BIATHLON POOL CONTRACT
1.Parties
- The Norwegian Biathlon Association, N-0840 Oslo, Norway, hereinafter called NSSF.
- XXXXX.Hereinafter called the Company
2.Objective
The objective of the Biathlon Pool is to finance and support the operation of the official training groups and teams in the Norwegian Biathlon Association.
3.Objects and scope of agreement
a.The Company will through this agreement be a member of the Biathlon Pool.
b.NSSF and the Company guarantees that all actions and activities related to this agreement and the Racer Agreement (between NSSF, the Racer and the Company) follow the rules of the International Biathlon Union (IBU), and the
International Olympic Committee (IOC).
c.NSSF undertakes to see that the members of the official teams use and promote the Company’s products in accordance with this agreement and the Racer Agreement when exercising their sport.
The products are: Goggles
d.NSSF undertakes to inform the Company of the choice of equipment that each racer on the official national teams have done for the coming biathlon pool-period within August 31st the first year of the contract. Updated information, with new racers on the teams, will be sent to the Company within June 30th the second year of the contract.
Racers cannot change choice of equipment during a biathlon pool-period unless so is agreed upon between the racer, the Company and the NSSF.
e. The Company undertakes to supply the products concerned in the quantities
required
for racers and coaches, and in the places and at the times appointed by NSSF, at the latest per November 1 each year.
The Company guarantees necessary service, which is to be coordinated and specified before each season by NSSF and the Company.
- The products supplied shall be of first class quality and meet the requirements that the Racer concerned may reasonably make.
g.If the company makes major changes to the product, which makes it impossible for the racers to fulfil their contractual obligations towards other suppliers, the racers have the right to change supplier even during the biathlon pool period. If a racer wants to change supplier, the company shall be notified in writing before the racer starts negotiating with alternative suppliers. NSSF shall approve such change of supplier.
4.Duration of agreement
XXXX – XXXX (two seasons)
5.Renewal of contract
Renewal of the contract for the period XXXX - XXXX, shall be completed before XXXX.
6.Transfer period
After the World Cup Final 2017 and until 1.of July 2017 there will be a transfer period where the athletes have the possibilities to test all kinds of equipments.
7.Termination of agreement
During the period of the agreement, one party can terminate the agreement only if the other party breaks the terms of the agreement. To terminate the agreement, notice must be given from the Company or the NSSF in writing.
8.Consideration
- The Company shall annually pay NSSF the following fee, maximal 30 days after presentation of invoice. The membership fee is based on the calculation of membership fee, which is enclosed in enclosure 1.
Membership feeEUR XXXX+ v.a.t. annually
Invoice dateEURXXXX+ v.a.t. 1.of December
The Company holds the full responsibility for the payment of the membership fee. This responsibility cannot be passed on to the Company’s agent or representative in Norway, without the prior written approval by NSSF.
- Bonus to racers without a personal contract with the Company shall be paid in the amount according to Enclosure 2. The payment shall be made to the athletes fund account with the NSSF. The athlete is responsible for following up the payment.
c.The products indicated in clause 3c above are made available to the racers
by the Company free of charge by the Company. If the Company choose to send the products to Norway, all cost related to freight, customs duty and taxes will be paid by the Company. NSSF does not accept any responsibility for the products, including any taxes that may occur under use and importation of such products.
The Company shall carry out service according to clause 3.e free of charge.
9.Rights of the company
As member of the Biathlon Pool the Company has the following rights:
- Use the term “official provider of skipoles and googles to the Norwegian Biathlon Association, “ or similar terms approved by the NSSF
- Using biathlon pool design elements for promotional material and in advertising. Design elements (biathlon pool logo) must not be used directly on the Company’s products.
- Use of official team pictures (minimum 4 athletes) of the official teams in marketing and advertising. The Company may only use pictures of racers using the Company’s products. If less than three racers are using the Company’s products, the Company has to get approval from the racers involved to use pictures with less than three racers.
10. Member of the NSSF activation programme
- Invitation to one biathlon pool meeting per year
- Invitation to the yearly “NSSF Marketing Day”
- Invitation to the opening competition meeting
- Invitation to the pre World Cup in Oslo event
11.Rules concerning advertising
a.Advertisement may only be designed and used in accordance with rules of the IBU and IOC.
b.All advertisement, illustrations and texts concerning the active Racers has to be carried out in accordance with enclosure 3, Rules concerning advertising
12.Assignment
The Company is not entitled to assign the advertising rights under this agreement to another party.
13.Intentions
If wanted by both parties, there is in this agreement given the opportunity to extend the partnership to include other products that are related to the business of the NSSF.
14.Doping
The NSSF will ensure that their athletes respect the IBU and IOC rules. If a racer is proven guilty for doping, and the doping case is an individual matter i.e. there is no relationship to other members of the team, coaches or NSFS staff, the suppliers to that specific racer have the right to terminate the individual contract with the racer and will not be invoiced by NSSF for the remaining period of the Skipool contract. The consequences for the athlete will also be separately specified in the individual contract between the athlete and the company.
If a doping case should prove to involve other racers, coaches or NSSF staff, all members of the Biathlon skipool have the right to terminate or renegotiate their contracts. Fixed Skipool fee already received in the actual season will be 100 % refunded by NSSF.
15.Interpretation and disputes
Regardless of the language on which this agreement is drawn up, it shall be interpreted in the English language. Disputes arising out of this agreement shall be settled according to the Norwegian law and in Norwegian Court.
16.Contact persons and details
Contacts NSSF:
Gunnar Glavin NybøCell Phone +47 95768899
Head of Marketing and Communication
E-mai:
Therese Engebråten Cell Phone: +47 97969281
Marketing Coordinator
Email:
Contacts XXXX
Cell Phone: XXXX
Email: XXXX
This agreement has been executed in duplicate, one for each party.
Date: ______
______
Gunnar Glavin Nybø
XXXX Norwegian Biathlon Association
Enclosure 1
CALCULATION OF MEMBERSHIP FEE BIATHLON
Category / Fee in EUROSkis / 2500
Bindings / 1500
Boots / 1000
Poles / 1250
Goggles / 2500
Enclosure 2
Personal Bonuses Biathlon for the period XXXX.
The bonus system below will apply for racers without a personal contract with the Company.
Payment is due 30 days after the reception of invoice from the racers.
SKIS
World Cup races before X-mas, Trophy, Holmenkollen and WC Final / Currency / Biathlon1. place / Euro / 2000
2. place / Euro / 1000
3. place / Euro / 500
All other World Cup races
1. place / Euro / 12002. place / Euro / 600
3. place / Euro / 300
World Cup totally
1. place / Euro / 3000Olympic Games (OG) per discipline
1. place / Euro / 5000
2. place / Euro / 2500
3. place / Euro / 1500
World Championship (WCH) per discipline
1. place / Euro / 3000
2. place / Euro / 2000
3. place / Euro / 1000
All above amounts apply for skis. For other products within the racing category, the following applies:
Boots / 15 % of skisBinding / 15 % of skis
Poles / 20 % of skis
Goggles / 30 % of skis
Enclosure 3
Norwegian Biathlon Association, Biathlon pool
Rules concerning advertising
- The Company must use the Norwegian Biathlon Pool symbol in advertisement according to clause 9 of this contract, and according to the design manual of the NSSF.
- The times and places for advertising activities shall be agreed upon well in advance and shall be adjusted to the training and competition schedules.
- All advertising material shall expose the actual sponsors and suppliers of the teams/athletes.
- The main sponsor will, in text or picture, be presented in all promotional and marketing material.
- Advertising material can only be used until Dec.31, at the latest the year the
agreement expires.