EXHIBIT 10.2
PERSONAL SERVICES CONTRACT
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THIS CONTRACT, made and entered into as of this 28th day of,
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July 2005, by and between John O'Hurley, c/o Epic Sports Management, Inc.
("O'Hurley") and The World Golf League, Inc. ("Company")
The subject of this contract is the Company's television show, "The Million
Dollar Shootout" and its related marketing campaign. The contract is for one
calendar year, beginning July 27th, 2005 and ending July 27th, 2006 ("the
contract period"). Specifically, the parties agree to the following terms and
conditions:
1. Services to be Rendered
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In consideration for the compensation set forth in paragraph (3),
O'Hurley will:
(a) Appear in Company's "The Million Dollar Shootout" as
host. Company will film the show the week of October 17th,
2005. It is estimated that filming will take 5 days. (Monday
October 17 thru Friday October 21st)
2. Use of Name, Image, and Likeness
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The parties understand and agree that the Company may use
O'Hurley's name, image and likeness for the Company's overall
marketing and promotion of the show. Company has the right to use
O'Hurley's name, image, and likeness on its website. Company may use
O'Hurley's name, image, and likeness for the full contract period,
provided all payments are current. It is understood, however, that
Company may begin using O'Hurley's name, image, and likeness once this
contract is fully executed and the first payment of five thousand two
hundred and fifty dollars ($5,250) is received.
3. Compensation
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Company shall pay O'Hurley a total fee of one hundred and five
thousand ($105,000) in cash (7 cable episodes at $15,000 per episode)
for performing the services set forth in paragraph (1) and for the use
of O'Hurley's name, image and likeness as set forth in paragraph two
(2). Payments shall be made as follows:
a) Five thousand two hundred and fifty dollars ($5,250.00)
payable within five (5) days of the contract being fully
executed for the use of O'Hurley's name, image, and likeness
in promoting "The Million Dollar Shootout". Once paid, this
amount is non-refundable.
b) The Second payment of fifteen thousand, seven hundred
and fifty dollars ($15,750) is payable within thirty (30)
days of the Contract being fully executed. Once paid, this
amount is non-refundable.
c) The final payment of Eighty four thousand dollars
($84,000) is payable within five (5) days of the completion
of the shoot.
All checks to be made payable to: Epic Sports Management, Inc.,
226-5 Solana Rd, Ste 167 Ponte Vedra Beach, Fl 32082.
4. Expenses
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Company will pay all reasonable travel expenses incurred by
O'Hurley in connection with performing the services under this
contract. Expenses may include, but are not limited to, first class or
private air travel, accommodations, and meals.
5. Income Taxes
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O'Hurley is responsible for paying all income taxes incurred as a
result of the compensation paid by Company for services rendered under
this contract.
6. Option to Renew
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The parties may mutually agree to renew this contract beyond the
contract period, subject to terms and conditions acceptable to both
parties.
7. Scope of Contract
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The parties further understand and agree that this contract only
covers the services enumerated above in paragraph one (1) and the use
of O'Hurley's name, image, and likeness for the contract period as set
forth in paragraph two (2). Any additional services, such as
appearances, will be negotiated on a case-by-case basis.
8. General Provisions
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(a) The parties are and shall be independent contractors to one
another, and nothing herein shall be deemed to cause this
contract to create an agency, partnership or joint venture
between the parties.
(b) Entire Contract: This contract supersedes any and all other
contract, either oral or in writing, between the parties hereto
with respect to the retention of O'Hurley by Company, and
contains all the covenants and agreements between the parties
with respect to that hiring in any manner whatsoever. Each party
to this contract acknowledges that no representation,
inducements, promises, or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party,
which are not embodied herein, and that no other agreement,
statement, or promise not contained in this contract shall be
valid or binding on either party, except that any other written
agreement dated concurrent with or after this contract shall be
valid as between the signing parties thereto.
(c) Modifications: Any modifications of this contract will be
effective only if it is in writing and signed by both parties.
(d) Waiver: The failure of either party to insist on strict
compliance with any of the terms, covenants or conditions of this
contract by the other party shall not be deemed a waiver of that
term, covenant or condition, nor shall any waiver or
relinquishment of any right or power at any one time or times be
deemed a waiver or relinquishment of that right or power for all
or any other times.
(e) Partial Invalidity: If any provision in this contract is
held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless
continue in full force without being impaired or invalidated in
any way.
(f) The obligation of either party to perform any acts hereunder
shall be suspended during the period such performance is
prevented by "Acts of God", war, riot, invasion, fire, accident,
government interference, regulations, appropriations or rationing
or any emergency beyond the control or inadvisable of either
party. The party injured by the other's inability to perform may
elect to terminate this contract.
(g) In the event of an illness, emergency or unforeseen
circumstance that makes it impossible for either party to
perform, it is agreed that such non-performance will not be
considered a default or breach by said party. However, the
parties will make their best efforts to reschedule as soon as
possible at a mutually agreeable time. Once a new shoot schedule
is established, any remaining payments owed to O'Hurley will be
made pursuant to the terms set forth above in paragraph three
(3).
(h) Governing Law: This contract shall be governed by the laws
of the State of Florida.
(i) Attorney's Fees: If any legal action is commenced or
necessary to enforce or interpret the terms of this contract, the
prevailing party shall be entitled to reasonable attorneys' fees,
costs and necessary disbursements in addition to any other relief
to which the party may be entitled.
AGREED TO:
COMPANY John O'Hurley
By: /s/ Michael S. Pagnano By: /s/ John O'Hurley
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Print: Michael S. Pagnano Print: John O'Hurley
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Title: CEO
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Date: July 28, 2005 Date: July 10, 2005
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