreement or any right or obligation hereunder to any third party without the prior written consent of the leagues. No failure or delay on the part of a party in exercising any right hereunder shall operate as a waiver of, or impair, any such right.
IN WITNESS WHEREOF, the Ivy and Patriot Leagues and the Official have caused this Agreement to be executed and delivered on the date(s) below indicated.