KHO INDEPENDENT CONTRACTOR AGREEMENT

SECTION A – TERM OF AGREEMENT

Agreement. This Independent Contractor Agreement (the “Agreement”) is entered into between Keystone Hockey Officials (“KHO”) and the undersigned individual (hereinafter “you,” “your,” or “yourself”). You and KHO are collectively referred to herein as the “Parties.” The purpose of this Agreement is for KHO to assign officials to its client-sanctioned hockey games, and you wish to receive game assignments from KHO to work in a defined role as part of the game personnel.
Limited Term. This Agreement is limited only to the game assignment(s) that you are offered and accept for the period commencing July 1, 2023 and ending June 30, 2024 (the “Season”), and this Agreement shall terminate automatically at the end of the Season. This Agreement does not apply to assignments received outside of KHO to provide other services to games or events covered by KHO, and KHO makes no promise – express or implied – that you will be offered any assignments at all during the Season.
Termination. This Agreement shall terminate automatically at the end of the Season and thereby shall not apply to assignments beyond the termination date. You may terminate this Agreement for any reason prior to that time by providing KHO with notice, in writing, that you will no longer be accepting game assignments from KHO. Any termination of this Agreement will terminate the KHO’s obligation to pay you for any assignments with respect to each and every game in which you do not serve.
Entire Agreement and Modifications. This Agreement sets forth the entire contract between the Parties and supersedes any written or oral understanding, promise, or agreement directly or indirectly related to your performance of services for KHO. Any amendments, supplements, or modifications to this Agreement shall not be valid unless they are made in a writing that is signed by you and an authorized representative of KHO.

SECTION B – CONTRACTOR STATUS

Independent Contractor. You and KHO each intend that, for each and every game assignment, you will perform services as, and shall be treated as, an independent contractor and not an employee of KHO. This Agreement is not intended to be, and shall not be interpreted as, a contract of employment. You agree that you are properly classified as an independent contractor and shall be treated as such within the broadest possible meaning and application of all federal, state and local laws and regulations, including, without limitation, all laws and regulations addressing unemployment insurance, workers’ compensation, industrial accidents, labor and employment matters, and taxes. In the performance your services under this Agreement, your relationship with KHO shall not at any time be considered a relationship of employer/employee, master/servant, agent/principal, joint venture or partnership. As an independent contractor, you understand and agree that you are not authorized to act on behalf of KHO nor bind the KHO in any manner. You also agree that you shall not hold yourself out to anyone as an employee, partner, agent or joint venturer of KHO. You shall be paid on a “per game” basis, or in other words a “per job” basis, and not on an hourly wage or yearly salary. In addition, KHO agrees to utilize your services on a “game-by-game” basis, and for no longer time period. Each game assignment shall be an independent work engagement subject to the terms of this Agreement.
Your Right to Work Elsewhere. Nothing contained in this Agreement is intended to, or will be construed to, restrict your right to provide services, as an off-ice official or otherwise, to any other person or entity during the term of this Agreement. You have the right to provide services for any other assignors, teams, leagues, associations, organizations and/or entities throughout the term of this Agreement and following its termination. You also have the right to work elsewhere in any capacity – whether as an independent contractor, consultant, employee or otherwise – throughout the term of this Agreement and following its termination.
No Employment Benefits. You understand and agree that, because you are an independent contractor, you will not be entitled to any benefits that may be customarily afforded to an employee, including, without limitation, medical, dental, vision, disability or other insurance benefits, vacations, holidays, sick or personal leave, workers’ compensation, unemployment insurance, retirement or pension benefits or any other employee benefits.

SECTION C – DUTIES AND ASSIGNMENTS

Job Duties. You agree to serve each game to which you are assigned to the best of your ability. You agree to enforce, abide by, and adhere to the applicable procedures, protocols, policies, and rules, including without limitation any policies relating to pre-game, in-game, and post-game responsibilities, (collectively, “Procedures”) as may be prescribed by the league, a governing body or other entity associated with a particular game. KHO shall provide reasonable accessibility to such Procedures prior to each game assignment.
Proposed Assignments. KHO reserves the right, in its sole discretion and with or without cause, not to offer you any game assignments or to cease offering you any further game assignments. Otherwise, KHO shall, at its discretion, provide you with proposed individual game assignments and corresponding role, as well as the process for accepting or rejecting those proposed assignments. As an independent contractor, you retain control over which proposed game assignments you chose to accept and which proposed assignments you choose to decline. Thus, you have the right under this Contract to decline any game or games to which you are assigned by KHO. Any or all of the game assignments that you accept are also subject to immediate amendment, modification, or cancellation upon oral or written notice to you by KHO when KHO is no longer requested to provide such services to a partner, determines solely that such modification is in the best interest of KHO and/or its partners, or by failure of you to perform fully all requirements of this Agreement.
Accepted Assignments. An accepted game assignment constitutes a delegation and assignment to you of KHO’s contractual duty to provide staffing services at partner-sanctioned ice hockey games. KHO may require you to formally identify which assignments you have accepted. By accepting a game assignment and undertaking a game assignment, you agree to accept the duty of appearing at and providing staffing services for that particular game or games. You may not assign, delegate, or transfer your game assignments to any other person or entity without the express written consent of KHO.
Declined Assignments. KHO requires you to identify which proposed game assignments you choose to reject and may request the accompanying reason(s) why. Failure to accept an assignment in a reasonably timely manner may also constitute a declined assignment, as determined by KHO.
Returned Assignments. In the event you wish to give back an assignment after accepting it, you must provide proper notification to KHO at the first opportunity, along with a reason for the turnback request.

SECTION D – REQUIREMENTS

Materials. KHO shall supply or arrange for applicable game-related manuals, materials, checklists, and similar items deemed necessary for performing the duties of the assigned position, as well as user accounts to any web application needed to fulfill the duties of the game assignment.
Equipment. You agree that you are responsible for providing, at your own cost, all equipment needed for you to perform the position assigned to you. KHO shall have no obligation to provide you with such equipment nor to pay you for any costs incurred by you to obtain or maintain such equipment.
Registration. Prior to receiving any proposed game assignment(s) for the current Season, you shall electronically provide KHO with all of the following:
1. Proof of completion of the required credentials for applicable positions, including applicable training sessions, online modules, and screenings.
2. Proof of compliance with Pennsylvania Act 15 of 2015 relating to background clearances for persons in paid positions performing work in direct contact with children in the Commonwealth of Pennsylvania.
3. Any and all other documentation which KHO may request for the purposes of verifying your eligibility to serve in a specified role at an applicable event.

SECTION E – FINANCIAL TERMS

Game Fees. For each game/event that you serve in an assigned role, KHO shall pay to you – and you agree to accept – the game fee set forth in the Horizon Web Ref assigning system (the “Game Fee”). The PIHL reserves the right to increase or decrease Game Fees at any time up until 7 days prior to the date of any particular game.
Payment for Services Provided. You will receive payment of your outstanding Game Fees no greater than 6 months following the date of an assigned game. KHO shall transmit payment directly to you either in the form of a monetary deposit sent to you electronically or in the form of a check. You agree to provide KHO with such information as may be required to assist KHO with coordination of payments to you for the services you render pursuant to this Agreement.
Related Expenses. You are responsible for all expenses related to your game assignment(s), including travel, lodging, meals, and equipment. KHO shall only provide a reimbursement of expenses to you if such reimbursement is approved, in writing by an authorized agent of KHO, in advance of the assignment(s) or date in which the expense(s) is incurred. Any such reimbursement shall be paid within 30 days after sufficient proof of the expense is provided by you to KHO.
No Tax Withholdings or Deductions. You acknowledge that KHO will not deduct nor withhold from payments to you any Federal Income Insurance Contributions Act (“FICA”) taxes or any federal, state or local income taxes. KHO will not pay on your behalf any FICA taxes or Federal Unemployment Tax Act (“FUTA”) or state unemployment taxes. KHO shall report payments to you on an IRS Form 1099. You acknowledge and understand that you must report and pay all applicable income and employment taxes, Self-Employment Contribution Act (“SECA”) taxes, as well as any other required tax payments, with respect to all payments made to you by KHO pursuant to this Agreement. You also agree to indemnify and hold KHO harmless from: (a) any claims for additional compensation or benefits arising from or related to your services as an official under this Agreement; and (b) any tax liabilities imposed on you by any governmental authority as a result of any failure by you to report or pay any income taxes on payments made to you under this Agreement.

SECTION F – RIGHTS AND RESTRICTIONS

Assumption of Risk. You understand, acknowledge, and agree that performing services on, in, or in close proximity to the playing area at an ice hockey game is an inherently dangerous activity. You hereby assume all risk of injury and death associated with performing any task arising out of or related to your performance of your duties as set forth herein. KHO shall under no circumstances be responsible for any injuries whatsoever that you may sustain through the performance of your duties as set forth herein, including any injuries sustained while travelling to or from any game assignment.
Insurance and Indemnification. You agree that you shall be responsible for obtaining, for your own benefit, medical, hospitalization, disability, workers’ compensation, comprehensive general liability and any other forms of insurance in such amounts as you shall determine for any and all claims that you might incur: (a) in performing services pursuant to this Agreement, and (b) in traveling to or from any game site. You further agree, on behalf of yourself and your heirs, personal representatives, executors, administrators, successors and assigns, to indemnify and hold harmless KHO, its members, administrators, officers, and agents and all of KHO’s partners and vendors with respect to any and all claims (including any claims brought by you or by any of your heirs, personal representatives, executors, administrators, successors and assigns), losses, liabilities or damage (including, without limitation, attorneys’ fees) that arise out of or relate in any way to either: (a) your act(s) or omission(s) with respect to your performance of services pursuant to this Agreement, including, without limitation, any personal injury (including death) incurred by you in rendering services under this Agreement or in traveling to or from any game site; or (b) any failure by you to obtain or maintain insurance required here-under during the term of this Agreement.
Choice of Law. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws principles. You and KHO also agree that any dispute arising out of or relating to this Agreement or your performance of services here-under shall be brought exclusively in a state or federal court of competent jurisdiction located in Allegheny County, Pennsylvania.
No Construction Presumptions. No statute, case law, or rule of interpretation or construction that would or might cause any provisions to be construed against the drafter of an agreement shall have any force or effect with respect to this Agreement.
No Waiver. Any failure by KHO to insist on strict performance of any terms of this Agreement shall not be construed as a waiver by KHO of any rights under the Agreement.
Severability. To the extent that any provision of this Agreement shall be determined to be invalid or unenforceable, such provision shall be deleted from this Agreement, but the validity and enforceability of the remainder of this Agreement shall be unaffected. This Agreement shall be construed in a manner that renders its provisions valid and enforceable to the maximum extent (not exceeding its express terms) possible under applicable law.
Name, Image, and Likeness. You agree and consent to KHO using your name, image, and likeness in connection with materials created or circulated by KHO or any of its clients, including without limitation, broadcasts, advertising, social media posts, websites, printed materials, and word-of-mouth.