|USA Water Ski Event Sanction Agreement (REVISED 4/16/2013)|
Below is the Event contract between USA Water Ski and the Local Organizing Club, which shall be a part of the Sanction Agreement for the Event (which may include activities on different dates, as set forth in the Sanction Agreement). Please read carefully before agreeing to these terms. In all cases an authorized representative of the Local Organizing Club shall execute and approve this Event Sanction Agreement on behalf of Local Organizing Club. By agreeing to these terms, you are warranting that your event shall meet the minimum event sanctioning requirements as outlined in the Event Sanction Agreement.
This Event Sanction Agreement (this "Agreement") is made between the following entities: USA Water Ski ("USA-WS"), a New Jersey not-for-profit public benefit corporation, the event promoter(s) or director(s) identified in the attached sanction application, and all other persons or entities connected with the production of the Event and appearing as signatories to this Agreement. (All such event promoter(s), Event Organizer(s) and other signatories are referred to herein individually and collectively as "Local Organizing Club.") In consideration of the mutual concerns and promises set forth below, the adequacy of which is hereby acknowledged, USA-WS and Local Organizing Club agree as follows:
WHEREFORE, intending to be legally bound by the terms hereof, the Local Organizing Club has agreed to the terms of this Agreement on the date as indicated by his/her/its approval of this Agreement.
- Event Administration. Local Organizing Club agrees, covenants, warrants and represents that Local Organizing Club shall:
- Ensure that the Event complies with all of USA-WS’s safety requirements and guidelines, Rated Driver requirements, rules, regulations, policies, directives, decisions and all procedures set forth by USA-WS as are in effect at the time of the Event (see USA-WS website for further information);
- Collect, as trustee on behalf of USA-WS, all required USA-WS guest membership fees and annual membership fees, release forms and results (for tournaments only), and shall deliver such items to USA-WS within the time period required by USA-WS policies or this Agreement;
- Reserve/obtain permission and/or permits from local jurisdiction(s) to use the course(s), facilities, venues etc.;
- Conduct the Event in accordance with the current competitive rules as specified in the applicable USA-WS sport discipline rulebook or International Water Ski and Wakeboard Federation (IWWF) rules, as applicable.
- Accept full responsibility for the management of this Event and any parties it employs or recruits to assist with the production of said Event, including but is not limited to, the supervision of paid and non-paid employees and volunteers.
Local Organizing Club is solely responsible for complying with all applicable statutes, rules and regulations.
Local Organizing Club shall provide to USA-WS all Event permits, certificates, contracts and other similar documents or agreements upon request and within a reasonable time.
- Safety Guidelines. Local Organizing Club agrees to meet all safety requirements as specified in the USA-WS Official Safety Manual & Policy Handbook or otherwise established by USA-WS as are in effect at the time of the Event (see USA-WS website for further information). Local Organizing Club acknowledges that safety considerations may require that additional precautions or measures be taken beyond the minimum requirements established by USA-WS, and Local Organizing Club agrees to determine (in its sole discretion) and implement such reasonable measures to promote and conduct the event in a safe manner. The Local Organizing Club shall appoint a Safety Director or Coordinator as required under applicable USA-WS rules or policies in addition to such other personnel as may be required to carry out the event administration duties. If the Local Organizing Club is not able to accept or be present to perform these responsibilities, written notice of the change of the Local Organizing Club shall be submitted to USA-WS. Local Organizing Club shall not conduct the event if Local Organizing Club is not able to accept or provide for the performance of these responsibilities.
- Sanction Fee. Local Organizing Club shall promptly submit the sanction fee according to the fee schedule in the applicable USA-WS sport discipline rulebook. The appropriate sanction fee shall be submitted prior to sanction approval. In the event of a weather-related cancellation, a refund of the sanction fee shall be made to Local Organizing Club provided that written notification of cancellation of the Event is provided to USA-WS as required by this Agreement. A $25 administration fee and any applicable late fees are non-refundable in all cases.
- Financial Responsibilities. All outstanding debts to USA-WS, International Water Ski and Wakeboard Federation (IWWF) or any other USA-WS affiliates shall be paid prior to sanction approval. Local Organizing Club is financially responsible for all costs incurred in association with the Event.
- Sanction Applications. Local Organizing Club shall complete and submit all information needed to complete the Event sanction application and approval process in a timely manner. Local Organizing Club warrants that all of the minimum event sanctioning requirements for USA-WS shall be complied with, that all material changes to an already submitted sanction application shall be submitted in writing and that all other changes shall be communicated to USA-WS prior to the start of the Event (with the exception of a weekend Event cancellation, in which case Local Organizing Club shall notify USA-WS of cancellation the next business day). Falsifying, concealing or misrepresenting information in the event sanction application to USA-WS may result in either voiding or reducing the applicable insurance coverage made available to Local Organizing Club with respect to the Event.
- Membership and Waiver and Release Requirements. Local Organizing Club shall confirm that all participants and volunteers in the Event shall be members in good standing with USA-WS, and shall ensure that all participants and volunteers have completed the required USA-WS membership forms, signed the mandatory waivers and release forms, and paid the mandatory membership fees. For those persons who are not legally competent by virtue of age (i.e. a minor under eighteen (18) years of age) or mental incapacity (i.e. a mentally challenged person) to sign the required USA-WS membership and participant waiver forms, the Local Organizing Club shall ensure that a qualified parent or legal guardian completes and signs the required forms on behalf of such individuals before the Local Organizing Club allows these individuals to participate in the Event.
- Insurance. As part of sanctioning, USA-WS provides General Liability, Umbrella Liability and Participant Accident coverage for the protection and benefit of its Event Organizers, clubs, associations, sport disciplines, divisions and individual members in connection with USA-WS sanctioned events. Please refer to the Insurance Fact Summary posted on the USA-WS website for a summary of the USA-WS insurance programs, along with answers to commonly asked questions, information about how to request certificates of insurance, and instructions about how to report incidents and claims. Upon approval of sanctioning, certificates of insurance can be requested through USA-WS using the Certificate Request Form posted on the USA-WS website. Certificates of insurance will be issued upon receipt of the completed form along with the appropriate payment. USA-WS is not acting as an insurer or insurance agent. Local Organizing Club shall be bound by the written terms of the insurance policy and certificates of insurance. The insurance provided by USA-WS as part of sanctioning is not all inclusive, and coverage is subject to the terms, conditions and exclusions of the policies. Local Organizing Club is solely responsible for and shall determine the necessity of purchasing additional insurance policies and/or limits of coverage appropriate for the Event. Insurance is a benefit of sanctioning, and exclusion, separation or division cannot be made for either. Any non-traditional events, or any ancillary activities, functions or events in association with the Event, shall not be covered by USA-WS insurance unless such non-traditional events, activities, functions or events have been disclosed and prior approval has been granted by USA-WS (and the applicable insurance underwriters, as appropriate). Local Organizing Club shall be responsible to retain any and all costs not covered by USA-WS insurance.As an example, hang gliding and similar aerial type acts within a show ski show are not approved for USA Water Ski insurance coverage; see NSSA’s specific rules addressing these activities. Local Organizing Club is solely responsible for procuring any other insurance, and for costs and liabilities not covered by USA-WS insurance.
- Post Event Materials. Local Organizing Club shall ensure that all post -Event reports, results and other materials are electronically posted or submitted to USA Water Ski within the specified deadlines. Future sanctions will be withheld from those Local Organizing Clubs with ANY and ALL outstanding paperwork. These LOCs will be allowed to submit future sanction applications, but the tournament will not be published on the website nor sanction approval granted until all outstanding post-tournament reports are received from prior Events. Post event materials include, but are not limited to, collected USA-WS membership monies, completed USA-WS membership forms, signed participant waiver forms, results (with the exception of clinics, practices and exhibitions that are excluded from submitting results), incident report forms, USA-WS officials’ records and safety director reports.
- Incident Reporting/Management. Local Organizing Club shall promptly report all incidents and claims in accordance with the guidelines set forth in the Incident Reporting Procedures and Medical Claim Filing Instructions and forms posted on the USA-WS website.
- Legal Claims and Event Records. Local Organizing Club hereby covenants and agrees to cooperate in good faith with USA-WS and its agents in the event of any claims or other legal actions arising out of the Event; to maintain all business records for the Event for a period of at least seven (7) years after the Event; and to provide USA-WS access to such records. Business records include, but are not limited to, participant waiver & release forms (with the exception of waiver forms signed electronically through USA-WS’ online registration system), facility use agreements, agency permits/documents, vendor certificates of insurance, event participant census data, and accounting records. All records of incidents at the Event including incident reports and police reports shall be kept for a minimum of seven (7) years.
- Advertising. The Local Organizing Club may advertise the Event as USA-WS sanctioned, following the guidelines of the limited use of USA-WS trademark found under section eleven (11) of this Agreement. Included in the price of sanctioning, USA-WS shall advertise the Event on its website calendar. Local Organizing Club may display USA-WS banners and may advertise that the Event is sanctioned by USA-WS upon receiving written notice of approval from USA-WS.
- Limited Use of USA-WS Trademark. Local Organizing Club shall not use the USA-WS logo in such a way as to imply that USA-WS is a sponsor.
- Media Release. Local Organizing Club hereby agrees to give USA-WS and its authorized agents the right to use the Local Organizing Club and Event names on any written, photographic, audio or videotaped materials relating to the Event for advertising, promotional, commercial, educational or other purposes, and Local Organizing Club hereby waives any right to additional consideration or compensation with respect to any such use. Local Organizing Club is prohibited from making any public/formal statements regarding an incident at the Event, but instead the Local Organizing Club should direct questions from the media or others to USA-WS’s Executive Director or to USA-WS’s Communications Director for comment.
- Drug Testing. Local Organizing Club hereby acknowledges that the Event may be selected for, drug testing by USA-WS, IWWF, USOC, or United States Anti-Doping Agency (USADA). In such case, Local Organizing Club shall permit drug testing to proceed and shall comply with the Doping Control Event Packet and other protocol developed by USADA. Through USA-WS’s agreement with the USOC, drug testing rights are given to USADA. Local Organizing Club shall not conduct any drug testing without the prior written approval of USA-WS and supervision of USADA.
- Right to Terminate. USA-WS may terminate the Event’s sanction at any time if Local Organizing Club or Event fails to comply with any of the terms of this Agreement or other USA-WS requirements. If USA-WS terminates Event’s sanction, Local Organizing Club shall be reimbursed for the sanction fee, less late fees, less any USA-WS expenses and less any outstanding monies owed to USA-WS or its affiliates by Local Organizing Club (collectively, "USA-WS Expenses").
- Probation/Sanction Refusal. USA-WS has the right to impose probation or other penalties of sanction if there is reasonable evidence of Local Organizing Club’s failure to meet minimum sanctioning requirements, or for outstanding monies owed to USA-WS or its affiliates, or for safety concerns, or for any other reason(s) that may apply.
- Indemnification. Local Organizing Club and the entities responsible for the promotion or administration of the Event, hereby, jointly and severally, indemnifies and agrees to defend and hold harmless USA-WS, its Associations, Sport Disciplines and Divisions, and each of their respective officers, directors, employees, volunteers and agents (collectively, the "USA-WS Parties") for and against any and all claims, liabilities, demands, obligations, damages, costs of litigation, attorney’s fees or other expenses related to or arising out of the organization or conduct of an Event that does not meet the minimum sanctioning requirements outlined in this Agreement. Local Organizing Club HEREBY WAIVES, RELEASES, and FOREVER DISCHARGES the USA-WS Parties from any and all claims, causes of action, damages, and losses arising out of Local Organizing Club's breach or failure to abide by any part of this Sanction Agreement.
- No Agency. Local Organizing Club is not the agent of USA-WS. There is no intent to create an agency, partnership or joint venture relationship between USA-WS and Local Organizing Club of the Event. It is understood that Local Organizing Club is not employed by USA-WS and therefore USA-WS shall not provide worker’s compensation coverage or any other benefits that would be provided to USA-WS employees.
- Modifications. This Agreement represents the entire agreement between both parties with respect to the sanctioning of the Event. No modification or amendment of this Agreement or waiver of any provision of this Agreement shall be valid unless it is set forth in writing and signed by all parties to this Agreement. Local Organizing Club shall not modify nor shall Local Organizing Club allow anyone, including participants, to modify any other USA-WS documents, including, but not limited to the athlete’s participant waiver and release form.
- Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- Headings. The sections and other headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement.
WHEREFORE, by the Local Organizing Club voluntarily agreeing to these terms, Local Organizing Club warrants understanding and acceptance of all terms and conditions of this Agreement. This Agreement and its benefits are not transferable.
Event is not considered approved and/or sanctioned until this Sanction Application is approved by USA-WS headquarters.