Terms of Service Pro

Date 12.01.2024

TEAM SERVICES AGREEMENT

This Services Agreement (hereinafter called “Agreement”) is made by and entered into as of , 2024
(“Effective Date”) by and between ____
(“Team “) and Phuel Sports Science LLC d/b/a Athlete Blood
Test (“ABT”). Team and ABT may also be referred to herein each as a “Party” or collectively as the “Parties.”

  1. Scope of Services: ABT shall provide Team with the following non-medical services (“Services”):
    Management of Team blood collection events, including (check all that apply):
    _ Laboratory management (including price negotiations, availability, ensuring communication of critical values from the laboratory, and add-on testing) Phlebotomy service management (laboratory requisitions, supplies, handling of samples
    and phlebotomists)
    Reporting management (including integration between laboratory and team portal)
    Athletic performance evaluation and analyses
    Other _________________________________________________________
  2. Term: This Agreement shall remain in effect for three (3) years from the latest execution date below (the
    “Effective Date”). Notwithstanding anything herein to the contrary, this Agreement (including any extension
    thereof) may be revised, altered, or modified by the Parties upon written notification; providing, however
    any such change shall only be for the period following receipt of such notice, and any change shall be subject
    to the approval of the Party receiving such notice.
  3. Termination: Either Party to this Agreement may terminate it upon thirty (30) days written notice, for cause
    or no cause; or immediately upon written notice of material breach. For purposes of this section a “material
    breach” shall include a breach of paragraphs 1,4,5,7, or 8.
  4. Compensation: As compensation for the Services rendered in accordance with the terms of this Agreement,
    Team shall compensate ABT at the rates set forth in a payment addendum, which shall be adjusted from
    time to time, including for inflation and increased costs of laboratory services. ABT shall invoice Team
    periodically, but not to exceed once every two weeks. Team will pay ABT within 30 days after receipt of any
    invoice. All fees and expenses shall be calculated and paid in United States Dollars (USD).
  5. Confidential Information: ABT, for itself, and on behalf of all of its employees, contractors, or agents
    (collectively, the “ABT Parties”), agree that the terms of this Agreement, and any information they acquire regarding any aspect of, or participant in, testing shall be considered “Confidential Information” under this Agreement. Without limiting the generality of the foregoing, Confidential Information shall include any information that the ABT Parties acquire concerning: (i) any athlete, player, or coach information from Team; (ii) the test results or any other personal or medical information (to the extent received) regarding any athlete, player, or coach. The ABT Parties shall be prohibited from disclosing Confidential Information to any third party unless ABT gives its prior written consent to such disclosure, or such disclosure is mandated by state or federal law; provided, however, that nothing in this Agreement prohibits or limits ABT’s ability to keep, review, or use, anonymized data and information collected under or as a result of this Agreement, or assist in the preparation of any article or report concerning or relating to this Agreement in any publication, including any learned publication such as an academic journal, so long as any such data or information usedwith respect to such materials is anonymized. ABT agrees that it will inform all of its employees, contractors, or agents of their confidentiality obligations, and will immediately cease using any employee, contractors, or agent that breaches this obligation for Team collections.
  6. Independent Contractor Status: ABT, its employees, agents, and its independent contractors shall be in the relation of independent contractor with Team, and nothing herein shall be construed as designating Team, its employees, or independent contractors as agents, partners, representatives, or employees of Team for any purpose.
  7. Team Responsibilities: Team is responsible for ensuring, and represents and warrants that it has, obtained and maintained all appropriate consents, including but not limited to informed consents to use anonymized or non-anonymized personal information or data procured or produced as a result of or under this Agreement.
  8. Force Majeure: Any delay or failure by either Party hereto in the performance of this Agreement will be excused only to the extent that the delay or failure is due solely to causes or contingencies beyond the reasonable control of such Party. If any force majeure condition occurs, the Party whose performance fails or is substantially delayed because of such force majeure condition, shall give immediate notice to the other Party, and the protection of this paragraph shall begin only upon receipt of such notice.
  9. Entire Agreement: This Agreement constitutes the entire agreement between Team and ABT relating to the subject matter herein and supersedes all prior service agreements between the parties from and after the Effective Date.
  10. Survival: The obligations of paragraphs 4, 5, 6, 7, 8, and 9 shall survive the termination of this Agreement.

IN WITNESS WHEREOF, the individuals below and parties hereto are hereby authorized to execute this
Agreement and have executed this Agreement as of the day and year written above.
Team Name:
By (Name):
Title:
Date:
Phuel Sports Science LLC d/b/a Athlete Blood Test