THE EUROPEAN 7's CHAMPIONS TROPHY- PARTICIPATION AGREEMENT
Whereas_______________________________ (the "Club")has been nominated by
the ________________________________ (the "Participating Union") to participate in the "Tournament".
Whereas participation in the Tournament brings many benefits to the Club, including heightened public profile and sporting competition of the highest quality:
Whereas the Host Union and the Company will meet the costs of the Tournament as described within this Participation Agreement:
NOW, THEREFORE, in order for the Host Union and the Company to accept the Club's nomination by the Participating Union and to allow the Club to participate in the Tournament, the Club hereby makes the following undertakings to the Host Union and the Company:
Acknowledgement of and Commitment to be Bound by the Terms and Conditions
1.1 This Participation Agreement sets out the terms and conditions of participation in the Tournament (the "Terms and Conditions").For these purposes, the term "Participation Agreement"means this document and the entire Tournament manual. The term ‘Host Union’ shall in certain circumstances include obligations to or decisions made by or actions taken by; either of or all of the Host Union, the Company and FIRA acting in accordance with the Host Union Agreement.
1.2 The Club acknowledges that it has received a copy of the Terms and Conditions.
1.3 The Club accepts and agrees to be bound by, to observe and to comply with:
1.3.1 all of the decisions and actions that the Host Union is empowered to take of the decisions and actions that a disciplinary authority appointed pursuant to the Disciplinary Rules is empowered to take under those Rules; and
1.3.2 disciplinary authority appointed pursuant to the Anti-Doping Programme is empowered to take under that programme.
1.4 The Club undertakes:
1.4.1 to procure that each of its players, as well as each of its directors, officers, members, employees and members of staff involved in any way in the Club's observe and to comply with the Terms and Conditions;
1.4.2 to advise each such person that his or her involvement in the Club s participation in the Tournament shall be deemed to be definitive proof of his or her acknowledgement and acceptance of the Terms and Conditions;
1.4.3 to execute and return this Participation Agreement to the Host Union on or before 1 June 20012; and
1.4.4 to procure that each of its players complies with the Terms and Conditions of the Anti-Doping Programme
1.5 No Club should participate in this Tournament, unless it accepts the terms and conditions of this Participation Agreement. For the avoidance of doubts, participation in the Tournament shall be deemed to signify such acceptance and agreement.
Save for any benefit expressly accruing under this Participation Agreement to the winner of the Tournament (for which none is planned for 2008), the Club and the Participating Union shall not benefit from any proceeds from the Commercial Programme.
2.1 The Participating Union or the Club shall be responsible for all transport costs incurred by the Club up and until arriving at one of the designated airports as described in the Tournament manual
2.2 The Host Union shall be responsible for:
2.2.1 all Tournament costs,
2.2.2 all reasonable accommodation, internal transport and subsistence costs of the clubs which shall be paid directly by the Host Union
3.1 In addition to the Terms and Conditions, The Tournament shall be played in accordance with the IRB Regulations Relating to The Game, to the extent that a matter dealt with in those regulations is not specifically provided for in the Terms and Conditions.
3.2 English is the official language of The Tournament Manual. The Participation Agreement, at the discretion of the Host Union, will be translated into other languages. For The avoidance of doubt, however, in The event of any discrepancy between the different versions of a document, the English language version shall govern.
3.3 Where a matter arises for which provision has not been made in this Participation Agreement, then the Host Union shall provide for the matter as it shall see fit. In addition, the Host Union may amend the Terms and Conditions from time to time as it shall see fit. However, such amendment(s) shall only come into effect and bind the Clubs (and their respective players, directors, officers, members, employees and members of staff) if the Club has consented to the amendments. Provided that a Club has not advised the Host Union in writing, within three business days of receipt from the Host Union of written notification of the amendments, that the Club does not consent; and provided further that a Club may not unreasonably withhold its consent then it will have been deemed to consent to the amendment(s). For purposes of this clause, a Club shall be deemed to have received written notification of the amendment(s) from the Host Union (a) if sent by fax or e-mail, on the business day such fax or e-mail is sent; and (b) if sent by post three business days after The business day upon which the notification is posted to the Club
3.4 If the Host Union decides to notify all or any part of the Terms and Conditions to a regulatory authority and/or a regulatory authority decides to investigate the Terms and Conditions or any other aspect of the Tournament, the Club shall at its own cost co-operate in connection with such notification or investigation.
3.5 A ruling by a competent authority that any provision of the Terms and Conditions is invalid does not affect the Terms and Conditions as a whole. Instead, such provision shall be replaced by the Host Union with a valid and enforceable replacement provision as close as possible in effect to the replaced provision.
3.6 Nothing in the Terms and Conditions shall be construed as constituting or creating a partnership, relationship of agency or joint venture between the Host Union and/or the Club or any other party. The Club shall not hold itself out as the agent or representative of the Tournament capable of binding the Tournament in any manner whatsoever.
3.7 No waiver of any part of the Terms and Conditions or of any rights or remedies in respect of any breach of any part of the Terms and Conditions shall be treated as a waiver of any other part of the Terms and Conditions or a future waiver of the same part of the Terms and Conditions or as a waiver of rights and remedies in respect of any other breach of any part of the Terms and Conditions or any later breach of the same part of the Terms and Conditions.
3.8 Any communications required to be made by the Club to Host Union or the Company or FIRA under the Terms and Conditions shall, unless otherwise specified by the Host Union, shall be made to:
The Rugby Union of Russia, Attn: The Tournament Director
And FIRA, Attn:
And in respect of commercial matters copied to the Company (to be advised by the Host Union)
3.9 The Participation Agreement shall be governed by and construed in accordance with the laws of the Russia, without regard to the conflict of law principles thereof
3.10 The Club acknowledges that the Terms and Conditions provide for various disputes arising within the Tournament and these shall be addressed in accordance with the Disciplinary Rules. Any other disputes arising in connection with the Tournament shall be referred to the Tournament Director of the Host Union, who may deal with the matter as he sees fit, including (where he deems it appropriate) referring the matter to the board of directors of the Host Union and/or FIRA, in which case the decision of the board on the matter shall be final and binding on all of the parties to the dispute
3.11 Strictly subject to the provisions of clause 3 .10 above, the Club submits to the exclusive jurisdiction of the courts of the Russia with respect to any matter arising in relation to this Participation Agreement
Unless terminated earlier pursuant to clause 4 2, below, the Participation Agreement shall terminate thirty days after the Tournament.
In the event of a material breach by the Club of any part of the Terms and Conditions, then without prejudice to the right to compensation and any other rights that the Host Union, the Company or FIRA may have, if such breach is not cured within 3 days outside of the Tournament after notification in writing, or if during the Tournament within any reasonable verbal deadline set by the Tournament director; then the Host Union may terminate the Participation Agreement and expel the Club from the Tournament with immediate effect.
The Club shall indemnify and hold the Host Union, FIRA and the Company harmless with respect to any loss or expense suffered by the Host Union of any kind whatsoever resulting, directly or indirectly, from a failure by The Club to comply with any of the Terms and Conditions, save where such failure is caused solely as a result of compliance by the Club with any national or local law.
The indemnity granted pursuant to clause 5.1, above, shall survive the termination of this Participation Agreement.
The Host Union, FIRA and the Club acknowledge that the sporting and financial success of the Tournament depends upon compliance by all Parties and by each Club with not only the letter but also the spirit of the Terms and Conditions. The Host Union, FIRA and the Club therefore undertakes to comply not only with the letter but also with the spirit of the Terms and Conditions, and furthermore to provide all reasonable cooperation and assistance required by the Host Union in the running of the Tournament in accordance with the Terms and Conditions.
Signed for and on behalf of the Club by the following duly authorised representatives of the Club
Signing in my capacity as a duly authorised representative of the Club