August 11, 2017
Elias Group Letterhead
Via Electronic Mail, Regular Mail and Process Server
Danilo Vittorato
8 Eagle Circle
Bohemia, NY 11716
Re: Your Agreement with New York Surf Soccer Club, Inc.
Dear Mr. Vittorato:
I am the legal counsel to New York Surf Soccer Club Inc. (the “Club”). I was asked to review your agreement with the Club dated March 25, 2017 (the “Agreement”) in order to advise the Club of its contractual rights and your obligations as the Director of the NY Surf Futsal Academy and as a coach in the Club.
The Agreement is in the nature of a personal services contract, which emphasizes your requirement to conduct yourself at all times in a professional and loyal manner that reflects positively onto the Club and enhances its reputation. Your obligations include, but are not limited to, the following:
- Adherence to the Club’s code of conduct as a coach (Article 4);
- Non-solicitation of the Club’s customers (players), coaches and support staff (Article 7); and
- Avoiding all potential conflict of interest and/or engaging in any activity that might interfere with the proper and efficient performance of your obligations as the Director of the NY Surf Futsal Academy and as a coach in the Club (Article 11).
The Club believes that you breached your obligations under the Agreement. More specifically:
- You did not schedule, setup, oversee and execute specific outdoor foot skills camps and futsal clinics this Summer and Fall;
- You are not organizing coaches and futsal curriculum;
- You are not taking steps to prepare for the upcoming winter 2017-2018 ten (10) week competitive season;
- You are not preparing for the NY Surf Futsal Tournament scheduled for winter 2017-2018;
- You are engaging in activities which are in violation of including Section 7 of the Agreement;
- You are engaging in activities which are in violation of including Section 11 of the Agreement, including
- Providing services to other soccer clubs in violation of the Agreement, including to Levittown Soccer Club, East Meadow Soccer Club and Dix Hills Soccer Club.
- Operating and marketing DV Futsal Academy in direct competition with NY Surf Futsal Academy; and
- You have made slanderous remarks about the Club
- You have caused significant financial damages to the Club
You are advised to take immediate steps to cure all of your defaults under Agreement as enumerated above, and unless you provide the Club with written confirmation of each of the steps that you have taken to cure such defaults within a period of 5 days, the Club will have no choice but to purse its legal and contractual rights and remedies.
Sincerely,
Dan Elias