De Ruyterstraat 64
Chambers of Commerce number: 90904532
These General Terms and Conditions (“GT&C”) are applicable to all services, provided by the Snowboard Team, represented by Stichting UNUO.pro, with its principal place of business at De Ruyterstraat 64, 2041 HM Zandvoort, Netherlands, and Chambers of Commerce number 90904532 (the “Team”).
These GT&C set forth the terms and conditions under which the athlete (“Snowboarder”) agrees to participate as a member of the Team, and to receive coaching, training, and other services from the Team, in connection with his or her snowboarding activities. The Snowboarder acknowledges and agrees that his or her participation on the Team is subject to compliance with the rules, regulations, and policies of the Team, as well as applicable laws, regulations, and governing bodies.
The Snowboarder and the Team enter into these GT&C with the mutual goal of achieving success and excellence in snowboarding competitions, and in a manner that is consistent with the highest standards of sportsmanship, fairness, and integrity. The Snowboarder is an aspiring or experienced and skilled snowboarder seeking to compete at a high level, while the Team is a competitive snowboarding Team looking to develop and promote talented snowboarders. The Snowboarder and the Team agree to work together in good faith, and to support and respect each other throughout the term of the Services.
Team and Snowboarder are collectively referred to herein as the “Parties”.
1. Scope of Services
The Team shall provide the Snowboarder with coaching, training, and other services in connection with his or her participation as a member of the Team(“Services”. The scope of services provided by the Team may include, but not be limited to:
- 1.1. Developing and implementing training programs and schedules, tailored to the Snowboarder’s individual skill level, goals, and objectives.
- 1.2. Providing coaching and instruction to the Snowboarder, both individually and as part of a Team, in a variety of snowboarding disciplines, such as halfpipe, slopestyle, big air and boardercross.
- 1.3. Providing equipment, gear, and supplies necessary for the Snowboarder’s training and competition activities, subject to the terms of these GT&C.
- 1.4. Organizing and managing travel, accommodations, and other logistics related to the Snowboarder’s participation in snowboarding competitions and events.
In consideration for the Services provided by the Team under the GT&C, the Snowboarder shall pay the Team a fee, as set forth in an Invoice for the Services.
- 2.1. The Snowboarder acknowledges and agrees that the fee represents fair and reasonable compensation for the services provided by the Team, and takes into account the costs and expenses incurred by the Team in providing such services.
- 2.2. The Snowboarder shall pay the fee to the Team in accordance with the outlined payment schedule on invoices and/or additional Snowboard Team Agreement. In the event that the Snowboarder fails to pay the fee in a timely manner, the Team may suspend or terminate the Snowboarder’s participation in the Team, subject to the terms of the GT&C.
- 2.3. The Snowboarder shall be responsible for all costs and expenses associated with his or her participation in snowboarding competitions and events, including but not limited to travel, accommodations, meals, and entry fees. The Team shall not be responsible for any such costs or expenses, except as otherwise provided in an additional Snowboard Team Agreement.
- 2.4. Payments must be made by the Snowboarder directly to the team at all times. It is the sole responsibility of the Snowboarder to collect grants or financial support by Federations, Sponsors or any other organization.
3. Obligations of Parties
The Parties agree to the following obligations:
- 3.1. The Team shall provide the Snowboarder with coaching, training, and other services in accordance with the scope of services outlined in invoices or additional Snowboard Team Agreement, and shall use reasonable efforts to support the Snowboarder’s development and success as a snowboarder.
- 3.2. The Snowboarder shall participate in training and competition activities as directed by the Team, and shall use reasonable efforts to improve his or her snowboarding skills and achieve the goals and objectives established in consultation with the Team.
- 3.3. The Parties shall comply with all applicable laws, rules, and regulations, including but not limited to those related to snowboarding competitions and events, and shall obtain all necessary permits, licenses, and approvals required for the performance of the Services.
- 3.4. The Parties shall comply with all applicable laws, rules, and regulations, including but not limited to those related to snowboarding competitions and events, and shall obtain all necessary permits, licenses, and approvals required for the performance of the Services.
- 3.5. The Snowboarder shall comply with all rules and policies established by the Team, including but not limited to those related to conduct, safety, and equipment use.
- 3.6. The Snowboarder shall not engage in any activities that could reasonably be expected to harm the reputation or interests of the Team, or its sponsors.
4. Confidentiality and Non-Disclosure
The Parties acknowledge that in the course of their relationship under these GT&C, each party may disclose certain confidential and proprietary information to the other party, including but not limited to information regarding training techniques, performance data, and business strategies (collectively, “Confidential Information”).
The Parties agree to the following obligations with respect to Confidential Information:
- 4.1. Each party shall maintain the confidentiality of the Confidential Information disclosed to it by the other party, and shall not use such Confidential Information for any purpose other than the performance of the Services.
- 4.2. Each party shall take reasonable measures to safeguard the Confidential Information from unauthorized use, disclosure, or access, and shall not disclose the Confidential Information to any third party without the prior written consent of the disclosing party.
- 4.3. The obligations of confidentiality and non-disclosure under this clause shall not apply to any Confidential Information that: (a) is or becomes generally available to the public through no fault of the receiving party; (b) was in the possession of the receiving party prior to its disclosure by the disclosing party; (c) is rightfully obtained by the receiving party from a third party without restriction on use or disclosure; or (d) is required to be disclosed by law or legal process, provided that the receiving party provides prompt notice of such requirement to the disclosing party and cooperates in seeking a protective order or other appropriate remedy.
- 4.4. Upon termination or completion of the Services, each party shall promptly return or destroy all Confidential Information disclosed by the other party, and shall provide written certification of such return or destruction upon request.
- 4.5. The obligations of confidentiality and non-disclosure under this clause shall survive any termination or completion of the Services, and shall remain in effect for a period of five (5) years from the date of disclosure of the Confidential Information.
The Parties acknowledge that any breach of this clause would cause irreparable harm to the disclosing party, and that the disclosing party shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity, to prevent or remedy any such breach.
5. Intellectual Property
The Parties acknowledge that certain intellectual property rights may arise in connection with the performance of the Services, including but not limited to trademarks, copyrights, patents, and trade secrets (collectively, “Intellectual Property”).
The Parties agree to the following with respect to Intellectual Property:
- 5.1. The Team owns all Intellectual Property rights in any materials, content, or other works created by the Team in connection with the performance of the Services, including but not limited to training programs, coaching materials, and promotional materials.
- 5.2. The Snowboarder grants to the Team a non-exclusive, worldwide, royalty-free license to use the Snowboarder’s name, image, and likeness in connection with the promotion and marketing of the Team, and agrees to execute any additional documents or agreements necessary to effectuate such license.
- 5.3. The Snowboarder warrants and represents that any materials, content, or other works provided by the Snowboarder to the Team in connection with the performance of the Services do not infringe upon any third-party intellectual property rights, and agrees to indemnify and hold harmless the Team from any and all claims, damages, or expenses arising out of any such infringement.
- 5.4. The Parties agree to promptly notify each other in writing of any suspected or actual infringement or misappropriation of any Intellectual Property rights of which they become aware in connection with the performance of the Services, and shall cooperate in any reasonable efforts to prevent or remedy such infringement or misappropriation.
- 5.5. Upon termination or completion of the Services, the Snowboarder shall immediately cease using any Intellectual Property owned by the Team, and shall not use any such Intellectual Property thereafter.
- 5.6. The obligations of this clause shall survive any termination or completion of the Services, and shall remain in effect for so long as any Intellectual Property rights exist.
6. Liability and Indemnification
The Parties agree to the following with respect to liability and indemnification:
- 6.1. The Snowboarder acknowledges that snowboarding is a dangerous and potentially hazardous activity that may result in serious injury or death. The Snowboarder assumes all risks associated with snowboarding and agrees to release, indemnify, and hold harmless the Team, its officers, employees, agents, and assigns from any and all claims, liabilities, damages, or expenses arising out of or in connection with the Snowboarder’s participation in snowboarding activities with or without the Team.
- 6.2. The Team agrees to provide training and coaching services to the Snowboarder in a professional and competent manner, and shall not be liable for any damages arising out of or in connection with such services, except for damages arising from the Team’s gross negligence or willful misconduct.
- 6.3. In the event of any claim or lawsuit arising out of or in connection with the performance of the Services, the indemnifying party shall promptly notify the other party in writing, and shall assume the defense of such claim or lawsuit at its own expense. The other party shall cooperate in the defense of such claim or lawsuit and may retain separate counsel at its own expense. The indemnifying party shall not settle any such claim or lawsuit without the other party’s prior written consent.
- 6.4. The indemnifying party shall indemnify and hold harmless the other party from any and all claims, liabilities, damages, or expenses arising out of or in connection with any breach of the GT&C by the indemnifying party or any negligence or willful misconduct of the indemnifying party or its officers, employees, agents, or assigns.
- 6.5. The obligations of this clause shall survive any termination or completion of the Services, and shall remain in effect for so long as any claims or liabilities remain outstanding.
The Snowboarder shall be responsible for obtaining and maintaining his/her own insurance coverage for all risks, including, but not limited to, personal accident, medical, liability, travel and property damage. The insurance coverage shall provide coverage for the Snowboarder while participating in training, competition, and other activities related to the Team. If the Snowboarder participates in training or competition in the United States, the insurance coverage shall also provide coverage for the Snowboarder while traveling to and from the United States.
8. Medical Examination Clause
The Snowboarder (“Athlete”) acknowledges and agrees to undergo a comprehensive medical examination on an annual basis to ensure their physical fitness for snowboarding.
- 8.1. Examination Requirements:
8.1.1. The medical examination shall include, but not be limited to, an assessment of the Athlete’s overall health, cardiovascular system, and any potential risks or conditions that may affect their ability to participate in snowboarding activities safely.
8.1.2. The Athlete shall arrange and bear the expenses of the annual medical examination. The examination must be conducted by a qualified medical professional or licensed physician experienced in sports medicine.
8.1.3. The medical examination shall include specific tests and evaluations related to the Athlete’s heart health, such as an electrocardiogram (ECG), stress test, or any other assessments deemed necessary by the examining physician to evaluate the Athlete’s cardiovascular fitness.
8.1.4. The Athlete shall provide the Snowboard Team with a copy of the medical examination report within seven days of the examination.
- 8.2. Compliance and Fitness:
8.2.1. The Athlete understands that the purpose of the annual medical examination is to assess their physical readiness and ensure their ability to engage in snowboarding activities safely.
8.2.2. In the event that the medical examination reveals any significant health concerns, including but not limited to heart-related issues, the Athlete shall follow the recommendations and advice of the examining physician, including seeking additional medical attention or refraining from snowboarding until deemed fit to participate.
- 8.3.Confidentiality and Privacy:
8.3.1. The Athlete acknowledges that the medical examination report contains personal and confidential health information. The Snowboard Team shall handle and maintain the Athlete’s medical information in accordance with applicable privacy laws and regulations.
8.3.2. The Athlete’s medical information shall only be disclosed to relevant team members, coaches, or medical staff directly involved in ensuring the Athlete’s safety and well-being during snowboarding activities.
- 8.4. Duration
8.4.1. This Medical Examination Clause shall remain in effect for the duration of the Services, unless otherwise terminated or modified by mutual consent of the Parties.
9. Governing Law
These GT&C shall be governed by and construed in accordance with the laws of The Netherlands, without giving effect to any choice of law or conflict of law provisions.
Any dispute arising out of or in connection with these GT&C, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of the Dutch Court of Arbitration. The arbitration shall be held in Amsterdam, The Netherlands, and the award rendered by the arbitrator(s) shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction in order to prevent or remedy any actual or threatened breach of these GT&C, and the Parties consent to the exclusive jurisdiction of such courts for such purposes.
This clause shall survive any termination or completion of the Services.
10. Termination and Suspension
- 10.1. Either party may terminate the Services upon written notice to the other party in the event of a material breach of these GT&C by the other party, provided that such breach remains uncured for a period of thirty (30) days following receipt of written notice of such breach.
- 10.2. The Team may suspend the Snowboarder’s participation in snowboarding activities with or without the Team for any reason, including but not limited to the Snowboarder’s failure to comply with the Team’s rules and regulations, breach of these GT&C, or any other conduct that the Team deems to be detrimental to the Snowboarder, the Team or its Sponsors. Such suspension shall be in writing and shall specify the reasons for the suspension, the duration of the suspension, and any conditions for reinstatement.
- 10.3. In the event of any termination or suspension of the Services, the Snowboarder shall immediately cease to represent or hold themselves out as a member of the Team, and shall return any and all equipment, uniforms, or other property belonging to the Team.
- 10.4. Any termination or suspension of the Services shall not affect any rights or obligations that have accrued prior to the effective date of such termination or suspension, including but not limited to the Snowboarder’s obligation to pay any fees or expenses under the Services.
- 10.5. Any termination or suspension of the Services will not entitle Snowboarder to any refund on deposits or fee payments for any training, trip, camp, or competition, past or future, of amounts already paid
- 10.6. This clause shall survive any termination or completion of the Services.
- 11.1. Entire Agreement: These GT&C constitutes the entire understanding between the Parties and supersedes all prior negotiations, understandings, and agreements, whether written or oral, relating to the subject matter of these GT&C.
- 11.2. Amendments: These GT&C may be amended or modified only in writing executed by both Parties in an additional Snowboard Team Agreement.
- 11.3. Assignment: The Snowboarder may not assign or transfer any rights or obligations under these GT&C without the prior written consent of the Team.
- 11.4. Waiver: The failure of either party to insist upon strict performance of any provision of these GT&C or to exercise any right or remedy shall not be construed as a waiver of such provision, right, or remedy, and shall not affect the validity or enforceability of the GT&C.
- 11.5. Notices: Any notice required or permitted under these GT&C shall be in writing and shall be delivered personally or sent by certified mail, postage prepaid, or by email to the addresses set forth in these GT&C.
- 11.6. Headings: The headings in these GT&C are for convenience only and shall not affect the interpretation of these GT&C.
- 11.7. Severability: If any provision of these GT&C is held to be invalid or unenforceable, such provision shall be deemed to be modified or limited to the extent necessary to make it valid and enforceable, and the validity and enforceability of the remaining provisions of these GT&C shall not be affected.
- 11.8. Counterparts: These GT&C may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
- 11.9. Binding Effect: These GT&C shall be binding upon and ensure to the benefit of the Parties hereto and their respective successors and assigns.
12. Force Majeure
These GT&C shall be subject to the following force majeure clause:
- 12.1. Definition: “Force Majeure” means any event beyond the reasonable control of either party, including but not limited to, acts of God, natural disasters, war, terrorism, civil unrest, strikes, government regulations, power outages, or any other similar event that could not have been prevented or avoided through reasonable measures.
- 12.2. Force Majeure Event: In the event that either party is prevented or delayed from performing its obligations under these GT&C due to a Force Majeure event, such party shall be excused from such performance for the duration of the Force Majeure event, and shall not be liable for any damages or losses incurred by the other party as a result of such non-performance.
- 12.3. Notice: The party affected by a Force Majeure event shall promptly notify the other party of the occurrence of such event, including the nature and expected duration of the event. The party invoking the Force Majeure event shall make reasonable efforts to mitigate the effects of such event and resume performance of its obligations as soon as possible.
- 12.4. Termination: If the Force Majeure event continues for a period of more than 90 days, either party may terminate the Services by providing written notice to the other party.
- 12.5. The Force Majeure clause of these GT&C expressly excludes any incapacity by the Snowboarder to make payment as a result of a Force Majeure event. In such circumstances, the Snowboarder shall remain responsible for fulfilling their financial obligations, and the Force Majeure event shall not affect their duty to make timely and full payment. However, in the event of a Force Majeure event that significantly impacts the Snowboarder’s ability to make payment, the Parties may negotiate and agree to a temporary suspension or rescheduling of payment obligations, subject to the terms of these GT&C and/or Services and applicable law.
- 12.6. No Waiver: The failure of either party to enforce any provision of this Force Majeure clause shall not constitute a waiver of such provision or the right to enforce such provision in the future.
- 12.7. Governing Law: This Force Majeure clause shall be governed by and construed in accordance with the laws of the jurisdiction in which these GTC are executed.
Code of Conduct
Snowboarders and members of the Snowboard Team agree to adhere to the following Rules and Regulations:
All members of the Team are expected to conduct themselves in a professional manner at all times, both on and off the mountain. We will not engage in any behavior that would bring the Team into disrepute, and we will represent the Team and our sponsors in a positive and professional manner.
All members of the Team will treat each other, coaches, competitors, and other individuals with respect at all times. We will not engage in any behavior that is disrespectful or unprofessional.
All members of the Team will be honest and transparent in their communication with coaches, Teammates, and other individuals involved in the Team. We will not engage in any behavior that is dishonest or deceitful.
All members of the Team will exhibit good sportsmanship at all times. We will not engage in any behavior that is unsportsmanlike, such as taunting, trash-talking, or unsportsmanlike conduct.
All members of the Team are expected to give their best effort at all times, both in practice and in competition. We will not engage in any behavior that is detrimental to the Team’s performance or reputation.
All members of the Team are expected to attend all practices, competitions, and other Team events unless excused by the coach in advance. Unexcused absences may result in disciplinary action, up to and including removal from the Team.
Safety is a top priority for the Team. All members are expected to follow all safety guidelines and instructions from coaches and other Team officials at all times. Failure to follow safety guidelines may result in disciplinary action.
All members of the Team are responsible for their own actions and behavior. We will not engage in any behavior that puts ourselves or others at risk, or that violates Team or competition rules.
All members of the Team are expected to cooperate with coaches, Teammates, and other individuals involved in the Team. We will work together as a Team to achieve our goals, and we will not engage in any behavior that is divisive or counterproductive.
- Team Spirit
All members of the Team are expected to support and encourage their Teammates, both on and off the mountain. This includes attending and participating in Team events and activities, supporting Teammates during competitions, and maintaining a positive and supportive Team culture.
All members of the Team are expected to communicate effectively and professionally with coaches, Teammates, and other individuals involved in the Team. This includes responding promptly to communications, sharing relevant information, and maintaining open communication channels.
All members of the Team are responsible for providing their own equipment, including snowboards, boots, and safety equipment. Equipment must be in good condition and meet safety standards set by the Team and/or competitions.
- Respect for Facilities and Property
All members of the Team are expected to respect facilities and property used by the Team, including mountain facilities, equipment, and Team facilities. Any damage to facilities or property may result in disciplinary action and/or reimbursement for damages.
- Drug and Alcohol Policy
The use of illegal drugs and alcohol is strictly prohibited at all Team events and competitions. Any member found to be using or under the influence of drugs or alcohol may be subject to disciplinary action, up to and including removal from the Team.
15.1. Snowboarder agrees to abide by all doping rules and regulations set forth by the World Anti-Doping Agency (WADA), the International Olympic Committee (IOC), and any other relevant governing bodies.
15.2. Snowboarder understands that the use of performance-enhancing drugs or any other prohibited substances is strictly prohibited and can result in severe consequences, including disqualification from events, suspension, and even criminal charges.
15.3. Snowboarder agrees to submit to any drug testing required by the Team, the event organizers, or any other relevant governing bodies. Snowboarder also agrees to disclose any prescription medication or dietary supplements that they are taking to the Team’s management prior to any drug testing.
15.4. Snowboarder understands that any violation of the doping rules and regulations can result in immediate termination of Snowboarder’s membership on the Team.
15.5. Snowboarder agrees to indemnify and hold harmless the Team and its sponsors from any damages or liabilities arising from Snowboarder’s use of prohibited substances.
All members of the Team are expected to comply with these rules and regulations, as well as any other rules and regulations set by the Team, competitions, official sports organizations and federations. Failure to comply may result in disciplinary action, up to and including removal from the Team.
- Discipline and Grievances
Any disciplinary action or grievances will be handled according to the Snowboard Team’s disciplinary and grievance procedures, which will be communicated to all members of the Team.
Disciplinary and Grievance Procedures
1. Disciplinary Procedures
- 1.1. Verbal Warning: The first step in disciplinary action will typically involve a verbal warning from the coach or Team manager. The warning will be documented in writing, and the athlete will be informed of the specific issue that led to the warning.
- 1.2. Written Warning: If the athlete continues to engage in behavior that violates the Team’s Code of Conduct, a written warning may be issued. The written warning will outline the specific behavior that is in violation of the Code of Conduct and will specify the consequences of continued violations.
- 1.3. Suspension: If an athlete continues to engage in behavior that violates the Team’s Code of Conduct after receiving a written warning, the coach or Team manager may suspend the athlete from the Team for a specified period of time.
- 1.4. Termination: If an athlete continues to engage in behavior that violates the Team’s Code of Conduct after a suspension, the coach or Team manager may terminate the athlete’s membership on the Team.
2. Grievance Procedures
- 2.1. Informal Discussion: If an athlete has a grievance or concern, the athlete should first discuss the issue with their coach or Team manager in an informal setting. The coach or Team manager will listen to the athlete’s concerns and try to address them in an appropriate manner.
- 2.2. Formal Grievance: If the athlete is not satisfied with the outcome of the informal discussion, they may submit a formal grievance to the coach or Team manager. The formal grievance should be submitted in writing and should include a clear description of the issue or concern.
- 2.3. Grievance Review: The coach or Team manager will review the formal grievance and will respond in writing within a specified period of time. The response will include a decision on the grievance and any actions that will be taken to address the concern.
- 2.4. Appeal: If the athlete is not satisfied with the decision on the formal grievance, they may appeal to a designated person or committee within the Team. The appeal should be submitted in writing and should include a clear description of the reason for the appeal.
- 2.5. Final Decision: The designated person or committee will review the appeal and will make a final decision on the grievance. The decision will be communicated in writing to the athlete and will be final.