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ATHLETE PERSONAL SPONSOR COMMITMENT – Tokyo 2020 TEAM IRELAND

BETWEEN

  1. Olympic Federation of Ireland (“OFI or “we”) is the National Olympic Committee in Ireland having its registered offices in Co Dublin, Ireland.
  2. Athlete Personal Sponsor (“APS” or “you”) is a legal person (individual or corporate body) which enters into a Commercial Sponsorship Arrangement with an Athlete.

    3. together the “Parties”.

  1. Definitions

    “Agreement” means this commitment entered into between the OFI and APS and effected upon the APS’ acceptance by clicking “I Agree”

    “APS” means an Athlete’s Personal Sponsor and is defined as Non-Olympic Partner under section 2 of the Team Ireland Rule 40 Guidelines.

    “APS Advertising” means advertising that promotes the APS’ brand, products or services and that may include Athlete Data; provided that, the only connection to the Olympic Games, the OFI, the IOC, or Team Ireland or a national governing body for sport is the fact the advertising uses Athlete Data.

    “Athlete” means the Team Ireland athlete(s), team official(s), coaches and/or other team personnel participating in the Tokyo 2020 Olympic Games, with whom APS represents and warrants it has a valid, direct sponsorship relationship and who has asked APS to enter into this Agreement. For the purposes of this definition, “direct sponsorship relationship” includes (without limitation) sponsorship relationships contracted with Athlete directly or through intermediary agencies but does not include sponsorship of a team or a National Federation (“NF”) collectively. For clarity, an APS that is also an NF sponsor may not use NF marks without the NF’s consent.

    “Athlete Data” means an Athlete’s image (still or moving), digital or graphic depiction, name, voice, identifying biographical data, signature, and/or any data that objectively identifies an Athlete.

    “Athlete Thank You” means a piece of still (not moving) content that includes Athlete Data, solely in the form of an Athlete thanking an APS.

    “Campaign” means any single or multiple pieces of marketing, advertising, promotional or media content or activation created by or for, and/or used by APS in the Territory, which includes Athlete Data and is distributed publicly in the Territory during the Games Period.

    “Commercial Sponsorship Arrangement” means any sponsorship, endorsement, partnership, association, representation or otherwise by an entity acting in a commercial capacity with an Athlete.

    “Games Period” means for the Tokyo 2020 Olympic Games, July 14, 2020 to August 11, 2020

    “Guidance” means the guidelines published by the OFI for the Tokyo 2020 Olympic Games, called Commercial opportunities for Participants during the Tokyo 2020 Olympic Games taking place in 2021.

    “IOC” means the International Olympic Committee

    “Olympic Games” means the 2020 Tokyo Olympic Games or any other Summer or Winter Olympic Games thereafter

    “Olympic IP” means the intellectual property owned by the IOC and/or the OFI, including but not limited to

    1. Olympic Symbol
    2. Olympic emblems, mascots, pictogram and graphics
    3. OFI emblems: OFI Crest/5-Rings
    4. Words: Olympic, Olympics, Olympiad
    5. Tokyo 2020 (or any other Games/Host City + year reference.)
    6. Names of Olympic team (e.g. Team Ireland)
    7. Taglines associated with the Olympic Movement such as Citius, Altius Fortius;
    8. Team Ireland and/or Games-branded apparel or other products
    9. Olympic Games medals
    10. Still and/or moving images from any Olympic Games

    “Rule 40 Permissions” means the permissions set out in the Team Ireland Rule 40 explainer and pictorial guidance, and well as the Team Ireland Rule 40 Guidelines prescribing how Athletes are now permitted to promote their personal sponsors, and how personal sponsors are permitted to use Athlete imagery before, after and during the Games Period

    “Team Ireland” means the Irish Olympic Team for Tokyo 2020, comprised of Athletes and support staff.

    “Territory” means the Republic of Ireland

  2. Background:
    • Rule 40 of the Olympic Charter governs how Athletes and their personal sponsors can use Athlete Data in any advertising (including online, broadcast, tv, radio or physical appearances) during an Olympic Games period. The rule is designed to recognise the importance of personal sponsors to Olympic Athletes while also balancing the critical role that exclusive commercial partners of the Olympic Games play in maintaining the long-term health of the Olympic movement.
    • The Parties acknowledge the need to balance the Athlete/APS relationship with the concomitant needs for the IOC, OFI and other NOC’s to generate income and support for all Athletes to participate in the Olympic Games, as provided for by Rule 40.
    • This Agreement and the Guidance have been created following feedback from athletes. The documents set out the responsibilities required of an Athletes and APS to benefit from Team Ireland Rule 40 Permissions during the Games Period. The basis for the Team Ireland Rule 40 Permissions is to empower Athletes to support and celebrate their careers, without infringing on or diluting the longstanding rights afforded to Olympic and OFI partners and sponsors. This agreement is applicable solely to members of Team Ireland, the Irish Olympic Team at Tokyo 2020 and is only applicable in Territory of the Olympic Federation of Ireland (Ireland).
    • The primary responsibility for compliance with the regulations rests with the APS, and not solely with the Athletes.
  3. OFI Commitments
    1. The OFI commits to:
      • Support and comply with the terms herein throughout the Games Period;
      • Provide educational opportunities for Athletes and the APS to engage in information sessions, with OFI marketing representatives;
      • Provide access to materials regarding the background of Olympic marketing and the implementation of the Guidance; and
      • Assist an APS by reviewing, in tandem with the IOC, any Campaign materials for compliance with the Guidance, at the request of APS.
    2. The OFI will not:
      • Resolve disputes between the APS and Athletes.
      • Guarantee that Campaign materials submitted voluntarily by APS and reviewed by OFI will comply with applicable laws or rules other than the Guidance.
      • Provide any advice that could be deemed as legal advice to Athletes or APS.
    3. In consideration of APS commitments and performance, the OFI can grant the APS permission to carry out the Campaign in accordance with the terms hereof and the Guidance, and APS acknowledges and agrees that carrying out any Campaign in the absence of this permission would constitute a breach of this Agreement and a violation of Olympic Charter bye-law 40.3.
  4. APS Commitments
    1. The APS hereby agrees:
      • to comply with the Guidance during the Games Period.
      • not to use any Olympic IP in any Campaign in violation this assurance document and/or applicable law.
      • that any Campaign will not imply any relationship between the APS (or any of its products/services) and Team Ireland, the IOC, the OFI and the Olympic Games.
      • that any Campaign will not:
        • make negative, comparative claims;
        • imply that any product or service enhanced an Athlete’s games performance;
        • use the terms: Games or Summer Games to refer to the Olympic Games;
        • use Olympic IP or iconic Olympic words or imagery (including in any visual medium, such as photography, emojis, etc.), such as a torch, flame, laurel wreath, medal or podium;
        • use the names or images of Olympic venues, either current, future or historic;
    2. A Campaign during the Games Period are subject to the following limitations as detailed in the Team Ireland Rule 40 guidelines:
      • be representative of a continuous campaign and an extended relationship between the APS and Athlete.
      • not increase in frequency or substantially change during the Games Period as compared to prior campaigns within the Games year and/or the same period in a non-Games year.
      • to use APS Advertising that complies with the Guidance in any and all media.
      • The APS will not include in any Campaign contain content that is contrary to the IOC Charter or principles of Olympism as set out therein, or that in any manner may be deemed embarrassing, detrimental, disparaging, defamatory, slanderous or libelous to the OFI, the IOC, the Olympic Games, or the Olympic movement in general. If at any time, the OFI, or the IOC in its reasonable wisdom believes that any campaign materials violate the provisions of this paragraph, then the OFI will have the right to terminate this assurance arrangement.
      • The APS will seek Rule 40 Permissions to run any Campaign in Ireland from the OFI.
      • The APS will seek Rule 40 Permissions to run any Campaign outside of Ireland from the IOC or relevant National Olympic Committee, as applicable.
      • When executing this Agreement, APS will provide OFI with a single point of contact to liaise with in connection to any issue arising under this Agreement.
      • APS acknowledges that the OFI may share, with the IOC, the name of the APS, its status as an APS and any Campaign materials of that APS.
      • Any APS intending to run Campaigns during the Games period must submit Campaign materials for review by the OFI to rule40@olympicsport.ie, prior to 15 May 2020.
    3. Retweet and Repost
      • The APS is limited to one retweet or repost of a single "thank you” from the Athlete to the APS from the Athlete’s personal social media channel, without further text or edits during the Games Period.
      • The APS does not engage in paid advertising to support the retweet or repost of Athlete’s “thank you” messages during the Games Period.
  5. Representations and Warranties
    1. Each party hereto represents and warrants that it has the authority to enter into this Agreement and to perform its obligations hereunder and that this Agreement has been duly executed upon APS’s clicking on the “I Agree” link, and thereafter constitutes a binding obligation of both parties.
    2. The parties in entering this Agreement are not relying on any representation, promise or statement made by anyone which is not contained or embodies in this Agreement
    3. Each party acknowledges that this Agreement, together with the Team Ireland Rule 40 Guidance which is incorporated herein, sets forth the entire understanding of the Parties with respect to the subject matter hereof, and may be modified only by written agreement executed by each party.
  6. Term and Termination
    1. The term of this Agreement will commence immediately on APS’ acceptance of these terms by clicking “I Agree” and continue until the end of the Games Period unless sooner terminated by the OFI (the “Term”). ‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬
    2. Any violation of any provision hereof, any misrepresentation made hereunder, any material nondisclosure or omission of any material fact, or any failure to perform any obligations of APS will constitute a breach of this Agreement.
    3. In the event of a breach of this Agreement by APS:
      • the APS will bear any liabilities arising from such breach which may include, but are not limited to:
        • Immediate cancellation of all current Rule 40 Permissions for all APS Athletes, and
        • A preclusion from obtaining further Rule 40 Permissions for the next two Games (i.e. Olympic Winter Games Beijing 2022 and Olympic Games Paris 2024).
      • the OFI may immediately terminate this Agreement upon written notice to APS.
    4. In the event of termination, APS will immediately cease using, take down, and remove any and all Campaign materials for all APS Athletes.
    5. Additionally, APS expressly acknowledges and agrees that failure to comply with this Agreement and/or the Guidance may jeopardise the Athlete’s eligibility to participate in the Olympic Games under the terms of applicable IOC rules as enforced in Ireland by the OFI.
  7. Reservation of Remedies
    1. The OFI reserves all rights and remedies at law or at equity in the enforcement for any breach of this Agreement including without limitation, injunctive relief.
    2. If the OFI seeks injunctive or other equitable relief in the event of a breach or threatened breach of this Agreement by the APS, the APS agrees that it shall not allege in any such proceeding that the OFI’s remedy at law is adequate. If the OFI seeks any equitable remedies (including injunctive relief), it shall not be precluded or prevented from seeking remedies at law, nor shall the OFI be deemed to have made an election of remedies. APS acknowledges that the Guidance sets out OFI’s rights that possess special, unique, and extraordinary characteristics that make difficult the assessment of monetary damages from breach, and that irreparable injury could be suffered by the OFI and/or the IOC from such breach and therefore agrees that urgent injunctive and equitable relief is appropriate.
  8. Enforcement, Governing Law
    1. The OFI retains the right to enforce this Agreement, the provisions of any applicable laws of the Republic of Ireland, in the High Court. If the OFI seeks any equitable remedies (including injunctive relief), it will not be precluded or prevented from seeking remedies at law, nor will the OFI be deemed to have made an election of remedies. Without limiting the foregoing, APS hereby irrevocably submits to the venue and jurisdiction of the Courts of the Republic of Ireland, with respect to any equitable relief that is sought under this Agreement.
    2. This Agreement is made with reference to and shall be governed and construed in accordance with the laws of the Republic of Ireland.
  9. Indemnity
    1. APS will indemnify, defend, and hold harmless the OFI, the IOC, and each of their respective affiliates without limit or exclusion from any claims, liabilities, losses, costs and expenses (including reasonable legal fees and disbursements) resulting from or arising out of:
      • the acts or omissions or breach of this Agreement by APS;
      • the content or subject matter of any Campaign materials, or
      • any violation of any applicable laws by APS or any of its Campaigns or
      • any act or omission which causes any breach in agreement between the Athlete and the OFI.
    2. The OFI will indemnify, defend and hold harmless the APS and its affiliates, directors, officers, agents, and representatives from any claims, liabilities, losses, costs and expenses (including reasonable legal fees and disbursements) resulting from or arising out of any breach of this Agreement by the OFI.
  10. General

    Severability. A ruling by any court that one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect will not affect any other provision of this Agreement. Thereafter, this Agreement will be construed as if the invalid, illegal, or unenforceable provision had been amended to make this Agreement valid and enforceable as originally contemplated by this Agreement to the greatest extent possible.

    Survival. The provisions of Sections 4-9 will survive the expiration or termination of this Agreement.

    Waiver. Failure to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement will not be deemed a waiver of that term, covenant or condition, or of any other term, covenant or condition of this Agreement. Any waiver or relinquishment of any right or power hereunder at any one or more times will not be deemed a waiver or relinquishment of that right or power at any other time.

    Limitation of Liability. Except for indemnity obligations in section 6, in no event will either party be liable to the other (whether arising in contract, tort, warranty or otherwise) for any special, indirect, incidental, exemplary, punitive, or consequential damages (including, but not limited to, loss of anticipated profits).

    Assignment. Neither party will transfer nor assign any or all of its rights or interests under this Agreement or delegate any of its obligations without the prior written consent of the other party. No assignment will relieve either party of the performance of any accrued obligation that such party may then have under this Agreement. Any attempted assignment of this Agreement not in compliance with this section will be of no force or effect.

    1. Confidentiality and Publicity: The Parties agree not to make any public comment on the specific terms of this Agreement, unless with the prior agreement of both Parties.
    2. Co-Operation: The Parties agree to co-operate with each other and communicate openly and honestly to ensure the effectiveness of this Agreement