Agreement

between

n!faculty e.V.
- n!faculty e.V. -

and

Alexandros Kougkoulis
[24.11.1992]
Greece,
Kondulh 30
42100 Trikala

from the
01st Feburary 2013

n!faculty e.V.
Kunde, Pinter & Schroeder GbR
12.02.2014

HalloGeschftsstellee .10
41236 Mnchengladbach

I.

[Alexandros Kougoulis]
Born on the [24.11.1992]
Resident in [Trikala / Greece]
-

referred to as "GAMER" -

as well as
II.

n!faculty e.V.
with business residence in Cologne (registered with the Local Court of Cologne, VR
15478), represented by Mike Nowak, Reiherstrae 83, 46282 Dorstem, Germany.
- referred to as "CLUB" - hereinafter together referred to as "PARTIES" -

conclude on basis of the talks preceding the signing of the agreement and after detailed
explanation and negotiation of the terms and conditions the following Agreement:
Preamble
The GAMER plays the computer game Combat Arms or similar games in his leisure time and
performs this activity in competitions against other gamers, too (so-called electronic sport,
eSport). Furthermore the GAMER is member of the Club
The GAMER acknowledges that the CLUB has to assume duties towards the sponsors in order
to obtain the required sponsoring support. The majority of these duties can only be fulfilled if
the GAMER observes certain rules.

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n!faculty e.V.
Kunde, Pinter & Schroeder GbR
12.02.2014

HalloGeschftsstellee .10
41236 Mnchengladbach

1.

Subject of the Agreement

1.1

The CLUB commits itself to promote the GAMER in the exercise of his sporting
activities in accordance with the claims pursuant to No. 2.

1.2

In return the GAMER commits himself to play the game Combat Arms or similar
games exclusively for the CLUB for the total duration of the Agreement.

1.3

In case the GAMER is capable of offering a livestream he commits himself to stream

via a channel promoted by the CLUB.

1.4

The GAMER entitles the CLUB as far as this refers to the activity pursuant to No. 1.1 to
use and commercialize unconditionally his image, his name as well as his nickname,
his statements, as well as specified characteristics affiliated to the activity pursuant to
No. 1.1. The entitlement also refers to the sector of all current and future media such
as online services, mobile services etc. The entitlement is limited to the duration of
this Agreement whereas the limitation does not apply to the medial and multimedial
utilization of archived pictures.

2.

Claims of the GAMER

The GAMER has the right to claim 100% of the prize money which he won at leagues
and tournaments.

3.

Duties of the CLUB

3.1

The CLUB is committed to serve the claims of the GAMER according to Sec. 2.

4.

Rights of the CLUB

4.1

The CLUB is entitled to fix the team name under which the GAMER has to play.

4.2

The CLUB is entitled to claim all trophies or checks won by the gamer or team.
Hardware and other non financial rewards won by the GAMER are excluded from this
claim.

4.3

The gains resulting from the commercial utilization of the rights granted in No. 1.4
appertain solely to the CLUB as far as no other explicitly differing settlement is fixed in
this Agreement.

5.

Duties of the GAMER

5.1

The GAMER is not allowed to exercise the game termed in No. 1.1 for a third party for
the total duration of the agreement. This duty includes competitive games as well as
games for test- and practice purposes.

5.2

The GAMER has been made aware that he has to promote the statute of the CLUB and

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12.02.2014

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41236 Mnchengladbach

the CLUB itself irrespective of his duties resulting from this Agreement as he himself is
a member of the CLUB. Furthermore the GAMER commits himself to show
sportsmanlike behavior towards competitors as well as a flawless behavior towards
organizers.
5.3

The GAMER commits himself to wear the current outer clothing (e.g. team-shirt)
provided by the CLUB at all events and especially at the award ceremonies and
interviews. This duty does not apply if the outer clothing is not authorized by the
organizer of the respective event.

5.4

The GAMER commits himself to participate, respectively contribute to publications (e.g.

corporate brochures, leaflets etc.) for public relational purposes and cultivation of
relationships with the sponsors especially on television, through radio broadcasting
and in the press as well as at official events, award ceremonies, shows, autograph
sessions, on special occasions etc. all chosen by the CLUB and specified in individual
cases. In the context of the aforementioned events No. 5.3 is to be applied
accordingly.

5.5

The GAMER commits himself to represent the CLUB as well as the sponsors positively
and promotionally effective and is obliged to act with an immaculate appearance. In
accordance to his duties termed in No. 5.3 and 5.4 the GAMER especially has to use
the equipment (e.g. keyboard, computer mouse) placed at his disposal by the
sponsors. Within the scope of his activities according to No. 1.1 the GAMER is not
allowed to make advertisement for or promote any other brand than the CLUB or a
brand of a partner of the CLUB also through or on the outer clothing without an
approval by the CLUB. The CLUB can deny its approval if the advertisement is used to
support enterprises or associations which are competing with the partners of the
CLUB.

6.

Cheating
The GAMER assures that he did not use programs or unfair means or undertake any
illicit measures that aimed at obtaining an irregular advantage (so-called cheating) in
his past sporting performance, neither in official nor in unofficial games. The GAMER
assures that he will not undertake any measures in the future that could be
considered as cheating.

7.

Performance of the GAMER / Premiums

The GAMER acknowledges that the cooperation established through this Agreement is
only possible, if the GAMER constantly extends his previous level of performance. On
this basis the GAMER commits himself to practice to the necessary extent. The form of

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Kunde, Pinter & Schroeder GbR
12.02.2014

HalloGeschftsstellee .10
41236 Mnchengladbach

the training and the practice time is solely incumbent on the GAMER. The same
applies to the preparation and practice during the competitions.

8.

Priority of educational and occupational duties

Appointments related to education, especially school education and appointments
with the employer of the GAMER take priority over the obligations of the GAMER
termed in this Agreement. Regardless of this fact the GAMER commits himself in case
of collisions with educational or occupational duties to cancel practice appointments
at least 2 days and Lan-appointments at least 14 days in advance as far as he was
informed about the appointments or else as soon as he is informed about them.

9.

Contract duration

9.1

This Agreement comes into force on 01.02.2014. Its duration is not limited. It can be
terminated by each Party with expiring date of 31st of June or 31st of December by
written notice not later than one month before the relevant expiring date. Regardless
the aforementioned conditions each Party reserves the right to terminate this
Agreement without notice for cause. Cause shall mean all significant incidents which
render the continuation of the Agreement unacceptable to the terminating party. In
particular but not limited Club is entitled to terminate in case of material breach of any
terms of this Agreement by Player.

9.2

Regardless of the conditions termed in No. 9.1 the PARTIES are entitled to a dismissal
for exceptional reasons (so called auerordentliche Kndigung (german language)).
Such an exceptional reason is especially given if

a behavior as pursuant to No. 13 entitles to a dismissal for exceptional reasons;

or
the computer game termed in No. 1.1 may not be sold anymore in Germany due
to legal requirements and regulations.

The dismissal has to be expressed in written form through certified / registered mail
(so called Einschreiben or similar form of mail offered by a foreign mail service).
[siehe oben]

10.

Additional declarations of the GAMER

The GAMER affirms that at the moment in which the agreement is signed there are no
arrangements due to which the GAMER would be prevented to enter this agreement or
prevented to fulfill the obligations termed hereunder.

11.

Confidentiality
The PARTIES commit themselves to keep confidential and secret the contents of this

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12.02.2014

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41236 Mnchengladbach

Agreement. The GAMER is not entitled to disclose this agreement or its termed
content to a third party. This does not apply neither to the GAMERS legal
representatives nor as far as the GAMER uses a person bound to professional
discretion (e.g. a lawyer) to attend to his interests in case of a dispute. Furthermore
this does not apply as far as the GAMER is legally bound to disclose information.

12.

Consequences of a breach of duty by the GAMER

12.1

In case of a breach of duty of No. 5.1 (exclusivity), a deliberately untruthful

declaration with regards to No. 6 (Cheating) or No. 10 (additional declarations) and in
case of breach of confidentiality as termed in No. 11 the CLUB is, in every single case
of breach, entitled to lay claim to a sum in the amount of 300 EUR (in words: three
hundred Euro) (hereinafter: CONTRACTUAL PENALTY).

12.2

In case of a breach of duty of No. 5.2 (statute of the Association / Fair Play), No. 5.3
(outer clothing), No. 5.4 (participation at events) including an unexcused refusal to
participate and a breach of behavior as termed in No. 5.5 the CLUB is entitled to
express an admonition. After expression of an admonition the CLUB is entitled to lay
claim to a CONTRACTUAL PENALTY from the GAMER in case of a repetition of a breach
of one of the breaches aforementioned. It is not relevant for the claim of the
CONTRACTUAL PENALTY whether the new breach is the same as the one for which the
admonition has been expressed or a new one out of the breaches aforementioned.

12.3

In case the GAMER neglects his obligation of reporting as termed in No. 5.6 the CLUB
is entitled to retain the performances termed in No. 2 and 7 until the GAMER has
fulfilled the obligations.

12.4

If the CLUB is entitled to lay claim to a CONTRACTUAL PENALTY due to a breach of

obligation, the CLUB is always entitled to dismiss this Agreement for exceptional
reasons and demand compensation as termed in No. 13.5, too. The dismissal for
exceptional reasons implicates the return on the part of the GAMER of all granted
allotments by the CLUB, both material (T-shirts, hardware etc.) and financial.

12.5

Without prejudice to the rights from No. 13.1 to 13.4 the CLUB reserves itself to claim
for damages arising from the breach of obligation. The claim for damages especially but not limited to this - includes money damages based on the breach of duty of the
GAMER and on the decrease or omission of sponsor money.

13.

Impartations
All duties to inform and obligations to notify as termed in this Agreement as well as all
necessary declarations as far as they are not explicitly termed differently are to be
imparted to the following contact details:

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n!faculty e.V.
Kunde, Pinter & Schroeder GbR
12.02.2014

HalloGeschftsstellee .10
41236 Mnchengladbach

If to the GAMER
Alexandros Kougkoulis
Kondulh 30
42100 Trikala
Greece
If to the CLUB
n!faculty e.V., Wiener Platz 2a, 51065 Cologne
E-Mail: management@faculty.de
Telephone number: +49 (0) 1577 - 6654653
The PARTIES commit themselves to communicate respectively to the other PARTY any
change in the contact details specified in this No. without delay.

14.

Final provisions

14.1

This Agreement is governed by the laws of the Federal Republic of Germany.

14.2

Any changes, amendments or modifications of this Agreement shall only be valid, if

made in written form. This also applies for this No. 15.2.

14.3

In case of a dispute (the dismissal, claims for damages etc.) the PARTIES will make
the effort of reaching a settlement through the appointment of an arbitrator each. As
far as no settlement can be reached the place of business of the CLUB will be the sole
place of jurisdiction in case the GAMER has no general place of jurisdiction in the
Federal Republic of Germany or moves his place of residence abroad after the
conclusion of this Agreement.

14.4

Should one or several provisions of this agreement become or turn out to be invalid or
impracticable in whole or in part, any such invalidity or impracticability shall not affect
the validity of the remaining provisions of this Agreement. In such event the parties
will agree to replace this invalid or impracticable provision by a valid and practicable
which corresponds to the meaning and the purpose of the invalid or impracticable
provision to the greatest extent possible. The same shall apply in events of gaps
which will be filled by such provisions which the parties would have reasonably
agreed upon in light of the intentions and purposes reflected in this Agreement had
they been aware of the gaps at the outset.

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n!faculty e.V.
Kunde, Pinter & Schroeder GbR
12.02.2014

HalloGeschftsstellee .10
41236 Mnchengladbach

......................................
(Place, Date)
......................................
(Place, Date)

..
(Signature of the GAMER)
..
(In case of minors: Signature of the legal guardian)

The agreement comes into force after Clubs reception of this Agreement signed by
the Player and Clubs acceptance of this Agreement made via E-Mail towards Player.

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