1.
Duties. Subject to the terms and conditions of this
Agreement, the MVOA hereby engages the Contractor as an independent contractor
to perform the services set forth herein, and the Contractor hereby accepts
such engagement to provide officiating services and other duties reasonably
requested by MVOA and agreed to by the Contractor.
2.
Term.
This engagement shall commence upon execution of this Agreement and
shall continue in full force and effect through July 31, 2024, unless
terminated earlier by operation of and in accordance with this Agreement.3.
Compensation. MVOA
shall pay Contractor in accordance with the fee structures authorized and
published by MVOA on their official website and ArbiterSports account. Such
compensation shall be payable within a reasonable time following the verified
completion of duties performed by the Contractor. The Contractor is responsible
for completing and submitting a signed Independent Contractor Agreement as well
as a current W-9 form in order to be eligible to receive payments from MVOA.The following may
be used as an approximate guide for the timing of scheduled payrolls:
- Matches worked between the 1st and 15th of the
month have payments scheduled for direct deposit by the last calendar day of
that month.
- Matches worked between the 16th and the last
calendar day of the month have payments scheduled for direct deposit by the
15th day of the following month.
- A payroll date that falls on a weekend and/or holiday
will be scheduled for direct deposit on the next available business day allowed
by MVOA’s business ACH portal.
Fee for Paper Checks: Starting August 1, 2023, officials that
have not properly submitted MVOA’s direct deposit authorization form and/or
elect to receive their payments via check through the US Postal Service will
incur a $5 fee that will be deducted from the total amount of the
check being issued.
4.
Termination. MVOA
may terminate this Agreement at any time with 10 days written notice to the
Contractor. In addition, if the Contractor is charged and/or convicted of any
crime or offense, fails or refuses to comply with the written policies or
reasonable directive of MVOA, is reported and/or listed in violation of the
Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of
2017, is guilty of serious misconduct in connection with performance hereunder,
or materially breaches provisions of this Agreement, MVOA may elect at any time
to terminate the engagement of the
Contractor immediately and without prior written notice to the Contractor.
5.
Independent Contractor. This Agreement
shall not render the Contractor an employee, partner, agent of, or joint
venturer with MVOA for any purpose. The Contractor is and will remain an
independent contractor in his or her relationship with MVOA. MVOA shall not be
responsible for withholding taxes with respect to the Contractor's compensation
hereunder. The Contractor shall have no claim against MVOA hereunder or
otherwise for vacation pay, sick leave, retirement benefits, social security,
worker's compensation, health or disability benefits, unemployment insurance
benefits, or employee benefits of any kind. MVOA does not issue covered wages
with regard to unemployment.
The Contractor acknowledges and agrees that at no time will they claim, state,
or assert in any way that they were or ever have been an employee of MVOA under
this Agreement. Contractors shall not list MVOA as an employer on any benefits
applications, such as but not limited to, unemployment.
This Agreement does not render either party the agent or legal representative
of the other for any purpose whatsoever and the parties agree and acknowledge
that the Contractor is engaged in the independent trade of providing
officiating services. MVOA is only interested in the Contractor’s results. The Contractor shall have sole control over the method, manner, and means by which they provide those services while following the expectations of professional organizations to which they are members as well as the guidelines provided by event directors of tournaments they officiate.
6.
Insurance.
The
Contractor is responsible for carrying their own liability insurance as deemed
necessary at the sole discretion of the Contractor. Such packages may be
included or available through memberships to other professional organizations
(i.e. MSHSL, PAVO, USAV, AAU) and may also be purchased by the Contractor
through the National Association of Sports Officials (NASO). MVOA provides no
insurance coverage whatsoever on behalf of or as a benefit to the Contractor.
7.
Waiver and Release from Liability.As the Contractor:
- I
acknowledge
the nature of the officiating services which I
provide through MVOA and represent that I am qualified, possess the necessary
knowledge, and am in good health and proper physical condition to participate
in such services.
- I acknowledge that any and all services which I perform will
be at my own exclusive risk. I further acknowledge that officiating volleyball presents
a risk of exposure to COVID-19 and other contagious illnesses, and I agree to accept
any and all risk.
- I acknowledge, accept, and assume any and all
risks of serious bodily injury, including permanent disability, paralysis, and
death, which may be caused by my own actions, or inactions, those of other
participants in the event, the conditions in which the event takes place, or
that relate to my traveling to and from the event, and/or the negligence of the
indemnified persons or entities named below.
I hereby take the
following actions for myself, my executors, administrators, heirs, next of kin,
successors, and assigns:
- I agree to indemnify and hold harmless MVOA, its
partners, and representatives from any claims, suits, proceedings, costs,
liabilities, expenses (including court costs and legal fees), bodily injury to
persons (including death), or damages of any kind as acknowledged above.
- I agree to indemnify and hold harmless any and
all MVOA associated persons and/or entities for which I provide officiating
services from any claims made or liabilities assessed against them as a result
of my actions including, but not limited to, the City of Apple Valley, the City
of Crystal, the City of Eagan, the City of Edina, the
City of Fridley, General Mills, the City of New Brighton, the City of
Roseville, the City of Spring Lake Park, the City of St Louis Park, the City of
Woodbury, MSHSL Member Schools, Crossfire Volleyball, North Metro Volleyball League, Kokoro Volleyball, Lakeville Juniors, M1
Volleyball, MN Select Volleyball Club, Northern Lights
Volleyball, NorthStar Volleyball United, Rochester Youth Volleyball
Association, Shakopee Volleyball Association, and MN Boys High School
Volleyball Association.
8.
Modification or Amendment. No
amendment, change or modification of this Agreement shall be valid unless in
writing signed by the parties hereto.9.
Entire Understanding. This Agreement is the entire and exclusive
understanding between the parties and supersedes all prior agreements, understandings
and representations between the parties relating to the subject matter hereof.10.
Unenforceability of Provisions. The
Contractor 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
provision of this Agreement, or any portion thereof, is held to be invalid and
unenforceable, then the remainder of this Agreement shall nevertheless remain
in full legal force and effect.IN WITNESS WHEREOF, the undersigned
have executed this Agreement to be duly executed as of the date first above
written. The parties hereto agree that
electronic signatures shall be as effective as if originals.
Metro Volleyball Officials Association
Debra DW Smith
Founding Partner
Robyn Courchane
Managing Principal
Brad Aaberg
Managing Principal
