2024 IAUSO AGREEMENT
This Umpire Officiating Agreement (hereinafter “Agreement”) is entered into effective upon the date signed by an authorized representative of Iowa USSSA Sports Officials, Inc., whose address is 2425 Hubbell Ave, Suite 105, Des Moines, IA 50317 (hereinafter “Company”) and the individual whose name and address are written above (hereinafter “Umpire”).
RECITALS:
WHEREAS, Company is in the business of providing the personal services of selected individuals to officiate as Umpires at various USSSA athletic events throughout the State of Iowa; and
WHEREAS, Umpire has experience in such officiating, desires to perform officiating duties at such athletic events for a fee and is qualified to perform such duties; and
WHEREAS, Company and Umpire are entering into this Agreement to set forth the rights and duties of the parties herein; and
WHEREAS, Company desires to engage the Umpire and Umpire desires to accept such engagement(s) from Company, both in accordance with the terms and conditions herein set forth.
NOW THEREFORE, in consideration of the foregoing recitals and the terms, conditions and covenants contained herein, the adequacy and sufficiency of which are hereby stipulated and agreed to the parties agree as follows:
1. Conduct: By signing below, Umpire agrees to be bound by the Bylaws and Rules of the USSSA, including conduct on and off the field, performances of all duties of Umpire and all disciplinary actions/procedures as levied and /or taken by USSSA and/or Company.
2. Engagement: Company hereby engages Umpire and Umpire hereby agrees to hold himself available to render, and to render at the request of Company, services for Company and its affiliates, to the best of his officiating ability, upon the terms and conditions hereinafter set forth.
3. Term: The term of the Agreement shall begin as of the date of the Agreement and shall terminate on December 31st, of the year of this agreement; provided, however, that in the event of death, disability, or other incapacity resulting in the inability of Umpire to perform the duties set forth herein, this Agreement may be terminated and all compensation due hereunder shall cease as of the date of death, disability or other incapacity.
4. Compensation: As compensation for all services rendered by Umpire under this Agreement, Company shall pay Umpire the following sums:
Compensation is payable the Monday after services are rendered through direct deposit. All such compensation shall be payable without deduction, including no deduction for federal income, social security, or state income taxes.
Sport |
No. of Officials per game |
Type |
Time Limit |
Beginners |
Veteran |
BB |
1 |
Tourn. 12 & Under |
1:40 |
$65 behind plate |
$75 behind plate |
BB |
1 |
Tourn. 13U & 14U |
1:40 |
$65 behind plate |
$85 behind plate |
BB |
2 |
Tourn. 12 & Under |
1:40 |
$45 |
$55 |
BB |
2 |
Tourn. 13U & 14U |
1:40 |
$45 |
$65 |
BB |
1 |
League |
1:40 |
$45 |
$50 |
BB |
2 |
League |
1:40 |
$45 |
$50 |
FP |
1 |
Tourn - 8u |
1:00 |
$35 |
$45 |
FP |
1 |
Tournament |
1:10 |
$55 Behind plate |
$65 Behind plate |
FP |
2 |
Tournament |
1:10 |
$35 |
$45 |
FP |
2 |
Tournament |
1:30 |
$35 |
$65 |
FP |
2 |
Tournament |
7 Innings |
$35 |
$65 |
FP |
1 |
League |
1:10 |
$35 |
$40 |
5. Expenses: Umpire shall bear all of his expenses incurred in the performance of the duties as set forth herein including, but not limited to, travel, meals, equipment, uniform, and required medical care, training, etc.
6. Duties: Umpire shall hold himself available to render and shall render at the request of Company from time to time, officiating duties at the request and at locations, dates and times as communicated to Umpire by Company. No promises or representations as to the number, frequency, location, times or any other specifics as to the assignments are guaranteed by Company. Company will communicate to Umpire at least two (2) days prior to any event that Umpire is assigned to officiate at such event and if not confirmed in writing on the form supplied by Company that Umpire accepts such appointment, such assignment will be rescinded with no funds paid to Umpire and Company will then be free to assign another Umpire to officiate at such event.
7. Independent Contractor: It is expressly agreed that Umpire is acting as an independent contractor in performing his duties hereunder. The Company shall carry no Workers’ Compensation insurance or any health or accident insurance to cover Umpire. The Company shall not pay any contribution to Social Security, unemployment insurance, federal or state withholding taxes, nor provide any other contributions or benefits which might be expected in an employer-employee relationship. Umpire agrees to report and pay any contributions for taxes, unemployment insurance and Social Security.
8. Assignment: This Agreement is a personal one, being entered into in reliance upon and in consideration of the singular personal skill and qualifications of Umpire. Umpire shall therefore not voluntarily or by operation of law assign or otherwise transfer the obligations incurred on his part pursuant to the terms of this Agreement without the prior written consent of Company. Any attempted assignment or transfer by Umpire of its obligations without such consent shall be wholly void.
9. Modification of Agreement: This Agreement may be modified by the parties hereto only by a written supplemental agreement executed by both parties.
10. Notice: Any notice required or permitted to be given hereunder shall be sufficient if in writing, and if sent by registered or certified mail, postage prepaid, addressed as follows:
If to Company:
Robert L. Egr, President
Iowa USSSA Sports Officials, Inc.
2425 Hubbell Ave, Suite 105, Des Moines, IA 50317
With a Copy to:
Matthew J. Wallace
BelinMcCormick Attorneys at Law
666 Walnut Street, Suite 2000
Des Moines, IA 50309-3989
If to Umpire:
To the address written at the beginning of the Agreement or to such other address as the parties hereto may specify, in writing, from time to time.
11. Waivers: Either party’s failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions as to any future violations thereof, nor prevent that party thereafter from enforcing each and every other provision of this Agreement. The rights granted the parties herein are cumulative and the waiver by a party of any single remedy shall not constitute a waiver of such party’s right to assert all other legal remedies available to him or it under the circumstances.
12. Titles: The titles of the Sections herein are for convenience of reference only and are not to be considered in construing this Agreement.
13. Governing Law: This Agreement has been executed and delivered in the State of Iowa, and its interpretation, validity and performance shall be construed and enforced in accordance with the laws of such State, irrespective of the fact that Umpire may be or become a resident of a different State.
14. Further Assurances: The parties hereto agree to perform any further acts and to execute and deliver any further documents which may be necessary or appropriate to carry out the purposes of this Agreement.
15. Severability: If any provision of this Agreement is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, such unenforceable, invalid or illegal provisions shall not affect the remainder of this Agreement.
16. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the Company and Umpire and their respective heirs, legal representatives, executors, administrators, successors and assigns.
17. Entire Agreement: The Agreement constitutes the entire agreement between the parties and contains all of the agreements between the parties with respect to the subject matter thereof; this Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof. No change or modification of this Agreement shall be valid unless the same be in writing and signed by the Umpire and the Company. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the person or party to be charged.
18. Gender and Number: As used in this Agreement and where appropriate the masculine shall include the feminine and the singular the plural and vice versa.
19. Headings: The headings in this Agreement are inserted for convenience only and are not to be considered in construction of the provisions hereof.
20. Attorney’s Fees/Venue/Litigation Expenses: Should litigation between the parties hereto ensue, the prevailing party shall be entitled to recover from the other, in addition to any relief ordered by the Court, reasonable attorneys fees and the costs and expenses of suit. Any court action commenced between the parties shall be brought in a court of competent jurisdiction in Des Moines, Polk County, Iowa.
21. I, the undersigned, have not been the subject of any adult or child abuse investigation and/or sexual abuse investigation and represent that I have never been convicted of an offense alleging adult, child, or sexual abuse. Further, I represent and warrant that I have never been, and currently am not, listed on any registry of adult, child or sexual abusers or offenders.
22. The undersigned Umpire acknowledges by signing this Agreement that Company will register Umpire with United States Specialty Sports Association. Umpire understands that said association requires that the undersigned Umpire clear a Level One background check which will be conducted by J.D. Palatine Company. The undersigned Umpire further agrees to Company sharing all information Company has about the undersigned Umpire with said association and/or J.D. Palatine Company to assist them in the conducting of said background check and authorize J.D. Palatine Company to conduct such a background check. If, based upon the report of such a background check, the undersigned Umpire is found to not be suitable to perform the duties outlined in this Agreement or otherwise represent Company, in the sole opinion of Company; then, Company shall have the right to terminate this Agreement and refund the fee paid by the undersigned Umpire, without further notice.
23. Tardiness / No Showing: If an umpire is late to, or does not show up for game he is scheduled, the following will be instituted:
· No Call / No Show
o 1st offense: suspended for following week
o 2nd offense: suspended for rest of season
· Tardy to first scheduled game of the day
o 1st offense: ½ game fee reduction
o 2nd offense: ½ game fee reduction and written warning
o 3rd offense: ½ game fee reduction and suspended for following week
o 4th offense: ½ game fee reduction and suspended for remainder of season
24. Uniform: All umpires shall wear the official IAUSO uniform (cap, shirts, pants) at all times. All umpires shall also be in the proper protective gear.