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LITECLUB AGREEMENT SUMMARY
We agree, reading legal jargon isn’t fun. Following is a summary of the main points of the agreement which follows. It’s true, there are no catches, and yes LiteClub is a completely free service for sports clubs - made possible by funding from trusts, local government, central governemnt and philanthropists.
A club representative who registers a sports club on LiteClub’s website becomes first point of contact for the following process:
1. The LiteClub team will visit your club in order to accomplish the following:
(A) Access the entirety of the clubrooms to conduct an environmental efficiency assessment.
(B) Install a number of free products that may include; LED lightbulbs, tap aerators, cistern weights, hot water pipe lagging and cylinder wraps. The intention of installation is to reduce ongoing running costs for the Club.
(C) Award efficiency medals to the Club and position collateral in the clubrooms (posters and stickers featuring LiteClub’s sporting ambassadors).
2. Subsequent to the club visit:
(A) Produce an Efficiency Action Plan for the club that will identify additional efficiency upgrade projects that the Club may wish to implement (at the expense of the club).
(B) If the Club wishes to implement any of the additional initiatives outlined in the Efficiency Action Plan, Liteclub will assist in facilitating this with advice, objective product information and funding leads. This is also done at zero cost to the club.
LITECLUB TERMS AND CONDITIONS
THIS LITECLUB AGREEMENT is made on the date of online club registration submitted by the sports club representative via the LiteClub website at www.liteclub.org/register-your-club
BETWEEN: PROJECT LITEFOOT TRUST (PLT) a duly incorporated charitable trust having its registered office at Level 3, The Textile Centre, 1 Kenwyn Street, Parnell, Auckland
AND: REGISTRANTS SPORTS CLUB (CLUB) as per online registration form submitted by the sports club representative via the LiteClub website at www.liteclub.org/register-your-club
A. The LiteClub programme (the Programme) has been designed, and is being implemented, by PLT. Through the Programme, PLT aims to work with sports clubs throughout New Zealand in an initiative to reduce their environmental impact and demonstrate the cost savings that can accompany this.
B. The Club wishes to participate, and PLT has agreed to the Club’s participation, in the
Programme on the terms set down in this Agreement.
3. THE PROGRAMME
3.1 The Club has agreed to participate, and PLT has agreed to the Club’s participation, in the Programme.
3.2 The Programme will be implemented over nine steps outlined below:
(a) the Club will appoint a “Champion” who will act as the Club’s point of contact with PLT and assist with confirming the visit time. Otherwise specified otherwise, the club representative who registers on LiteClub’s website shall be considered the “Champion.”
(b) on a date and at a time agreed by PLT and the Club, the LiteClub team will visit the
club in order to assess the environmental efficiency of the Club’s facilities; and install a number of products that may include but not be restricted to LED lightbulbs, tap aerators, cistern weights, hot water pipe lagging and cylinder wraps. A senior Club member, preferably the champion, should be present during the assessment;
(c) following the assessment, PLT will produce an Efficiency Action Plan detailing secondary initiatives that may further reduce the club’s environmental impact;
(d) with the prior agreement of the Club, PLT can facilitate the implementation of any agreed secondary initiatives – or simply provide project assistance or oversight;
3.3 PLT and the Club will work together to give effect to the Programme.
4. CLUB OBLIGATIONS
4.1 In consideration for its participation in the Programme, the Club:
(a) will provide PLT with reasonable access to Club officials, as required by PLT;
(b) will ensure prompt decision making and turn around time / communications, where required including but not limited to responding to emails and phone messages from PLT within 5 working days of receipt; and
4.2 The Club authorises PLT to use its name to the extent reasonably necessary to give effect to the benefits set down in clause 5 (the Benefits).
5.1 As a participant in the Programme, PLT agrees that the Club may:
(a) use the phrase “LiteClub Participant” or such other phrase as PLT may consent to in writing from time to time;
(b) upon written request to PLT have its name included in PLT publications along with the names of other LiteClub participants and participants in other PLT initiatives;
(c) if agreed by PLT have its name feature on, and hyperlinked from, PLT’s website. The Club must ensure that any Club website that is hyperlinked from PLT’s website will not:
(i) contain content that adversely affects PLT’s reputation and goodwill;
(ii) breach any law or applicable industry code; and/or
(iii) contain any misrepresentations or be misleading or deceptive or likely to mislead and deceive or breach any person’s intellectual property; and
(d) together with its members be invited to attend events run by PLT.
5.2 The Club may exercise those Benefits that relate to PLTs’ image, logo or reputation
(including being a participant in the Programme) only with the prior written consent of PLT. The parties will work together in good faith to agree promotional guidelines.
5.3 The Club will obtain PLT’s prior written approval (which shall not be unreasonably withheld) in relation to all of its promotional activities associated with PLT.
6. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
6.1 Except as required by law, or as set down in this Agreement, the parties will, and will procure that their officers, employees and agents will, keep the terms set out in this Agreement (including but not limited to the obligations of the parties) confidential and will keep confidential all other aspects of the other party's, activities, organisation, promotions and events confidential and will not disclose that information, without the prior written or verbal consent of the other party.
6.2 No right, title or interest in or to the trade marks and logos of PLT (including the Logos) are granted to the Club other than in accordance with this Agreement and the Club will not dispute the intellectual property rights of PLT. In complying with its obligations set out in this Agreement, PLT may use the Club’s logo with the Club’s prior written approval, which approval will not be unreasonably withheld or delayed.
7. LIMITATION OF LIABILITY
7.1 To the maximum extent permitted by law, except for fraud, wilful damage or gross negligence, neither party will be liable to the other for loss or damage of any kind whatsoever or howsoever arising out of or in relation to this Agreement.
7.2 Neither party will be liable to third parties for the acts or omissions of the other party.
8.1 This Agreement contains the entire understanding between the parties concerning the subject matter of this Agreement and supersedes all prior communications between the parties.
8.2 Nothing in this Agreement (or any of the arrangements contemplated in it) will be deemed to constitute a partnership between the parties nor, save as may be expressly set out in this Agreement, constitute either party the agent of the other party for any purpose. In addition, unless otherwise agreed in writing between the parties, neither party will enter into contracts with third parties as agent for the other party nor will either party describe itself as agent of the other party or in any way hold itself out as being an agent of the other party.
8.3 Neither party will be deemed to have waived any right under this Agreement unless the waiver is in writing and signed by the parties. Any failure or delay by a party to exercise any right or power under this Agreement will not operate as a waiver of that right or power. Any waiver by a party of any breach, or failure to exercise any right, under this Agreement will not constitute a waiver of any subsequent breach or continuing right.
8.4 Neither party will at any time take any steps that bring the reputation or good standing of the other party or its products or business into disrepute.
8.5 Neither party will assign or transfer its rights or obligations set out in this Agreement nor purport to or sub-licence the Benefits in any way without the prior written consent of the other party.
8.6 This Agreement may be executed in any number of counterparts each of which is to be deemed an original, but all of which together are to constitute a single instrument. A party may enter into this Agreement by executing any counterpart.