The Players NIL Inc.

AGREEMENT FOR THE SERVICES OF
Influencer Researcher

This Influencer Researcher Independent Contractor Agreement (“Agreement”) is made by and between ___________________ (“Contractor”) and The Players NIL Inc., a California corporation (“TPNIL”). TPNIL and Contractor shall be known collectively as the “Parties”. This Agreement shall be made effective on the ____ day of ___________________, 2022.

In consideration of the mutual promises hereinafter set forth, the Parties agree as follows:

1. Services
Contractor shall undertake the project and perform the work set forth in Exhibit A, Section 1, attached hereto and incorporated herein by reference.

2. Payment
TPNIL shall pay Contractor the compensation in accordance with Exhibit A, Section 2.

3. Relationship of the Parties- Independent Contractor Status
Contractor is an independent contractor, and neither Contractor nor Contractor’s employees or contract personnel are, or shall be deemed, TPNIL’s employees. This Agreement does not create a partnership relationship. Contractor does not have authority to enter into contracts on TPNIL’s behalf.

In its capacity as an independent contractor, Contractor agrees and represents, and TPNIL agrees, as follows:

  1. Contractor has the right to perform Services for others during the term of this Agreement.
  2. Contractor has the sole right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed. Contractor shall select the starting and quitting times, days of work, and order the work is performed.
  3. Contractor has the right to hire assistants as subcontractors or to use employees to provide the Services required by this Agreement.
  4. The Services required by this Agreement shall be performed by Contractor and TPNIL shall not hire, supervise, or pay any assistants to help Contractor.
  5. Contractor shall not receive any training from TPNIL in the professional skills necessary to perform the Services required by this Agreement.
  6. Contractor shall not be required by TPNIL to devote full time to the performance of the Services required by this Agreement.

4. Business Licenses, Permits, and Certificates
Contractor represents and warrants that Contractor and Contractor’s employees and contract personnel will comply with all federal, state, and local laws requiring drivers and other licenses, business permits, and certificates required to carry out the Services to be performed under this Agreement.

5. State and Federal Taxes
TPNIL shall not: Withhold FICA (Social Security and Medicare taxes) from Contractor’s payments or make FICA payments on Contractor’s behalf; Make state or federal unemployment compensation contributions on Contractor’s behalf; or Withhold state or federal income tax from Contractor’s payments.

Contractor shall pay all taxes incurred while performing Services under this Agreement—including all applicable income taxes and, if Contractor is not a corporation, self-employment (Social Security) taxes. Upon demand, Contractor shall provide TPNIL with proof that such payments have been made.

6. Fringe Benefits
Contractor understands that neither Contractor nor Contractor’s employees or contract personnel are eligible to participate in any employee pension, health benefits, vacation pay, sick pay, or other fringe benefit plan of TPNIL.

7. Unemployment Compensation
TPNIL shall make no state or federal unemployment compensation payments on behalf of Contractor or Contractor’s employees or contract personnel. Contractor will not be entitled to these benefits in connection with work or Services performed under this Agreement.

8. Workers Compensation
TPNIL shall not obtain workers’ compensation insurance on behalf of Contractor or Contractor’s employees. If Contractor hires employees to perform any work under this Agreement, Contractor will cover them with workers’ compensation insurance to the extent required by law and provide TPNIL with a certificate of workers’ compensation insurance before the employees begin work.

9. Term and Termination
The term of this Agreement shall commence as of ____________________ and shall continue in effect until ____________________ unless both parties mutually agree to extend the term.

Either party may terminate this Agreement at any time by giving thirty (30) days’ prior written notice to the other party. TPNIL may terminate this agreement with five (5) days’ prior written notice, should Contractor’s performance be unsatisfactory.

10. Confidentiality and Trade Secrets
Contractor acknowledges that in the performance of services pursuant to this Agreement, Contractor would have access to information which is confidential to or a trade secret of TPNIL. Contractor agrees not to disclose any such information, regardless of the form or format in which or means by which, Contractor becomes aware of such information, to any third party without the specific written authorization of TPNIL.

During the term of this Agreement, and for a period of one (1) year thereafter, Contractor agrees to not use any information or material acquired in performing the terms of this Agreement in any manner which may adversely affect the interests of or be in direct competition with TPNIL.

The product of all work performed under this Agreement (“Work Product”), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, works-in-progress, and deliverables will be the sole property of TPNIL, and Contractor hereby assigns to the TPNIL all right, title, and interest therein, including, but not limited to, all audiovisual, literary, moral rights and other copyrights, patent rights, trade secret rights, and other proprietary rights therein. TPNIL retains no right to use the Work Product and agrees not to challenge the validity of the TPNIL’s ownership in the Work Product.

Contractor hereby assigns to the TPNIL all right, title, and interest in any and all photographic images and videos or audio recordings made by the TPNIL during Contractor’s work for them, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.

11. Warranty / Indemnity
Contractor warrants that all work performed shall be satisfactory to TPNIL in accordance with commercially reasonable standards. Contractor warrants to TPNIL that the material and analysis, data, programs and services to be delivered or rendered pursuant to this Agreement shall be the kind and quality necessary to perform the terms of this Agreement, shall be of merchantable quality, and all work shall be performed by qualified persons.

Contractor shall indemnify and hold TPNIL harmless from any loss or liability arising from performing Services under this Agreement.

12. Dispute Resolution
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Los Angeles County, State of California. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Los Angeles County, State of California. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.

13. Notice
Any notice required by this Agreement shall be deemed given on the day after such notice is deposited in the United States mail, First Class postage prepaid, addressed to Contractor and TPNL at the addresses appearing below. If the United States mail is not used, notice shall be deemed as given on the date said notice is actually received by the party to which said notice is due.

Contractor: [ADDRESS HERE]
TPNIL:

14. Applicable Law
This Agreement and the Services performed under it shall be governed by the applicable laws of the State of California.

15. Complete Agreement
This Agreement is the entire contract between the parties and supersedes any and all prior understandings and agreements between the parties whether oral or in writing. No amendment to this Agreement shall be effective unless it is in writing, attached to and made a part of this Agreement, and executed by Contractor and by an officer of TPNIL.

16. Titles
Titles to Articles in this Agreement are for convenience only and are not to be construed as part of this Agreement.

17. Severability
In the event any provision of this Agreement shall be held invalid or illegal by a court for any reason, the remainder of this Agreement shall not be affected.

18. Survival
It is expressly agreed that the provisions of Sections 3, 4, 5, 6, 7, 8 and 10, 11, 12 and 14 shall survive termination of this Agreement.

To signify acceptance, this Agreement has been signed by an authorized representative for each party.

The Players NIL Inc.
“TPNIL”

__________________
“Contractor”

By:___________________________ By:___________________________
Title:_________________________
Date:__________________________ Date:__________________________

 
 
 
 
 
 

Exhibit A

1. SERVICES AND RESPONSIBILITIES
Contractor will furnish all equipment, tools, and materials used to provide the Services required by this Agreement. TPNIL will not require Contractor to rent or purchase any equipment, product, or service as a condition of entering into this Agreement.

Contractor will report on the performance of his/her services under this agreement to: __________________________________________________.

2. COMPENSATION

  1. Compensation shall be paid in the amount of $250 USD.
  2. Consultant will submit an itemized statement (invoice) indicating hours worked and expenses.
  3. TPNIL shall pay amounts under this Agreement within thirty (30) days of receipt of invoices submitted by Contractor.
  4. There shall be no additional reimbursable costs or expenses unless agreed to in writing by TPNIL and Contractor.

The Players NIL Inc.
“TPNIL”

__________________
“Contractor”

By:___________________________ By:___________________________
Title:_________________________
Date:__________________________ Date:__________________________

Mark Koesterer
Founder

Welcome. I’m Mark Koesterer, founder of The Players NIL, and I have a deep passion for this work. My background includes a long and extensive relationship with the sporting industry. As a former college athlete, I have first hand experience navigating the collegiate world. As a father of college athletes, I was actively involved with supporting the requirements needed to compete at the highest level, while maintaining focus on broader life goals. As the president and CEO of Sports Studio, I helped build a successful Hollywood sports and entertainment company.

At Sports Studio, I interacted with athletes, brands, production companies, professional sports leagues, and agents. All of this gave me expert-level experience in digital marketing, branding, production, group licensing, sponsorship, influencer marketing, apparel design and production, and fan engagement.

It’s ALL of this collective experience that I offer, while bringing you a premier level of service that will help you reach your goals. If you would like to learn how to build your brand and maximize your NIL potential, contact me today.

The Players NIL is built for YOU.

Apply Now!

We can’t wait to learn more about you.

    I certify that I am at least 18 years of age.*
    I have read and agree to The Players NIL Independent Contractor Agreement in the event I am selected.*