Agreement with ISAF (Draft)

This  text is still a draft where some minor changes can be included and that it will only be signed if the proposal of affiliating ISAF pass.

 

AGREEMENT RELATING TO THE

ONE METRE RADIO SAILING YACHT

 

AGREEMENT dated the                                                                       day                    /        / 2010

PARTIES:

1. International Sailing Federation Ltd (ISAF)

2. International One Metre International Class Association (IOMICA)

RECITALS:

OPERATIVE TERMS:

1                   Definitions

1.1             ‘One Metre Class boat’ means the One Metre boat built in accordance with the One Metre Class Rules.

 

1.2           The copyright holder of the Class Rules is ISAF.

 

1.3.           Terms in “bold” shall refer to their meanings in the 2009 – 2012 ISAF Equipment Rules of Sailing.

 

2                   The One Metre Class boat shall be accredited with International Status from the date of this Agreement within the Rules and Regulations of the ISAF, and shall hold such status unless and until it shall be revoked in accordance with the Rules and Regulations of the ISAF.

 

3                   Proposed amendments to the Class Rules shall be submitted to the ISAF only by the IOMICA, in accordance with ISAF Regulations for International Classes.

 

4                   The IOMICA shall perform its obligations and administer its affairs in accordance with the ISAF Regulations for International Classes and acknowledges that:

 

(a)               Any amendments to the IOMICA Constitution shall be subject to approval of the ISAF in accordance with ISAF Regulations for International Classes;

 

(b)               Any amendments to the One Metre Class Rules shall be subject to the agreement of the ISAF and the IOMICA. Any interpretation of the One Metre Class Rules shall be subject to the ISAF sanctioned procedure.

 

5                   Any licensed commercial hull builder in accordance with Class Rules shall have an agreement with the ISAF made in consultation with the IOMICA.

 

6                   An annual subscription shall be payable of such amount as the ISAF Council shall from time to time determine.   VAT at the appropriate rate shall be added to that amount and the subscription shall be due and payable on the 1st January in every year.   For 2010 the fee shall be £173.00 Ex VAT.

 

7.1           A hull undergoing initial certification control after 1st January 2010 shall have an ISAF Sticker affixed on the deck aft of the mast position or transom.

 

7.2             The ISAF shall only issue stickers on receipt of payment to the certification authority or licensed commercial builder or the IOMICA Treasurer. The IOMICA is to provide and keep up to date a list of certification authorities.

 

The ISAF Sticker shall be £5.20 +VAT where applicable for the year 2010. This figure is reviewed annually by the ISAF Executive Committee and is normally only increased in line with inflation.

An additional fee may be added to the sticker fee as a contribution to the IOMICA. Any such request shall be received by 1st January of each year. The IOMICA contribution shall be collected by the ISAF and paid on a quarterly basis to the IOMICA.

 

7.3             The number on the ISAF Sticker shall be recorded on the certificate when it is required by clause 7.1  

 

8                   The television and media rights of an event are owned by the IOMICA however the ISAF is granted permission to use media without a fee.

 

9                   Any dispute arising out of or by virtue of this Agreement shall be submitted to a single arbitrator to be appointed in default of agreement by Lloyds Register of Shipping and this shall be a submission to arbitration under the provisions of the Arbitration Act 1996 or any re‑enactment, modification or extension thereof for the time being in force.  

 

10               The Agreement shall be construed in accordance with the laws of England.

 

11               This Agreement shall continue to be to the benefit of and be binding upon the parties hereto, their successors and assignees, provided that parties to this Agreement may not assign rights and obligations under this Agreement without prior approval of the ISAF.

 

12               This Agreement may be terminated by any of the parties at any time upon giving to the other parties at least six months notice in writing or immediately upon notice of breach or insolvency. Subject thereto, it shall continue in force so long as International Status shall be accredited to the Class by the ISAF.

 

13               The IOMICA is licensed without charge from the ISAF for the distribution rights of the written text of the Class Rules.

Signed by Jerome Pels for and on behalf of the International Sailing Federation Ltd

 

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Signed by Alfonso Moreno on behalf of the World Council of the

International One Metre International Class Association

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