Solved by a verified expert:SPORT CONTRACT[INSERT STUDENT NAME AND LOGOOF SPONSOR AS APPROPRIATE]Contract prepared by:Olympus SportManagement GroupVersion 2Olympus SportManagement Group KEY TERMSDATED2013SPONSOR’S CONTRACTBETWEEN[INSERT NAME OF NATIONAL SPORTING ORGANISATION] [INSERT LEGAL DESCRIPTION EG. INCORPORATEDSOCIETY AND ADDRESS OF REGISTERED OFFICE ] (We or Us)AND[INSERT STUDENTS FULL NAME] (You)Congratulations! We are delighted to appoint You to [insert reason for appointment whether to a squad, for an event, fora series of events or simply to be a contracted official of the Sponsor]. This Contract sets out the terms and conditions thatYou accept as a condition of your appointment. This Contract includes the Key Terms, the Standard Terms and Conditions andthe Schedules attached.1.TERMThis Contract commences on the day that it is signed (Commencement Date) and will continue until:1.11.22.[Insert Day, Month and Year that the Contract terminates on]; orit is terminated in accordance with the provisions of this Contract.SPECIFIC REQUIREMENTSYou agree to meet the following specific requirements during the Term[please insert below details of any specific events oractivities that the student (you) is required to attend (if selected) or any other requirements specific to the Sponsornot already covered in the Standard Terms and Conditions for the 2016 Rio Olympics:RequirementDetailDates (if relevant)(Specific Requirement Schedule)3.OTHER SPECIAL CONDITIONS3.1[Insert any special conditions here. Is the Sponsor required to have any specific insurance cover?Is the Sponsor required to lodge expense claims by a particular date each month? Matters specific to theparticular Sponsor should be dealt with here. If there are no special conditions this clause can be deleted.]4.ADDRESSES FOR NOTICESAddress for Notices to Us:Address for Notices to You:Contact Name: [insert]Contact Name: [insert]Fax Number: [insert]Fax Number: [insert]Physical Address: [insert]Physical Address: [insert]Mailing Address: [insert]Mailing Address: [insert]Version 2 Key Terms5.EXECUTIONSIGNED for and on behalf of [INSERT NAME OF NSO AS APPROPRIATE]by:SignatureName/TitleWitness:Signature of witnessFull name of witnessOccupation of witnessAddress of witnessSIGNED by:SignatureFull name of SponsorWitness:Signature of witnessFull name of witnessOccupation of witnessAddress of witnessVersion 22 Standard Terms and Conditions3STANDARD TERMS AND CONDITIONSELIGIBILITY1.1General Eligibility: By signing this Contract You declare that, as at the date ofthis Contract, You meet, and You undertake that, for the Term of this ContractYou will continue to meet, the following general eligibility requirements:(a)You are a resident of New Zealand; and(b)You are not currently disqualified or suspended under the Rules.1.2Eligibility for Selection:(a)Notwithstanding your appointment under this Contract You acknowledgethat You may be required to meet the Selection Criteria in order to beselected to represent Us for a specific event or otherwise during theTerm.(b)You acknowledge that We may, in our absolute discretion, determine theSelection Criteria for any event or otherwise during the Term.(c)You acknowledge that your entry into this Contract does not create anobligation on Us to select You for any event or otherwise.YOUR OBLIGATIONSFor the Term of the Contract You will meet the following obligations.1.3Best Possible Condition: You will be available to officiate in the Sport to thebest of your ability.1.4Specific Requirements: You will meet all Specific Requirements in accordancewith the Specific Requirement Schedule set out in the Key Terms of thisContract.1.5Disclose Change in Circumstance: You will disclose to Us any change incircumstances, which could or will affect the declarations You made in clause1.1 or which could or will affect your ability to meet your obligations under theseStandard Terms and Conditions. Such disclosure should be made immediatelyupon You becoming aware of such changed circumstances. You acknowledgethat We may terminate this Contract if any requirements under this Contract arenot satisfied as a result of such change in circumstances.1.6Olympic Charter: You will comply with rule 41 of the Olympic Charter in thatYou will:(a)respect the spirit of fair play and non violence, and behave accordingly;and(b)respect and comply in all respects with the World Anti-Doping AuthorityCode.1.7Personal Conduct: You will conduct yourself in a manner so as not to bringYou, Us or the Sport into public disrepute.1.8Wear Uniform or Apparel: You will wear any official uniform or other apparelsupplied by Us as reasonably required by Us.1.9Authorised Use of Equipment Only: You will use any equipment supplied byUs only when expressly authorised by Us to do so, and at no other times.1.10 Not Bet: You will not bet or accept, give or be involved in any way in anyinducement or bribe in relation to your involvement in any event in which Youare officiating, while engaged by Us.1.11 Comply with Requirements: You will comply with our constitution, by-laws,regulations, protocols, the Rules and the Policies and Procedures (as amendedfrom time to time), if any.1.12 Our Reasonable Directions: You will co-operate and comply with allreasonable directions given by Us.1.13 Co-operate: You will co-operate, to the greatest extent possible, with all otherofficials, athletes and persons affiliated with Us.1.14 Retirement: You will advise Us in writing a reasonable time before publiclyannouncing your retirement from the Sport where applicable.1.15 Costs Due to Termination: You agree to be liable for any expenses (includingtravel and accommodation related costs) incurred by Us as a result of yourtermination of this Contract in accordance with clause 10 of this Contract or as aresult of our termination of this Contract in accordance with clause 12.1 or 12.3of this Contract.OUR OBLIGATIONSFor the Term of the Contract We will meet the following obligations.1.16 Administrative Support: Where reasonable, we will provide administrativesupport to You to support you to meet your obligations under this Contract.1.17 Access to Facilities: We will provide You with access to our facilities asconsidered appropriate by Us.1.18 Uniforms etc: We will make available to You uniforms, competition apparel,other items of clothing and equipment as considered appropriate by Us.MEDIA1.19 Organise Media Contact: You acknowledge that We may organise, make andarrange any media contact or exposure on your behalf that We considerappropriate.1.20 Availability: You will make yourself available for any media contact orexposure arranged by Us and will be prepared to answer questions, makecomments and participate in promotional activities at our reasonable request.We will cover your pre-agreed travel and accommodation costs for mediaactivities carried out at our request in accordance with the Policies andProcedures or as otherwise agreed between the parties.1.21 Punctuality: You will punctually attend engagements arranged by Us includingappearances in public, on radio or television and You will punctually attendpublic functions organised or supported by Us, when reasonably requested todo so by Us.1.22 No Public Criticism: You will not comment, issue, authorise, offer or endorseany public criticism or statement having or designed to have a prejudicial effecton Us or our interests during the Term.1.23 Interviews: You will not make any arrangements for exclusive mediainterviews, act as a journalist or in any other media capacity or give anyVersion 21.24interview for payment or other reward without our prior written consent. Ourconsent will not be unreasonably withheld.Image: You acknowledge that We may use your name, image and likeness inany format or media We consider appropriate (including print, television, videoand internet) and in connection with any promotional campaigns and otherpublic and media announcements.DOPING1.25 Comply with Doping Requirements: You will comply with all rules,regulations, by-laws, policies and codes of conduct relevant to You and relatingto drugs and doping. Without limiting the foregoing, You will at all times complywith the World Anti-Doping Authority Code, our anti-doping policies, if any, theNew Zealand Sports Drug Agency Act 1994 and any statutory provision whichamends or replaces it, and all Regulations made under that Act.1.26 Right to Terminate: If You are found guilty of an offence connected withdoping We may, in addition to other rights We may have, terminate thisContract immediately.1.27 Obligation to Notify: You must notify Us of any doping case against Youbefore You sign this Contract and must notify Us immediately of any dopingcase involving You that arises during the Term.1.28 Make Public Name and Offence: If You are found guilty of an offenceconnected with doping, We may, in addition to any other rights We may have,make public your name and the offence committed.1.29 Disclosure of Personal Information: You acknowledge that We have theright to disclose to Drug Free Sport New Zealand, or any other relevant dopingauthority, any personal information in relation to You that concerns, or mayconcern, doping.MEDICAL1.30 Injury or Illness: You agree to inform Us immediately of any injury or illnesswhich may impact on your ability to perform your obligations under thisContract.1.31 Testing: You will undertake any physical or medical testing reasonably requiredby Us.1.32 Directions: You agree to comply with all reasonable directions given by Us orour nominee in relation to your fitness.TRAVEL1.33 Arranged by Us: We may organise and pay for your travel, travel insuranceand accommodation from time to time. We will advise You of the times when,and the extent to which, We will do this on your behalf as and when the needarises.1.34 Airpoints: Where You accumulate airpoints from travel paid for by Us, whethernational or international, We may require these airpoints to be credited towardsfuture national or international travel by You under this Contract, or undersubsequent versions of this Contract.1.35 Passport/Visa: You will ensure that your passport is current and that You haveall relevant visas required by any country to which You will travel.1.36 Personal Belongings: You acknowledge, unless otherwise agreed betweenthe parties, that You are responsible for the transportation of all your personalbelongings under this Contract.LIMITATION OF LIABILITY1.37 The NSO: For the purposes of this clause, the term the NSO includes ourmanagement team, our other officials and employees engaged by Us, coaches,medical practitioners, sport scientists and therapists engaged by Us, anyindependent contractor from time to time engaged by Us or any voluntaryworker carrying out duties for Us.1.38 Limitation of Liability: You accept that the NSO will not be liable for:(a)any loss, damage, cost, expense or injury of any kind arising directly orindirectly from any act, neglect or fault (whether negligent or otherwise)on the part of the NSO and connected with your obligations under thisContract unless it arises as a direct result of a deliberate and wrongfulact or omission by the NSO; or(b)any medical testing or treatment conducted on You, or any disciplinary orother action ordered or taken against You by the NSO.INDEMNITY1.39 Indemnity: You agree to indemnify Us against:(a)any claim, suit, actions or proceeding brought against Us as a result of abreach of this Contract by You; and(b)any liability incurred by Us for the deduction or payment of tax inconnection with payments made by Us to You pursuant to this Contract,including the costs of collection of such tax and any other incidentalcosts expenses penalties or claims. We will be entitled to offset anysuch claim from any payments to You in the event that We are assessedfor any such tax.1.40 Costs: You will pay all costs (on a solicitor client basis) incurred by Us inenforcing this Contract.YOUR RIGHT TO END CONTRACTYou may terminate this Contract on giving Us not less than 14 days’ priorwritten notice. In such event clause 12.4 will apply.DISPUTE RESOLUTION1.41 Discussions Between Parties: You will meet with Us and discuss in goodfaith any dispute arising out of this Contract.1.42 Mediation: If the discussions referred to in clause 11.1 fail to resolve thedispute, either party may (by written notice to the other party) require that thedispute be submitted for mediation by a single mediator nominated by the Standard Terms and Conditions4President for the time being of the New Zealand Law Society. In the event ofany submission to mediation:(a)the mediator will not be acting as an expert or as an arbitrator;(b)the mediator will determine the procedure and timetable for themediation; and(c)the parties will share equally the cost of the mediation.Legal Proceedings: Neither party may issue any legal proceedings (other thanfor urgent interlocutory relief) relating to any dispute, unless that party has firsttaken all reasonable steps to comply with clauses 11.1 and 11.2.NOT EMPLOYEE1.53 Not an Employee: You acknowledge that You are not appointed as anemployee under this Contract.1.54 No Claim as Employee: You agree that at no stage either during orsubsequent to the termination of this Contract will You claim that You are orwere our employee.1.55 Acknowledgment of Advice: You acknowledge that You have had anopportunity to seek advice about this Contract and intend this arrangement tobe that of independent contractor.DEFAULT/TERMINATION1.44 Breach: You agree that We may, without prejudice to any other rights orremedies We may have, elect to terminate this Contract by giving notice to Youin writing where You have committed a breach of this Contract and You havefailed to remedy such breach within 3 working days of receiving such noticefrom Us.1.45 Other Consequences: You agree that if You breach any provision of thisContract, We may, in addition to any other rights or remedies We may have, ongiving written notice to You:(a)caution or reprimand You;(b)suspend You from officiating, whether nationally or internationally;(c)withdraw You from officiating, whether nationally or internationally;and/or(d)impose any fine or other penalty or sanction on You, provided this isdone in accordance with the Policies and Procedures and/or the Rules.1.46 Material Breach: You agree that We may, without prejudice to any other rightsor remedies We have, terminate this Contract immediately by notice in writing toYou, if You have committed a material breach of this Contract. For thepurposes of this clause 12.3 a breach of clauses 1.1, 2.2, 2.3, 2.4, 2.5, 2.8, 2.9,4.4, or 5.1 will be deemed to be a material breach.1.47 Consequences of Termination: On termination of this Contract for anyreason:(a)the termination will be without prejudice to either party’s rights andremedies in respect of any breach of this Contract by the other party,where the breach occurred before the termination of this Contract; and(b)termination will not relieve either party from any obligation which isintended to survive termination.YOUR LIABILITIES AS AN INDEPENDENT CONTRACTOR1.56 Goods and Services Tax: If you are registered for GST, You will provide Uswith your GST number.1.57 Insurances: Except to the extent otherwise agreed, You will arrange and beliable for any medical and other insurances including vehicle and third partyinsurance.1.58 Payment of Fines: You are responsible for the payment of any fine for failureto comply with any statute or regulation.1.43APPEALS1.48 Policies and Procedures: You can appeal a decision made under clause 12.2above, in accordance with the Policies and Procedures or, if there are noapplicable Policies and Procedures, then in accordance with clause 11 of theseStandard Terms and Conditions.1.49 Date of Alleged Breach: You acknowledge that the Policies and Proceduresmay change over time and accordingly You agree to be bound by the Policiesand Procedures current as at the date of the alleged breach.CONFIDENTIAL INFORMATIONYou will maintain as confidential at all times, and will not, at any time,directly or indirectly disclose or permit to be disclosed to any person oruse for yourself or use to the detriment of Us, any ConfidentialInformation except:(a)as required by law;(b)as is already or becomes public knowledge, otherwise than as a result ofa breach by You disclosing or using that Confidential Information, of anyprovision of this Contract;(c)as authorised in writing by Us; or(d)to the extent reasonably required by this Contract (and, without limitingthe effect of this clause, You may disclose Confidential Information onlyto those of your professional advisers, on a "need to know" basis, as isreasonably required for the implementation of this Contract).INTELLECTUAL PROPERTYYou acknowledge that We own the Intellectual Property and agree thatYou do not by this Contract and will not otherwise have or acquire anyownership in the Intellectual Property.PRIVACY1.50 Personal Information: You acknowledge that We will need to collect personalinformation from You, including contact details, performance results,sponsorship details and health related information. You acknowledge that Youhave rights of access to, and correction of, this information.1.51 Consent: You consent to Us collecting and storing indefinitely your personalinformation for the purposes set out in this Contract which include:(a)enabling Us to meet our obligations under this Contract;(b)determining whether You are meeting, or able to meet, and ensuring weare supporting you to meet, your obligations under this Contract;(c)enabling Us to contact You;(d)facilitating the promotion of the Sport; and(e)facilitating the promotion of Us.You also consent to Us passing on such information to our sponsors, SPARC,the New Zealand Academy of Sport, and other bodies to which we are affiliatedfor the purposes set out above where applicable.1.52 Health Information: Except as provided in clause 5 of these Standard Termsand Conditions, personal information in relation to your health will only becollected, held and used by Us for the purposes of assessing your ability tomeet, and enabling Us to support You to meet, your obligations under thisContract and will not be passed on to third parties unless We are required bylaw to do so or have obtained your prior express consent.Version 2HEALTH AND SAFETYYou agree to comply with all of our health and safety rules, policies orprocedures. In the event that You fail to comply with our health andsafety rules, policies or procedures, warnings may be given to Youand/or this Contract may be terminated.GENERAL1.59 Notices: All notices and other communications required under this Contractmust be in writing and delivered personally or sent by facsimile transmission tothe address or facsimile numbers agreed between and notified to the parties.1.60 Force Majeure: If a party is unable to perform its obligations under thisContract by reason of riot, fire, storm, Act of God, operation of law or othercause beyond the reasonable control of that party, that party will be releasedfrom its obligations under this Contract for the period of and to the extentaffected by that cause. Nothing in this section shall excuse the payment of anymoney due or which becomes due under this Contract where the obligation topay arose before the occurrence of the event of force majeure.1.61 Waiver: No waiver of any default or potential default on any one occasion willconstitute a waiver of any subsequent or other default or potential default, andno single or partial exercise of any such right, power or privilege will precludethe further or full exercise thereof.1.62 Entire Contract: This Contract constitutes the entire Contract between theparties with respect to the matters dealt with in this Contract, and supersedes allor any prior oral or written understandings, representations or commitments ofany kind. This Contract may only be varied in writing signed on behalf of bothparties.1.63 Severability: Should any part of this Contract be held invalid, the remainder ofthis Contract will continue in force and effect as if the invalid provision had beendeleted, provided however that We may negotiate a valid and enforceableprovision in replacement of the invalid provision.1.64 Governing Law: This Contract and the rights and obligations of You and Usunder it and any dispute in connection with it, shall be governed by andconstrued in all respects in accordance with the laws of New Zealand.DEFINITIONS AND INTERPRETATION1.65 Definitions: In this Contract, unless the context indicates otherwise:Confidential Information means any information (in any form, written,electronic or otherwise):(a)relating to the terms of this Contract;(b)disclosed to You by Us on the express basis that such information isconfidential; or(c)which might reasonably be expected to be confidential in nature,provided that, where information relates exclusively to Us, nothing in thisContract will require Us to maintain confidentiality in respect of thatinformation;Contract means this contract, including these Standard Terms and Conditions,the Key Terms and any Schedules to this contract.Intellectual Property means all trade marks, patents, copyright, domainnames, design rights, rights in inventions, know-how, trade secrets, confidentialinformation and all other intellectual property rights of a similar or correspondingnature relating to Us;Policies and Procedures means our policies and procedures as provided atSchedule A of this Contract or as otherwise advised by Us from time to time;Rules means our rules as applicable from time to time;Selection Criteria means the selection criteria outlined in Schedule B of thisContract or any other selection criteria as advised by Us from time to time;Sport means the sport or sports administered by Us in New Zealand;Term means the term specified in clause 1 of the Key Terms.1.66 Interpretation: In this Contract, unless the context indicates otherwise:(a)Defined Expressions: expressions defined in the Key Terms andStandard Terms and Conditions of this Contract have the definedmeaning throughout this Contract;(b)Headings: section, clause and other headings are for ease of referenceonly and will not affect this Contract’s interpretation;(c)Parties:(i)references to any party include that party’s executors,administrators, successors and permitted assigns;(ii)references to We, Us and our are references to the NationalSporting Organisation;(iii)references to You, your and yourself are references to theOfficial; Standard Terms and Conditions(d)(e)(f)(g)(h)(i)(j)(k)Version 2Persons: references to a person include an individual, company,corporation, partnership, firm, joint venture, association, trust,unincorporated body of persons, governmental or other regulatory body,authority or entity, in each case whether or not having a separate legalidentity;Precedence of Documents: in the event of any inconsistency betweenany of the following, they will have precedence in the descending orderof priority set out below:(i)the Key Terms;(ii)the Schedules attached (if any); and(iii)these Standard Terms and Conditions;Plural and Singular: references to the singular include the plural andvice versa;Clauses: references to clauses are to clauses in this Contract;Statutory Provisions: references to any statutory provision are tostatutory provisions in force in New Zealand and include any statutoryprovision which amends or replaces it, and any by-law, regulation, order,statutory instrument, determination or subordinate legislation madeunder it;Negative Obligations: any obligation not to do anything includes anobligation not to suffer, permit or cause that thing to be done;Inclusive Expressions: the term includes or including (or any similarexpression) is deemed to be followed by the words without limitation;andDocuments: references to any document (however described) arereferences to that document as modified, novated, supplemented, variedor replaced from time to time and in any form, whether on paper or in anelectronic form.5 SCHEDULE A: OUR POLICIES AND PROCEDURESVersion 2 SCHEDULE B: SELECTION CRITERIAVersion 2
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