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IBL Player Consent Form

IBL Player Consent Form

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Published by Firstpost
The consent form given to players participating in the IBL tournament.
The consent form given to players participating in the IBL tournament.

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Categories:Types, Business/Law
Published by: Firstpost on Jul 25, 2013
Copyright:Attribution Non-commercial

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12/14/2013

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BAI/Players Agreement BAI/Legal
INDIAN BADMINTON LEAGUE
 –
PLAYERS CONSENT AGREEMENT
 This Players consent agreement is made on this ---------------------- by and between:
BADMINTON ASSOCIATION OF INDIA,
an association registered under the Societies Act andaffiliated to the Badminton World Federation, Badminton Asia Confederation, and the IndianOlympic Association having its office at BBD U.P. Badminton Academy, Vipin Khand, GomtiNagar, Lucknow (
here in after referred to as “
BAI
” which Expression shall unless repugnant to
the subject or context its successors and permitted assigns) of the Other Part.
AND _________________
son/daughter of ________________ aged
 ___
, resident of _____________and Pa
ssport No. _________ (here in after referred to as “
PLAYERS”
 
which expression shallunless repugnant to the subject or context include its successors and permitted assigns) of theother Part.
”BAI”
 
and “
PLAYER
” hereinafter may be referred to individually as “
PARTY
” and collectively as
“Parties
”.
 
WHEREAS:
A.
 
BAI have agreed to set up a professional league for badminton championship in India, to
be known as Indian Badminton Premier League (“IBL”) while IBL shall be governed by
the BAI, shall have exclusive commercial rights to exploits the IBL property.B.
 
BAI shall appoint franchisees, each of which shall participate in the IBL badmintontournament through its team. The IBL tournament will be held, on an annual basis, onthe dates to be decided BAI.C.
 
BAI shall hold an auction of professional badminton players, who desire to participate insuch auction, where each IBPL franchises shall have the opportunity to bid for services
of the Players to build its team (“
AUCTION”)
.D.
 
PLAYER has desired to offer himself for the AUCTION and has agreed to sign this consentto form to formally undertake to participate and abide by the results of the AUCTION.
 
BAI/Players Agreement BAI/Legal
NOW THERFORE
, in consideration of the foregoing and the mutual covenants, premises, provisions andagreements contained herein, the Parties agree as follows:1.
 
CONSENT AND UNDERTAKING
:PLAYER hereby undertakes and affirms that his/her services may be offered to the IBL,Franchises in the AUCTION for participation in the IBL tournament for a period of three years,subject to a base price of US$ _____ as her annual gross remuneration.PLAYER hereby undertakes and affirms that he/she shall accept and be bound by the results of the AUCTION.2.
 
FORMAT OF AUCTION
:The AUCTION is currently scheduled to be held between April third week to fourth week in2013. However, BAI may reschedule the AUCTION as its sole discretion.The manner, format and procedure of the AUCTION shall be determined by BAI in its solediscretion. PLAYER shall have no right to interfere in or object to the format of the AUCTION.3.
 
AGREEMENT BETWEEN PLAYERS AND FRANCHISEE:
The PLAYER shall sign a formal commercial agreement with IBPL Franchise which places thewinning bid on the PLAYERS, within seven days of the completion of the AUCTION. SuchAgreement shall be signed in four original counterparts; one each shall be retained by BAI,PLAYER and Franchise.4.
 
UNSOLD PLAYER:
If the PLAYER is offered in the AUCTION but no Franchise places an eligible bid for the PLAYER,the PLAYER shall remain unsold.Such unsold PLAYER shall make no claims against BAI. PLAYER understands and acknowledges
that neither BAI are responsible for PLAYER”s success or failure in the AUCTION and no
guarantee or warranty is offered as to the PLAYER being sold or as to any price that the PLAYERcan obtain.5.
 
DISQUALIFICTION
:
BAI may withhold the PLAYER’s name from the AUCTION or may cancel the sale of the PLAYER at
the AUCTION if such PLAYER is found have committed any misconduct or violated any laws, rulesor regulations including BAI regulations.
 
BAI/Players Agreement BAI/Legal6.
 
CANCELLATION OF AUCTION
:BAI may postpone, reschedule or entirely cancel the AUCTION for any reason, in its sole andunfettered discretion. Neither BAI shall incur any liability towards the PLAYER on account of such postponement, rescheduling or cancellation.7.
 
CANCELLATION OF FRANCHISE:
In case, BAI cancel the appointment of the IBL franchise which has purchased the PLAYER’s
services in the AUCTION, then PLAYER shall not be entitled to make any claim against BAI.8.
 
IRREVOCABLE CONSENT AND LIQUIDATED DAMAGES:
PLAYER acknowledges and understands that, in consideration of the PLAYER’s consent and
undertakings recorded herein, BAI will be finalizing the list of players to be put up in the
AUCTION and will be offering the PLAYER’s services in the AUCTIO
N to the franchisees forbuilding up their respective teams. Should the PLAYER resile from his consent andunderstandings herein, it can seriously delay and disrupt the finalization of the teams and theconduct of the IBPL tournaments, causing a huge loss to BAI.In view of the above, the player confirms that his/her consent and undertaking recorded hereinare irrevocable. PLAYER acknowledges and understands that in the event he/she breaches theterms of this Agreement, he/she shall be liable to pay to BAI, in equal shares, a sum equivalentto three times and base price, as liquidated damages for breaches of the contract. Playeracknowledges and understands that the above amount is a reasonable pre- estimate of damages the BAI shall suffer on account of the PLAYER breaching this contract.9.
 
REPRESENTATION AND WARRANTIES:
Each party represents, warrants and covenants to the other party that:a)
 
It has full capacity and authority to enter, execute, deliver and perform this Agreement;b)
 
It has obtained all licenses, clearance, permissions, approvals or consents from third partiesincluding any regulatory or government body as required by Applicable Laws or regulationsfor the purpose of performing its obligations under this Agreement;c)
 
The execution of this agreement and the performance of its obligations under thisAgreement and the implementation of terms and conditions contemplate, hereby do notconstitute a breach of any contract, agreement, arrangement or understanding entered intoby it with any third party or any intellectual property rights of any third party;

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