Terms of Service
The marketplace terms between GCN and each athlete or brand using the Platform.
This Platform Services Agreement ("Platform Agreement") is a legally binding agreement between each Athlete or Brand that accesses or uses the Platform ("User") and GCN. This Platform Agreement is part of and incorporated into GCN's TOS. The GCN Platform is a marketplace that allows registered professional pickleball athletes ("Athletes") to offer standardized sponsorship packages to registered brands ("Brands") seeking access to the pickleball athlete community. GCN acts as an intermediary that reviews registration applications against its published eligibility criteria, surfaces Athletes to Brand campaigns, offers an optional compliance review, and facilitates payment through a third-party processor. GCN does not independently audit, verify, or guarantee any Athlete's identity, ranking, audience metrics, exclusivity obligations, or ability to perform, and its review of an application is not an endorsement or a representation about any User.
You should understand who GCN is related to before you use the Platform. GCN is affiliated with Godfather Pickleball Agency LLC, Godfather Pickleball and its business lines, which include a talent agency that represents professional pickleball athletes and a consumer paddle and equipment brand (each, an "Affiliate"). As a result: (a) some Athletes listed on the Platform are represented by a GCN Affiliate under a separate representation agreement, and GCN or its Affiliate may earn a commission on those Athletes' engagements in addition to any Platform commission; (b) a GCN Affiliate may itself post campaigns on the Platform as a Brand; and (c) GCN's principals hold economic interests in those Affiliates. GCN will identify Affiliate-represented Athletes and Affiliate-posted campaigns in the Platform interface.
Brands acknowledge that GCN is not a neutral or independent advisor, does not owe any Brand a fiduciary duty, and does not represent that matching results are free of Affiliate preference. GCN will not present an Affiliate-represented Athlete as unaffiliated, will apply the same commission and campaign terms to Affiliate-represented and unrepresented Athletes unless disclosed in writing, and will not use a Brand's confidential campaign brief for the benefit of an Affiliate outside the Platform.
Athletes represented by a GCN Affiliate acknowledge that the duties their Affiliate owes them under their separate representation agreement are governed by that agreement and are not modified, expanded, or limited by this Platform Agreement, and that nothing in this Platform Agreement waives any duty their Affiliate owes them. Where this Platform Agreement and a representation agreement conflict as to an Affiliate-represented Athlete, the representation agreement controls as between that Athlete and the Affiliate. Athletes are free to use the Platform without engaging any Affiliate for representation, and GCN will not condition Platform access, listing placement, or campaign eligibility on an Athlete signing with an Affiliate.
Athletes must apply and be approved by GCN against its published eligibility criteria before being listed on the Platform. GCN's review confirms only that an application appears complete and meets those criteria; it is not a background check, an audit of self-reported data, or a warranty of any kind. Brands must register for an account and agree to this Platform Agreement and, where applicable, the Brand Subscription Agreement, before purchasing packages or submitting campaign briefs. GCN reserves the right, in its sole discretion, to decline or revoke registration for any User who does not meet GCN's eligibility criteria or who poses a risk to the integrity of the Platform.
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You represent that all information you provide is accurate and current. You have no ownership interest in your account; accounts are not transferable.
The Platform is a marketplace, not an employment agency or staffing service. Except as disclosed in the Affiliate Relationships and Conflicts of Interest section above, GCN is not the employer, agent, or partner of any Athlete or Brand. Where a GCN Affiliate separately represents an Athlete as that Athlete's agent, it does so under a separate representation agreement and not under this Platform Agreement, and GCN's role in operating the Platform does not make GCN the agent of any Brand. GCN does not control or direct the manner in which Athletes perform campaign deliverables. Athletes are independent contractors with respect to Brands and are free to offer their services outside the Platform. GCN is not responsible for tax withholding, workers' compensation, or similar obligations arising from an Athlete's participation in a campaign.
USERS ARE INDEPENDENT INDIVIDUALS OR ENTITIES AND ARE NOT EMPLOYEES, PARTNERS, AGENTS, OR JOINT VENTURERS OF GCN. GCN OPERATES ONLY AS A MARKETPLACE CONNECTING ATHLETES AND BRANDS AND DOES NOT PERFORM CAMPAIGN DELIVERABLES ITSELF. GCN IS NOT RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS OF ANY USER, AND DOES NOT WARRANT THE ACCURACY OF ANY USER'S PROFILE, AUDIENCE METRICS, OR SELF-REPORTED CREDENTIALS, INCLUDING WHERE SUCH INFORMATION WAS ENRICHED OR DRAFTED WITH THE ASSISTANCE OF GCN'S AI TOOLS.
Each Athlete represents and warrants, on each campaign acceptance, that: (a) the Athlete has the right to enter the campaign and to grant the licenses contemplated by it; (b) participation does not breach any exclusivity, category, territory, conflict, or right-of-first-refusal obligation the Athlete owes to any existing sponsor, team, league, tour, or agency, including any obligation to any professional tour or governing body; (c) all information in the Athlete's profile, including ranking, audience figures, and category tags, is accurate and not artificially inflated; and (d) the Athlete will comply with the FTC Endorsement Guides and any applicable league, tour, or collegiate name, image, and likeness rules.
Clearing conflicts is the Athlete's responsibility, not GCN's. GCN does not review, and has no ability to review, the Athlete's existing contracts, and does not warrant to any Brand that a matched Athlete is free of conflicting obligations. The Athlete will indemnify GCN against any claim by an existing sponsor or agency arising from the Athlete's participation in a Platform campaign, subject to the carve-outs in the Indemnification section below. An Athlete who becomes aware of a conflict after accepting a campaign must notify GCN and the Brand promptly, and GCN may cancel the campaign without liability to either party.
Athletes participate as independent contractors and are solely responsible for all federal, state, local, and foreign taxes on amounts they receive. Athletes must provide a valid IRS Form W-9, or Form W-8BEN or W-8BEN-E for non-U.S. persons, through Stripe's onboarding before receiving a payout. GCN or its payment processor will issue an IRS Form 1099 or other applicable information return where required and may apply backup or non-resident withholding if a valid form is not on file or if withholding is otherwise required by law. Brands are responsible for any sales, use, VAT, GST, or similar taxes on Fees, other than taxes on GCN's net income.
When an Athlete accepts a Brand campaign, a contract is formed directly between the Athlete and the Brand (a "Campaign Agreement"). GCN is not a party to the Campaign Agreement. GCN's AI-assisted matching provides recommendations only; final acceptance of a campaign is at the Athlete's discretion, and final selection of a matched Athlete is subject to Brand review and approval as described in the Brand Subscription Agreement. Neither GCN nor any Affiliate guarantees any Athlete a minimum number of campaigns, any level of income, or any particular placement in matching results. Nothing on the Platform is an offer of employment or a promise of future work.
Athletes are solely responsible for ensuring that sponsored content complies with the FTC Endorsement Guides and other applicable advertising laws, including clear and conspicuous disclosure of the material connection to the sponsoring Brand. GCN's AI-assisted compliance review is a tool to flag potential issues for GCN operator review and does not constitute legal advice or a guarantee of regulatory compliance.
Brand payments for completed and approved campaigns are processed through Stripe, GCN's designated third-party payment processor, using Stripe to automate the split between GCN's commission and the Athlete's payout. GCN does not hold, custody, or take title to Athlete funds; funds settle through Stripe to the Athlete's connected account. Athletes must complete Stripe's account onboarding (including any identity verification Stripe requires) in order to receive payouts. GCN will remit the Athlete's fee, less GCN's commission at the rate disclosed in the Platform at acceptance (as set forth in the applicable Subscription Plan or Ordering Documentation), automatically upon campaign completion and Brand approval, and in any event within ten (10) business days of Brand approval, subject to Stripe's processing timelines. If a Brand neither approves nor rejects a conforming deliverable within ten (10) business days of submission, the deliverable is deemed approved and the payout is released. Your use of Stripe is also governed by Stripe's own terms of service and privacy policy, which you must separately accept. GCN is not responsible for delays, errors, or failures caused by Stripe or any other third-party payment processor. GCN may withhold or delay a payout only where GCN has a reasonable, good-faith basis to suspect fraud, a material policy violation, a chargeback or reversal, or a legal requirement to withhold. GCN will notify the affected Athlete in writing within five (5) business days of placing a hold, state the basis, and release or provide a written decision within thirty (30) days. Withheld amounts that are later determined payable will be released promptly. GCN will not withhold an Athlete's payout to offset a debt owed to GCN by a different User. Any Athlete fees collected from Brands are processed solely as a pass-through to Athletes. GCN does not act as a bank, escrow agent, trustee, or money transmitter, does not commingle Athlete funds with its operating funds, and does not pay interest on funds in transit. Nothing in this paragraph limits GCN's obligation to remit amounts an Athlete has earned and a Brand has approved, and that obligation is not subject to any limitation of liability in the TOS. Nothing in this paragraph is intended to disclaim any duty that cannot be disclaimed under applicable law, including any duty a GCN Affiliate owes an Athlete it represents.
A Brand may reject a deliverable only for a documented failure to conform to the campaign brief, and must do so in writing within the review window with specific reasons. The Athlete has one opportunity to cure within five (5) business days unless the Campaign Agreement provides otherwise. If the parties cannot agree, either may escalate to GCN, which will review the brief and the deliverable and issue a written determination within ten (10) business days; that determination governs the release of funds through the Platform but does not bind either party's rights under the Campaign Agreement or this Platform Agreement's Dispute Resolution provisions. If a Brand initiates a chargeback for a campaign already paid out, GCN may recover the disputed amount from the Brand, and the Brand will reimburse GCN for the amount plus any processor fees. GCN will not claw back a payout from an Athlete who performed and was approved.
Subject to applicable law, Brands and Athletes each agree that all compensation for engagements between them will be paid through the Platform for any campaign, deliverable, or other engagement first identified, introduced, or facilitated through GCN. You will not, and will not attempt to, pay or accept payment outside the Platform, solicit or accept a solicitation to do so, or otherwise structure an engagement so as to avoid GCN's commission ("Circumvention"). This obligation binds Brands and Athletes equally, whether or not the proposal originated with you, and each party agrees to report any Circumvention proposal it receives. If a Brand engages in Circumvention, the Brand agrees to pay GCN a buy-out fee equal to 25% of the total value of the off-Platform engagement per Athlete so engaged, and in no event less than $500 ("Buy-Out Fee"), due within thirty (30) days of written demand. If an Athlete engages in Circumvention, the Athlete agrees to pay GCN an amount equal to the commission GCN would have earned on that engagement had it run through the Platform, on the same terms. The parties agree that GCN's actual damages from Circumvention are difficult to determine and that the Buy-Out Fee is a reasonable pre-estimate of those damages, not a penalty. GCN may elect either the Buy-Out Fee or the Re-Engagement Fee for a given engagement, but not both, and may not recover the Buy-Out Fee more than once for the same engagement. Election of a fee does not waive GCN's right to injunctive relief or to terminate the offending account. These obligations survive termination for the period stated in the Re-Engagement Fee section.
If a Brand directly re-engages an Athlete it first connected with through the Platform for a subsequent campaign or sponsorship outside the Platform within twelve (12) months of the parties' last Platform-facilitated campaign, the Brand agrees to notify GCN within thirty (30) days and to pay GCN a re-engagement fee equal to GCN's standard commission rate in effect on the date of the parties' last Platform-facilitated campaign, applied to the value of that subsequent engagement ("Re-Engagement Fee"). The same obligation applies to an Athlete who accepts such an engagement. The Re-Engagement Fee and the Buy-Out Fee are alternative remedies for the same engagement and are not cumulative. This section does not apply to relationships that predate the parties' introduction through GCN, which the Brand must be able to document upon request. This section does not restrict an Athlete's right to work, does not prevent any Brand or Athlete from contracting with anyone, and creates only a payment obligation to GCN. It is not a non-compete or a non-solicitation of employment.
Athlete names, contact information, audience data, rates, and other non-public profile information made available to a Brand through the Platform ("Athlete Confidential Information") may only be used by the Brand for the purpose of evaluating and administering campaigns through GCN. Brands agree to keep Athlete Confidential Information confidential, not to disclose it to third parties without the Athlete's consent, and not to use it to solicit the Athlete for engagements outside the Platform in a manner that would violate the Non-Circumvention section above. This obligation does not apply to information that is or becomes publicly available through no fault of the Brand, or that the Brand rightfully possessed before receiving it through the Platform. Brands will protect Athlete Confidential Information with at least the same care they use for their own confidential information and no less than reasonable care, will limit access to personnel with a need to know who are bound by comparable obligations, and will not use it to train or fine-tune any artificial-intelligence model. These obligations continue for three (3) years after the Brand's last access to the information, except that information constituting a trade secret remains protected for as long as it qualifies as such. On written request from GCN or the Athlete, the Brand will return or destroy Athlete Confidential Information in its possession, other than copies retained in routine backups or as required by law.
By submitting Content, campaign deliverables, or profile materials to the Platform, you grant GCN the license described in the User Generated Content section of the Terms of Use. That license is operational in scope; use of your name, image, likeness, or deliverables in GCN's own advertising or promotional materials, and use of your content to train artificial-intelligence models, are separate opt-in permissions you may revoke at any time. GCN may sublicense only to its hosting, storage, security, communications, and payment vendors acting on its behalf, and only for those purposes. In the event of a conflict between this section and the User Generated Content section of the Terms of Use, the narrower grant controls.
Upon a Brand's acceptance of a completed campaign deliverable, the Athlete grants the Brand the license specified in the applicable Campaign Agreement (or, absent a separate agreement, a non-exclusive, royalty-free license to use the deliverable for the agreed campaign purposes and duration). This license is provided as a convenience and is not a substitute for a definitive Campaign Agreement between the parties.
THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. GCN DOES NOT WARRANT THE PERFORMANCE, RELIABILITY, OR SUITABILITY OF ANY ATHLETE, BRAND, OR CAMPAIGN, AND ASSUMES NO LIABILITY FOR ANY DISPUTE BETWEEN USERS ARISING FROM A CAMPAIGN AGREEMENT.
GCN'S AGGREGATE LIABILITY TO ANY USER UNDER THIS PLATFORM AGREEMENT SHALL NOT EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE TOTAL FEES PAID BY THAT USER TO GCN IN THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS CAP DOES NOT APPLY TO GCN'S OBLIGATION TO REMIT CAMPAIGN COMPENSATION EARNED BY AN ATHLETE AND APPROVED BY A BRAND, TO GCN'S OWN FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. FOR CLARITY, THE SIX-MONTH MEASURING PERIOD IN CLAUSE (II) IS SUPERSEDED BY THE TWELVE-MONTH PERIOD IN THE TERMS OF USE WHERE THE TERMS OF USE WOULD PRODUCE A HIGHER CAP.
Each User agrees to indemnify, defend, and hold harmless GCN from any claim arising from (a) a User's breach of a Campaign Agreement; (b) Content or deliverables provided by the User, including any FTC or intellectual property violations; or (c) a User's violation of this Platform Agreement or applicable law. No User's indemnity extends to losses caused by GCN's own fraud, gross negligence, or willful misconduct. GCN will give prompt written notice of any indemnified claim, allow the indemnifying User to control the defense with counsel of its choosing, and will not settle in a way that imposes an obligation or admission on that User without its prior written consent, not to be unreasonably withheld.
GCN may suspend or terminate a User's account for violation of this Platform Agreement, the Community Guidelines, or applicable law, or, on thirty (30) days' written notice, for any other reason in GCN's discretion. Except where conduct involves fraud, threats to safety, sexual content involving minors, a security incident, or a credible legal demand, GCN will give written notice and a reasonable opportunity to cure before suspending or terminating for a first non-egregious violation, and will honor the appeal process in the Community Guidelines. Campaigns completed and approved prior to suspension or termination remain payable and will be released on the normal payout schedule. Campaigns in progress at the time of suspension will be paid on a pro-rata basis for deliverables already accepted, unless the suspension arises from that User's fraud or material breach of the campaign in question. Campaigns not yet begun may be canceled. On termination, GCN will make the User's account data available for export for thirty (30) days, after which it is handled under the Privacy Policy.
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