Season VII Partner Agreement

BY SUBMITTING THIS SIGNED PARTNER AGREEMENT, YOU ARE CONSENTING TO FOLLOW AND ABIDE BY ALL RULES AND GUIDELINES OUTLINED AND DEFINED IN THE FINA Season VII RULES IN ADDITION TO ALL ADDITIONAL GUIDELINES AND RESPONSIBILITIES STATED HERE IN THE FINA PARTNER AGREEMENT. YOU ARE ALSO AGREEING TO HAVE ALL GYM EMPLOYEES ABIDE BY THE FINA GYM CODE OF CONDUCT AND HOLD YOUR ATHLETES TO THE ATHLETE CODE OF CONDUCT.

In the interest of The Federation of International Ninja Athletics (“FINA”) maintaining a successful Partner Gym Program for its affiliated competitions and events, the following rules, guidelines, and responsibilities will apply to all FINA events. Partner Gym (“Partner”) agrees to the following:

1. TERM

1. The term of this Agreement shall cover an affiliation for the entire season as specified in the Welcome Letter (see Page 1). At the end of the term, this Agreement will automatically renew for all subsequent seasons, pending specific written announcement each season of any changes or addendums by FINA and signed acknowledgement of said changes by the Partner Gym.  This agreement may be terminated at any time by either party.

2. SPECIFIC PARTNER GYM RESPONSIBILITIES 

1. Partner agrees that at least one senior gym employee who will be present at the FINA competition will be SafeSport trained, and the SafeSport completion certificate of said employee will be submitted to FINA before the beginning of the event.
2. Partner agrees to provide adequate padding for the entirety of the athlete course during a FINA event.  For the purposes of this agreement, adequate padding is defined as a minimum of 1” of athletic padding per 12” of potential athlete fall height.
3. Partner agrees to provide safe, functional, and appropriate obstacles for use at a FINA event.
4. Partner agrees to have a well stocked first aid kit on site that includes at a minimum: bandages, ice packs, athletic tape, and splints.
5. Partner agrees to have active liability insurance for the entirety of their Partner Gym Agreement with FINA.
6. Partner agrees to not allow any athlete access to, or foreknowledge of, the specific FINA course(s) and/or associated obstacles before the beginning of the FINA event.
7. Partner agrees to accurately score and record each athlete’s run using the NinjaWorks cloud-based timing system.
8. Partner agrees to livestream the entirety of the FINA event - either through Facebook or YouTube.  Recordings must be made available for public and FINA viewing.
9. Partner agrees to adequately promote the FINA event to allow for open athlete participation.
10. Partner agrees to provide any desired medals or awards for any and all FINA Qualifier events separate from the FINA Speed and Endurance Finisher Badges, Top Three (3) Podium Certificates, and Ninja vs Ninja medals.

3. SPECIFIC FINA RESPONSIBILITIES

1. FINA agrees to promote all partner events on both FINA.ninja and social media.
2. FINA agrees to pay for, and provide access to, the NinjaWorks cloud-based timing system for all Partner Gyms.
3. FINA agrees to provide Athlete Finisher Badges and Podium Certificates to Partner before each FINA Qualifier event.
4. FINA agrees to provide any and all trophies and/or awards for FINA Sectionals and FINA World Championship.
5. FINA agrees to accurately maintain and update the NinjaWorks timing and scoring site with regards to athlete results from each FINA Qualifier for the duration of the season.
6. FINA agrees to have final authority over any athlete disputes or challenges with regards to an specific action or incident at a FINA event held at a Partner Gym.

4. SPECIFIC RECOMMENDATIONS

1. The following guidelines are strongly recommended by FINA for Partner Gyms. These are not specific rules, but recommendations that FINA feels are in the best interest of the sport and FINA competitions. Partner’s compliance with these recommendations is not mandatory, but appreciated.

1. FINA Speed Courses should follow a specific obstacle order (see FINA Speed; page 6).
2. The Course Designer should not serve as the Course Official.  The Course Official should work with the Course Designer to ensure that the rules of the course are being applied correctly and equally. Having two different persons in these roles helps to ensure that.
3. The Course Official should be the same person for the duration of the FINA event or specific division.
4. Division Timing adjustments may be made for the following divisions (see Timing; page 20):

1. 13U Female
2. Young Adult Female
3. Amateur Female
4. Masters Female
5. Top Flight Female

5. PROMOTIONAL MATERIALS

1. FINA agrees to make available to Partner certain logos, banner advertisements, button links, text links, and/or other graphic or textual material for display and use on any marketing collateral. Partner may display the Promotional Materials on Partner’s website prominently and as Partner sees fit.  Partner agrees to remove any Promotional Material from display at the request of FINA, upon request.
2. Partner agrees to allow FINA to use any and all media from FINA Qualifier and Sectional events in promotional materials directly for FINA, both in digital and print formats.

6. AFFILIATION REQUIREMENTS

1. Partner agrees to host FINA events within the parameters of the FINA Season VII Rules and Guidelines and associated Partner Agreement and Code of Conduct.  Any Partner behavior or action, or lack there-of, that willingly violates the FINA policies outlined in this document may result in termination of relationship for the current and/or future seasons.
2. FINA agrees not to limit Partner from hosting other competitions nor from being affiliated with any other league or organizations.

7. COURSE APPROVAL (see FINA Rules: Appendix A - Course Approval; pages 17-18 for more specific information)

1. Partner agrees to submit all specific course and obstacle, design and descriptions for any FINA course for approval to the FINA Course Approver no less than five (5) days before the event.

1. Partner agrees to the guidelines and definitions in the Official FINA Rules regarding obstacle specifics and course length.

2. Partner agrees to change anything within any course that FINA sees as unsafe or in violation of FINA rules.
3. FINA agrees to allow Partner to design their own courses within the parameters of FINA rules.
4. FINA will review and have approval or feedback back to Partner within 24 hours of submission, pending any extenuating circumstances.

8. REGISTRATION AND COMPENSATION

1. Partner will collect and maintain all registrations and monies for the FINA competition or events.

1. Alternative arrangements with FINA may be made in exception to this guideline with regards to registration and/or money collection. Any alternative arrangements must be finalized BEFORE the publication of event registration information.

2. Partner agrees to pay FINA in accordance with the current prices set for Partner’s country.

1. FINA will issue a formal invoice to Partner within one (1) week of the event.
2. Invoice amount will be based on actual run numbers as derived from the NinjaWorks timing and scoring system.

3. Partner may issue payment in any of the following forms:

1. Digital transfer via specific payment link on the invoice
2. Direct Venmo transfer
3. Direct PayPal transfer
4. Check or ACH payable to FINA

9. LIMITATION OF LIABILITY

1. IN NO EVENT SHALL FINA HAVE ANY LIABILITY TO PARTNER FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
2. IN NO EVENT SHALL FINA’s LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
3. FINA HAS THE ULTIMATE RIGHT TO ALTER THE TERMS OF THIS CONTRACT FOR ANY REASON THROUGH THE COURSE OF THE SEASON.  ANY MODIFICATION TO THESE TERMS WILL BE COMMUNICATED TO PARTICIPATING PARTNERS.