Memorandum of Agreement

Between
________________________________Club
And
Wilson County School District

This Agreement between _______________________________________ Club

hereinafter referred to as “Club”, and the Wilson County Board of Education, each
individually as the “Party” and collectively as the “Parties”.

Now therefore, for and in consideration of mutual promises and covenants herein
contained, the Parties hereto agree as follows:

A. PURPOSE

The purpose of the MOA is to outline the relationship between

____________________________________________ Club and the
Wilson County Board of Education.

B. CONCEPT AND COOPERATION

Both organizations are separate and independent. As such, each organization

retains its own identity in providing services. No element of this Agreement will
be construed to imply any form of financial obligation or liability.

C. RESPONSIBILITIES OF THE PARTIES

In fulfilling the purpose of this MOA, the Parties agree to participate in, and be
responsible for, activities as follows:

1. The Club shall:

A. Provide oversight responsibility through a Board of Directors for all

activities of the Club. This includes but not limited to all financial
operations and travel arrangements.
B. Form as a legal 501(3)(c) organization with the Internal Revenue
Service.
C. Ensure that all coaches are experienced and credentialed by the
appropriate organization.
D. Ensure that proper by-laws are established for the Club.
E. Ensure that the Club carries proper insurance for the Club activity and
its participants.
F. Ensure that the following disclaimer, “The Wilson County Board of
Education and the Administration of the school does not endorse or
sponsor this event/program”, is on all literature or websites produced
by the Club.
Final Contact September 12, 2012
 G. Conduct a multi-state background check, sex offender registry, and
finger printing of every coach/staff member that provides services to
club participants.

2. The Wilson County School District shall:

A. Grant permission to use _______________________ (School Name)

for competition purposes only.
B. Waive the rental fees if the Club wishes to use school facilities as long
as the Club properly fills out the Facility Use Form with the school
they wish to use and the Club provides the proper insurance per the
School Board’s Facility Use Policy. The school must approve the
times the Club can use the building.
C. Grant permission to the Club to purchase an advertisement in the
____________________ (School Name) annual at the Club’s expense.
D. Grant permission for the school to make three announcements over the
intercom system at the beginning of the Club’s season announcing the
dates for the Club’s tryouts.

D. TERM AND TERMINATION OF MOA

The term of this Memorandum of Agreement is for the period of July 1, 2012
through June 30, 2013. At the end of this first year term, and for each year
following, this MOA will automatically renew for one year unless either party
terminates the Agreement with a written notice 60 days prior to the termination
date. In addition, this MOA may be revised in accordance with each
organization’s need if both parties are in agreement of such revisions. This MOA
may be amended only by an instrument in writing signed by the Parties hereto.

E. INDEMNIFICATION

The Club shall indemnify, defend, save and hold harmless the Wilson County
Board of Education, and it’s elected officials, officers, employees, agents,
assignees, and instrumentalities from and against any and all claims, liability,
losses or damages including, but not limited to, Title VII and 42 USC 1983
prohibited acts-arising out of, or resulting from, any conduct; whether actions or
omissions; whether intentional, unintentional, or negligent; whether legal or
illegal; or otherwise that occur in connection with or in breach of this Agreement
or in the performance of the duties hereunder, whether performed by the Club, its
subcontractors, agents, employees or assigns.

This indemnification shall survive the termination or conclusion of this

Agreement.

Final Contact September 12, 2012

 F. GOVERNING LAW

This Agreement shall be construed and enforced in accordance with the laws of the State of
Tennessee. Any action or proceeding brought by either party against the other arising out of, or
related to, this Agreement shall be brought only in a State Court in Wilson County, Tennessee.
The parties hereby submit to the in personam jurisdiction of said Courts.

G. CONSTRUCTION

The language in this Agreement shall be construed, in all cases, according to its fair meaning,
and not for or against any party hereto. The parties acknowledge that each party has reviewed
the Agreement and have had an opportunity to review this Agreement with legal counsel.

H. AMENDMENTS

This Agreement may be amended only by a written document signed by both parties hereto.

I. ATTORNEY FEES

Each party shall be responsible for their respective attorney fees.

IN WITNESS WHEREOF, the Parties hereto have set their signatures for the purposes
contained herein, on the day and date first above written.

WILSON COUNTY BOARD OF EDUCATION

______________________________
Mary Ann Sparks, Interim Director of Schools

______________________ School

______________________Principal (Print Name ___________________)

______________________ Club

______________________President (Print Name ___________________)

Final Contact September 12, 2012