FIS Freestyle World Cup Organizers Agreement

From Fiswiki

(Difference between revisions)
Jump to: navigation, search
Revision as of 09:11, 2 August 2009 (edit)
Joe (Talk | contribs)
('''1. DEFINITIONS''')
← Previous diff
Current revision (14:00, 12 April 2010) (edit) (undo)
Joe (Talk | contribs)
('''9. ATHLETES, TEAMS PERSONNEL AND FIS OFFICIALS''')
 
(52 intermediate revisions not shown.)
Line 19: Line 19:
-== '''TABLE OF CONTENT''' ==+'''''WHEREAS:'''''
- +
- +
-*1. DEFINITIONS +
-*2. APPOINTMENT OF THE ORGANISERS +
-*3. BASIS OF APPOINTMENT +
-*3.1 FIS RULES AND UNDERTAKINGS+
-*3.2 RELEVANT RULES/SUBSEQUENT CHANGES+
-*4. ORGANISING COMMITTEE +
-*5. RACE DIRECTOR / SUPERVISION +
-*6. THE COMPETITIONS +
-*7. THE EVENT PROGRAMME & SCHEDULE +
-*7.1 ELEMENTS OF THE EVENT PROGRAMME+
-*7.2 CONSEQUENCES OF CANCELLATION OF COMPETITIONS/EVENTS+
-*8. EVENT VENUE+
-*8.1 IN GENERAL+
-*8.2 COURSES & TECHNICAL INSTALLATIONS/COURSES USED FOR COMPETITIONS+
-*9. ATHLETES & TEAM PERSONNEL+
-*9.1 QUALIFICATION +
-*9.2 ACCOMMODATION AND BOARD/TRAVEL+
-*9.3 TRAVEL, ACCOMMODATION AND BOARD FOR FIS OFFICIALS+
-*9.4 PRIZE-MONEY +
-*10. ACCREDITATION +
-*11. SAFETY EQUIPMENT +
-*12. TECHNICAL INSTALLATIONS & SERVICES +
-*12.1 COMMUNICATION+
-*12.2 DATA & TIMING+
-*13. CONDUCT OF COMPETITIONS +
-*14. FORERUNNERS +
-*15. RESCUE – MEDICAL SUPPORT REQUIREMENTS +
-*16. PRESS & MEDIA +
-*16.1 GENERAL+
-*16.2 PRESS ACCREDITATION+
-*16.3 PERSONNEL+
-*16.4 PRESS & MEDIA FACILITIES+
-*16.5 COMMUNICATION ACCESS AND CHARGES+
-*16.6 PRESS INFORMATION SERVICE7WINNER’S PRESS CONFERENCE+
-*16.7 MEDIA REPORT+
-*17. NAME OF WORLD CUP/OF THE EVENT – WORLD CUP LOGO +
-*17.1 IN GENERAL+
-*17.2 EVENT PUBLICATIONS+
-*17.3 USE BY EVENTS SPONSORS+
-*18. EVENT PROGRAMME (PRINTED PROGRAMME) +
-*19. ENVIRONMENTAL OBLIGATIONS +
-*20. ADVERTISING +
-*21. TV COVERAGE +
-*22. INSURANCE +
-*23. FIS/LO MUTUAL ASSISTANCE +
-*24. TERMINATION AND CONSEQUENCES OF TERMINATION +
-*25. INDEMNITY +
-*26. WAIVER +
-*27. ASSIGNMENT +
-*28. NO JOINT VENTURE +
-*29. AMENDMENT +
-*30. NOTICES +
-*31. SEVERABILITY +
-*32. APPLICABLE LAW & ARBITRATION +
- +
-WHEREAS:+
*(A) '''[[FIS]]''' is the international federation governing Cross-Country Skiing, Ski Jumping, Nordic Combined, Alpine Skiing, '''[[Freestyle Skiing]]''' and Snowboarding; *(A) '''[[FIS]]''' is the international federation governing Cross-Country Skiing, Ski Jumping, Nordic Combined, Alpine Skiing, '''[[Freestyle Skiing]]''' and Snowboarding;
Line 87: Line 29:
*(G) Based on a delegation by NSA, the effective organisation of the '''[[COMPETITIONS]]''' is to be undertaken by '''[[LO]]''' acting as local organiser; *(G) Based on a delegation by NSA, the effective organisation of the '''[[COMPETITIONS]]''' is to be undertaken by '''[[LO]]''' acting as local organiser;
*(H) The present agreement has the purpose of confirming the appointment of '''[[NSA]]''' and, based on NSA's delegation, of '''[[LO]]''', as organisers of the above mentioned races and sets forth the terms and conditions applying to the '''[[COMPETITIONS]]''' organisation; *(H) The present agreement has the purpose of confirming the appointment of '''[[NSA]]''' and, based on NSA's delegation, of '''[[LO]]''', as organisers of the above mentioned races and sets forth the terms and conditions applying to the '''[[COMPETITIONS]]''' organisation;
- 
== '''1. DEFINITIONS''' == == '''1. DEFINITIONS''' ==
Line 124: Line 65:
"'''[[TIMING BOOKLET]]'''” means the rules and guide lines issued by FIS in regard to technical specifications applying to timing at i.a. '''[[WC]]''' '''[[COMPETITIONS]]'''. "'''[[TIMING BOOKLET]]'''” means the rules and guide lines issued by FIS in regard to technical specifications applying to timing at i.a. '''[[WC]]''' '''[[COMPETITIONS]]'''.
-“'''[[TIMING & DATA TECHNICAL REQURIEMENTS]]'''" means the documents '''[[FIS FREESTYLE FIS WORLD CUP TIMING & DATA TECHNICAL REQUIREMENTS]]''' issued by FIS in regard to requirements and standards applying to in particular timing, data and respectively publication thereof on documents, '''[[TV]]''' or the '''[[internet]]'''. +“'''[[TIMING & DATA TECHNICAL REQURIEMENTS]]'''" means the documents '''[[FIS FREESTYLE FIS WORLD CUP TIMING & DATA TECHNICAL REQUIREMENTS]]''' issued by '''[[FIS]]''' in regard to requirements and standards applying to in particular timing, data and respectively publication thereof on documents, '''[[TV]]''' or the '''[[internet]]'''.
-"'''[[WC COMPETITIONS]]'''" means races that are part of the FIS '''[[WORLD CUP]]'''.+"'''[[WC COMPETITIONS]]'''" means races that are part of the '''[[FIS]]''' '''[[WORLD CUP]]'''.
-"'''[[WC RULES]]'''" means the Rules for the Freestyle FIS World Cup, together with any amendment and/or precision thereof as from to time issued by the FIS. In the context of this agreement, WC RULES refers more specifically to the '''[[Rules for the Freestyle FIS World Cup]]''' together with any amendment and/or precision thereof as issued from the time by the FIS Council on proposal of the Freestyle Committee.+"'''[[WC RULES]]'''" means the '''[[Rules for the Freestyle FIS World Cup]]''', together with any amendment and/or precision thereof as from to time issued by the '''[[FIS]]'''. In the context of this agreement, '''[[WC RULES]]''' refers more specifically to the '''[[Rules for the Freestyle FIS World Cup]]''' together with any amendment and/or precision thereof as issued from the time by the FIS Council on proposal of the '''[[Freestyle Committee]]'''.
"'''[[WORLD CUP]]'''" means the '''[[Freestyle FIS World Cup]]''' abbreviated as '''[[WC]]'''. "'''[[WORLD CUP]]'''" means the '''[[Freestyle FIS World Cup]]''' abbreviated as '''[[WC]]'''.
Line 134: Line 75:
== '''2. APPOINTMENT OF THE ORGANISERS''' == == '''2. APPOINTMENT OF THE ORGANISERS''' ==
-This agreement confirms NSA's appointment to organise the COMPETITIONS, respectively the EVENT as part of the calendar 2009/2010 established by the FIS Conference held in Dubrovnik (CRO) on 22.05.2009 and confirmed subsequently by the FIS Council on 12.06.2009. +This agreement confirms NSA's appointment to organise the '''[[COMPETITIONS]]''', respectively the '''[[EVENT]]''' as part of the calendar ''for the season'' established by the FIS Conference and confirmed subsequently by the FIS Council.
Based on the delegation of '''[[NSA]]''', the '''[[LO]]''' is appointed to act as race organiser in accordance with clause 202.1.3 of the INTERNATIONAL SKI COMPETITION RULES ("ICR"). Based on the delegation of '''[[NSA]]''', the '''[[LO]]''' is appointed to act as race organiser in accordance with clause 202.1.3 of the INTERNATIONAL SKI COMPETITION RULES ("ICR").
Line 140: Line 81:
'''[[NSA]]''' and '''[[LO]]''' hereby accept their appointment in accordance with the terms hereof. '''[[NSA]]''' and '''[[LO]]''' hereby accept their appointment in accordance with the terms hereof.
-Notwithstanding any specification in this agreement, NSA and LO shall be jointly and severally liable for a proper organisation in accordance with the terms of this agreement.+Notwithstanding any specification in this agreement, '''[[NSA]]''' and '''[[LO]]''' shall be jointly and severally liable for a proper organisation in accordance with the terms of this agreement.
== '''3. BASIS OF APPOINTMENT''' == == '''3. BASIS OF APPOINTMENT''' ==
Line 147: Line 88:
*'''3.1 FIS RULES and undertakings''' *'''3.1 FIS RULES and undertakings'''
-The appointment in accordance with clause 2 above is based on the terms and conditions applying to the organisation of WC COMPETITIONS as set forth in the FIS RULES and more specifically in:+The appointment in accordance with clause 2 above is based on the terms and conditions applying to the organisation of '''[[WC]]''' '''[[COMPETITIONS]]''' as set forth in the '''[[FIS RULES]]''' and more specifically in:
*The '''[[WC RULES]]''' *The '''[[WC RULES]]'''
*The '''[[ICR]]''' *The '''[[ICR]]'''
*The '''[[FIS Statutes]]''' *The '''[[FIS Statutes]]'''
-Furthermore, WC COMPETITIONS shall be conducted in strict observance of all applicable FIS RULES.+Furthermore, '''[[WC]]''' '''[[COMPETITIONS]]''' shall be conducted in strict observance of all applicable '''[[FIS RULES]]'''.
-'''[[NSA]]''' and '''[[LO]]''' consequently acknowledge and undertake that they will implement the organisation of the COMPETITIONS, respectively of the EVENT in strict compliance with all the '''[[FIS RULES]]''' applicable to WC COMPETITION’S organisation and shall, as an integral part of their obligations under this agreement:+'''[[NSA]]''' and '''[[LO]]''' consequently acknowledge and undertake that they will implement the organisation of the '''[[COMPETITIONS]]''', respectively of the '''[[EVENT]]''' in strict compliance with all the '''[[FIS RULES]]''' applicable to WC COMPETITION’S organisation and shall, as an integral part of their obligations under this agreement:
-*observe all obligations of the WC COMPETITION organisers set forth in the above mentioned FIS RULES and+*observe all obligations of the '''[[WC]]''' '''[[COMPETITION]]''' organisers set forth in the above mentioned '''[[FIS RULES]]''' and
-*take all appropriate measures within their control to procure that the COMPETITIONS (including any element of the EVENT Programme directly relating to their organisation) can be effectively organised and held in compliance with the above mentioned applicable rules.+*take all appropriate measures within their control to procure that the '''[[COMPETITIONS]]''' (including any element of the [[EVENT]] Programme directly relating to their organisation) can be effectively organised and held in compliance with the above mentioned applicable rules.
-*for the avoidance of doubt and subject to FIS’ expressed written permission to the contrary, LO shall not add any additional race to the EVENT programme.+*for the avoidance of doubt and subject to FIS’ expressed written permission to the contrary, '''[[LO]]''' shall not add any additional race to the '''[[EVENT]]''' programme.
-'''[[NSA]]''' and '''[[LO]]''' further warrant and represent to FIS that all the answers, statements and representations made towards FIS during the application process were truthful and they warrant that they will respect any undertakings made during the same process on the understanding that these answers, statements, representations and undertakings form the basis of their appointment and of their obligations pursuant to this agreement in addition and complement to any obligation specifically set forth herein.+'''[[NSA]]''' and '''[[LO]]''' further warrant and represent to '''[[FIS]]''' that all the answers, statements and representations made towards FIS during the application process were truthful and they warrant that they will respect any undertakings made during the same process on the understanding that these answers, statements, representations and undertakings form the basis of their appointment and of their obligations pursuant to this agreement in addition and complement to any obligation specifically set forth herein.
'''3.2 Relevant Rules / subsequent changes''' '''3.2 Relevant Rules / subsequent changes'''
-The FIS RULES at the time of execution of this agreement shall form the basis of the appointment. As a matter of principle, FIS RULES shall not be amended with effect during the term of this agreement in a manner which significantly and adversely affects the interests of NSA/LO without a valid reason. In the event of such change, the parties shall look in good faith for solutions taking into account the legitimate interests of NSA/LO. In the event no such solution can be found, the NSA/LO shall have an option to opt out of the agreement.+The '''[[FIS RULES]]''' at the time of execution of this agreement shall form the basis of the appointment. As a matter of principle, '''[[FIS RULES]]''' shall not be amended with effect during the term of this agreement in a manner which significantly and adversely affects the interests of '''[[NSA]]'''/'''[[LO]]''' without a valid reason. In the event of such change, the parties shall look in good faith for solutions taking into account the legitimate interests of '''[[NSA]]'''/'''[[LO]]'''. In the event no such solution can be found, the '''[[NSA]]'''/'''[[LO]]''' shall have an option to opt out of the agreement.
-'''4. ORGANISING COMMITTEE''' +== '''4. ORGANISING COMMITTEE''' ==
 +
-An Organising Committee shall be entrusted with the execution of the operational aspects of the organisation of the COMPETITIONS, respectively of the EVENT.+An Organising Committee shall be entrusted with the execution of the operational aspects of the organisation of the '''[[COMPETITIONS]]''', respectively of the '''[[EVENT]]'''.
-Such Organising Committee shall be formed by the LO. It shall include at least all the positions set forth in ICR 3020 and the persons designated by FIS in accordance with clause ICR '''[[3012.5]]'''.+Such Organising Committee shall be formed by the '''[[LO]]'''. It shall include at least all the positions set forth in ICR '''[[3020]]''' and the persons designated by FIS in accordance with clause ICR '''[[3012.5]]'''.
-All members of the Organising Committee appointed by LO shall have the appropriate competence/experience necessary to carry out their duties. The Organising Committee shall use at least one of the FIS languages (E/F/D) in all official documents and meetings (official programme, team captains meetings, jury meetings, OC meetings with international participation, etc.).+All members of the Organising Committee appointed by '''[[LO]]''' shall have the appropriate competence/experience necessary to carry out their duties. The Organising Committee shall use at least one of the FIS languages (E/F/D) in all official documents and meetings (official programme, team captains meetings, jury meetings, OC meetings with international participation, etc.).
-Once formed and in operation, the Organising Committee shall execute the operational aspects of the organisation and staging of the COMPETITIONS, respectively of the EVENT and serve as FIS' contact for all purposes in connection thereto. +Once formed and in operation, the Organising Committee shall execute the operational aspects of the organisation and staging of the '''[[COMPETITIONS]]''', respectively of the '''[[EVENT]]''' and serve as '''[[FIS]]'''' contact for all purposes in connection thereto.
-It is clarified that notwithstanding any position held herein by persons designated by the FIS, the Organising Committee is acting on behalf of the LO and NSA which shall in any case remain directly, responsible for the proper performance of all the obligations relating to the organisation and staging of the COMPETITIONS, respectively of the EVENT.+It is clarified that notwithstanding any position held herein by persons designated by the '''[[FIS]]''', the Organising Committee is acting on behalf of the '''[[LO]]''' and '''[[NSA]]''' which shall in any case remain directly, responsible for the proper performance of all the obligations relating to the organisation and staging of the '''[[COMPETITIONS]]''', respectively of the '''[[EVENT]]'''.
-5. RACE DIRECTOR / SUPERVISION+
-The RACE DIRECTOR and the TECHNICAL DELEGATE shall be in charge of the overall supervision of the conduct of the organisation in accordance with the FIS RULES and the terms of this agreement.+== 5. '''RACE DIRECTOR / SUPERVISION''' ==
-In the event a matter affecting the organisation cannot be solved in application of the FIS RULES, the RACE DIRECTOR shall be in charge to decide appropriate measures.+The RACE DIRECTOR and the '''[[TECHNICAL DELEGATE]]''' shall be in charge of the overall supervision of the conduct of the organisation in accordance with the FIS RULES and the terms of this agreement.
-The RACE DIRECTOR (as Referee) is a member of the Jury and the Organising Committee, as defined in the ICR.+In the event a matter affecting the organisation cannot be solved in application of the '''[[FIS RULES]]''', the '''[[RACE DIRECTOR]]''' shall be in charge to decide appropriate measures.
-In addition to the supervision by the Technical Delegate and Race Director defined in the ICR, if necessary the FIS will appoint a Technical Advisor, whose role consists of overseeing the technical preparations and serving as a counsellor to LO.+The '''[[RACE DIRECTOR]]''' (as Referee) is a member of the Jury and the Organising Committee, as defined in the '''[[ICR]]'''.
-6. THE COMPETITIONS+
-The COMPETITIONS include the following WC COMPETITIONS to be held in ----+In addition to the supervision by the '''[[Technical Delegate]]''' and '''[[Race Director]]''' defined in the '''[[ICR]]''', if necessary the FIS will appoint a '''[[Technical Advisor]]''', whose role consists of overseeing the technical preparations and serving as a counsellor to LO.
 + 
 + 
 +== 6. '''THE COMPETITIONS''' ==
 + 
 + 
 +The '''[[COMPETITIONS]]''' include the following '''[[WC]]''' '''[[COMPETITIONS]]''' to be held in ----
• XXX • XXX
Line 194: Line 140:
It is understood and agreed that the above dates may be subject to modifications as set forth in this agreement. It is understood and agreed that the above dates may be subject to modifications as set forth in this agreement.
-7. THE EVENT PROGRAMME & SCHEDULE 
-7.1 Elements of the EVENT programme 
-The EVENT PROGRAMME includes the following principal elements:+== 7. '''THE EVENT PROGRAMME & SCHEDULE''' ==
 + 
 + 
 +'''7.1 Elements of the''' '''[[EVENT]]''' '''programme'''
 + 
 +The '''[[EVENT]]''' PROGRAMME includes the following principal elements:
-• The COMPETITIONS (including training, inspections, etc.)+• The '''[[COMPETITIONS]]''' (including training, inspections, etc.)
• Public Official Presentation and bib number announcement ceremonies • Public Official Presentation and bib number announcement ceremonies
• Winner and prize-giving ceremonies • Winner and prize-giving ceremonies
-• Team Captain's Meetings and Draw+• Team Captain's Meetings and '''[[Draw]]'''
At the discretion of the LO, the EVENT PROGRAMME may further include other facultative related elements such as an official entertainment programme, official invitations, etc. At the discretion of the LO, the EVENT PROGRAMME may further include other facultative related elements such as an official entertainment programme, official invitations, etc.
-A provisional EVENT schedule is attached hereto as EXHIBIT 1.+A provisional '''[[EVENT]]''' schedule is attached hereto as EXHIBIT 1.
-Given the nature of WC COMPETITIONS as outdoors events subject to outside circumstances, such as weather and course conditions which may affect the COMPETITIONS themselves and/or preceding WC COMPETITIONS (modification of travel plans), the EVENT schedule may be amended at all time as necessary to secure as a priority the effective organisation of the COMPETITIONS as well as of other WC COMPETITIONS that are part of the [2009/10] calendar (preceding or following).+Given the nature of '''[[WC]]''' '''[[COMPETITIONS]]''' as outdoors events subject to outside circumstances, such as weather and course conditions which may affect the COMPETITIONS themselves and/or preceding '''[[WC]]''' '''[[COMPETITIONS]]''' (modification of travel plans), the '''[[EVENT]]''' schedule may be amended at all time as necessary to secure as a priority the effective organisation of the COMPETITIONS as well as of other '''[[WC]]''' '''[[COMPETITIONS]]''' that are part of the calendar (preceding or following).
For this purpose and in particular: For this purpose and in particular:
-* Subject to compliance with the requirements of the FIS RULES, the dates of the COMPETITIONS and/or of training may be changed by the Jury within the period of the FIS World Cup event in Place as defined under article 6. +* Subject to compliance with the requirements of the '''[[FIS RULES]]''', the dates of the '''[[COMPETITIONS]]''' and/or of training may be changed by the Jury within the period of the FIS World Cup event in Place as defined under article 6.
-* The schedule of all other elements of the EVENT Programme may be adapted as appropriate in accordance with changes having the purpose of preserving the effective organisation of the COMPETITIONS within the above period.+* The schedule of all other elements of the '''[[EVENT]]''' Programme may be adapted as appropriate in accordance with changes having the purpose of preserving the effective organisation of the '''[[COMPETITIONS]]''' within the above period.
-The effective detailed schedule of the EVENT, including all the above elements, shall be established and amended in close consultation with the FIS from time to time as necessary.+The effective detailed schedule of the '''[[EVENT]]''', including all the above elements, shall be established and amended in close consultation with the '''[[FIS]]''' from time to time as necessary.
-The schedule of the COMPETITIONS and of training, as well as any necessary adaptations thereof, shall be determining and have priority in the establishment of the schedule.+The schedule of the '''[[COMPETITION]]S''' and of training, as well as any necessary adaptations thereof, shall be determining and have priority in the establishment of the schedule.
-It is clarified that any modification of the schedule with the consequence of COMPETITIONS to be held outside of the period set forth above, requires the agreement of the Organising Committee. It is also clarified that modifications due to circumstances at other WC Events may not be implemented without the agreement of the Organising Committee, unless they do not result in a change of the date on which a particular COMPETITION is scheduled to be held (i.e. may affect training only) or they are due to changes of the travel circumstances affecting arrival of participants beyond control of the FIS (i.e. in particular changes in the arrival which are not a necessary consequence of a postponement of a previous WC COMPETITIONS which would render a timely arrival impossible given the existing travel possibilities).+It is clarified that any modification of the schedule with the consequence of '''[[COMPETITIONS]]''' to be held outside of the period set forth above, requires the agreement of the Organising Committee. It is also clarified that modifications due to circumstances at other '''[[WC]]''' Events may not be implemented without the agreement of the Organising Committee, unless they do not result in a change of the date on which a particular '''[[COMPETITION]]''' is scheduled to be held (i.e. may affect training only) or they are due to changes of the travel circumstances affecting arrival of participants beyond control of the FIS (i.e. in particular changes in the arrival which are not a necessary consequence of a postponement of a previous '''[[WC]] [[COMPETITIONS]]''' which would render a timely arrival impossible given the existing travel possibilities).
-LO shall provide to FIS for its approval at the latest 90 days in advance of the scheduled date of the first RACE a detailed EVENT Programme setting forth the planned schedule and adequate details (e.g. location, environment, speakers etc.) of each element of the Programme other than the COMPETITIONS and trainings. +LO shall provide to '''[[FIS]]''' for its approval at the latest 90 days in advance of the scheduled date of the first RACE a detailed '''[[EVENT]]''' Programme setting forth the planned schedule and adequate details (e.g. location, environment, speakers etc.) of each element of the Programme other than the '''[[COMPETITIONS]]''' and trainings.
-As a general undertaking under this agreement, the LO shall organise, respectively take all the necessary measures and/or provide all necessary infrastructures, support and services necessary for the proper organisation of all the elements of the EVENT PROGRAMME. +As a general undertaking under this agreement, the '''[[LO]]''' shall organise, respectively take all the necessary measures and/or provide all necessary infrastructures, support and services necessary for the proper organisation of all the elements of the '''[[EVENT]]''' PROGRAMME.
-Such obligation shall apply strictly in connection with the organisation of the COMPETITIONS with the applicable FIS RULES and all the elements of the Programme which are directly and necessarily linked with such organisation, such as official training, tests, Team Captain's meetings, official presentations and award ceremonies. It is clarified that other elements of the EVENT Programme which have solely entertainment purposes and which have been proposed by LO as a complement to the core EVENT Programme (such as invitations, entertainment programme, etc.) may be changed or suppressed by the LO after consultation with FIS to the extent such modification or suppression does not affect the organisation of the COMPETITIONS and are not covered by specific binding undertakings given to the FIS in the course of the application process. This applies also to entertainment programmes around core elements (e.g. changes in the entertainment around the athlete’s and/or bib numbers' presentation). However, once the EVENT Programme has been finalised, approved by FIS, LO shall use all its very best efforts to implement in full including the elements which have only entertainment purposes and for which no binding commitment exists.+Such obligation shall apply strictly in connection with the organisation of the '''[[COMPETITIONS]]''' with the applicable '''[[FIS RULES]]''' and all the elements of the Programme which are directly and necessarily linked with such organisation, such as official training, tests, Team Captain's meetings, official presentations and award ceremonies. It is clarified that other elements of the '''[[EVENT]]''' Programme which have solely entertainment purposes and which have been proposed by '''[[LO]]''' as a complement to the core '''[[EVENT]]''' Programme (such as invitations, entertainment programme, etc.) may be changed or suppressed by the '''[[LO]]''' after consultation with FIS to the extent such modification or suppression does not affect the organisation of the '''[[COMPETITIONS]]''' and are not covered by specific binding undertakings given to the '''[[FIS]]''' in the course of the application process. This applies also to entertainment programmes around core elements (e.g. changes in the entertainment around the athlete’s and/or bib numbers' presentation). However, once the EVENT Programme has been finalised, approved by FIS, LO shall use all its very best efforts to implement in full including the elements which have only entertainment purposes and for which no binding commitment exists.
-7.2 Consequence of cancellation of COMPETITIONS/EVENTS+'''7.2 Consequence of cancellation of COMPETITIONS/EVENTS'''
-All cancelled COMPETITIONS / EVENTS return to FIS. COMPETITIONS, which have to be cancelled due to "force majeure", or non-fulfillment of requirements may, in exceptional cases, be re-allocated or rescheduled. Reference is made to article 1.5 and 1.6 of the Freestyle FIS World Cup Rules. +All cancelled '''[[COMPETITIONS]]''' / '''[[EVENTS]]''' return to FIS. '''[[COMPETITIONS]]''', which have to be cancelled due to "force majeure", or non-fulfillment of requirements may, in exceptional cases, be re-allocated or rescheduled. Reference is made to article 1.5 and 1.6 of the '''[[Freestyle FIS World Cup Rules]]'''.
-In case of cancellation due to "force majeure" and without prejudice to any other solution to be decided by FIS, NSA may submit a proposal for appropriate re-allocation.+In case of cancellation due to "force majeure" and without prejudice to any other solution to be decided by '''[[FIS]]''', '''[[NSA]]''' may submit a proposal for appropriate re-allocation.
 + 
 +== '''8. EVENT VENUE''' ==
-8. EVENT VENUE 
8.1 In general 8.1 In general
-The [[EVENT VENUE]] including the COURSE and all the EVENT FACILITIES have been inspected as part of the application procedure. The inspection report including answers and undertakings given by LO is annexed hereto as EXHIBIT 2 and shall form an integral part of this agreement.+The '''[[EVENT VENUE]]''' including the COURSE and all the '''[[EVENT FACILITIES]]''' have been inspected as part of the application procedure. The inspection report including answers and undertakings given by LO is annexed hereto as EXHIBIT 2 and shall form an integral part of this agreement.
-The [[EVENT VENUE]] shall include i.a. appropriate facilities to conduct Anti-Doping controls according to the specifications described in the Procedural Guidelines of the FIS Anti-Doping Rules. +The '''[[EVENT VENUE]]''' shall include i.a. appropriate facilities to conduct Anti-Doping controls according to the specifications described in the Procedural Guidelines of the '''[[FIS Anti-Doping Rules]]'''.
-Further, it shall include an appropriate facility to conduct equipment control (closed tented area within the arrival area). +Further, it shall include an appropriate facility to conduct '''[[equipment control]]''' (closed tented area within the arrival area).
-LO undertakes to maintain or, to the extent required in the inspection report, improve the EVENT VENUE. Any material change in any element of the EVENT VENUE or delay in improvement or installation to get all elements of the EVENT VENUE ready in accordance with requirements set forth in the inspection report shall be immediately notified to FIS.+'''[[LO]]''' undertakes to maintain or, to the extent required in the inspection report, improve the '''[[EVENT VENUE]]'''. Any material change in any element of the '''[[EVENT VENUE]]''' or delay in improvement or installation to get all elements of the EVENT VENUE ready in accordance with requirements set forth in the inspection report shall be immediately notified to '''[[FIS]]'''.
-Access to the EVENT VENUE shall be granted upon request of the RACE DIRECTOR for the purpose of additional inspections during the preparation period.+Access to the '''[[EVENT VENUE]]''' shall be granted upon request of the '''[[RACE DIRECTOR]]''' for the purpose of additional inspections during the preparation period.
-All elements of the EVENT VENUE shall be prepared and be operational in due time for the proper organisation of the EVENT.+All elements of the '''[[EVENT VENUE]]''' shall be prepared and be operational in due time for the proper organisation of the '''[[EVENT]]'''.
8.2 COURSES AND TECHNICAL INSTALLATIONS 8.2 COURSES AND TECHNICAL INSTALLATIONS
-COURSES used for competition+'''[[COURSES]]''' used for competition
-LO must build and prepare the courses and the technical installations according to the ICR, the Freestyle FIS Course Specifications Manual Freestyle Judges Stand Specifications and the instructions of the FIS Race Director, the Technical Delegate and/or the FIS Technical Advisor.+'''[[LO]]''' must build and prepare the courses and the technical installations according to the ICR, the '''[[Freestyle FIS Course Specifications Manual Freestyle]]''', '''[[Judges Stand Specifications]]''' and the instructions of the '''[[FIS Race Director]]''', the Technical Delegate and/or the '''[[FIS Technical Advisor]]'''.
-LO shall regularly report on the state of preparation of the COURSES and more specifically but not limited thereto, on the snow conditions in the period preceding the scheduled dates of the COMPETITIONS. +LO shall regularly report on the state of preparation of the COURSES and more specifically but not limited thereto, on the snow conditions in the period preceding the scheduled dates of the '''[[COMPETITIONS]]'''.
An appropriate preparation and maintenance of the COURSES is of the essence of this agreement. LO consequently agrees that it shall take all possible measures to ensure that the courses be ready in the best possible conditions to be used for training and the COMPETITIONS. An appropriate preparation and maintenance of the COURSES is of the essence of this agreement. LO consequently agrees that it shall take all possible measures to ensure that the courses be ready in the best possible conditions to be used for training and the COMPETITIONS.
-The [[LO]] is responsible that the course shall be secured in accordance with the prevailing standards for the event concerned. +The '''[[LO]]''' is responsible that the course shall be secured in accordance with the prevailing standards for the event concerned.
-The [[COURSE]] includes start and finish areas which shall be designed and equipped in accordance with the specifications and guidelines issued by FIS.+The '''[[COURSE]]''' includes start and finish areas which shall be designed and equipped in accordance with the specifications and guidelines issued by FIS.
Use of alternative courses and/or adaptation of the COURSES shall be determined by the RACE DIRECTOR. Use of alternative courses and/or adaptation of the COURSES shall be determined by the RACE DIRECTOR.
-9. ATHLETES, TEAMS PERSONNEL AND FIS OFFICIALS+== '''9. ATHLETES, TEAMS PERSONNEL AND FIS OFFICIALS''' ==
 + 
-9.1 Qualification+'''9.1 Qualification'''
-Registered athletes qualified in accordance with WC RULES and within the applicable quotas have to be entered for the COMPETITIONS, subject to timely registration by their respective National Ski Association.+Registered athletes qualified in accordance with '''[[WC RULES]]''' and within the applicable '''[[quotas]]''' have to be entered for the '''[[COMPETITIONS]]''', subject to timely registration by their respective '''[[National Ski Association]]'''.
-9.2 Accommodation and board / travel+'''9.2 Accommodation and board / travel'''
-The LO shall comply with the requirements set forth in this respect in the WC RULES.+The '''[[LO]]''' shall comply with the requirements set forth in this respect in the '''[[WC RULES]]'''.
-The LO shall accordingly: +The '''[[LO]]''' shall accordingly:
* Provide accommodation and board for athletes and team officials within the applicable quotas and during the specified periods. * Provide accommodation and board for athletes and team officials within the applicable quotas and during the specified periods.
-* Procure that the maximum price set forth in the WC RULES be respected within the applicable quotas.+* Procure that the maximum price set forth in the '''[[WC RULES]]''' be respected within the applicable quotas.
* Provide free of charge the service areas necessary for the storage and preparation of skis either within the hotels or in a separate facilities (containers). * Provide free of charge the service areas necessary for the storage and preparation of skis either within the hotels or in a separate facilities (containers).
* Provide parking close to the competition areas. Provision of parking is subject to local circumstances which may result in limited or no availability. Subject to the same, parking facilities shall also be provided to service personnel of hardware suppliers in appropriately limited numbers. * Provide parking close to the competition areas. Provision of parking is subject to local circumstances which may result in limited or no availability. Subject to the same, parking facilities shall also be provided to service personnel of hardware suppliers in appropriately limited numbers.
-Accommodation and board shall be provided at the level of quality set forth in the WC RULES.+Accommodation and board shall be provided at the level of quality set forth in the '''WC RULES'''.
-In the event, LO fails to provide accommodation for the qualified athletes and officials and/or to secure observance of maximum prices, the National Ski Association(s) concerned shall have a claim for payment for expenses not covered, respectively for reimbursement of the amounts of supplementary costs incurred by the National Associations and shall, if necessary, be entitled to exercise such claim directly against LO through arbitration in accordance with clause 32 below (subject to an agreement between the concerned parties to submit the matter to another court or arbitration court).+In the event, '''[[LO]]''' fails to provide accommodation for the qualified athletes and officials and/or to secure observance of maximum prices, the National Ski Association(s) concerned shall have a claim for payment for expenses not covered, respectively for reimbursement of the amounts of supplementary costs incurred by the National Associations and shall, if necessary, be entitled to exercise such claim directly against LO through arbitration in accordance with clause 32 below (subject to an agreement between the concerned parties to submit the matter to another court or arbitration court).
-Notwithstanding the above, FIS shall alternatively be entitled to claim the concerned amount from NSA in its own name but on account of the concerned National Associations from NSA, and NSA shall in turn have a corresponding claim against LO (including for its own claim if any), all such claims being subject to arbitration in accordance with clause 32 below (subject to an agreement between the concerned parties to submit the matter to another court or arbitration court). +Notwithstanding the above, '''[[FIS]]''' shall alternatively be entitled to claim the concerned amount from '''[[NSA]]''' in its own name but on account of the concerned National Associations from NSA, and '''[[NSA]]''' shall in turn have a corresponding claim against '''[[LO]]''' (including for its own claim if any), all such claims being subject to arbitration in accordance with clause 32 below (subject to an agreement between the concerned parties to submit the matter to another court or arbitration court).
-Service personnel and representatives of hardware equipment companies who are not entered as service personnel on the entry forms of a National Association are not entitled to the specified maximum price conditions for team officials. However, the LO shall use its best efforts to assist with accommodation of the persons set forth on the Equipment company list provided by FIS.+
-9.3 Travel, Accommodation and Board for FIS Officials+Service personnel and representatives of hardware equipment companies who are not entered as service personnel on the entry forms of a National Association are not entitled to the specified maximum price conditions for team officials. However, the LO shall use its best efforts to assist with accommodation of the persons set forth on the Equipment company list provided by''' [[FIS]]'''.
-The LO must provide free accommodation and full board for the following FIS officials:+'''[[9.3 Travel, Accommodation and Board for FIS Officials ]]'''
-- FIS Representative / Race Director (1 - 2) Single Room+The '''[[LO]]''' must provide free accommodation and full board for the following FIS officials:
-- FIS Data/Timing service (4) Single Rooms+
-- FIS Technical Delegate (1) Single Room+
-- FIS Technical Advisor (1) Single Room+
-- FIS Assistant Technical Delegate (1) Single Room+
-- FIS Judges (1 Head Judge and 7 (5 HP) Judges) in Double Rooms+
-- FIS Sponsor Representatives (2) Single Rooms+
-- FIS Official Photographer (1) Single Room+
-Travel expenses and fees for the TD, Judges and FIS Data/Timing service have to be paid by LO as follows: +* FIS Representative / '''[[Race Director]]''' (1 - 2) Single Room
-- for MO and/or AE events a global fee of CHF 13'000.--+* FIS Data/Timing service (4) Single Rooms
-- for HP and/or SX events a global fee of CHF 8’000.-- +* FIS '''[[Technical Delegate]]''' (1) Single Room
-An invoice from the FIS Office will be sent to LO which is payable before the first training day.+* FIS '''[[Technical Advisor]]''' (1) Single Room
 +* FIS Assistant Technical Delegate (1) Single Room
 +* FIS '''[[Judges]]''' (1 '''[[Head Judge]]''' and 7 (5 HP) Judges) in Double Rooms
 +* FIS Sponsor Representatives (2) Single Rooms
 +* FIS Official Photographer (1) Single Room
-Transportation to and from the airport for the above-mentioned persons or FIS Technical Officials including their equipment is to be provided free of charge by LO.+'''[[Travel expenses and fees for the TD, Judges and FIS Data/Timing service]]''' have to be paid by '''[[LO]]''' as follows:
 +* for '''[[MO]]''' and/or '''[[AE]]''' events a global fee of '''CHF 13'000.--'''
 +* for '''[[HP]]''' and/or '''[[SX]]''' events a global fee of '''CHF 8’000.--'''
-9.4 Prize-money+An invoice from the FIS Office will be sent to '''[[LO]]''' which is payable before the first training day.
-The LO shall make available and pay prize-money in connection with each COMPETITIONS as set forth in the WC RULES.+Transportation to and from the airport for the above-mentioned persons or FIS Technical Officials including their equipment is to be provided free of charge by '''[[LO]]'''.
 + 
 +'''[[9.4 Prize-money]]'''
 + 
 +The '''[[LO]]''' shall make available and pay prize-money in connection with each '''[[COMPETITIONS]]''' as set forth in the '''[[WC RULES]]'''.
In the event, LO does not decide to apply a higher prize-money, the minimum prize-money shall be applicable. In the event, LO does not decide to apply a higher prize-money, the minimum prize-money shall be applicable.
Line 318: Line 271:
Notwithstanding the above, FIS shall alternatively be entitled to claim the amount concerned from the organising NSA in its own name, but on account of the National Associations of the athletes to whom the prize money is due from the organising NSA who shall in turn have a corresponding claim against its’ LO, all such claims being subject to arbitration in accordance with clause 32 below (subject to an agreement between the concerned parties to submit the matter to another court or arbitration court). Notwithstanding the above, FIS shall alternatively be entitled to claim the amount concerned from the organising NSA in its own name, but on account of the National Associations of the athletes to whom the prize money is due from the organising NSA who shall in turn have a corresponding claim against its’ LO, all such claims being subject to arbitration in accordance with clause 32 below (subject to an agreement between the concerned parties to submit the matter to another court or arbitration court).
-10. ACCREDITATION+== '''10. ACCREDITATION''' ==
-LO shall establish an accreditation system including the standard access zones set forth in EXHIBIT 3. 
-LO shall grant corresponding access (i.e. corresponding accreditation) to bearers of FIS season accreditation. Further, special access cards issued by the FIS (e.g. press corridor, media centre, restricted areas within the finish area) shall be accepted. LO shall instruct its control personnel accordingly.+'''[[LO]]''' shall establish an accreditation system including the standard access zones set forth in EXHIBIT 3.
-LO shall issue accreditation with appropriate access zones for the various groups that include athletes, team officials, servicemen, NSA officials, sponsors, partners, VIPs, special guests, etc. according to the WC RULES and the accreditation matrix in EXHIBIT 3. +'''[[LO]]''' shall grant corresponding access (i.e. corresponding accreditation) to bearers of FIS season accreditation. Further, special access cards issued by the FIS (e.g. '''[[press corridor]]''', '''[[media centre]]''', restricted areas within the '''[[finish area]]''') shall be accepted. LO shall instruct its control personnel accordingly.
-LO shall also issue accreditation with appropriate access zones to specified personnel and representatives of the equipment companies providing services to teams without being entered on an entry form of a National Association. A list valid for the season bearing the names of the persons and required access shall be provided to LO by the FIS. As a matter of principle, servicemen of the equipment companies so entered shall have access rights equivalent to servicemen entered by a National Association (including access to lifts serving the COURSES). +'''[[LO]]''' shall issue accreditation with appropriate access zones for the various groups that include athletes, team officials, servicemen, NSA officials, sponsors, partners, VIPs, special guests, etc. according to the '''[[WC RULES]]''' and the accreditation matrix in EXHIBIT 3.
-In all cases, access to the actual COURSES is restricted and subject to specific additional special on course permits issued under the control of the RACE DIRECTOR and/or TECHNICAL DELEGATE. +'''[[LO]]''' shall also issue accreditation with appropriate access zones to specified personnel and representatives of the equipment companies providing services to teams without being entered on an entry form of a National Association. A list valid for the season bearing the names of the persons and required access shall be provided to '''[[LO]]''' by the '''[[FIS]]'''. As a matter of principle, servicemen of the equipment companies so entered shall have access rights equivalent to servicemen entered by a National Association (including access to lifts serving the '''[[COURSES]]''').
-LO may issue accreditation to persons who are not bearers of FIS season accreditation. In such case however, issuance of an accreditation giving access to any competition area shall be subject to the concerned person applying for FIS ad hoc accreditation by executing the application form set forth in EXHIBIT 4. +In all cases, access to the actual '''[[COURSES]]''' is restricted and subject to specific additional special on '''[[course]]''' permits issued under the control of the '''[[RACE DIRECTOR]]''' and/or '''[[TECHNICAL DELEGATE]]'''.
-The application shall be forwarded to FIS without delay. In the event the application is rejected by FIS, the accreditation issued by LO shall be withdrawn.+'''[[LO]]''' may issue accreditation to persons who are not bearers of '''[[FIS season accreditation]]'''. In such case however, issuance of an accreditation giving access to any competition area shall be subject to the concerned person applying for FIS ad hoc accreditation by executing the application form set forth in EXHIBIT 4.
-A person under a sanction of ineligibility issued by FIS or by another entity when such has to be recognised notably in accordance with the FIS Anti-Doping Rules may not be given an accreditation valid in connection with the EVENT during the ineligibility period.+The application shall be forwarded to '''[[FIS]]''' without delay. In the event the application is rejected by FIS, the accreditation issued by LO shall be withdrawn.
-11. SAFETY EQUIPMENT+A person under a sanction of ineligibility issued by '''[[FIS]]''' or by another entity when such has to be recognised notably in accordance with the '''[[FIS Anti-Doping Rules]]''' may not be given an accreditation valid in connection with the '''[[EVENT]]''' during the ineligibility period.
-Safety equipment used on COURSES shall comply with the applicable technical standards. +== '''11. SAFETY EQUIPMENT''' ==
 + 
 + 
 +Safety equipment used on '''[[COURSES]]''' shall comply with the applicable technical standards.
Safety equipment including in particular safety-nets and other protection equipment shall be checked every year. Safety equipment including in particular safety-nets and other protection equipment shall be checked every year.
-Advertising banners on the competition COURSE shall be affixed to lightweight construction frames or to easily breakable splinter-proof plastic poles with a height of approx. 150 cm above the snow. The fixation system for advertising banners shall enable easy release of the banner from the support structure.+Advertising banners on the competition '''[[COURSE]]''' shall be affixed to lightweight construction frames or to easily breakable splinter-proof plastic poles with a height of approx. '''150 cm''' above the '''[[snow]]'''. The fixation system for advertising banners shall enable easy release of the banner from the support structure.
 + 
 +== '''12. TECHNICAL INSTALLATIONS & SERVICES''' ==
-12. TECHNICAL INSTALLATIONS & SERVICES 
12.1 Communication 12.1 Communication
-For all international competitions, there must be direct communication between the Start and the Finish. +For all international competitions, there must be direct communication between the '''[[Start]]''' and the '''[[Finish]]'''.
-In the data service area, access to the internet (at least ADSL speed) is required.+In the data service area, access to the '''[[internet]]''' (at least '''[[ADSL]]''' speed) is required.
12.2 Data & Timing 12.2 Data & Timing
-LO agrees to the exclusive right for the provision of Data and Timing services through the companies designated by FIS in order to guarantee a high technical standard of measuring systems and evaluation (e.g. for TV, print, FIS live timing, commentator info) and to assure a corporate identity of the TV graphics and print material for all FIS World Cup events. LO has to respect all items detailed in the “TIMING & DATA TECHNICAL REQURIEMENTS “.+'''[[LO]]''' agrees to the exclusive right for the provision of '''[[Data and Timing services]]''' through the companies designated by FIS in order to guarantee a high technical standard of measuring systems and evaluation (e.g. for '''[[TV]]''', print, FIS live timing, commentator info) and to assure a corporate identity of the TV graphics and print material for all '''[[FIS World Cup]]''' events. LO has to respect all items detailed in the “'''[[TIMING & DATA TECHNICAL REQURIEMENTS]]''' “.
-The corresponding advertising rights set forth, in particular on screen inserts, on site banners and markings/ logo/name on lists and publications shall be duly respected and implemented by NSA/LO.+The corresponding advertising rights set forth, in particular on screen inserts, on site banners and markings/ logo/name on lists and publications shall be duly respected and implemented by '''[[NSA]]/[[LO]]'''.
-LO must publish and distribute the actual FIS World Cup standings which have been transmitted from the FIS data service to the FIS, press, team leaders and officials both before and after the races.+LO must publish and distribute the actual '''[[FIS World Cup standings]]''' which have been transmitted from the '''[[FIS data service]]''' to the '''[[FIS]]''', press, team leaders and officials both before and after the races.
-The data and timing generated from all FIS World Cup competitions is at the disposal of FIS, the Organiser, National Ski Association and participants for use in their own publications, including websites. Use of data and timing on websites is subject to the conditions laid down in the FIS Internet Policies. +The data and timing generated from all '''[[FIS World Cup]]''' competitions is at the disposal of FIS, the Organiser, National Ski Association and participants for use in their own publications, including websites. Use of data and timing on websites is subject to the conditions laid down in the '''[[FIS Internet Policies]]'''.
12.3 Additional Data Services 12.3 Additional Data Services
-Any additional services beyond the standard results service, i.e. scoreboard feeds, TV Graphics are at an additional cost and are to be contracted separately between LO and the FIS Data Service.+Any additional services beyond the standard results service, i.e. scoreboard feeds, '''[[TV Graphics]]''' are at an additional cost and are to be contracted separately between '''[[LO]]''' and the '''[[FIS Data Service]]'''.
 + 
 +== '''13. CONDUCT OF COMPETITIONS''' ==
 + 
 + 
 +All competitive aspects shall be organised and conducted in strict compliance with the provisions of the '''[[ICR]]''' specified by the '''[[WC RULES]]'''.
 +'''[[LO]]''' shall strictly comply with all the above rules and requirements, respectively take all appropriate measures within its power to secure their application. It shall duly perform all the duties and obligations arising therefrom, which shall form an integral part of its duties and obligations under this agreement and non compliance therewith shall constitute a breach of this agreement.
 + 
 +== '''14. FORERUNNERS''' ==
 + 
-13. CONDUCT OF COMPETITIONS+LO shall arrange the following number of qualified '''[[forerunners]]''' (athletes with '''[[FIS Points]]'''):
 +* '''[[Moguls]]''', '''[[Dual Moguls]]''', '''[[Ski Cross]]''' competition: '''4'''
 +* '''[[Aerials]]''' and '''[[Halfpipe]]''': '''2'''
-All competitive aspects shall be organised and conducted in strict compliance with the provisions of the ICR specified by the WC RULES.+== '''15. RESCUE – MEDICAL SUPPORT REQUIREMENTS''' ==
-LO shall strictly comply with all the above rules and requirements, respectively take all appropriate measures within its power to secure their application. It shall duly perform all the duties and obligations arising therefrom, which shall form an integral part of its duties and obligations under this agreement and non compliance therewith shall constitute a breach of this agreement. +
-14. FORERUNNERS 
-LO shall arrange the following number of qualified forerunners (athletes with FIS points):+LO shall set up and operate during all competition times (training and COMPETITIONS) an appropriate rescue service. Medical Support Requirements for FIS Event Organisers are given in the ICR, 221.6 as well as Chapter 1 of the '''[[FIS MEDICAL GUIDE]]'''.
-• Mogul, Dual Mogul, Ski Cross competition: 4+
-• Aerials and Halfpipe: 2+
-15. RESCUE – MEDICAL SUPPORT REQUIREMENTS 
-LO shall set up and operate during all competition times (training and COMPETITIONS) an appropriate rescue service. Medical Support Requirements for FIS Event Organisers are given in the ICR, 221.6 as well as Chapter 1 of the FIS MEDICAL GUIDE.+== '''16. PRESS & MEDIA''' ==
-16. PRESS & MEDIA 
-16.1 General+'''16.1 General'''
LO shall ensure adequate working conditions and a high service for the press and media. LO shall ensure adequate working conditions and a high service for the press and media.
-The Press & Media Service of the EVENT shall be established and operated in conformance with the instructions of the FIS PR and Media Committee, the FIS Communications Department as well as the International Association of Ski Journalists (AIPS). +The Press & Media Service of the '''[[EVENT]]''' shall be established and operated in conformance with the instructions of the FIS PR and Media Committee, the FIS Communications Department as well as the International Association of Ski Journalists (AIPS).
-16.2 Press Accreditation+'''16.2 Press Accreditation'''
-Appropriate accreditations have to be issued for the different categories of press and media representatives (written press, photographers, radio, TV, etc).+Appropriate accreditations have to be issued for the different categories of press and media representatives (written press, photographers, radio, '''[[TV]]''', etc).
-The press and media representatives who are bearers of FIS season accreditations and special access cards shall be granted direct access and/or corresponding accreditation at the EVENT. The LO will receive a list of all FIS season accreditation holders on request.+The press and media representatives who are bearers of '''[[FIS]]''' season accreditations and special access cards shall be granted direct access and/or corresponding accreditation at the '''[[EVENT]]'''. The '''[[LO]]''' will receive a list of all FIS season accreditation holders on request.
-In any event however, specific application to LO shall be necessary for hotel room reservations, special wishes concerning working facilities and equipment in the press centre, etc. +In any event however, specific application to '''[[LO]]''' shall be necessary for hotel room reservations, special wishes concerning working facilities and equipment in the press centre, etc.
-16.3 Personnel+'''16.3 Personne'''l
-In order to secure an appropriate level of service, LO shall designate at least the following persons in charge of press and media related functions:+In order to secure an appropriate level of service, '''[[LO]]''' shall designate at least the following persons in charge of press and media related functions:
-An experienced Chief of Press +* An experienced '''[[Chief of Press]]'''
-A Photographer's Coordinator responsible for the photographer’s service+* A Photographer's Coordinator responsible for the photographer’s service
-16.4 Press & Media Facilities+'''16.4 Press & Media Facilities'''
-LO shall set up as part of the EVENT FACILITIES an appropriately equipped press centre as well as the necessary working facilities for accredited media and photographers. Depending on local circumstances, a sub press centre may have to be installed at or in the vicinity of the COURSE.+'''[[LO]]''' shall set up as part of the '''[[EVENT FACILITIES]]''' an appropriately equipped press centre as well as the necessary working facilities for accredited media and photographers. Depending on local circumstances, a sub press centre may have to be installed at or in the vicinity of the '''[[COURSE]]'''.
Specific areas, places and corridors have to be arranged at the COURSE including specifically the finish area, in order to provide adequate working conditions for the written press, photographers, film teams, etc. They shall be adapted to the number of journalists and be appropriate to conduct all the press and media activities including unilateral interviews, live radio broadcasts etc. Specific areas, places and corridors have to be arranged at the COURSE including specifically the finish area, in order to provide adequate working conditions for the written press, photographers, film teams, etc. They shall be adapted to the number of journalists and be appropriate to conduct all the press and media activities including unilateral interviews, live radio broadcasts etc.
-16.5 Communication access and charges+'''16.5 Communication access and charges'''
-LO shall provide free access to telephone and telecommunication lines in the press centre.+'''[[LO]]''' shall provide free access to telephone and telecommunication lines in the press centre.
-However, usage fees for effective communications and specific services such as WIFI can be charged at cost by LO or directly by the companies providing the service. LO shall not apply a margin over its cost price nor receive any commission on usage fees.+However, usage fees for effective communications and specific services such as WIFI can be charged at cost by '''[[LO]]''' or directly by the companies providing the service. '''[[LO]]''' shall not apply a margin over its cost price nor receive any commission on usage fees.
LO shall provide to accredited press and media representatives, hotel accommodation of a good standard at favourable conditions in the nearby area. LO shall provide to accredited press and media representatives, hotel accommodation of a good standard at favourable conditions in the nearby area.
-16.6 Press information service / Winner's Press Conference+'''16.6 Press information service / Winner's Press Conference'''
-LO shall operate before, during and after the EVENT, an active press information service. Such shall include regular communications, information meetings and press conferences.+LO shall operate before, during and after the '''[[EVENT]]''', an active press information service. Such shall include regular communications, information meetings and press conferences.
-Immediately after each COMPETITION, a press conference with the 1st, 2nd and 3rd placed competitors must be held in an appropriate room of the press centre (or sub press-centre as applicable).+Immediately after each '''[[COMPETITION]]''', a press conference with the 1st, 2nd and 3rd placed competitors must be held in an appropriate room of the press centre (or sub press-centre as applicable).
-16.7 Media Report+'''16.7 Media Report'''
-LO shall report on the media coverage generated from the competition, including measurements of the distribution of TV coverage with the number of minutes coverage, time and date of the airings, audience ratings and stations or networks where the coverage was broadcast. +'''[[LO]]''' shall report on the media coverage generated from the competition, including measurements of the distribution of TV coverage with the number of minutes coverage, time and date of the airings, audience ratings and stations or networks where the coverage was broadcast.
Local and national print media coverage must also be reported. This report should include the date of the article and its’ length including photos. Local and national print media coverage must also be reported. This report should include the date of the article and its’ length including photos.
-17. NAME OF WORLD CUP / OF THE EVENT – WORLD CUP LOGO+== '''17. NAME OF WORLD CUP / OF THE EVENT – WORLD CUP LOGO''' ==
-17.1 In general 
-The official name and logo of the WORLD CUP: (Title Sponsor) Freestyle FIS World Cup as well as the name and logo of FIS as shown on EXHIBIT 6 are the sole property of FIS. +'''17.1 In general'''
-LO shall have the right to use the above names and logos in full and including the title sponsor's name (with or without site indication) strictly for the purpose of the organisation of the EVENT. +The official name and logo of the '''[[WORLD CUP]]''': (Title Sponsor) '''[[Freestyle FIS World Cup]]''' as well as the name and logo of '''[[FIS]]''' as shown on EXHIBIT 6 are the sole property of FIS.
-17.2 EVENT Publications+'''[[LO]]''' shall have the right to use the above names and logos in full and including the title sponsor's name (with or without site indication) strictly for the purpose of the organisation of the '''[[EVENT]]'''.
 + 
 +'''17.2 EVENT Publications'''
LO shall have the obligation to do so whenever, it refers to the COMPETITIONS/EVENT in communication/promotion material as defined in EXHIBIT 5, FIS MARKETING RIGHTS such as: LO shall have the obligation to do so whenever, it refers to the COMPETITIONS/EVENT in communication/promotion material as defined in EXHIBIT 5, FIS MARKETING RIGHTS such as:
-On the website used as official website of the EVENT+* On the website used as official website of the '''[[EVENT]]'''
-The EVENT Poster(s)+* The '''[[EVENT]]''' Poster(s)
-Banners or other supports bearing the EVENT Name +* Banners or other supports bearing the '''EVENT Name'''
-The EVENT program (publication)+* The EVENT program (publication)
-All publications of the EVENT, including press inserts, press releases, start and result lists and any other official publication of the EVENT.+* All publications of the '''[[EVENT]]''', including press inserts, press releases, start and result lists and any other official publication of the '''[[EVENT]]'''.
-EVENT publications may also bear the names and/or logos of other sponsors and/or technical service provider, however in a manner and fashion which does not create confusion as to the fact they are sponsors of and/or supply services to the EVENT and not to the overall WORLD CUP.+'''[[EVENT]]''' publications may also bear the names and/or logos of other sponsors and/or technical service provider, however in a manner and fashion which does not create confusion as to the fact they are sponsors of and/or supply services to the '''[[EVENT]]''' and not to the overall WORLD CUP.
As a rule, the official name and logo of the WORLD CUP including title sponsor name as well as the name and logo of FIS shall appear at the top of the lay-out, with the other sponsors and technical suppliers at the bottom or otherwise separated as described in EXHIBIT 6 CORPORATE IDENTITY AND WORLD CUP LOGOS. As a rule, the official name and logo of the WORLD CUP including title sponsor name as well as the name and logo of FIS shall appear at the top of the lay-out, with the other sponsors and technical suppliers at the bottom or otherwise separated as described in EXHIBIT 6 CORPORATE IDENTITY AND WORLD CUP LOGOS.
-All the official publications including COMPETITION data must use the lay-outs provided by the FIS as set forth in the TIMING & DATA TECHNICAL REQUIREMENTS.+All the official publications including '''[[COMPETITION]]''' data must use the lay-outs provided by the '''[[FIS]]''' as set forth in the '''[[TIMING & DATA TECHNICAL REQURIEMENTS]]'''.
The lay out of other communication supports (whether printed and/or in a website or on any other support) used in connection with the EVENT, shall be submitted to FIS for prior approval, such approval not to be unreasonably withheld or delayed. The lay out of other communication supports (whether printed and/or in a website or on any other support) used in connection with the EVENT, shall be submitted to FIS for prior approval, such approval not to be unreasonably withheld or delayed.
-17.3 Use by EVENT Sponsors+'''17.3 Use by EVENT Sponsors'''
-Subject to art. 20, LO shall be entitled to grant the right to use the WORLD CUP name and logo always in conjunction with designations specific to the EVENT provided such is (1) used only for promotional purposes and not for licensing and merchandising purposes, (2) always in full including WORLD CUP Title Sponsor, (3) never in a way which unduly creates a link between an EVENT Sponsor and the WORLD CUP as global event and (4) always in compliance with the graphical specifications provided by FIS. +Subject to art. 20, '''[[LO]]''' shall be entitled to grant the right to use the '''[[WORLD CUP]]''' name and logo always in conjunction with designations specific to the '''[[EVENT]]''' provided such is '''(1)''' used only for promotional purposes and not for licensing and merchandising purposes, (2) always in full including WORLD CUP Title Sponsor, (3) never in a way which unduly creates a link between an '''[[EVENT]]''' Sponsor and the '''[[WORLD CUP]]''' as global event and (4) always in compliance with the graphical specifications provided by FIS.
-18. EVENT PROGRAMME (PRINTED PROGRAMME)+== '''18. EVENT PROGRAMME (PRINTED PROGRAMME)''' ==
-LO shall issue a printed programme of good standing and quality.+ 
 +'''[[LO]]''' shall issue a printed programme of good standing and quality.
Such programme shall include the obligatory content set forth in clause 213 ICR unless such have been included in another publication. Such programme shall include the obligatory content set forth in clause 213 ICR unless such have been included in another publication.
Line 463: Line 426:
Further, the following shall be placed at FIS disposal free of charge: Further, the following shall be placed at FIS disposal free of charge:
-The identification defined in EXHIBIT 5, FIS MARKETING RIGHTS +* The identification defined in EXHIBIT 5, FIS MARKETING RIGHTS
-The possibility to communicate a message from FIS, if requested by FIS in due time+* The possibility to communicate a message from FIS, if requested by FIS in due time
-The cover page of the printed programme shall bear the official name and logo of the FIS WORLD CUP as well as the name and logo of FIS in a prominent position. The proposed lay-out and content of the program shall be submitted to FIS for prior approval, such approval not to be unreasonably withheld or delayed.+The cover page of the printed programme shall bear the official name and logo of the '''[[FIS WORLD CUP]]''' as well as the name and logo of FIS in a prominent position. The proposed lay-out and content of the program shall be submitted to FIS for prior approval, such approval not to be unreasonably withheld or delayed.
Printing dead-lines shall be communicated in due course. Printing dead-lines shall be communicated in due course.
-19. ENVIRONMENTAL OBLIGATIONS+== '''19. ENVIRONMENTAL OBLIGATIONS''' ==
-LO acknowledges and agrees that respect for the environment is an important consideration in the organisation and staging of the EVENT and undertakes to perform their obligations and activities under this agreement in a manner which embraces the concept of sustainable development, complies with applicable environmental legislation and, whenever and wherever possible, serves to promote the protection of the environment. 
-20. ADVERTISING+'''[[LO]]''' acknowledges and agrees that respect for the environment is an important consideration in the organisation and staging of the '''[[EVENT]]''' and undertakes to perform their obligations and activities under this agreement in a manner which embraces the concept of sustainable development, complies with applicable environmental legislation and, whenever and wherever possible, serves to promote the protection of the environment.
-All advertising and commercial markings and supports used at the EVENT shall comply with the specifications set forth in the applicable FIS ADVERTISING RULES and to the relevant provisions of the FIS TV PRODUCTION GUIDELINES (see in particular but without limitation clause 1.3 and 1.4).+== '''20. ADVERTISING''' ==
-The WORLD CUP Title Sponsor rights as specified in Exhibit 5 are reserved. LO shall procure an effective enforcement and protection of all the WORLD CUP Title Sponsor rights. Upon request, it shall provide assistance and equipment (transport/tooling) for the purpose of the installation and dismantling and removal of advertising supports and infrastructures used in this respect.  
-In the interest of the single event sponsors of LO, NSA and the FIS World Cup Title Sponsor, the competition venue shall be placed ready without advertising. Any title rights for a venue may only be visible at a FIS World Cup event if there is no branch conflict with the Title Sponsor or the event sponsors, and the FIS ADVERTISING RULES are observed.+All advertising and commercial markings and supports used at the '''[[EVENT]]''' shall comply with the specifications set forth in the applicable '''[[FIS ADVERTISING RULES]]''' and to the relevant provisions of the '''[[FIS TV PRODUCTION GUIDELINES]]''' (see in particular but without limitation clause 1.3 and 1.4).
-21. TV COVERAGE+The '''[[WORLD CUP]]''' Title Sponsor rights as specified in Exhibit 5 are reserved. '''[[LO]]''' shall procure an effective enforcement and protection of all the '''[[WORLD CUP]]''' Title Sponsor rights. Upon request, it shall provide assistance and equipment (transport/tooling) for the purpose of the installation and dismantling and removal of advertising supports and infrastructures used in this respect.
-It is an essential condition for the organisation of WC COMPETITIONS that a high quality TV coverage of the EVENT be secured. Furthermore, a broad TV distribution shall constitute the priority objective. The availability of “news-style” coverage has to be guaranteed on every competition day.+In the interest of the single event sponsors of '''[[LO]]''', '''[[NSA]]''' and the FIS World Cup Title Sponsor, the competition venue shall be placed ready without advertising. Any title rights for a venue may only be visible at a FIS World Cup event if there is no branch conflict with the Title Sponsor or the event sponsors, and the FIS ADVERTISING RULES are observed.
-Agreements regarding TV production and distribution of the COMPETITIONS are to be entered by NSA in accordance with clause 208.1 ICR.+== '''[[21. TV COVERAGE]]''' ==
-NSA shall ensure that the agreement with the host broadcaster shall incorporate the FIS TV PRODUCTION GUIDELINES. The technical standard of production has to fulfil the requirements of international broadcasting companies and has to be made in such a way that each run or jump is visible from the starting point until the competitor is leaving the finish area using a minimum of 4 - 9 cameras and one slow-motion camera.  
-Further, the agreement shall include the obligation to comply with the requirements set forth in the TIMING & DATA TECHNICAL REQUIREMENTS (in particular use of standard graphical lay-outs for timing and data information and inserts).+It is an essential condition for the organisation of '''[[WC]]''' '''[[COMPETITIONS]]''' that a high quality '''[[TV]]''' coverage of the '''[[EVENT]]''' be secured. Furthermore, a broad '''[[TV distribution]]''' shall constitute the priority objective. The availability of “news-style” coverage has to be guaranteed on every competition day.
-Subject to any applicable broader legal access right, News access rights within the meaning of clause 208.6 ICR shall apply and be reserved in all TV agreements. +Agreements regarding '''[[TV production]]''' and distribution of the '''[[COMPETITIONS]]''' are to be entered by '''[[NSA]]''' in accordance with clause 208.1 ICR.
-NSA shall inform and consult FIS in connection with the negotiation of the agreements in connection with TV coverage of the COMPETITIONS (208.1 ICR). Joint venture arrangements between FIS, NSA and LO are subject to negotiation.+'''[[NSA]]''' shall ensure that the agreement with the '''[[host broadcaster]]''' shall incorporate the '''[[FIS TV PRODUCTION GUIDELINES]]'''. The technical standard of production has to fulfil the requirements of international broadcasting companies and has to be made in such a way that each run or jump is visible from the starting point until the competitor is leaving the '''[[finish area]]''' using a minimum of 4 - 9 cameras and one slow-motion camera.
-22. INSURANCE + 
 +Further, the agreement shall include the obligation to comply with the requirements set forth in the TIMING & DATA TECHNICAL REQUIREMENTS (in particular use of '''[[standard graphical lay-outs]]''' for '''timing and data information''' and inserts).
 + 
 +Subject to any applicable broader legal access right, News access rights within the meaning of clause 208.6 ICR shall apply and be reserved in all '''[[TV]]''' agreements.
 + 
 +'''[[NSA]]''' shall inform and consult '''[[FIS]]''' in connection with the negotiation of the agreements in connection with TV coverage of the COMPETITIONS (208.1 ICR). Joint venture arrangements between '''[[FIS]]''', '''[[NSA]]''' and '''[[LO]]''' are subject to negotiation.
 + 
 +== '''22. INSURANCE''' ==
 +
LO shall enter into insurance contracts providing for full coverage of its civil liability in connection with the organisation and staging of the COMPETITIONS. Such insurance shall cover i.a. the members of the Organising Committee and of the Jury, including specifically FIS' representatives which are members thereof. FIS shall be in charge of providing civil liability insurance for its officers and staff members who are not part of the Organising Committee and of the Jury. LO shall enter into insurance contracts providing for full coverage of its civil liability in connection with the organisation and staging of the COMPETITIONS. Such insurance shall cover i.a. the members of the Organising Committee and of the Jury, including specifically FIS' representatives which are members thereof. FIS shall be in charge of providing civil liability insurance for its officers and staff members who are not part of the Organising Committee and of the Jury.
Line 503: Line 471:
The insurance coverage shall be in place at the latest on the day before the first training day. Copy of the relevant insurance contract or cover shall be submitted to the Technical Delegate. The insurance coverage shall be in place at the latest on the day before the first training day. Copy of the relevant insurance contract or cover shall be submitted to the Technical Delegate.
-23. FIS/LO MUTUAL ASSISTANCE 
-FIS shall share its knowledge and expertise, which it has acquired over the years as a result of it overseeing the organisation of previous WORLD CUP EVENTS, to assist LO in relation to the planning, organisation and staging of the EVENT. In particular, FIS will provide:+== '''23. FIS/LO MUTUAL ASSISTANCE''' ==
-support by the Race Director throughout the preparation phase as well as during the event itself+ 
-support from the FIS Marketing and Communications Department+ 
-administrative support from the FIS Office staff with the provision of all relevant FIS World Cup documentation, including technical documentation, rules, quotas, info sheets+'''[[FIS]]''' shall share its knowledge and expertise, which it has acquired over the years as a result of it overseeing the organisation of previous '''[[WORLD CUP]]''' '''[[EVENTS]]''', to assist '''[[LO]]''' in relation to the planning, organisation and staging of the '''[[EVENT]]'''. In particular, '''[[FIS]]''' will provide:
-advice and support of the FIS IT Manager for timing and data issues+* support by the '''[[Race Director]]''' throughout the preparation phase as well as during the event itself
-its best endeavours to encourage and facilitate the participation of top ranked athletes+* support from the FIS Marketing and Communications Department
 +* administrative support from the FIS Office staff with the provision of all relevant FIS World Cup documentation, including technical documentation, rules, '''[[quotas]]''', info sheets
 +* advice and support of the FIS IT Manager for timing and data issues
 +* its best endeavours to encourage and facilitate the participation of top ranked athletes
 + 
 +== '''24. TERMINATION AND CONSEQUENCES OF TERMINATION''' ==
-24. TERMINATION AND CONSEQUENCES OF TERMINATION 
-FIS may terminate this agreement forthwith by giving written notice to LO and NSA in the event that:+FIS may terminate this agreement forthwith by giving written notice to '''[[LO]]''' and '''[[NSA]]''' in the event that:
-(a) NSA or LO (or any of them) commit a material breach of this agreement and, in the case of such breach being capable of remedy, does not remedy such breach within thirty (30) days of being given notice in writing specifying the breach and requiring it to be remedied. This deadline can be shortened if circumstances so require.+(a) '''[[NSA]]''' or '''[[LO]]''' (or any of them) commit a material breach of this agreement and, in the case of such breach being capable of remedy, does not remedy such breach within thirty (30) days of being given notice in writing specifying the breach and requiring it to be remedied. This deadline can be shortened if circumstances so require.
(b) Any of the representations and undertakings given by NSA or LO prove to be untrue or inaccurate or are not respected and given full force and effect by or on behalf of NSA or LO; (b) Any of the representations and undertakings given by NSA or LO prove to be untrue or inaccurate or are not respected and given full force and effect by or on behalf of NSA or LO;
-(c) circumstances arise (such as, by way of example but not limitation financial situation of LO, war or civil disorder, change in the political environment) such that FIS believes that the successful organisation of the COMPETITIONS and/or the safety thereof would be threatened or jeopardised in any way.+(c) circumstances arise (such as, by way of example but not limitation financial situation of '''[[LO]]''', war or civil disorder, change in the political environment) such that FIS believes that the successful organisation of the '''[[COMPETITIONS]]''' and/or the safety thereof would be threatened or jeopardised in any way.
-If the cause of termination consists of a breach by NSA or LO of their obligations or undertakings which FIS can remedy by acting itself or by having a third party acting instead of NSA or LO, FIS shall have the right, at its sole discretion, not to terminate this agreement and to have the breach thus remedied. In such case, FIS shall be entitled to claim reimbursement of any appropriate cost incurred in this respect. +If the cause of termination consists of a breach by '''[[NSA]]''' or '''[[LO]]''' of their obligations or undertakings which FIS can remedy by acting itself or by having a third party acting instead of '''[[NSA]]''' or '''[[LO]]''', '''[[FIS]]''' shall have the right, at its sole discretion, not to terminate this agreement and to have the breach thus remedied. In such case, FIS shall be entitled to claim reimbursement of any appropriate cost incurred in this respect.
-NSA or LO may terminate this agreement forthwith by giving written notice to FIS in the event that FIS commits a material breach of this agreement and, in the case of such breach being capable of remedy, does not remedy such breach within thirty (30) days of being given notice in writing specifying the breach and requiring it to be remedied. This dead-line can be shortened if circumstances so require. +'''[[NSA]]''' or '''[[LO]]''' terminate this agreement forthwith by giving written notice to '''[[FIS]]''' in the event that FIS commits a material breach of this agreement and, in the case of such breach being capable of remedy, does not remedy such breach within thirty (30) days of being given notice in writing specifying the breach and requiring it to be remedied. This dead-line can be shortened if circumstances so require.
The right to terminate this agreement shall in any event be without prejudice to any other right or remedy of the parties. The right to terminate this agreement shall in any event be without prejudice to any other right or remedy of the parties.
-Upon termination of this agreement, FIS shall have the right to arrange at its sole discretion the organisation of the COMPETITIONS at any other venue and in co-operation with any other entities. +Upon termination of this agreement, '''[[FIS]]''' shall have the right to arrange at its sole discretion the organisation of the '''[[COMPETITIONS]]''' at any other venue and in co-operation with any other entities.
-25. INDEMNITY+== '''25. INDEMNITY''' ==
-NSA and LO jointly and severally agree to protect, indemnify and hold harmless FIS from and against any and all liabilities, damages, costs and expenses (including reasonable legal fees) whatsoever and from any claims, actions or judgements whatsoever (whether brought or threatened) arising directly or indirectly out of or in any way connected with claims linked with NSA and/or LO’s acts or omissions in connection with the organisation and staging of the EVENT (or any part or aspect thereof) where such acts or omissions are in breach of their obligations and duties pursuant to this agreement. 
-FIS agree to protect, indemnify and hold harmless NSA and/or LO from and against any and all liabilities, damages, costs and expenses (including reasonable legal fees) whatsoever and from any claims, actions or judgements whatsoever (whether brought or threatened) arising directly or indirectly out of or in any way connected with claims linked with FIS' acts or omissions in connection with the organisation and staging of the EVENT (or any part or aspect thereof) where such acts or omissions are in breach of FIS obligations and duties pursuant to this agreement.+'''[[NSA]]''' and '''[[LO]]''' jointly and severally agree to protect, indemnify and hold harmless FIS from and against any and all liabilities, damages, costs and expenses (including reasonable legal fees) whatsoever and from any claims, actions or judgements whatsoever (whether brought or threatened) arising directly or indirectly out of or in any way connected with claims linked with '''[[NSA]]''' and/or LO’s acts or omissions in connection with the organisation and staging of the '''[[EVENT]]''' (or any part or aspect thereof) where such acts or omissions are in breach of their obligations and duties pursuant to this agreement.
 + 
 +'''[[FIS]]''' agree to protect, indemnify and hold harmless '''[[NSA]]''' and/or LO from and against any and all liabilities, damages, costs and expenses (including reasonable legal fees) whatsoever and from any claims, actions or judgements whatsoever (whether brought or threatened) arising directly or indirectly out of or in any way connected with claims linked with FIS' acts or omissions in connection with the organisation and staging of the '''[[EVENT]]''' (or any part or aspect thereof) where such acts or omissions are in breach of FIS obligations and duties pursuant to this agreement.
 + 
 +== '''26. WAIVER''' ==
-26. WAIVER 
No delay or failure by either party to exercise any of its rights or remedies under this agreement shall operate as a waiver by that party of any such rights or remedies and such rights and remedies may be exercised at any time and as often as the party entitled to such rights or remedies deems fit. No delay or failure by either party to exercise any of its rights or remedies under this agreement shall operate as a waiver by that party of any such rights or remedies and such rights and remedies may be exercised at any time and as often as the party entitled to such rights or remedies deems fit.
-27. ASSIGNMENT+ 
 +== '''27. ASSIGNMENT''' ==
 + 
This agreement is personal to the parties and, except as provided otherwise in this agreement, neither party may assign, transfer or sub-licence any of its rights or obligations hereunder without the prior written consent of the other party. This agreement is personal to the parties and, except as provided otherwise in this agreement, neither party may assign, transfer or sub-licence any of its rights or obligations hereunder without the prior written consent of the other party.
-28. NO JOINT VENTURE 
-Nothing in this agreement shall be taken to constitute a joint venture between on the one hand NSA and LO (or any of them) and on the other hand FIS.+== '''28. NO JOINT VENTURE''' ==
-29. AMENDMENT 
-Any amendment to this agreement shall be in writing.+Nothing in this agreement shall be taken to constitute a joint venture between on the one hand NSA and LO (or any of them) and on the other hand '''[[FIS]]'''.
-30. NOTICES 
-All notices to be served under this agreement shall be in writing and shall be served either by registered delivery or personal delivery to the addresses below or to such other address as a party may notify in writing. Notices shall be deemed to have been received on delivery if delivered by hand and, in the case of registered delivery, forty eight (48) hours after registration.+== '''29. AMENDMENT''' ==
-NSA and LO acknowledge and agree that service by FIS of any notice hereunder on any one of them shall be deemed to be valid service of that notice by FIS on both of them.+
-Notices to FIS shall be served at the following address:+Any amendment to this agreement shall be in writing.
-FIS, INTERNATIONAL SKI FEDERATION 
-Blochstrasse 2, CH-3653 OBERHOFEN 
-Attn : Sarah Lewis, FIS General Secretary 
-Phone: + 41 33 244 61 61 
-Fax: + 41 33 244 61 71 
-Notices to NSA shall be served at the following address:+== '''30. NOTICES''' ==
 +All notices to be served under this agreement shall be in writing and shall be served either by registered delivery or personal delivery to the addresses below or to such other address as a party may notify in writing. Notices shall be deemed to have been received on delivery if delivered by hand and, in the case of registered delivery, forty eight (48) hours after registration.
 +'''[[NSA]]''' and '''[[LO]]''' acknowledge and agree that service by '''[[FIS]]''' of any notice hereunder on any one of them shall be deemed to be valid service of that notice by '''[[FIS]]''' on both of them.
 +Notices to FIS shall be served at the following address:
-Notices to LO shall be served at the following address:+*FIS, INTERNATIONAL SKI FEDERATION
 +*Blochstrasse 2, CH-3653 OBERHOFEN
 +*Attn : Sarah Lewis, FIS General Secretary
 +*Phone: + 41 33 244 61 61
 +*Fax: + 41 33 244 61 71
 +== '''31. SEVERABILITY''' ==
-31. SEVERABILITY 
In the event of any provision of this agreement shall be void or unenforceable by reason of any provision of applicable law, it shall be deleted and the remaining provisions hereof shall continue in full force and effect and, if necessary, be so amended as shall be necessary to give effect to the spirit of this agreement so far as possible. In the event of any provision of this agreement shall be void or unenforceable by reason of any provision of applicable law, it shall be deleted and the remaining provisions hereof shall continue in full force and effect and, if necessary, be so amended as shall be necessary to give effect to the spirit of this agreement so far as possible.
-32. APPLICABLE LAW & ARBITRATION+ 
 + 
 +== '''32. APPLICABLE LAW & ARBITRATION''' ==
 + 
This agreement shall be subject to Swiss Law. This agreement shall be subject to Swiss Law.
Line 583: Line 559:
Any dispute which cannot be solved amicably shall be exclusively settled by an arbitral panel of the Court of Arbitration for Sport in Lausanne (Switzerland) in accordance with the provisions of the Code of Sports-related arbitration. Any dispute which cannot be solved amicably shall be exclusively settled by an arbitral panel of the Court of Arbitration for Sport in Lausanne (Switzerland) in accordance with the provisions of the Code of Sports-related arbitration.
 +----
 +
 +Also See
 +*'''[[FIS Freestyle World Cup]]'''
 +*'''[[FIS Freestyle World Cup Rules]]'''
 +*'''[[FIS ADVERTISING RULES]]'''
 +*'''[[FIS TV PRODUCTION GUIDELINES]]'''
 +*'''[[Data Service Requirements World Cup]]'''
---- ----
-Return to [[Freestyle Skiing]] or [[FIS Freestyle World Cup]]+Return to '''[[FIS Freestyle World Cup Rules]]''', '''[[Freestyle Skiing]]''' or '''[[FIS Freestyle World Cup]]'''
[[Category:Freestyle Skiing]] [[Category:Freestyle Skiing]]
 +[[Category:FIS Freestyle World Cup]]

Current revision

can be downloaded here: [1]

Contents

[edit] FIS Freestyle World Cup Event Agreement

  • EVENT AGREEMENT
  • for the staging of Freestyle FIS World Cup races
  • between, on the one hand,
  • THE INTERNATIONAL SKI FEDERATION (hereinafter "FIS")
  • and, on the other hand
  • (hereinafter "NSA") - and -
  • (hereinafter the "LO")


WHEREAS:

  • (A) FIS is the international federation governing Cross-Country Skiing, Ski Jumping, Nordic Combined, Alpine Skiing, Freestyle Skiing and Snowboarding;
  • (B) The FIS Freestyle FIS World Cup is a series of Freestyle competitions held each winter season between athletes representing teams of various National Associations and which takes place in various sites in the world, notably at present in Europe, North America, Asia;
  • (C) FIS World Cup races result in individual race results in various disciplines, in overall rankings per discipline and an overall World Cup ranking.
  • (D) The organisation of individual FIS World Cup races is entrusted to National Ski Associations, members of FIS.
  • (E) National Associations in charge of the organisation of FIS World Cup races may delegate the organisation to an affiliated club as local organiser.
  • (F) NSA, as member of the FIS, has applied for the organisation of the FIS WORLD CUP COMPETITIONS as part of the FREESTYLE FIS WORLD CUP;
  • (G) Based on a delegation by NSA, the effective organisation of the COMPETITIONS is to be undertaken by LO acting as local organiser;
  • (H) The present agreement has the purpose of confirming the appointment of NSA and, based on NSA's delegation, of LO, as organisers of the above mentioned races and sets forth the terms and conditions applying to the COMPETITIONS organisation;

[edit] 1. DEFINITIONS

In this AGREEMENT, capitalised terms shall have the following meanings for all purposes:

COMPETITIONS” means the specific WORLD CUP COMPETITIONS, the organisation of which is the object of this agreement.

COURSE” means the area used for the purpose of COMPETITIONS including start and arrival areas, warm-up and areas adjacent to the actual competition courses. It includes the air-space above.

EVENT” means the COMPETITIONS and all the other elements of the organisation included and/or linked therewith, such as official training, presentation and award ceremonies, official invitations, press conferences etc.

"EVENT FACILITIES" means all locations, offices, reception and meeting room facilities used by the organisation for official purposes in connection with the EVENT (including award ceremonies, race offices, accreditation office, meeting rooms used for official meetings (teams captains' meetings, press conference, announcements, presentations), press centre, service infrastructures.

EVENT VENUE” means the sites and locations which are used for the purpose of the organisation of the EVENT including the COURSE and EVENT FACILITIES not included within the COURSE.

FIS” means the International Ski Federation "Fédération Internationale de Ski").

FIS ADVERTISING RULES” means the guide-lines issued by FIS in regard to advertising at WC COMPETITIONS'.

FIS TV PRODUCTION GUIDELINES” means the guide-lines issued by FIS in regard to TV coverage of i.a. WC COMPETITIONS.

FIS RULES” means all regulations issued by FIS including specifically but not limited to the FIS Statutes, the WORLD CUP RULES, the ICR, the FIS Medical Guide, the FIS Anti Doping Rules and Procedural Guidelines and the Specifications for Competition Equipment and Commercial Markings, the Freestyle Course Specification Manual, the Freestyle Judges Stands Guidelines as well as any precisions or complements thereto as issued from to time by FIS;

ICR” means the International Ski Competition Rules issued by the FIS.

"LO" (Local Organiser) means the entity which takes on the effective organisation of the COMPETITIONS, respectively the EVENT, based on delegation by its’ NSA.

NSA” means the National Ski Association to which the organisation of the COMPETITIONS is granted by FIS based on the application to the Calendar Conference, confirmation thereof by the FIS Council and the execution of this agreement.

ORGANISING COMMITTEE” means the committee which executes the effective implementation of the organisation of the COMPETITIONS, respectively of the EVENT.

"RACE DIRECTOR” means the FIS Race Director in charge of the FREESTYLE FIS WORLD CUP.

"TIMING BOOKLET” means the rules and guide lines issued by FIS in regard to technical specifications applying to timing at i.a. WC COMPETITIONS.

TIMING & DATA TECHNICAL REQURIEMENTS" means the documents FIS FREESTYLE FIS WORLD CUP TIMING & DATA TECHNICAL REQUIREMENTS issued by FIS in regard to requirements and standards applying to in particular timing, data and respectively publication thereof on documents, TV or the internet.

"WC COMPETITIONS" means races that are part of the FIS WORLD CUP.

"WC RULES" means the Rules for the Freestyle FIS World Cup, together with any amendment and/or precision thereof as from to time issued by the FIS. In the context of this agreement, WC RULES refers more specifically to the Rules for the Freestyle FIS World Cup together with any amendment and/or precision thereof as issued from the time by the FIS Council on proposal of the Freestyle Committee.

"WORLD CUP" means the Freestyle FIS World Cup abbreviated as WC.

[edit] 2. APPOINTMENT OF THE ORGANISERS

This agreement confirms NSA's appointment to organise the COMPETITIONS, respectively the EVENT as part of the calendar for the season established by the FIS Conference and confirmed subsequently by the FIS Council.

Based on the delegation of NSA, the LO is appointed to act as race organiser in accordance with clause 202.1.3 of the INTERNATIONAL SKI COMPETITION RULES ("ICR").

NSA and LO hereby accept their appointment in accordance with the terms hereof.

Notwithstanding any specification in this agreement, NSA and LO shall be jointly and severally liable for a proper organisation in accordance with the terms of this agreement.

[edit] 3. BASIS OF APPOINTMENT

  • 3.1 FIS RULES and undertakings

The appointment in accordance with clause 2 above is based on the terms and conditions applying to the organisation of WC COMPETITIONS as set forth in the FIS RULES and more specifically in:

Furthermore, WC COMPETITIONS shall be conducted in strict observance of all applicable FIS RULES.

NSA and LO consequently acknowledge and undertake that they will implement the organisation of the COMPETITIONS, respectively of the EVENT in strict compliance with all the FIS RULES applicable to WC COMPETITION’S organisation and shall, as an integral part of their obligations under this agreement:

  • observe all obligations of the WC COMPETITION organisers set forth in the above mentioned FIS RULES and
  • take all appropriate measures within their control to procure that the COMPETITIONS (including any element of the EVENT Programme directly relating to their organisation) can be effectively organised and held in compliance with the above mentioned applicable rules.
  • for the avoidance of doubt and subject to FIS’ expressed written permission to the contrary, LO shall not add any additional race to the EVENT programme.

NSA and LO further warrant and represent to FIS that all the answers, statements and representations made towards FIS during the application process were truthful and they warrant that they will respect any undertakings made during the same process on the understanding that these answers, statements, representations and undertakings form the basis of their appointment and of their obligations pursuant to this agreement in addition and complement to any obligation specifically set forth herein.

3.2 Relevant Rules / subsequent changes

The FIS RULES at the time of execution of this agreement shall form the basis of the appointment. As a matter of principle, FIS RULES shall not be amended with effect during the term of this agreement in a manner which significantly and adversely affects the interests of NSA/LO without a valid reason. In the event of such change, the parties shall look in good faith for solutions taking into account the legitimate interests of NSA/LO. In the event no such solution can be found, the NSA/LO shall have an option to opt out of the agreement.

[edit] 4. ORGANISING COMMITTEE

An Organising Committee shall be entrusted with the execution of the operational aspects of the organisation of the COMPETITIONS, respectively of the EVENT.

Such Organising Committee shall be formed by the LO. It shall include at least all the positions set forth in ICR 3020 and the persons designated by FIS in accordance with clause ICR 3012.5.

All members of the Organising Committee appointed by LO shall have the appropriate competence/experience necessary to carry out their duties. The Organising Committee shall use at least one of the FIS languages (E/F/D) in all official documents and meetings (official programme, team captains meetings, jury meetings, OC meetings with international participation, etc.).

Once formed and in operation, the Organising Committee shall execute the operational aspects of the organisation and staging of the COMPETITIONS, respectively of the EVENT and serve as FIS' contact for all purposes in connection thereto.

It is clarified that notwithstanding any position held herein by persons designated by the FIS, the Organising Committee is acting on behalf of the LO and NSA which shall in any case remain directly, responsible for the proper performance of all the obligations relating to the organisation and staging of the COMPETITIONS, respectively of the EVENT.

[edit] 5. RACE DIRECTOR / SUPERVISION

The RACE DIRECTOR and the TECHNICAL DELEGATE shall be in charge of the overall supervision of the conduct of the organisation in accordance with the FIS RULES and the terms of this agreement.

In the event a matter affecting the organisation cannot be solved in application of the FIS RULES, the RACE DIRECTOR shall be in charge to decide appropriate measures.

The RACE DIRECTOR (as Referee) is a member of the Jury and the Organising Committee, as defined in the ICR.

In addition to the supervision by the Technical Delegate and Race Director defined in the ICR, if necessary the FIS will appoint a Technical Advisor, whose role consists of overseeing the technical preparations and serving as a counsellor to LO.


[edit] 6. THE COMPETITIONS

The COMPETITIONS include the following WC COMPETITIONS to be held in ----

• XXX • XXX

It is understood and agreed that the above dates may be subject to modifications as set forth in this agreement.


[edit] 7. THE EVENT PROGRAMME & SCHEDULE

7.1 Elements of the EVENT programme

The EVENT PROGRAMME includes the following principal elements:

• The COMPETITIONS (including training, inspections, etc.) • Public Official Presentation and bib number announcement ceremonies • Winner and prize-giving ceremonies • Team Captain's Meetings and Draw

At the discretion of the LO, the EVENT PROGRAMME may further include other facultative related elements such as an official entertainment programme, official invitations, etc.

A provisional EVENT schedule is attached hereto as EXHIBIT 1.

Given the nature of WC COMPETITIONS as outdoors events subject to outside circumstances, such as weather and course conditions which may affect the COMPETITIONS themselves and/or preceding WC COMPETITIONS (modification of travel plans), the EVENT schedule may be amended at all time as necessary to secure as a priority the effective organisation of the COMPETITIONS as well as of other WC COMPETITIONS that are part of the calendar (preceding or following).

For this purpose and in particular:

  • Subject to compliance with the requirements of the FIS RULES, the dates of the COMPETITIONS and/or of training may be changed by the Jury within the period of the FIS World Cup event in Place as defined under article 6.
  • The schedule of all other elements of the EVENT Programme may be adapted as appropriate in accordance with changes having the purpose of preserving the effective organisation of the COMPETITIONS within the above period.

The effective detailed schedule of the EVENT, including all the above elements, shall be established and amended in close consultation with the FIS from time to time as necessary.

The schedule of the COMPETITIONS and of training, as well as any necessary adaptations thereof, shall be determining and have priority in the establishment of the schedule.

It is clarified that any modification of the schedule with the consequence of COMPETITIONS to be held outside of the period set forth above, requires the agreement of the Organising Committee. It is also clarified that modifications due to circumstances at other WC Events may not be implemented without the agreement of the Organising Committee, unless they do not result in a change of the date on which a particular COMPETITION is scheduled to be held (i.e. may affect training only) or they are due to changes of the travel circumstances affecting arrival of participants beyond control of the FIS (i.e. in particular changes in the arrival which are not a necessary consequence of a postponement of a previous WC COMPETITIONS which would render a timely arrival impossible given the existing travel possibilities).

LO shall provide to FIS for its approval at the latest 90 days in advance of the scheduled date of the first RACE a detailed EVENT Programme setting forth the planned schedule and adequate details (e.g. location, environment, speakers etc.) of each element of the Programme other than the COMPETITIONS and trainings.

As a general undertaking under this agreement, the LO shall organise, respectively take all the necessary measures and/or provide all necessary infrastructures, support and services necessary for the proper organisation of all the elements of the EVENT PROGRAMME.

Such obligation shall apply strictly in connection with the organisation of the COMPETITIONS with the applicable FIS RULES and all the elements of the Programme which are directly and necessarily linked with such organisation, such as official training, tests, Team Captain's meetings, official presentations and award ceremonies. It is clarified that other elements of the EVENT Programme which have solely entertainment purposes and which have been proposed by LO as a complement to the core EVENT Programme (such as invitations, entertainment programme, etc.) may be changed or suppressed by the LO after consultation with FIS to the extent such modification or suppression does not affect the organisation of the COMPETITIONS and are not covered by specific binding undertakings given to the FIS in the course of the application process. This applies also to entertainment programmes around core elements (e.g. changes in the entertainment around the athlete’s and/or bib numbers' presentation). However, once the EVENT Programme has been finalised, approved by FIS, LO shall use all its very best efforts to implement in full including the elements which have only entertainment purposes and for which no binding commitment exists.

7.2 Consequence of cancellation of COMPETITIONS/EVENTS

All cancelled COMPETITIONS / EVENTS return to FIS. COMPETITIONS, which have to be cancelled due to "force majeure", or non-fulfillment of requirements may, in exceptional cases, be re-allocated or rescheduled. Reference is made to article 1.5 and 1.6 of the Freestyle FIS World Cup Rules.

In case of cancellation due to "force majeure" and without prejudice to any other solution to be decided by FIS, NSA may submit a proposal for appropriate re-allocation.

[edit] 8. EVENT VENUE

8.1 In general

The EVENT VENUE including the COURSE and all the EVENT FACILITIES have been inspected as part of the application procedure. The inspection report including answers and undertakings given by LO is annexed hereto as EXHIBIT 2 and shall form an integral part of this agreement.

The EVENT VENUE shall include i.a. appropriate facilities to conduct Anti-Doping controls according to the specifications described in the Procedural Guidelines of the FIS Anti-Doping Rules.

Further, it shall include an appropriate facility to conduct equipment control (closed tented area within the arrival area). LO undertakes to maintain or, to the extent required in the inspection report, improve the EVENT VENUE. Any material change in any element of the EVENT VENUE or delay in improvement or installation to get all elements of the EVENT VENUE ready in accordance with requirements set forth in the inspection report shall be immediately notified to FIS.

Access to the EVENT VENUE shall be granted upon request of the RACE DIRECTOR for the purpose of additional inspections during the preparation period.

All elements of the EVENT VENUE shall be prepared and be operational in due time for the proper organisation of the EVENT.

8.2 COURSES AND TECHNICAL INSTALLATIONS

COURSES used for competition

LO must build and prepare the courses and the technical installations according to the ICR, the Freestyle FIS Course Specifications Manual Freestyle, Judges Stand Specifications and the instructions of the FIS Race Director, the Technical Delegate and/or the FIS Technical Advisor.

LO shall regularly report on the state of preparation of the COURSES and more specifically but not limited thereto, on the snow conditions in the period preceding the scheduled dates of the COMPETITIONS.

An appropriate preparation and maintenance of the COURSES is of the essence of this agreement. LO consequently agrees that it shall take all possible measures to ensure that the courses be ready in the best possible conditions to be used for training and the COMPETITIONS.

The LO is responsible that the course shall be secured in accordance with the prevailing standards for the event concerned.

The COURSE includes start and finish areas which shall be designed and equipped in accordance with the specifications and guidelines issued by FIS.

Use of alternative courses and/or adaptation of the COURSES shall be determined by the RACE DIRECTOR.

[edit] 9. ATHLETES, TEAMS PERSONNEL AND FIS OFFICIALS

9.1 Qualification

Registered athletes qualified in accordance with WC RULES and within the applicable quotas have to be entered for the COMPETITIONS, subject to timely registration by their respective National Ski Association.

9.2 Accommodation and board / travel

The LO shall comply with the requirements set forth in this respect in the WC RULES.

The LO shall accordingly:

  • Provide accommodation and board for athletes and team officials within the applicable quotas and during the specified periods.
  • Procure that the maximum price set forth in the WC RULES be respected within the applicable quotas.
  • Provide free of charge the service areas necessary for the storage and preparation of skis either within the hotels or in a separate facilities (containers).
  • Provide parking close to the competition areas. Provision of parking is subject to local circumstances which may result in limited or no availability. Subject to the same, parking facilities shall also be provided to service personnel of hardware suppliers in appropriately limited numbers.

Accommodation and board shall be provided at the level of quality set forth in the WC RULES.

In the event, LO fails to provide accommodation for the qualified athletes and officials and/or to secure observance of maximum prices, the National Ski Association(s) concerned shall have a claim for payment for expenses not covered, respectively for reimbursement of the amounts of supplementary costs incurred by the National Associations and shall, if necessary, be entitled to exercise such claim directly against LO through arbitration in accordance with clause 32 below (subject to an agreement between the concerned parties to submit the matter to another court or arbitration court).

Notwithstanding the above, FIS shall alternatively be entitled to claim the concerned amount from NSA in its own name but on account of the concerned National Associations from NSA, and NSA shall in turn have a corresponding claim against LO (including for its own claim if any), all such claims being subject to arbitration in accordance with clause 32 below (subject to an agreement between the concerned parties to submit the matter to another court or arbitration court).

Service personnel and representatives of hardware equipment companies who are not entered as service personnel on the entry forms of a National Association are not entitled to the specified maximum price conditions for team officials. However, the LO shall use its best efforts to assist with accommodation of the persons set forth on the Equipment company list provided by FIS.

9.3 Travel, Accommodation and Board for FIS Officials

The LO must provide free accommodation and full board for the following FIS officials:

  • FIS Representative / Race Director (1 - 2) Single Room
  • FIS Data/Timing service (4) Single Rooms
  • FIS Technical Delegate (1) Single Room
  • FIS Technical Advisor (1) Single Room
  • FIS Assistant Technical Delegate (1) Single Room
  • FIS Judges (1 Head Judge and 7 (5 HP) Judges) in Double Rooms
  • FIS Sponsor Representatives (2) Single Rooms
  • FIS Official Photographer (1) Single Room

Travel expenses and fees for the TD, Judges and FIS Data/Timing service have to be paid by LO as follows:

  • for MO and/or AE events a global fee of CHF 13'000.--
  • for HP and/or SX events a global fee of CHF 8’000.--

An invoice from the FIS Office will be sent to LO which is payable before the first training day.

Transportation to and from the airport for the above-mentioned persons or FIS Technical Officials including their equipment is to be provided free of charge by LO.

9.4 Prize-money

The LO shall make available and pay prize-money in connection with each COMPETITIONS as set forth in the WC RULES.

In the event, LO does not decide to apply a higher prize-money, the minimum prize-money shall be applicable.

In the event, LO fails to pay the applicable prize-money, the athlete(s) concerned shall have a claim for payment and shall, if necessary, be entitled to exercise such claim directly against the LO through arbitration in accordance with clause 32 below (subject to an agreement between the concerned parties to submit the matter to another court or arbitration court). Notwithstanding the above, FIS shall alternatively be entitled to claim the amount concerned from the organising NSA in its own name, but on account of the National Associations of the athletes to whom the prize money is due from the organising NSA who shall in turn have a corresponding claim against its’ LO, all such claims being subject to arbitration in accordance with clause 32 below (subject to an agreement between the concerned parties to submit the matter to another court or arbitration court).

[edit] 10. ACCREDITATION

LO shall establish an accreditation system including the standard access zones set forth in EXHIBIT 3.

LO shall grant corresponding access (i.e. corresponding accreditation) to bearers of FIS season accreditation. Further, special access cards issued by the FIS (e.g. press corridor, media centre, restricted areas within the finish area) shall be accepted. LO shall instruct its control personnel accordingly.

LO shall issue accreditation with appropriate access zones for the various groups that include athletes, team officials, servicemen, NSA officials, sponsors, partners, VIPs, special guests, etc. according to the WC RULES and the accreditation matrix in EXHIBIT 3.

LO shall also issue accreditation with appropriate access zones to specified personnel and representatives of the equipment companies providing services to teams without being entered on an entry form of a National Association. A list valid for the season bearing the names of the persons and required access shall be provided to LO by the FIS. As a matter of principle, servicemen of the equipment companies so entered shall have access rights equivalent to servicemen entered by a National Association (including access to lifts serving the COURSES).

In all cases, access to the actual COURSES is restricted and subject to specific additional special on course permits issued under the control of the RACE DIRECTOR and/or TECHNICAL DELEGATE.

LO may issue accreditation to persons who are not bearers of FIS season accreditation. In such case however, issuance of an accreditation giving access to any competition area shall be subject to the concerned person applying for FIS ad hoc accreditation by executing the application form set forth in EXHIBIT 4.

The application shall be forwarded to FIS without delay. In the event the application is rejected by FIS, the accreditation issued by LO shall be withdrawn.

A person under a sanction of ineligibility issued by FIS or by another entity when such has to be recognised notably in accordance with the FIS Anti-Doping Rules may not be given an accreditation valid in connection with the EVENT during the ineligibility period.

[edit] 11. SAFETY EQUIPMENT

Safety equipment used on COURSES shall comply with the applicable technical standards.

Safety equipment including in particular safety-nets and other protection equipment shall be checked every year.

Advertising banners on the competition COURSE shall be affixed to lightweight construction frames or to easily breakable splinter-proof plastic poles with a height of approx. 150 cm above the snow. The fixation system for advertising banners shall enable easy release of the banner from the support structure.

[edit] 12. TECHNICAL INSTALLATIONS & SERVICES

12.1 Communication For all international competitions, there must be direct communication between the Start and the Finish. In the data service area, access to the internet (at least ADSL speed) is required.

12.2 Data & Timing LO agrees to the exclusive right for the provision of Data and Timing services through the companies designated by FIS in order to guarantee a high technical standard of measuring systems and evaluation (e.g. for TV, print, FIS live timing, commentator info) and to assure a corporate identity of the TV graphics and print material for all FIS World Cup events. LO has to respect all items detailed in the “TIMING & DATA TECHNICAL REQURIEMENTS “.

The corresponding advertising rights set forth, in particular on screen inserts, on site banners and markings/ logo/name on lists and publications shall be duly respected and implemented by NSA/LO.

LO must publish and distribute the actual FIS World Cup standings which have been transmitted from the FIS data service to the FIS, press, team leaders and officials both before and after the races.

The data and timing generated from all FIS World Cup competitions is at the disposal of FIS, the Organiser, National Ski Association and participants for use in their own publications, including websites. Use of data and timing on websites is subject to the conditions laid down in the FIS Internet Policies.

12.3 Additional Data Services

Any additional services beyond the standard results service, i.e. scoreboard feeds, TV Graphics are at an additional cost and are to be contracted separately between LO and the FIS Data Service.

[edit] 13. CONDUCT OF COMPETITIONS

All competitive aspects shall be organised and conducted in strict compliance with the provisions of the ICR specified by the WC RULES. LO shall strictly comply with all the above rules and requirements, respectively take all appropriate measures within its power to secure their application. It shall duly perform all the duties and obligations arising therefrom, which shall form an integral part of its duties and obligations under this agreement and non compliance therewith shall constitute a breach of this agreement.

[edit] 14. FORERUNNERS

LO shall arrange the following number of qualified forerunners (athletes with FIS Points):

[edit] 15. RESCUE – MEDICAL SUPPORT REQUIREMENTS

LO shall set up and operate during all competition times (training and COMPETITIONS) an appropriate rescue service. Medical Support Requirements for FIS Event Organisers are given in the ICR, 221.6 as well as Chapter 1 of the FIS MEDICAL GUIDE.


[edit] 16. PRESS & MEDIA

16.1 General LO shall ensure adequate working conditions and a high service for the press and media.

The Press & Media Service of the EVENT shall be established and operated in conformance with the instructions of the FIS PR and Media Committee, the FIS Communications Department as well as the International Association of Ski Journalists (AIPS).

16.2 Press Accreditation

Appropriate accreditations have to be issued for the different categories of press and media representatives (written press, photographers, radio, TV, etc). The press and media representatives who are bearers of FIS season accreditations and special access cards shall be granted direct access and/or corresponding accreditation at the EVENT. The LO will receive a list of all FIS season accreditation holders on request.

In any event however, specific application to LO shall be necessary for hotel room reservations, special wishes concerning working facilities and equipment in the press centre, etc.

16.3 Personnel

In order to secure an appropriate level of service, LO shall designate at least the following persons in charge of press and media related functions:

  • An experienced Chief of Press
  • A Photographer's Coordinator responsible for the photographer’s service

16.4 Press & Media Facilities

LO shall set up as part of the EVENT FACILITIES an appropriately equipped press centre as well as the necessary working facilities for accredited media and photographers. Depending on local circumstances, a sub press centre may have to be installed at or in the vicinity of the COURSE.

Specific areas, places and corridors have to be arranged at the COURSE including specifically the finish area, in order to provide adequate working conditions for the written press, photographers, film teams, etc. They shall be adapted to the number of journalists and be appropriate to conduct all the press and media activities including unilateral interviews, live radio broadcasts etc.

16.5 Communication access and charges

LO shall provide free access to telephone and telecommunication lines in the press centre.

However, usage fees for effective communications and specific services such as WIFI can be charged at cost by LO or directly by the companies providing the service. LO shall not apply a margin over its cost price nor receive any commission on usage fees.

LO shall provide to accredited press and media representatives, hotel accommodation of a good standard at favourable conditions in the nearby area.

16.6 Press information service / Winner's Press Conference

LO shall operate before, during and after the EVENT, an active press information service. Such shall include regular communications, information meetings and press conferences.

Immediately after each COMPETITION, a press conference with the 1st, 2nd and 3rd placed competitors must be held in an appropriate room of the press centre (or sub press-centre as applicable).

16.7 Media Report

LO shall report on the media coverage generated from the competition, including measurements of the distribution of TV coverage with the number of minutes coverage, time and date of the airings, audience ratings and stations or networks where the coverage was broadcast.

Local and national print media coverage must also be reported. This report should include the date of the article and its’ length including photos.

[edit] 17. NAME OF WORLD CUP / OF THE EVENT – WORLD CUP LOGO

17.1 In general

The official name and logo of the WORLD CUP: (Title Sponsor) Freestyle FIS World Cup as well as the name and logo of FIS as shown on EXHIBIT 6 are the sole property of FIS.

LO shall have the right to use the above names and logos in full and including the title sponsor's name (with or without site indication) strictly for the purpose of the organisation of the EVENT.

17.2 EVENT Publications

LO shall have the obligation to do so whenever, it refers to the COMPETITIONS/EVENT in communication/promotion material as defined in EXHIBIT 5, FIS MARKETING RIGHTS such as:

  • On the website used as official website of the EVENT
  • The EVENT Poster(s)
  • Banners or other supports bearing the EVENT Name
  • The EVENT program (publication)
  • All publications of the EVENT, including press inserts, press releases, start and result lists and any other official publication of the EVENT.

EVENT publications may also bear the names and/or logos of other sponsors and/or technical service provider, however in a manner and fashion which does not create confusion as to the fact they are sponsors of and/or supply services to the EVENT and not to the overall WORLD CUP.

As a rule, the official name and logo of the WORLD CUP including title sponsor name as well as the name and logo of FIS shall appear at the top of the lay-out, with the other sponsors and technical suppliers at the bottom or otherwise separated as described in EXHIBIT 6 CORPORATE IDENTITY AND WORLD CUP LOGOS.

All the official publications including COMPETITION data must use the lay-outs provided by the FIS as set forth in the TIMING & DATA TECHNICAL REQURIEMENTS.

The lay out of other communication supports (whether printed and/or in a website or on any other support) used in connection with the EVENT, shall be submitted to FIS for prior approval, such approval not to be unreasonably withheld or delayed.

17.3 Use by EVENT Sponsors

Subject to art. 20, LO shall be entitled to grant the right to use the WORLD CUP name and logo always in conjunction with designations specific to the EVENT provided such is (1) used only for promotional purposes and not for licensing and merchandising purposes, (2) always in full including WORLD CUP Title Sponsor, (3) never in a way which unduly creates a link between an EVENT Sponsor and the WORLD CUP as global event and (4) always in compliance with the graphical specifications provided by FIS.

[edit] 18. EVENT PROGRAMME (PRINTED PROGRAMME)

LO shall issue a printed programme of good standing and quality.

Such programme shall include the obligatory content set forth in clause 213 ICR unless such have been included in another publication.

Further, the following shall be placed at FIS disposal free of charge:

  • The identification defined in EXHIBIT 5, FIS MARKETING RIGHTS
  • The possibility to communicate a message from FIS, if requested by FIS in due time

The cover page of the printed programme shall bear the official name and logo of the FIS WORLD CUP as well as the name and logo of FIS in a prominent position. The proposed lay-out and content of the program shall be submitted to FIS for prior approval, such approval not to be unreasonably withheld or delayed.

Printing dead-lines shall be communicated in due course.

[edit] 19. ENVIRONMENTAL OBLIGATIONS

LO acknowledges and agrees that respect for the environment is an important consideration in the organisation and staging of the EVENT and undertakes to perform their obligations and activities under this agreement in a manner which embraces the concept of sustainable development, complies with applicable environmental legislation and, whenever and wherever possible, serves to promote the protection of the environment.

[edit] 20. ADVERTISING

All advertising and commercial markings and supports used at the EVENT shall comply with the specifications set forth in the applicable FIS ADVERTISING RULES and to the relevant provisions of the FIS TV PRODUCTION GUIDELINES (see in particular but without limitation clause 1.3 and 1.4).

The WORLD CUP Title Sponsor rights as specified in Exhibit 5 are reserved. LO shall procure an effective enforcement and protection of all the WORLD CUP Title Sponsor rights. Upon request, it shall provide assistance and equipment (transport/tooling) for the purpose of the installation and dismantling and removal of advertising supports and infrastructures used in this respect.

In the interest of the single event sponsors of LO, NSA and the FIS World Cup Title Sponsor, the competition venue shall be placed ready without advertising. Any title rights for a venue may only be visible at a FIS World Cup event if there is no branch conflict with the Title Sponsor or the event sponsors, and the FIS ADVERTISING RULES are observed.

[edit] 21. TV COVERAGE

It is an essential condition for the organisation of WC COMPETITIONS that a high quality TV coverage of the EVENT be secured. Furthermore, a broad TV distribution shall constitute the priority objective. The availability of “news-style” coverage has to be guaranteed on every competition day.

Agreements regarding TV production and distribution of the COMPETITIONS are to be entered by NSA in accordance with clause 208.1 ICR.

NSA shall ensure that the agreement with the host broadcaster shall incorporate the FIS TV PRODUCTION GUIDELINES. The technical standard of production has to fulfil the requirements of international broadcasting companies and has to be made in such a way that each run or jump is visible from the starting point until the competitor is leaving the finish area using a minimum of 4 - 9 cameras and one slow-motion camera.

Further, the agreement shall include the obligation to comply with the requirements set forth in the TIMING & DATA TECHNICAL REQUIREMENTS (in particular use of standard graphical lay-outs for timing and data information and inserts).

Subject to any applicable broader legal access right, News access rights within the meaning of clause 208.6 ICR shall apply and be reserved in all TV agreements.

NSA shall inform and consult FIS in connection with the negotiation of the agreements in connection with TV coverage of the COMPETITIONS (208.1 ICR). Joint venture arrangements between FIS, NSA and LO are subject to negotiation.

[edit] 22. INSURANCE

LO shall enter into insurance contracts providing for full coverage of its civil liability in connection with the organisation and staging of the COMPETITIONS. Such insurance shall cover i.a. the members of the Organising Committee and of the Jury, including specifically FIS' representatives which are members thereof. FIS shall be in charge of providing civil liability insurance for its officers and staff members who are not part of the Organising Committee and of the Jury.

The insurance to be established by LO shall provide cover for an amount of at least CHF 3'000'000.-- (three millions Swiss Francs) for each occurrence .

The insurance coverage shall be in place at the latest on the day before the first training day. Copy of the relevant insurance contract or cover shall be submitted to the Technical Delegate.


[edit] 23. FIS/LO MUTUAL ASSISTANCE

FIS shall share its knowledge and expertise, which it has acquired over the years as a result of it overseeing the organisation of previous WORLD CUP EVENTS, to assist LO in relation to the planning, organisation and staging of the EVENT. In particular, FIS will provide:

  • support by the Race Director throughout the preparation phase as well as during the event itself
  • support from the FIS Marketing and Communications Department
  • administrative support from the FIS Office staff with the provision of all relevant FIS World Cup documentation, including technical documentation, rules, quotas, info sheets
  • advice and support of the FIS IT Manager for timing and data issues
  • its best endeavours to encourage and facilitate the participation of top ranked athletes

[edit] 24. TERMINATION AND CONSEQUENCES OF TERMINATION

FIS may terminate this agreement forthwith by giving written notice to LO and NSA in the event that:

(a) NSA or LO (or any of them) commit a material breach of this agreement and, in the case of such breach being capable of remedy, does not remedy such breach within thirty (30) days of being given notice in writing specifying the breach and requiring it to be remedied. This deadline can be shortened if circumstances so require.

(b) Any of the representations and undertakings given by NSA or LO prove to be untrue or inaccurate or are not respected and given full force and effect by or on behalf of NSA or LO;

(c) circumstances arise (such as, by way of example but not limitation financial situation of LO, war or civil disorder, change in the political environment) such that FIS believes that the successful organisation of the COMPETITIONS and/or the safety thereof would be threatened or jeopardised in any way.

If the cause of termination consists of a breach by NSA or LO of their obligations or undertakings which FIS can remedy by acting itself or by having a third party acting instead of NSA or LO, FIS shall have the right, at its sole discretion, not to terminate this agreement and to have the breach thus remedied. In such case, FIS shall be entitled to claim reimbursement of any appropriate cost incurred in this respect.

NSA or LO terminate this agreement forthwith by giving written notice to FIS in the event that FIS commits a material breach of this agreement and, in the case of such breach being capable of remedy, does not remedy such breach within thirty (30) days of being given notice in writing specifying the breach and requiring it to be remedied. This dead-line can be shortened if circumstances so require.

The right to terminate this agreement shall in any event be without prejudice to any other right or remedy of the parties.

Upon termination of this agreement, FIS shall have the right to arrange at its sole discretion the organisation of the COMPETITIONS at any other venue and in co-operation with any other entities.

[edit] 25. INDEMNITY

NSA and LO jointly and severally agree to protect, indemnify and hold harmless FIS from and against any and all liabilities, damages, costs and expenses (including reasonable legal fees) whatsoever and from any claims, actions or judgements whatsoever (whether brought or threatened) arising directly or indirectly out of or in any way connected with claims linked with NSA and/or LO’s acts or omissions in connection with the organisation and staging of the EVENT (or any part or aspect thereof) where such acts or omissions are in breach of their obligations and duties pursuant to this agreement.

FIS agree to protect, indemnify and hold harmless NSA and/or LO from and against any and all liabilities, damages, costs and expenses (including reasonable legal fees) whatsoever and from any claims, actions or judgements whatsoever (whether brought or threatened) arising directly or indirectly out of or in any way connected with claims linked with FIS' acts or omissions in connection with the organisation and staging of the EVENT (or any part or aspect thereof) where such acts or omissions are in breach of FIS obligations and duties pursuant to this agreement.

[edit] 26. WAIVER

No delay or failure by either party to exercise any of its rights or remedies under this agreement shall operate as a waiver by that party of any such rights or remedies and such rights and remedies may be exercised at any time and as often as the party entitled to such rights or remedies deems fit.


[edit] 27. ASSIGNMENT

This agreement is personal to the parties and, except as provided otherwise in this agreement, neither party may assign, transfer or sub-licence any of its rights or obligations hereunder without the prior written consent of the other party.


[edit] 28. NO JOINT VENTURE

Nothing in this agreement shall be taken to constitute a joint venture between on the one hand NSA and LO (or any of them) and on the other hand FIS.


[edit] 29. AMENDMENT

Any amendment to this agreement shall be in writing.


[edit] 30. NOTICES

All notices to be served under this agreement shall be in writing and shall be served either by registered delivery or personal delivery to the addresses below or to such other address as a party may notify in writing. Notices shall be deemed to have been received on delivery if delivered by hand and, in the case of registered delivery, forty eight (48) hours after registration. NSA and LO acknowledge and agree that service by FIS of any notice hereunder on any one of them shall be deemed to be valid service of that notice by FIS on both of them.


Notices to FIS shall be served at the following address:

  • FIS, INTERNATIONAL SKI FEDERATION
  • Blochstrasse 2, CH-3653 OBERHOFEN
  • Attn : Sarah Lewis, FIS General Secretary
  • Phone: + 41 33 244 61 61
  • Fax: + 41 33 244 61 71

[edit] 31. SEVERABILITY

In the event of any provision of this agreement shall be void or unenforceable by reason of any provision of applicable law, it shall be deleted and the remaining provisions hereof shall continue in full force and effect and, if necessary, be so amended as shall be necessary to give effect to the spirit of this agreement so far as possible.


[edit] 32. APPLICABLE LAW & ARBITRATION

This agreement shall be subject to Swiss Law.

Any dispute which cannot be solved amicably shall be exclusively settled by an arbitral panel of the Court of Arbitration for Sport in Lausanne (Switzerland) in accordance with the provisions of the Code of Sports-related arbitration.


Also See


Return to FIS Freestyle World Cup Rules, Freestyle Skiing or FIS Freestyle World Cup

Personal tools