Trademark Trial and Appeal Board Electronic Filing System. httgj/estta.usQto.gov
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`91203596
`
`Plaintiff
`
`Outer Banks Sporting Events Inc.
`IAN D TITLEY
`SCHRODER FIDLOW PLC
`1901 E FRANKLIN STREET, SUITE 107
`RICHMOND, VA 23233
`UNITED STATES
`
`idt@gschroderfid|ow.com
`
`Opposition/Response to Motion
`
`Brief in Opposition.pdf (8 pages ) 1152184 bytes )
`Ex A — D.pdf ( 9 pages )(757632 bytes)
`Ex E — F.pdf (9 pages )(613484 bytes)
`Ex G — H revised.pdf ( 10 pages )(1183281 bytes )
`Ex J — H.pdf ( 23 pages )(20110535 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA520655
`ESTTA Tracking number:
`02/08/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91203596
`Plaintiff
`Outer Banks Sporting Events, Inc.
`IAN D TITLEY
`SCHRODER FIDLOW PLC
`1901 E FRANKLIN STREET , SUITE 107
`RICHMOND, VA 23233
`UNITED STATES
`idt@gschroderfidlow.com
`Opposition/Response to Motion
`Ian D. Titley
`idt@schroderfidlow.com
`/Ian D. Titley/
`02/08/2013
`Brief in Opposition.pdf ( 8 pages )(1152184 bytes )
`Ex A - D.pdf ( 9 pages )(757632 bytes )
`Ex E - F.pdf ( 9 pages )(613484 bytes )
`Ex G - H revised.pdf ( 10 pages )(1183281 bytes )
`Ex J - H.pdf ( 23 pages )(20110535 bytes )
`
`

`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 85230941
`
`Outer Banks Sporting Events, Inc.,
`a North Carolina corporation
`
`Opposer,
`
`VS.
`
`Finish Strong, LLC
`a North Carolina limited liability company
`
`Applicant
`
`\/R/Q/\-/\/\/%%/\/\J%
`
`Opposition No. 91203596
`
`OPPOSER’S BRIEF IN OPPOSITION TO APPLICANT’S MOTION FOR
`
`SUMMARY JUDGMENT
`
`Opposer Outer Banks Sporting Events, Inc. (“OBSE”) hereby files this its Brief in
`
`Opposition to Applicant’s Motion for Summary Judgment in the above referenced case.
`
`The Response disproves Finish Strong, LLC’s (the “Applicant” or “FS Series”) claim that
`
`it owns the OUTER BANKS TRIATHLON mark.
`
`Applicant’s evidence and documents establish it does not own the mark.
`
`Applicant’s attempt to purloin a local charitable event should not be supported by
`
`the Board. Applicant’s documents contradict its self-serving testimony and can be relied
`
`upon by the Board to hold that Applicant does not hold exclusive rights in the OUTER
`
`BANKS TRIATHLON mark. Applicant’s arguments are similar to those of advertising
`
`agencies that have attempted to claim trademark rights in marks developed for their
`
`customers. Just as the courts have rejected claims of trademark rights by advertising
`
`

`
`agency service providers, the Board should reject this service provider’s claims of rights
`
`in the mark.
`
`FACTS
`
`Applicant gives the impression that it invented the Outer Banks Triathlon. This is
`
`not true. The Outer Banks Triathlon is a charitable event that existed prior to Applicant’s
`
`activities described in its brief. Applicant provided organization and management
`
`services to the group that re-introduced the event. Exhibit A sets forth Applicant’s
`
`webpage explaining that the event was making its “re-appearance” in 2008. (Exhibit A is
`
`extracted from Applicant’s Exhibit D and provided here for ease of reference.)
`
`In fact the event in 2008 was a duathlon, not a triathlon. See Exhibit B, which is
`
`also from Applicant’s webpage archive. (Exhibit B is extracted fiom Applicant’s Exhibit
`
`D and provided here for ease of reference.)
`
`Applicant claims in its statement of facts that it “organizes and manages races,
`
`such as triathlons.” In the case at bar this is a half-truth. Applicant neglects to state that
`
`it provides these servicesfor others. It is a service provider providing race organization
`
`and management services. Exhibit C (Exhibit C is extracted fi'om Applicant’s Exhibit D
`
`and provided here for ease of reference) provides results for the 2008 “Outer Banks Kids
`
`Triathlon” stating: “Results compiled by Finish Strong Event Productions.”
`
`Exhibit D (Exhibit D is extracted fi'om Applicant’s Exhibit E and provided here
`
`for ease of reference) is from the 2009 event in which Applicant lists the Outer Banks Tri
`
`Club as the organization applying to use a school facility. Applicant is listed as a contact
`
`for the Tri Club but Applicant lists the Tri Club as the responsible organization. Exhibit E
`
`(Exhibit E is extracted from Applicant’s Exhibit E and provided here for ease of
`
`

`
`reference) lists responsibilities of the “OBX Tri Club” for the 2009 event. The Club has
`
`responsibilities ranging from securing parking and porta-potties to complementary hotel
`
`rooms for Applicant. Contrast Exhibit E with Applicant’s claim in its Motion for
`
`Summary Judgment that “[t]he local organization may assist Applicant in promoting the
`
`race and also provide manpower during the race.” Applicant’s Motion for Summary
`
`Judgment at 2.
`
`Applicant’s claim that the “local organization” does no more than provide
`
`promotion and race day assistance, for which it gets paid, is further contradicted by the
`
`contracts that Applicant entered into with Opposer.
`
`Exhibit F (which is extracted from Applicant’s Exhibit I and provided here for
`
`ease of reference) sets forth the 2010 contract. It is completely inconsistent with
`
`Applicant’s assertion that it uses a local group to provide manpower and then pays the
`
`group for these services. This contract establishes the exact opposite. At the top of page
`
`3 the contract says “On behalf of FS Series Event Production Company, we would like to
`
`thank you for allowing us to be your Timer and Event Manager.” The contract establishes
`
`that Opposer hired Applicant — NOT the other way around.
`
`The section on page 4 entitled “Client Agrees” is most revealing. Client, which is
`
`Opposer, agrees to use the FS Logo (notice the document is silent regarding any
`
`supposed ownership of the OUTER BANKS TRIATHLON mark by Applicant) and its
`
`services, and also assumes the risk of damages, injuries, and poor turnout. Opposer is
`
`obligated to pay Applicant even if Opposer cancels the event. (If Applicant owned the
`
`event why would Opposer have the ability to cancel it?) Opposer’s contract obligations
`
`

`
`completely contradict paragraph 10 of Jason Biggs’ self-serving affidavit in which he
`
`claims Applicant pays a local organization for its services.
`
`Page 5 of the 2010 contract is entitled “Fees for Race Event.” These fees are paid
`
`by Opposer to Applicant, further establishing the falsity of the Biggs’ afidavit.
`
`Page 6 of the 2010 contract concludes with “thank you for choosing FS Series
`
`Event Production Company. We look forward to serving you.” If the relationship was as
`
`described by Applicant then this statement makes no sense. Instead Biggs’ attempt to re-
`
`write the parties’ relationship suffers when analyzed in the light of the documentary
`
`evidence.
`
`If there was any doubt about the relationship it is further clarified in email
`
`correspondence set forth in Exhibit H (which is extracted from Applicant’s Exhibit I and
`
`provided here for ease of reference). Page FSS 0078 contains the following exchange:
`
`Opposer: “FS agree to: . . .provide monthly payments to OBSE of registration fees
`
`minus the participant’s service fees; invoice OBSE for professional
`
`services (set-up and timing) following the event.”
`
`Applicant: “Not a problem. What date would you like payments sent?”
`
`Opposer:
`
`“First of the month starting in April.”
`
`Applicant: “So you want all the registration money then you are going to write a
`
`check back to us after the race is over?”
`
`Opposer:
`
`“Yes. That’s how we have arranged payment in the past with other timing
`
`companies. We need the cash flow.”
`
`Applicant: “Just for clarification.”
`
`

`
`The correspondence makes clear that Opposer hired Applicant — not the other way
`
`around. Further proof is established by the fact that Opposer conducted the 2012
`
`OUTER BANKS TRIATHLON without any assistance or interference from Applicant.
`
`(Biggs Aff. 1] 21.)
`
`ARGUMENTS
`
`Although Applicant claims to own the OUTER BANKS TRIATHLON mark, its
`
`own evidence and documents contradict this assertion. Applicant’s situation is similar
`
`to that of an advertising agency that develops and nms an ad campaign for a client.
`
`Even though the ad agency is technically “using” the mark because it is placing
`
`the ads, this use does not inure to the benefit of the ad agency.
`
`In American Express Co., V. Goetz, 515 F.3d 156, 160 (2nd Cir. 2008), the
`
`Second Circuit discussed how the Trademark Trial and Appeal Board handles
`
`such claims:
`
`The Patent and Trademark Office's Trademark Trial and Appeal Board has long
`recognized, in such situations, that the slogans carmot be registered as marks by the
`advertising agency, even if they would be subject to registration by the end users of the
`marks. See In re Admark, inc., 214 U.S.P.Q. 302, 303 (T.T.A.B.1982).
`
`To the extent Applicant “used” the OUTER BANKS TRIATHLON mark in 2010
`
`and 2011, it was because Opposer hired Applicant to promote and manage the event, (see
`
`page 3 of Exhibit G — “FS Series will promote the event through. . .websites.. .ca1endars...
`
`emails. . .flyers.”) Applicant was an agent of Opposer and use of the mark by the agent
`
`inures to the benefit of the owner of the event. Applicant states on page 3 of Exhibit F
`
`and Exhibit G (the contracts) “Our ultimate goal is to be your solution for all your event
`
`planning, promotion, organization, and management needs.” There would be no reason
`
`for Applicant to say that if the OUTER BANKS TRIATHLON was Applicant’s event. It
`
`

`
`is not. It is Opposer’s event, and that is why Applicant refers to the event as “your event”
`
`multiple times in its contract documents.
`
`The controlling law is described in Section 1201.03 of the Trademark Manual of
`
`Examining Procedure (“TMEP”).
`
`Section 5 of the Trademark Act, 15 U.S.C. 1055, states, in part, as follows:
`
`Where a registered mark or a mark sought to be registered is or may be used
`legitimately by related companies, such use shall inure to the benefit of the
`registrant or applicant for registration, and such use shall not affect the validity of
`such mark or of its registration, provided such mark is not used in such manner as
`to deceive the public.
`
`Section 45 of the Act, 15 U.S.C. 1127, defines "related company" as follows:
`
`The term "related company" means any person whose use of a mark is controlled
`by the owner of the mark with respect to the nature and quality of the goods or
`services on or in connection with which the mark is used.
`
`Section 1201 .03 (a) of the TMEP further provides: “The party who controls the
`
`nature and quality of the goods or services on or in connection with which the
`
`mark is used should be set forth as the applican .”
`
`For trademark purposes only Applicant is a related company of Opposer. In
`
`this case the contracts clearly provide that Opposer has the risk of damages,
`
`injuries, and poor turnout. Opposer has the ultimate authority to cancel the event.
`
`“Client shall pay FS Series for duties already carried out listed below if client
`
`cancels the event for any reason.” (Exhibit F page 4 and Exhibit G page 4.) Not
`
`only does Opposer have the ability to cancel the event, but as evidenced by the
`
`2012 OUTER BANKS TRIATHLON, Opposer has the ability to conduct the
`
`event without interference or assistance from Applicant.
`
`

`
`Any “use” by Applicant of the OUTER BANKS TRIATHLON mark
`
`inured to the benefit of Opposer because Opposer ultimately had the authority to
`
`control the event and decide whether or not to run the event. Opposer indemnified
`
`Applicant for any damages that may have resulted from a lack of quality in the
`
`event. Clearly Opposer carried the burden of control for the OUTER BANKS
`
`TRIATHLON and is the owner of trademark rights in the name.
`
`Even if Applicant acquired any trademark rights by virtue of its “use” of
`
`the mark in 2008 and 2009, it appears the use was on behalf of the Outer Banks
`
`Tri Club. (Exhibit D). In addition, the 2008 event was a duathlon, not a triathlon,
`
`and the 2009 event was referred to as the OUTERBANKS SPRINT
`
`TRIATHLON. See the official logo attached as Exhibit 1. In addition, the 2009
`
`event was also referred to as the “OBX Triathlon.” See Exhibit J. (Exhibit I and J
`
`are comprised of pages from Applicant’s Exhibit E and attached here for ease of
`
`reference.)
`
`Opposer respectfully requests the Board to review the evidence in the file and
`
`deny Applicant’s motion for summary judgment.
`
`Respectfully Submitted,
`
`By:
`
`Ian D. Titley, Esq.
`VSB# 27531
`
`Schroder Fidlow, PLC
`
`Attorney for Opposer
`1901 E. Franklin St. #107
`
`Richmond, VA 23223
`
`

`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the foregoing
`Brief in Opposition to Applicant’s Motion for Summary Judgment was served this 8”‘ day
`of February, 2013 upon Applicant by forwarding said copy, via email and first class mail
`to Anthony J. Biller and David Kalish at the following address:
`
`Anthony J. Biller
`David Kalish
`
`Coats & Bennett, PLLC
`
`1400 Crescent Green, Suite 300
`Cary, North Carolina 27518
`abiller@coatsandbennett.com
`dkalish@coatsandbennett.com
`
`By:
`
`Ian
`
`. Titl
`
`

`
`Exhibit A
`
`Exhibit A
`
`

`
`Triathlons - Outer Banks Triathlon Weekend
`
`http://web.archive.org/web/20080111181347/http://fsseries.com/triathlo...
`
`C
`
`H
`
`Rules and Regulations
`
`Triathlons
`
`Triangle Orthopaedic Sprint
`
`Lake Royale Triathlon
`
`Washington Triathlon
`
`Mayo Lake Triathlon
`
`Nelson Bay Challenge
`
`Outer Banks Triathlon
`
`Duathlons
`
`Cary Duathlon
`
`Charlotte Duathlon
`
`Wilmington Duathlon
`
`Winston-Salem Duathlon
`
`Time Trial Series
`
`OCS Bicycle Time Trial Series
`
`Running Events
`
`Anna's Angels Run/Walk
`
`Volunteers
`
`Timing Services
`
`Coaching
`
`Testimonials
`
`About FSLLC
`
`HOME
`
`CALENDAR
`
`RESULTS
`
`LINKS
`
`Triathlons - Outer Banks Triathlon Weekend
`
`Saturday, April 26, 2008 - 8am
`Sprint and Olympic Triathlon - Manteo, NC
`
`Sunday, April 27, 2008 - 10 am
`Outer Banks Kids Triathlon - Manteo, NC
`
`The Weekend
`
`The Outer Banks Triathlon will make its 2008
`re-appearance with a different format and a weekend full
`of events. The Olympic and Sprint races will take place
`simultaneously on Saturday. The Kids Triathlon will take
`place Sunday morning at the Outer Banks YMCA. The
`weekend will be full of clinics, food, and family activities.
`
`Race Day Information
`
`The Olympic and Sprint Race
`
`The swim will be in Shallowbag Bay on Manteo Waterfront, a sheltered bay off
`Roanoke Sound. The water is salty and has little current. The bike course will use
`the William B. Umstead Bridge and proceed into Mashoes. The run course is an out
`and back, in downtown Manteo. Water stations are provided at the turn around
`point on the bike and on the run. The finish line is across the street from the
`transition area.
`
`The race course revolves around a transition area next to Manteo Waterfront. The
`same transition area will be used for all phases. The transition area will open at
`6am; ALL bikes need to be placed in position before the transition area closes at
`7:45am.
`
`Get Race Updates
`
`Charity
`
`Outer Banks Relief Foundation
`Outer Banks Triathlon Club
`Outer Banks YMCA
`
`Hotels
`
`http://www.outerbanks.org/accommodations/
`
`Distance
`
`FSS000270
`
`

`
`EXHIBIT B
`
`EXHIBIT B
`
`

`
`Triathlons - Outer Banks Triathlon Weekend
`
`http://web.archive.org/web/20080517111510/http://www.fsseries.com/tri...
`
`Finish Strong Event Production CompanyFinish Strong Event Photo
`
`C
`
`H
`
`Rules and Regulations
`
`Triathlons - Outer Banks Triathlon Weekend
`
`HOME
`
`CALENDAR
`
`RESULTS
`
`LINKS
`
`Duathlons
`
`1/19 - Wilmington
`
`2/16 - Winston-Salem
`
`3/1 - Charlotte
`
`3/22 - Cary
`
`Triathlons
`
`4/13 - Triangle Orthopaedic
`
`4/26 - Outer Banks
`
`5/17 - Nelson Bay
`
`6/14 - Washington, NC
`
`6/29 - BASF Smile Train
`
`9/6 - Mayo Lake
`
`10/4 - Lake Royale
`
`Time Trial Series
`
`OCS Bicycle Time Trial Series
`
`Running Events
`
`5/11 - Garner 5k Run/Walk
`
`Anna's Angels Run/Walk
`
`Volunteers
`
`Timing Services
`
`Testimonials
`
`About FSLLC
`
`Get Race Updates
`
`Saturday, April 26, 2008 - 8am
`Sprint and Olympic Duathlon - Manteo, NC
`
`Sunday, April 27, 2008 - 8 am
`Outer Banks Kids Triathlon - Outer Banks YMCA in Nags Head, NC
`
`Kids Triathlon Results
`Sprint Results
`Olympic Results
`
`Race day information
`
`Bike/Run Course and Transition Area
`
`April 15: Important information About the
`Outer Banks Triathlon!
`
`Dear Participants,
`
`It has come to our attention through general race
`preparations, that Dare County has recently developed
`some concerns with the swim site and in fact has posted
`a swim advisory for Shallowbag Bay area.
`
`Triathlon Sponsor -
`Inside Out Sports
`TriDuo
`
`In accordance with USA Triathlon, County Regulations, and Town of Manteo ,
`participant safety is our number 1 concern. Because the area maybe unsafe in this
`short amount of time left until the event, the Outer Banks Sprint Triathlon will
`become a duathlon event.
`
`The distances will be:
`
`Sprint
`1-mile Run
`14-mile Bike
`3.1-mile Run
`
`Olympic
`3.1-mile Run
`26-mile Bike
`6.2-mile Run
`
`Finish Strong greatly apologizes for this inconvenience. As a professional
`organization, safety of our participants is our number 1 goal.
`
`Again, sorry for the inconvenience and we look forward to you joining us on a fun
`and family weekend in the Outer Banks.
`
`FSS000273
`
`

`
`EXHIBIT C
`
`EXHIBIT C
`
`

`
`Race Name
`
`***************** OVERALL RESULTS ******************
`A.E. FINLEY KIDS TRIATHLON
`AUGUST 24, 2008
`8:00 AM
`RESULTS COMPILED BY FINISH STRONG EVENT PRODUCTIONS
`
`Place
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`
`Place
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`
`Bib
`130
`124
`120
`135
`131
`117
`129
`132
`119
`125
`137
`122
`123
`133
`121
`128
`136
`116
`127
`134
`126
`118
`115
`
`Bib
`124
`120
`135
`117
`137
`121
`128
`136
`116
`127
`134
`118
`
`Swim Bike
`
`Run
`
`Name
`
`Age
`12
`12
`11
`10
`10
`10
`11
`9
`10
`9
`11
`8
`8
`7
`8
`9
`7
`8
`6
`7
`8
`6
`7
`
`City
`Kill Devil Hills
`Southern Shores
`Southern Shores
`Southern Shores
`Kitty Hawk
`Virginia Beach
`Kill Devil Hills
`Kill Devil Hills
`Charlotte
`Chesapeake
`Southern Shores
`Kill Devil Hills
`Southern Shores
`Kill Devil Hills
`Southern Shores
`Durham
`Southern Shores
`Virginia Beach
`Kill Devil Hills
`Southern Shores
`Mechansville
`Charlotte
`Kill Devil Hills
`
`State
`NC
`NC
`NC
`NC
`NC
`VA
`NC
`NC
`NC
`VA
`NC
`NC
`NC
`NC
`NC
`NC
`NC
`VA
`NC
`NC
`VA
`NC
`NC
`
`***************** FEMALE RESULTS ******************
`OUTER BANKS KIDS TRIATHLON
`APRIL 27, 2008
`8:00 AM
`RESULTS COMPILED BY FINISH STRONG EVENT PRODUCTIONS
`
`Swim Bike
`
`Run
`
`Name
`
`Age
`12
`11
`10
`10
`11
`8
`9
`7
`8
`6
`7
`6
`
`City
`Southern Shores
`Southern Shores
`Southern Shores
`Virginia Beach
`Southern Shores
`Southern Shores
`Durham
`Southern Shores
`Virginia Beach
`Kill Devil Hills
`Southern Shores
`Charlotte
`
`State
`NC
`NC
`NC
`VA
`NC
`NC
`NC
`NC
`VA
`NC
`NC
`NC
`
`Official
`30:26.0
`30:41.0
`32:10.0
`32:57.0
`33:16.0
`33:54.0
`34:01.0
`34:26.0
`36:26.0
`37:17.0
`38:51.0
`40:40.0
`41:53.0
`42:12.0
`44:08.0
`45:15.0
`46:56.0
`47:17.0
`47:21.0
`48:21.0
`49:29.0
`50:43.0
`
`Official
`30:41.0
`32:10.0
`32:57.0
`33:54.0
`38:51.0
`44:08.0
`45:15.0
`46:56.0
`47:17.0
`47:21.0
`48:21.0
`50:43.0
`
`file:///O|/...g/6118-003%20OBSE%20v.%20Finish%20Strong/Incoming/20121031-01/New%20folder/OBX%20Kids%20Results%2008.htm[12/5/2012 11:22:30 AM]
`
`FSS000152
`
`

`
`Race Name
`
`13
`
`115
`
`7
`
`Kill Devil Hills
`
`NC
`
`***************** MALE RESULTS ******************
`OUTER BANKS KIDS TRIATHLON
`APRIL 27, 2008
`8:00 AM
`RESULTS COMPILED BY FINISH STRONG EVENT PRODUCTIONS
`
`Place
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`
`Place
`1
`2
`3
`4
`5
`
`Place
`1
`2
`3
`4
`
`Place
`1
`2
`3
`4
`5
`
`Bib
`130
`131
`129
`132
`119
`125
`122
`123
`133
`126
`
`Bib
`121
`136
`116
`134
`115
`
`Bib
`122
`123
`133
`126
`
`Bib
`120
`135
`117
`137
`128
`
`Swim Bike
`
`Run
`
`Name
`
`Age
`12
`10
`11
`9
`10
`9
`8
`8
`7
`8
`
`City
`Kill Devil Hills
`Kitty Hawk
`Kill Devil Hills
`Kill Devil Hills
`Charlotte
`Chesapeake
`Kill Devil Hills
`Southern Shores
`Kill Devil Hills
`Mechansville
`
`State
`NC
`NC
`NC
`NC
`NC
`VA
`NC
`NC
`NC
`VA
`
`AGE GROUP RESULTS
`A.E. FINLEY KIDS TRIATHLON
`AUGUST 24, 2008
`8:00 AM
`RESULTS COMPILED BY FINISH STRONG EVENT PRODUCTIONS
`
`Name
`
`Name
`
`Name
`
`Swim Bike
`
`Run
`
`FEMALE AGE GROUP: 7 - 8
`
`Age
`8
`7
`8
`7
`7
`
`City
`Southern Shores
`Southern Shores
`Virginia Beach
`Southern Shores
`Kill Devil Hills
`
`State
`NC
`NC
`VA
`NC
`NC
`
`MALE AGE GROUP: 7 - 8
`
`Swim Bike
`
`Run
`
`Age
`8
`8
`7
`8
`
`City
`Kill Devil Hills
`Southern Shores
`Kill Devil Hills
`Mechansville
`
`State
`NC
`NC
`NC
`VA
`
`FEMALE AGE GROUP: 9 - 11
`
`Swim Bike
`
`Run
`
`Age
`11
`10
`10
`11
`9
`
`City
`Southern Shores
`Southern Shores
`Virginia Beach
`Southern Shores
`Durham
`
`State
`NC
`NC
`VA
`NC
`NC
`
`Official
`30:26.0
`33:16.0
`34:01.0
`34:26.0
`36:26.0
`37:17.0
`40:40.0
`41:53.0
`42:12.0
`49:29.0
`
`Official
`44:08.0
`46:56.0
`47:17.0
`48:21.0
`
`Official
`40:40.0
`41:53.0
`42:12.0
`49:29.0
`
`Official
`32:10.0
`32:57.0
`33:54.0
`38:51.0
`45:15.0
`
`file:///O|/...g/6118-003%20OBSE%20v.%20Finish%20Strong/Incoming/20121031-01/New%20folder/OBX%20Kids%20Results%2008.htm[12/5/2012 11:22:30 AM]
`
`FSS000153
`
`

`
`EXHIBIT D
`
`EXHIBIT D
`
`

`
`DARE COUNTY SCHOOLS
`COMMlJNITY SCHOOLS
`APPLICATION FOR USE OF SCHOOL FAC~ITIES
`
`NOTICE: NO ALCOHOLIC BEVERAGES OR TOBACCO PRODUCTS AI,LOWED ON
`PREMISES
`
`PLEASE READ THE AGREEMENT BELOW REGARDING SCHOOL FACILITIES l.IABILITIES:
`
`Date of Application _____ ___ '"7--'-_-~Z=G~·-=_' ___ 20~ '1
`
`(Please Type or Print Clearly)
`
`Instructions: This fonn and duplicate copies should be filled out and presented to the
`Principal of the faci I ity being requested for use.
`White- CO, Canary· Principal , Pin k -
`
`I'J. 1--k,'A.1) ELf- .
`L FACILITY DESLRED
`'l.\!VL~JNG- L 0
`(
`Exact areas desired (i.e., Gymnasium, Campus, etc.) (use of kitchen requires
`Coordinati on willi Child Nutrition Director)
`
`School
`
`II. SPECIAL EQUIPMENT/SERVICES DESlRED:
`
`Ill . INDIVIDUAL and organization, if applicable, making application for facility.
`(This should be the person responsible to Dare County Schools for proper
`care/use of the facilities and for paying use costs):
`
`•
`
`I
`
`INDIVIDUAL: nN:r5\.\ S5£1))\.l If-b ';'V;?f .. )vJ 1> ;.t(9~GY5
`ADDRESS: 3 J ::) C ~1 C' (2...51)4 De PHONE: <1. \ Dl ·7(1 {o - '-I ':l::7 Lt.,
`CITY: Cr../(.,/
`STATE: (VC ZIP: 'L;1fn I
`~.
`ORGANlZATION': C5h./L<GlIZ."1} AtJ~S. ·c'lk:!.. CL~';'
`.
`J () C v-. { t .O IJ Tt'b.C·T ~ .x. tv\.., $'~ &IZ. Z- i5 Z-- 5 ~\ L\. - 0'-\ II
`o Vl t'll\ -
`IV. STATE INTENDED USE OF FACILITY: ~ ft\l ... ~(Ni:r-
`I 0 A~'J\...
`
`<& .. 4.3 -('q
`V. TIME FACILITY IS REQUESTED:
`DATE:
`O'CLOC~
`lv i\,,"\.. O'CLOCK TO: \0 A,,,,,-
`q
`Number of hours:
`This should be total time including building
`
`FROM:
`
`I
`
`warm-up time.
`
`AGREEMENT
`
`Section 115C-524 of tbe General Statutes of North Carolina, provides, in pertinent part, tbat no
`liability shall attach to any Board of Education individually or collectively for personal injury
`suffered by reason of the use of scbool property under a facilities use agreement. It is understood and
`agreed by and between the parties of this contract that under the doctrine of governmental immunity
`and said statute, the Dare County Board of Education is exempt from any and all liability for any
`damage or injury to person or property caused by or resulting from any cause or happening
`whatsoever. 11 is further understood and agreed by and between the parties of this contract that the
`user of school facilities shall have fuJI and complete responsibility for the proper care and use of such
`faci lities and shall be liable to the Dare County Board of Education for any damages to such school
`facilities resulting from any action of the IJser or the user's agent, employees, members or invitees
`during the period of lise of sucb facilities by the users as approved by the Dare County Board of
`Education. The user of school facilities under and pursuant to the terms of this contract hereby
`agrees to indemnifY and hold the Dare County Board of Education harmless on account of any
`property damage or personal injury resulting from the use of said scbool facilities by user except to
`the extent otberwise provided by law.
`It is understood that upon tbe signing of this contract, all
`parties involved in stated organization bave read, understood and agreed to adhere to the policy
`It is furtber understood and agre ~.at the organization or
`e titled "Use of School Facilities."
`i i\~d
`is responsible
`t e fees and charges as stated and will
`resf~'msible to pay for any
`may
`during tbe use of tbe facili~
`/
`
`~'­
`'1- "2.0 -0'1
`
`Date
`
`-
`
`VI. PRlNCIP AL
`
`Date
`
`The use oftbis facility/equipment at the time and date requested (WILL) (WiLL NOT) Lnterfere with
`any school program or prior commitment.
`I do bereby (APPROVE) (DISAPPROVE) this
`) ()
`application.
`
`princi!Ll's/:!tture:. b! ll~~~ c: ·900lrn'\~
`
`Date: ~ f..t:::i.L.OC•
`,
`
`:].
`
`Comments: _____________ _
`
`FSS000058
`
`

`
`EXHIBIT E
`
`EXHIBIT E
`
`

`
`Outer Banks Triathlon Coordination
`August 23, 2009
`Race Start 7:00 am
`
`OBXTri Club
`
`1. Secure a location for Packet Pickup on Saturday and Sunday (Tortuga's Sunday
`2. Order porta potties for delivery (1 per 35) but we can determine morning of race. tt
`am)
`3. Police for the bike course. How many do we need? 10
`4. Secure parking locations and lots with town. $. c..-~ 'I--
`'f'M..L-k 5
`5. EMS unit on site for Sunday am. DtMt U-W .. k Rts,()J..L. - r
`6. Lifeguards, kayaks, surfers, and a couple of boa~ for Sunday. Not for sure how
`many boats we will get from the Coast Guard but I requested 2. We will need a
`boat to drop the buoys in the water. Per volunteer sheet.
`7. Food-Bagels, fruit, peanut butter, or a local restaurant might want to contribute
`at a discounted rate. Tortuga's? ~O 0
`Ice sponsors or discounted rate for ice? We had 400 people and went through
`"500 (hS,
`about 14 coolers of water and ice a couple of weeks ago.
`9. Hotel Sponsor or recommend hotel for participants to stay. Also, can we get 2-3
`comp rooms for Friday, Saturday and Sunday night. We can do 1 night as part
`-r1l--~ & {} (.lfV'"
`of the race expense.
`10. can we do awards at Tortuga's? Are we going to secure the awards?
`
`8.
`
`F ( i L b.1 5~~ /w,).J--\
`J /
`.-' I
`
`('
`
`)
`
`FSS000053
`
`

`
`Exhibit F
`
`Exhibit F
`
`

`
`
`
`
`
`
`
`
`
`Outer Banks Triathlon
`For
`Outer Banks Sporting Events
`
`PROPOSAL PACKAGE
`
`
`
`1
`
`FSS000194
`
`

`
`TABLE OF CONTENTS
`
`
`
`
`
`Table of Contents…………………………………………………………………………………………..………2
`
`Objectives……………………………………………………………………………………………………………..3
`
`Agreement……………….……………………………………………………………………………………………4
`
` Fees……………………………………..………………………………………………………………………………5
`
`Contact Information and Action Item……………………………………………………………………....6
`
`
`
`
`
`2
`
`FSS000195
`
`

`
`FS Series LLC
`305 Coorsdale Drive
`Cary, NC 27511
`www.fsseries.com
`919.481.9556
`
`
`
`Event Production Company
`
`
`
`March 9, 2010
`
`Dear Outer Banks Sporting Events:
`
`On behalf of FS Series Event Production Company, we would like to thank you for allowing us to
`be your Timer and Event Manager. Our ultimate goal is to be your solution for all your event
`planning, promotion, organization, and management needs.
`
`Objectives
`
`Based on our discussions, the race and event objectives are as follows for the Outer Banks
`Triathlon on September 18 and 19th, 2010 at 7:00 am in Manteo, NC.
`
`FS Series will promote the event through:
`1. A wide range of running and triathlon websites with race calendars.
`2. Periodic emails sent to email databases.
`3. Distribution of flyers at area race events leading up to your event.
`4. Provide course and insurance certification (USA Triathlon Certified).
`5. Provide participant database management and bib number allocation (part of timing
`service).
`6. On-site registration and website hosting (per fee).
`7. Pre-registration and day of event registration direction.
`8. Complete timing of event with results posting on all relevant results websites.
`9. Obtain sanctioning and insurance for your event, if needed.
`10. Provide course materials such as cones, mile markers, etc, if needed.
`11. Provide bib numbers and respective number of safety pins, if needed.
`
`
`Event Results
`o On site preliminary results posted, approximately every 15 minutes
`o Award results printed for race director
`o Results posted on results site within 24 hours
`o
`Individualized results emailed to participate right after completion of event
`(based on internet connection available).
`
`3
`
`
`
`
`
`FSS000196
`
`

`
`
`
`
`Client Agrees:
`
`
`AGREEMENT
`
`1. To use FS Series as the sole provider of duties and responsibilities as agreed
`upon below.
`2. To use FS Series online registration system.
`3. Use FS Series logo on all promotional materials and t shirts.
`4. To block off parking lot and allow FS to setup in designated area beginning at 12:00 pm
`the Friday before the race.
`5. To pay for costs associated with management of your event in addition to event
`management as they arise, e.g. timing, event website, event insurance, course
`certification, awards, etc. (to be specified and approved by client before acquired by FS
`Series.)
`6. To pay base rates if the event is cancelled unless the participant fees are returned.
`7. To not hold responsible FS Series, people and/or sponsors associated with FS Series, for
`any claims of damages or injuries brought by participants in your event, and/or poor or
`low participant turnout. Client shall pay FS Series for duties already carried out listed
`below if client cancels event for any reason.
`8. To pay a $200 non refundable deposit to secure the event date and services (the $200
`will be applied as a credit towards the timing costs after the event).
`
`
`
`FS Series Agrees To:
`
`Outer Banks Sporting Events
`
`1. Provide timing chips for race and 5 splits (Swim, T1, Bike, T2, Run, Finish)
`2. Provide required equipment to conduct a triathlon (clocks, netting, bike boxes, etc.)
`3. Arrive at event location in time to be set up for an 7:00 am start. Setup will occur
`Friday afternoon during packet pickup.
`4. Bring needed staff to support timing (Outer Banks Sporting Events to provide requested
`volunteers)
`5. Provide a finish line to include: a chip map, small tent, timing clock, small runner’s
`chute (via cones, or rope), and back up timing
`6. Event Results to be posted as defined above and are to include age group placing to be
`used by USA Triathlon for awards distribution.
`7. Provide all support to race director and staff for a successful event.
`
`
`4
`
`
`
`
`
`FSS000197
`
`

`
`
`
`
`
`Fees for Race Event
`
`
`Setup and Timing:
`
` base rate per day plus $
`
` per registration over 200 participants
`
`• 2 rooms for 3 nights at hotel accommodations—
`• Mileage at $.
`/mile from Cary to event=N/A
`
` (Comp room is also adequate)
`
` $
`
`
`
`
`
`
`
`
`
`
`
`Rate
`
`Quantity
`
`Total
`
`2
`
`200
`
`2
`
`
`
`9
`
`500
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Fees
`
`
`
`Base Rate
`
`
`
`
`
`
`
`Per Participant Fee $
`
`over 200 per day
`
`USAT Sanctioning
`
`
`
`Series Fee
`
`Triathlon series
`
`Hotel Room
`
`3 nights – 2 rooms
`
`Mileage
`
`Bibs
`
`Swim Caps
`
`$
`
`at 500 miles
`
`Unless you have a sponsor to
`cover
`Provided by FS
`
`Total
`
`
`
`N/A
`
`
`
`5
`
`
`
`
`
`
`
`
`
`FSS000198
`
`

`
`
`
`
`
`
`Contact Information
`
`
`Business Address:
`
`FS Series LLC
`305 Coorsdale Drive
`Cary, NC 27511
`www.fsseries.com
`919.481.9556 (Office/Fax)
`
`Jason Biggs, Partner, 919-796-4878, jason@fsseries.com
`
`Brent Dorenkamp, Partner, 919-790-0364, brent@fsseries.com
`
`Marc Primanti, Partner 919-931-9262, marc@fsseries.com
`
`
`
`
`
`
`Action Item
`
`If you are in agreement with this letter, please sign below and return to me at your earliest
`convenience. **Note that your event date will not be guaranteed with FS Series until the LOA
`is in place and $200 deposit made. Please contact me with any questions and/or concerns.
`
`Again, thank you for choosing FS Series Event Production Company. We look forward to
`serving you.
`
`Sincerely,
`
`Brent, Jason and Marc
`FS Series Event Production Company
`
`Client Signature:
`
`Please mail to:
`
`FS Series
`305 Coorsdale Drive
`Cary, NC 27511
`
`6
`
`
`
`Print Name:
`
`
`
`Title:
`
`
`
`Date:
`
`
`
`
`
`
`
`FSS000199
`
`

`
`Exhibit G
`
`

`
`Outer Banks Triathlon
`
`For
`
`Outer Banks Sporting Events
`
`PROPOSAL PACKAGE
`
`

`
`TABLE OF CONTENTS
`
`Table of Contents ............................................................................................................... ..2
`
`Objectives........................................................................................................................... ..3
`
`Agreement.......................................................................................................................... ..4
`
`Fees.................................................................................................................................... ..5
`
`Contact Information and Action Item .....................................