NXTGEN ELITE

NXTGen Recruits, LLC – Terms of Service Agreement (Elite Package) This Terms of Service Agreement ("Agreement") is entered into between NXTGen Recruits, LLC ("Company") and you ("Client"), the parent or legal guardian of the student-athlete ("Athlete"). By selecting the Elite Package and completing payment, you confirm that you have full legal authority to bind the Athlete to this Agreement. 1. Definitions "NIL Materials" means the Athlete's name, image, likeness, voice, biographical information, photographs, videos, highlight films, stats, and any related materials. "Services" means the services associated with the Elite Package. "Subscription" means either the monthly or one-time payment option selected for the Elite Package. "Letter of Intent" (or "LOI") means a National Letter of Intent or similar binding commitment document signed by the Athlete to attend and play for a college or university. 2. Term and Duration This Agreement begins when you accept these terms and complete payment for the Elite Package. Monthly Subscriptions automatically renew each month until cancelled. One-Time Payment Option: Services continue until the Athlete signs a Letter of Intent (LOI) with a college or university, at which point this Agreement concludes. If the Athlete does not sign an LOI, services continue until the end of the Athlete's high school athletic eligibility. The Agreement continues until cancelled by either party in accordance with this Agreement, until the Athlete signs an LOI (for the one-time option), or until the end of the Athlete's high school athletic eligibility, whichever occurs first. 3. Package Selection and Description of Services You have selected the Elite Package. The Services included are: - Professional Recruitment Profile - Full Scouting Evaluation and Film Review - Full Recruitment Suite Features - Recruiting Education & One-on-One Consultations - Target School List - NXTGEN ELITE Program Guide Including Support, Guidance, and Mentorship throughout the Program - Monthly Exposure Posts on NXTGEN Social Media Channels (Off-Season) - Weekly Exposure Posts on NXTGEN Social Media Channels (In-Season) - Direct Coach Outreach Efforts From NXTGEN - Access to Every College Football Program in the Country's Recruitment Questionnaires & Coach Contacts - Recruitment Profile, Social Media, and Film Standards/Expectations - Off-Season Camp Calendar - Recruitment/Visit/Offer Graphics & Exposures - Direct Athlete Communication With Coaches Guidance, Support, and Mentorship All Services are provided on a best-efforts basis as further described in this Agreement. Company may adjust the frequency, format, or delivery method of certain Services based on seasonal factors, Athlete progress, or operational needs, provided the overall Elite Package value is maintained. 4. Pricing and Payment Terms Elite Package Pricing: - $300.00 one-time (until Letter of Intent is signed) Payment is due at the time of signup. Monthly subscriptions are billed automatically each month on the anniversary of the original payment date. The one-time payment option is a single payment that covers all Services until the Athlete signs a Letter of Intent with a college or university. You authorize Company to charge the payment method on file for all applicable fees. It is your responsibility to keep payment information current. 5. Late Fees, Suspension, and Termination for Non-Payment A flat $25 late fee will be charged if any scheduled payment is not successfully processed. Service will be suspended within 24 hours of a missed payment. If the account remains delinquent for 30 days or more after the original due date, Company will terminate this Agreement. Upon termination for non-payment, all outstanding amounts (including late fees) become immediately due and payable. You remain fully responsible for any unpaid balance. 6. Cancellation You may cancel your Subscription at any time by providing written notice (email is acceptable) to Company. Monthly Subscriptions: Cancellation takes effect at the end of the current billing period. No partial-month refunds. One-Time Payment Option: Since this is a single payment covering services until an LOI is signed, cancellation does not result in any refund. Services continue until the Athlete signs an LOI or until termination per other provisions of this Agreement. Services continue until the end of the paid period (unless earlier suspended or terminated for non-payment). 7. No Refunds NO REFUNDS will be issued under any circumstances, including but not limited to dissatisfaction with services, change of mind, Athlete injury, loss of eligibility, graduation, cancellation, suspension, or termination of this Agreement. 8. No Guarantees – Full Transparency Company provides all Services on a best-efforts, advisory basis only. We do not guarantee any specific results, including college offers, scholarships, coach interest, coach responses, rankings placement, or any particular outcome — even when performing Direct Coach Outreach Efforts or providing guidance on Direct Athlete Communication With Coaches. All recruitment decisions are made independently by colleges and coaches. 9. Exclusivity During the term of this Agreement, Company shall be the Athlete's exclusive recruitment partner for the services covered under this package. You agree that the Athlete will not engage, hire, or work with any other recruitment company, service, or individual for substantially similar recruitment or exposure services without prior written consent from Company. Violation of this exclusivity provision may result in immediate termination of this Agreement with no refund. 10. Name, Image, and Likeness (NIL) Grant – Full Transparency You grant Company a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use the NIL Materials for any purpose related to Company's business, including marketing, advertising, testimonials, case studies, website content, rankings, exposure posts, and social media. This license continues forever and survives termination of this Agreement. 11. Authorization to Contact Coaches and Share Information – Full Transparency You authorize Company to: - Contact college coaches and programs directly on the Athlete's behalf as part of Direct Coach Outreach Efforts (via email, social media, phone, text, and in-person as applicable); - Make the Athlete's profile, film, and related information publicly available and share this information with coaches and third parties; and - Use NIL Materials in Exposure Posts, Recruitment/Visit/Offer Graphics, and other promotional materials. You understand that once information is shared, Company cannot control how third parties use it. You agree to provide accurate and timely information and materials as reasonably requested to support the Services. 12. Client Obligations You agree to provide accurate and complete information, respond to communications promptly, attend scheduled consultations, follow reasonable guidance (including Recruitment Profile, Social Media, and Film Standards/Expectations), maintain academic eligibility, and make all payments when due. You further agree to cooperate with Company in connection with Exposure Posts, graphics, and Direct Coach Outreach Efforts. 13. Athlete Eligibility and Accuracy of Information You represent and warrant that the Athlete is eligible to participate in high school and future college athletics, and that all information you provide is accurate, complete, and truthful. 14. Data Privacy and Public Disclosure You acknowledge and consent that Company may publicly display the Athlete's profile and related information and may share this information with coaches and third parties for recruitment purposes. 15. Intellectual Property Company retains ownership of the NXTGen platform, profiles, evaluations, content, highlight films, graphics, and any materials it creates. You grant Company a license to use any materials you provide. 16. Confidentiality Both parties agree to maintain the confidentiality of non-public information shared during this relationship. 17. Relationship of the Parties Company is an independent contractor. This Agreement does not create a partnership, joint venture, employment, or agency relationship. 18. Right to Modify or Update Services Company reserves the right to modify, update, or discontinue any Services at its reasonable discretion. Material changes will be communicated to Client. 19. Third-Party Disclaimer Company is not responsible for the actions, decisions, or conduct of any coaches, colleges, platforms, social media companies, or third parties. 20. No Medical or Health Advice Company does not provide medical, health, training, or nutritional advice. You are solely responsible for the Athlete's well-being. 21. Limitation of Liability Company's total liability under this Agreement shall not exceed the total fees paid by Client for the Elite Package during the twelve (12) months preceding the claim. Company is not liable for any indirect, incidental, special, or consequential damages. 22. Indemnification You agree to indemnify and hold Company harmless from any claims arising from your breach of this Agreement, inaccurate information you provided, the Athlete's actions, or issues related to materials or information supplied for Services. 23. Termination By Client: You may terminate at any time in accordance with the Cancellation section above. No refund will be issued. By Company: Company may terminate immediately for cause (including non-payment, violation of exclusivity, false information, or material breach) or without cause with 30 days written notice. No refund in either case. In the case of non-payment, termination will occur if the account remains delinquent for 30 days or more, as stated in Section 5. Upon termination, the NIL Grant and certain other provisions survive termination. 24. Dispute Resolution Any dispute shall first be attempted through good-faith negotiation. If unresolved, it shall be resolved through binding arbitration in the State of Michigan under the rules of the American Arbitration Association. The prevailing party is entitled to reasonable attorney's fees and costs. 25. Governing Law This Agreement is governed by the laws of the State of Michigan, without regard to conflict of law principles. 26. Notices All formal notices shall be sent by email to the addresses provided by the parties. 27. General Provisions This Agreement constitutes the entire agreement between the parties concerning the Elite Package. If any provision is found invalid, the remaining provisions remain in full force. Company may assign this Agreement. Failure to enforce any provision is not a waiver. 28. Survival The NIL Grant, Exclusivity, Indemnification, Limitation of Liability, Data Privacy, Confidentiality, and Dispute Resolution provisions survive termination of this Agreement. ACKNOWLEDGMENTS By selecting the Elite Package and completing payment, you acknowledge that you have read, understand, and agree to every term of this Agreement, including the strict No Refunds policy, the Exclusivity requirement, the automatic renewal terms (for the monthly option), the 24-hour suspension policy for missed payments, the Direct Coach Outreach authorizations, and the perpetual NIL Grant. You confirm that all information provided is accurate and that you have full legal authority to enter into this Agreement on behalf of the Athlete.