Updated: August 2023
These Terms apply to all Brands, visitors, users, and others who access any of the Service. The additional terms contained in Part B also apply to Brands and the additional terms contained in Part C also apply to Talent. By using, accessing, or registering with the Service, you agree to be bound and abide by these Terms and all applicable laws and regulations.
“User” means the person, firm or corporate body together with any company which is related to the User that uses the Sport Endorse Service or application, including all Brands, Agencies, and Talent (also may be referred to as "you" or "your");
"Service" means all Sport Endorse websites and applications, and all content and services contained therein (also may be referred to as "Services");
"Sport Endorse" means Sport Endorse Limited (company registration number 593768) with registered office address at 2 Seapoint Avenue, Blackrock, County Dublin (“Sport Endorse”, "the Company" “we”, or “us” or “our”);
"Talent" means Users which are athletes, sports personalities, sports presenters, brand ambassadors and other influencers who use the Sport Endorse Platform to engage with Brands;
2. OVERVIEW OF SERVICE AND UPDATES
2.1 Overview. Sport Endorse is a platform for Brands and Agencies to communicate and transact with Talent seeking endorsement and commercial partnership opportunities. Brands/Agencies can using the Service offer and negotiate sponsorship opportunities with Talent to create sponsorship/endorsement contracts (“Sponsorship Contracts”) and/or commercial partnerships.
2.2 Role of Sport Endorse. Sport Endorse acts as a technology platform for Users to access Talent. Save as is expressly agreed otherwise, we do not act as agent for the Talent and do not represent or undertake to represent any such Talent. We have no liability in any way for the acts and omissions of any Talent or Brand or Agency or User and each User acknowledges and agrees that Sport Endorse is not responsible for nor bears any liability in relation to the conduct or activities of any Talent or User.
2.3 Talent Engagements. Where a User agrees an engagement with a Talent through the Service, a separate contract is formed between the Talent and User to which we are not a party. You acknowledge that any disputes, claims or proceedings arising out of or related to the engagement of any Talent shall be pursued solely and exclusively between User and Talent. For the avoidance of doubt, under no circumstances shall Sport Endorse be liable, responsible or involved in any way with any failure on the part of either party to an agreement between Talent and User or for any disputes, claims, proceedings or controversies of any nature which may arise in respect of such agreements.
5. Suspension of Service. We reserve the right in our sole discretion (acting reasonably) and at any time to terminate or suspend your access to the Service and/or block your access to the website/application for any reason including, without limitation if you have failed to comply with these Terms and or pay any amount due. User agrees that Sport Endorse shall not be liable to you or any third party for any termination or suspension of your account or for blocking your access to the Service.
6. Continuation of Terms. Any suspension or termination shall not affect your obligations to us under these Terms and Conditions and shall be without prejudice to any accrued rights of either Party or amounts payable in respect of the Fees. The provisions of these Terms and Conditions which by their nature should survive the suspension or termination shall survive including, but not limited to indemnities, releases, disclaimers, limitations on liability, and choice of law.
4. All Talent using the Service provided by Sport Endorse agrees with Sport Endorse that:
4.1 Sport Endorse has the unrestricted right to depict the Talent, by way of photograph or film (whether provided by the Talent or created by Sport Endorse) as permitted by law, using any technology or media including but not limited to digital, electronic, print, film and television media now known or yet to be invented relating to the promotion of the business activities of Sport Endorse while the Talent is using the Service of Sport Endorse;
4.2 Sport Endorse may generate and use images of the Talent on a nonexclusive basis in media or for promotional purposes throughout the World;
4.3 any images or depictions of the Talent generated by Sport Endorse may be edited, stored, copies made of and reused at the sole desertion of Sport Endorse;
4.4 the Talent releases Sport Endorse from any future claim made by me or anyone else arising out of the use of the images or depictions of the Talent;
4.5 no consideration is due to the Talent for this release;
4.6 this release is irrevocable and worldwide for the period while the Talent is using the service of Sport Endorse and will be governed by the law of The Republic of Ireland;
4.7 The Talent has read this release and fully understands the contents and consequences of this release and accept that it will be fully binding on the Talent.