THIS AGREEMENT is made by the undersigned Tennis Operator in favor of and accepted by USTA Florida Section, Inc. (“USTA”).
WHEREAS, USTA sanctions adult and junior tennis tournaments which are advertised on the USTA website and from which various individual player rankings are maintained by USTA (“Sanctioned Event”); and
WHEREAS, USTA assigns Sanctioned Events on an annual basis to public or private entities which own a tennis facility, or have a direct written agreement with the owner to operate the tennis facility, and is a current USTA member (“Tennis Operator”); and
WHEREAS, the awarding of a Sanctioned Event is a privilege and not a right; and
WHEREAS, any award of a Sanctioned Event is within the sole and absolute discretion of USTA; and
WHEREAS, the award of a Sanctioned Event is on a one-time basis and does not guarantee the award of that Sanctioned Event, or any other sanctioned events, in succeeding years; and
WHEREAS, Tennis Operator understands that the execution of, and compliance with, this Agreement is a condition precedent to the ability to apply for, receive, or maintain any Sanction Event.
NOW, THEREFORE for good and valuable consideration, it is agreed as follows:
1. The above Recitals are true and correct and will remain true and correct throughout any year in which Tennis Operator applies for a Sanctioned Event.
2. The terms and representations in this Agreement are incorporated by reference into any and all future applications for a Sanctioned Event made by Tennis Operator.
3. Tennis Operator shall not assign or otherwise allow any third-party to operate, manage or run the Sanctioned Event without having first received written permission from USTA. A violation of this term shall be grounds for cancellation of that Sanctioned Event and/or any other awarded Sanctioned Event during that calendar year.
4. Tennis Operator shall promptly notify USTA in writing of any change which makes a representation or statement in this Agreement inaccurate, false, or misleading.
5. Tennis Operator shall obtain appropriate general liability insurance, naming USTA as a named insured or loss payee and provide proof of insurance to USTA upon request.
6. Tennis Operator agrees assure the Sanctioned Event is operated in accordance with USTA (National) Regulations, USTA Florida Junior and Adult Rules and Regulations, Friend at Court and USTA Florida Standards of Excellence.
7. Tennis Operator agrees to permit reasonable identification of the USTA on the Tournament Site. Any usage of the USTA or USTA (National) logo must be approved in advance.
8. The Sanctioned Event shall be open to the public and conducted without regard to race, creed, color, or national origin and shall ensure that the Tournament Site and any Satellite Sites are ADA compliant to the extent it is required or necessary.
9. Nothing contained in this Agreement shall imply any agency, partnership or joint venture relationship between the Tennis Operator and USTA and neither party shall have the power to obligate or bind the other party except for the purposes set forth herein.
10. USTA assumes no responsibility for any expenses or obligations of the Sanctioned Event.
11. Any television, radio, or film rights for the Sanctioned Event is reserved by the USTA. USTA has a video policy regarding minors participating in a Sanctioned Event and Tennis Operator shall abide by the policy. The policy is available upon request.
12. Breach or violation of any representation or term in this Agreement, or in an Application for Sanctioned Event, may result, in USTA’s absolute discretion, in the withdrawal of any or all awarded Sanctioned Events for the current year and denial of Sanctioned Events in future years. Any change in the Tournament Director or entity running the Sanctioned Event, or any adverse change subsequent to the award of the Sanctioned Event may result in the Sanctioned Event being moved to another Tennis Operator or rescinded in the USTA’s absolute discretion.
13. Tennis Operator agrees that the USTA grants sanctions for tournaments as a service to public tennis and as a benefit to the players and to local communities in which such tournaments are staged. The USTA shall have no responsibility for the actual conduct and operation of the Sanctioned Event, and Tennis Operator agrees to indemnify and save the USTA harmless from any and all claims of every kind, nature and description in any way relating to the conduct of the tournament, the facilities used by the tournament or the conduct by players, officials and spectators at the Sanctioned Event.
14. This Agreement contains the entire agreement and understanding of the parties and no representations or agreements express or implied, except those contained herein shall be valid or binding on the parties. Upon acceptance, this Agreement shall be construed in accordance with the laws of the State of Florida.