International Federation of Sport Climbing, Effingerstrasse 1, 3001 Bern, Switzerland
________________, a National Federation of ________________
(hereinafter “Event Organiser”)
(each one a “Party”, together the “Parties”)
A) The IFSC is the world governing body for all aspects of international competition climbing and owns all rights to the World Championships, World Cups and Youth World Championships and Olympic Qualifying Events for Lead, Bouldering, Speed and Combined events (all terms as defined hereinafter in clause 1.0).
B) The IFSC wishes to grant rights to the Event Organiser to host an official Event (“Event”) in accordance with point A) and the IFSC’s Event Organiser Handbook 2019, the IFSC Rules for Competition and all Appendices to this Agreement (“Agreement”).
NOW, THEREFORE, in consideration of the premises and mutual agreements contained herein, the IFSC and the Event Organiser, intending to be legally bound, agree as follows:
In this Agreement, the following expressions shall, unless the context otherwise requires, have the meanings set forth below. Unless the context otherwise requires, words importing the singular include the plural and vice versa, words importing the masculine gender include the feminine and neuter and vice versa and references to persons include incorporated and unincorporated entities.
“NFs” means the National Federations for Sport Climbing recognized by the IFSC.
“Event” is a competition sanctioned by the IFSC for a World Championship, Youth World Championship, Olympic Qualifying Event or World Cup event in the given calendar year.
“Event Organiser” is a National Federation for Sport Climbing recognized by the IFSC and to which the IFSC grants the right to organize an international event as defined in the Preamble section A) and B). The Event Organiser is responsible for the planning, implementation, execution and demobilization of an IFSC Event.
“Event Organiser Handbook” is the framework, and specifically contains the detailed policies and procedures managed by the IFSC Sport Department, whereby the Event Organiser is requested to execute all such products and services for staging an event.
“IFSC” means the IFSC is the IOC recognized International Federation promoting Sport Climbing through the management and regulation of international competitions, communication to stakeholders and external associations and participation in the International Sports Organizations.
“IFSC-CLIMBING.ORG” is proprietary web site for on line live streaming and delayed streaming.
“Sponsor” is a company that signed an agreement with the IFSC or the Event Organiser to provide financial resources and / or products and / or services to the IFSC / Event Organiser and its constituents and in return is granted marketing rights and benefits.
The Parties agree to work together to improve the quality of the Event for the enjoyment of athletes and spectators (on site and off-site).
Further the Parties agree to make the Event accessible to all forms of media and broadcaster/broadcasting agency willing to promote the sport.
The IFSC authorizes by way of this Agreement the Event Organiser to stage the Event in __________________[Insert City and Country ] between the ___ and ___ of ____________ [Insert Dates and Month] 2019 under the name “IFSC Climbing __________[disciplines] World Cup_________[Name of the hosting city] 2019”.
This Agreement should always be read in conjunction with and reference to the Event Organiser Handbook 2019 (“EOH”) and the IFSC Rules for Competition (2019).
The 2019 EOH provides guidelines, timelines and implementation procedures and the IFSC Rules for Competition (2019) provide the definition, explanation and implementation of the Regulations for Competition.
In case of inconsistencies, the Agreement shall take precedence over the EOH.
The Parties enter into this Agreement as independent contractors acting for their own accounts and at their own risks with respect to all matters relating to this Agreement and to the Event. The Agreement shall not be deemed to create any agency, employment, partnership or joint venture relationship between the Parties. Each Party shall be expressly prohibited to bind or act for or on behalf of the other in any way other than in accordance with this Agreement.
The Event Organiser takes full and unlimited organizational, logistic, technical, and financial responsibility for the planning, organization, execution and performance of the Event.
The Event Organiser agrees that except deposit fees, all fees listed in the Fees Section of the EOH are non-refundable even if the Event Organiser has to cancel the Event for whatever reasons, including force majeure.
It is the responsibility of the Event Organiser and those associated with an event whether working directly with the IFSC or in association with the Event Organiser to: Seek at all times the advice and agreement of the IFSC in respect to any decision, which might conflict with the best interests of the sport.
Unless specific notice, the Event Organiser agrees to pay to the IFSC the applicable fees within 30 days of receipt of invoice for all Event Fees, listed in the 2019 EOH.
Late payments after the thirty (30) day period shall be subject to 6% penalty until full payment is received.
The Event Organiser is responsible to ensure fees are paid in accordance with: Prize money – EOH Section other expenses
Any additional services or special services requested by the Event Organiser for its own purposes will result in costs being borne by the Event Organiser.
The liability of the IFSC shall be limited to wilful intent or gross negligence and shall be limited to compensation of any direct damages, which the Event Organiser may suffer from the IFSC’s non-performance of this Agreement.
Neither Party shall be liable to the other Party for loss of profit, loss of use, loss of goodwill or for any other indirect or consequential damages.
The Event Organiser will indemnify and hold harmless the IFSC for all costs, damages and expenses including reasonable attorney’s fees incurred or suffered from or in connection with claims of third parties (e.g. competitors or spectators) in relation to the Event, provided that the responsibility of the Event Organiser is either stated by the competent court or arbitral tribunal or accepted by the same and except to the extent that the damage or claim results from an act of wilful intent or gross negligence of the IFSC.
The Parties agree that no failure by either Party to enforce or take advantage of any provision of this Agreement (including provisions in further documents referred to herein) shall constitute a waiver of its right to subsequently take advantage of such provision, and a single enforcement of a right under this Agreement shall not preclude any subsequent enforcement of such right.
The Parties agree that any notice to either Party under this Agreement shall be given in writing and sent to the other Party by mail, facsimile or electronic transmission.
The Parties agree that if any provision of this Agreement is found to be illegal, invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the extent required to permit its enforcement in a manner most closely representing the intention of the Parties as expressed in this Agreement.
The Parties agree that in case of translation of this Agreement into other languages, the English version shall prevail.
The Agreement shall take effect as of the execution date and shall remain effective until 31 December 2019.
All provisions and / or references are valid for the calendar year 2019.
This Agreement may be terminated in writing by either Party: (i) if the other Party commits any breach of any of the terms and conditions of this Agreement which breach is not remedied within seven (7) days from the date of receipt of the written notice (email at least) stating such breach, (ii) in the event of the other Party’s liquidation, bankruptcy or state of insolvency.
11. Event rights
11.1. Media, broadcasting, webcasting and other communications rights
The IFSC is the sole owner of broadcasting (TV and digital) rights relating to all IFSC Events.
11.2. Commercial rights
The IFSC is the owner of all the commercial and non commercial rights pertaining to the Event, a series of Events ( World Championships, World Cups…), or any component or outcome of the Event for use at any time before and after the Event.
The IFSC delegates part of the commercial and marketing rights and the sale of commercial advertising space in the Event to the Event Organiser as described in the EOH section Sponsorship.
All Appendices to this Agreement are incorporated by reference.
13. Proper law and Arbitration
This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland.
Any dispute, controversy or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach or termination thereof, shall be settled by three arbitrators in accordance with the Code of sports-related arbitration of the Court of Arbitration for Sport (CAS) having its seat in Lausanne, Switzerland, in force on the date when the notice of arbitration is submitted in accordance with those Rules. The arbitral proceedings shall be conducted in the English language.
IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives in three (3) copies on the date first written above.
International Federation of Sport Climbing
Mr Marco Scolaris, President
International Federation of Sport Climbing
Mrs Debra Gawrych, Secretary-General