TERMS AND AFFILIATION AGREEMENT:
THIS AFFILIATION AGREEMENT is made between Motorcycling Victoria and CLUB, named in Schedule Item 1 on the date set out in Schedule Item 6.
WHEREAS
A MA is the recognised peak governing body for Motorcycle Sport in Australia and is the sole Australian affiliate of FIM.
B MV is the recognised state governing body for Motorcycle Sport in Victoria and is affiliated to MA, the identified peak governing body for Motorcycle Sport in Australia.
C MV operates according to the objectives, principles and powers granted it by the MA and which are set out in the MA and MV Constitution.
D Motorcycle Sport is administered under the doctrine of “RCBs”, whereby international competitions are administered by FIM; Australian Championships and national series by MA; and State and Club competitions by SCBs under authority delegated to them by MA.
E Although each Club is autonomous and incorporated in its state or territory, MV and Clubs have a mutual reliance for the efficient management of Motorcycle Sport. MA, MV and Clubs administer all competitions under common rules made by the MA Board in accordance with the powers granted by the MA and MV Constitution.
F MA is authorised by MAIL to issue event permits binding MAIL to be on risk for the cover provided by its policy of public liability insurance under the MAIL Scheme for the activity described in such permits and to delegate such authority to MV.
G Club acknowledges that it is bound by:
i the MV Constitution, which expresses the terms and conditions of a contract between Club and MV; and by
ii the rules, by-laws, policies and guidelines made by MA and MV pursuant to their Constitutions.
H Clubs seeks to affiliate with MV and agree to affiliate exclusively with MV, as stated in Schedule Item 2 upon the terms and conditions of this Affiliation Agreement.
IT IS AGREED as follows:
Affiliation
1. In consideration of the Club paying to MV the Affiliation Fee set out in Schedule Item 3 and of Club fulfilling its obligations under Clause 4 hereof, MV agrees to:
1.1. Provide the Club with the Affiliation Benefits in Clause 3.
Term
2. This Agreement will remain in force until the close of business on the date set out in Schedule Item 4 unless terminated earlier under the following clause;
2.1. MV may terminate this agreement upon giving the club one month’s notice to rectify if the club becomes subject to any form of insolvency or administration or is in breach of fulfilling its obligations under Clause 4.
Affiliation Benefits
3. The Affiliation Benefits enduring to the Club under this Agreement include:
3.1. Access to the MAIL Scheme;
3.1.1. The Club committees, covered under Directors’ and Officers’ liability insurance; and
3.1.2. The Club’s MA-accredited coaches, covered under MA’s professional indemnity insurance while coaching under MA permit; and
3.1.3. Entitlements of benefits payable under MA personal accident policy for licenced riders, officials, licenced crew, accredited coaches and accredited media who suffer injury at Club permitted events.
3.2. Access to MV staff and resources;
3.3. Access to an established structure under motorcycling activity may be undertaken designed to minimise risk to participants and the Club comprising:
3.3.1. Comprehensive rules and procedures
3.3.2. Accredited officials and coaches
3.4. Access to National accreditation and training scheme for officials to conduct and supervise events;
3.5. Access to National pathways for junior and senior competitors;
3.6. Access to Ridernet.
Club Obligations
4. The benefits and privileges of Affiliation are at all times subject to MV:
4.1. Fulfilling its obligations under this Affiliation Agreement
4.2. Complying with and upholding the MA and MV Constitution;
4.3. Ensure the Club’s constitution aligns with MV’s duties and obligations under the MVs Constitution;
4.4. Complying with Sport Australia’s Sport Governance Principles;
4.5. Complying with Sport Integrity Australia’s National Integrity Framework;
4.6. Complying with the Club’s Constitution;
4.7. Complying with MA by-laws, policies and guidelines, including:
4.7.1. MA’s Non-NIF Complaint & Dispute Resolution Policy;
4.7.2. The MA General Competition Rules;
4.7.3. The MA Track Standards; and
4.7.4. The MA Social Media Policy;
4.8. Complying with MVs by-laws, policies, and guidelines, including:
4.8.1. MV’s annual club guidelines.
4.8.2. MV’s annual schedule fees.
4.9. To utilise Ridernet to the fullest extent for the administration and conduct of club membership and all events on and from 1 January 2024; unless otherwise negotiated with MV.
4.10. To display its Certificate of Affiliation and Track Licence at the venue and any MA-permitted event.
4.11. Ensure the MA and MV logo is prominently displayed on all Club electronic media (including its website), on all Club publications and communications, and at all events sanctioned by MA and MV.
4.12. Ensure the MA and MV logo is prominently displayed on all Club printed materials, optional to be printed on club merchandise.
4.13. To have and to keep current a policy of public liability insurance.
4.14. Changes to any Club delegates or office bearers must be notified to MV with a copy of the minutes of the meeting where the changes took place.
Dispute
5. Where, in the reasonable judgement of MA or MV, a party has not fulfilled any obligation imposed by this Affiliation Agreement (alleged breach):
5.1. The aggrieved party (Complainant) may give notice to the other party (Respondent) of such alleged breach in sufficient detail to identify the suspected breach and the nature of thereof and the measures reasonably required to remedy such breach within a reasonable period.
5.2. The Respondent may admit the alleged breach and agree with the Complainant the process for remediation.
5.3. The Respondent may deny the alleged breach, in which case the alleged breach will be a Dispute to be referred to and determined by the National Sports Tribunal in accordance with the MA Non-NIF Complaint & Dispute Resolution Policy.
Definitions and Interpretations
6. Capitalised terms used in this agreement have the following meanings:
6.1. FIM means Fèdèration Internationale de Motocyclisme, the global sanctioning body for Motorcycle Sport based in Mies, Switzerland.
6.2. MA means Motorcycling Australia Limited ABN 83 057 830 083 of Office 38, 1 International Drive, Westmeadows, VIC, 3043.
6.3. MAIL means MA Insurance Ltd, MA’s wholly owned captive insurance company.
6.4. MAIL Scheme means insurance policies arranged by or on behalf of MA, including public liability, professional indemnity, and personal accident insurance.
6.5. MV means Motorcycling Victoria ABN 55 945 996 658
6.6. Motorcycle Sport means all forms and disciplines of motorcycle activity, including competitive and non-competitive activity.
6.7. Ridernet means the bespoke national database and Motorcycle Sport management system developed and owned by MA.
6.8. RCB means Relevant Controlling Body and has the meaning given to that term in Recital C.
6.9. SCB means State Controlling Body.
7. Headings are for convenience only and do not affect interpretation, and unless the context indicates a contrary intention, "includes" in any form is not a word of limitation, a reference to "month" is to a calendar month, and a reference to "$" or "dollar" is to Australian currency.