USA RUGBY EVENT SANCTION AGREEMENT

Transcription

1 USA RUGBY EVENT SANCTION AGREEMENT This agreement, entered into and between USA Rugby and (name of Local Organizing Group/Club) shall be a part of the Sanction Agreement for the Event known as (name of event) and being held on (date or dates of the event) at the place and venue of (city, state and name of venue). Please carefully read the entire agreement before agreeing to these terms. In all cases, an authorized representative of the Local Organizing Group/Club shall execute and approve this Event Sanction Agreement on behalf of the Local Organizing Group/Club, and shall be authorized to do so on their behalf. By agreeing to these terms, you are warranting that your Event shall meet the minimum event sanction requirements as outlined in the Event Sanction Agreement. This Event Sanction Agreement (this "Agreement") is made between the following entities: United States Rugby Football Union, Ltd., dba: USA Rugby and the Event promoter(s) or director(s) identified in the attached sanction application, and all other persons or entities connected with the production of the Event and appearing as signatories to this Agreement. In consideration of the mutual concerns and promises set forth below, the adequacy of which is hereby acknowledged, USA Rugby and the Local Organizing Group/Club agree as follows: 1. Event Administration: Local Organizing Group/Club agrees, covenants, warrants and represents that Local Organizing Group/Club shall: A. Ensure that the Event complies with all of USA Rugby's safety requirements and guidelines, rules, regulations, policies, directives, decisions and all procedures set forth by USA Rugby are in effect at the time of the Event. B. Confirm that all participating clubs and all participating participants, including athletes, coaches, referees and officials are CIPP registered with USA Rugby. C. Reserve or obtain permission and all applicable permits from local jurisdictions for the use of fields, venues, facilities, etc. D. Conduct the Event in accordance with the current competitive rules as specified in the applicable USA Rugby rulebook or the IRB rules. E. Accept full responsibility for the management of this Event and any parties it employs, recruits and contracts with to assist with the production of said Event, including but not limited to, the supervision of paid and non-paid employees and volunteers. Local Organizing Group/Club is solely responsible for complying with all applicable statutes, rules and regulations. Local Organizing Group/Club shall provide to USA Rugby all Event permits, certificates, contracts and other similar documents or agreements upon request and within a reasonable time. 2. Safety Guidelines: Local Organizing Group/Club agrees to meet all safety requirements as specified in the USA Rugby safety guidelines or otherwise established by USA Rugby are in effect at the time of the Event. Local Organizing Group/Club acknowledges that safety considerations may require that additional precautions or measures be taken beyond the minimum requirements established by USA Rugby, and Local Organizing Group/Club agrees to determine (in its sole discretion) and implement such reasonable measures to promote and conduct the Event in a safe manner. The Local Organizing Group/Club shall identify a safety director or coordinator in addition to such other personnel as may be required to carry out the event administration duties.

2 3. Financial Responsibilities: Local Organizing Group/Club is responsible for all costs incurred in association with the Event. 4. Sanction Application: Local Organizing Group/ Club shall complete and submit all information needed to complete the Event sanction application and approval process at least four weeks prior to event date. Local Organizing Group/Club warrants that all of the minimum event sanctioning requirements for USA Rugby shall be complied with, that all material changes to an already submitted sanction application shall be submitted in writing and that all other changes shall be communicated to USA Rugby prior to the start of the Event. Falsifying, concealing or misrepresenting information in the Event sanction application to USA Rugby may result in either voiding or reducing the applicable insurance coverage made available to Local Organizing Group/Club with respect to the Event. 5. Membership and Waiver and Release Requirements: Local Organizing Group/Club shall confirm that all participants (including athletes, coaches, officials and referees) shall be members in good standing with USA Rugby and shall ensure that all participants have completed the required USA Rugby membership forms, signed the mandatory waivers and release forms, and paid the mandatory membership fees. For those persons who are not legally competent by virtue of age (i.e. a minor under eighteen (18) years of age) or mental incapacity (i.e. a mentally challenged person) to sign the required USA Rugby membership and participant waiver forms, the Local Organizing Group/Club shall ensure that a qualified parent or legal guardian completes and signs the required forms on behalf of such individuals before the Local Organizing Group/Club allows these individuals to participate in the Event. 6. Insurance: As part of sanctioning, USA Rugby's General Liability and Participant provides coverage for the protection and benefit of its Event Organizers, clubs, associations, sport disciplines, divisions and individual members in connection with USA Rugby-sanctioned events. Upon approval of sanctioning, General Liability certificates of insurance can be requested through the USA Rugby website under the insurance tab. USA Rugby is not acting as an insurer or insurance agent. Local Organizing Group/Club shall be bound by the written terms of the insurance policy and certificates of insurance. The insurance provided by USA Rugby as part of the sanctioning is not all inclusive, and coverage is subject to the terms, conditions and exclusions of the policies. Local Organizing Group/Club is solely responsible for and shall determine the necessity of purchasing additional insurance policies and/or limits of coverage appropriate for the Event. Insurance is a benefit of sanctioning, and exclusion, separation or division cannot be made for either. Any non-traditional events, or any ancillary activities, functions or events in association with the Event, shall not be covered by USA Rugby insurance unless such nontraditional events, activities, functions or events have been disclosed and prior approval has been granted by USA Rugby (and the applicable insurance underwriters, as appropriate). Local Organizing Group/Club shall be responsible to assume any and all costs not covered by USA Rugby insurance. Sale of alcohol at Tournament is not covered by USA Rugby insurance and liquor liability coverage shall be obtained elsewhere prior to receiving sanction approval. Local Organizing Club shall notify USA Rugby if alcohol shall be sold or distributed at the Tournament and shall be solely responsible for compliance with any and all applicable laws and shall be solely responsible for obtaining any liquor licenses and/or permits. 7. Incident reporting/management: Local Organizing Group/Club shall promptly report all incidences and claims in accordance with the guidelines set forth in the Incident Reporting Procedures and Instructions located on the USA Rugby website. Local Organizing Group/Club

3 should have "incident reports" on hand during the Event, and make every attempt to obtain witness statements as soon as practical. 8. Legal Claims and Event Records: Local Organizing Group/Club hereby covenants and agrees to cooperate in good faith with USA Rugby and its agents in the event of any claims or other legal actions arising out of the Event; to maintain all business records for the Event for a period of at least seven (7) years after the Event; and to provide USA Rugby access to such records. Business records include, but are not limited to, participant waiver and release forms, facility use agreements, agency permits/documents, vendor certificates of insurance and accounting records. All records of incidences at the Event including incident reports and policy reports shall be kept for a minimum of seven (7) years. 9. Advertising. The Local Organizing Club (LOC) may advertise the Tournament as USAR sanctioned, following the guidelines of the limited use of USAR trademark found under section ten (10) of this Agreement. Included in the price of sanctioning, USAR shall advertise the Tournament on its website calendar. Local Organizing Club may display USAR banners and may advertise that the Tournament is sanctioned by USAR upon receiving written notice of approval from USAR. The LOC shall not use the terms 'National Championship,' "National Rugby Championship,' 'U.S. Championship,' 'USA Championship,' or 'American Championship' in the event title, descriptions, press releases, electronic and social media content, or other communications, promotion, or publicity. 10. Limited Use of USAR Trademark. Local Organizing Club shall not use the USAR logo in such a way as to imply that USAR is a sponsor. 11. Media Release. Local Organizing Club hereby agrees to give USAR and its authorized agents the right to use the Local Organizing Club and Tournament names on any written, photographic, audio or videotaped materials relating to the Tournament for advertising, promotional, commercial, educational or other purposes, and Local Organizing Club hereby waives any right to additional consideration or compensation with respect to any such use. Local Organizing Club is prohibited from making any public/formal statements regarding an incident at the Tournament, but instead the Local Organizing Club should direct questions from the media or others to USAR's Executive Director or to USAR's Communications Director for comment. 12. Right to Terminate: USA Rugby may provide written notice (via or U.S. mail) of its intent to terminate the Event's sanction at any time if the Local Organizing Group/Club fails to comply with any of the terms of this Agreement or any other USA Rugby requirements. 13. Probation/Sanction Refusal: USA Rugby has the right to impose probation or other penalties of sanction if there is reasonable evidence of Local Organizing Group/Club's failure to meet minimum sanctioning requirements, or for outstanding monies owed to USA Rugby or its affiliates, or for safety concerns, or for any other reason(s) that may apply. 14. Indemnification: Local Organizing Group/Clubs and the entities responsible for the promotion or administration of the Event, hereby, jointly and severally, indemnifies and agrees to defend and hold harmless USA Rugby, its Associations, Sport Disciplines and Divisions, and each of their respective officers, directors, employees, volunteers and agents (collectively, the "USA Rugby parties") for and against any and all claims, liabilities, demands, obligations, damages, costs of litigation, attorney's fees or other expenses related to or arising out of the organization or conduct of an Event that does not meet the minimum sanctioning requirements outlined in this Agreement. Local Organizing Group/Club HEREBY WAIVES, RELEASES, AND FOREVER

4 DISCHARGES USA Rugby Parties from any and all claims, causes of action, damages and losses arising out of the Local Organizing Organization/Club's breach or failure to abide by any part of this Sanction Agreement. 15. No Agency: Local Organizing Group/Club is not the agent of USA Rugby. There is no intent to create an agency, partnership or joint venture relationship between USA Rugby and Local Organizing Group/Club of the Event. It is understood that Local Organizing Group/Club is not employed by USA Rugby, and therefore USA Rugby shall not provide Workers' Compensation coverage or any other benefits that would be provided to USA Rugby employees. 16. Modification: This agreement represents the entire agreement between both parties with respect to the sanctioning of the Event. No modification or amendment of this Agreement or waiver of any provision of this Agreement shall be valid unless it is set forth in writing and signed by all parties to this Agreement. Local Organizing Group/Club shall not modify nor shall Local Organizing Group/Club allow anyone, including participants, to modify any other USA Rugby documents, including, but not limited to the athlete's participant Wavier and Release of Liability form. 17. Severability: If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provision. 18. Venue and Jurisdiction: It is agreed in the event of dispute, the sole venue and jurisdiction relative to this Agreement shall be in the County of Boulder, State of Colorado. All applicable law relative to the agreement shall be construed under Colorado law. 19. Force Majeure: No party shall be liable for failure to comply with any of the terms or conditions of this Agreement when such failure to comply has been caused by fire, war, insurrection, terrorism, government restrictions, natural disasters, weather, or acts of God beyond the reasonable control of the parties, provided the party so affected gives prompt notice to the other. 20. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21. Headings: The sections and other heading contained in this agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of the Agreement. WHEREFORE, intending to be legally bound by the terms hereof, the Local Organizing Group/Club has agreed to the terms of this Agreement on the date as indicated by his/her/its approval of this Agreement. WHEREFORE, by the Local Organizing Group/Club voluntarily agreeing to these terms, Local Organizing Group/Club warrants understanding and acceptance of all terms and conditions of this Agreement. This Agreement and its benefits are not transferable.

5 AGREED TO AND BY: USA Rugby signature Local Organizing Group/Club signature Printed Name Printed Name Date Date Please print this form and provide a handwritten signature in the allotted field above. EVENT IS NOT CONSIDERED APPROVED AND/OR SANCTIONED UNTIL THIS SANCTION AGREEMENT AND APPLICABLE APPLICATION IS APPROVED BY USA RUGBY AND SIGNED DOCUMENTS ARE RECEIVED IN THE USA RUGBY BOULDER, COLORADO HEADQUARTERS.

6 USA Rugby Tournament Sanction Application Applications are to be submitted four weeks in advance of an event seeking sacntion THIS FORM MUST BE COMPLETED IN ITS ENTIRETY Incomplete Applications Will Be Returned To Sender Return this form to USA Rugby s National Office via sanctions@usarugby.org or Fax to Attn: Tournament Sanctioning. Please direct any inquiries to sanctions@usarugby.org. Local SRO/College Conference/Union: Tournament Name: Tournament Location: Address: City: State: Zip: Time: on the day(s) of 20 Sponsoring Organization: Tournament Director: Contact Phone: ( ) - Tournament Competition: Seven-a-side Fifteen-a-side Competition Level: Youth (Contact) High School College Senior Registration for this event will close on (choose one of the following three options): Calendar Date (mm/dd): Day of Event Registration Closed USA Rugby must be notified of the participating clubs in an attached listing. Clubs may be added or removed to the initial listing by ing sanctions@usarugby.org. Applications unaccompanied by a signed Event Sanction Agreement and a club listing will be returned. Applications submitted within four weeks of an event seeking sanction incur an expedite fee. DO NOT WRITE BELOW THIS LINE FOR USA RUGBY USE ONLY Approved/Rejected (Circle One) Signed: Date: USA Rugby Official: Sanction Number: Additional Comments: USA Rugby