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  1.  
  2. Lucky7 Entertainment & Gaming Pty Ltd
  3. A.B.N. 43616701127
  4. T/A Lucky7Gaming
  5.  
  6.  
  7.  
  8. Lucky7 Gaming Player Contract
  9.  
  10.  
  11. This contract is between xxxx, hereinafter known as “Player”, and Lucky7 Gaming and their representatives and assigns, hereinafter known as “Lucky7”. If Player is under the age of eighteen (18), this contract is entered into for the benefit of the Player by the Player’s parent, legal guardian or representative. This contract is hereinafter known as the “Agreement”.
  12. 1. Term/Prior Contracts:
  13. ⦁ This Agreement runs for a period of 6 months, beginning on 12 October 2017 at 12 AM and ending on 12 April 2018 at 12:00 AM. This agreement will be subject to further renewal throughout the duration period, upon agreement of both parties.
  14. ⦁ This contact replaces any prior gaming player contract(s) or agreements signed by Player with Lucky7 that still have any remaining term life, if applicable.
  15. ⦁ This Agreement contains no evergreen clauses, and will not automatically renew. Upon the expiration of this Agreement, both parties must enter into either an extension agreement or an entirely new contract.
  16. 2. Buyout Terms:
  17. ⦁ Player may be bought out of this contract and be removed from any existing or future obligations with a one-time non-refundable payment made payable to Lucky7 upon agreed upon buyout cost by player and/or organization. The buyout cost will be standard PUBG player rates. This buyout clause can be exercised in the event Player desires to play for another team or organization prior to contract expiration and player formally notifies Lucky7 via the address and/or email listed on this contract before engaging in any negotiations with another organization. Failure to notify Lucky7 before engaging in conversations with another organization about a buyout is understood to constitute a violation of Section 11 of this agreement.
  18. 3. Player Obligations:
  19. ⦁ Player agrees to represent Lucky7 as an independent contractor as a competitive video game team participant. Player agrees that they have no other legal binding contracts or verbal agreements to play for, manage, or represent any other organizations or teams that conflict with terms and conditions of this agreement.
  20. ⦁ Player agrees to participate fully in all team practices, scrimmages, tournaments, and events and to play each match to the best of their ability. Participation may require travel, and all travel costs not specifically covered byLucky7 in this contract are the responsibility of Player. Failure to perform these duties will be deemed a breach of contract. An exception can be made at the discretion of Lucky7 for unforeseen circumstances such as family emergencies and verified sickness/illness. In the event that Player is unable to participate due to an inability to utilize time off from his/her employment, Player is expected to notify team and Lucky7 no later than 10 days prior to any event to allow a substitute to be found. If Player is unable to notify team and Lucky7 prior to 10 days, this failure will be considered a breach of contact. If notification is received prior to 10 days, Player will have satisfied their obligations according to the subsection, and no breach will be enforced.
  21. ⦁ Player agrees and understands that as a representative of Lucky7, they are to act in a professional and courteous manner, and not engage in slander, libel, defamation, promotion of racism, gender inequality, cheating, unsportsmanlike conduct, conduct detrimental to the team, and any and all illegal activities. Furthermore, Player agrees to represent the sponsors and partners of Lucky7 in a similar manner and not to engage in any listed or non-listed behaviour that would be harmful to any sponsor/partner. Failure to follow these guidelines can be cause for dismissal from the team and termination of this Agreement.
  22. ⦁ Player agrees to wear any required team apparel including jerseys at events, tournaments, and during any interviews or promotional activities, if applicable. Players are expected to dress in a professional manner at all public events, functions, and while livestreaming.
  23.  
  24. 4. Lucky7 Obligations:
  25. ⦁ Lucky7 agrees to publicly promote Player and Player’s team on its social media channels, assist in tournament registration, and assist with scheduling and media requests, when applicable.
  26. ⦁ Lucky7 agrees to provide Player with semi-funding or funding for LAN tournament entry fees at discretion of Lucky7, online tournament (OTL)/wager play and apparel/gear as follows:
  27. ⦁ LAN/Tournament entry fees: Lucky7 will purchase or procure team passes for: $300
  28. ⦁ Online/Wager play: may be contributed by Lucky7 as deemed necessary based on leagues/tournaments/wager matches, at Lucky7’s discretion.
  29. ⦁ Apparel/Gear: One (1) free official Lucky7 jersey or One (1) free official Lucky7 T-shirt at discretion of Lucky7. Additional discounted or free apparel may be provided at the discretion of Lucky7.
  30. ⦁ Travel: Lucky7 Agrees to provide costs associated with travel to Lucky7 approved offline/LAN events as mutually agreed between both parties. Player must notify Lucky7 a minimum of 2 months before event of being interested in attending or Player may not be eligible for funding or Apparel/Gear.
  31. ⦁ Lucky7 agrees to provide social media, marketing, and branding services and assets to Player consistent with Lucky7’s own social media, marketing, and branding. This may include but is not limited to social media headers, streaming channel overlays, and website biographies and photos.
  32.  
  33. 5. Public Relations/Promotion
  34. ⦁ Player agrees to allow Lucky7 the exclusive right and permission to use the player’s name, image, and likeness for advertising purposes with or without mentioning the Player’s name, with the right to transfer this use to our sponsors and affiliates.
  35. ⦁ Player may not have personal sponsorship that conflicts or competes with Lucky7’s official sponsorship of products related to gaming (headsets, controllers, consoles, accessories, food/drink, etc) unless previously approved by Lucky7.
  36. ⦁ Player agrees to publicly promote Lucky7, its sponsors, affiliates, and partners and may be required to make themselves available for promotional work as requested, unless previous notice is given of accepted unavailability.
  37.  
  38. 6. Livestreaming
  39. ⦁ Lucky7 and Player agree that Player may be permitted access to Lucky7’s livestreaming channel on Twitch.tv to stream gameplay, provided Player has the capabilities to do so, only while Player is under contract with Lucky7. Lucky7’s Twitch.tv channel website address is Twitch.tv/thelucky7sniper and remains the sole property of Lucky7.
  40. ⦁ Any “individual player” streaming channels will remain the property of Player.
  41. ⦁ If Player is no longer a contracted player for Lucky7, Player agrees to immediately cease all access to the Lucky7 livestreaming channel and turn over all passwords/stream keys/user login credentials.
  42. ⦁ Player agrees to provide Lucky7 with any updates to user login credentials, passwords, and stream keys, if applicable, to Lucky7 channels.
  43. ⦁ Any equipment provided by Lucky7 to Player to facilitate the ability to livestream (personal computers, laptops, webcams, video capture devices, etc.) gameplay is the property of Lucky7 and must be returned immediately upon request by Lucky7 or termination of this contract. Exceptions to this rule may be made for sponsor-provided equipment that is gifted to Player as determined by Lucky7.
  44. ⦁ Revenue: Revenue from all livestreaming broadcasts is the property of Lucky7, with no shared percentage paid to Player.
  45.  
  46. 7. Pro Leagues
  47. ⦁ Player hereby acknowledges and agrees that any MLG, UMG, ESL or other Pro League or similar participation and all prizes are subject to the same guidelines outlined within this Agreement for both LAN and OTL play. Player additionally agrees that any league spot(s), where applicable and permitted by the governing body rules, are owned solely by Lucky7 and Lucky7 reserves all rights to any management of said spot.
  48. 8. Revenue:
  49. ⦁ Player shall receive 100% of all prize money winnings from online tournaments/leagues/wagers where entry or funds were not contributed by Lucky7. For all online tournaments/leagues/wagers where entry or funds were contributed by Lucky7, Player shall retain 90% and Lucky7 10% of all revenue or winnings.
  50. ⦁ Player shall retain/receive 100% of all apparel/gear/merchandise won for all events, both LAN and online.
  51. ⦁ LAN/offline tournament event winnings will be divided 90% to Player and 10% to Lucky7 for domestic and 85% to Player and 15% to Lucky7 for international, with no minimum or maximum requirement. This includes any possible event winnings that Lucky7 and Player participates in during the duration of this contract not specifically mentioned. This percentage is above and beyond reimbursement of Lucky7 for any costs incurred by Lucky7 to send player to LAN/offline tournament in question.
  52. ⦁ Lucky7 shall receive or retain 100% of revenue derived from all additional sponsorship, partnership, advertising and/or promotional sources, apparel sales, and all other forms of revenue not specifically listed.
  53. ⦁ Any checks of non-monetary value won at LAN/Offline tournament events are the sole property of Lucky7 and must be sent to Lucky7. Lucky7 may give permission for Player to keep non-monetary checks.
  54. 9. Team Coaches/Managers
  55. ⦁ Lucky7 reserves the right to approve, provide and terminate any team coaches or managers affiliated with the roster for conduct detrimental to the team, Lucky7, or its partners.
  56. 10. Team Rosters/Player Movement
  57. ⦁ Lucky7 requires and reserves the right to the following actions regarding team rosters:
  58. ⦁ Updates, changes, player drops/adds must be pre-approved with Lucky7 management. All players are individually contracted, and Player(s) and Team Manager(s) or Coach(es) are not allowed to enter into, terminate, or alter any other Player’s Agreements.
  59.  
  60. 11. Non-Tampering Clause
  61. ⦁ Player agrees that while under the terms of this Agreement, they are strictly prohibited from entering into discussions, whether verbal or written, to play for or represent any other team or organization without notifying Lucky7 first. Lucky7 reserves the right to terminate any Player found to be engaging in tampering, and seek full legal recourse for remediation of all damages and monies owed to Lucky7 as a result of Player termination. If terminated as a result of this clause player agrees to provide Lucky7 with 25% of player revenue for one year following termination or $5000, whichever is more.
  62.  
  63. 12. Confidentiality Clause/Non-Disclosure Agreement
  64. ⦁ Lucky7 respects the privacy rights of its Players, and agrees to take all necessary steps to safeguard player’s personal information that is privy to Lucky7.
  65. ⦁ Player hereby agrees that confidential details regarding contracts, player movement, sponsors, organization plans and any and all private discussions, whether verbal or written, including group messaging are confidential information and are not to be shared or publicly disseminated except where required by law. Player furthermore agrees to not screenshot, print, or otherwise capture any communication from Lucky7 without express written consent.
  66.  
  67. 13. Termination of Agreement
  68. ⦁ Lucky7 reserves the right to cancel or terminate this Agreement at any time due to breach of contract or for purposes of team roster management, with no advance notification requirements. This contract is provided due to your exceptional skill, and deterioration of that skill, team chemistry concerns, and lack of demonstrable success as determined by Lucky7 will be regarded as an acceptable reason for termination.
  69. ⦁ Upon termination, at Lucky7’s discretion all tournament passes, merchandise or its cash equivalent may be requested to be returned by Player and immediately due in full to Lucky7. Lucky7 reserves the right to furthermore request reimbursement for any hotel and travel accommodations from Player, or their respective share, if this Agreement is breached by Player. However with respect to merchandise/gear:
  70. ⦁ Player jerseys are deemed the property of the Player and are not required to be returned.
  71. ⦁ Any merchandise/apparel/gear/memorabilia received by Player independently from Lucky7, that was not procured by Lucky7, is deemed the property of the Player and is not required to be returned.
  72. ⦁ Automatic Termination of this Agreement:
  73. ⦁ Death of Player listed on this contract
  74. ⦁ Bankruptcy or insolvency by Lucky7
  75. ⦁ Failure by Player to attend an event agreed upon previously by both parties, with respect to Section 3.b.
  76. 14. Electronic Signatures
  77. ⦁ This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party’s signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.
  78. 15. Severability
  79. ⦁ If any provision in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in this agreement, unless the deletion of those provisions would result in such a material change that would cause completion of the transactions contemplated by this agreement to be unreasonable.
  80. 16. Entire Agreement
  81. ⦁ This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties’ agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement’s effectiveness.
  82. 17. Headings
  83. ⦁ The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation.
  84. 18. Governing Law
  85. ⦁ The laws of the Commonwealth of Australia govern this agreement (without giving effect to its conflicts of law principles).
  86. 19. Notices
  87. ⦁ Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail, nationally recognized overnight courier, facsimile, or email.
  88. ⦁ Addresses. A party shall address notices under this section to a party at the following addresses:
  89. If to Lucky7: If to Player:
  90. Helen Triplett
  91. Email: helentriplett@lukcy7.gg
  92. 550 Bourke Street,
  93. Melbourne, Australia
  94.  
  95. ⦁ Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.
  96.  
  97. 20. Player Acknowledgement
  98. ⦁ By signing this contract, Player acknowledges that they have read and agree to abide by all of the terms and conditions outlined within this Agreement. Player also acknowledges that this contract and its benefits are provided to Player based on full participation in all tournaments and events and is furthermore based on Player’s exceptional skill and full cooperation with his/her team. Participation in tournaments and events may require considerable time investment on the part of Player with possible local, national or international travel, and Player acknowledges that to the best of their knowledge, all required permissions have been granted/secured to participate in these events. Failure to attend and fully participate in these events is considered breach of contract and can result in possible civil action and penalties.
  99.  
  100. Dated:
  101.  
  102.  
  103.  
  104. Helen Triplett
  105. Player Managing Director, Lucky7 Gaming
  106.  
  107.  
  108.  
  109. Parent of player
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