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contract_example_boxing__2_.docx
contract_example_sale_of_goods_agreement_1_1_.doc
home_improvement_contract___blank__2_.doc
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Nevada Athletic Commission
MANAGEMENT AGREEMENT
THIS AGREEMENT, Made this
day of
, 20 by and between, MANAGERS
NAME, of CITY, STATE, (whether one or more, hereinafter referred to as the “Manager”), and
BOXERS/UNARMED COMBATANTS NAME, of CITY, STATE, professional unarmed combatant
(“Contestant”).
WITNESSETH:
In consideration of the mutual covenants and agreements hereinafter contained, the parties hereto
agree to and with each other as follows:
1. Definitions. In this agreement, the words and terms used herein, unless the context otherwise requires,
shall have the meanings ascribed to them in Nevada Revised Statutes (“NRS”) and Nevada Administrative
Code (“NAC”) Chapter 467.
2. Engagement. It is agreed and understood that Manager is engaging the sole professional services of
Contestant, to take part in all contests of unarmed combat, and also to give exhibitions of unarmed combat
and training exercises.
3. Duties of Contestant. Contestant will use his or her best skill and ability, at such times and places as
may be required by Manager. Contestant agrees to place himself or herself under the management of
Manager, and, also agrees to take part in such contest of unarmed combat and also give exhibitions of
unarmed combat, training and training exercises, whenever and wherever required by Manager, in such
places of public entertainment and/or amusement, and in such cities, towns and other places, without
limitation, where Manager may from time to time request or direct. Contestant binds himself or herself and
agrees to faithfully fulfill, and live up to any agreement entered into on his or her behalf by the Manager,
during the term of this agreement. Contestant agrees that he or she shall not, during the continuance of this
agreement, take part in any contests or exhibitions of unarmed combat, or act or perform or otherwise
exercise Contestant’s talent in any manner, or place, how or whatsoever, without having first obtained the
written permission of Manager. Contestant shall attend all rehearsals and attend to all training and
exercising as Manager shall require, and shall proceed and travel, by any means of conveyance as and when
required by Manager for the purposes of this agreement.
4. Duties of Manager. Manager binds themselves and agree to use their best efforts to secure
remunerative contests and exhibitions of unarmed combat for Contestant.
5. Term. In consideration of this agreement, the parties hereto mutually bind themselves for a period of
MAXIMUM OF 4
YEARS, with no extension option, for which period this agreement shall remain in full
force and effect.
6. Distribution of Earnings. It is agreed by the parties that the earnings from all contests, exhibitions
and performances of unarmed combat herein mentioned in this agreement shall be divided as follows:
MAXIMUM OF THIRTY THREE AND ONE THIRD PERCENT (33 1/3 %) to Manager,
MANAGERS NAME, MINIMUM OF SIXTY SIX AND TWO THIRDS PERCENT (66 2/3%) to
BOXERS/UNARMED COMBATANTS NAME, Contestant..
7. Suspension of Manager. In the event that Manager shall be suspended by the Nevada Athletic
Commission (the “Commission”), and such suspension shall be permanent, this agreement, insofar as it
relates to contests and exhibitions of unarmed combat in the State of Nevada, at the option of Contestant,
shall forthwith terminate. In the event that such suspension is not permanent, then during the period of such
suspension Contestant may contract individually for his or her services and during such period of suspension
Manager shall not be entitled to any percentage of the earnings of any contests or exhibitions of unarmed
combat engaged in by said Contestant.
8. Arbitration. Pursuant to NAC 467.102, controversies arising between the parties hereto shall be
referred and submitted to arbitration in the following manner: Within thirty (30) days after the origin of
Page 1 of 2
such dispute or controversy, either or both of the parties hereto may notify the Executive Director of the
Commission of the existence of such dispute and of his, her, or their desire and willingness to refer such
dispute to arbitration, whereupon, in a duly authorized meeting of the Commission, the Chairman of the
Commission shall appoint a representative of the Commission (the “Arbitrator”) to conduct a hearing at such
time and place as may, in the opinion the Arbitrator, be convenient to all interested parties and witnesses.
Notification of the time and place of such hearing shall be given to all interested persons by mail at their
last known address. The parties hereto agree in the event of submission of any such controversy to
arbitration that the decision of the Arbitrator shall be final and binding upon the parties hereto and each of
them agree to be bound thereby.
9 Applicable Law. It is understood and agreed that the rights and obligations of the parties hereto shall
be governed by, and construed according to the laws of the State of Nevada. The terms of this agreement
shall in all respects be in conformity with the laws of the State of Nevada, and the rules and Regulations now
or hereafter adopted by the Commission, which laws and rules are hereby made a part of and incorporated
into this agreement. It is agreed by all of the parties that action arising out of this agreement, shall be
commenced in the State of Nevada.
Page 2 of 2
10 Assumption of the Risk. The Contestant understands that by participating in a contest or exhibition of
unarmed combat, that the Contestant is engaging in an abnormally dangerous activity. The Contestant further
understands that this participation subjects the Contestant to a risk of severe injury or death. The Contestant,
with full knowledge of this risk, nonetheless, agrees to enter into this agreement and hereby waives any claim
that the Contestant or Contestant’s heirs may have against the Commission and/or the State of Nevada as the
result of any injury the Contestant may suffer as a result of Contestant’s participation in any contest or
exhibition of unarmed combat in the State of Nevada.
INITIALS OF CONTESTANT
.
11 Release. The parties to this agreement, for themselves, their heirs, executors, administrators, successors,
and assigns, hereby release and forever discharge the State of Nevada and the Commission and each of their
members, agents, and employees in their individual, personal and representative capacities, from any and
all manner of actions, causes of action, suits, debts, judgments, executions, claims, and demands whatsoever
known or unknown, in law or equity, that the parties ever had, now have, may have, or claim to have against
any and all of the persons or entities named in this paragraph arising out of, or by reason of this agreement,
or any other matter.
12 Indemnification. The parties to this agreement, jointly and severally hereby indemnify and holds
harmless the State of Nevada and the Commission, and each of their members, agents, and employees in
their individual, personal and representative capacities against any and all claims, suits and actions, brought
against the persons named in this paragraph by reason of this agreement and all other matters relating
thereto, and against any and all expenses, damages, charges and costs, including court costs and attorney
fees which may be incurred by the persons and entities named in this paragraph as a result of said claims,
suits and actions.
13 Original and copies of Agreement. The original of this agreement shall be kept on file by the
Commission and a copy of this fully executed agreement will be provided to each party.
14 Entire Agreement and Modification. This agreement and its attachments constitute the entire
agreement of the parties and as such are intended as a complete and exclusive statement of the promises,
representations, negotiations, discussions, and other agreements that may have been made in connection
with the specific subject matter hereof. All prior agreements are superseded and excluded with regard to
the specific terms contained herein. Unless otherwise expressly authorized by the terms of this agreement,
no modification or amendment to this agreement shall be binding upon the parties unless the same is in
writing, signed by the respective parties hereto, and filed with the Commission.
15 Proper authority. The parties hereto represent and warrant that the person executing this agreement
on behalf of another party, if applicable, has the full power and authority to enter into this agreement.
16 Severability. If any provision in this agreement is held to be unenforceable by a court of law or equity,
this agreement shall be construed as if such provision did not exist and the nonenforceability of such
provision shall not be held to render any other provision or provisions of this agreement unenforceable.
17 Notices. All notices or other communications required or permitted to be given under this agreement
shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic
facsimile or mailed regular or certified mail to the appropriate party at the last known address on record with
the Commission. It is understood by the parties that it is the responsibility of each party to notify the
Commission of any change of address.
18 Waiver of Breach. Failure to declare a breach or the actual waiver of any particular breach of the
agreement or its material or nonmaterial terms by either party shall not operate as a waiver by such party of
any of its rights or remedies as to any other breach.
19 Assignment. Neither party shall assign, transfer nor delegate any rights, obligations or duties under this
agreement without the prior verbal or written consent of the Commission or the Executive Director of the
Commission.
Page 3 of 2
Sale of Goods Agreement
Agreement made _____________ (date), between _________________________, of
_________________________________ (address), _____________________ (city), ______________ (county),
________________ (state), in this agreement referred to as seller, and ___________________, of
____________________________ (address), __________________ (city), __________________ (county),
_____________ (state), in this agreement referred to as buyer.
SECTION ONE: SALE OF GOODS
Seller shall sell, transfer and deliver to buyer on or before ____________________ (date), the following personal
property: ____________________________________________________________
____________________________________________________________
____________________________________________________________ (description of goods).
SECTION TWO: PURCHASE OF GOODS
Buyer shall accept the goods and pay ________________________________________ Dollars ($ ________ ) for
the goods.
SECTION THREE: IDENTIFICATION OF GOODS
Identification of the goods to this agreement shall not be deemed to have been made until both buyer and seller
have specified that the goods in question are to be appropriated to the performance of this agreement.
SECTION FOUR: PAYMENT ON RECEIPT
Buyer shall make payment for the goods at the time when, and at the place where, the goods are received by
buyer.
SECTION FIVE: RECEIPT CONSTRUED AS DELIVERY
Goods shall be deemed received by buyer when delivered to buyer at
________________________________________ (address), __________ (city), __________ (county),
__________ (state).
SECTION SIX: RISK OF LOSS
The risk of loss from any casualty to the goods, regardless of the cause, shall be the responsibility of the seller
until the goods have been accepted by the buyer.
SECTION SEVEN: WARRANTY OF NO ENCUMBRANCES
Seller warrants that the goods are now free, and that at the time of delivery shall be free from any security interest
or other lien or encumbrance.
SECTION EIGHT: WARRANTY OF TITLE
Furthermore, seller warrants that at the time of signing this agreement, seller neither knows nor has reason to
know of the existence of any outstanding title or claim of title hostile to the rights of seller in the goods.
SECTION NINE: RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods on arrival and, within _______ business days after delivery, buyer
must give notice to seller of any claim for damages on account of condition, quality or grade of the goods, and
buyer must specify the basis of the claim of buyer in detail. The failure of buyer to comply with these conditions
shall constitute irrevocable acceptance of the goods by buyer.
In witness whereof, the parties have executed this agreement at ________________________________________
(designate place of execution) the day and year first above written.
_________________________
Signature
_________________________
Signature
HOME IMPROVEMENT
CONTRACT
Mr. Stephen Borgerding
BORGERDING CONSTRUCTION, INC.
850 N. 4th Street
El Cajon, CA 92019
Email • BCSTEVE@COX.NET
California License No. 519925 B
This Home Improvement Contract is entered into by and between Borgerding
Construction, Inc. (“Contractor”) and ______________ (“Owner”) whose residence
address is ______________________________________________, and whose
project address is _________________________________________________.
Legal Description of Project is ____________________________.
A.P.N.: ___________________.
Owner signed this Home Improvement Contract on ________________.
You, the Owner/buyer, may cancel this transaction at any time prior to midnight of the
third business day after the date of this transaction. The Notice of Cancellation may be
sent to the Contractor Borgerding Construction, Inc. at 850 N. 4th St., El Cajon, CA
92019. Owner/buyer may also use the Notice Of Right To Cancel contained within this
contract.
List of Documents Attached/Incorporated in the Home Improvement Contract:
The contract documents consist of the following documents:
1.
2.
3.
4.
This Home Improvement Contract.
Sample Change Order.
Mechanics Lien Warning.
Three-Day Right to Cancel Notice
Description of the Project and Description of the Significant Materials to be Used
and Equipment to be Installed:
Contractor will furnish all labor and materials to construct and complete in a good,
workmanlike and substantial manner: See Exhibit “A” (attached).
Contract Price:
The Contract Price is $_______________.
Page 1 of 14
BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524
(619) 328-0316 Fax
Initial _____
_____
Down Payment:
The Down Payment is in the amount of $1,000.00. (10% or $1,000.00, whichever is less).
Schedule Of Progress Payments:
The schedule of progress payments is represented below.
No. Description of When Progress Payments Are Due
Amount
Total Contract Amount
1
*Down Payment (10% or $1,000.00, whichever is less)
Remaining Balance
2
3
4
5
6
7
After Completion of project
Total Payments
The schedule of progress payments must specifically describe each phase of work,
including the type and amount of work or services scheduled to be supplied in each
phase, along with the amount of each proposed progress payment. IT IS AGAINST
THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET
COMPLETED, OR FOR MATERIALS NOT YET DELIVERED.
HOWEVER, A
CONTRACTOR MAY REQUIRE A DOWN PAYMENT AS SET FORTH ABOVE.
Upon satisfactory payment being made for any portion of the work performed, the
Contractor shall, prior to any further payment being made, furnish the Customer a full
and unconditional release from any claim or mechanic’s lien pursuant to Section 3114 of
the Civil Code for that portion of the work for which payment has been made.
Any alteration or deviation from specifications herein involving extra cost of material,
labor, design, and/or permits will only be performed upon the execution of written
Change Orders for same and will become an extra charge over the sum referenced in
this contract. All agreements and changes must be in writing.
If Contractor furnishes a joint control, Contractor represents and warrants it does not
have any financial or other interest in the joint control.
Page 2 of 14
BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
_____
Payments due and unpaid under the contract documents shall bear interest from the
date payment is due at the legal prevailing rate at the place of the project. There is a
$50 service charge for all returned checks.
All progress payments are required within one (1) day from date the work is completed.
If Owner fails to do so, Owner covenants to pay contractor the sum of ten (10%) percent
on the amount then due, as liquidated damages. The ten (10%) percent liquidated
damages is a sum equal to the additional bookkeeping, interest and administrative cost
contractor will incur and is agreed by Owner and contractor the ten (10%) percent is the
reasonable expense the contractor will incur for any and all late payments. Work will
also be halted until progress payments are made.
Acceptance of any late payment will not constitute a waiver on the part of the contractor
for any further payments and obligations of owner under this agreement.
Substantial Commencement of Work:
Substantial commencement of the work will occur when the physical demolition phase
of the work begins. Project as defined will require approximately ___ days to complete
from substantial commencement of work. Days to complete are business days and
exclude all federal and state holidays. Some work may be performed away from the
subject property. Substantial commencement of work will not occur until Owner has
obtained all necessary governmental approvals and building permits. Contractor shall
not be responsible for delays that take place due to third parties including material
suppliers. Contractor will not be responsible for delays due to Acts of God, natural
disasters, war, or any other event out of Contractor’s control, whether or not it may be
foreseeable.
Approximate Start Date:
The approximate start date for this project is ___To Be Determined_____
Approximate Completion Date:
The approximate completion date for this project is _____________________________
Note About Extra Work and Change Orders:
Extra Work and Change Orders become part of the Home Improvement Contract once
the Change Order is prepared in writing and signed by the parties prior to the
commencement of any work covered by the new Change Order. The Change Order
must describe the scope of the extra work or change, the cost to be added or subtracted
from the Home Improvement Contract, and the effect the order will have on the
schedule of progress payments. A sample of Contractor’s Change Order is included
within this Home Improvement Contract.
Page 3 of 14
BORGERDING CONSTRUCTION , INC.
850 n. 4TH St., El Cajon, CA 92019
(619) 504-0524 (619) 328-0316 Fax
Initial _____
_____
Owner may not require Contractor to perform extra or change-order work without
providing written authorization prior to the commencement of any work covered by the
new Change Order.
Extra work or a Change Order is not enforceable against the Owner unless the Change
Order also identifies all of the following in writing prior to the commencement of any
work covered by the new Change Order:
(i) The scope of work encompassed by the order.
(ii) The amount to be added or subtracted from the contract.
(iii) The effect the order will make in the progress payments or the completion date.
Contractor’s failure to comply with the requirements of this paragraph does not preclude
the recovery of compensation for work performed based upon legal or equitable
remedies designed to prevent unjust enrichment.
Changes in the Work:
Should the Owner, construction lender, or any public body or inspector direct any
modification or addition to the work covered by this contract, the contract price shall be
adjusted accordingly.
Contractor shall promptly notify Owner of (a) subsurface or latent physical conditions at
the site differing materially from those indicated in the contract, or (b) unknown phys …
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