WVMBA 2009

Event Sanctioning Agreement

 

THIS WVMBA EVENT SANCTIONING AGREEMENT is made this ______ day of _______________________, 2009, by and between THE WEST VIRGINIA MOUNTAIN BIKE ASSOCIATION, a non-profit West Virginia corporation, (hereinafter referred to as WVMBA) Party of the First Parts, and ______________________________________, a mountain bike event promoter or organization, (hereinafter referred to as THE PROMOTER) Party of the Second Part; WHEREAS, WVMBA is the sanctioning body for mountain bike events in West Virginia and is the owner, organizer and promoter of the “The West Virginia Point Series,” a mountain bike race series currently operating throughout West Virginia; and WHEREAS, THE PROMOTER desires to produce a WVMBA SANCTIONED EVENT; and WHEREAS, WVMBA desires to designate THE PROMOTER as a WVMBA EVENT PROMOTER and the _______________________________________________________________ as a WVMBA SANCTIONED EVENT. NOW THEREFORE WITNESSETH: In accordance with the above recitals and in consideration of the mutual promises and covenants herein, the parties agree as follows:

 

I.         AGREEMENTS OF WVMBA:

A.    WVMBA SANCTION: WVMBA grants to THE PROMOTER  for the term of this agreement a WVMBA sanction; such that hereafter, the _________________________________________________________ shall be known, designated and referred to as a “WVMBA sanctioned event”, and/or as “sanctioned by WVMBA”; this designation is not exclusive, other events will be sanctioned and THE PROMOTER may sanction additional events through WVMBA.

B.    LIABILITY INSURANCE: WVMBA will provide a one-million dollar liability insurance for THE PROMOTER, and the event’s land owner(s).

C.    SECONDARY MEDICAL COVERAGE: WVMBA will provide a ten-thousand dollar, zero deductible, secondary medical coverage insurance for all participants in THE PROMOTER’s event.

D.    STANDARD REGISTRATION & RELEASE FORMS: WVMBA will provide to THE PROMOTER upon request, a standard registration and release form which THE PROMOTER may use to enter participants into the event. THE PROMOTER may reproduce the form or WVMBA will make multiple copies at a rate of 10 cents each.

E.     ADVERTISING: WVMBA will provide THE PROMOTER the following advertising opportunities for each sanctioned event: 1.) A listing in The WVMBA Sanctioned Events Race Schedule, to be published in Dirt Rag Magazine. 2.) A continuous listing on the WVMBA web site (www.WVMBA.com). 3.) One (1) event details web page on iPlayOutside.com and 5000 4”x9” Rack Cards with The WVMBA Sanctioned Events Race Schedule printed and distributed.

F.     MAILING LIST: WVMBA will provide to THE PROMOTER preprinted mailing labels from the most current WVMBA mailing list for a nominal cost of five (5) cents each, said mailing list will be made available on a one-time use basis and offered to non-WVMBA organizations for thirty (30) cents each.

G.    BOARD MEMBERSHIP: WVMBA grants the right to THE PROMOTER to designate one (1) representative to sit on the WVMBA Board of Directors, furthermore the promoter will be given one (1) vote at WVMBA board meetings.

H.    STANDARD RULES AND CLASSIFICATIONS: WVMBA will provide to THE PROMOTER a set of WVMBA’s Standard Rules and Regulations for the purpose of conducting THE PROMOTER’s event. WVMBA race classifications will represent the minimum set of classes and categories to which THE PROMOTER must adhere.

I.      WVMBA OFFICIAL: WVMBA will provide a WVMBA Official to THE PROMOTER for the purpose of overseeing the sale of WVMBA memberships, confirming racer’s membership, calculation and collection of THE PROMOTER’s fees, event management consultation and assistance in rules & regulations rulings.

J.     POINT SERIES DESIGNATION: WVMBA will designate Point Series Races to be included in THE WVMBA Point Series. Events do not become eligible for Point Series designation until the second year of WVMBA sanctioning. Designation of an event as a WVMBA Point Series event is merit based; however, other factors may be considered, including age of the event, time-of-year, geographic location, etc. Designation of Point Series Events will be made by the WVMBA Board of Directors.

K.    POINT SERIES SCORING: For THE PROMOTER whose event(s) have been designated as WVMBA Point Series Events, WVMBA will maintain scoring and results for the WVMBA Points Series.

L.    POINT SERIES CASH AND PRIZES: WVMBA will distribute a total purse of $5,000 cash and $5,000 retail value in product to top qualifying finishers in each class (minimum of top three (3) qualifying) in the WVMBA Point Series.

II.       AGREEMENTS OF THE PROMOTER:

A.    SANCTION FEES: THE PROMOTER will pay to WVMBA a sanction fee of $3.65 per person per day. This fee will be calculated after the event(s) and submitted to WVMBA within five (5) days after the event(s).

B.    ONE DAY NON-WVMBA FEES & WVMBA MEMBER DISCOUNT: THE PROMOTER will build-in $5.00 to the advertised cost of entry fees for non-WVMBA members; a $5.00 discount will be provided to all WVMBA members and THE PROMOTER will pay WVMBA $5.00 for each non-WVMBA member participating in the event.  This fee will be calculated after the event(s) and submitted to WVMBA within five (5) days after the event(s).

C.    INSURANCE DATA SUBMISSION: THE PROMOTER will provide the legal names and addresses of parties to be listed as insured on the event’s McKay Insurance form, provided by WVMBA no later than two weeks prior to the event; this would include the organizer or organizing body and any land owners or government land agencies.

D.    RELEASE FORMS: THE PROMOTER will require all participants to sign a WVMBA approved release form prior to participation in the event(s); THE PROMOTER will keep these release forms for a period of no less than three (3) years.

E.     EVENT RESULTS REPORTING: THE PROMOTER will provide an electronic copy of race results to iPlayOutside within two (2) days after the event.  These results will be type-written and provided as a simple text document, html document, word processing file, spreadsheet file, or database.

F.     RACER DATA SUBMISSION: THE PROMOTER will provide the names and addresses of all the event participants to WVMBA within five (5) working days after the event.

G.    WVMBA OFFICIAL VOLUNTEERING: THE PROMOTER will volunteer to be the WVMBA Official for at least one other WVMBA sanctioned event during the year, for each event sanctioned by WVMBA for THE PROMOTER. THE PROMOTER may not be the WVMBA Official for THE PROMOTER’s event(s).

H.    DEPOSITS AND PAYMENTS: THE PROMOTER agrees to pay WVMBA a $100 non-refundable deposit by March 30, 2009. In the event that THE PROMOTER’s event is designated as a WVMBA Point Series Event and THE PROMOTER accepts this designation, THE PROMOTER will pay WVMBA the amount of $350 within five (5) working days following the event.

I.      WVMBA RACE DETAILS SUBMISSION: THE PROMOTER will provide to iPlayOutside electronic copies of all event related materials desired for publication on an event details page.  iPlayOutside reserves the right to refuse publication of any material deemed inappropriate or unsuitable for public web content.

J.     CONSIDERATION FOR SERIES SPONSORS: THE PROMOTER will provide a high-profile location for the placement of banners or other advertising for WVMBA and the WVMBA Point Series Sponsors.  Said banners/advertising will be installed by a WVMBA Official.  THE PROMOTER will provide an exposition space for WVMBA to sell memberships and merchandise and will provide the WVMBA Point Series sponsor high profile banner space.

K.    EMERGENCY MEDICAL TECHNICIANS: THE PROMOTER will provide licensed emergency medical technicians at any WVMBA sanctioned event for racers injured during WVMBA Sanctioned Event. Failure of THE PROMOTER to provide emergency medical technician services during WVMBA Sanctioned Event shall be considered a breach of this event sanctioning agreement and subject THE PROMOTER and/or the WVMBA Sanctioned Event, at the discretion of WVMBA, to forfeiture of past, present and future WVMBA sanctioning, loss of “point series” rights and any other measure deemed appropriate by WVMBA.

III.     MUTUAL AGREEMENTS:

A.    TERM OF AGREEMENT: This agreement shall run for a term of approximately eleven (11) months, beginning as of the date of this Agreement first written above, and ending on the 31st day of December, 2009;

B.    OWNERSHIP OF SERIES: This agreement does not convey ownership of the “WVMBA Point Series,” which remains the sole property of WVMBA; this agreement conveys only certain services and advertising & promotion rights to THE PROMOTER as set out more particularly herein;

C.    ASSIGNMENT: This agreement may not be assigned by either party without prior written consent of the non-assigning party;

D.    TERMINATION: THE PROMOTER shall have the option to terminate this agreement in the event WVMBA fails to fulfill its obligations as stated herein.  WVMBA shall have the option to terminate this agreement in the event THE PROMOTER fails to make the schedule payments or fails to fulfill its obligations as stated herein.

E.     NOTICE: Any notice required to be given hereunder shall be properly given if sent by United States registered or certified mail or other qualified carrier, postage prepaid , and sent to THE PROMOTER addressed as follows:

 

__________________________________________      and if to WVMBA, addressed as follows:

 

__________________________________________      West Virginia Mountain Bike Association

                                                                                                        P.O. Box 814

__________________________________________      Davis, WV 26260

 

F.     SECTION HEADINGS: The section headings contained in this agreement are inserted as a matter of convenience and shall not form a part hereof to be used in any manner to construe any clause or clauses of this agreement.

G.    ENTIRE AGREEMENT AND MODIFICATION:  This agreement constitutes and contains the entire agreement of the parties with respect to the subject matter hereof. No modification or amendment of this agreement shall be valid unless reduced to writing and signed by an authorized representative of each party.

H.    CHOICE OF LAWS: The validity, interpretation, performance, and enforcement of this agreement shall be governed by the laws of the State of West Virginia. No provision of this agreement shall be construed against or interpreted to the disadvantage of any party by any court or other governmental or judicial authority by reason of any party having or being deemed to have drafted or dictated such provision.

 

AGREED:________________________________________                 Date:______________

                    THE PROMOTER

 

                    ________________________________________               Date:______________

                    WVMBA President