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INDIVIDUAL SPONSORSHIP AGREEMENT

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INDIVIDUAL SPONSORSHIP AGREEMENT Powered By Docstoc
					              INDIVIDUAL SPONSORSHIP AGREEMENT
 (This contract includes the minimum terms and condition as required and
                          prescribed by the U.C.I.)


 This Contract constitutes the one and only agreement between
                      Sponsor/Rider/Club.

                                 entered into between


                         __________________________

(hereinafter "the SPONSOR" of whom the full details appear in annexure A)

    AND WHOSE PRINCIPAL PARTNERS ARE LISTED IN ANNEXURE B



                                             and

           ............................................................................
                                      (FULL NAMES)

 (hereinafter "the RIDER" of whom the full details appear in annexure C.)


   The RIDER wishes to participate in cycling road and or track races
   governed by the Regulations of the INTERNATIONAL CYCLING
   UNION (UCI) and CYCLING SOUTH AFRICA (CSA) as an official
   individual representative of the SPONSOR.

   All parties are acquainted with and declare that they will abide
   wholly by the UCI Constitution and Regulations, and those of the
   CSA.

   This having been established, it is hereby agreed as follows:




                                                                                          1
                                  Part 1

INTERPRETATION

2.1    In this agreement, unless inconsistent with or otherwise indicated by the
       context:

 “the contract of employment" means this contract between the SPONSOR and
  the RIDER.

 "the SPONSOR" means _____________________________

 "the RIDER" means _________________________________

 "the parties” means the SPONSOR and the RIDER:

 “the ICU” means the International Cycling Union

 any reference to the singular includes the plural and vice versa;

 any reference to natural persons includes legal persons and vice versa;

 any reference to a gender includes the other genders.

2.2.   Where appropriate, meanings ascribed to defined words and expressions in 2.1 above,
       shall impose substantive obligations on the parties.

2.3    The clause headings in this agreement have been inserted for convenience only and
       shall not be taken into account in its interpretation.

2.4    Words and expressions defined in any sub-clause shall, for the purposes of the clause
       be given the meaning as assigned to such words and expressions in that sub-clause.

2.5    This agreement shall be governed by and construed and interpreted in        accordance
       with the law of the Republic of South Africa.

2.6    In the event of any conflict between the provisions of this CONTRACT and the
       Regulations of the UCI, the terms of the UCI Regulations shall prevail.

                                  Part 2

ENGAGEMENT

SCOPE OF DUTIES:

The SPONSOR shall engage the RIDER, and the RIDER shall agree to be engaged
as a road/track rider.


                                                                                   2
The participation of the RIDER in events in other specialities shall be agreed upon
by the Parties case by case.

DURATION

The present contract shall be concluded for a fixed period commencing on the
_______ day of __________________ _____             ______ and expiring on the
31st December _________.

ORDINARY HOURS OF WORK

Subject to the provisions of this contract the RIDER will not be required or
permitted to work more than:

(a). 45 hours in any week;
(b). 9 hours on any day.

OVERTIME

Subject to the following provisions of this contract, the SPONSOR may
require the RIDER to work overtime:

(a)    The SPONSOR will not require the RIDER to work more than

       (i)    three hours overtime on one day; or

       (ii)   ten hours overtime in one week.

EXTENDED ORDINARY DAILY HOURS OF WORK

Despite anything else the SPONSOR and RIDER hereby agrees that the
SPONSOR may require or permit the RIDER to work up to 12 hours in a
day, including meal intervals, without receiving overtime pay.

This is subject to the following:

       (a)    The RIDER may not work more than 45 ordinary hours in any
              week;

       (b)    more than 10 hours overtime in any week;

       (c)    on more than five days in any week; or

       (d)    after 18h00 and before 06h00 the next day.




                                                                                  3
This agreement on EXTENDED ORDINARY DAILY HOURS OF WORK has to
be reviewed every twelve months calculated from the date of signing this
agreement.
MEDICAL EXAMINATION

RIDER may, at any time, be required to submit him/her self to medical
examinations by a Medical Practitioner specified by the SPONSOR in
order to asses the RIDER’S ability to perform as required in terms of this
agreement.

SAFETY

In compliance with all relevant safety and health legislation, it is expected
of the RIDER to comply with safety and health policy and guidelines. This
is a specific condition of employment.

CONFIDENTIAL INFORMATION

The RIDER may not divulge confidential information acquired during
employment with the SPONSOR. This includes information on
SPONSOR'S property, trade, business or general affairs, any trade
secrets, the working of any process and inventions carried on or used in
the business.

All manuals issued to the RIDER by the SPONSOR, are confidential and
remain the property of the SPONSOR.

The unlawful copying of documentation and computer software represents
a very serious offence for which employment may summarily be
terminated.

                                   Part 3

BENEFITS

ANNUAL LEAVE

By agreement between the PARTIES, the RIDER may take one hour of annual
leave on full remuneration for every 17 hours on which the RIDER worked or was
entitled to be paid.

The SPONSOR may reduce the RIDER's entitlement to leave in terms of this
contract by the number of days of occasional leave on full remuneration
granted to the RIDER in that leave cycle.

SICK LEAVE




                                                                                 4
The RIDER is entitled to take a maximum of 10 days sick leave in the first
year of employment.

During the first six months of continuous employment, the RIDER will only
be entitled to one day's paid sick leave for every 26 days worked.

The amount paid to the RIDER for a day's sick leave must be the same as
the remuneration payable to the RIDER for the ordinary hours the RIDER
would have worked on that day.

The SPONSOR is however not required to pay the RIDER if, on request by
the SPONSOR, he/she does not produce a medical certificate stating that
the RIDER was unable to work for the duration of the RIDER's absence on
account of sickness or injury.
The medical certificate must be signed by a medical practitioner or person
who is certified to diagnose and treat patients and who is registered with a
professional council.

                                    Part 4

REMUNERATION

SALARY

The Rider shall be entitled to a minimum gross cash amount of
______________________

If the duration of this contract is to be less than one year, the RIDER shall, over
that period, earn at least a pro-rata annual salary provided for in the preceding
paragraph.

PAYMENT OF SALARY

The SPONSOR shall pay the salary referred to above as follows:

______________________________________________________________

______________________________________________________________

______________________________________________________________

( Salary must be paid in at least four instalments, at the latest on the last working
day of each three-month period.)

Should the RIDER be suspended under the terms of the UCI Regulations or those
of its Affiliate Federations, he/she shall not be entitled to the said salary referred
to above for the part of the suspension exceeding one month.



                                                                                         5
Should the SPONSOR fail to pay to the RIDER net the salary referred above, the
RIDER shall, without summoning the SPONSOR to make payment, be fully entitled
to claim the following additional benefits:
 interest for each of the five working days in arrears starting with the fourth day
   and thereafter,
 a 1% interest for each weekday.

The total increase may not exceed 50% of the amount due.

PREMIUMS AND PRIZES

The RIDER shall be entitled to premiums and prizes won during cycling
competitions in which he/she participated for the SPONSOR, in accordance with
the Regulations of the UCI and its Affiliated Federations, including the CSA.

Premiums and prizes shall be paid as promptly as possible, but at latest on the
last working day of the month following that in which said premiums and prizes
were won, if applicable.

REGISTRATION FEES

The SPONSOR shall pay the registration fee to CYCLING SOUTH AFRICA (CSA).

The registration fees will be as follows:

Schools to Juniors (per RIDER) R300-00
All other Categories (per RIDER) R500-00.

OVERTIME

Subject to the next paragraph the SPONSOR will pay the RIDER one and
one-half times the RIDER's wage for any overtime worked.

Despite this the parties agree that it will be in the SPONSOR's sole
discretion to rather grant the RIDER who works overtime an amount of
paid time off equivalent to the difference in value between the pay received
for working overtime and the overtime pay that the RIDER is entitled to.

                                    Part 5

MISCELLANEOUS OBLIGATIONS

The RIDER may not, for the duration of the present contract, work and/or
participate in any cycling event held under the Rules and Regulation of the UCI
and/or CSA for any other SPONSOR or sponsored Team or advertise for any other
SPONSOR’s than those save in such cases as are provided for in the Regulation of
the UCI and of its affiliated Federations, and/or the written consent of his
SPONSOR.


                                                                                   6
The SPONSOR hereby undertakes to allow the RIDER to perform, in terms of this
sponsorship contract by providing him with the necessary equipment and apparel
and by permitting him to participate in a sufficient number of cycling events,
either as a member of the team or individually.

The RIDER may not participate individually in a race without the express
agreement of the SPONSOR. The SPONSOR shall be deemed to have given its
agreement if it has not replied within a period of ten days from the date of the
request. In no case may the RIDER take part in a road race within any other
structure or as a member of a mixed team and/or for any other SPONSOR,
without the written consent of his SPONSOR and CSA.

In case of a national selection, the SPONSOR, shall be required to permit the
RIDER to participate in preparatory races and programmes decided upon by the
National Federation (CSA). The SPONSOR shall authorise the National Federation
(CSA) to give the RIDER any instruction it deems necessary in connection with
and for the duration of the selection provided that it does so solely in connection
with sporting matters, in its own name and on its own behalf. The RIDER shall be
obliged to train and participate as a member of the National Team, in the sole
discretion of CSA, in the clothing and colours as provided by CSA and/or the
National Olympic Committee and/or the National Sports Council, whatever may be
applicable.

ORDER OF AVAILABILITY

The order of availability being as follows:
    The National Team has first option.
      Followed by the Provincial Team and then the Club Team only if and when
      there is an Inter Provincial or Inter Club Competition.

      Clothing to be worn.
       When selected for the National Team, National Team Kit.

       For Provincial/Club selection the rider should still be able to wear his/her
       sponsored racing shorts with Provincial/Club jersey.

In none of the aforementioned cases shall the Contract be suspended.

On the expiry of the present contract, the RIDER shall be entirely free to sign a
new contract with some other SPONSOR, subject to the provisions of the UCI and
CSA Regulations.

                                    Part 6

TERMINATION




                                                                                      7
TERMINATION OF EMPLOYMENT

Notwithstanding the legislation governing the present contract, it may terminate
before expiry, in the following cases and on the following condition:

The RIDER may terminate the present contract, without notice nor liability for
damages:

If the SPONSOR be declared bankrupt, insolvent or goes into liquidation:

If the name of the SPONSOR or its principal partners be modified during the
course of the calendar year without the approval provided for in article 1.1.057 of
the UCI Cycling Regulations;

If the SPONSOR or CO-SPONSOR withdraw as SPONSOR and the continuity of this
contract is not guaranteed or else if the main SPONSOR announces its dissolution,
the winding up of its activities or its inability to meet its commitments; if the
announcement be made for a given date, the RIDER shall perform the contract
until that date:

If the SPONSOR or CO-SPONSOR default seriously. Serious defaulter is
considered, in particular, failure to authorise the RIDER, despite his repeated
demands, to participate in competitions during a continuous period in excess of
FOUR (4) weeks or during four discontinuous periods of 7 days each, during which
period(s) at least 1 One-Day race on the International Calendar or a National
Classic took place in South Africa.

If need be, the SPONSOR shall have to prove that the RIDER was in no state to
participate in a race.

The SPONSOR may terminate the present contract after complying with the
Labour Relations Act.

NOTICE PERIODS APPLICABLE

As a general rule the following notice periods apply:

 one week, if the employee has been employed for four weeks or less;
 two weeks, if the employee has been employed for more than four weeks but
  not more than one year;
 four weeks, if the employee has been employed for one year or more.

Nothing in this contract affects the right of the SPONSOR or RIDER to
terminate this contract without notice for any cause recognised by law.

Grounds for summary dismissal includes but is not limited to a refusal to
participate in cycling races, despite being constantly summoned to do so by the



                                                                                      8
SPONSOR, and/or tested positive according to the UCI’s Antidoping Examination
Regulations.

If need be, the RIDER shall have to prove that he was in no state to participate in
a race.

Either party shall be entitled to terminate the present contract, without notice or
liability, should the RIDER be rendered permanently unable to exercise the
occupation of professional cyclist.

PAYMENT INSTEAD OF NOTICE

Instead of giving the RIDER notice the SPONSOR may:

(a)    pay the RIDER the remuneration the RIDER would have received if
       the RIDER had worked during the notice period; and

(b)    provide the RIDER with all the benefits the RIDER would have
       received during the notice period.
       If the RIDER gives notice of termination of employment, and the
       SPONSOR waives any part of the notice, the SPONSOR must pay the
       remuneration and provide the benefits unless the SPONSOR and
       RIDER agree otherwise.

DEFEASANCE

Any clause agreed upon between the parties that runs counter to the terms of the
model this contract between a rider and the SPONSOR and/or to the provisions of
CSA Constitution or Regulation and the UCI Constitution or Regulations, as far as
it is applicable and which would in any way restrict the rights of the RIDER shall
be null and void.

ARBITRATION

Should a dispute arise between the Parties regarding -

 the practical execution of the provisions of this agreement: and/or

 the interpretation of this agreement:

then in that instance the dispute will be dealt with in the following way:-

 The party raising the dispute will put it in writing and submit it to the
  management Committee of CSA. The Management Committee may, if it seems
  possible through negotiations, resolve the matter between the parties
  concerned.




                                                                                      9
 If the dispute cannot be resolved in the aforementioned way for any reason
  whatsoever then any dispute between the Parties arising from the present
  contract shall be submitted to arbitration and shall not be brought before any
  court.

 It shall be settled in accordance with the South African Law and according to
  the Regulations of CYCLING SOUTH AFRICA or, failing this, in accordance with
  the regulations of the UCI.

 CSA will appoint an objective Attorney or Advocate who has no interest in the
  matter and/or to whom none of the parties are known and who has practised
  Law in South Africa for more than ten (10) years. CSA shall appoint, in
  whatever town or city in which the arbitration proceedings are to take place,
  which must preferably take place in the Province where the main SPONSOR has
  his main place of business.
 The arbitrator will not have to act strictly in accordance with the Civil Procedure
  and Law of Evidence, and in particular the requirements for the delivery of
  pleadings, evidence and/or discovery affidavits, but the proceedings will be
  kept as simple as possible and any party to this contract will have the right to
  legal representation.

 The arbitrator will, in the beginning request the parties to put their complaints
  in writing and present same to him, for consideration an he, in his discretion,
  shall then determine a date and time, when the hearing will be held.

 The arbitrator can, in his discretion, award a costs order against that party,
  which he finds guilty.
 The judgement or verdict given by the arbitrator can and may be made an
  order of any competent Court.

The parties hereto agree to be bound by the decision of the Arbitrator, which shall
not be appealable.

                                   Part 7

ADVERTISING

The cyclist shall wear the advertising, be it in the form of numbering; lettering;
logos; trade or service marks; or colours of any description (hereinafter referred
to as the “THE ADVERTISING”) agreed upon with the SPONSOR but subject to the
following condition:

 That suitable drawings and explanations of all wearing apparel be submitted
  with the contract to CSA for approval;

 That no other advertising may be added other than that specified in the original
  contract, without prior permission from CSA;



                                                                                   10
 In the event of the manufacturer of the garment not being the SPONSOR then
  in addition to the aforegoing the manufacturer’s trade mark shall be permitted
  to appear on the garment, but in this event it may appear only once and shall
  be limited to an area 5cm by 5cm;
 No other advertising other than as set out above shall be permitted on the
  cyclist’s wearing apparel;

 In addition to the aforegoing, CSA shall have the right to disallow any
  advertising on any jersey or other wearing apparel which by reason of its
  similarity in colouring or design or any other way and/ or is in the opinion of
  CSA likely to be confused with or associated with any official jersey of any
  sponsored club at the date of ratification of this agreement by CSA or with any
  official jersey of another individually sponsored amateur rider, duly registered
  with CSA at the date of ratification hereof, and/or likely to be confused with
  CSA and National Registered Colours.

SPONSOR’S OBLIGATIONS

The SPONSOR warrants that he/she is not at the date hereof the Principle
SPONSOR of any National or International Trade Team rider and the SPONSOR
further undertakes not to become the Principle SPONSOR of any National or
International Trade Team rider whilst sponsoring a rider, under this contract.

A SPONSOR may sponsor an unlimited number of registered CSA riders.
GENERAL CONDITIONS

This agreement shall be subject to and conditional upon ratification and
registration by CSA. CSA shall be entitled to reject any contract, which it, in its
sole discretion, decided is not in the interest of the sport. CSA must then inform
the Cyclist and the SPONSOR of the provisions in the contract of which CSA
disapproves. The SPONSOR and/or the rider may, if they so wish, refer the
matter to the CSA Management Committee and/or for arbitration, as set out in
this contract.
In the event of a dispute of this agreement or in the event of any dispute arising
pursuant to this agreement, whether or not it involves a question or questions of
fact, then the dispute shall be referred to CSA which shall determine the dispute
in such a manner and using procedures as it deems fit and especially, if so
requested by either the rider or the SPONSOR or in the discretion of CSA, CSA
may refer the matter to an arbitrator as set out in this contract and the parties
agree to be bound by the decision of the arbitrator, which shall not be appealable.

CO-SPONSORSHIP

This agreement can provide for any number of CO-SPONSORS in addition to the
Principal SPONSOR. Such co-sponsorship shall be subject to prior approval by the
Principle SPONSOR and the conditions of such co-sponsorship shall be contained
in ANNEXURE E to this contract.



                                                                                 11
ADDITIONAL TERMS

__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
______________________________________________

WORDING ON CLOTHING:

Only for sponsored Clubs or Individual amateurs sponsored in accordance with
CSA rules is permitted:-

PERMITTED:         Principal SPONSOR and any number of CO-SPONSORS;

JERSEY:            No restrictions;

SHORTS:            The shorts may not bear any lettering other than that placed
                   in a lateral strip not exceeding 9cm in width.

Manufacturers logo can appear on clothing, once on jersey and once each leg on
shorts. Always measure 5cm square maximum.

WORDING ON CLOTHING:

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________


COLOURS AND WORDING ON CLOTHING:

The present picture as contained on page 20 of the existing CSA contract, must be
included herein by CSA and/or is attached hereto, marked Annexure “D” and
initiated by the parties hereto;


                                 Part 8

GENERAL

NOTICES AND DOMICILIUM




                                                                               12
The parties choose as their domicilia citandi et executandi their respective
addresses set out in this clause for all purposes arising out of or in connection
with this agreement at which addresses all processes and notices arising out of or
in connection with this agreement, its breach or termination may validly be
served upon or delivered to the parties.
For purposes of this agreement the parties' respective addresses shall be:

As regards the SPONSOR at

...................................................................................................
facsimile number .......................................................................

as regards the RIDER at

...................................................................................................
facsimile number .......................................................................

Or at such other address, not being a post office box or poste restante, of which the party
concerned may notify the other in writing.
Any notice given in terms of this agreement shall be in writing unless the contrary is proved
and shall:

(a)      if delivered by hand be deemed to have been duly received by the addressee on the
         date of delivery;
(b)      if posted by prepaid registered post be deemed to have been received by the
         addressee on the 8th (eighth) day following the date of such posting;
(c)      if given by telegram be deemed to have been received by the addressee 1 (one) day
         after despatch;
(d)      if transmitted by facsimile be deemed to have been received by the addressee, (one)
         day after despatch.

Notwithstanding anything to the contrary contained in this agreement, a written notice or
communication actually received by one of the parties from another including by way of telex
or facsimile transmission shall be adequate written notice or communication to such party.

VARIATION

No addition to or variation, consensual cancellation or novation of this
agreement and no waiver of any right arising from this agreement or its
breach or termination shall be of any force or effect unless reduced to
writing and signed by both the parties or their duly authorised
representatives.

RELAXATION

No latitude, extension of time or other indulgence which may be given or
allowed by either party to any other party in respect of the performance of
any obligation hereunder or the enforcement of any right arising from this


                                                                                                      13
agreement and no single or partial exercise of any right by any party shall
under any circumstances be construed to be an implied consent by such
party or operate as a waiver or a novation of, or otherwise affect any of that
party's rights in terms of or arising from this agreement or stop such party
from enforcing, at any time and without notice, strict and punctual
compliance with each and every provision or term hereof.


This contract shall be completed in triplicate and forwarded together with the
registration fee to CSA by the parties for notification and registration. CSA will
retain the original thereof and the copies will be transmitted to the parties hereto,
after ratification and registration.


Dated at ________________ this_____ day of ______________ ___.


___________________                       ___________________
As witness                                Principle Sponsor


___________________                       ___________________
As witness                                Co-sponsor


___________________                       ____________________
As witness                                Rider


APPROVED BY CLUB:

Secretary     ___________________                ___________________
              Print name                         Signature


Chairman      ___________________                ____________________
              Print name                         Signature

APPROVED BY CLUB SPONSOR                         ____________________
                                                 Signature

APPROVED BY PROVINCE

Secretary     ___________________                ___________________
              Print name                         Signature




                                                                                   14
Chairman     ___________________                ____________________
             Print name                         Signature

This agreement is approved and accepted by CSA on the one hand as a party
hereto and on the other hand as a bargainer for a third party, in so far as that
CSA may be referred to herein.

DATED at CAPE TOWN this ____________ day of ______________ ______
in the presence of the undersigned witnesses.

AS WITNESS:

    ________________________                 _______________________________
                                                Signed by the duly empowered
                                                 and authorised person of CSA




                                                                                   15
                                                           ANNEXURE A

Particulars of the SPONSOR


Address:__________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________

Tel No:__________________________

Fax No:__________________________

E-Mail:___________________________


IF THE SPONSOR IS A COMPANY OR CLOSED CORPORATION THIS
SECTION MUST ALSO BE COMPLETED -

Registered name of company or corporation:

_________________________________________________________

Registration number:

_________________________________________________________

Full names of representative who hereby declares that he/she has duly been
mandated to act on behalf of the company/corporation:

_________________________________________________________

Identity number: ______________________




                                                                             16
                                                    ANNEXURE B

                  Particulars of the CO-SPONSORS

The CO-SPONSORS are:

1. ______________________________________________________(NAME)

ADDRESS:     ____________________________________________________

             ____________________________________________________

             ____________________________________________________

Signature:   ____________________________________________________


2. ______________________________________________________(NAME)

ADDRESS:     ____________________________________________________

             ____________________________________________________

             ____________________________________________________

Signature:   ____________________________________________________

3. ______________________________________________________(NAME)

ADDRESS:     ____________________________________________________

             ____________________________________________________

             ____________________________________________________

Signature:   ____________________________________________________

4. ______________________________________________________(NAME)

ADDRESS:     ____________________________________________________

             ____________________________________________________

             ____________________________________________________

Signature:   ____________________________________________________




                                                                    17
                                                            ANNEXURE C

                       Particulars of the RIDER

Identity No:________________________________________________

Residing at:____________________________________________

with postal address: _____________________________________________

Born in (Place):________________________ on _______________________

Nationality: SOUTH AFRICAN (specify if other):        _________________

Holder of a license issued by: ______________________________________

License No:                  ______________________________________

(specify if other):_________________________________________________


If the rider is under the age of twenty-one years, this agreement is
approved and accepted and duly assisted by his/her natural parent and/or
guardian.

________________________
_______________________________
As witness                                 Parent/Guardian




                                                                           18
                                                             ANNEXURE E

                           CO-SPONSORSHIP

I/We _________________________________________________________

being the Principle SPONSOR of___________________________________

_________________________________(cyclist) has/have no objection to the

co-sponsorship of ______________________________ (Co-Sponsor).

Any additional terms of Principle SPONSOR
______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________


DATED at ___________________ this _________ day of ________ ____




                                                                          19
  COLOURS AND WORDING ON CLOTHING

           CYCLING SHIRT


FRONT                         BACK




          CYCLING SHORTS




                                     20

				
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Description: INDIVIDUAL SPONSORSHIP AGREEMENT