Athlete Terms and Conditions

Terms and Conditions

Introduction and Acceptance

Welcome to the services provided by Today's Athlete for Tomorrow ("TAFT"). By accessing or using our services, you, the User, agree to be bound by these Terms and Conditions. These Terms govern your access to and use of TAFT's services, and any content, functionality, and services offered on or through TAFT.

Please read these Terms and Conditions carefully before you start to use the services. By using the services, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the services.

Today's Athlete for Tomorrow is a service aimed at addressing the unique challenges faced by athletes in personal and financial development. Recognizing the limited resources available to athletes for building sustainable careers beyond their playing days, our platform seeks to fill this crucial gap within the sports industry.

Today's Athlete for Tomorrow provides a comprehensive solution through a revolutionary sports marketing platform that includes:

A Learning Management System (LMS) offering year-round access to content focused on personal and business development.
Quarterly in-person training sessions designed to enhance the skills and knowledge of athletes.
A marketplace for athlete profiles, serving as a sports-focused Social Platform, to connect athletes with potential opportunities.
Facilitation of deals for marketing and sponsorship opportunities, aimed at elevating athletes' careers and financial standing. The athlete retains the right to approve or decline any sponsorship opportunity presented by TAFT. TAFT reserves the right to negotiate terms on behalf of the athlete, subject to the athlete's final approval. Both parties have the right to propose and pursue sponsorship opportunities independently.

By agreeing to these Terms and Conditions, athletes engage with a platform dedicated to their growth, networking, and career advancement within the sports industry. Users hereby consent to the collection and use of their personal and performance data in accordance with TAFT's privacy policy, which is incorporated by reference into these Terms and Conditions.

These Terms and Conditions are subject to change by TAFT at any time, at its sole discretion, without notice to you. This includes the right to revise service levels and quality standards as needed to maintain the quality of our services. Your continued use of the services after the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this service so you are aware of any changes, as they are binding on you. You are responsible for all activity conducted through your account and agree to maintain the security and confidentiality of your account credentials.

By agreeing to these Terms and Conditions, athletes engage with a platform dedicated to their growth, networking, and career advancement within the sports industry. The Athlete hereby consents to the collection of performance data as outlined in these Terms and Conditions, which is necessary for the provision of the services described herein. This consent can be withdrawn at any time by notifying TAFT in writing, with the understanding that such withdrawal may impact the delivery of certain services.

Description of Services

This Services clause outlines the services to be provided by Today's Athlete for Tomorrow (the "Service Provider") to the athlete (the "Athlete") under the Terms and Conditions agreed upon by both parties. The services to be provided are focused on the development and advancement of the Athlete's career and include, but are not limited to, the following key areas. As part of these services, the Service Provider will collect specific types of athlete performance data, including but not limited to: physical metrics (e.g., speed, strength, endurance), technical skills assessments, competition results, and training progress indicators.:

Tailored Development: Customized training and development programs designed to enhance the Athlete's skills and performance. The collected performance data will be used to create personalized training plans, track progress, identify areas for improvement, and optimize the Athlete's overall development strategy. This data may also be used to provide insights to coaches and mentors to better support the Athlete's growth.
Holistic Approach: Comprehensive support covering physical, mental, and strategic aspects of the Athlete's career.
Network Effect: Access to an extensive network of professionals, including coaches, mentors, and industry experts, to provide guidance and opportunities.
Future-Proofing: Strategies and advice aimed at ensuring the Athlete's career is resilient to future challenges and changes in the sports industry.
Monetization Mastery: Assistance in identifying and capitalizing on opportunities to monetize the Athlete's skills, reputation, and public image.

The Service Provider is committed to providing these services in Tarrant County, Texas, in accordance with the highest standards of professionalism and in compliance with all applicable laws and regulations, including data protection laws. TAFT affirms its commitment to protecting athlete data in accordance with relevant data protection legislation.

The Service Provider, Today's Athlete for Tomorrow (TAFT), shall provide the following services to the User:

Business and personal development education specifically designed for athletes, provided at no cost to the User.
Assistance in creating marketing and sponsorship opportunities for athletes, aiming to enhance their visibility and commercial appeal. TAFT will disclose any potential conflicts of interest in marketing and sponsorship deals to the Athlete. The Athlete agrees to promptly inform TAFT of any existing sponsorship agreements or potential conflicts that may affect new opportunities. Both parties will work in good faith to avoid or mitigate any conflicts of interest in pursuing marketing and sponsorship deals.

These services are offered within the jurisdiction of Arlington, Tarrant County, Texas, and are subject to the applicable laws and regulations of said jurisdiction.

User Eligibility

This section outlines the eligibility criteria for users to participate in the services offered by Today's Athlete for Tomorrow ("TAFT"). To be eligible to use TAFT's services, users must fall into one or more of the following categories and complete the registration process. The registration process includes: (1) Creating an account on the TAFT platform, (2) Providing necessary documentation to verify athlete status, and (3) Agreeing to the terms and conditions set forth by TAFT. Further details on the registration process will be provided during the account creation step.:

High school athletes* (must be at least 16 years of age)
College athletes
Professional athletes
Retired professional athletes
Coaches at any level of competitive sports

Eligibility is contingent upon the user's agreement to comply with all applicable terms and conditions set forth by TAFT, as well as any laws and regulations of Arlington, Tarrant County, Texas. TAFT reserves the right to modify the eligibility criteria at any time without prior notice. To create and maintain a user account, users must: (1) Choose a unique username that does not infringe on any trademarks or copyrights, (2) Create a strong password that is at least 8 characters long, contains upper and lowercase letters, numbers, and special characters, (3) Keep their login credentials confidential and not share them with any third parties, (4) Update their account information promptly if any changes occur, and (5) Log in to their account at least once every 6 months to keep it active. TAFT reserves the right to suspend or terminate accounts that violate these guidelines or remain inactive for extended periods.

Fees and Payment

This Fees and Payment clause is governed by the laws of Arlington, Tarrant County, Texas, and applies to all transactions conducted through the Today's Athlete for Tomorrow (TAFT) platform between TAFT ("Service Provider") and the User ("User").

This Agreement establishes the payment terms between Today's Athlete for Tomorrow ("TAFT"), the Service Provider, and the Athlete. TAFT operates under a business model that provides free access to its platform for Athletes, while retaining a 10% commission on any deals facilitated through its services. The service provided by TAFT is not subject to automatic renewal, and Athletes may choose to discontinue use of the platform at any time without incurring additional charges.

Refund Policy: TAFT does not offer refunds on its commission fees once a transaction has been successfully completed. In the event of a dispute or cancellation of the underlying transaction between the User and the third party, TAFT will review the circumstances on a case-by-case basis. Any refund requests must be submitted in writing to TAFT's customer support team within 30 days of the transaction date, detailing the reasons for the request.

Late Payment Policy: Any payments not received within the specified 30-day period will be considered late. Late payments will incur a 5% late fee on the outstanding amount. Additionally, interest will accrue at a rate of 1.5% per month on any unpaid balance. TAFT reserves the right to suspend the User's access to the platform until all outstanding fees are paid in full.

TAFT shall earn a fee equivalent to 10% of the total value of any opportunity that is sourced, cultivated, and/or contracted through the TAFT platform. This fee is due and payable by the User to TAFT upon the successful conclusion of the transaction associated with the opportunity. In the event of any billing disputes, Users should contact TAFT's billing department at billing@taft.com. TAFT will endeavor to resolve all billing disputes within 14 business days of receipt. Under these terms, TAFT will be responsible for collecting all funds related to the services provided. The Athlete shall receive remittance from TAFT, net of the 10% fee due to TAFT for the use of its platform and services. Payment to the Athlete will be made only after the completion of the service for which the deal was facilitated. This ensures that TAFT retains its commission before remitting the balance to the Athlete.

All payments to the Athlete by TAFT shall be made within ten (10) business days following the completion of the service. This clause is governed by the laws of Tarrant County, Texas, and is subject to the jurisdiction thereof.

All fees are non-refundable except as may be expressly provided in these Terms and Conditions or required by applicable law.

Non-Exclusive Rights for Athletes

This Agreement does not create an exclusive relationship between Today's Athlete for Tomorrow (the "Service Provider") and the Athlete. The Athlete is free to engage, contract with, and be represented by any other company, entity, or individual for similar services as those provided by the Service Provider under this Agreement. Similarly, the Service Provider may offer and provide services to other athletes or entities without restriction, provided that such services do not directly compete with the services being provided to the Athlete under this Agreement.

This Agreement grants the User non-exclusive rights to engage in Opportunities sourced through the Service Provider's platform. The User acknowledges that the Service Provider may offer similar Opportunities to other users and that the User's rights to any Opportunity are non-exclusive. This non-exclusivity does not restrict the User from engaging in similar Opportunities outside the Service Provider's platform, nor does it obligate the Service Provider to provide exclusivity in any Opportunity to the User. The Service Provider retains the right to use the Athlete's name and likeness for promoting the platform, while the Athlete maintains the right to their personal brand and image for individual endorsements, subject to non-compete clauses in specific sponsorship agreements.

The User agrees that any engagement with Opportunities through the Service Provider's platform will be conducted in accordance with the terms and conditions set forth by the Service Provider and that any violation of these terms may result in the termination of the User's access to the platform and Opportunities. Prohibited user conduct includes, but is not limited to: (1) Providing false or misleading information during the registration process or in the user profile, (2) Engaging in any illegal activities or promoting such activities through the platform, (3) Harassing, threatening, or intimidating other users or TAFT staff, (4) Attempting to gain unauthorized access to other users' accounts or TAFT's systems, (5) Using the platform for any commercial purposes without TAFT's express written consent, (6) Violating any intellectual property rights of TAFT or third parties, and (7) Sharing confidential information obtained through the platform with unauthorized parties. TAFT reserves the right to investigate and take appropriate legal action against anyone who, in TAFT's sole discretion, violates this provision.

This clause does not confer any ownership rights over Opportunities to the User, but merely allows for the participation in Opportunities on a non-exclusive basis. The Service Provider reserves the right to modify, suspend, or discontinue any Opportunity at any time, without notice, and shall not be liable to the User or any third party for any modification, suspension, or discontinuance of any Opportunity.

Intellectual Property Rights

Any unauthorized use of the Service Provider Intellectual Property by the User may result in the immediate termination of this Agreement and may subject the User to legal action by the Service Provider. The User agrees to indemnify and hold harmless the Service Provider from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the User's unauthorized use of any Service Provider Intellectual Property. To prevent counterfeiting of the Service Provider's branded products, the User agrees to: (1) only authorized sources for obtaining branded products, (2) report any suspected counterfeit products to the Service Provider immediately, and (3) cooperate fully with any investigation into potential counterfeiting activities.

The User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service Provider Intellectual Property solely for personal, non-commercial use in connection with the opportunities provided through the platform. This license does not include any rights to reproduce, distribute, modify, create derivative works from, or publicly display any Service Provider Intellectual Property without the express written consent of the Service Provider. The User may use the Service Provider's trademarks solely for the purpose of promoting their participation in opportunities facilitated by the Service Provider, subject to the Service Provider's prior written approval and in accordance with any brand guidelines provided by the Service Provider.

Any unauthorized use of the Service Provider Intellectual Property by the User may result in the immediate termination of this Agreement and may subject the User to legal action by the Service Provider. The User agrees to indemnify and hold harmless the Service Provider from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the User's unauthorized use of any Service Provider Intellectual Property. The User is expressly prohibited from using any third-party intellectual property, including but not limited to trademarks, copyrights, and patents, without proper authorization from the rightful owner. The User acknowledges that they are solely responsible for obtaining any necessary permissions or licenses for the use of third-party intellectual property in connection with their activities under this Agreement. activities that could harm the Service Provider's reputation; and d) Obtain written approval from the Service Provider before participating in any public events or media appearances as a representative of the Service Provider's brand.

Confidentiality

The User acknowledges that in the course of using the services provided by the Service Provider, they may be exposed to information that is confidential and proprietary to the Service Provider or third parties with whom the Service Provider has agreements. Such confidential information includes, but is not limited to, the details of the Opportunity, Service Provider Intellectual Property, business and marketing plans, technology and technical information, product designs, and business processes (collectively, "Confidential Information").

The User agrees to:

Not disclose any Confidential Information to any third party without the prior written consent of the Service Provider.
For the purposes of this Agreement, "Confidential Information" means any information, technical data, or know-how, including, but not limited to, research, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, marketing, or finances, disclosed by the Service Provider either directly or indirectly in writing, orally, or by inspection of tangible objects. Confidential Information does not include information that (i) is or becomes generally known to the public through no fault of the User, (ii) was known to the User prior to its disclosure by the Service Provider, (iii) is received from a third party without breach of any obligation owed to the Service Provider, or (iv) was independently developed by the User without use of the Confidential Information. The User agrees to:
Not disclose any Confidential Information to any third party without the prior written consent of the Service Provider, except in the following circumstances: (a) as required by law or legal process, (b) to professional advisors bound by confidentiality obligations, or (c) to potential investors or acquirers, subject to appropriate confidentiality agreements. In all cases, the User shall promptly notify the Service Provider of any such required disclosure. of the Service Provider's services.
Use the Confidential Information solely for the purpose of using the services provided by the Service Provider and not for any other purpose. With respect to personal data, the User agrees to process such data only for the specific purposes explicitly stated in this Agreement, which include [insert specific purposes here, e.g., "providing customer support, processing payments, and improving the Service Provider's services"]. Any use of personal data for purposes not explicitly stated in this Agreement is strictly prohibited without obtaining prior written consent from the Service Provider and, where applicable, the data subjects.
Take all reasonable precautions to protect the confidentiality of the Confidential Information, including implementing appropriate technical and organizational measures to ensure a level of security appropriate to the risk, such as encryption of personal data, ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services, and regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
Immediately notify the Service Provider in writing of any unauthorized use or disclosure of the Confidential Information. In the event of a data breach involving personal data, the party discovering the breach shall notify the other party without undue delay and, where feasible, not later than 72 hours after having become aware of it. The notification shall describe the nature of the personal data breach, the categories and approximate number of data subjects concerned, the likely consequences of the breach, and the measures taken or proposed to address the breach and mitigate its possible adverse effects.
Return or destroy all copies of Confidential Information upon the request of the Service Provider or upon termination of the agreement between the User and the Service Provider.

This confidentiality obligation shall survive the termination of the agreement between the User and the Service Provider and shall continue indefinitely unless otherwise agreed in writing by both parties.

Limitation of Liability

To the maximum extent permitted by applicable law, the Service Provider shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Service Provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.

Notwithstanding the foregoing, if the Service Provider is found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b) $100.

Termination

This Agreement may be terminated by either the Service Provider or the User at any time, with or without cause, upon giving thirty (30) days written notice to the other party. Such notice shall be deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail, return receipt requested, to the address of the party specified in this Agreement or such other address as either party may specify in writing. Notwithstanding the foregoing, the Service Provider may terminate this Agreement immediately upon any breach of this Agreement by the User, including but not limited to, any unauthorized use of the Service Provider Intellectual Property or disclosure of Confidential Information.

Upon termination, the User must cease all use of the Service Provider's platform and destroy all copies, full or partial, of any materials or content that have been provided by the Service Provider or generated through the use of the Service Provider's platform. The User shall have 30 days from the date of termination to access and download any User-generated data stored on the Service Provider's platform. After this 30-day period, the Service Provider reserves the right to permanently delete all User data from its systems. The Service Provider will maintain limited access to User data as required by applicable laws and regulations. Any provision of this Agreement that, by its nature, is intended to survive termination will continue in effect after termination, including, but not limited to, the provisions relating to Service Provider Intellectual Property, Confidential Information, and any obligations regarding limitation of liability. Any disputes arising after the termination of this Agreement shall be resolved through mediation, and if unsuccessful, through binding arbitration in accordance with the rules of the American Arbitration Association of liability.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to this Agreement or the transactions contemplated hereby shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the city of Arlington and County of Tarrant. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

Dispute Resolution

This Dispute Resolution clause is governed by the laws of the State of Texas and is specifically applicable to any disputes arising under or related to the Terms and Conditions between the Service Provider, Today's Athlete for Tomorrow (TAFT), and the User. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The arbitration shall be conducted in Arlington, Tarrant County, Texas, and shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. The language of the arbitration shall be English. The parties agree that any arbitration shall be confidential, and all conduct, statements, promises, offers, views, and opinions, whether oral or written, made during the arbitration by any of the parties or their agents, employees, or attorneys, and any witnesses they may call, shall be treated as confidential information.

Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, service marks, patents, trade secrets, or other intellectual property rights.

Amendment and Modification

This Agreement may be amended or modified only by a written document signed by both the Service Provider and the User. No amendment or modification of this Agreement shall be effective unless it is in writing and signed by both parties. This includes any changes to the terms and conditions, services provided, fees, or any other aspect of the relationship between the Service Provider and the User as outlined in this Agreement. Notwithstanding the foregoing, the Service Provider may unilaterally amend this Agreement to comply with changes in applicable privacy laws, provided that the User is notified of such changes in writing.

Notwithstanding the foregoing, the Service Provider reserves the right to modify the services offered or the terms and conditions of this Agreement at any time, provided that the Service Provider gives the User notice of such changes. Such notice may be provided through the Service Provider's platform, via email, or by any other means deemed reasonable by the Service Provider. The User's continued use of the Service Provider's platform after such notice shall constitute acceptance of the new terms and conditions.

Entire Agreement

This Agreement constitutes the entire agreement between the User and the Service Provider regarding the use of the Service Provider's platform and the services provided therein. It supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the User and the Service Provider regarding the subject matter contained herein. No amendment, alteration, or modification of this Agreement shall be binding unless it is in writing and signed by both parties.