Speedway Club Membership Rules
Appendix to the Speedway Club Membership Rules
SET OF RULES GOVERNING RELATIONS BETWEEN THE RIDER AND THE CLUB
SECTION I - PRELIMINARY PROVISIONS
§ 1 [Document Status]
1.The provisions defined in this document constitute an integral part of the contract for professional speedway or contract of employment and constitute a supplement to the regulations for Speedway Club Membership.
2.In relation to the contracts of Ekstraliga clubs, the rules defined in this document are obligatory in full. In the case of the contracts for other clubs it is permitted to ignore the principles which do not relate to a club and a given rider.
3.The provisions of internal club regulations cannot infringe on the provisions of a professional speedway contract.
SECTION II - OBLIGATIONS AND RIGHTS OF THE CLUB
§ 2 [Obligations of the club]
The club is obliged to:
1)promptly disburse the financial receivables agreed by the parties,insure the rider against accidents in connection with sport of speedway to the extent required by the regulations of the PZM,
2)ensure training and medical care during competitions and practice,
3)donate a specific in accordance with the applicable regulations number of identifiers to the persons employed by the rider,
4)in the case of an Ekstraliga club: include on its web side a link to the rider's web side.
§ 3 [The club's rights]
1.The club is entitled to qualify the rider to the team for particular competitions on the basis of the sports results achieved by him.
2.In the cases defined in the contract, the club is entitled to become involved in the means of preparing the rider's equipment for competitions.
SECTION III - THE OBLIGATIONS AND RIGHTS OF THE RIDER
§ 4 [The rider's obligations]
1.The rider is obliged to:
1)avoid any activity which might expose the club, its trainers, team mates, club employees, officials, referees, the PZM, GKSŻ and SE to loss or impingement on their reputation,
2)not to disclose to third parties any information relating to the execution of the contract,
3)acting in a sporting life style,
4)subject himself to periodic skill and fitness tests, which a club may require from him,
5)avoid any projects of a sporting or entertainment leading to increased risk of injury,
6)conclude on his own appropriate supplementary insurance for conducting the sport of speedway,
7)systematic and regular settlement of materials taken from a club's store - in the event of the rider using such materials,
8)care for the club's equipment and property entrusted to him,
9)immediately notify the club of the loss of any document causing his inability to take part in competitions and to ensure their validity and updates,
10)appear for competitions with documents entitling him to compete,
11)appear for competitions at least 120 minutes prior to the planned time for the start with a minimum of two properly prepared motorcycles and personal equipment compliant with the requirements of the FIM, FIM EUROPE, PZM and SE,
12)participate in the presentation before competitions in the competitor fully buttoned-up clothing (without the helmet) and race jacket,
13)carry out all the organiser's instructions during the presentation before the competition,
14)subject himself to the decisions of the coach with respect to the tactics established by him in order to obtain the most advantageous sports result by the team,
15)keep the race jacket clean as well as the advertising placed on personal equipment, race jacket, helmet and motorcycle cover shields,
16)properly cooperate in the process of realizing the tasks with other persons, if this is justified in the interests of the club, PZM or SE,
17)actively participate in proceedings before the PZM/SE bodies constituting of granting suitable explanations and submission of required documents,
18)in the case of an Ekstraliga club rider: include on his web side a link as a banner to the club and SE web sides,and in case of riders of the I and II league, to put on its website a link to the club website and the website
19)at his own expense make the race jacket and bike’s cover shields according the pattern provided by the Club – the club orders kevlar on behalf of the rider and charges him for the amount of the total cost of production of kevlar,
20)respect the schedule set by the club and the means of preparing for the season, as well as individual competitions,
21)continuously raise his sporting qualifications and to participate in all forms of practice and coaching,
22)appear for practices at least 30 minutes prior to the planned time with a minimum of two properly prepared motorcycles, equipment and protective clothing compliant with the requirements of the FIM, FIM EUROPE, PZM / SE,
23)commence and conclude practice exclusively after having obtained the consent of the trainer,
24)cover the costs connected with the organisation of practice sessions in the event of the unjustified absence or being late for practice,
25)participate in competitions for which he has been designated and in obligatory practice sessions,
26)respect the club starting policy: league matches have priority before other competitions, which the rider has been contracted for, with the exception of competitions, where priority results from the regulations of the FIM, FIM Europe or PZM,
27)obtaining club permission to participate in competitions not covered by this contract, in the cases specified in the Speedway Club Membership Rules,
28)subjecting himself at any time to medical examinations and the instructions of a doctor specified by the club; in the event of injury the rider is obliged to seek immediate consultation with a doctor agreed with the club and to adhere to the recommendations relating to treatment and recovery,
29)in the event of any incapacitation or illness the rider is obliged to immediately submit himself to a doctor agreed with the club in order for consultations with respect to the drugs applied during treatment and provision of a medical certificate certified by the doctor agreed with the club, at the latest by the following day counting from the date of its issue.
3.Furthermore, a foreign rider is obliged to:
1)submit and attach to the objective contract the written starting permission of the home federation to sign the contract with the particular club and race in the contractual events; should such starting permission not be expressed, the Contract cannot be concluded – only the permits from the rider’s home federation for competing in Poland, granted according to the officially adopted pattern shall be accepted.
2)furnish the club with an original certificate of tax residency, confirming in which company the rider pays taxes and other public law payments; in the event of failing to furnish the club with a certificate prior to the first required payment from this contract, the club will effect payment for the rider, deducting the required tax on foreign persons obtaining incomes in Poland as required by Polish tax laws.
§ 5 [Advertising space]
1. The principles and means of managing the advertising space on the motorcycle and a rider clothing are defined in the rules and ordinances of the event’s organizing body and shall be understood as an integral part of the Contract.
- The rider taking part in the league competition acknowledges and accepts that under no circumstances it cannot be granted any right by the club to use the excluded advertising space, and the club in these areas is required to place graphical forms of advertising, uniform to the whole team.
- For Team Speedway Polish Championship the excluded advertising space on kevlar and the front cover of a motorcycle are shown in the figure below:
- The rider taking part in the competition for League I and II Cup acknowledges and agrees that it may not use the advertising spaces reserved for PZM. After the publication of official press releasing the booking of proprietary surface, they remain at the disposal of the riders or clubs, depending on the individual agreements and internal regulations in force in the various clubs.
- For League I and II Cupthe advertising space for PZM is shown in the figure below:
League I and II clubs have the right to use the reserved space in cases when PZM fails to use these areas until 28 February 2014. Information about the lack of use appears in the form of a message.
- For Team Speedway Polish Championship, League I and II Cup the parts of the rider;s equipment, not listed in par. 3 and 5 include advertising space possible to be left for the rider by the club. Kevlars of all riders of the particular club participating in eam Speedway Polish Championship, League I and II Cup must have a uniform color (for club League I and II it does not apply to the "guest" ride.
- The principles of sharing advertising space on equipment of a rider participating in the competition for Team Speedway Polish Championship, League I and II Cup referred to in par. 3 and 5 are valid only in the 2014 season. The rules of sharing per season in 2015 and further will be determined until 31.10.2014. The club and the rider should refrain from making the content of the sponsorship contracts in such a way that their records will stand in conflict with the above rules. Any contractual terms of a club or rider on disposal of advertising spaces going beyond season 2014 will be ineffective.
- SE shall approve the look of the club kevlar for clubs competing in the Team Speedway Polish Championship.
- The rider is forbidden to cover advertising exposure on kevlar.
§ 6 [The rider's marketing obligations]
- With respect to the realization of the marketing obligations, the rider is obliged to:
1)obtain the club's written permit for the conclusion of an agreement with an individual sponsor prior to signing it, and obtaining the written consent of the club to place the advertising of each sponsor on the rider’s equipment; an individual rider sponsor cannot come from a competing sector as the sponsors of the club or the SE / PZM,SE has the right to request from the club or the rider taking part in the competition for Team Speedway Polish Championship to provide written consent, as referred to above, in case of placing the sponsor's ads on equipment without written permission of the rider's club. The rider shall pay the club and SE respectively third value of the income earned from for this benefit, but not less than 5000 zł for the club and 5000 zł for SE.
2)appear in the clothing defined by the club during a presentation before competitions, victory ceremonies, official meetings and in all contacts with the media, in particular to:
a)appear in a cap with the club sponsor's logo during the presentation before competitions for championships of Poland and PZM / SE prizes,
b)ride in a race jacket, on which it is not permitted to place any signs and text - no part of a race jacket can be covered in any way by other advertising text; in the case of Ekstraliga clubs and riders: a specimen race jacket is defined in internal regulations of the SE,
c)appear on the date of league matches in the jacket or other official clothing provided by the club; the above obligation may relate to all the people from the rider's team if the club expresses such a wish,
d)start in competitions for championships of Poland and PZM / SE prizes in overalls according to the specimen and with the advertising text agreed in an understanding with the club, as well as with the advertising text on the motorcycle established in an understanding with the club,
e) ensure wearing before, during and after the Team Speedway Polish Championship / I League / II League Cup of clothing (pants, shirt jacket, cap) according to the principles set by the Club or appropriate entity for the competition by all persons from his service team, in case of competition Team Speedway Polish Championship / I League / II League Cup the club orders outfits for the team on behalf of the rider and charges him for the amount of the total cost of production of these outfits.
3)place the names of sponsors – of the SE on the principles defined in the internal regulations of the SE or of the PZM on the principles defined in the ordinances - on the clothing and equipment during every league match and PZM/SE prizes competitions during the season,
4)participate in press conferences organized by the club in a complete rider personal equipment including: completely worn and done up protective clothing and a race jacket (without helmet),
5)participate in press conferences organized by the SE and the PZM, if they do not conflict with the rider's start fixtures,
6)participate - in the event of receiving an invitation - in an official SE/PZM galas on the occasion of the end of the speedway season,
7)remain at the disposal of the club and media after the end of league matches for a period of at least 30 minutes counting from the official completion of competition, including at least initial 15 minutes with protective clothing and a race jacket,
8)keep clean the advertising space belonging to the club, SE or PZM on the motorcycle and rider equipment,
9)give interviews for the television before, during and after Polish Team Cup, I League Cup, II League Cupmatches exclusively against the background of the board for interviews, an example of which is defined in internal regulations of the SEand PZM, in the complete done up rider clothing together with a race jacket (without a helmet),
10)in the case of different competitions than Elite League, the means of giving interviews for the television can be defined in other regulations, wherein a rider always appears in the complete done up rider clothing together with a race jacket (without a helmet),
11)The rider is required to attend up to eight times per season at its own expense within the territory of Poland in time and place designated accordingly, to four times by SE and up to 4 times by PZM to take part in campaigns and promotional activities of SE/PZM competitions, such as galas, presentations, participation in a television broadcast or radio, participation in television live-style programs, etc..
12)The rider is required to attend up to four times a year at its own expense, within the territory of the Republic of Poland at the time and place indicated according to two times by SE and up to 2 times by PZM to take part in the charity actions and activities of the leagues, such as: a visit to an orphanage, charitable collections, etc..
- The obligations defined in section 1 point 2 are applicable respectively in relation to the undertakings arising from national advertising contracts concluded by the SE or the PZM.
- An Elite League club’s rider is entitled to use the name "Ekstraleague Speedway Rider".
§ 7 [Promotional activities with participation of a rider]
- The rider is obliged to participate once a month free of charge in promotional activities conducted by the club and SE or PZM, if invited. Simultaneously, the rider declares that he expresses his consent for the use of his image in promotional and advertising campaigns for competitions (Ekstraliga or First and Second League) conducted by the club, SE / PZM and Media Partners (regardless of their form, character, reach or means of conducting them) without separate remuneration for this. These undertakes cannot conflict with his start fixtures.
- The rider undertakes to strictly adhere to the conditions of promotional and sponsorship understandings in effect at the club and SE / PZM on pain of paying a contractual penalty to the amount defined in the contract for each departure from the contract and the implementation of the disciplinary proceedings defined in the PZM and SE regulations. Payment of the contractual penalty does not limit the rights of the club and SE / PZM to seek compensation according to general principles.
- The rider undertakes to obtain the consent of the club's governing bodies for participation (appearing) in all types of public events organized in Poland.
- The rider should obtain the consent of the club for giving interviews to the media (press, radio, TV, internet) concerning the internal affairs of the club. Any information relating to the individual agreements of riders with a club is confidential in nature and as such cannot be disclosed to third parties, on pain of the club seeking compensation.
§7a[Using rider’s individual club identification markers for commercial purposes]
- The rider shall give the club the exclusive rights to:
1)His name/names and surname;
2)His nickname;
3)His logo (symbol),
4)His signature retained using any method by a body authorized by the club;
5)His photo in a club outfit, retained using any method by a body authorized by the club.
The club is authorized to use these markers for its marketing and commercial purposes.
- The rights stated above in section 1 include the right to authorize third parties (grant them a special license with a possibility to issue an unlimited number of sub-licenses or a sub-license with a possibility to issue an unlimited number of further sub-licenses) to use the markers identifying the particular rider to the extent the Club has been authorized to, or a limited one, determined by the Club.
- The individual identification markers shall be understood as rider’s characteristic features, such as face, figure, voice, or a way of moving, also during an event.
- The club’s outfit mentioned in section 1, item 4 means any clothing containing a logo or a name of a club, SE or PZM, in particular however, any training or racing gear used by the rider during a competition.
- The persons authorized by the club are entitled to retain the image of the rider:
1)each time, during an event, practice or team camps;
2)during official TV or photo sessions the rider participates in.
- The club shall inform the rider of the dates of the official TV or photo sessions, mentioned in section 4, item 2 well in advance, taking into consideration his training program. The rider is obliged to participate in the said sessions.
- The event’s time mentioned in section 4, item 1 means:
1)in case of a speedway meeting organized in Poland – from the moment the event has been opened, to the moment it has been closed;