Tennent's Premiership Minimum Operating Standards June 2018
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Contents Foreword 3 Part 1. Club Minimum Operating Standards 5 Part 2. Associated Funding: 8 2.1. Tennent’s Premiership Player Improvement & Medical Investment 2.2. Travel Support 2.3. Club Sustainability Fund 2.4. Rugby Development Officer Funding 2.5. Mitsubishi Motors Conference Participation Funding 2.6. Professional Player Reward Scheme 2.7. Club Accident Insurance Scheme 2.8. Club Ticket Commission 2.9. Group Offer 2.10. Referee Expenses Part 3. Club Minimum Operating Standards Terms and Conditions 2018/19 16 Part 4. Appendices (including Acceptance form) 22 2 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Dear Club Secretary, Tennent’s Premiership Minimum Operating Standards 2018/19 To support the delivery of Agenda 3 – Scottish Rugby’s plan to work together with clubs, schools and the wider community to create a bright future for club rugby at all levels in Scotland – Scottish Rugby is introducing Minimum Operating Standards and the Club Sustainability Award from September 2018. The new arrangement replaces funding previously provided via the Club Participation Agreement. To be able to participate in rugby in Scotland and to be eligible for funding, your Club must meet the Minimum Operating Standards and accept and comply with the terms and conditions attached to those standards. The purpose of this document is to set out the Scottish Rugby funding available to your Club on the basis you meet the Minimum Operating Standards and accept and comply with the terms and conditions. This also encompasses funding around travel, player insurance, pro-player rewards, referee expenses and club ticket commission. We are doing this to help clubs develop in a more sustainable way, by; • Separating the core elements of your activities (which are the minimum standards) from the additional elements (the Club Sustainability Award); • Introducing funding that reflects what you’re doing (so if your Club is doing more to develop rugby opportunities in your local community there is more support available); and • Setting defined levels through bronze, silver and gold criteria, for clubs to achieve and provide incentives for clubs to reach those levels. At the end of 2017, we circulated guidance on how to apply for the Club Sustainability Award and those clubs who wished to apply for the award have submitted the relevant paperwork for the forthcoming season. The application process for both Minimum Operating Standards and the Club Sustainability Award is designed to be straightforward as we appreciate your time as volunteers is limited. If your Club meets the Minimum Operating Standards and wishes to accept the relevant terms and conditions, please have the Acceptance Form set out in the appendices to this document signed by your Club’s president and secretary. Then return it to Rebecca Finnie by email: clubadmin@sru.org.uk or by post at Rugby Development, Scottish Rugby, BT Murrayfield, Edinburgh, EH12 5PJ, no later than 10 August 2018. 3 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
By signing and returning the Acceptance Form, your Club will be making a declaration that you meet the Minimum Operating Standards and will enter into a legally binding contract with Scottish Rugby, based on the relevant terms and conditions. If your Club is unsure of the meaning or effect of any of the terms included in this document, it should seek independent advice. Good luck for the season ahead. We look forward to working with you. Should you have any queries regarding the attached information, please contact me or Rebecca Finnie. Best Regards, SHEILA BEGBIE MBE Director of Rugby Development 4 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Part 1: Club Minimum Operating Standards & Funding The Minimum Operating Standards represent essential compliance and operational standards that your Club should already be meeting (or have established) to operate in a safe and responsible way in accordance with good governance principles. These should already be familiar to you. If your Club meets the Minimum Operating Standards set out below and accepts and complies with the Minimum Operating Standards Terms and Conditions (set out in Part 3 of this document), it will be eligible to: • participate in Scottish Rugby’s league and cup competitions; • receive £1,500 from Scottish Rugby in Season 2018/19 (payable in May 2019)*; and • receive other Scottish Rugby funding as set out in Part 2 of this document below. *If your Club has not applied for (or has not been successful in its application for) a Club Sustainability Award. The Minimum Operating Standards are as follows (where a defined term is used below then the relevant definition in the Minimum Operating Standards Terms and Conditions shall apply): Category Criteria Player Welfare RugbyRight: All active club coaches and match officials must be qualified as RugbyRight by 31 October 2018. Any person who wishes to start coaching or refereeing after 31 October 2018 must be qualified as RugbyRight before undertaking any coaching or refereeing activity. Medical/First Aid: Wherever rugby matches are played or training is conducted there must be: • appropriate first aid cover and equipment provided (determined by an appropriate risk assessment); • access to a telephone to ensure emergency services can be called immediately and; • clear vehicular access for an ambulance or other emergency vehicle. Please note that it is Scottish Rugby’s intention to introduce the minimum standard that a qualified first aider must be present at all rugby matches from Season 2020/21. Are You Ready to Play Rugby? policies: Comply with Scottish Rugby’s Are You Ready to Play Rugby? policies. Serious Injury Reporting: Promptly complete and submit a Serious Injury Report to Scottish Rugby if any player has a rugby injury or related illness and as a result: 1. Attends hospital or is seen by a medical practitioner 2. Has a suspected or confirmed concussion 3. Requires time away from the game* *According to World Rugby ‘Time loss injury was defined as the inability to participate fully in training or match play after an injury that occurred during either rugby training or game according to a recent IRB injury definition consensus statement’ Concussion: Comply with Scottish Rugby’s Concussion policy. Child Protection Child Protection Policy: All clubs with youth players or participants, or who undertake youth activity, or who maintain a youth section must: (for the purposes of this • sign up to and apply the Scottish Rugby Policy on Child Protection and section, “youth” means Welfare; and a person aged 18 or under) • operate and maintain a Child Protection and Welfare Policy in respect of the Club that is easily accessible to all Club members. 5 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Child Protection Officer: All clubs with youth players or participants, or who undertake youth activity, or who maintain a youth section must: • appoint a Child Protection Officer in respect of the Club to be responsible for all aspects of child protection and safeguarding within the Club (and must ensure that such person’s contact details are clearly visible on the Club’s website/social media pages); and • ensure that the Club’s Child Protection Officer: i) has completed intermediate level child protection training every Season; ii) maintains complete and accurate PVG Records in respect of the Club and its activities; and iii) accurately completes and signs the Secondary Organisation Form for Disclosure Scotland. PVG Membership: All clubs with youth players or participants, or who undertake youth activity, or who maintain a youth section must: • ensure that all persons undertaking or participating in any coaching of rugby at youth level have satisfactorily completed the Protecting Vulnerable Groups (PVG) application process, become a PVG scheme member and provided an up to date PVG number to Scottish Rugby; and • ensure all persons undertaking or participating in any coaching of rugby at Under-18 level and below have completed RugbyRight (the course includes a Child Protection element accredited by NSPCC). Sustainability & Sustainability: Operate on a sustainable basis within its current means, both on and Governance off the field, with a strong infrastructure to enable the Club to develop and succeed. Governance: Maintain good standards of governance, including maintaining an open constitution, maintaining key office bearers, submitting annual accounts, maintaining and operating in accordance with a defined code of conduct and holding an Annual General Meeting. Insurance, Club Insurance: Maintain sufficient and appropriate insurance cover in respect of Regulatory & Legal the Club’s activities, including where applicable public liability and employer’s liability insurance. Scottish Rugby Club Accident Insurance: Comply with the insurer’s terms and conditions and any relevant requirements of Scottish Rugby in respect of the Scottish Rugby Club Accident Insurance Scheme (including returning a completed proposal form in the format provided by Scottish Rugby by no later than the date specified by Scottish Rugby). Registration Requirements: Comply with any and all of Scottish Rugby’s requirements in respect of SCRUMS or any other relevant Scottish Rugby registration system and provide accurate and up-to-date information in respect of the same. This must include registering (or procuring the registration) of all the Club’s players at all levels of rugby (mini to adult, male and female), together with all the Club’s coaches and other requested individuals, key contacts or office bearers. Player Clearance: Ensure that all players who have been playing outside Scotland (including in England, Wales or Ireland) are cleared by Scottish Rugby to play in Scotland before they do so. Material Benefits: Comply with HMRC rules and regulations regarding Player Material Benefits and provide Scottish Rugby with details of any such payments. 6 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Laws & Regulations: Be and remain a member of the Union during the Season and comply with and operate in accordance with: • the Bye-Laws; • Scottish Rugby Regulations; • World Rugby Regulations; • UK Anti-Doping Agency (UKAD) rules, policies, guidelines and procedures; • the Code of Conduct; and • any and all Applicable Laws. Discipline Record: Maintain a disciplinary record to Scottish Rugby’s satisfaction. Competition In respect of League and Cup Competitions: • complete all fixtures to the reasonable satisfaction of Scottish Rugby; • participate in the relevant competitions in accordance with Scottish Rugby Regulations; • be responsible for player transfers between clubs and dual registration in accordance with relevant Scottish Rugby Regulations and the transfer deadline for the Season; • ensure a copy of their teamsheet is submitted via SCRUMS no later than 48 hours after the relevant match kick-off time; • produce a home match programme displaying the Scottish Rugby logo in a prominent position and which includes a full-page advert for any relevant Competition sponsor in the format prescribed by Scottish Rugby; • announce Tennent’s League matches in any PA announcements at the Club’s home ground as a Tennent’s Premiership League Fixture; • if provided by Scottish Rugby, display any Scottish Rugby and/or Scottish Rugby sponsor advertising material prominently throughout the Club and actively promote this through Club committees; • if provided, insert any Scottish Rugby and/or Scottish Rugby sponsor promotional materials in the Club’s home match-day programmes. In respect of Schools and Youth Competitions: • complete all fixtures to the reasonable satisfaction of Scottish Rugby; • participate in the relevant competitions in accordance with relevant Scottish Rugby Regulations; • comply with the Schools & Youth results reporting procedure as notified to clubs by Scottish Rugby from time to time; • if requested, provide Scottish Rugby with team sheets for Under-18, Under-16 and Under-15 conference matches within 48 hours of the request; and • attend conference ‘kick-off’ and review meetings as required by Scottish Rugby. Marketing & Follow any Scottish Rugby or Scottish Rugby sponsor marketing and branding Branding guidelines. 7 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Part 2: Other Scottish Rugby Funding & Support If your Club meets the Minimum Operating Standards and accepts and complies with the Minimum Operating Standards Terms and Conditions then it may be eligible to receive other Scottish Rugby funding and support as set out in the Part 2. This can be summarised as follows: Funding Area Amount Action required from club Payment date Premiership – Prize £37,500 to £42,500 See Section 1 of this Part 2. Money, Player Improvement & Medical Fund £4,000 Meet applicable standards. February 2018 Coaching Following course or Director of Rugby £4,000 Meet applicable standards. workshop Claims for medical, Payment at end of Submit claims by 8 October match analysis, nutrition October 2018, end of 2018, 10 December 2018, 11 & S&C December 2018, end February 2019, of February 2019 8 April 2019. and April 2019 Submit CSA application form by 24 June 2018. Accept and Club Sustainability Bronze - £3,500, Silver - 50% in October 2018 comply with CSA terms and Award £5,000, Gold - £10,000 & 50% in May 2019. conditions and criteria for relevant accreditation level. Travel Support Scheme Mileage based payment Tennent’s League travel - See Section 2 of this None. Part 2. Cup travel - None. Travel to Scottish Islands - application form. Travel from Scottish Islands - contact Laura Henderson. Club Sustainability Fund Up to £2,000 for Fast See Section 3 of this Part 2. To be agreed Track, £10,000 for between club and Revenue and £50,000 Complete application at Scottish Rugby. for Capital projects. advertised time. Apply and comply with CSF terms and conditions and award criteria. 8 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Rugby Development Club dependent Sign, return and comply with Following successful Officer Funding applicable Partnership and return of Partnership Investment Agreements as & Investment required. Agreement Professional Player maximum of £3,500 per See Section 6 of this Part 2. June 2019 Reward Scheme player Insurance premiums £540 per adult team See Section 7 of this Part 2. N/A (paid direct by Scottish Rugby) £60 per age-group Insurance Proposal Form to be team (U18/mini/midi) submitted by 15 September 2018 £60 per adult restricted fixtures team Club Ticket Commission Based on applicable % None. June 2019 for each international game 9 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
2.1. Tennent’s Premiership Player Improvement & Medical Investment Investment Area Total Amount across Premiership Player Improvement £275,000 Prize money £10,000 Medical £100,000 Total £385,000 Breakdown Area Total Per Club Prize Money £10,000 £5,000, £3,000, £1,000, £1,000 Coaching £40,000 £4,000 Directors of Rugby £40,000 £4,000 Match Analysis Project £45,000 (maximum) £4,500 (maximum) Medical £100,000 £10,000 Nutrition, S&C, Match Analysis £150,000 £15,000 Total £385,000 £37,500 - £42,500 2.1.1. Prize money for play-off teams The clubs who reach the end of season play-offs may receive the following additional funding: • £5,000 to the winner of the 2018/19 Tennent’s Premiership Grand Final; • £3,000 to the runner-up in the 2018/19 Tennent’s Premiership Grand Final; and • £1,000 to each of the clubs who lose in the first round of the 2018/19 Tennent’s Premiership Grand Final play-offs. 2.1.2. Premiership Player Improvement Fund Up to £27,500 is available to help clubs improve standards of play and develop a more professional infrastructure. A full breakdown of this funding is set out above. This funding has been allocated to “Coaching & Directors of Rugby”, “Match Analysis” and “Nutrition and Strength & Conditioning”. Clubs may claim this funding if they meet the standards set out in this paragraph and the relevant Appendices to this document. Clubs may draw down this funding if they submit written claims to Scottish Rugby in advance of the following dates: • 8 October 2018 • 10 December 2018 • 11 February 2019 • 8 April 2019 10 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Clubs submitting an eligible claim may receive the relevant payment by the end of the month in which the claim was submitted. If clubs submit claims after the above dates, Scottish Rugby cannot guarantee that such claims will be processed until the next claim period. Clubs must submit claims against expenditure using the form prescribed by Scottish Rugby and provide copies of all related expenditure e.g. invoices, payroll documentation or any other information that may be reasonably requested by Scottish Rugby. The template claim forms will be circulated at the start of the season. Coaching & Directors of Rugby – up to £8,000 may be available towards the rugby positions of Head Coach and Director of Rugby, subject to the club meeting the standards set out in Appendix 1 of this document. Match Analysis – each club may be provided with a managed programme of filming and tagging to facilitate a consistent standard of match footage and the analysis of team, unit, player and referee performances (along with an analysis platform to host this content). A value associated with this support of up to £4,500 per club will be deducted at source from each club’s funding. Each club must provide a named contact to liaise with the Scottish Rugby camera operators each time they arrive at the club ground. Clubs that incur other expenditure in this area e.g. purchasing specific equipment such as laptops etc. may also be entitled to re-claim these costs. Nutrition – Each club may draw down funding in accordance with the standards set out in Appendix 2 of this document. Strength & Conditioning – Each club may draw down funding in accordance with the standards set out in Appendix 3 of this document. 2.1.3. Premiership Medical Investment Up to £10,000 to contribute towards medical and physiotherapy support. Clubs may claim this funding if they meet the Medical and Physiotherapy Standards and Professional Player Medical Protocols set out in this paragraph and Appendix 4 of this document. Clubs may draw down this funding if they submit written claims to Scottish Rugby in advance of the following dates: • 8 October 2018 • 10 December 2018 • 11 February 2019 • 8 April 2019 Clubs submitting an eligible claim may receive the relevant payment by the end of the month in which the claim was submitted. If clubs submit claims after the above dates, Scottish Rugby cannot guarantee that such claims will be processed until the next claim period. Clubs must submit claims against expenditure using the form prescribed by Scottish Rugby and provide copies of all related expenditure e.g. invoices, payroll documentation or any other information that may be reasonably requested by Scottish Rugby. The template claim forms will be circulated at the start of the season. 11 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
2.2. Travel Support Long Journeys If a club or school is required to fulfil a Tennent’s League, Tennent’s National and Tennent’s Regional Reserve Leagues, Tennent’s Regional Reserve fixtures, Cup, National Youth Cup, Schools & Youth Conference Competitions (Tier 1-3), Youth Regional League (Tier 4), Scottish Schools’ Cup, or Girls’ Cup or Conference match with a return journey in excess of 200, 400 or 600 miles, Scottish Rugby may make a travel contribution in respect of each of these journeys (excluding visits to the Scottish Islands which are covered below) as follows: • Return journey of 200 or more miles - £300 per journey • Return journey of 400 or more miles - £450 per journey • Return journey of 600 or more miles - £600 per journey Youth & School Multiple Team Travel on same day. • Return journey of 200 or more miles, 1-2 teams - £300 per journey (in total) • Return journey of 200 or more miles, 3-4 teams - £600 per journey (in total) • Return journey of 200 or more miles, 5 teams - £900 per journey (in total) • Return journey of 400 or more miles, 1-2 teams - £450 per journey (in total) • Return journey of 400 or more miles, 3-4 teams - £900 per journey (in total) • Return journey of 400 or more miles, 5 teams - £1,350 per journey (in total) • Return journey of 600 or more miles, 1-2 teams - £600 per journey (in total) • Return journey of 600 or more miles, 3-4 teams - £1,200 per journey (in total) • Return journey of 600 or more miles, 5 teams - £1,800 per journey (in total) Travel to Scottish Islands If a club or school is required to fulfil a Tennent’s League, Tennent’s National and Tennent’s Regional Reserve Leagues, Tennent’s Regional Reserve fixtures, Cup, National Youth Cup, Schools & Youth Conference Competitions (Tier 1-3), Youth Regional League (Tier 4), Scottish Schools’ Cup, or Girls’ Cup or Conference match with a return journey to one of the Scottish Islands, Scottish Rugby may make a maximum travel contribution in respect of each journey as follows: Travelling to Stornoway, Orkney and Shetland: • Adult competitions – £2,750 per return journey • Youth and school competitions - U18 teams - £2,000 per return journey (due to adult ferry tariff for players aged over 16) and U16 teams and below - £1,200 per return journey (Shetland £2,750 per return journey). • Multiple U16 teams - £1,800 per return journey (2 teams) in total - £2,800 per return journey (3 teams) in total Travelling to Arran, Bute, Cowal and Mull: • Adult competitions – £375 per return journey • Youth and school competitions – £200 per return journey 12 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Stornoway, Shetland & Orkney Rugby Clubs – Travel Subsidy To support the participation in male league fixtures, Scottish Rugby will make an upfront travel subsidy payment in October 2018 to support the three clubs who have considerable travel challenges based on their island location. For cup fixtures and travel for other teams such as women’s or youth and any school teams please claim for each specific journey if competing in the Cup, National Youth Cup, Youth Regional League, Scottish Schools’ Cup, or Girls’ Cup match. Payment Long Journey Travel Payments for male Tennent’s Premiership, National or Regional fixtures may be made by BACS transfer to an account nominated by each club by the end of October 2018. Please note the change of Women’s Tennent’s Premiership payment to May 2019 due to the introduction of a split league format. Long Journey Travel Payments in respect of all other fixtures will be made following the end of the relevant competition in May 2019 to the same account. Mileages will be calculated based on information from the AA. The AA route planner can be found at theaa.com/route-planner/index.jsp. For clubs participating in club youth conferences with multiple teams travelling, a cumulative approach to individual team travel will be adopted. Payments will be made at the end of the conference programme in January 2019. Island Travel Payments will be made on receipt of a claim form and appropriate receipts. The Island Travel claim form is available to download here: scottishrugby.org/club-competitions-forms-downloads. 2.3. Club Sustainability Fund The Club Sustainability Fund (CSF) is designed to help clubs become more sustainable by offering awards from three strands. Clubs can receive one award from the CSF each season (subject to a successful application). The three strands are: 1. Club Sustainability Fund - FastTrack for small facility improvements and maintenance projects. Clubs may apply for 50% of project costs up to £2,000. 2. Club Sustainability Fund - Revenue for seed funding for Business Development Manager posts to help clubs generate more income and improve the customer service to their members. Up to £10,000 is available. 3. Club Sustainability Fund - Capital for larger facility projects. Clubs can apply for funding up to £50,000. For further information on the three strands of the CSF please see the CSF webpage here: scottishrugby.org/domestic-rugby/club-services/club-sustainability-fund 2.4. Rugby Development Officer Funding Scottish Rugby supports clubs to develop rugby in their local community by investing in partnerships for Club Development Officers and Community Coaches. Please speak to your relevant regional Rugby Development staff for more information. 2.5. Mitsubishi Motors Conference Participation Funding Boys’ Conferences – Galant, Lancer, Shogun & Warrior £500 may be paid per youth team that fully participates in the Galant, Lancer, Shogun and Warrior Youth Conference competitions in accordance with this Agreement. The maximum amount payable to any club will be £2500 (which is equivalent to 5 teams participating in all conference games). 13 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Girls’ Conference – Mirage £500 may be paid per youth team that fully participates in the Mirage Girls’ Youth Conference competitions in accordance with this Agreement. The maximum amount payable to any club will be £1000 (which is equivalent to 2 teams participating in all conference games). Payment of conference participation funding will be made to qualifying clubs in May 2019. 2.6. Professional Player Reward Scheme When a player signs their first professional playing contract with Scottish Rugby (Glasgow Warriors, Edinburgh Rugby, Scotland 7s or BT Sport Stage 3 Academy Player) the club(s) that the relevant player nominates as playing a role in their development may receive the following sums to be divided between those clubs up to a maximum of £3,500 per player: • BT Sport Stage 3 Academy Player - £100 per year for up to five years preceding the relevant professional contract; • Scotland 7s - £300 per year for up to 5 years preceding the relevant professional contract; and • Edinburgh Rugby or Glasgow Warriors - £500 per year for up to seven years preceding the relevant professional contract. The amounts stated above are cumulative, i.e. the total payable for any player through their career with Scottish Rugby is £3,500, and not £500 plus £1,500 plus £3,500 (if a player has also been awarded an Academy and 7s contracts prior to being awarded a professional contract with Edinburgh Rugby or Glasgow Warriors). 2.7. Club Accident Insurance Scheme Subject to the terms of this Agreement, the application process and insurer’s terms and conditions being followed, Scottish Rugby will cover the full cost of the premiums for catastrophic injury insurance cover provided under the Club Accident Insurance Scheme. This is subject to the indicative premiums per team applicable in respect of the Season as follows: Playing Level Insurance Premium Senior team £540 Restricted fixtures (max 5 £60 games) Youth teams (under-18) £60 Midi teams (under-16/under-15) £60 Mini teams (primary school age) £60 By way of example only, if a club runs a total of 15 teams (two senior men’s teams, women’s 1st XV, a men’s 3rd XV playing fewer than five fixtures, a full complement of boys’ and girls’ midi and mini teams) Scottish Rugby will pay an insurance premium of £2,340 in respect of that club. All clubs are encouraged to consider taking out the additional Temporary Disablement cover and to recommend that their players consider taking out personal cover appropriate to their individual circumstances. The compulsory cover provided by Scottish Rugby covers catastrophic injuries only. It does not cover loss of income through temporary injuries. All clubs are required to return a completed proposal form in the format provided by Scottish Rugby by no later than 15 September 2018 indicating the number of teams they require cover for. Cover can only be provided if the correct information is provided timeously, otherwise the Club will run the risk of being uninsured. 14 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
2.8. Club Ticket Commission Club ticket commission may be available to each club buying tickets to Scotland international matches during the Autumn Tests and Six Nations at the following rates: Scotland Season Pass – 10% Autumn Tests 2018 v Fiji – 10 November 2018, 2.30pm, BT Murrayfield | 25% club commission v South Africa – 17 November 2018, 5.20pm, BT Murrayfield | 20% club commission v Argentina – 24 November 2018, 2.30pm, BT Murrayfield | 25% club commission Six Nations 2019 v Italy – 2 February 2019, 2.15pm, BT Murrayfield | 10% club commission v Ireland – 9 February 2019, 2.15pm, BT Murrayfield | 5% club commission v Wales – 9 March 2019, 2.15pm, BT Murrayfield | 5% club commission 2.9. Group Offer Clubs are eligible for our group ticket offer for all six home Scotland matches this season. For groups of 10 or more children, discounted tickets are available, with the first two adult chaperones attending for free. Each club is able to make one application for this offer per home match at BT Murrayfield. For pricing details and booking deadlines visit www.scottishrugby.org/youthgroups 2.10. Referee Expenses Scottish Rugby will continue to pay the expenses of match officials allocated to each club’s matches by the Scottish Rugby match official department, or by one of the Scottish Rugby referee societies. 15 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Part 3. Minimum Operating Standards Terms & Conditions 1. Definitions & Interpretation 1.1 In this Agreement, the following definitions shall apply unless the context requires otherwise: “Acceptance Form” means the Acceptance Form set out in Appendix 5; “Agreement” means the terms and conditions set out in this Part 3, the preceding Parts 1 and 2 and any appendices - in Part 4 of this document (all as may be amended from time to time in accordance with these terms and conditions); “Applicable Laws” means any and all applicable laws, legislation, bye-laws, regulations, or court orders/ rules of court which in any way affect or impinge upon this Agreement or its subject matter from time to time, including those related to health and safety (including the guidance notes and codes of practice issued by the Health and Safety Executive), safeguarding and child protection, immigration, taxation and financial matters (including HMRC rules and regulations), alcohol licensing, anti-bribery or anti-corruption (including the Bribery Act 2010 and any replacement thereto) and the Modern Slavery Act 2015 (and any replacement thereto); “Bye-Laws” means the bye-laws of the Union as applicable from time to time; “Club” means the club or entity signing and returning the Acceptance Form; “Code of Conduct” means the code of conduct issued by Scottish Rugby from time to time; “Competition” means any league, cup or other competitions operated or administered by Scottish Rugby or the Union, or under the auspices of Scottish Rugby or the Union, from time to time; “Confidential Information” means information that is designated as ‘confidential’ or which by its nature is clearly confidential. Confidential Information includes (without limitation) the terms of the Agreement and any information concerning the business processes, procedures, personal data, business affairs, financial affairs and finances of either Party, in any form or format; “Data Protection Legislation” means any law applicable relating to the processing, privacy and use of personal data, including: (i) the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 (both as amended), and any laws or regulations implementing Directive 95/46/EC (Data Protection Directive) or Directive 2002/581EC; (ii) the General Data Protection Regulation (EU) 2016/679, and/or any corresponding or equivalent national laws or regulations; and/or (iii) any judicial or administrative implementation of any of the above, any guidance, guidelines, codes of practice, codes of conduct or approved certification mechanisms issued by the Information Commissioner’s Office, or other regulatory or supervisory authority responsible for administering Data Protection Legislation; “Material Benefit” means money, consideration, gifts or any other benefits whatsoever contracted, promised or given to a person or at his direction, but does not include reimbursement of proper expenses incurred for reasonable travel, accommodation, subsistence or other expenses incurred in relation to playing the game, together with any other definition or interpretation of “material benefit” as may be applied by HMRC from time to time; “Minimum Operating Standards” means the minimum operating standards set out in Part 1 of this Agreement above, together with any other minimum standards and requirements issued by Scottish Rugby from time to time; “Funding” means the monies, benefits and other support that may be payable or made available to the Club in terms of this Agreement (all as more particularly set out in Parts 1 and 2 of this Agreement above); “Party” means each of Scottish Rugby and the Club (together the “Parties”); 16 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
“SCRUMS” means the Scottish Rugby player and participant registration system known as SCRUMS; “Scottish Rugby” means Scottish Rugby Union Limited, a company incorporated in Scotland with registered number SC132061 and having its registered office at BT Murrayfield, Edinburgh EH12 5PJ; “Scottish Rugby Regulations” means Scottish Rugby’s or the Union’s directives, resolutions, regulations and policies from time to time in force, including the Domestic Regulations, National Competition Rules and Regulations, the Code of Conduct, the Discipline Rules and the decisions and directions of the Discipline Panel; “Season” means the 2018/19 rugby union season in Scotland; “Union” means the unincorporated association of members known as the Scottish Rugby Union; “World Rugby” means the global governing body of the sport of rugby union and any successor thereto; and “World Rugby Regulations” means World Rugby’s directives, resolutions, regulations and policies from time to time in force, including those relating to the playing of rugby union, anti-doping, betting and anti- corruption, international clearance, match and tour approvals and player status and contracts. 1.2 In this Agreement, unless the context otherwise requires: 1.2.1. words importing the singular include the plural and vice versa; 1.2.2. words importing any gender include all other genders; 1.2.3. words importing natural persons include corporations; and 1.2.4. any use of the word “including” shall not be limited by the words that follow. 1.3. Headings used in this Agreement shall not affect its construction or interpretation. 2. Agreement 2.1 This Agreement shall apply in respect of the Season, subject to its terms. 2.2 The Club agrees to work collaboratively and in good faith with Scottish Rugby to discharge the Club’s obligations in accordance with this Agreement. 2.3 This Agreement is personal to the Club. The Club shall not be entitled to transfer or assign any of its rights or obligations under this Agreement to anybody else unless otherwise agreed in writing by Scottish Rugby. 3. Funding & Participation 3.1. The Club shall be entitled to receive the Funding and to participate in Competitions, provided that: 3.1.1. the Club meets and complies with the Minimum Operating Standards; 3.1.2. the Club has complied with and remains compliant with this Agreement and any criteria associated with any Funding; 3.1.3. Scottish Rugby has received all reports and information it has asked for from the Club; and 3.1.4. the Club has issued Scottish Rugby with all invoices and claim forms that Scottish Rugby has requested in respect of the Funding and Scottish Rugby does not dispute the amount or amounts stated on the same. 3.2. Subject to the terms of this Agreement, the Funding will be paid directly to the Club by BACS transfer to the Club’s nominated bank account in accordance with any payments dates set out in this Agreement, or otherwise on a date or dates to be determined by Scottish Rugby. 17 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
4. General Club Obligations 4.1. The Club must: 4.1.1. sign and return the Acceptance Form by no later than the deadline stated by Scottish Rugby; 4.1.2. only apply or use the Funding for the purposes set out in the Agreement; 4.1.3. not act, or fail to act, in any way which may, in the reasonable opinion of Scottish Rugby, be prejudicial to the goodwill, image or reputation of Scottish Rugby, the Union or the sport of rugby union; 4.1.4. promptly provide Scottish Rugby with any information, documentation or materials that Scottish Rugby may reasonably request from the Club from time to time in respect of the Funding, the Club’s participation in Competitions, or the subject matter of this Agreement; and 4.1.5. act in accordance with all reasonable requests made to the Club by Scottish Rugby regarding the Funding, the Club’s participation in Competitions, or this Agreement. 4.2. On request by Scottish Rugby, the Club must provide Scottish Rugby with details of all Material Benefits that the Club (or anyone associated with the Club) provided or is providing to its players, coaches, staff or club officials. 5. Impact of Breach of this Agreement Laws and regulations 5.1. If, in the reasonable opinion of Scottish Rugby, the Club has breached or is in breach of this Agreement then Scottish Rugby may, at its sole option and discretion, either: 5.1.1. reduce the amount of the Funding and/or any amounts paid or payable to the Club under the Club Sustainability Award; 5.1.2. withdraw or withhold the Funding and/or any amounts paid or payable to the Club under the Club Sustainability Award (or any part of the same yet to be paid or made available to the Club), with no further obligation to pay any other amounts, regardless of the circumstances; 5.1.3. withdraw or suspend the Club from any Competition; 5.1.4. require that any part of the Funding or Club Sustainability Award amounts already paid or made available to the Club (plus interest) is either: i) repaid to Scottish Rugby within 30 days; or ii) set off against any future Scottish Rugby monies, benefits or other support otherwise available or payable to the Club; 5.1.5. terminate this Agreement in accordance with Clause 9.1. below; and/or 5.1.6. apply any right, recourse, remedy or sanction otherwise available to Scottish Rugby under the Scottish Rugby Regulations. 5.2. Notwithstanding Clause 5.1 above, any breach of this Agreement may also jeopardise the Club’s chances of participating in future Competitions or obtaining any additional future monies, funding, benefits or support from Scottish Rugby. 18 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
6. Confidentiality & Announcements 6.1. Subject to Clauses 6.2 and 6.3 below, the receiving Party shall keep confidential all Confidential Information received from the disclosing Party in relation to this Agreement and shall not use such Confidential Information for any purpose other than the performance of its obligations or exercise of its rights under this Agreement. 6.2. The Confidential Information of the disclosing Party may be disclosed by the receiving Party to the receiving Party’s professional advisers, employees and officers on a need to know basis (provided that such persons are aware of and comply with Clause 6.1), or if a receiving Party is required to do so under Applicable Laws. 6.3. The terms of and obligations imposed by this Clause 6 will survive the termination or expiry of this Agreement, but will not apply to any Confidential Information which: 6.3.1. is or becomes public knowledge other than by breach of this Clause 6; 6.3.2. is in the possession of the receiving Party before the date of receipt from the disclosing Party; 6.3.3. is received from a third-party who lawfully acquired it and who is under no obligation restricting its disclosure; 6.3.4. is independently developed without access to the Confidential Information; or 6.3.5. is required to be disclosed by court order of a competent jurisdiction, or by applicable law, or by any applicable regulatory body. 6.4. The Club shall not make any public or media announcement relating to this Agreement or its subject matter without the prior written consent of Scottish Rugby (such consent not to be unreasonably withheld or delayed). Scottish Rugby shall be entitled to publicly advertise, promote or announce in any format or media (without the need to obtain any prior consent from the Club) the fact that this Agreement had been entered into, or that any payments under this Agreement have been paid or made available. 7. Data Protection 7.1. For the purposes of this Clause 7 the terms “ controller”, “personal data”, “special category personal data”, “data subjects” and “processing” shall have the meaning given to those terms in the Data Protection Act 2018. 7.2. Neither Party shall act or omit to act in any way which is inconsistent with Data Protection Legislation Act 2018 and each Party shall comply with Data Protection Legislation regarding this Agreement. 7.3. Neither Party shall do, or cause or permit to be done, anything which would cause or otherwise result in a breach of Data Protection Legislation by the other Party. 7.4. To the extent that the performance of a Party’s obligations under this Agreement involves or necessitates the processing of personal data or special category personal data, the processing Party shall act only on instructions and directions from the Party who is the controller and shall comply promptly with all such instructions or directions received from time to time. 7.5. Each Party will each take technical and organisational measures against unauthorised or unlawful processing of personal data processed by it on behalf of any other Party and against accidental loss or destruction of, or damage to, personal data as are necessary to comply with Data Protection Legislation. 7.6. The Club acknowledges and agrees that the personal data or special category personal data provided to Scottish Rugby under the Agreement will be processed, used and shared in accordance with Scottish Rugby’s Privacy Policy (which is available at scottishrugby.org/domestic-rugby/privacy-policy). 7.7. The Club warrants, represents and undertakes to Scottish Rugby that it has made all relevant data subjects aware of the processing activities set out in Clause 7.6. and that it has obtained all necessary consents from relevant data subjects which may be required in respect of the same. 19 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
8. Warranties & Liability 8.1. The Club warrants, represents and undertakes to Scottish Rugby that: 8.1.1. it has and will have at all times the full authority and capacity to enter into and perform this Agreement; 8.1.2. each individual signing the Acceptance Form has been fully empowered to do so and that all necessary action to authorise such signature has been taken; 8.1.3. any and all information submitted to Scottish Rugby regarding this Agreement is accurate and truthful and that the Club has not acted fraudulently in any way regarding this Agreement; and 8.1.4. it will procure, as necessary, the performance by its officers, employees, agents, suppliers and representatives of all such actions as are required to complete and satisfy its obligations in terms of this Agreement. 8.2 The Club will indemnify Scottish Rugby at all times and keep Scottish Rugby indemnified against any and all losses, claims, damages, costs, charges, expenses (including legal expenses), liabilities, demands, proceedings and actions incurred by Scottish Rugby which arise out of or in connection with, directly or indirectly and whether in whole or part, the Club’s performance under this Agreement. 8.3 Scottish Rugby shall not be liable to the Club for any indirect, special or consequential loss or damages, whether caused by breach of contract or delict/tort (including negligence or breach of statutory duty) or arising in any other way. 8.4. Scottish Rugby’s maximum liability to the Club under this Agreement will be limited to the monetary value of the Funding actually paid to the Club in the Season. 8.5. Nothing in the Agreement shall exclude or in any way limit the liability of either Party for death or personal injury due to that Party’s negligence or any other liability to the extent the same cannot be excluded or limited as a matter of law. 9. Termination 9.1. Without prejudice to any other rights and remedies available to it under this Agreement, Scottish Rugby shall be entitled to terminate this Agreement at any time by notice in writing to the Club if, in the reasonable opinion of Scottish Rugby, the Club is in breach or has breached this Agreement. 9.2. Termination or expiry of this Agreement for whatever reason will not affect the accrued rights of Scottish Rugby arising out of this Agreement as at the date of termination (including, without limitation, the right to recover damages). 9.3. Any provision of this Agreement which is, expressly or by implication, intended to survive termination or completion of this Agreement shall continue in full force and effect. 20 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
10. General 10.1. Any waiver by Scottish Rugby of any rights or remedies under this Agreement will only be effective if such waiver is in writing and has been signed by an authorised representative of Scottish Rugby. 10.2. Scottish Rugby may amend the Agreement from time to time, provided that it provides the Club with written notice of the same. The Club may not amend this Agreement at any time unless it obtains the prior written approval of Scottish Rugby to the amendment. Scottish Rugby does not have to agree to any request to amend this Agreement. 10.3. If any provision of this Agreement is determined to be unlawful by a court of competent jurisdiction and can be deleted without altering the essence of the Agreement, the unlawful provision will be severed and the remaining provisions will remain and be interpreted so as to give full force and effect to the Agreement. 10.4. The Parties are independent contracting parties. Nothing in the Agreement will be construed as creating a partnership, agency or joint venture between the Parties. Neither Party will hold itself out as being entitled to bind the other Party in any way or to make any representation on behalf of the other Party. 10.5. The Agreement and any dispute or claim arising out of or regarding it or its subject matter or formation is to be governed by and construed in accordance with the Law of Scotland. The Parties irrevocably agree that the Scottish Courts have exclusive jurisdiction to determine any dispute or claim that arises in respect of this Agreement, its subject matter or formation. 21 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Part 4: Appendices Appendix 1: Player Improvement Fund – Tennent’s Premiership 2018/19 Coaching & Director of Rugby Scottish Rugby may provide funding of up to £4,000 for each of the positions of Head Coach and Director of Rugby. Area Premiership Standards Notes Coaching Audit Clubs to complete audit Scottish Rugby will circulate information detailing coaches, qualifications on the audit process at the start of the and expenditure. season. Coaching Qualifications • Club Head Coach – will have Subsidised course fees: or be currently undertaking UKCC Level 3 Level 3: £240 - £360 (applications now closed for 2018/19 course) • Assistant Coaches – will have or be currently Level 2: £80 (detail available here - http:// undertaking UKCC Level 2 www.scottishrugby.org/coaches) (or preferably UKCC Level 3) • 2nd XV Coach to have or be currently undertaking UKCC Level 2 Coaching - Continual The Head Coach and other Club Professional Development (CPD) coaches will attend regular CPD workshops delivered by the Scottish Rugby coach development department. The head coach and assistants must attend a min. of 1 pro-coach masterclass CPD workshop (dates to be advertised in August 2018) Pre-season Briefing Club Head Coach and Director of Rugby to attend briefing on the evening of Wednesday 15 August 2018 at BT Murrayfield. Director of Rugby Course Club Director of Rugby (or 2018-19 Director of Rugby course dates: club committee person with equivalent responsibility) to Day 1 – Sunday 25 November 2018 have attended the Director of Day 2 – Sunday 27 January 2019 Rugby course held by Scottish Application form - https://dor-2018-19. Rugby eventbrite.co.uk DORs from Tennent’s Refresher Workshop Premiership clubs need to A refresher workshop for those DORs attend a refresher workshop (if who have already completed the DOR they’ve already attended the course will take place on the evening full 2-day course in a previous of Wednesday 7 November 2018 at season), or otherwise must BT Murrayfield - https://goo.gl/dw7Q29 attend the 2-day full course. and the evening of Wednesday 14 November 2018 at Scotstoun - https:// goo.gl/dw7Q29 22 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Appendix 2: Nutrition Standards & Support Summary Funding may be drawn against successful applications in the area of nutrition. There is a 3-level system for nutrition in order to ensure that the funds are appropriately utilised. Upon satisfying the criteria at Level 1 the Club can request funding and support for Level 2 and upon satisfying the criteria of level 2 the Club can request funding for Level 3. Level 1 criteria includes Club catering and resource availability. Level 2 criteria involves access to a qualified sports nutritionist. Level 3 criteria involves nutritional supplementation and player monitoring. Level and Criteria Overview LEVEL 1: BASICS Post-training catering Nutrition education resources Coaching Audit once per week available LEVEL 2: INDIVIDUALISATION Access to a qualified nutritionist / dietician with a specialism in sports nutrition* LEVEL 3: ADVANCED NUTRITION Routine monitoring of body composition Controlled access to nutritional supplements and player welfare Level 1 – Basics • Post-match Catering: Basic catering must be provided to each team following a 1st XV game. The catering should be designed with the players’ needs in mind and at minimum consist of a carbohydrate dish (e.g. rice, pasta, potatoes), protein dish (e.g. beef, fish, chicken), vegetables, salad and fluids. Scottish Rugby can provide guidance on menu development. • Post-training Catering: Basic catering must be provided to the 1st XV team at least once per week following training. The catering should be designed with the players’ needs in mind and at minimum consist of a mixed carbohydrate and protein dish, vegetables / salad / fruit and fluids. Scottish Rugby can provide guidance on menu development. • Nutrition Education Resources: Basic nutrition education resources must be freely available at the Club. Resources such as posters and handouts should be available covering information from general sports nutrition advice to Club specific strategies. Scottish Rugby can provide some education material and signpost towards relevant material. 23 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Level 2 – Individualisation • Access to a qualified nutritionist / dietician with a specialism* in sports nutrition: Each club must have access to a qualified nutritionist and/or dietician who has a recognised specialism in sports nutrition*. The utilisation of this individual will be determined by the Club with the exception of two criteria that must be met: 1. The link between the Club and practitioner must be formalised and the coaching and playing staff made aware that the service is available. 2. The practitioner must be made aware of the Club’s key nutrition and supplementation strategies and have the opportunity to challenge and amend them as desired. * A specialism is defined by SENr registration, AfN registration with specialism in Sport and Exercise Nutrition and/or BDA registration with membership of Sports Nutrition Specialist Group. Scottish Rugby can advise on and help clubs identify suitable practitioners. Level 3 – Advanced Nutrition • Controlled access to nutritional supplements: The Club can access funding for the use of nutritional supplements. Funds will only be provided to purchase products which are part of the Informed Sport supplement testing programme www.informed-sport.com in order to minimise the chances of inadvertent doping. Scottish Rugby can provide guidance on the selection of nutritional supplements. • Routine monitoring of body composition and player welfare: Clubs can access funding to set up body composition and player welfare monitoring systems. For example, regular body composition assessment, hydration status assessment and blood profiling of relevant nutrition markers. Scottish Rugby can provide guidance on how these systems can be set up. Process: • All clubs can access funding against the activities in Level 1. • In order to access funding against Level 2 actions, the Club must provide evidence that all actions in Level 1 are routinely occurring to a satisfactory standard. • In order to access funding against Level 3 actions, the Club must provide evidence that the action in Level 2 has been completed to a satisfactory standard. If clubs have satisfied the criteria across all levels (or provide suitable justification as to why certain actions are unnecessary at their club) then they can suggest areas of nutrition against which they can access funds. The application will be considered by Scottish Rugby on an individual basis. 24 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
Appendix 3: Monitoring by Scottish Rugby Area Requirement Essential Desirable Provision Strength & Minimum of 1 • World Rugby • UKSCA • Provide Strength Conditioning x Strength & Strength & Accreditation & Conditioning Coaching Conditioning Conditioning Programmes for Coach for Senior Level 1 • World Rugby First Senior Squad Squad Aid in Rugby • World Rugby • Monitor Strength Strength & • World Rugby & Conditioning Conditioning Educator player Level 2 development through S&C testing • Ensure physical preparation & recovery protocols are put in place to maximise performance and enhance recovery Strength & All Senior squad • Olympic bars, • Please contact • Club facility must Conditioning players must collars & plates Scottish Rugby’s have minimum Facility have access (22.5cm radius) Strength & standards / to a Strength Conditioning gym etiquette & Conditioning • Squat rack or Coach put in place to facility stands Development ensure upkeep & (preferably a Officer for further maintenance of • Lifting station or club facility) information equipment platform on additional equipment • Facility should • Chin up bar provide adequate • Exercise bench space, equipment and weight for groups of players to train together Monitoring by Scottish Rugby: • Clubs must share testing information and data with Scottish Rugby’s Strength & Conditioning Coach Development Officer • Club Strength & Conditioning Coach must attend relevant coaching courses and CPD opportunities 25 Scottish Rugby Minimum Operating Standards June 2018 | Tennent’s Premiership
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