LETTER OF AGREEMENT AND OBLIGATIONS
FOR THE HOSTING OF
A WORLD COMPETITION
THIS AGREEMENT is made on the 16th day of the month of August of the year 2005
BETWEEN
(1) THE INTERNATIONAL WATER SKI FEDERATION
Postbox 564, 6314 Unteraegeri, Switzerland (“the IWSF”);
AND
(2) THE PERUVIAN WATERSKI FEDERATION (²the Organiser²)
Montero Rosas 119, Barranco
Lima – PERÚ
for the 2008 WORLD JUNIOR WATER SKI CHAMPIONSHIPS
to take place at the BUJAMA LAKES, LIMA / PERU
from the 05 January 2009 to 11 January 2009
LETTER OF AGREEMENT AND OBLIGATIONS
FOR THE HOSTING OF
A WORLD COMPETITION
INDEX
1 DEFINITIONS
2 COMPETITION NAME, DATES AND PLACE
3 INDEMNITY & FINANCIAL OBLIGATIONS
4 BID & PERFORMANCES GUARANTEE
5 SANCTION FEE
6 COMMERCIAL, BOAT, INTERNET, TELEVISION AND BROADCASTING RIGHTS
7 AWARDS
8 DRUG TESTING
9 ENTRY FEES
10 BIBS
11 CEREMONIES
12 INSURANCE
13 PRESS AND PUBLICITY
14 EVENT RESULTS
15 TECHNICAL REQUIREMENTS OF THE ORGANISER
16 TOURNAMENT ANNOUNCER
17 INVITED DIGNITARIES AND OFFICIALS
18 COMPETITORS
19 PROTOCOL FOR ANNOUNCERS
20 BULLETINS
21 TRANSPORTATION
22 HOTEL
23 HOSPITALITY AND SOCIAL EVENTS
24 IWSF MEETINGS
25 ADDITIONAL HOUSING PERIODS
26 ORGANISATION
27 RECOMMENDATIONS
28 FLAGS AND PLACARDS
29 EXCEPTIONS AND AMENDMENTS
30 TERMINATION
31 GENERAL
32 GOVERNING LAW
SCHEDULES
1 SANCTION FEES FOR WORLD TITLED EVENTS
2 GUIDELINES FOR PROTOCOL, CEREMONIES, CLOTHING AND PUBLICITY
3 WAIVER TO BE COMPLETED BY COMPETITORS AND OFFICIALS
4 MEDIA AND PRESS
5 BOAT TENDERS
6 IDENTITY CARDS
7 EXCEPTIONS
NOW IT IS HEREBY AGREED as follows:
ART. 1 DEFINITIONS
In this agreement the following words shall have the following meanings:
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²Agreement² |
this agreement between IWSF and the organiser |
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²Articles² |
the articles of this agreement |
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²Chief Judge² |
the chief judge of the Competition appointed by the IWSF |
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²Competition² |
the World Title or World Trophy competition due to take place on the date and at the place set out on page 1 |
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²Councils² |
the divisional Councils of the IWSF |
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“Events” |
the various water ski events held at the Competition |
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“Executive Board” |
the Executive Board of the IWSF |
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“Headquarters” |
IWSF Headquarters |
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²IOC² |
the International Olympic Committee |
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“IWSF Contracting Party” |
means any party, including (without limitations) suppliers, broadcasters, licensees and any other person who has contracted with the IWSF for any of the Commercial Rights |
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‘Immediate Family” |
these are spouse, partner, parents, children, brothers and sisters |
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“Official Start” |
3 days before the commencement of the competition |
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“Officials” |
Chief Judge and all others appointed by the IWSF to officiate at the Competition |
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“Organising Committee” |
a committee formed by the Organiser for the purpose of organising the Competition |
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“The President” |
The President of the International Water Ski Federation or his appointee |
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“Confederations” |
the Confederations of the IWSF |
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“Sanction Fee” |
the sanction fee set out in Art. 5 |
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"Spouse" |
to be interpreted as husband, wife or companion |
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The use of any word implying gender shall refer to either sex.
ART. 2 COMPETITION NAME, DATES AND PLACE
The Organiser shall provide that the competition is referred to in all publications, bulletins, advertisements, calendars, press releases, media announcements etc. as the “2005 World under 21 Water Ski Championships” (official name)”
ART. 3 INDEMNITY & FINANCIAL OBLIGATIONS
The Organiser accepts that the IWSF has no financial obligation or responsibility of any kind in connection with the Competition. The Organiser hereby indemnifies and shall keep the IWSF indemnified against all losses, damages, costs, actions, proceedings, claims, demands, expenses and any share of responsibility the IWSF may have, may incur or which may arise in respect of the Organiser’s organising and holding of the Competition including (without prejudice to the generality of the foregoing) all or any responsibility for all commitments, expenses and obligations for any Organising Committee.
ART. 4 BID & PERFORMANCE GUARANTEE
(1) Prior to presenting a bid to the IWSF the organiser shall have deposited with the IWSF the amount of CHF 10.000.00. This deposit will be returned to unsuccessful bidders but, in the case of the winning bid by the Organiser will be kept by the IWSF as a guarantee (“the Performance Guarantee”) that the Organiser will perform all its obligations under this Agreement and will meet all its financial responsibilities.
(2) Without prejudice to any other rights and remedies of the IWSF, if the IWSF decides that any obligations of the Organiser have not been discharged in full, the IWSF may deduct such sum or sums as it thinks fit from the Performance Guarantee to meet the obligations of the Organiser.
(3) If the IWSF is satisfied that there are no outstanding obligations of the Organiser, nor payments due to the IWSF under this Agreement and the IWSF has no, or is unlikely to have any claim against the Organiser under this Agreement, then the Performance Guarantee, shall be returned to the Organiser.
ART. 5 SANCTION FEE
(1) In addition to the Performance Guarantee, the Organiser shall pay to the IWSF a sanction fee of CHF 18,000.00. The Organiser shall pay 25% of the Sanction Fee no later than 180 days before the Official Start and the balance of the Sanction Fee no later than 30 days before the Official Start.
(2) I this Agreement is entered into at any time within the period of 180 days before the Official Start, the Organiser shall pay 40% of the Sanction Fee on the date of this Agreement and the balance of the Sanction Fee no later than 30 days before the Official Start.
(3) Details of the sanction fees applicable to World Title or World Trophy Competitions are set out in Schedule 1 of this Agreement.
ART. 6 COMMERCIAL, BOAT, INTERNET, TELEVISION AND BROADCAST RIGHTS
(1) COMMERCIAL RIGHTS: Income from Commercial rights shall belong to the Organiser. In this article the commercial rights referred to shall include (but not be limited to) the following:
a) advertising media of any kind for all product categories at the Site(s), the latter being free of all advertising other than that which is jointly agreed to by the IWSF and the Organiser at the Site(s);
b) franchising, sampling, and display rights at the Site(s). “Franchising Rights” as used in this Article 6 shall mean the exclusive opportunity for sponsors/suppliers to sell and/or distribute their products at the Site(s). In the case of soft drinks/fruit juices, bottled water and beer, “Franchising Rights” shall also include the exclusive “pouring” rights;
c) the use of the various mascots, emblems, legends, logos, signs, representation, trademarks, trade names, insignia or service marks, musical compositions, denoting or identifying the IWSF or the Competition, and all intellectual property rights (including copyright) therein, including but not limited to sponsorship, licensing, broadcasting and with respect to the official film, music, coins, medals, videograms, and publications of the Competition or the Events;
d) developing, marketing of, and advertising on all official printed matter including (but not limited to) tickets, posters, guides, programmes, bulletins, calendars, books, booklets, magazines printed exclusively with respect to the Competition and the Events where such items are produced;
e) any denomination “official” or otherwise in relation to the Competition or the Events, the IWSF or the Organiser;
f) production and subsequent commercial exploitation of any coins and medals with respect to the Competition and the Events and/or the IWSF;
g) advertising on the electronic scoreboards, if used, in compliance with the IWSF directions and any broadcasting regulations;
h) hospitality and public relations opportunities at the Site(s) and at the occasion of the Competition and the Events;
i) advertising signs along the course in view of the main television cameras;
j) advertising signs in view of television cameras in the area of the Competition or the Events;
k) company name/logo displayed on a minimum of two Competition title banners situated along courses and throughout spectator areas;
l) product/service exclusivity;
m) advertising in all publications of the Competition and the Events;
n) company name/logo displayed on the backdrop of the awards podium used for awards presentation ceremonies at the event if acceptable to the IWSF;
o) company name/logo included on composite page of “official sponsors” in all official publications of the Competition and the Events;
p) company name/logo on all official print materials such as entry forms, Competition information, start and result lists, accreditation cards, tickets etc;
(2) BOAT RIGHTS: The Organiser accepts that all Boat Rights pertaining to the Competition and the Events belong to the IWSF. “Boat Rights” mean the contracting with a company or person to provide tow-boats, service boats, safety boats and any other boat used at the Competition or the Events. They shall also include the engines used in or on such boats.
The contract to be signed between the IWSF, the Organiser and the Boat provider for the competition is an integral part of Art 6 of this agreement and shall be respected in its entirety.
The parties agree that income received by the IWSF from any assignment of boat rights after deduction of all commissions and agency fees will be shared as negotiated between the IWSF and the organiser but with not less than 50 % for the IWSF.
Tow-boat selection shall conform to Schedule 5.
Tow-boat approval shall conform to relevant IWSF Federation Rules.
The accepted tender and resulting agreement form an extension to this Letter of Agreement and Obligations.
(3) INTERNET RIGHTS
Internet rights belong to the IWSF. The Organiser shall provide the TV signal at no cost to the IWSF. It shall be exclusive to the IWSF and free of any and all other ownership rights. If the IWSF advises the Organiser no later than 60 days before the commencement of the competition it does not want the signal the Organiser shall provide the IWSF with a professional quality Betacam Videotape of the competition with commentary in English at no cost to the IWSF. The commercial rights of such tape shall belong to the IWSF.
The IWSF shall state the official website of the event. The Organiser shall provide the webmaster of the official website, as soon as it is available, at least with the following information: all official bulletins, all official press releases, the official results on a daily basis.
(4) TELEVISION AND BROADCAST RIGHTS (after providing the signal for the Internet):
Television and Broadcast Rights belong to the IWSF. “Television and Broadcast Rights” means all radio and television rights (including but not limited to cable television rights, radio rights, rights to projection of recordings or television programmes in theatres, cinemas etc.). Such rights shall include all kinds of image and sound transmissions over the air, by material conductors, optical (laser) communications, satellites of any nature, irrespective or whether the receiving installation is at home or in a public place, and including all technology which may be used as a substitute for television or radio whether by the host broadcaster or by anyone else.
A copy of the TV master tapes shall be provided free of charge to the IWSF to use to prepare training and highlight videos for Member Federations.
The income from the National rights belongs to the organiser. The income from international rights belongs to the IWSF with the possibility of the income being shared with the organiser.
(5) RIGHTS OF THE ORGANISER: The Organiser may sell sponsorships provided that:
a) they do not conflict with product categories of international sponsors as notified to the Organiser at the time of signing the agreement.
b) their proposed exposure conforms to international broadcast conventions and regulations.
The Organiser can sell a title sponsorship on a local or national basis, sponsorship exposure on bibs and have first choice of site for an advertising board, subject to the sponsor being approved by the IWSF.
Any prior contract entered into by the IWSF in respect shall take precedence over any separate agreement the Organiser has entered into (unless otherwise agreed between IWSF and the Organiser).
ART. 7 AWARDS
(1) The IWSF will provide medals for the 1st, 2nd and 3rd place for all events, individual overall and team overall as per directives of the applicable Council.
(2) A gold medal will be provided for all officials appointed by the IWSF. Five gold medals will also be provided for the use of the Organiser.
(3) Trophies, approved by the IWSF, shall be provided by the Organiser for the 1st, 2nd and 3rd teams.
(4) Merchandise awards shall not be made at award ceremonies, at the tournament site or the banquets.
(5) Awards must not be given before the end of the official time of the announcement of the results unless approved by the President.
(6) The Organiser shall procure that there is no commercial advertising at the awards ceremony, other than as agreed by the President.
(7) The Organiser shall provide a suitable awards podium with a backdrop upon which the Organisers sponsors associated with the title of the Competition and IWSF Contracting Parties' identification can appear if approved by the President together with the IWSF logo.
ART. 8 DRUG TESTING
(1) Any cost involved in drug testing shall be the responsibility of the Organiser.
(2) Drug testing shall be carried out in accordance with the IWSF drug testing policy through the chairman of the IWSF Medical Commission. If the drug testing requirements of the Country of the Organiser are greater than those of the IWSF the Country requirements shall be adhered to.
(3) The Organiser shall send full and accurate reslts of all drug testing to the Chairman of the IWSF Medical Commission.
ART. 9 ENTRY FEES
There shall be no entry fees unless they form part of the bid and are agreed when the bid is approved.
ART. 10 BIBS
If the IWSF so decides, competitors shall be obliged to wear bibs. The Organiser shall submit all examples of bibs to the President and the Chairman of the appropriate Council for approval no later than 30 days prior to the Official Start. The Organiser undertakes that all the examples of bibs shall include any publicity that will be displayed on the bib. The President or his appointed representative will check that the bib is in accordance with specific technical restrictions and that the publicity printed upon it is acceptable to the IWSF. The Organiser shall procure that only bibs that have been approved by the IWSF shall be used at the Competition and the Events.
ART. 11 CEREMONIES
(1) The President shall approve and have the final decision on the place, time and protocol of the opening ceremonies, medal award ceremonies, Hall of Fame ceremony, hand-over ceremony and the final banquet.
(2) The Organiser undertakes that it will co-operate with the IWSF in relation to the attendance of members of the Executive Board at any presentation ceremony and particularly in relation to their being entitled to participate at such a ceremony, including being acknowledged and being placed in a prominent position (approved by the President) at any such ceremony.
(3) The Organiser undertakes that it will use its best endeavours to comply with the Guidelines for Protocol, Ceremonies, Clothing and Publicity set out in Schedule 2 of this Agreement.
ART. 12 INSURANCE
(1) The Organiser accepts the IWSF is in no way responsible for any liability which might arise to competitors, officials or spectators or any other person or thing at or during the Competition or Events, or whilst training or practising for them. The Organiser hereby indemnifies and shall keep the IWSF indemnified against all losses, damages, costs, actions, proceedings, claims, demands, expenses and any share of responsibility the IWSF may have, may incur or which may arise in respect of any competitor, official, spectator or any other person or thing at or during the Competition or the Events or whilst training or practising for them within jurisdiction.
(2)
a) The Organiser shall carry adequate insurance, in an amount agreed by the President, for all liability and any property damage. The Organiser undertakes that the Executive Board will be named as an additional insured party in any such policy. The Organiser shall send a copy of the insurance certificate in English to the IWSF for approval by the President and the Chairman of the relevant Council no later than 30 days before the Official Start and then the confirmation of approval to the Chief Judge.
b) The Organiser undertakes that it shall also display that insurance certificate in the administration office for each of the Events for all competitors and officials to inspect, commencing from the first day of registration for the Competition or for the Events until the day after the Competition has finished.
(3) The Organiser shall procure that whatever the natural language of the insurance certificate, a certified translation of the insurance certificate in English shall be displayed at the administration office throughout the competition.
(4) The Organiser undertakes that it will procure that every competitor at the Competition signs an entry form, the terms of which include a waiver releasing the Organiser and the IWSF from any liability with respect to themselves or their equipment in accordance with the waiver set out in Schedule 3 of this Agreement.
(5) For competitors who have not achieved legal age of majority in the country of their Federation, the Organiser undertakes it will procure that the entry form and waiver for each such competitor is signed by the competitor's National Federation and will show that the consent of the parent or legal guardian of the competitor has been obtained to their competing and acceptance of any risks involved and the waiver by the Organiser and the IWSF of any liability to a competitor.
ART. 13 PRESS AND PUBLICITY
(1) The Organiser undertakes that it will procure that:
a) the Competition will be advertised to the public as mentioned in Art. 2;
b) if the name of a sponsor is added to the title of the Competition the lettering of the sponsor shall not be greater than the height, width or boldness of lettering in the title of the Competition;
c) a press manager shall be appointed to be responsible for the accreditation of the working press and the issuing of news releases;
d) adequate facilities for the press will be provided. The facilities shall include lap top computer connections, private telephone lines with rapid collect international connections suitable for radio reports, (if practicable) Internet access and (for the avoidance of doubt) the minimum standards for a Media and Press Centre are as set out in Schedule 4);
e) each member Federation of the IWSF is entitled to full press credentials for one person.
(2) The Organiser accepts that:
a) it is the goal of the IWSF to obtain maximum publicity of the Competition throughout the world and therefore the Organiser shall not unreasonably deny accreditation to members of the working press;
b) the Chief Judge or the President shall have the authority to order the removal of any TV, movie camera equipment or any on-site advertising which they consider constitutes a hazard to skiers or interferes with judging.
ART. 14 EVENT RESULTS
(1) The Organiser shall prepare complete results of all the Events for distribution, no later than the awards banquet and shall procure that the names/logos of such of the IWSF Contracting Parties as the IWSF directs are included in those results.
(2) The Organiser shall, before or at the awards banquet, give one copy of the results to each member of the Executive Board present, one copy to each competitor and invited official and two copies to the IWSF Secretary General and IWSF Executive Director.
(3) The Organiser shall, the soonest possible and in no case later than 24 hours after termination of the competition, provide the complete results for publication on the official website of the event.
ART. 15 TECHNICAL REQUIREMENTS OF THE ORGANISER
(1) The Organiser undertakes that it will recommend a suitable Site(s) for the Competition. "Site(s)" means the location of the Competition and shall include the stadium, the courses, their airspace, press centres, broadcast centres, contiguous areas and any other areas under the control of the IWSF or the Organiser where the Competition and the Events take place.
The Chairman of the Council concerned shall decide if inspections of a site are required. If inspections are deemed necessary the Chairman will appoint a qualified competent person to carry out such inspections. The travel and accommodation costs of the inspecting person shall be the responsibility of the World event organiser. In appointing the inspecting person the Council Chairman shall try to keep the travel cost to a minimum.
(2) The Organiser undertakes that:
a) all technical aspects of the Competition and the Events will comply with IWSF rules and standards as determined by the appropriate Council. (See each Division's Technical Rules for details);
b) it shall ensure, where practicable, all Events shall be held in their entirety as scheduled therein and the Organiser will use its best efforts to ensure that the Competition events take place on dates and times compatible with the requirements of not only the host broadcaster but of other broadcasters and in locations which will be substantially acceptable to the IWSF Contracting Parties;
c) it shall prepare media facilities and communications commensurate with the level of the Competition and the Events as agreed with the IWSF (or its agents);
d) it shall grant to the IWSF (or, if the IWSF so directs, its agents) such accreditation as the IWSF requires;
e) it shall use its best efforts to ensure a VIP and tribune seating arrangement is on the Site(s) as close as possible to the main Competition area;
f) it shall make available to the IWSF its agents and to each of the IWSF Contracting Parties free of charge four (4) parking passes for parking places of which half shall be located in the parking area designated for IWSF officials and VIPs (where such facilities are available);
g) it shall make available to the IWSF such number as the IWSF shall decide not exceeding fifty (50) VIP tickets at face value for the Competition and each of the Events;
h) it shall provide the IWSF with timetables, course maps and all relevant information pertaining to the Competition and each of the Events at least thirty six (36) days prior to the event or competitions and, subject to Article 14, will provide the IWSF with the results of each of the Events within twelve (12) hours of the end of the relevant Events:
i) it will use its best endeavours to afford to the IWSF and its agents the benefits of any special discounts for hotel accommodation provided to the Organiser for the Competition and the Evens;
j) the flags of all participating delegations and the IWSF shall be flown at all times during the competition at a central point by the arena;
k) it shall ensure that the field of vision of the public and the television cameras on all advertising material will not in whole or in part be obscured at the Site(s) in any manner during the Competition or any of the Events, particularly not by any athletes, competitors or any security or other official personnel or by any photographers or broadcast staff;
l) it will adhere to all mutually agreed deadlines based on organisational necessities;
m) in carrying out its duties and obligations under this Agreement, the Organiser will co-operate closely with the IWSF before doing anything which may relate to or affect the exploitation of the Commercial rights by the IWSF.
n) it will promptly and properly comply with all relevant provisions of any agreements the IWSF has entered into with IWSF Contracting Parties which relate to it and further the Organiser accepts that it will not violate any rights an IWSF Contracting Party may have under any agreement with the IWSF. Any such contracts shall be disclosed to the Organiser before the bid is accepted.
ART. 16 TOURNAMENT ANNOUNCERS
The Organiser shall procure that:
(1) announcers are in a location separate from the judges of the Events and that the announcers are provided with suitable good quality equipment, including wireless microphones for live interviews;
(2) the sound system is designed to and will cover all the spectator areas with minimum interference to the judges of the Events;
(3) the announcers are able to communicate with the Chief Judge and are provided with calculators, including readouts (if reasonably practicable);
(4) the announcers will mention all IWSF Contracting Parties when required by IWSF at regular intervals throughout the Competition.
(5) all information announcements shall be given in English.
ART. 17 INVITED DIGNITARIES AND OFFICIALS
(1) The Organiser shall procure that the following persons are invited to the Competition:
· President and Secretary General of the IWSF or their designated substitute;
· The Vice Presidents and the Treasurer of the IWSF;
· All IWSF Executive Board members; if a meeting of the Executive Board is to be held.
· Executive Director of the IWSF;
· Chairman of the applicable Council or their designated substitute;
· Members of the applicable IWSF Council, if a meeting of the Council is to be held;
· Chief Judge and all other officials appointed by the IWSF (not including reserves);
and that each such person will be provided with the following:
free hotel and full board (i.e. three meals per day, which shall include lunch at the site) for the period starting on the day preceding the Official Start and concluding the morning after the Competition has ended.
(2) The Organiser shall procure that each of the above persons and their spouse (see 27.3) shall be provided with the following free of charge:
· transportation from airport to each person's respective hotel and back to airport;
· transportation throughout the Competition to and from the Site;
· admission to the Site and grandstands;
· admission to all receptions and banquets;
· tickets to banquets and receptions for immediate family at cost price (and, for avoidance of doubt, "price" in this Art. 17 and in Art. 18 means the price of such a ticket shall be no more than the actual cost to the Organiser of that person's attendance and participation at such a banquet or reception without any form of profit element or mark-up).
ART. 18 COMPETITORS
The Organiser shall procure that the following are invited to the Competition:
· teams as per IWSF rules;
· individuals as per IWSF rules;
· 1 Official per team;
· 1 additional Official for teams of four or more;
and that each such person or group of persons will be provided with the following free of charge:
· transportation to and from each such person’s respective hotel and the Site throughout the Competition on a regular schedule basis;
· admission to the Site for each such persona and their immediate family;
· admission to all applicable receptions and banquets;
· lunch at the Site on official training and throughout the Competition;
Tickets to all applicable banquets and receptions for immediate family shall be at price.
On prior request of a participating member Federation the organiser shall make transport arrangements for competitors in both directions between the airport/railway station and hotel. The cost of such transport shall be borne by those who ask for it.
ART. 19 PROTOCOL FOR ANNOUNCERS
Because there is often confusion concerning various functions of IWSF Officials the following ‘title’ protocol is suggested:
(1) President of the IWSF
(2) Secretary General of the IWSF
(3) President of the ...................Confederation of the IWSF
(4) IWSF Vice-President of the …………..Confederation
(5) IWSF Executive Director
(6) All other members of the IWSF Executive Board
(7) Chairman of the ................ Council of the IWSF
(8) Member of the .................. Council of the IWSF
When introductions are made the Official’s nationality/country might be mentioned, but not the Confederation (except in 3 and 4 above).
The order of precedence shall be:
1. The President
2. The Secretary General
3. The IWSF Vice-Presidents and the Treasurer
4. The Chairman of the Council concerned
5. The President of the Host Confederation
6. The Presidents of other Confederations
7. The Members of the Executive Board
8. The Executive Director of the IWSF
9. The Members of the applicable Council.
ART. 20 BULLETINS
The first bulletin shall be published on the official website and sent by post. At the option of the organiser it may also be sent by e-mail or fax.
All further bulletins shall be published on the official website for the competition.
The organiser shall send a draft of the bulletin it proposes to issue for approval of the IWSF.
In addition the Organiser shall ensure that the Competition Management Webmaster provides Headquarters and/or the IWSF Webmaster with all of the information posted on the Competition Website in html format. This shall include bulletins information, photographs, articles and commentaries regarding the competition, before, during and after its conclusion. Further the Competition Management Webmaster will promptly post the results of the events during the competition and promptly provide the same to the IWSF Webmaster.
(1) BULLETIN NUMBER ONE
This shall be sent no later than 6 months prior to the Competition and shall set out:
a) the official tow-boat for Tournament, Barefoot, Disabled and Wakeboard Competitions;
b) accommodation facilities, rates and details of credit cards acceptable, distance from the Site(s) and parking facilities (including campers and towing vehicles);
c) car and minibus rental rates;
d) a map of the area and the Site(s);
e) health certificate requirements, (if any);
f) visa or other entry to country requirements, (if any);
g) details of available training site.
(2) BULLETIN NUMBER TWO
This shall be sent no later than 4 months prior to the Competition and shall set out the official airline for the Competition.
(3) BULLETIN NUMBER THREE
This shall be sent not later than 2 months prior to the Competition and shall set out:
a) currency exchange advice; and
b) departure tax details.
ART. 21 TRANSPORTATION
(1) The Organiser shall arrange for the persons or groups of persons set out only in Article 17 to be met by duly appointed officials at the airport and transported from there to their respective hotels.
(2) At the end of the Competition the Organiser shall also provide transport for those persons from their respective hotels back to the airport at such times as those persons require but provided that each such person or group of persons give the Organiser at least 12 hours’ notice of their respective requirements.
(3) The Organiser shall also provide transportation for those persons to and from their respective hotels and the Site throughout the Competition and to and from their respective hotels and the social functions.
(4) The Organiser’s transportation responsibilities commence 48 hours prior to the Official Start and extend until 48 hours following the closing ceremony of the Competition. The Organiser shall procure that its transportation arrangements will be such that there is sufficient space for the competitors’ equipment to be transported as and when required by the competitors.
(5) All the above transportation arrangements shall be made free of charge by the Organiser.
ART. 22 HOTEL
(1) The Organiser shall designate a first class hotel within 25 km of the Site as the official hotel. If practicable that first class hotel shall have sufficient rooms available to accommodate all those persons set out in Article 17. All such persons shall be accommodate free of charge. However, the Organiser shall not be responsible for the cost of special services such as laundry, telephone, room service and other such expenses.
(2) The Organiser shall use its best endeavours to negotiate the best possible group rate for all those attending the Competition and paying for their own accommodation so that the hotel rooms in the official and other hotels are provided for such persons at the best possible rate.
(3) The Organiser shall procure that payment at official and other hotels can be made by internationally recognised major credit cards.
ART. 23 HOSPITALITY AND SOCIAL EVENTS
(1) The Organiser shall arrange for a welcoming committee to be on duty during the arrival period at the official and other hotels to ensure that invited persons and teams are assigned to rooms and presented with details of the Competition and their appropriate identification cards.
(2) The Organiser shall arrange social events appropriate to a World Competition. These shall, at minimum, include an opening ceremony and reception, an IWSF Hall of Fame ceremony (if the IWSF so directs), a closing and hand-over ceremony and a final awards banquet.
(3) The Organiser shall procure that the members of the Executive Board, the relevant World Council and appointed officials together with their respective spouses will have seats reserved at the final awards banquet.
ART. 24 IWSF MEETINGS
If the IWSF so directs, the Competition shall be the site of the principal meetings of the IWSF and the Organiser will organise facilities for the following meetings where applicable:
· IWSF Congress 150 people
· IWSF Executive Board 20 people - 2 to 3 days
· IWSF Councils/Commissions 12 people - 1 to 2 days
· Jury Meetings (Hotel and tournament site)
ART. 25 ADDITIONAL HOUSING PERIODS
The Organiser shall, if the IWSF directs, arrange for additional periods of housing at the official hotel to be provided for the following people for the following periods:
· Chairman of the applicable Council, Chief Judge, Assistant Chief Judge, Calculator and Homologator - a maximum of four days before the official start of the Competition.
· Applicable Council (9) and Executive Board (20) - a maximum of two days preceding or following the Competition.
ART. 26 ORGANISATION
The Organiser is responsible for selecting an Organising Committee Chairman. The Organiser shall send copies of minutes of all meetings related to the organising of the Competition to the Headquarters and the applicable Council Chairman no later than 30 days after each such meeting.
ART. 27 RECOMMENDATIONS
(1) The Organiser should set aside a Grandstand section for the use of competitors and team officials.
(2) The cost of tickets for the final night banquet shall be kept as low as possible and in any case should not exceed CHF 100.
(3) The Organiser should not charge accommodation for the spouses of invited dignitaries and officials. This shall be notified in writing to the President and Secretary General no later than 120 days prior to the competition.
(4) The Organiser should provide a mini-bus with driver for the use of the Executive Board.
(5) Inductees to the Hall of Fame and their immediate families be invited to all the appropriate social functions.
(6) All bulletins (Art. 20) shall be in English, French and Spanish.
(7) A travel service desk, for local and return airline reservations, etc., shall be located in the hotel.
(8) Try to host all persons mentioned in Art. 17 and 18 in the same hotel and/or hotels in walking distance where possible.
ART. 28 FLAGS AND PLACARDS
The cost of flags and placards required for ceremonies will be the responsibility of the Organiser.
ART. 29 EXCEPTIONS AND AMENDMENTS
(1) Where the Organiser is unable or unwilling to comply with any part of this Agreement and the exceptions are acceptable to the President, such exceptions shall be listed in Schedule 7 of the Agreement. After a bid is approved by the IWSF, no changes other than those listed in this document will be allowed.
(2) The IWSF reserves the right to amend the signed Agreement at any time providing there are no increased costs for the Organiser.
(3) Any amendment to the Entry Fees (Art. 9) shall require the approval of the relevant Council.
ART. 30 TERMINATION
(1) This Agreement may be terminated by either party by written notice to the other if the other is in material breach of any term or condition of this Agreement and has failed (in the case of a breach capable of being remedied) to remedy the breach within 14 days of a written request to remedy the same.
(2) This Agreement may be terminated by one party forthwith if in respect of the other (“the
Insolvent Party”):
a) a meeting is convened of its creditors or a proposal is made for a voluntary arrangement or a proposal for any other composition, scheme or arrangement with its creditors is made; or
b) the Insolvent Party is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986; or
c) a trustee, receiver, administrative receiver or similar officer is appointed in respect of all or any part of the Insolvent Party’s business or assets; or
d) a petition is presented for the Insolvent Party’s winding-up or a meeting is convened to pass a resolution for winding-up or for the making of an administration order (otherwise than for the purposes of amalgamation or reconstruction); or
e) the Insolvent Party ceases, or threatens to cease, to carry out its business.
(3) The Insolvent Party shall notify the other forthwith if any of the events in Art. 30 (2) occurs or if it anticipates that one is likely to occur.
(4) Termination by the Organiser shall result in the forfeiture by the Organiser of the Performance Guarantee. In such case the Executive Board may impose a fine on the Organiser to recover contractual losses or additional expenditure incurred by the IWSF arising from termination.
(5) Termination, howsoever or whenever occasioned, shall be without prejudice to any rights and remedies a party may have under this Agreement or a law and shall not affect any accrued rights or liabilities of either party.
ART. 31 GENERAL
(1) Neither party may assign or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other.
(2) It is hereby agreed that nothing herein contained is intended to or shall constitute any partnership or agency between the parties hereto or any of them and no party shall have authority to bind the other in any way.
(3) Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of that party’s rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice that party’s rights to take subsequent action.
(4) IWSF shall not be liable for the death of or injury to or for any loss or damage suffered by any person from time to time in any place on the Site pursuant to this Agreement in whatever capacity.
ART. 32 GOVERNING LAW
This Agreement shall be governed and construed in accordance with the Laws of England.
AS WITNESS the hands of the duly authorised officers of the parties on the date first before written
SIGNED by
RICARDO CAILLAUX / JUAN CARLOS CUGLIEVAN
PRESIDENT / VICEPRESIDENT
PERUVIAN WATERSKI FEDERATION
FEDERACIÓN PERUANA DE ESQUÍ ACUÁTICO
for and on behalf of THE ORGANISER )
SIGNED by )
)
for and on behalf of the IWSF )
)
SIGNED by )
)
IWSF COUNCIL CHAIRMAN )
)
SCHEDULE 1
SANCTION FEES FOR TOURNAMENT WORLD TITLE COMPETITIONS
Amounts in Swiss Francs
|
Div. /Event |
Open World Championship |
Junior World Championship |
-21 World Championship |
Senior World Championship* |
Senior Trophy* |
|
Tournament |
100.000 |
18.000 |
18.000
|
|
5.000 |
|
Ski Flying |
10.000 |
|
|
|
|
Notes:
World Cup Sanction Fees: CHF 5.000 per stop.
SCHEDULE 2
GUIDELINES FOR PROTOCOL, CEREMONIES, CLOTHING
AND PUBLICITY
1. PROTOCOL
The Organiser accepts that the date, time, place and format of all ceremonies must be approved by the President or his duly appointed representative and that the Organiser will consult with the IWSF in good time before any ceremony about its date, time, place and format.
2. OPENING CEREMONY
2.1 The Organiser undertakes that it will provide rostrum or reviewing property for the President or his duly appointed representative (as the case may be), the Secretary General of the IWSF, the Chairman of the applicable Council, the President and Secretary General of the host Confederation, the President of the host Federation, the President of the Organising Committee and for those dignitaries invited by mutual agreement between the IWSF and the Organiser and including such persons as IOC members, politicians, government officials, sponsors, former medal winners from the host delegation etc. The Organiser undertakes that if reasonably practical the other members of the Executive Board (with preference to the members from the host Confederation) shall also have priority.
2.2 The Organiser undertakes that:
2.2.1 if a parade of athletes is held then the teams will march in alphabetical order (in the language of the host Federation) led by the IWSF flag, except that the team from the host Federation will be last;
2.2.2 if a ski parade is held then the flags will be in order as above with the ranking going from left to right behind each boat;
2.2.3 if reasonably practicable the final boat shall pull a single flag which shall be that of the host delegation;
2.2.4 each team shall wear their official uniforms (either formal or athletic as determined by the format and location) and will follow and/or assemble behind their delegations flag and identifying placard (both of which shall be supplied by the Organiser).
2.3 At the completion of the parade the President of the Organising Committee will say: “Honoured guests, athletes, ladies and gentlemen (or suitable substitute) I have the great pleasure to welcome the President (or the title of his duly appointed representative as the case may be) of the IWSF.
The President of the IWSF (or his duly appointed representative as the case may be) will deliver a short speech of welcome ending with : “I now have the honour to invite ( ) to officially open the Championship”.
No more than 2 dignitaries will speak for a maximum of 3 minutes each. The selected dignitaries will make some brief remarks, after which he or she will be requested to say: “I now declare the World Championships open. Let the competition begin.”.
At that moment the anthem of the host nation will be played, while the host nation and IWSF flags are raised.
Then a skier of the host nation will take the athlete’s oath by raising his or her right hand and saying:
"On behalf of the athletes I promise we will participate in this 2008 JUNIOR WORLD (championships) with respect for the Rules and our fellow competitors in order to exalt the glory of sport and the honour of our teams and in accordance with the Olympic Spirit."
In the same way a Judge of the host nation will say: "On behalf of the Judges and Officials, I promise we will perform our duties at this 2008 JUNIOR WORLD (championships) by respecting the Rules and being impartial and honest in our decisions in order to exalt the glory of sport and in accordance with the Olympic Spirit."
The President of the Organising Committee may make a few brief remarks and announce that the opening ceremony has been completed.
3. MEDAL CEREMONY
3.1 Medal ceremonies for each of the Events will take place at the site of the respective Event. The President (or his duly appointed representative as the case may be) shall decide who shall present the medals for the Events. Medals may be presented by the President himself, the appropriate Council Chairman or by members of the Executive Board. The President (or his duly appointed representative as the case may be) may select other persons as presenters.
3.2 The Organiser undertakes skiers will follow the guidelines on clothing extracted from the Bye-laws of the IOC and attached to this Schedule.
3.3 The Organiser shall procure that:
3.3.1 the winner will be in the centre of the podium with second on the left and third on the right (when facing the podium).
3.3.2 skiers will be called to the podium and presentation made in the order – third, second, first.
3.3.3 after the three medals have been awarded a short version of the anthem of the winner’s delegation will be played.
3.3.4 during the playing of the anthem the flags of the medal winners’ delegations will be raised.
3.4 The Organiser will use it best endeavours to make sure that the IWSF Bye law concerning clothing for athletes is followed. This article reads as follows:
4. CLOSING CEREMONY
4.1 The closing ceremony will take place at the banquet. The awards and trophies may be presented either prior to the dinner or immediately after.
4.2 If there is /are a head table/tables it/they will include along with their spouses:
The President (or his duly appointed representative as the case may be)
The Secretary General of the IWSF
The Executive Director of the IWSF
The President of the host Confederation
The Secretary General of the host Confederation
The IWSF Vice-President of the host Confederation
The Chairman of the applicable Council
The President of the host Federation
The President of the Organising Committee
The Chief Judge
Important guest(s)
One male and one female athlete representative from the host Federation
Reserved seating for the remaining members of the Executive Board and their spouses should be at a table/tables next to or near the head table/tables.
4.3 During the distribution of the awards, short speeches may be made by the President(or his duly appointed representative as the case may be), the President of the Organising Committee (or President of the host Federation) and the most important or highest ranking dignitary present.
No awards or presentations to skiers or officials shall be made other than trophies or medals unless approved by the IWSF.
4.4 At the end of the ceremony the President (or his duly appointed representative as the case may be) should announce the location of and invitation to attend the next applicable