A T L A N T I C   R O W I N G   R EGATTA   2 0 0 4

COMPETITION AGREEMENT

Ocean Rowing Society
211 Royal College Street

London NW1 0SG

 
Telephone 44 (0) 207 4858807

Facsimile 44 (0) 207 284 2849

E-Mail oceanrowing@compuserve.com

Internet http://www.oceanrowing.com

     The ORS is the organizer of the single-handed, double-handed and four man crew Atlantic Rowing Regatta 2004 (“the Regatta”) and the Competitor wishes to compete in the Regatta pursuant to the terms of this Agreement and the Notice of Regatta.

     The Competitor has familiarized himself or herself with the Notice of Regatta and wishes to be bound by this Agreement and that Notice (including the Regatta Rules) and any Amended Notice of Regatta.

1. INTERPRETATION

      In this Agreement except where the context otherwise requires

1.1. “The Regatta” means the single-handed, double-handed and four man crew Atlantic Rowing Regatta 2004 from a St. Sebastian marina in La Gomera to a Port St. Charles, Barbados in the West Indies due to commence on 20th January 2004 (weather permitting).

1.2. “ORS” is Ocean Rowing Society, which will organize the Regatta. ORS will arrange for Competitors to purchase (at Competitors expense) the new Roswell Morrison solo, double or four man crew boats, or ocean rowboats used in any previous ocean rowing crossing (at Competitors expense). Rented ocean rowboats may also enter (see here).

1.3. “The Competitor” means the individual(s) who is a party to this Agreement and who will compete in the Regatta.

1.4. “The Boat” means the boat supplied by the ORS or built or rented or bought from any other party.

1.5. “The Regatta Rules” are the rules and regulations regarding the Regatta and which are included in the Notice of Regatta.

1.6. References to this Agreement include the Schedules, which shall form part of this Agreement, and references to numbers of clauses and schedules shall mean such clauses of and schedules to this Agreement.

1.7. References to any gender shall include all other genders and reference to the singular number shall include the plural and vice versa.

2. GOODS AND SERVICES

2.1. Subject to the terms of this Agreement the ORS will supply the Competitor with the goods and services set out in Schedule A. Provided that such changes are not material the ORS reserves the right to alter or substitute any such goods and services at its discretion and without advance notice to the Competitor.

2.2. No liability will accrue to the ORS should the goods supplied not be free of defects and faulty workmanship. The Competitor will rely upon any manufacturers or builders warranties as regards such goods in relation to which the ORS will provide reasonable assistance to the Competitor in the pursuit of any claim regarding such goods, subject to the reimbursement by the Competitor of any expense incurred by the ORS in providing such assistance.

2.3. When goods supplied by the ORS to the Competitor bear the trademark, logo or other identification of the manufacturer or distributor of that equipment the Competitor will not deface, remove or cover such distinguishing marks without the ORS’s prior written consent.

Any competitor may display logos of their own sponsors as they see fit. ORS will endeavor to find a "title sponsor" in which case such "title sponsor’s" logo to be displayed on each boat at the direction of the ORS.

2.4. The Competitor will use his best endeavors to keep the goods supplied by the ORS in good and full working order.

2.5. The Competitor is responsible for the matters set out in Schedule B to this Agreement.

3. PAYMENTS AND OPTION

3.1. In consideration of the goods and services that maybe be provided by ORS to the Competitor the Competitor will pay to the ORS the sums set out in Schedule C to this Agreement, time being of the essence as regards such payments. In the event of a default or withdrawal prior to the start on the part of a Competitor(s) the amount paid by the Competitor will be refunded by ORS.

3.2. The ORS, at its sole discretion and without prejudice to clause 3.1 hereof, may accept a late payment from the Competitor but such payment will be subject to an interest charge calculated on a day by day basis at a rate equivalent to 3% above Lloyds Bank Plc base rate per annum.

3.3. Competitors also fail to pay the full amount by the last day of December 2003 will not be permitted to start the regatta and any previous payments will be refunded.

4. INFORMATION

4.1. Upon entering the regatta each Competitor will provide ORS with the following information on the application form: name, age, contact details, profession/job and any personal profile relevant to the regatta (why entered? what expectations?) such information will be posted on the website. Also a head shot photo of each competitor.

4.1.1. No later than 31st December 2003 the name(s) of any other organization sponsoring the Competitor(s) for the purposes of the Regatta. ORS will link such sponsors to its website.

4.1.2. No later than 31st December 2003 with five 35 mm good quality transparencies of the Competitor rowing the Boat, such transparencies to be provided to the ORS free of royalty or other charge and in relation to which:

4.1.2.1.       The photographer is not to assert any moral rights; and

4.1.2.2.       The Competitor (regardless of whether he has commissioned such photographs) grants the ORS a copyright license in perpetuity and waives his or her right to object to derogatory treatment of such works.

5. CHECKS AND MEDICAL HISTORY

5.1. The Competitor will make himself and the Boat available to the ORS for medical and other checks no later than Sunday 11^th January 2004 at the designated port for the commencement of the Regatta. For that purpose the Competitor agrees to supply to the ORS an up to date medical certificate by 31st December 2003 confirming that he/or she is physically and mentally fit to compete in the Regatta. In the absence of a satisfactory certificate the Competitor will, if required by the ORS, submit himself/herself to a medical examination at his/her own expense by a medical practitioner of the ORS’s choice. As to the inspection of the Boat the Competitor will not take any steps to conceal any part of the Boat or item of equipment from inspection. The Competitor acknowledges the right of the ORS in its sole discretion to disqualify the Competitor from the Regatta if the Competitor’s participation in the Regatta would be contrary to the medical advice received by the ORS or if the Boat and/or equipment fails to comply with the Regatta Rules and cannot be made Regatta worthy prior to the start of the Regatta.

5.2. It is incumbent upon each Competitor to disclose to the ORS and its medical advisor any condition, ailment or treatment that may have an adverse effect on the Competitor’s safety or participation in the Regatta.

5.3. The ORS will require a thorough inspection of each boat to be carried out by the ORS appointed agent. Such inspection will be carried out in St Sebastian marina between 6th January 2004 and 16th January 2004.

6. THE COMPETITOR’S OBLIGATIONS IN RELATION TO THE REGATTA

6.1. The Competitor will comply with the terms of this Agreement and the Notice of Regatta including the Regatta Rules. The Notice of Regatta will be deemed to form part of this Agreement and the ORS reserves the right to introduce other rules and regulations by way of the issue of Amended Notices of Regatta.

6.2. Subject to the provisions of this Agreement and the Notice of Regatta the Competitor will pay all charges and expenses of every kind or nature whatsoever incidental to his use and operation of the Boat under this Agreement including any foreign general municipality and/or state taxes.

6.3. All salvage and towing shall be for the Competitor’s account and the cost of repairing damage occasioned thereby shall be borne by the Competitor. It is highly recommended that each Competitor seek insurance cover for such eventuality.

6.4. In the event of the Boat becoming a wreck or obstruction to navigation the Competitor shall indemnify the Society against all sums whatsoever which the ORS shall become liable to pay and shall pay in consequence of the Boat becoming a wreck or obstruction to navigation. It is noted that the only oceanrowboats to become a "wreck" were Britannia Two when she crashed into the rocks off Maui and Pacific Odyssey, when she was run down 1300 Mlles from America, clearly both the result of accidents, if a rowboat is abandoned with an Argos beacon transmitting there is an expectation that such an oceanrowboat could be retrieved. More information is available here.

6.5. The Competitor will observe all regulations of customs port, harbour or other authorities to which the Boat becomes subject and will cover the costs incurred in launching and lifting the boat in relation to this Agreement.

6.6. The Competitor should be available at such times and places as the ORS may specify from time to time for the purposes of the promotion of the Regatta and any events in relation to the Regatta for which purpose the Competitor will make himself or herself reasonably available for interviews, photographic sessions, autographs and radio and television appearances. The ORS will use its reasonable endeavors to provide the Competitor with as much advance notice as possible.

6.7. The Competitor shall ensure that his or her Boat is available to the ORS in La Gomera by no later than 4^th January 2004 for publicity or other purposes and for pre-Regatta checking. The competitor(s) must be in La Gomera no later than 1 week prior to the start of the regatta.

6.8. Medals for every finisher and trophy for the first four man crew, double crew and the first solo rower to finish will be presented at a awards dinner to be held in London (date to be announced).

6.9. The Competitor will provide the ORS with all press releases and promotional material distributed by the Competitor and/or his sponsors in connection with his participation in the Regatta.

6.10. The Competitor will not do any act to harm or infringe the rights and/or promotional efforts of the ORS, other Competitors or sponsors of the Regatta or individual Competitors.

6.11. The Competitor is required to consult with ORS re. making of any television or radio programs in relation to the Regatta. Any films, photographs or other recordings taken by the Competitor or on his behalf or that of his sponsors in connection with the Regatta will be provided (either in original form or as an acceptable good quality copy) to the ORS free of royalty or other charges for usage by the ORS for which purpose: -

6.11.1. The ORS will be granted a copyright license in perpetuity.

6.11.2. The Competitor will waive any moral rights or otherwise ensure and procure that such rights will be waived including his or her right to object to derogatory treatment of such works.

6.12. The Competitor will not seek to publish or authorise the publication of any history or account of the Regatta without the ORS’s prior written consent. The sale of any motion picture or any other rights in any book or material written or commissioned by the Competitor about the Regatta will be subject to negotiating a suitable royalty with the ORS together with appropriate credits and editorial input from the ORS.

6.13. If required by the Society the Competitor will display whether on the clothing, Boat or otherwise, any logos, badges or signage provided by the ORS to the Competitor for the purposes of the Regatta or the goods and services of any sponsors in connection with the Regatta. Such items will be positioned by the Competitor as specified by the ORS and will be kept in good condition.

6.14. Any logos or badges or signage so provided by the ORS to the Competitor will not be used by the Competitor for any purpose other than in connection with the Regatta.

6.15. The Competitor will not do anything to injure, diminish or lessen the reputation, goodwill and image of the ORS, its sponsors and the Regatta.

6.16. ORS on behalf of competitors in the 2004 ARR will negotiate shipment for all UK based (and foreign boats passing through UK) on the same ship at the same time to Santa Cruz, Tenerife and on to La Gomera, with the intent to avoid the possibility of any boat being delayed by any kind of shipping error(s).

7. PERSONAL RISK

The Competitor acknowledges that rowing is by its nature a hazardous activity. In training for and competing in the Regatta the Competitor acknowledges and accepts that he is exposing himself to the dangers and risks of the sport. The Competitor relieves the ORS (for itself, its officers, servants and agents) both for himself and those entitled to his financial support from any responsibility or liability arising from his performance of this Agreement. This waiver shall not extend to personal injury or death arising from the negligence of the ORS but shall extend to personal injury or death not so caused and to any other loss or damage suffered.

 

8. COMPLIANCE WITH REGATTA RULES

The Competitor shall at all times promptly and efficiently comply with the Regatta rules as set out in the Notice of Regatta or any Amended Notice of Regatta.
 

9. TERMINATION

9.1. Either the ORS or the Competitor may at any time terminate this Agreement forthwith by a written notice to the other in any of the following events:

9.1.1. If the other party shall be in material or persistent breach of any provisions of this Agreement and such breach is either irremediable or being remediable the other fails to cure the same within 28 days of being required to do so by written notice.

9.1.2. If the other party shall become insolvent or shall have any petition filed against it for compulsory liquidation, dissolution or bankruptcy or if any trustee, officer of receiver shall be appointed over all or any of the assets of the other or if the other shall make any form of arrangement or composition with its creditors or shall commence winding-up, liquidation or dissolution in any way.

9.1.3. If the Competitor dies or becomes incapable through physical or mental illness, detention or other cause from rowing in the Regatta under the terms of this Agreement and the Notice of Regatta.

9.1.4. If either the Regatta is cancelled completely prior to its start, or if the Boat does not start the Regatta for whatever reason, or if the Competitor retires the Boat from the Regatta.

9.1.5. On termination of this Agreement for whatever reason the ORS will be entitled to retain such monies as have been paid by the Competitor to the ORS at the date of termination to cover any outstanding costs incurred. The ORS will then consider a refund of any expenses that may remain.

9.1.6. On termination of this Agreement by affliction of time the Competitor shall be at liberty to retain any clothing and footwear (if any) provided by the ORS or its sponsors. In the event of termination for any other reason the Competitor shall only be entitled to retain such clothing and equipment as the ORS may in its sole discretion determine.

10. ASSIGNMENT

The Competitor shall not assign to another party or parties the benefit or burden of this Agreement in whole or in part without the prior written consent of the ORS.

11. GENERAL

11.1. The Competitor shall act as an independent contractor and no relationship of agency, partnership or employment is created by this Agreement.

11.2. Failure on the part of the ORS to exercise or delay in exercising a right or remedy provided this Agreement, the Notice of Regatta, any Amended Notice of Regatta or by law shall not constitute a waiver of such right or remedy. No single or partial exercise of a right or remedy provided by this Agreement or by law shall prevent further exercise of the right or remedy or the exercise of another right or remedy.

12. PROPER LAW AND JURISDICTION

This Agreement shall be governed by English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts in respect of this Agreement, the Notice of Regatta, any Amended Notice of Regatta and their subject matter.

SCHEDULE A

The goods and services to be provided by the ORS are as follows

1. The organization of the single-handed, double-handed and four man crew Atlantic Rowing Regatta from the port of San-Sebastian in La Gomera to Port St. Charles in Barbados to commence on 20^th January 2004 (weather permitting).

2. Shortly prior to the commencement of the Regatta an Argos CLS (France) satellite tracking system (with no power requirements from the ocean rowboat) supplied by ORS at no cost to the Competitors, shall be fitted to each rowboat. In the event that a crew abandons any ocean rowboat ORS will use it best efforts to recover such rowboat using the Argos CLS positions to locate said ocean rowboat. At least every 24 hours the Argos CLS position of each ocean rowboat will be displayed on ORS Regatta website (www.oceanregatta.com).

3. A safety boat support during the Regatta.

4. Access to advice and support from the "advisory board of the Ocean Rowing Society". This board is made up from ocean rowers who have either on their own account rowed an ocean or competed in Port St. Charles 1997 Atlantic Rowing Regatta or in 2001 Ward Evans Atlantic Rowing Regatta. It is highly recommended that each Competitor speaks with the member of the advisory board before entering the ORS 2004 Regatta. Members of the ORS advisory board will be in St. Sebastian de La Gomera prior to the start of the race to offer advice and assistance at ORS expense.

SCHEDULE B

The Competitor is responsible for the following

1. The fitting out of the Boat including, without limitation, the provision of oars, the fitting of hatches, the rowing
    position, ventilation, painting and varnishing.

2. The installation and provision of navigation equipment appropriate for a crossing of the Atlantic Ocean.

3. The provision of victualling and any other supplies for the Regatta.

4. The shipment of the Boat to La Gomera.

5. The provision of requisite safety equipment.

6. The shipment of the Boat back to England.

7. Transit, personal injury and repatriation insurance cover.

8. Evidence of all crew members having a VHF radio license.

SCHEDULE C

STAGE PAYMENTS

The Competitor will make the following payments to the ORS in accordance with the terms of the Competition Agreement.

(It is recognized by ORS that for any potential competitor in the ORS 2004 regatta the biggest expense is the cost of the boat and equipment. Therefore (at the suggestion of our advisory board) ORS will delay the 2^nd to 5^th stage payment in order that each competitor can first acquire and equip a ocean rowboat).