This Standard Player Contract (the “Agreement”) is entered into by and between
LVD International, LLC, a Nevada limited liability company (“LVD”), and NOLAN SMITH
(the “Player”), as of the 16TH day of SEPTEMBER, 2015.
Subject to the terms and conditions of this Agreement, LVD wishes to employ Player,
and Player wishes to serve, as a skilled basketball player for the AMERILEAGUE, a semiprofessional basketball league owned by LVD. For purposes of this Agreement, “Team” shall
refer to LVD and/or any of its designees, as may be determined by LVD in its sole discretion.
The parties agree as follows:
1. Player’s Services.
(a) The term of this Agreement shall commence on the date it is fully-executed and end on the
31ST day of JANUARY, 2016, subject to earlier termination in accordance with Section 3
hereof (the “Term”).
(b) During the Term, the Player shall: (i) attend and participate in any tryout or training camp
scheduled by the Team during the Preseason (as defined below); (ii) attend and participate in all
practices, shoot arounds and meetings scheduled by the Team; (iii) attend and participate in all
games the Team is scheduled to play; (iv) play basketball exclusively for the Team; (v) if
requested, attend and participate in any All-Star Game and/or associated skills competitions; (vi)
participate in any exhibitions, tours or tournaments during the Regular Season (as defined below)
or Postseason (as defined below), and attend and participate in any activities related thereto; (vii)
if invited, attend and participate in any exhibitions, tours or tournaments during the Offseason (as
defined below), and attend and participate in any activities related thereto; (viii) attend and
participate in any mandatory programs scheduled by the Team; (ix) cooperate with all reasonable
requests of the news media, which shall include making himself available for, and participating
in, interviews; (x) upon the request of the Team, consent to the wearing of a wireless camera
and/or microphone and/or wearable performance monitoring device during any Team-related
activity, including, without limitation, training camps, practices and/or games; and (xi) perform
any other services reasonably requested by the Team. For purposes of this Agreement, (i)
“Preseason” shall mean the period beginning on the first day of the team training camps and
continuing through the day before the first regular season game is played; (ii) “Regular Season”
shall mean the period beginning on the day the first regular season game is played and
continuing through the day the last regular season game is played; (iii) “Postseason” shall mean
the period beginning on the day after the last regular season game is played and continuing
through the date which is two (2) weeks after the date on which the last Postseason game is
played; and (iv) “Offseason” shall mean the period of time during the Term other than the
Preseason, Regular Season or Postseason.
(c) During the Term, the Player shall make himself available in a timely manner for participation
in charitable, promotional and commercial appearances when requested by the Team. The Team
may require the Player to appear at, and participate in, events including, but not limited to,
sponsor promotions, clinics, autograph signing sessions, public service or charitable
announcements, award shows and hospitality events. The Player shall fully disclose, and submit,
to the League all endorsement, promotional, sponsorship, licensing and other agreements relating
to his Player Attributes (as defined in Section 9 hereof) including, without limitation, all
agreements with respect to footwear, to which he is a party as of the date of his execution of this
Agreement, and pursuant to which a person or entity retains certain rights, and the Player shall
not enter into any such agreements during the Term that would prevent the Player from
complying with his obligations hereunder, interfere with his performance of such obligations or
otherwise impair the rights granted by the Player to the Team pursuant to this Agreement.
(d) The Player shall perform his services under the Agreement at such times and locations as may
be designated by the Team. The Player recognizes, understands and agrees (i) that this Agreement
may be assigned by the Team to any successor to any portion of the Team’s assets and may
be collaterally assigned, pledged or hypothecated to any third party, and (ii) that he may be
required to relocate in order to fulfill satisfactorily his duties under this Agreement.
2. Compensation and Benefits.
(a) As full compensation for his services under this Agreement and the rights granted to the Team
under this Agreement, the Player shall receive a base salary of SEVENTY-FIVE THOUSAND
Dollars ($75,000) (“Base Salary”) for the 2015-16 Term, which shall be payable in (4) payments,
beginning with the first of said payments on the 25TH day of OCTOBER, 2015, and continuing
with such payments on the fifteenth of each month until said Compensation is paid in full. No
Player shall begin receiving his base salary until he has passed the medical examination referred
to in Section 8(a) below.
(b) Notwithstanding Section 2(a) above, in the event (i) the Agreement is terminated pursuant to
Section 3 hereof, (ii) the Player is suspended or expelled pursuant to Section 7 hereof, or (iii) the
Player signs a playing contract with an NBA team.
(c) The Player shall be provided with housing or, in the sole discretion of the Team, a monthly
housing allowance of One Thousand Dollars ($1,000.00), during the Season.
(d) Except when meals are provided, the Player shall receive a per diem allowance in the amount
of Thirty Dollars per day ($30.00) during the Preseason, and during Season and Postseason when
traveling with the Team outside of the city in which the Team is based.
(e) The Player shall receive such additional benefits (including health insurance). The Player’s
eligibility to participate in any benefit plans offered by the Team shall be governed by the terms
and conditions of the particular plans, as such terms and conditions may be amended from time to
time in the sole discretion of the Team.
3. Termination.
(a) In the event of an alleged default by the Team in the payments to the Player provided for in
this Agreement, or in the event of an alleged failure by the Team to perform any other material
obligation that it has agreed to perform hereunder, the Player shall notify the Team in writing of
the facts constituting such alleged default or alleged failure. If the Team shall not cause such
alleged default or alleged failure to be remedied within ten (10) business days after receipt of
such written notice, the Player shall have the right, by a further written notice to the League, to
terminate this Agreement.
(b) The Team may terminate this Agreement at any time without further obligation on the part of
either party, upon written notice to the Player or his representative (either delivered personally to
the Player or his representative or sent to the Player and/or his representative in accordance with
Section 16 below), if, in the sole opinion of the Team: (i) the Player fails, or refuses to submit to,
a general background check; (ii) the Player fails, or refuses to submit to, a medical examination;
(iii) the Player fails to exhibit sufficient skill or competitive ability to qualify to continue as an
LVD player; (iv) retention of the Player is not consistent with the developmental goals, or
financial plans or needs, of the Team; (v) the Player fails to keep himself in first class physical
condition; (vi) the Player misrepresents a material fact about himself, his background, or his
ability to render Player services as set forth under this Agreement; (vii) the Player fails to conduct
himself, both on and off the court, according to the highest standards of honesty, morality,
citizenship, fair-play and sportsmanship and in a manner befitting his position as a representative
and promoter of the Team and the sport of basketball; (viii) the Player violates any Team rule or
regulation, including, without limitation, any rule or regulation set forth in Section 7 below; or
(ix) the Player otherwise breaches this Agreement, including, without limitation, by failing,
refusing or neglecting to render the services called for by this Agreement.
(c) Upon Player’s request, the Team may, in its discretion, terminate the Agreement upon
receipt of the early termination fee (“Early Termination Fee”). In the event the Team grants
such a request for the Player, however, the Team will not terminate the Contract until it has
received the Early Termination Fee, which fee shall in the amount of Three Hundred Fifty
Thousand Dollars ($350,000.00).
4. Offseason Play.
Notwithstanding any provision to the contrary herein, the Team may, in its sole discretion, waive
the exclusivity provision set forth in Section 1(b) above with respect to the Offseason so that
Player shall be free to play basketball during such Offseason for any (i) NBA team; or (ii) other
league or team provided the Player obtains prior written consent from the Team.
5. Exhibitions, Tours or Tournaments.
(a) Pursuant to Section 1(b)(vii) above, if invited by the Team, the Player shall play in any
exhibition, tour or tournament, and participate in any activities related thereto, during the Season
without compensation additional to that set forth in Section 2(a).
(b) Pursuant to Section 1(b)(viii) above, if invited by the Team, the Player shall play in any
exhibition, tour or tournament, and participate in any activities related thereto, during the
Offseason for Five Hundred Dollars per week ($500.00) or such higher amount as the Team may
determine.
6. Representations and Warranties.
The Player represents, warrants, covenants and agrees as follows:
(a) That he has satisfied all applicable eligibility requirements of subsection (1) below and one of
the requirements of subsection (2) below: (1) The player is or will be at least eighteen (18) years
of age at time of signing this Agreement.
(b) that as of the date of his execution of this Agreement (i) he is physically able to perform the
services required hereunder; and (ii) he does not suffer from any condition that might reasonably
prevent him from rendering the services called for by this Agreement;
(c) that he is free to enter into and perform this Agreement in accordance with its terms and, by
doing so, he is not (and will not) violate any other agreement to which he is a party or by which
he is (or, during the Term, will become) bound;
(d) that he has disclosed and submitted to the Team all endorsement, promotional, sponsorship,
licensing and other agreements relating to the Player’s Attributes (as defined in Section 9),
including, without limitation, all agreements with respect to footwear, to which he is a party as
of the date of his execution of this Agreement, and pursuant to which a person or entity retains
certain rights, and that copies of all such pre-existing agreements are attached;
(e) that he does not, and will not during the Term: (i) either directly or indirectly, own or hold any
interest in any basketball team or league; or (ii) hold any non-playing position with any other
basketball team or league;
(f) that he has not entered, and will not during the Term enter, into any agreement or arrangement
that would preclude, interfere with or otherwise impair the exercise by the Team of any of the
rights granted herein;
(g) that he will not play, and is not and will not become obligated to play, basketball for any
entity other than the Team during the Term unless the Player has obtained prior written consent
from the Team; and
(h) that he will not during the Term enter into any endorsement, promotional, sponsorship or
licensing agreement, including, without limitation, an agreement with respect to footwear or
perform any endorsement, promotional, sponsorship or licensing services, or grant rights to his
Player Attributes (as defined in Section 9), unless he obtains prior written consent from the Team.
7. Rules, Regulations and Discipline.
(a) The Player shall: (i) give his best services, as well as his loyalty, to the Team, and play
basketball only for the Team and its assignees (unless otherwise permitted by the Team); (ii) be
neatly and fully attired in public; (iii) conduct himself, both on and off the court, according to the
highest standards of honesty, morality, citizenship, fair-play and sportsmanship and in a manner
befitting his position as a representative and promoter of the Team and the sport of basketball;
(iv) comply with all applicable federal, state and local laws and regulations; (v) report to the
Team any attempt by any person to give or receive money or anything of value to fix, throw or
otherwise affect the outcome, score or any other aspect of any Team game other than on its
merits; and (vi) comply with all other rules and regulations set forth by the Team.
(b) The Player shall not: (i) engage in violent conduct, including, without limitation, sexual
assaults or acts of domestic violence; (ii) use, possess or distribute drugs, alcohol or any other
harmful substance; (iii) attempt to fix, throw or otherwise affect the outcome, score, or any other
aspect of any Team game other than on its merits (or authorize or induce or attempt to induce any
person or entity acting in association with, or on behalf of, him to do so); (iv) bet, or offer or
attempt to bet, money or anything of value on the outcome, score or any other aspect of any Team
game (or authorize or induce or attempt to induce any person or entity acting in association with,
or on behalf of, him to do so); (v) disclose any non-public information concerning the Team to
any person not authorized by the Team to receive it; (vi) directly or indirectly entice, induce or
persuade, or attempt to entice, induce or persuade, any player or coach on the Team to enter into
negotiations for, or relating to, his services as a basketball player or coach, nor shall he negotiate
for or contract for such services, except with the prior written consent of the Team; or (vii) make,
issue, authorize or endorse a statement, or otherwise engage in conduct that, in the sole and
absolute discretion of the Team: (x) has (or is designed to have) an effect detrimental or
prejudicial to the best interests of basketball or the Team; or (y) adversely affects or threatens to
affect adversely the business interests of the Team or public respect for, or trust in, the reputation
and integrity of the Team.
(c) In the event the Player violates Section 7(a) or (b) hereof, or otherwise breaches this
Agreement, the Team shall have the right to terminate this Agreement without further obligation
and/or to discipline the Player. Such discipline may include, without limitation, fines,
suspensions, liability for any damages the Player has caused the Team or third parties and/or
permanent expulsion from the Team. Any suspension imposed by the Team shall be without pay.
(d) The Player expressly authorizes the Team to deduct from any amount otherwise due to the
Player the amount of any fine imposed by the Team and to withhold from his salary such amounts
as may be attributable to any game(s) missed due to any suspension or to any damages the Player
has caused the Team or third parties. If, at the time the Player is fined or causes damage, the
amount due him pursuant to this Agreement is not sufficient to cover such fines or damages, then
the Player agrees to pay promptly to the Team the amount of the shortfall.
8. Physical Condition, Medical Examinations, Injuries and Drug Testing.
(a) Prior to the start of the Player’s participation in Team training camps and/or games, and at
any other time reasonably requested by the Team, the Player shall submit to a complete medical
examination by a physician, hospital, laboratory, clinic, or other health care provider
(collectively, a “Health Care Provider”) designated and/or approved by the Team and shall
answer completely and truthfully all questions asked of him with respect to his physical,
emotional and mental condition.
(b) The Player agrees to promptly notify the Team’s coach, trainer or physician of any
illness, injury or condition contracted or suffered by him which may impair or otherwise affect,
either immediately or over time, his ability to play skilled basketball.
(c) Should the Player suffer an injury or illness during the Term, he shall submit himself to a
medical examination and treatment by, or at the direction of, a Health Care Provider designated
(and/or approved in writing) by the Team. Such examination and treatment when made at the
request of the Team shall be paid for by the Team, unless such examination and/or treatment
is made necessary by the Player’s negligent conduct or by some act or conduct of the Player
contrary to the terms of this Agreement. The Team’s obligation under this paragraph shall be
reduced by any applicable workers’ compensation insurance (which, to the extent permitted
by law, shall be deemed as having been assigned to the Team) and any insurance paid or
payable to the player by reason of such injury.
(d) In addition to the League’s rights pursuant to Section 3(b) above, if, in the judgment of the
Health Care Provider, the Player at any time during the Term is not in first class physical
condition (unless such condition results directly from an injury sustained solely as a direct result
of rendering playing services for the Team during the Preseason, Regular Season or Postseason,
and such injury is not an aggravation of a pre-existing injury), so as to render the Player unfit to
play skilled basketball, the Team shall have the right, in its sole and absolute discretion, to fine
the Player, to suspend the Player until such time as the Physician determines that the Player is in
good physical condition and/or to terminate this Agreement.
(e) Player expressly authorizes any Health Care Provider who has examined the Player as
provided hereunder to share the results of the examination(s) with the League and/or any League
designee(s). Player agrees to sign any authorizations as may be requested by the League to
facilitate the disclosure of the results of any examination or information concerning any injury,
illness or medical condition of the Player.
(f) The Player hereby acknowledges receipt of the terms of a Anti-Drug Program, as set forth in
Exhibit XX, and agrees to be subject to all of the provisions thereof (including, but not limited to,
those relating to testing).
9. Pictures, Likenesses, Endorsements and Promotions.
(a) The Player agrees that the Team has the perpetual worldwide right to use and/or distribute
and/or to license others to use and/or distribute Pictures (as defined below) of any performances
or services by the Player (or excerpts or portions thereof) and/or any of his Player Attributes (as
defined below) for any promotional or commercial purpose, including but not limited to: (i) in
connection with any Team-authorized or Team-distributed Picture, broadcast, telecast,
compucast, cassette, cartridge, recording, or any other electronic, analog or digital form of
content (e.g., audio, video, data or images) distributed, transmitted or stored in any manner
(including, but not limited to, any content distributed over, or stored on, the Internet), whether
now known or hereafter created and whether live or on a delayed or taped basis; (ii) in connection
with any form of trade or consumer promotion or advertising; and (iii) on or in connection with
any product, Premium (as defined below) or service.
(b) In connection with the Team’s rights under subsection (a) above, the Player agrees: (i)
that the League shall have the right to take or create (or have taken or created) Pictures and/or
other depictions or likenesses of the Player; and (ii) to make himself available to have his Picture
taken and/or other depiction or likeness created, individually or with others, at such times and
places as the League shall designate. The Player agrees that all rights in such Pictures and/or
other depictions or likenesses shall belong exclusively and in perpetuity to the League and that
the League may use such Pictures or likenesses for any purpose.
(c) (i) The Player agrees not to license his Player Attributes (and represents that he has not, as of
the execution of this Agreement, licensed his Player Attributes to a person or entity that still
retains rights to such attributes, other than pursuant to an agreement listed on Exhibit 2) for use
during the LVD Season covered hereunder to any person or entity other than an official Team
sponsor or licensee. (ii) The Player agrees not to license his Player Attributes (and represents that
he has not, as of the execution of this Agreement, licensed his Player Attributes to a person or
entity that still retains rights to such attributes, other than pursuant to an agreement listed on
Exhibit 2) for use during the Offseason covered hereunder (x) to any person or
entity (other than an official League sponsor or licensee) engaged in a product or service category
in which another Team sponsor or licensee is also engaged or (y) in a manner that, in the
League’s sole opinion, suggests or implies an association between the Player (or any person or
entity), on the one hand, and the Team, another player or Team-related accomplishment (e.g.,
champion, leading scorer, or MVP), on the other hand.
(d) All endorsement, promotional, sponsorship, licensing or other agreements relating to
the Player’s Attributes (including, without limitation, all agreements with regard to footwear)
entered into by the Player during the Term must (i) include an express provision subjecting such
agreement to this Agreement and (ii) be submitted to the League and approved by the League
before taking effect.
(e) Notwithstanding anything to the contrary herein, the Player may not appear in any form of
trade or consumer promotion or advertising during the Term: (i) without the Team’s prior
written consent, (ii) that suggests or implies an association between the Player (or any person
or entity), on the one hand, and the Team, another player or Team-related accomplishment, on the
other hand, or (iii) that violates any provision of this Agreement.
(f) The Player agrees to wear all apparel, and only such apparel, supplied by the Team (including
basketball shoes, if supplied) for all shoot-arounds, practices, games, press conferences,
appearances or other League events (collectively, “Team Events”) and shall not alter the
appearance of such apparel or cover any name, logo, symbol or emblem on such apparel.
Notwithstanding the preceding sentence, the Player may wear manufacturer logo-identified shoes
during Team Events as long as such manufacturer is a footwear supplier that has entered into an
agreement with the Team (an “Authorized Team Footwear Supplier”) and the Player has a
Qualifying Shoe Deal (as defined below) with such manufacturer. If the Player has a Qualifying
Shoe Deal with a manufacturer that is not a Team Footwear Supplier, then the Player may
wear that manufacturer’s shoes during Team Events but without any visible manufacturer logo
or identification. If the Player does not have a Qualifying Shoe Deal, then the Player must wear
the shoes supplied by the Team’s designated supplier during Team Events.
(g) For purposes of this Section 9: (i) “Pictures” shall mean all forms of audio, video, data or
image reproduction or transmission whether now existing or hereafter created including, but
not limited to, still photographs, motion pictures, videocassettes, television images, CD-ROM and
digital disc. (ii) “Player Attributes” shall mean the Player’s name, nickname, Picture, portrait,
image, signature, voice (including, without limitation, voice picked up by microphone) or other
identifiable attributes and, to the extent that he has rights therein, biographical data. (iii)
“Premium” shall mean anything given free or sold at substantially less than its usual selling
price for the purpose of increasing the sale of, or publicizing, any product or service, or other
giveaway or promotional purpose. (iv) “Qualifying Shoe Deal” shall mean a bona fide exclusive
agreement with a shoe manufacturer approved by the Team that has been filed with the Team at
least fourteen (14) days before the start of team training camps, or within ten (10) days if the
Player signs after that time.
(h) Without limiting the Team’s rights in any manner, the Player acknowledges that the
Team shall have the right to assign its rights under this Section 9.
10. Hazardous Activity and Other Athletic Activities.
The Player and the Team acknowledge and agree that the Player’s participation in sports or
hazardous activities may impair or destroy his ability and skill as a basketball player.
Accordingly, the Player agrees that he will not, without the prior written consent of the Team,
engage in any sport or activity that may endanger his health and safety (including, but not limited
to, motorcycling, moped or motorized scooter riding, auto racing, sky-diving, bungee-jumping,
hang-gliding, inline skating, skiing, boxing, wrestling, football, soccer, baseball, ice hockey, or
lacrosse). Nothing contained in this Agreement shall be intended to require the Player to obtain
the prior written consent of the Team in order to participate, as an amateur, in the sports of golf,
tennis, handball, swimming, weight training, aerobics, distance running, hiking, biking, softball or
volleyball.
12. Release and Covenant Not to Sue.
The Player understands and acknowledges that dangers of personal injury are inherent in
participating in the sport of basketball whether in a game, scrimmage, training session, clinic or
demonstration, and expressly and voluntarily assumes all risk of death or personal injury
sustained while participating in such activities, including the risk of hidden, latent or obvious
defects in any of the facilities or equipment used. The Player acknowledges the possibility that he
or his successors may not fully know the number or magnitude of all the potential liabilities,
claims, demands or causes of action (together, “Claims”), but nevertheless intends to assume
the risk of such death or personal injury. The Player also forever releases, discharges, and
covenants not to sue LVD International LLC, other Team players, their respective designees, and
each of the officers, directors, governors, managers, employees, agents (including medical
personnel), shareholders, members, trustees, partners, affiliates, and representatives of each of the
Released and Covenanted Parties from any and all Claims that he may now or
hereafter have for injury or damages arising out of the performance of his duties under this
Agreement (including, without limitation, any injuries or damages from any fighting or other
form of violent and/or unsportsmanlike conduct occurring during the course of any Team
competition on or in or adjacent to the playing floor or any facility used for a Team competition).
The Player acknowledges that this release, discharge, and covenant not to sue is intended to be
binding on the Player’s heirs and assigns.
13. Unique Skills.
The Player represents and agrees that he has extraordinary and unique skill and ability as a
basketball player, that the services to be rendered by him under this Agreement cannot be
replaced or the loss thereof adequately compensated for in money damages, and that any breach
by the Player of this Agreement will cause irreparable injury to the Team and to its assignees.
Therefore, if it is alleged by the Team that: (i) the Player is playing, attempting or threatening to
play basketball for any person, firm, corporation or organization, other than the Team during
the Term; (ii) the Player is negotiating or attempting to negotiate an agreement (other than an
agreement with an NBA team) with a Third Party that may preclude the Player from playing for
the Team during the Term; or (iii) the Player has agreed, or has entered into an agreement, with a
Third Party that may preclude Player from playing for the Team during the Term, and the
Player has not obtained prior written consent from the League, then, in each case, the Team or its
assignees (in addition to any other remedies that may be available to them under this Agreement
or applicable law) shall have the right to obtain from any court or arbitrator having jurisdiction
such equitable relief as may be appropriate, including a decree enjoining the Player from any
further such breach of this Agreement and/or enjoining the Player from playing basketball for any
Third Party during the Term, without the necessity of posting a bond or other security or proving
actual damages. In any suit, action, or arbitration proceeding brought to obtain such relief, the
Player hereby waives his right, if any, to trial by jury, and, to the maximum extent permitted by
applicable law, waives his right, if any, to interpose any counterclaim or set-off for any cause
whatsoever.
14. Dispute Resolution.
Except for an action brought pursuant to Section 13 above, the parties agree that all disputes,
claims or controversies between the Player and the Team relating to or arising out of the
Player’s employment or termination of employment (including, but not limited to, disputes
relating to compensation, benefits, bonuses, or discipline) that either party otherwise could have
attempted to resolve in state or federal court or in another governmental dispute resolution forum
shall be resolved solely and exclusively in accordance with the Grievance and Arbitration
Procedures set forth in the Player Handbook.
15. Workers’ Compensation.
The Team shall provide workers’ compensation coverage or its equivalent for injuries
sustained by Player while in the course and scope of his employment. The Team’s agreement
to provide such coverage or its equivalent is made, and any resulting workers’
compensation benefits shall be provided solely, under the laws of the State of Nevada
(regardless of the law that might otherwise apply under applicable Nevada principles of conflict
of laws). Likewise, all issues of law, issues of fact, and matters related to such workers’
compensation benefits shall be exclusively determined by and exclusively decided in accordance
with the laws of the State of Nevada, without resort to choice of law rules.
For purposes of jurisdiction of workers’ compensation claims, jurisdiction shall be limited to
Nevada, the state of principal residence of Player at the time of execution of the Agreement or the
state in which the Team is domiciled. For the avoidance of doubt, in no event shall Player or
Team have a choice of jurisdictional venue based on Player’s temporary employment or service
in other states or jurisdictions. Any compensation paid to Player under this contract for a
period during which he is entitled to workers’ compensation benefits by reason of temporary
total, permanent total, temporary partial, or permanent partial disability will be deemed an
advance payment of workers’ compensation benefits due Player, and the Team will be entitled
to be reimbursed the amount of such payment out of any award of workers’ compensation.
16. Notices.
All notices given or required to be given pursuant to this Agreement shall be sent by facsimile,
regular mail, or overnight delivery and shall be deemed to have been sent on the date faxed,
mailed or received by the delivery service.
(a) Notices to the Team shall be sent to the attention of AMERILEAGUE at the following
address:
7730 W. Sahara Avenue
Suite 115
Las Vegas, Nevada 89117
(b) Notices to the Player shall be sent to the address of the Player and/or his representative as set
forth below under their respective names.
17. General Matters.
(a) This Agreement (including all exhibits, regulations or other policies of the Team as are
expressly referred to in this Agreement, or as may be established and/or revised by
the Team from time to time, constitute the sole and entire agreement among the parties and
supersede all prior agreements, negotiations and discussions between the parties to this
Agreement and/or their representatives. Any amendment to this Agreement must be in a writing
that specifically refers to this Agreement and is signed by the parties. The Player expressly
acknowledges that no promises or commitments have been made other than those set forth in this
Agreement.
(b) This Agreement shall be construed according to the laws of the State of Nevada, without
regard to its conflicts of law principles. If any portion of this Agreement shall be deemed invalid
or unenforceable by any court having jurisdiction, the court shall have the discretion to modify
the provision to the extent necessary to make it valid or enforceable and the provision (as so
modified), and the balance of this Agreement, shall remain in effect and shall be enforced to the
maximum extent permitted by law.
(c) Player shall not (nor shall he permit or cause his agents, representatives or employees to)
divulge, disseminate or publicize information relating to this Agreement or the financial or other
terms of this Agreement to any third party (other than their respective agents, attorneys or
accountants), except as may be required by law or to fulfill the terms of this Agreement. In the
event Player is required by law to publicly disclose any of the terms of this Agreement, Player
must immediately provide written notice to the Team and use best efforts to obtain confidential
treatment from the applicable government or judicial authority or, if such confidential treatment
cannot be obtained, Player must redact all sensitive information from the information to be
publicly disclosed.
(d) The intent of the parties is that payments and benefits under this Agreement comply with
Internal Revenue Code Section 409A and the regulations and guidance promulgated
thereunder (collectively “Code Section 409A”) and, accordingly, to the maximum extent
permitted, this Agreement shall be interpreted to be in compliance therewith. To the
extent that any provision hereof is modified in order to comply with Code Section 409A, such
modification shall be made in good faith and shall, to the maximum extent reasonably possible,
maintain the original intent and economic benefit to the Employee and the Company of the
applicable provision without violating the provisions of Code Section 409A. In no event
whatsoever shall the Company be liable for any additional tax, interest or penalty that may be
imposed on the Employee by Code Section 409A or damages for failing to comply with Code
Section 409A.
EXAMINE THIS AGREEMENT AND ALL EXHIBITS CAREFULLY BEFORE SIGNING
AGREED TO AND ACCEPTED:
The Player: Representative of Player (if any):
Signature: Signature:
Full Name (print): Full Name (print):
Street Address: Street Address:
City, State & Zip: City, State & Zip:
Telephone #: Telephone #:
Fax #: Fax #:
Social Security #:
LVD International, LLC:
By:
Title:
EXHIBIT X: LVD STANDARD FINE SCHEDULE
Violation Fine:
Late for Team Transportation: $50
Miss Team Transportation: $250 + pay own way
Violate Curfew: $50
Late for Medical Appointment: $50
Miss Medical Appointment: $100
Failure to Promptly Report an Injury, Illness or Condition: $100
Failure to Follow Medical Instructions: $100
Failure of Injured Player to Attend Practice: $50
Late Reporting to Locker Room Prior to Game: $100
Miss Game: $500 + one game’s pay
Late for Team Function/Practice/Meeting: $50
Miss Team Function/Practice/Meeting: $100
Late for Team Marketing or Promotional Appearance: $100
Miss Team Marketing or Promotional Appearance: $250
Late for Player Program: $100
Miss Player Program: $250
Failure to Pay Hotel Incidentals: $50 + incidental charges
Failure to Wear Prescribed Apparel: $100
Failure to Abide by Team Dress Code: $50
Failure to Cooperate with Reasonable Media Requests: $250
Improper Bench Conduct/Team Insubordination: up to $500
EXHIBIT XX: LVD ANTI-DRUG PROGRAM
The following is a summary of terms of the LVD’s Anti-Drug Program (the “Program”). The
Program is applicable to all players signing an LVD Standard Player Contract (“Contract”), and
as such, should be read carefully by all such players and their representatives.
INTRODUCTION
The League is committed to presenting a positive image to its fans and to providing a safe,
healthy and productive work environment. All LVD players hereby acknowledge that the use of
drugs and alcohol by players may reflect poorly on the League and may also create a variety of
workplace problems, including decreased performance, increased injuries and decreased player
morale. The Program has been designed to deter drug use and to detect substance abuse problems.
ADMINISTRATION OF PROGRAM
The Program will be directed and administered by LVD in consultation with a physician
knowledgeable in the field of drug testing and substance abuse (the “Medical Advisor”).
GENERAL POLICY
It shall be a material breach of a Contract to: (i) use, possess or distribute illegal drugs; (ii) use,
possess or distribute legal drugs without the proper medical authorization; (iii) use, possess or
distribute steroids, performance-enhancing substances and/or masking agents (“SPEDs”); or
(iv) excessively consume alcohol. The drugs and substances banned by LVD and, which are
therefore “Prohibited Substances,” include, without limitation: amphetamines and their
analogs (including but not limited to methamphetamine and MDMA), benzodiazepines (including
but not limited to Xanax and Valium), cocaine, gamma hydroxybutyrate (GHB), ketamine, LSD,
opiates (including but not limited to heroin, codeine, morphine, hydrocodone, and oxycodone),
phencyclidine (PCP) (collectively, “Drugs of Abuse”); marijuana and its by-products; SPEDs;
and diuretics. The full list of Prohibited Substances is set forth below. Any SPEDs that are
subsequently declared illegal will be automatically added to the Program. The determination that
a player has violated this policy shall be in the sole discretion of LVD after consultation with the
Medical Advisor and shall be based on any relevant factors, including, but not limited to, drug
testing, court records, accident reports, witness observations, and any other evidence deemed
reliable by the League. Except as otherwise noted below, LVD will terminate the Contract of any
player who violates this policy.
TESTING
All players may be tested – using urinalysis or other forms of testing deemed appropriate by the
Medical Advisor – for Prohibited Substances as follows:
At least one (1) time during each Team season (including training camp, pre-season, regular
season, and postseason);
Randomly (and unannounced) at any time during the Team Season (as defined in the Contract);
and
Whenever the Team has reasonable cause for believing that a player has used, possessed, or
distributed a Prohibited Substance.
Refusal, Delay or Alteration
Any player who refuses to submit to a drug test, delays such test for more than two (2) hours, or
deliberately tries to alter the results of such test, shall be deemed to have violated the Program
and shall be in breach of his Contract.
Crimes Involving Prohibited Substances
Any player who is convicted of, or pleads guilty, no contest, or nolo contendre to a crime
involving the use, possession, or distribution of a Prohibited Substance shall be deemed to have
violated the Program and shall be in breach of his Contract.
Urine Collection Procedures
All specimens will be screened and tested through scientifically accepted analytical techniques.
For breath, blood and other testing, the Medical Advisor will determine testing techniques.
Laboratory Analysis
Laboratories selected by the Team in consultation with the Medical Advisor will analyze all tests.
Positive Tests
A test will be considered “positive” for a Prohibited Substance under any of the following
circumstances: (i) if the test is for a Prohibited Substance other than a SPED or diuretic and it is
confirmed by a laboratory analysis at the levels established at the time of the test by the
Substance Abuse and Mental Health Services Administration (“SAMHSA”), provided, however,
if there is no confirmatory level established by SAMHSA for one or more of such Prohibited
Substances at the time of the test, then the level for such Prohibited Substances will be
established by the Team in consultation with the Medical Director; (ii) if the test is for a SPED,
and it is confirmed by laboratory analysis at any detectable level or at the level established the
Team, in consultation with the Medical Advisor; or (iii) if the test is positive for a diuretic and is
confirmed by laboratory analysis at any detectable level.
PROCEDURES IN RESPONSE TO A POSITIVE TEST
Notification to Player
On receipt of a positive test for a Prohibited Substance, the player will be notified of his results
and his rights to request a test of the “B” sample of his specimen and/or to establish a legitimate,
alternate medical explanation for the result.
Test of “B” Sample
Any player notified of a positive test for a Prohibited Substance may, within five (5) days of such
notification, request a confirmatory test of the split or “B” sample of his specimen. Such
confirmatory test will be promptly performed at the player’s expense by a Medical Advisorchosen lab.
Medical Review of Test Result
In the case of a Drug of Abuse, SPED or Diuretic, if a player’s confirmatory “B” sample test
comes back positive, the Medical Advisor will perform a medical review of the test result. The
player is responsible for providing documentation that he has legitimate, alternate medical
explanation for the test result. If the player can provide such an explanation (including
appropriate supporting documentation), the test result will be deemed “negative” for the
purposes of the Program. If the player cannot provide such an explanation, the test result is
“positive.”
DRUGS OF ABUSE AND SPEDs
If a player tests positive for a Drug of Abuse, SPED or Diuretic, the League will immediately
terminate the Contract, or take such other action that it deems appropriate in its sole discretion
(including, but not limited to, testing such player again within approximately thirty (30) days after
the initial positive test result). If any subsequent test ever performed on the player by the Team is
positive for the same Prohibited Substance, the League will terminate the player’s Contract.
MARIJUANA
If a player tests positive for marijuana and/or one of its by-products, the player will be subject to
the following discipline:
For the first such positive test, the player will be fined $1000 and subject to additional testing (as
determined by the Team in its sole discretion);
For the second such positive test, the player will be suspended for five (5) games without pay and
subject to additional testing (as determined by the League in its sole discretion);
For the third such positive test, the Team will immediately terminate the Contract.
The Team may also take such other action that it deems appropriate in its sole discretion.
Positive tests accrue irrespective of the season in which the test occurred (i.e., if a player tested
positive once in 2015-16 and once in 2016-17, the 2016-17 positive test shall be treated as a
second positive test).
ALCOHOL
The Team recognizes that alcohol is a legal substance. Nonetheless, when consumed to excessive
levels, alcohol poses a serious threat to the health and safety of players and other persons. In
addition, high alcohol consumption may indicate a substance abuse problem of significant
magnitude. Accordingly, the following procedures will be in effect concerning alcohol
consumption. Players believed to have consumed alcohol in excessive amounts will be evaluated
under the direction of the Medical Advisor or his designee. The results of such medical evaluation
will be furnished to the League for appropriate discipline and other action in the League’s sole
discretion. For this purpose, consumption of excessive alcohol may be shown by arrest for
alcohol-related offenses or other evidence deemed reliable by the Medical Advisor or the League.
Players convicted of an alcohol-related offense, such as driving while intoxicated or impaired, or
who are subject to deferred adjudication (or similar arrangement) for such an offense, will be
disciplined by the League within its sole discretion.
CONFIDENTIALITY
All actions taken under the Program will respect the confidentiality of players. Information may,
however, be released at the discretion of the Team. The Team may also disclose to the
player’s coach, media and/or to the public the reason for any disciplinary action taken against any
player based on a violation of the Program.
INTERPRETATION
It is intended that these guidelines conform to the Americans with Disabilities Act and all other
applicable state and local laws and, if there is found to be a conflict, they shall be interpreted to
conform to such laws.
NOTICES
A copy of the Program will be distributed to all players and will be available for review by all
prospective new players. The Team reserves the right to amend the Program at any time. A copy
of any new Program will be provided to all players.
LIST OF PROHIBITED SUBSTANCES
A. Drugs of Abuse
Amphetamine and its analogs (including, but not limited to, Methamphetamine and MDMA)
Benzodiazepines:
Alprazolam (also called Xanax or Niravam)
Chlordiazepoxide (also called Librium, Mitran, Poxi or H-Tran) Clonazepam (also called
Klonopin,
Ceberclon or Valpaz)
Diazepam (also called Valium)
Lorazepam (also called Ativan)
Cocaine
Gamma Hydroxybutyrate (GHB)
Ketamine
LSD
Opiates:
Heroin
Codeine
Morphine
Oxycodone (also called Oxycontin, Percocet, Percodan, Roxicet,
Tylox, Dazidox, Endocet or Endodan)
Hydrocodone (also called Vicodin, Lorcet, Lortab, Hydocan or
Norco)
Methadone (also called Methadose or Dolophine)
Hydromorphone (also called Dilaudid)
Fentanyl (also called Actiq or Duragesic)
Propoxyphene (also called Darvon or Darvocet)
Phencyclidine (PCP)
B. Marijuana
Marijuana and its By-Products
Synthetic Cannabinoids:
JWH-018
JHW-073
JHW-200
CP-47, 497
Cannabicyclohexanol
C. Steroids, Performance Enhancing Drugs, and Masking Agents (SPEDs)
Adrafinil
Aminoglutethimide
Amiphenazole
Anastrozole
Androsta-1,4,6-triene-3,17-dione (also
called androstatrienedione or ATD)
Androstanediol
Androstanedione
Androstenediol
Androstenedione
Androstene-3,6,17-trione (also called
6-OXO or 4-AT)
Bolasterone
Boldenone
Boldione
Bromantan
Methandriol
Methasterone
Methenolone (also called metenolone)
Methyldienolone
17a-methyl-3b,17b-dihydroxy-5a-androstane
17a-methyl-3a,17b-dihydroxy-5a-androstane
17a-methyl-3b,17b-dihydroxyandrost-4-ene
17a-methyl-1-dihydrotestosterone
17a-methyl-4-hydroxynandrolone
Methylephedrine
Methylphenidate
Methyltestosterone
Methyltrienolone (also called metribolone)
Mibolerone
Modafinil
Nandrolone (also called 19-nortestosterone)
Calusterone
Clenbuterol
Clobenzorex
Clomiphene
Clostebol
Cyclofenil
Danazol
Dehydrochloromethyltestosterone
Dehydroepiandrosterone (DHEA)
Desoxymethyltestosterone (DMT)
Dihydrotestosterone
4-dihydrotestosterone
1, 3-dimethylamylamine (also called DMAA,
methylhexaneamine and
dimethylpentylamine)
Dromostanolone
Drostanolone
Ephedra (also called Ma Huang,
Bishop’s Tea and Chi Powder)
Ephedrine
Epitestosterone
Erythropoietin (EPO)
13a-ethyl-17a-hydroxygon-4-en-3-one
Etilefrine
Ethylestrenol
Exemestane
Fencamfamin
Fenethylline
Fenfluramine
Fenproporex
Fluoxymesterone
Formebolone
Formestane (also called
4-hydroxyandrostenedione)
Fulvestrant
Furazabol
Gestrinone
18a-homo-17b-hydroxyestr-4-en-3-one
Human Chorionic Gonadotropin
Human Growth Hormone
4-hydroxytestosterone
Insulin-like Growth Factor (IGF-1)
Letrozole
Luteinizing Hormone (LH)
Mefenorex
Mestanolone
Mesterolone
Methandienone (also called
methandrostenolone)
Nikethamide
19-norandrostenediol (also called boldandiol)
19-norandrostenedione
Norbolethone (also called norboletone)
Norclostebol
Norethandrolone
Norfenfluramine
Normethandrolone (also called
methylnortestosterone or MENT)
Norpseudoephedrine (also called cathine)
Oxabolone (also called
4-hydroxy-19-nortestosterone)
Oxandrolone
Oxymesterone
Oxymetholone
Pemoline
Pentetrazol
Phendimetrazine
Phenmetrazine
Phentermine
Phenylpropanolamine (PPA)
Probenecid
Prostanozol
Pseudoephedrine
Raloxifene
Quinbolone
Selective Androgen Receptor Modulator
(SARM) S-1
SARM S-4 (also called andarine)
SARM S-9
SARM S-22 (also called ostarine)
SARM S-23
SARM S-24
SARM BMS-564,929
SARM LGD-2226
Stanozolol
Stenbolone
Strychnine
Tamoxifen
Testolactone
Testosterone
Tetrahydrogestrinone (THG)
Tibolone
Toremifene
Trenbolone
Zeranol
Zilpaterol
D. Diuretics
Acetazolamide
Amiloride
Bendroflumethiazide
Benzthiazide
Bumetanide
Canrenone
Chlorothiazide
Chlorthalidone
Clopamide
Cyclothiazide
Dichlorphenamide
Ethacrynic Acid
Flumethiazide
Furosemide
Hydrochlorothiazide
Hydroflumethiazide
Indapamide
Methyclothiazide
Metolazone
Polythiazide
Quinethazone
Spironolactone
Triamterene
Trichlormethiazide
LVD 2015-16 Player Profile
Please be as specific as possible.
------------------------------------------Personal Information---------------------------------Please Print—
1. Name (please include middle name)
__________________________________________________________
2. Email address
____________________________________________________________________________
3. Birthdate (mm/dd/yyyy) _______/_______/_________ 4. Birthplace
_______________________________
5. Cell Phone________-________-____________ (Secondary Number)________-_____________________
6. Height_________ 7. Weight_________
8. What is your country of
citizenship?___________________________________________________________
Do you have a valid Passport? YES NO
9. Do you speak any languages other than English? If so, please list:
______________________________________________________________________________________
10. Ethnicity:
___African American ___Asian/Pacific Islander
___Hispanic/Latino ___Native American
___White/Caucasian ___Other: (Specify)_________________________________________
11. Do you own any of the following social media pages:
(Check all that apply and please provide your name/handle where applicable)
___Twitter: _________________________________
___ Instagram:______________________________
---------------------------------------Educational Background------------------------------1. Highest Education Completed: (please circle one)
HIGH SCHOOL SOME COLLEGE ASSOCIATE’S BACHELOR’S
MASTER’S
2. Last Institution
Attended____________________________________________________________________
3. Date Last Attended (mm/yyyy) _______/_________ 4. Major/Field of
Study__________________________
5. Credits Required to Finish Undergraduate Degree (please circle one):
NONE (Degree completed) 12 OR LESS (One Term) 13-24 (One Year)
25 OR MORE
6. Academic Advisor at Last School (Name & Phone)
______________________________________________________________________________________
____
7. College/Last Year You Played Basketball
_____________________________________/________________
8. High School (City, State, Class Year)
______________________________________________________________________________________
--------------------------------Off-Court Development Assistance------------------------1. Do you have a completed resume? YES NO
2. Would you like assistance developing a resume? YES NO
3. Aside from basketball, list any work, internship or volunteer experience you have:
______________________________________________________________________________________
______________________________________________________________________________________
4. List the career(s) you are interested in pursuing after completing your basketball career:
______________________________________________________________________________________
5. Would you be interested in completing your degree through our Continuing Education Program? YES or
NO
6. Would you be interested in taking online courses to complete your degree or to earn a specialized
certification? YES or NO
7. What other topics off the court would you like the LVD to offer during the regular season (for
example financial education, nutrition, health & wellness, etc.)?
______________________________________________________________________________________
----------------------------------------Basketball Background------------------------------1. Have you played professionally before? If yes, please name the team(s), location(s) and dates.
(Ex: BTV Wuppertal, Germany, 2011-12; Ramat HaSharon, Israel, 2012-13; NBA D-League, 2013-14)
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
2. Have you ever played on a national team? If yes, what team, when and in what tournaments?
______________________________________________________________________________________
--------------------------------------------Family Background------------------------------1. Marital Status (please circle one):
SINGLE ENGAGED MARRIED SEPARATED/DIVORCED
Spouse’s Name_______________________________________________
2. Parental Status (please circle one):
NO CHILDREN 1 CHILD 2 CHILDREN 3 OR MORE CHILDREN
3. Parent or Guardian Information:
Mother’s Name: ______________________________ Email & Phone: _______________________________
Father’s Name: ______________________________ Email & Phone: _______________________________
IMPORTANT: Please review each question to ensure all answers are complete.
The information provided above is complete, accurate, and true to the best of my knowledge.
Name: (Print)___________________ Signature:____________________ Date:
____/____/______