2025 USTA NorCal Sanction Agreement

This USTA NORCAL SANCTION AGREEMENT ("Agreement") is entered into as of the {date} by and between Organizer and the USTA NorCal ("NorCal"). Organizer and NorCal shall hereinafter collectively be referred to as the “Parties.”

WHEREAS NorCal sanctions USTA NorCal Junior Circuit Events (“Events”) and USTA NorCal Junior, Adult, Family Wheelchair Tournaments (“Tournaments”); and

WHEREAS Organizer desires to promote, stage, manage, and administer Event(s) and/or Tournament(s) sanctioned by NorCal; and

WHEREAS as a condition to submitting a sanction application for an Event or Tournament, an Organizer must first have agreed to all provisions of this Sanction Agreement.

NOW, THEREFORE, it is mutually agreed upon by and between the undersigned Parties as follows:

1.   Applicable Events and Tournaments. This Agreement shall govern the application for, sanctioning of, and organizing of all Events and Tournaments applied for by and/or sanctioned to Organizer by NorCal for the calendar year 2025.

2.   USTA NorCal Sanction Regulations; Sanctioning Provisions of USTA Junior Circuit Regulations. Organizer acknowledges that sanctions will be awarded pursuant to:

• In the case of Events, the sanctioning provisions of the USTA Junior Circuit Regulations; and

• In the case of Tournaments, the USTA NorCal Bylaws and the USTA NorCal Sanction Regulations.

These regulations may include the requirement that a specified fee be paid to NorCal for the issuance of a sanction (“Sanction Fee”) and/or the requirement that a specified fee per player accepted into the Event and/or Tournament (also known as a “Head Tax”) be paid to NorCal.

3.   Event and Tournament Regulations. Organizer agrees to comply with:

• The USTA Constitution, Bylaws, Rules and Regulations;

• The NorCal Constitution and Bylaws;

• The USTA NorCal Sanction Regulations; and

• The applicable USTA NorCal regulations governing the Event(s) and/or Tournament(s) (USTA NorCal Junior Circuit Regulations; USTA NorCal Junior Tournament Regulations; USTA NorCal Adult, Family & Wheelchair Rules). These regulations are incorporated by reference and fully describe the requirements for running the applicable Event(s) and Tournament(s).

This agreement supplements and does not supersede any such rules.

4.   Discrimination Not Allowed. Organizer agrees that it will not discriminate against any participant because of the participant’s race, creed, color, national origin, or sexual orientation. A violation of this provision may result in a refusal to issue any future sanctions for Events and/or Tournaments to the Organizer.

5.   Safe Play Approval.

A.  Junior Circuit Event Directors and Tournament Directors. Organizer agrees that each Event Director, in the case of a Junior Circuit Event, and each Tournament Director, in the case of a Junior, Adult, Family and Wheelchair Tournament (collectively “Directors”) will be in compliance with the requirements of Safe Play, including clearing USTA background screening and successfully completing Safe Play education (referred to as being “Safe Play Approved”) as of the date of submission of a sanction application. If Safe Play Approval lapses between the time of submission of a sanction application and the start of an Event or Tournament, the Director must be Safe Play Approved on or before the start date of the Event or Tournament through completion of the Event or Tournament. Failure to maintain Safe Play compliance will result in the removal of the Director or the revocation of the sanction.

B.  Event and Tournament Staff - Junior Circuit Events, Junior Tournaments, Adult Open Tournaments, Family Tournaments, and Wheelchair Tournaments in the Junior Divisions. Organizer agrees that all staff assisting or present at a Junior Circuit Event, Junior Tournament, Adult Open Tournament, Family Tournament, and Wheelchair Tournament in a Junior Division will be Safe Play Approved prior to the start of each Event and/or Tournament and through completion of the Event and/or Tournament. This includes, but is not limited to, tournament desk staff, court monitors, play monitors, trainers, non-USTA Certified officials, coaches and captains.

C.  Tournament Staff - Adult NTRP Tournament, Adult Age Division Tournament, and Wheelchair Tournaments in non-Junior Divisions. Organizer acknowledges that NorCal recommends all staff present at an Adult NTRP Tournament, an Adult Age Division Tournament, or Wheelchair Tournament in a non-Junior Division be Safe Play Approved prior to the start of each Tournament and through completion of the Tournament, except that if a minor is entered in one of these Tournaments, Safe Play approval is required. This includes, but is not limited to, tournament desk staff court monitors, play monitors, trainers, non-USTA Certified officials, coaches, and captains.

6.   Site Permission. Organizer agrees that submission of a sanction application to use a specified number of courts controlled by Organizer is an acknowledgment that those courts will be used by the Event or Tournament, whether or not Organizer has direct control over the courts. For any site that is not controlled by Organizer, Organizer will submit a letter from the entity(ies) controlling the site(s) stating that Organizer has permission to use the specified number of courts at the site(s) for the Event or Tournament (“Site Permission”) as required by the USTA NorCal Sanction Regulations.

7.   Facility Requirements.

A.  Restrooms. Each site will make available adequate and sanitary restroom facilities at each site for players and spectators.

B.  Water. Each site will provide access to potable water for players and spectators, unless prohibited by a health and safety policy (see Section 9). This is not a requirement to provide bottled water.

C.  ADA Compliance. Organizer will ensure that all sites at which Event(s) and/or Tournament(s) are held are ADA compliant to the extent it is required or necessary.

8.   Insurance. Organizer will procure and maintain through the sanction period, at the Organizer’s expense, Commercial General Liability Insurance including spectator and participant liability from a company or companies licensed to do business in the state of California. The policy shall be in the minimum amount of at least $1,000,000 for each occurrence for Bodily Injury and Property Damage. NorCal shall be named an Additional Insured on the Commercial General Liability policy at no cost to NorCal.

A Certificate of Insurance or a copy of the policy or policies, containing a thirty (30) day Notice of Cancellation clause and an indication that coverage applies specifically to the Event or Tournament, must be submitted to NorCal no later than the first day of the month two months prior to the start of the Event or Tournament.

9.   Health and Safety Policies. From time to time, NorCal may put in place policies to protect the health and safety participants. Operator agrees to abide by any such policies.

Additionally, the USTA has adopted Emergency Care Guidelines which are included in Friend at Court. Organizer agrees to consult such guidelines when making decisions related to the health and safety of participants.

Organizer and NorCal acknowledge that non-compliance with these policies may result in the cancellation of the Event or Tournament, either by Organizer or NorCal to protect the health and safety of participants.

10. Website Posting Requirement. By the time Organizer begins accepting registrations for an Event or Tournament, Organizer agrees to post all information that may be required for posting by the USTA and NorCal.

11. Conflict of Interest Disclosure. Organizer acknowledges that NorCal has a Conflict of Interest Policy that requires its directors, officers, members of the Sanction & Schedule Committee, and employees to disclose their direct and indirect financial interest, and that such disclosures may establish a conflict of interest between Organizer and NorCal.

12. Reservation of Rights. NorCal reserves all television, cable, satellite, internet, and radio rights for any and all Events and Tournaments.

13. Participant Evaluation Data. Organizer acknowledges that NorCal will solicit and collect data on sanctioned Events and Tournaments from participants and, in the case of participants who are minors, the participant’s parents. Such data will be used by NorCal to assess customer service and whether any regulation has been violated, and may be considered when approving future sanctions, or determining whether a sanction holder is to be placed on probation or a sanction is to be revoked.

14. Notice and Approval of Change.

A.  Change Made by NorCal or USTA. From time to time the applicable regulations governing a sanctioned Event and/or Tournament described in Section 3 may be amended by the USTA or USTA NorCal. From time-to-time the USTA or NorCal may adopt a new policy to protect the health and safety of participants (Section 9). NorCal agrees to notify Organizer, through the Director using the email address provided on the application, of any such changes that are effective after a sanction is awarded. In the event any such change affects the Organizer’s ability or willingness to fulfill the terms of the Agreement, Organizer may decline, to organize, without penalty, the applicable Event or Tournament for which a sanction has been awarded. In such circumstances, the Organizer is entitled to a refund of the Sanction Fee.

B.   Change Requested by NorCal. From time to time NorCal may request Organizer to change the Level of the approved tournament or organize a concurrent tournament of a different Level. Organizer has the sole discretion to accept or decline such a request.

C.  Change Requested by Organizer. Organizer must receive written approval from NorCal staff in the event any information provided on the sanction application has materially changed. This includes, but is not limited to:

• person serving as Event or Tournament Director,

• person serving as Tournament Referee,

• the Level of the Tournament,

• tournament site(s),

• Event or Tournament dates,

• entry/registration fee,

• registration opening or closing date,

• events and/or divisions offered (except when events are combined pursuant the applicable USTA NorCal Junior Circuit Regulations, USTA NorCal Junior Tournament Regulations, or USTA NorCal Adult, Family & Wheelchair Rules.

• changes to match and/or scoring format(s),

• change to a draw format, and

• changes to limited draw size, or placing a limit on the draw size.

Absent written approval by NorCal, any material change constitutes a breach of this Agreement and may result in the revocation of a sanction.

15. Cancellation of Tournament. Organizer agrees that if awarded a sanction for an Event or Tournament, that Event or Tournament will be held unless prior written approval of NorCal is received, except that approval is not required when an Event or Tournament is canceled due to inclement weather pursuant to the applicable USTA NorCal Junior Circuit Regulations, USTA NorCal Junior Tournament Regulations, or USTA NorCal Adult, Family & Wheelchair Rules.

If, after players have been selected for the Event or Tournament and registration fees have been paid:

• The Event or Tournament is canceled with prior written authorization by NorCal due to inclement weather or to protect the health and safety of players; or

• The Event or Tournament is unilaterally canceled by NorCal for a reason that is not the fault of the Organizer,

NorCal will make a payment to the Organizer equivalent to the Sanction Fee plus the Head Tax collected by NorCal for all players who were selected and paid registration fees, provided that a completed W-9 is delivered to NorCal no later than 30 days following the date of cancellation.  If no Sanction Fee and/or Head Tax has been collected, no payment will be made. 

If an Event or Tournament is canceled without prior authorization, Organizer must refund all registration fees paid by each player including the Head Tax and any fee paid for processing the entry (“Serve Tennis Fee”).

Additionally, if an Event or Tournament is canceled without prior authorization, Organizer agrees to post a performance bond in the amount of $500 if requested as a condition to be approved for the next future sanction. The bond will be fully refunded upon successful completion of the next 2025 Event or Tournament. If a future 2025 Event or Tournament is not held, the performance bond will be forfeited.

16. Revocation and Probation of Sanctions.

A.  Revocation and Probation for Cause. Organizer acknowledges and agrees that NorCal reserves the broad right to revoke one or more Event or Tournament sanctions and/or place the Organizer on probation for cause, and/or withhold from consideration future sanction applications for reasons including, but not limited to, the following:

• Violation of any applicable regulation listed in Section 3 of this Agreement;

• Violation of any provision of this Agreement;

• Failure to maintain Safe Play compliance as described in Section 5;

• Misrepresentations made by Organizer on the sanction application;

• Cancellation of an Event or Tournament without prior authorization;

• Permitting a player to play in an Event or Tournament for which they are not eligible for reasons that include, but are not limited to age ineligibility, NTRP or other rating level, the player is suspended, and membership eligibility;

• Participant data and/or reports of problems with customer service; and

• Arrest, indictment or other evidence of alleged criminal conduct and/or violations of law by the Organizer or Director.

B.  Revocation for Inability to Hold Event or Tournament. Organizer acknowledges and agrees that NorCal reserves the right to revoke a Tournament or Event sanction for the inability of Organizer to hold the event, for reasons that include, but are not limited to:

• Loss of Site Permission;

• Fire or other physical damage to a facility which in the opinion of NorCal, results in Organizer’s inability to organize the tournament;

• Bankruptcy or financial duress of the Organizer likely to affect the viability to operate the Event or Tournament as sanctioned;

• Weather or other acts of God; and

• Government orders or directives to close or not operate the facility where the tournament is scheduled.

If a sanction is revoked for any reason, the Sanction Fee will not be refunded.

17. Indemnification. Organizer hereby agrees to indemnify, defend and hold harmless USTA and NorCal, including their officers, directors, agents, employees, consultants, independent contractors, attorneys, volunteers and committee members from any and all liability, damages, claims, demands, monetary awards or other claims, including costs and attorneys’ fees, arising directly or indirectly out of or otherwise related to any act or omission of Organizer, for personal injury or damages to real or personal property or to reputation arising out of or in any way relating to or resulting from the subject of this Agreement, including, without limitation the application for and the granting any sanction, the operation of any Event or Tournament by Organizer pursuant to this Agreement, and/or exposure to or contraction of COVID-19 by anyone or any other illness or injury claimed to have resulted from participation in an Event or Tournament.

18. Legal Disputes; Limitation of Liability.

A.   Organizer and NorCal each agree that this Section 18 governs any claim or dispute at law or equity that has arisen or may arise out of or in any way relating to or resulting from:

i.    the granting or denial of any Event or Tournament sanction;

ii.   the cancellation or revocation of any Event or Tournament sanction awarded to Organizer by NorCal; and/or

iii.   the operation of any Event or Tournament by Organizer pursuant to this Agreement and the applicable regulations listed in Section 3.

B.  Applicable Law. Except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern.

C.  LIMITATION OF LIABILITY. ORGANIZER ACKNOWLEDGES AND AGREES THAT NORCAL RETAINS SOLE DISCRETION IN MAKING THE DECISIONS REFERRED TO IN SECTION 18.A.i.-iii. IN NO EVENT SHALL NORCAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR VOLUNTEERS BE LIABLE TO ORGANIZER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE ACTS AND/OR OMISSIONS OF NORCAL REFERRED TO IN SECTION 18.A.i.-iii., WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NORCAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT AN ORGANIZER MAY CLAIM ENTITLEMENT TO A REFUND OF A SANCTION FEE WHERE APPLICABLE UNDER THIS AGREEMENT. THE LIMITATION OF LIABILITY IN THIS SECTION 18.C. SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

D.  Agreement to Arbitrate. Organizer and NorCal each agree that any and all disputes or claims that have arisen or may arise will be resolved exclusively through final and binding arbitration, rather than in court; provided, however, that this agreement to arbitrate does not apply to: (a) an Organizer’s claim for refund of a sanction fee; or, (b) any other claim that could be made in California small claims courts, or that would qualify as a limited civil case under California law.

i.   Prohibition of Class and Representative Actions and Non-Individualized Relief. The Parties agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purposed class or representative or private attorney general action or proceeding. Unless both Parties agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other USTA Members. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to the Organizer’s and NorCal’s right to appeal the court’s decision. All other claims will be arbitrated.

ii.   Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, subject to the limitations contained in Section 18.C. above (“Limitation of Liability”). All issues are for the arbitrator to decide, except those issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 18.D.i. above ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), will be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision is not to be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

A party who intends to seek arbitration must first send to the other, by certified mail, a Notice of Dispute ("Notice"). The Notice must include the name of the party seeking arbitration, address, telephone number, a description of the nature and basis of the claims the party is asserting, and the relief sought.

If the Parties are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, Organizer or NorCal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. Any settlement offer made by Organizer or NorCal will not be disclosed to the arbitrator.

The arbitration hearing will be held in Alameda County or at another mutually agreed location. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Organizers, but is bound by rulings in prior arbitrations involving the same Organizer to the extent required by applicable law. The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

iii.   THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE.

iv.  Mailing Addresses. Any Notice or other mailing required by this Section 18 will be sent to the following:

• To USTA NorCal: USTA NorCal, Attention: Executive Director, 1920 North Loop Road, Alameda, CA 94502-8018

• To Organizer: To the physical address associated with Organizer’s USTA membership; it is Organizer’s sole responsibility to keep its physical address up to date.

v.  Costs of Arbitration. Each party will bear its own costs, including attorneys’ fees, in any arbitration proceeding, except to the extent a prevailing party would be entitled to recovery of costs by applicable law.

E.  Severability. If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.

F.   Judicial Forum for Legal Disputes; Legal Fees. In the event that the Agreement to Arbitrate above does not to apply to Organizer or to a particular claim or dispute, Organizer agrees that any claim or dispute that has arisen or may arise between Organizer and NorCal must be resolved exclusively by a state or federal court located in Alameda County, California. Organizer and NorCal agree to submit to the personal jurisdiction of the courts located within Alameda County, California for the purpose of litigating all such claims or disputes.

G.  Deadline to File Claim. The Parties agree that any legal claim relating to any of the matters referred to in Section 18.A.i.-iii. this Agreement must be filed within the time period specified by applicable law, but in any case not more than 1 year after the party knew or should have known of the facts giving rise to the claim. Any claim not filed timely under this Section 18.G. shall be waived and forever barred.

19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. Any party shall be entitled to sign and transmit electronic signatures to this Agreement (whether by facsimile, .pdf, or electronic transmission), and any such signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature to this Agreement agrees to promptly execute and deliver to the other Parties, upon request, an original signed Agreement.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written.

{organizationMember}

USTA NorCal

By: Summer Verhoeven, Executive Director

 

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