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rfl official guide 2012 working.e$S:RL GUIDE 2006 FRIDAY PM 17/1/12 14:41 Page 131 Section A Membership and Membership Obligations rfl official guide 2012 working.e$S:RL GUIDE 2006 FRIDAY PM 17/1/12 14:41 Page 132 MEMBERSHIP & MEMBERSHIP OBLIGATIONS Section A1: Membership & Membership Obligations CLUBS: ACCEPTANCE OF OPERATIONAL RULES A1:1 All Clubs which participate in Super League, the Championships, or in any league or competition or any game under the jurisdiction of the RFL or organised by the RFL are deemed by acceptance of the invitation to be bound by the Operational Rules (including but not limited to those relating to discipline or Misconduct), the Rules and Regulations of any body of which the RFL is a member, the terms of any agreement entered into by the RFL and the Laws of the Game and accept the jurisdiction of the RFL. A copy of the Laws of the Game and the Operational Rules relevant to the particular competition shall be sent to each of the intended participating Clubs prior to that Club's entry in such competition being accepted. APPLICABLE LAWS A1.2 All Clubs which participate in Super League or in any league or competition or any game under the jurisdiction of the RFL or organised by the RFL are required to act in accordance with all applicable laws. Each Club agrees that the RFL shall be entitled to take any action and/or make such orders as it considers appropriate where to do otherwise would knowingly allow a Club to breach any applicable laws even where such behaviour is not prohibited through a strict interpretation of these Operational Rules. CLUBS: COMPETE IN COMPETITIONS A1:3 (a) Every Club by becoming a member of the RFL agrees to compete in all competitions under the jurisdiction of the RFL or organised by the RFL in which it is eligible to compete. (b) A Club shall not play a friendly match or competitive match (ie, any match other than a Cup Tie, a League Match, an Event or a Match in any competition approved by the Board) at any time without receiving the prior written approval of the Board. The Board's consent shall not be unreasonably withheld and the Board in reaching its decision shall pay due regard to the integrity of the respective competitions and the interests of the Game. INDEMNITY A1:4 Each Club agrees to indemnify the RFL (together with its Members, officers, employees and contractors) from and against any and all costs, damages, losses, expenses and/or claims (including but not limited to claims for loss of profit or income) which may be made by any third party and which are a consequence whether directly or indirectly, of the fact that the Club has not complied with its obligations in these Operational Rules (whether wilfully, negligently or otherwise howsoever) and whether or not such loss was foreseeable by the RFL and/or the relevant Club at the time of the Club's agreement to be bound by these Operational Rules. APPLICATION FOR MEMBERSHIP (Extract from Articles 3.1) A1:5 Every person who wishes to become a Member shall deliver to the Company an application for Membership in such form as the Directors require executed by him. Any application for Membership shall be made to the Chief Executive and shall be assessed against such criteria as the Board may specify from time to time. Membership is not transferable and shall cease on dissolution. 010302 00 Operational Rules – Section A1 – Membership Obligations – Issue 10 – February 2012 rfl official guide 2012 working.e$S:RL GUIDE 2006 FRIDAY PM 17/1/12 14:41 Page 133 MEMBERSHIP & MEMBERSHIP OBLIGATIONS LICENSING AND CRITERIA FOR A SUPER LEAGUE LICENCE A1:6 (a) There shall be no promotion or relegation between Super League and Championship from the 2008 Season onwards. Instead for the 2009 Season and for every 3 seasons after that, the Board shall invite applications for membership of Super League from: (i) current Super League Clubs; (ii) Clubs in the Championships that meet minimum standards set by the Board; and (iii) any overseas clubs invited to apply by the Board. Those Clubs being offered and accepting a Super League Licence for 3 years shall participate in Super League – for the avoidance of doubt, all Clubs offered a Licence shall be obliged to re-apply for a further 3 year Licence at the end of each 3 year Licence period. Those either not being offered a place or not accepting a place offered shall: (i) in the case of Super League Clubs, participate in the Championship; (ii) in the case of Clubs in the Championships compete in the League they are currently in, unless they are relegated or promoted in accordance with the rules below, which shall take precedence; or (iii) in the case of overseas clubs invited to apply by the Board and who are not currently in the Super League or the Championships, the Board shall have the discretion to offer a place in one of the Championships or reject the application outright. (b) The Board’s shall have discretion to set criteria for membership of Super League and discretion to assess Clubs against set criteria and determine membership of Super League from 2009. (c) At least one Club that has competed in the Championships during the Licence Period 2009 – 2011 and that meets minimum standards set by the Board will be granted a Super League Licence for 2012 – 2014. (d) At least one Club that has competed in the Championships during the Licence Period 2012 – 2014 and that meets minimum standards set by the Board will be granted a Super League Licence for 2015 – 2017. (e) For the purposes of A1:6 (a) above the applicant must submit a completed and signed application form and provide such documents, including financial records, as the Board shall at its discretion require. LICENCE APPLICATION PROCESS A1:7 The Board shall set a process for application for a Super League Licence, which shall require that: (a) Clubs will submit to the RFL, at its registered office by such specified date, a signed application form in the form required by the RFL. The RFL shall be entitled to announce which Clubs have applied for a Licence. (b) It is the applicant’s responsibility to ensure any relevant information is made available to the RFL and in a suitable and relevant manner and is accurate. Only information provided by the Club in the application form and any attachments and/or appendices will be considered by the RFL and no information will be accepted by the RFL, unless the RFL has specifically requested it, after such deadline as it shall specify. Late applications will not be considered. (c) All information given will be treated with confidence although the RFL may need to share information with employees or agents employed as part of this selection process or in relation to the ongoing monitoring of Clubs. Each applicant Club shall, on the RFL’s Operational Rules – Section A1 – Membership Obligations – Issue 10 – February 2012 00010303 rfl official guide 2012 working.e$S:RL GUIDE 2006 FRIDAY PM 17/1/12 14:41 Page 134 MEMBERSHIP & MEMBERSHIP OBLIGATIONS request, provide the RFL with its books and records and access to its premises to enable the RFL to review any information provided by that Club (as the RFL considers appropriate). d) It is the applicant’s responsibility to ensure that any change in circumstances, that is known or reasonably ought to be known, which materially affects the applicant’s application, is brought to the attention of the RFL within a reasonable period. (e) The Board will at the conclusion of assessment process use its discretion to allocate a Super League Licence to those Clubs who in its reasonable opinion it believes are the most suitable Licensee clubs. (f) There is no appeal against the exercise of the Board’s discretion. However, an applicant Club, who feels that the process has not been applied fairly and reasonably, may apply to the RFL’s Operational Rules Tribunal for a review of the procedure and a declaration as to whether or not the process has been fair and reasonable. In the event that the RFL’s Operational Rules Tribunal concludes that the process has not been fair and reasonable it may order the RFL to carry out the selection process again, with such amendment to the process as it may feel appropriate. (g) At the conclusion of the process, the RFL will announce the result and will circulate to individual Clubs feedback and marked assessments. PROMOTION & RELEGATION IN CHAMPIONSHIP A1:8 (a) For the avoidance of doubt, Clubs which finish in the first to sixth positions in the Championship shall participate in the Championship play-offs leading to a Grand Final. In accordance with Rule A1:6, the winner of the Championship Grand Final shall not be promoted to Super League save through the Licensing process. (b) In 2012 the RFL Board shall announce, at a time of its own choice, for the 2013 season onward the structure of the Championships (or any successor competition(s)); the criteria for membership for each level of the structure; the teams that will compete in each level of that structure and the Operational Rules that will apply to each level of that structure. CLUB NAME / LOGOS A1.9 (a) A Club shall not adopt a title which implies that it is representing, either wholly or in part, a country or county or town or any area or sponsor or commercial organisation nor shall it alter its name from that specified in the schedule unless, in either case, authorised to do so by the Board.