ECF - ECF Membership Agreement 2006

(1) Article 5(13) of the Articles of Association, the Direct Members Bye Laws and the Game Fee Bye Laws of ECF authorise ECF to enter into Membership Agreements with Constituent Units, Counties and Leagues.

(2) The purpose of such Membership Agreements is to make ECF Membership available to members of MO on advantageous terms in consideration of MO using its best endeavours to ensure all its members, members of clubs in membership to it and all participants in its competitions become ECF Direct Members.

(3) ECF and MO have agreed to enter into this Agreement on the terms hereinafter stipulated.

NOW IT IS HEREBY AGREED as follows:

1. In this Agreement the expressions defined in the Articles of Association, the Direct Member Bye Laws and the Game Fee Bye Laws shall have the meanings therein ascribed to them.

2. This Agreement shall commence on the date hereof and shall continue until terminated by either party by written notice to the other party given on or before 1st March in any year and if such notice is given this Agreement shall continue in effect until 31st August following the giving of the notice.

3. MO shall use its best endeavours to ensure that all its members, members of clubs in membership to it and all participants in its competitions shall become ECF Direct Members.

4. MO shall make annual compensatory payments to ECF if ECF suffers any loss of Game Fee and membership income as a result of entering into this Agreement and the amount of such payment shall be verified by an independent accountant in the event of any dispute as to the amount thereof such independent accountant to be appointed by the President of the Institute of Chartered Accountants in England and Wales in default of agreement.

5. ECF will waive Game Fee for all ECF Direct Members and for games played in the competitions of MO by members of another Chess Federation affiliated to FIDE.

6. The benefits and current membership fees for Basic Members and Basic Junior Members are set out in the Second Schedule hereto and the benefits of other categories of Direct Membership of ECF are as set out in the Direct Member Bye Laws.

7. MO as agent for ECF shall collect and account for the membership fees for ECF Basic Members and Basic Junior Members by 31st October in every year at the rates current at the time of payment and shall submit to ECF by such date applications for membership of ECF in the form set out in the First Schedule hereto duly signed together with details of the members in an electronic format compatible with ECF office systems as stipulated from time to time by ECF. MO shall be entitled to a 10% discount for prompt payments made by such date for the year commencing on the preceding 1st September. Details of new members after 31st October shall be forwarded to ECF on a weekly basis so that the relevant information can be forwarded to Congress Organisers. Membership fees for such new members shall be accounted for at the end of each following quarter and MO shall be entitled to a 5% discount in respect thereof. The membership fees for other categories of ECF Direct Membership shall be paid by the members to ECF direct and shall not be eligible for discount.

8. MO shall allocate ECF membership numbers to new Basic Members and Basic Junior Members from reserved numbers notified to MO by ECF.

9. If ECF receives applications for membership of ECF in the form set out in the First Schedule hereto and/or membership fees for ECF Basic Members and Basic Junior Members direct from members of MO then it shall so advise MO at regular intervals and shall account for the appropriate discount to MO on the footing that the deemed date of receipt from MO is the actual date of receipt in every case.

10. MO shall maintain proper accounting records which identifying the monies collected by MO as agent for ECF which shall be open to inspection by ECF on reasonable notice.

11. MO shall notify ECF of the names and addresses, email address (if available) and grading reference of its members and members of clubs in membership to it who are ECF Direct Members in categories other than Basic Members and Basic Junior Members by 31st October in every year for the purposes of clauses 4 and 14 hereof.

12. MO shall register any graded events which it proposes to organise in accordance with the Game Fee Bye Laws and when it furnishes the designated officer appointed by ECF Board to administer the Game Fee Bye Laws with an estimate of the expected number of grading results it shall apportion the same between expected results for ECF Direct Members and non members.

13. MO shall be entitled to submit for grading the results of ECF Members in non registered events.

14. MO shall submit the results of any registered graded events and non registered events in an electronic format and by deadlines both as stipulated from time to time by the Director responsible for Grading.

15. The calculation of votes for MO at General Meetings of ECF pursuant to Article 31 of the Articles of Association shall include the relevant payments for Game Fee received from MO and the deemed payments of Game Fee waived for games played by ECF Direct Members in the graded events registered by MO pursuant to clause 11 hereof as well as any payments assigned to MO by clubs or other non-member organisations.

16. If Game Fee is paid for any games played by members of MO or members of clubs in membership to it who are ECF Direct Members in graded events not registered by MO then MO shall be entitled to claim a refund thereof from ECF within nine calendar months of the game the subject of any claim being played.

17. ECF shall keep the information referred to in clause 6 in secure conditions in accordance with its obligations under its Data Protection Registration and shall only use such information for the purpose of communicating with and providing services to its Members and for such other purposes to which such Members shall expressly consent.

18. MO shall act as agent for ECF in collecting and forwarding to ECF the information referred to in clause 7 and shall keep the same in secure conditions and shall not use the same for any purpose whatsoever except for publication of limited information identifying the names and ECF membership numbers of members of the MO.

19. Notices served hereunder shall in the case of ECF be delivered to its registered office addressed to the Chief Executive and in the case of MO shall be addressed to the address set out above or any other address notified to ECF for such purpose.

AS WITNESS whereof the hands of duly authorised representatives of the parties the day and year first before written

THE FIRST SCHEDULE
MEMBERSHIP APPLICATION FORM

English Chess Federation is a company limited by guarantee, registered in England and Wales
Registered Number 5293039
Registered address: The Watch Oak, Chain Lane, Battle, East Sussex, TN33 0YD
Tel No 01424 775222 Fax No 01424 775904

APPLICATION FORM FOR DIRECT MEMBERSHIP

To the Board of ENGLISH CHESS FEDERATION, The Watch Oak, Chain Lane, Battle, East Sussex TN33 0YD

I, [full surname and forenames]

of [address and post code]

wish to become a member of English Chess Federation subject to the provisions of the Memorandum and Articles of Association of the Company and to the Bye Laws and Regulations. I agree to pay to the Company an amount of up to £1 if the Company is wound up while I am a member or for up to 12 months after I have left the Company. I agree to pay a membership fee levied each year in accordance with the Company’s Rules.

Signed

Dated

Membership Number

Email address

(The provision of this information will enable ECF to communicate with you in an efficient manner)

Date of Birth (if under 18)

THE SECOND SCHEDULE
BASIC AND BASIC JUNIOR MEMBERSHIP FEES AND BENEFITS

Basic Membership Fee for 2007: £10 per annum
Basic Junior Membership Fee for 2007: £6 per annum

All Direct Members shall be entitled to participate in events run by ECF or by third parties by arrangement with ECF, where it is a condition of entry that the participant is a member of ECF, on paying the requisite entry fees for the same.

ECF will use its best endeavours to include Direct Members in the Grading Lists published from time to time provided they qualify for such inclusion by virtue of the number of their graded games submitted in accordance with the Game Fee Bye Laws.

ECF will also use its best endeavours to ensure that FIDE Rated games played by Direct Members in the British Championships and FIDE Registered events in England are included in FIDE’s calculations of that Direct Member’s FIDE Rating.

Basic Members and Basic Junior Members are entitled to download ChessMoves. They are also eligible to claim Direct Member discount at congresses offering that facility.

Basic Members and Basic Junior Members are entitled to elect two Direct Members’ Representatives.
Any person seeking to become a Basic Member or Basic Junior Member through a Membership Organisation pursuant to an Agreement made in accordance with a Scheme which complies with the Direct Members Bye Laws who pays the Annual Membership Fee and whose name and address is provided to ECF but who does not complete the guarantee set out in the First Schedule to this Agreement will, until such time as the said Guarantee is completed, become a Registered Player, but not a Member, and shall be entitled to the Benefits set out herein for the equivalent category of Member, with the exception of the right to elect Direct Members’ Representatives. Registered Players, who are not Members, do not have the right to have games rated by FIDE.

Signed by Cynthia Gurney
On behalf of ECF

Signed by ………………………………….

On behalf of ……………………………………………