REGULATIONS AND PARTICIPATION TERMS. Yamaha R3 blu cru Cup Switzerland 2019

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1 REGULATIONS AND PARTICIPATION TERMS Yamaha R3 blu cru Cup Switzerland Parties to the Yamaha R3 blu cru Cup Switzerland 2019 a) hostettler ag (hereinafter HAG ) b) Fédération Moto Suisse (hereinafter FMS ) c) Valentinos Motorsports AG (organiser and party responsible for the Swiss Moto Racing Championships SMR) d) YART Yamaha Austria Racing Team (technical support) 2. Contribution of the Parties a) HAG shall define the structure and rules for the Yamaha R3 blu cru Cup Switzerland. It shall be responsible for the administration of the marketing and advertising rights of the Cup and for the communication between the individual stakeholders participating in the Cup. b) HAG shall be responsible for the communication on site and for the direct contact with the riders. It shall ensure delivery of the blu cru welcome package and of the sticker set. c) FMS shall represent the national motor sport associations and shall determine the admission requirements for the riders of the Yamaha R3 blu cru Cup Switzerland (FMS or international licence). It shall be up to the rider to obtain all necessary admissions via the respective national association. 3. Cup Structure a) Yamaha R3 blu cru Cup Switzerland The Cup shall be an integral part of the national and international Swiss Moto Racing Championships (SMR) in which the registered Yamaha riders shall be awarded their own ranking. Six events with two classified races each shall take place on each of the tracks specified in the calendar. b) The Cup Riders participating in the cup shall be provided with direct support by HAG and shall take part in the special blu cru programme of Yamaha for the promotion of young riders. The riders participating in the Cup shall benefit from special contributions in kind pursuant to clause 6 below. 1

2 4. Participation Requirements a) Riders aged 14 and above (as from the 2005 year of birth); no age limits b) The riders must hold a full FMS authorisation (licence) and must take part in the Swiss Moto Racing Championships (SMR) of the Yamaha R3 blu cru Cup Switzerland series with the provided Yamaha YZF-R3. c) As from the start of the Cup and during the entire season, the riders participating in the Cup must use the motorcycle fairing and the layout for rider equipment of the Yamaha R3 blu cru Cup Switzerland as provided by HAG in each case. d) The riders specified in the contract with HAG shall be obliged to participate in the Cup, unless they are prevented from participating by force majeure (e.g. injuries, serious illnesses documented by a medical certificate). e) HAG reserves the right to have a maximum of four wild-card riders from other categories (Superbike, Swiss Championships, European Championships, etc.) participate in each Yamaha R3 blu cru Cup Switzerland event. These riders shall not be eligible for points. 5. Registration Information a) The number of Cup participants shall be limited to 30 riders per year. b) Following receipt of the fully completed registration form to the address r3cup@yamahamotor.ch, the rider shall be added to the provisional list of participants. c) The fixed starting position shall be allocated once hostettler ag has received the completed registration form undersigned by the rider. For minor riders, a parent or the legal representative must undersign the form. To allow for the allocation of a fixed starting position, the pre-defined payment terms must be adhered to (see clause 11). d) The rider shall receive an from HAG to confirm the provisional and, once the undersigned registration is available, the definite confirmation. Before such is received, the registration shall be deemed not obtained or confirmed. e) All information provided by the rider must be complete and correct and shall be verified by HAG. HAG reserves the right to exclude a rider at any time from participating in the Cup if it becomes known that the information provided by the rider is incomplete and/or incorrect. 6. Contributions in Kind for the Cup Participants a) Each participant shall be provided with a Yamaha YZF-R3. The motorcycles shall be allotted prior to the season. The motorcycle shall remain the property of hostettler ag. At the end of the season, the riders shall be provided with the opportunity to acquire the motorcycle at a predefined price. 2

3 b) Each participant shall be provided with a racing kit from HAG. This kit shall include a Yamaha YZF-R3 (property of HAG), a motorcycle fairing, a sticker set, a racing seat, a windscreen, an Öhlins chassis kit at the rear (Öhlins cartridge insert at the front), an Akrapovic exhaust pipe, brake discs (Brembo, at the front), YART foot pegs, a handlebar, handholds, a throttle control, an air filter, an engine protective cover, a chain, one rim in the front, one rim at the rear, a Yamaha paddock kit (two t-shirts, two pit shirts, two hoodies, a jacket, a cap, a fleece cap, a backpack, an umbrella, a blu cru drinking bottle. c) Additional contribution in kind Fuel in all events d) Race-related information The rider shall be provided with information on the track analysis and on the motorcycle equipment and with support from HAG and by YART. e) Support at the race track Preparation of and logistics for the motorcycle before and during the racing weekends shall be ensured by YART. During each Cup lap, YART service representatives shall be available on site to ensure the spare parts service. In case of a fall, the YZF-R3 shall be assessed by YART. Malfunctions must be rectified, and damaged parts must be replaced. They shall be offered to the riders at a reduced price. Tyres: Pirelli shall be the exclusive supplier for the R3 Cup. Dry tyres: Pirelli Supercorsa SC, dimensions: 110/70 ZR 17 and 140/70 ZR 17 Rain tyres: Pirelli Diabolo Rain, dimensions: 110/70 ZR 17 and 140/70 ZR 17 Each weekend, the riders shall have two front plus three rear tyres at their disposal. f) Visual support of the brand message HAG shall be available to the riders for all necessary information regarding their visual identity. Leather suit, team wear and the logo package must be mandatorily used by the riders. g) Hospitality In each Yamaha R3 blu cru Cup Switzerland event, two persons (rider and the rider s guest) shall have access to the food and drink offered in the Yamaha Hospitality. 3

4 h) Success fees The three top-placed riders of the Yamaha R3 blu cru Cup Switzerland shall be entitled to win a prize. This performance bonus shall be disbursed at the end of the Swiss Championships, provided that the rider is able to confirm that he/she will take part in a championship on a Yamaha motorcycle in the succeeding year. The prize money will be as followed: 1 st place: CHF 10, nd place: CHF 7, rd place: CHF 5, FIM Participation Terms for the European SSP Championship 2020 In the event that the Cup winner will not be able to take part in the FIM European SSP Championship in the 2020 season, HAG may select another Cup rider at its own discretion. 8. Riders Behaviour a) Wearing / Handling Equipment The riders undertake to wear the equipment defined by HAG and included in the package on the occasion of all competitions, official trainings and appearances in the media associated with the Yamaha R3 blu cru Cup Switzerland. The rider shall be prohibited from altering the provided equipment and, in particular, from removing and concealing any marks of the sponsor or from affixing marks of other equipment manufacturers. Furthermore, it shall be prohibited to transfer, especially to sell, give away or lend the provided equipment to third parties. Rider sponsors must not be competing products of all R3 Cup sponsors as well as all HAG brands. b) Doping A case of doping shall be deemed to exist where it can be demonstrated that the rider has violated the relevant doping provisions of the Yamaha R3 blu cru Cup Switzerland. In this case, HAG shall be entitled to withdraw herefrom with immediate effect and to retain any services not yet rendered hereunder. A positive A and B sample or the rider s waiver of a B sample after the results of a positive A sample have become available or a corresponding admission by the rider, in any case, however, the establishment of the doping offence by the body in charge shall already be deemed sufficient evidence. A final judgement of a state court or arbitration court shall be no prerequisite for the dissolution of the contract. c) Behaviour Riders participating in the Cup shall be required to behave correctly at any time: on the racetrack, on the podium, on the racecourse, towards the media and in public. Mutual loyalty vis-à-vis competitors, brands and the public shall be a prerequisite as the highest credo. d) Social Media Anyone who communicates or actively reports about his/her participation in the Yamaha R3 blu cru Cup Switzerland on social media must always do so in due and proper form. Besides the indication of the correct Yamaha R3 blu cru Cup Switzerland designation, this shall also include using appropriate photographic material as well as adequate behaviour. 4

5 9. Image Rights / Privacy The rider shall grant HAG, free of charge and without any limitation in time or space, all image rights for all potential means of communication as well as the exclusive right to use the rider's name, the design(s), the personal racing number, initials, likenesses including photographed portraits, films, videos, CD-/DVD- ROMs as well as all remaining film materials or all comments written by the rider using electronic means as well as comments and position statements in connection with the advertising measures, activities to promote and sell motorcycles or other products manufactured and/or sold by HAG or shall ensure that HAG will be granted such right. 10. Term The contract (see clause 11. a)) and the regulations shall enter into force on the day it is undersigned by both parties and shall end automatically on 31 December 2019, without this requiring any separate termination on the part of HAG or of the rider. 11. Payment Terms a) HAG shall elaborate a separate contract with each Yamaha R3 blu cru Cup Switzerland participant. b) The overall costs of CHF 25, shall include the participation in six events (two races per event), one training day on Friday, one training resp. one qualification and one race on Saturday, one qualification and one race on Sunday, one training camp on two days early 2019 with Valentinos Motorsport AG (track still to be defined). To ensure further training possibilities outside the SCS Swiss Championship, HAG shall provide prospects with a R3 Cup motorcycle against a fee of CHF 1, for two days pursuant to a separate agreement. c) The overall costs of CHF 25, shall be paid by instalments as follows: CHF 10, in February upon handover of the motorcycle and of the clothing kit; CHF 10, after three events; and the remaining amount of CHF 5, on the first day of the last event. d) If the payment terms specified under c) are not complied with, this shall result in the rider being excluded. In this case, the next rider shall move up in the waiting list pursuant to the FMS Regulations. 12. Insurance The rider shall acknowledge the risks and dangers arising from any participation in the Yamaha R3 blu cru Cup Switzerland. In the case of an accident resulting in injury, permanent disability or death, any liability by HAG shall be excluded. 5

6 13. Final Provisions a) This contract shall be undersigned in three counterparts. b) By registering for this cup and signing the registration form, the rider shall confirm that he/she has read and understood the regulations and the participation terms. At the same time, HAG shall become entitled to process and use the provided data for registration and communication purposes pursuant to the laws of the Swiss Confederation accordingly. c) The rider shall agree that all disputes in connection with the participation in the Yamaha R3 blu cru Cup Switzerland, including the use of the information provided by the rider by HAG, shall be settled by the court having jurisdiction in Switzerland. 14. General Provisions and Place of Jurisdiction Modifications and amendments shall require the written confirmation of both parties. This contract shall not give rise to any joint venture relation or ordinary partnership between the parties and shall make no party become a representative or agent of the other party. If any differences in opinion arise which cannot be settled by amicable means, the place of jurisdiction shall be Sursee, Lucerne. Date: Place:.. Signature of the rider: Signature of a parent / legal representative:. Date: Place:.. hostettler ag. Vincent Mentha Franz Hunkeler Managing Director Responsible Project Manager hostettler ag Yamaha Yamaha R3 blu cru Cup Switzerland Please send the undersigned contract to: hostettler ag, Yamaha R3 blu cru Cup Switzerland, Franz Hunkeler Haldenmattstrasse 3, CH-6210 Sursee 6

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