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PERSONAL REPRESENTATION AGREEMENT
This AGREEMENT made this ____ day of___, 200__, by and between ___________________hereinafter (Player), and Randall S. Kasper Esq hereinafter (Contract Advisor) on behalf of Poker Players International.
WITNESSETH:
In consideration of the mutual promises hereinafter made by each to the other. Player and Contract Advisor agree as follows:
General Principles
This Agreement is entered into pursuant to and in accordance with all laws relating to the worldwide poker industry.
Representations
Contract Advisor represents that in advance of executing this Agreement, he has been duly certified and has had significant professional experience as a Contract Advisor.
Contract Services
Player hereby retains Contract Advisor to represent, advise, counsel, and assist Player in the securing, negotiation, execution, and enforcement of his playing and endorsement/appearance contracts related to poker and/or the poker industry. Player hereby elects to become a member of Poker Players International Team and as such retains advisor to secure and negotiate contracts relating to the Team, of which he is a member, and in doing understands that Contract Advisor shall attempt to secure benefits from endorsement on behalf of the collective Team and if successful player shall share in the distribution of proceeds of said benefits. It is expressly understood that the Contract Advisor shall be entitled to fees and expenses relating to securing benefits for Team endorsements as set forth herein.
In performing these services, Contract Advisor acknowledges that he is acting in a fiduciary capacity with highest degree of care on behalf of Player and agrees to act in such manner as to protect the best interests of Player and assure effective representation of Player in individual contract negotiations. Contract Advisor shall be the exclusive representative for the purpose of negotiating player contracts and endorsements/appearance contracts for Player. However, Contract Advisor shall not have the authority to bind or commit Player to enter into any contract without actual execution thereof by Player. The contract Advisor however in his judgment shall and may commit the Team to endorsements and contracts without the prior written consent of all Team members. In securing such endorsements the Contract Advisor shall not contract for any endorsements that are morally, politically or socially controversial or unacceptable ( i.e. websites with objectionable material, pornography etc.)
Compensation for Services
If Contract Advisor succeeds in negotiating a Contract acceptable to Player and signed by Player during the term hereof, Contract Advisor shall receive a fee of fifteen percent ( 15%) of the monetary compensation received by Player. If Contract Advisor succeeds in securing and negotiating a Contract on behalf of the Team, Contract Advisor shall receive a fee of fifteen percent ( 15%) of the monetary compensation received plus expenses as set forth herein.
Payment of Contract Advisor's Fee
Contract Advisor shall not be entitled to receive any fee for the performance of his services pursuant to this Agreement unless and until Player receives the monetary compensation upon which the fee is based. However, Player may enter into an agreement with Contract Advisor to pay any fee attributable to deferred compensation due and payable to Player in advance of when the deferred compensation is paid to Player, provided that Player has performed the services necessary under his contract to entitle him to the deferred compensation, and such agreement is in writing
Expenses
All contract Advisor's expenses are inclusive in contract advisors fee for services relating to personal endorsements. Advisor shall be reimbursed for all reasonable and necessary expenses ( i.e. telephone , postage, travel ) in connection with the procurement of revenue generated relating to payments for Team Poker Player International. Reimbursement for Team PPI expenses and fees shall retained and deducted from revenues prior to disbursement with an itemization of all fees and expenses to be provided to all Team PPI members.
Disclaimer of Liability
Player and Contract Advisor agree that they are not subject to the control or direction of any other person with respect to the timing, place, manner or fashion in which individual negotiations are to be conducted pursuant to this Agreement..
Disputes
Any and all disputes between Player and Contract Advisor involving the meaning, interpretation, application, or enforcement of this Agreement or the obligations of the parties under this Agreement shall be resolved exclusively through arbitration.
Notices
All notices hereunder shall be effective if sent by certified mail, postage prepaid to the following addresses. If to the Contract Advisor: 1250 Highway 34 Suite 55 Aberdeen Township, NJ 07747. If to the player at the address supplied by player in application process.
Entire Agreement
This Agreement, sets forth the entire agreement between the parties hereto and cannot be amended, modified or changed orally. All such changes must be in writing and signed by the parties.
Term
The term of this Agreement shall begin on the date hereof and shall continue for the term of any player contract secured by player advisor and executed pursuant to this Agreement; provided, however, that either party may terminate this Agreement effective five (5) days after written notice of termination is given to the other party. Notice shall be effective for purposes of this paragraph if sent by certified mail, postage prepaid, return receipt requested to the appropriate address contained in this Agreement.
Governing Law
This Agreement shall be construed, interpreted and enforced according to the laws of the State of New Jersey.
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