North County Terms and Conditions Acknowledged
- I am responsible for the payment of any and all taxes associated with payment for services under this Agreement.
- I agree that this agreement shall be binding on myself, my family members, heirs and any personal representatives that may be acting on my behalf.
- I agree to indemnify and hold harmless the North County Basketball Officials Association (NCBOA) or the Association, its officers, Board of Directors, assignors, and current Association members from any liability, health and safety risk, perceived income loss, property loss or damage, cost or expense howsoever arising from my participation in any basketball officiating activity, any activity assigned/sponsored by NCBOA, or from my personal indiscretion while on or near a vendors site.
- I waive all claims and relinquish any right to sue or otherwise make any claim, including, but not limited to: Claims for negligence and attorney’s fees, against NCBOA, its officers, assignors, Board of Directors and Association members that are civil in nature.
- I am aware that certain risks exist in my capacity as a basketball official. Among these risks, but not limited to, is the risk of personal health and injury arising from personal and third-party negligence, torts, or intentional conduct. My participation as a basketball official for NCBOA is wholly voluntary, and I freely assume all risks, including unforeseen risks.
- I acknowledge that I am responsible for medical expenses that may be incurred in relation to officiating, including but not limited to clinic, hospital, emergency room, physical therapy, drug and medication expenses.
- This Agreement will become effective upon submitting application and will remain in force for the duration of the upcoming basketball season. The start and end dates of the upcoming season shall be determined by the Association, its officers, and Board of Directors.
- I understand that no games may be assigned to me for the upcoming season prior to submitting this Association.
- Upon payment of the proper dues and properly completing all enrollment forms as required by the Association, I will be eligible to receive officiating training sufficient to make me qualified to referee basketball games up to and including the high school level.
- NCBOA will provide training and conduct testing to equip Officials with adequate skills to officiate basketball games at various levels.
- I acknowledge that NCBOA is an Official’s Association focused on high school basketball rules and mechanics.
- I understand that if I am an Official with basketball officiating experience above the high school level, that I will still be required to perform the duties, tasks, certifications, mechanics, complete the instructional requirements, and be evaluated by NCBOA as a high school basketball official.
- I acknowledge that being on the NCBOA roster does not obligate the NCBOA to make any game assignments to Official nor is the NCBOA obligated to make a minimum number or certain quality level assignments to Official.
- All assignments are subject to change within the discretion and for the best interests of the NCBOA and may be changed or deleted by the NCBOA at any time.
- I acknowledge that I have read and understand the Constitution, By-Laws and Operating Policies of NCBOA and will abide by them as currently in force and as hereafter approved by the NCBOA General Membership or Executive Council.
- I acknowledge that for all levels of high school games, I will receive payment directly from the school or via ArbiterPay for the services that I perform.
- I accept responsibility for an assignment fee to be paid to the Assignment Secretary prior to receiving a regular CIF/high school assignment.
- I also acknowledge this assignment fee is optional, and I do not have to pay the fee if I do not want to work CIF/high school related assignments. By paying this fee, I agree to accept the decisions made by the assignor(s) and applicable assignment committees in relation to my assignments as in the best interests of the overall Association.
- I understand that NCBOA is not required to provide any form of insurance to cover me, be it health or liability.
- I must provide the Association with proof of liability insurance covering my participation as a basketball official, in an amount as established by the Executive Council of NCBOA.
- I also understand that it is my personal obligation and responsibility to ascertain my own individual health insurance.
- NCBOA does not provide workers compensation insurance.
- I fully understand that the Association will not pay any state or federal unemployment compensation benefits on my behalf. Furthermore, I am not entitled to these benefits in connection with games assigned and worked by me.
- NCBOA will not withhold any FICA (Social Security and Medicare taxes) from monies due officials or make FICA payments on any Officials behalf.
- NCBOA will not make state or federal unemployment compensation contributions on any Officials behalf.
- NCBOA will not withhold state or federal income taxes from Officials payment.
- I agree that the elected officers, Board of Directors, or an appointed, applicable committee of NCBOA has the right to perform a background check on me for the purposes of verifying my identity and determining whether I have been convicted of a criminal offense.
- I agree to provide NCBOA with a fingerprint card and any applicable police reports associated with that card certified by a San Diego county law enforcement agency within ten business days showing my fingerprints, at my own expense, if and when requested to do so by NCBOA.
- With reasonable cause, either NCBOA or I may terminate this agreement, effective immediately after providing written notice and following the By-Laws of the Association. Reasonable cause includes (a) a material violation of this agreement or the By-Laws of the Association, (b) any act exposing the Association to liability to others for personal injury or property damage.
- I am responsible for all expenses incurred while performing services, including but not limited to, license fees, if any, memberships and dues, uniforms, automobile and other travel expense, meals and entertainment, insurance premiums, and other incidental expenses.
- I am an Independent Contractor, not an employee, partner or agent of NCBOA or the Association.
- I am aware of California Labor Code Section 3352(n) concerning an Official’s status as an independent contractor in California. I have the right to perform similar or like services as an Official for others during the term of this agreement:
- I have the right to accept or refuse assignments according to my own preference and schedule, as to the time and date, according to the By-Laws of the Association as they pertain to fines, etc.
- I will submit to and abide by all medical protocols and requirements at each assigned host institution and NCBOA.
- I acknowledge that I shall self-withdraw from any assignment if ill or feeling sick at any time within 14 days of an NCBOA assignment.
- I will furnish all equipment and material used to provide the services required by this Agreement with the exception that the Association will provide all educational materials and testing as required by the CIF for Officials to become certified to referee High School basketball games in San Diego and surrounding Counties.
- This is the entire Agreement between NCBOA / The Association and me. If any part of this Agreement is held unenforceable, the rest of the Agreement will remain in effect. The laws of California will govern this Agreement.
- This agreement is in effect on a year-by-year basis. The Association reserves the right to review any Independent Contractor application at the beginning of each basketball season and make an ‘enter into agreement with’ determination on Officials in regard to the needs and best interests of the Association. The Association reserves the right to refuse dues or return dues (minus the cost associated with training materials) to an Official within sixty business days of an Association review, when a determination is made to not enter into agreement with an Official.
- This Agreement does not create a partnership relationship. I do not have the authority to enter into contract(s) on the Association’s behalf. I may not assign or subcontract any rights or obligations under this Agreement without the Association’s prior consent, as provided by the NCBOA By-Laws.
- I agree that I am at least 18 years of age and have read this agreement fully and understand its contents. I am aware that this is a release of liability and a contract between myself and NCBOA, which I submit of my own free will and without prejudice.