Independent Contractor Agreement
THIS INDEPENDENT CONTRACTOR AGREEMENT ("Agreement") is made and entered between the MINNEAPOLIS HOCKEY OFFICIALS ASSOCIATION ("MHOA"), a Minnesota non-profit corporation.

1.Recitals.

1.l MHOA is a Minnesota non-profit corporation that is engaged in assigning officials for high school hockey.
1.2 Official has been hired to perform officiating services for the MHOA.
1.3 NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:
 
2.Agreement of Independent Contractor Status.

2.1 MHOA and Official hereby agree that the services performed by the Official for the MHOA are performed as an independent contractor and not as an employee. The parties agree and acknowledge that Official is engaged in the independent trade of providing officiating services, and is free from the MHOA's control and direction in the performance of his or her services, subject to provision in sub-paragraph 2.3.
 2.2 The Official is an independent contractor for all purposes related to the performance of officiating and officiating related work, including travel to and from games, meetings, seminars, camps and clinics or other similar activities.
2.3 In performance of the coordinating services under this Agreement, the parties agree and acknowledge as follows.
 
2.3.1 Official does not and is not required to officiate exclusively for MHOA;
2.3.2 MHOA will not oversee and direct the actual officiating by the Official on a regular basis, except in unusual circumstances; and except further that MHOA reserves the right to periodically evaluate the performance of Official;
2.3.3 The Official's services will be paid for on the basis of a contract rate per game, rather than a salary or hourly rate. Any payments paid to Contractor by the MHOA is on behalf of the high schools for which MHOA assigns officials.. The actual revenue source for such payments are provided by the member institutions;
2.3.4 MHOA will not terminate the performance of Official's services during the term of this Agreement unless Official fails to produce a result that meets the specifications and performances required of an MHOA Official;
2.3.5 MHOA will provide training sessions for Official prior to the season to provide instruction concerning rules and procedures;
2.3.6 MHOA will not provide benefits (including, but not limited to health insurance, life insurance, workers' compensation insurance, etc.) to Official, nor will MHOA supply necessary officiating equipment. The MHOA recommends that the Official purchases the National Association of Sports Official (NASO) insurance package.
2.3.7 To the extent that Official performs coordinating services under a trade or business name, the check will be made payable for coordinating services performed by Official to such trade or business name; and
2.3.8 The parties will not combine their business operations in any way, i.e., Official shall not represent or otherwise act as if he/she is an MHOA employee or is involved in a joint venture or partnership with MHOA, but both parties will instead maintain their respective businesses as separate and distinct.
 
3.Independent Contractor Status Consequences.

3.1 The parties acknowledge that Official is not entitled to unemployment Insurance benefits for the performance of officiating services.
3.2 The parties acknowledge that Official is obligated to pay federal and state income tax on any monies received for officiating services.
3.3 The parties acknowledge that Official is not entitled to Workers' Compensation benefits.
 
4.Indemnification.

4.1 Official agrees to indemnify MHOA and hold MHOA harmless from any and all taxes, penalties, assessments, fines, premiums and similar liabilities if Official is found by any governmental authority to be an employee rather than an independent contractor in its performance of services for MHOA.

5.Waiver and Release from Liability.

5.1 Official hereby releases, waives, discharges and covenants not to sue MHOA board members thereof, sponsors, or advertisers, (collectively, referred to as "Releasees") from all liability to Official, his/her personal representatives, assigns, heirs and next of kin for any and all damages, and any claim or demands therefore on account of injury to the person or property or resulting in the death of Official, whether caused by the negligence of the Releasees or otherwise while the undersigned is performing officiating services, observing, or for any other purpose participating in the event for which he/she is providing officiating services, or on his/her way to or from such event.
5.2 Official hereby agrees to indemnify and save and hold harmless the Releasees and each of them from any loss, liability, damage, or cost they may incur due to the provision by Official of officiating services, observing, or for any purpose participating in the event for which he/she is providing officiating services or on his/her way to or from such event, and whether caused by the negligence of the Releasees or otherwise.
5.3 Official hereby assumes full responsibility for and risk of bodily injury, death, or property damage due to the negligence of Releasees or otherwise while providing officiating services, observing or for any other purpose participating in the event, for which he/she is providing officiating services or on his/her way to or from such event.
5.4 The Official further expressly agrees that the foregoing release, waiver, and indemnity provisions are intended to be as broad and inclusive as is permitted by the law of the State in which the event is conducted and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
5.5 The Official has read and voluntarily signs these releases, waiver of liability and indemnity provisions and further agrees that no oral representations; statements or inducement apart from the foregoing written provisions have been made.
5.6 These waivers, releases and indemnity provisions specifically embrace each and every event sanctioned, authorized or promoted by said Releasees during the entire season and apply to each and every event or activity herein above mentioned and have the same effect as if executed after each and every activity or event in which the undersigned participates so that the parties herein intended to be released and indemnified shall be fully and effectively released and indemnified as to each and every event herein above described.
 
6.Physical Examination.
 
6.1 Official understands that officiating is a physically demanding task and, accordingly, he/she represents that he/she is in good physical condition, has passed a physical examination and is physically able to perform this agreement. Official shall provide a doctor's certificate to MHOA stating that Official is physically able to officiate. Failure to provide such a certificate will constitute an assumption of risk by Official and release of liability by Official to Releasees concerning any injury or damages incurred by Official as a result of his/her health.

 7.General.

7.1 This Agreement is effective as of the date it is signed by the parties, and it shall continue in effect for the duration of the HOCKEY 'season'.
7.2 This Agreement is the sole agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, representations, or communications, oral or written, of either Party. This Agreement may be amended only by a writing executed by both parties, or by authorized representatives thereof. Individual game agreements will not supersede this Agreement.
7.3 This Agreement shall be governed by the laws of the State of Minnesota, and  both parties submit to the jurisdiction of the courts of the State of Minnesota.
7.4 If any term or provision of this Agreement is determined to be void, or unenforceable to any extent, then the remainder of this Agreement shall be unaffected.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date entered.
MINNEAPOLIS HOCKEY OFFICIALS ASSOCIATION                                              

By:

Michael Elam, President
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