Bkool - UCI Track Champions League

ABOUT BKOOL

BKOOL is a leading indoor cycling platform in terms of innovation and virtual sports simulation, offering users a 100% realistic and immersive training experience. Its wide variety of content includes video and 3D routes, events and competitions like the Giro d’Italia Virtual, as well as allowing the possibility of enjoying professional fitness classes at home. BKOOL is compatible with the leading brands of cycling rollers and smart bikes on the market, as well as different computer systems, tablets and smartphones. Its user community brings together athletes from more than 120 different countries.

More information: www.bkool.com

Agreement

TERMS OF ENTRY

To participate in the TCL, the Athlete agrees to:

commit to race the full season (meaning all TCL Events organized by EEL during the season) as detailed in the 2021 TCL race manual (the “Race Manual”). Subject to EEL’s sole discretion, if the Athlete does not complete the full season or is withdrawn from competition then the Athlete will not be eligible to receive prize money for any Events that the Athlete has participated in.

comply at all times during the Term of this Agreement, with the Race Manual, all UCI Regulations that apply to the TCL, and with any further document/regulations applying to the TCL, as communicated by EEL or the UCI from time to time.
ensure that they shall wear an official TCL skinsuit at all times when participating in the Events. For the avoidance of doubt, the Athlete shall wear a race skinsuit produced by the official TCL supplier (sponsor logos and size of skinsuit must be provided to EEL by the production deadline of 18 October 2021 to guarantee sponsor placement and correct sizing of TCL race skinsuit).
participate in media and promotional obligations at all Events as detailed in section 3.4 below.
provide performance data which will be used as part of TV production, live production and rider profiles / statistics on the official TCL website and app powered by Amazon Web Services. The Athlete agrees to allow access to vital statistics and performance data (including but not limited to: weight, height, speed, cadence, power/watts, biometrics, heart rate…) and allow EEL affiliates and/or stakeholders to collect data (by means including but not limited to: attach receiver to bike provided by TCL, attach camera to bike provided by TCL, use approved power meter during races, use approved heart rate monitor during races) and use such data across broadcast and official TCL platforms. Such data will be processed by EEL in compliance with the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and/or by any other applicable law or regulation of the countries outside of the European Union where the rounds take place. EEL confirms that the Athlete will retain ownership of all rider data.
organise their own travel to ensure they arrive at each Event at least the day before the competition day and depart the day after. In relation to the first round of the TCL, the Athlete must arrive at the Event by a designated time on the day before the competition day (which shall be communicated to the Athlete by EEL in advance) to ensure that EEL filming and photography requirements are met. EEL will allocate a travel subsidy as detailed in the rider package below.

ATHLETE PACKAGE

By participating in the TCL, the Athlete will be eligible for:

A participation fee of €1,500 for the complete season according to the Terms of Entry mentioned above);
Prize money per race and overall prize money as detailed in the Race Manual;
Commercial rights to position up to three (3) personal sponsor logos on your official TCL skinsuit as per the guidelines detailed in the Race Manual;
Two (2) nights’ accommodation, airport transfers and meals for each Event as supplied by EEL (as detailed in the Race Manual); and
A travel subsidy for flights or other travel arrangements:
- €1,500 in total per season for riders based in Europe; or
- €2,500 in total per season for riders based outside Europe.

Any amount owed to the Athlete will be paid according to the payment terms detailed in Appendix 3 and is subject to the Athlete completing the season as detailed in the Terms of Entry above.

The Parties hereby agree that:

Athlete’s participation in the TCL:

EEL’s terms and conditions for participation in the 2021 TCL season are set out in this Agreement. By clicking to confirm its acceptance of these terms and conditions at the end of this Agreement, the Athlete confirms its participation in the 2021 TCL season and warrants that it has executed all necessary UCI documentation to participate in the 2021 TCL season (including without limitation, holding the relevant racing licence and UCI licence number), and hereby confirms its participation in all of the 2021 TCL Events and agrees to be subject to the UCI Regulations governing the TCL imposed by the UCI, and/or an applicable ASN (the national governing body for the sport in a relevant country).

Each Party shall appoint a designated contact / co-ordinator(s) who shall liaise on regular basis with the designated contact / co-ordinator(s) appointed by the other Party to ensure the proper performance of this Agreement. EEL’s initial designated contact for such purposes shall be Ross Edgar (racemanager@ucitrackchampionsleague.com), EEL’s UCI Track Cycling Athlete Manager. The Athlete’s initial designated contact for such purposes shall be {{company_representative_first_name}} {{company_representative_last_name}}, {{company_representative_email}}, {{company_representative_position}}.

This Agreement comprises this opening section, the Standard Terms and Conditions in Exhibit A and Appendixes 1 to 5, and references to this Agreement shall be construed accordingly. This Agreement sets out the terms on which the Athlete can participate in the 2021 TCL season and the corresponding rights and obligations of both the Athlete and EEL. The Athlete must read the entire Agreement carefully and then indicate its acceptance of the terms and conditions for participation in the 2021 TCL season which are set out in this Agreement by clicking at the appropriate place at the end of this document.

The Athlete acknowledges that accepting this Agreement and its terms and conditions is a prerequisite to the Athlete participating in the 2021 TCL season and the Athlete agrees that if it does not accept these terms and conditions then the Athlete will not be permitted to participate in any part of the 2021 TCL season.

By clicking to accept the terms and conditions of this Agreement as indicated above, Athlete warrants that if the person so accepting the terms and conditions of this Agreement differs from the Athlete, that person is authorised to do so on behalf of the Athlete and is authorised to provide the information provided herein including, where any such information is personal data, by the person to whom such personal data relates.

PLEASE INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF PARTICIPATING IN THE 2021 TCL SEASON CONTAINED HEREIN, BY CLICKING HERE. PLEASE NOTE THAT ONCE YOU HAVE CLICKED HERE, A LEGALLY BINDING AGREEMENT WILL HAVE BEEN FORMED BETWEEN THE ATHLETE AND EEL. PLEASE ALSO NOTE THAT, BY CLICKING HERE, YOU WARRANT THAT THE PERSON SO CLICKING IS AUTHORISED BY THE ATHLETE TO AGREE TO THIS AGREEMENT ON ITS BEHALF AND YOU AGREE ON BEHALF OF THE ATHLETE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Disclaimer

Welcome to the UCI Track Champions League 2021 Disclamer declaration. This Disclaimer has to be submitted by each stakeholder attending the UCI Track Champions League event.

I, the Athlete (hereinafter referred to as the “Athlete”):

Acknowledges, declares, accepts, agrees and undertakes to comply with the following:

Due to the global Covid-19 pandemic and the specific health risks it implies for all population, which may result in serious illness and death, for the purpose of organizing and staging the 2021 UCI Track Champions League (the “UCI TCL”), and preserving the health of all attendants in the Events, to the most secure extent possible, the promoter of the UCI TCL, Eurosport Events Limited (“EEL”), together with the Union Cycliste Internationale (the “UCI”), the venues and any other relevant party involved in staging the Event (collectively the “Organizers”), have adopted several rules, protocols and recommendations which are aimed to mitigate the risks of infection.
The Athlete acknowledges that, in order to be able to participate in the Events in 2021, it shall comply, and make sure that all its coaches, agents, representatives, and any other individuals that the Athlete sends to the Events (the “Attendees”) comply with all the rules and protocols implemented by the Organizers, which can evolve during the 2021 season, including any Covid-19 Code of Conduct implemented by the UCI, and also comply with all the local and international rules and protocols regarding quarantine restrictions related to Covid-19.
The Athlete, on its behalf and on behalf of all its Attendees, acknowledges that likewise, any further, without limitation, law, regulation, protocol and/or requirement having, without limitation, governmental, administrative, national, local nature applicable in connection with the Event and/or in connection to the territories where the Events are being held, will also automatically apply and be of mandatory observance and compliance by the Athlete and its Attendees.
By accepting the present disclaimer, the Athlete warrants and acknowledges that it and all Attendees voluntarily participate in the concerned Event, under special safety and health measures, which include any restrictions from national or local governments, the UCI or EEL, such as (but not limited to) the requirement to show a negative PCR test, a Covid-19 vaccination certificate or a certificate demonstrating recovery from Covid-19, and which can be amended at any time.
The Athlete declares that it understands that the personal behaviour of each Attendee involved in the Events, shall have a great impact on the effectiveness of the preventive measures implemented by the Organizers, and thus, the Athlete agrees, accepts and undertakes to list the names of each Attendee in Annex 1 of the present Athlete Disclaimer. The Athlete must ensure that the list of Attendees is up to date (each new Attendee must complete the corresponding online disclaimer form). The Athlete specifically acknowledges that the requirement listed in this Clause 5 shall be a mandatory condition prior to the Athlete being able to take part in or any/ Attendees being able to attend the Events, and to obtain a valid accreditation pass to such Events.
In relation to the Events, the Athlete acknowledges that in case any Attendee, during the 14 days prior to each Event, (i) has been infected by Covid-19, (ii) has experienced any symptoms that may be compatible with Covid-19, (iii) has been in contact with a third person who may have been infected by Covid-19: the Athlete shall promptly inform the Organizers, and agrees and takes the responsibility that such Attendee(s) will not attend or take part in the Event as long as he/she has not taken a PCR test which results determine whether he/she is infected or not by Covid-19. Before such results are received by the Athlete, the Athlete commits that such Attendee(s) will immediately withdraw from the Event and ensure that her/his close contacts also do not attend the Event.
The Athlete shall take full responsibility for its acts and behaviour, for itself and on behalf of the Attendees, before, during and after each Event, and hereby acknowledges and agrees that any breach of the rules, protocols and recommendations from the Organizers and/or safety measures will result in (i) its expulsion from the relevant Event and (ii) withdrawal of the Attendee’s 2021 accreditation pass to the Event(s)/Series, (iii) prohibition on the Athlete/Attendee(s) from attending future Events, and (iv) penalties imposed by the Organizers, without prejudice to any other rights and remedies the Organizers may have pursuant to the applicable law.
Assumption of risks by the Athlete: The Athlete hereby acknowledges and understands its participation in the Series occurs under the current global pandemic Covid-19 and thereafter is potentially dangerous and that there could be numerous risks of infection associated with its participation, even when all rules and protocols of the Organizers are strictly followed. The Athlete expressly acknowledges and voluntarily accepts and assumes, on its behalf and on behalf of its Attendees, all such risks and dangers.

With full knowledge, recognition and understanding of the risks and dangers associated with its participation in the Series under these circumstances, the Athlete hereby agrees to participate in the Events voluntarily and fully accepts and assumes full liability for every such risk (foreseeable or otherwise) to the fullest extent permitted by applicable law, including for any and all risks of loss, damage or injury, whether caused by the Organizers and/or other parties involved in the organization and/or staging of the Events, or their respective representatives, officers, employees, agents, directors, service providers, contractors, subcontractors and participants.
Release and waiver of responsibility: In consideration for being permitted to participate in the Series, the Athlete, to the fullest extent permitted by applicable law, hereby waives, releases and forever discharges for itself, its Attendees, or its heirs, assigns, executors, administrators and legal representatives, any and all rights and/or claims which the Athlete or the aforementioned people may have, and hereby releases and forever discharges the Organizers from any liability whatsoever which the Athlete or its Attendees may have toward the Organizers for any loss, damages, injuries, illness (including death), related to the rules, protocols, recommendations implemented directly or indirectly in relation to Covid-19; and/or claims which may be sustained by the Athlete directly arising out of its participation and Attendees’ attendance at, the Events.

The Athlete, to fullest extent permitted by applicable law, hereby agrees to release defend, indemnify and hold harmless the Organizers from and against any and all damages, loss, liabilities, actions, suits, claims, demands and judgements, and costs and expenses whatsoever arising directly or indirectly out of Athlete and Attendees’ actions omissions or otherwise from Athlete participation in, or Attendees’ attendance at, the Events, whether made or claimed during or after each Event, including all associated costs and expenses and any amounts which any of the Organizers may pay.
Personal Data: The personal data concerning the Athlete and its Attendees and collected by EEL by virtue of this document shall be processed by EEL, for the purpose of managing the Athlete’s participation in, and the Attendees’ participation in or attendance at, the Events, in compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and/or by any other applicable law or regulation of the countries outside of the European Union where the Event takes place. The lawfulness of the processing of personal data shall stand on the need to perform this document and administer the Event and personal data for as long as the contractual relationship remains effective and, even after, such personal data shall be stored until the limitation periods of all liabilities derived from this document have expired. The Athlete hereby warrants that it has the authority and the necessary consents and permissions to pass onto EEL and the UCI and other parties related to organising the Events, any personal data required pursuant to the terms of this Athlete Disclaimer including, without limitation, the information required pursuant to Clause 5 and the Annex.
Applicable law and jurisdiction: This document shall be governed by and construed in accordance with the laws of England and the parties hereto shall submit to the exclusive jurisdiction of the relevant courts of London (UK) to the express exclusion of any other jurisdiction that may be applicable.

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