1. Objective, Purpose, Scope of Tasks
The purpose of the Beach Volleyball Players’ Association, abbreviated «IBVPA», hereinafter «the Association»; a non-profit organisation, is:
- to promote, to support, to advise and to represent professional beach volleyball players and their interests in any way possible;
- to support, to advise and to represent such beach volleyball players vis-à-vis national and international sports associations, organisations and organisers as well as sponsors and other persons and/or companies;
- to serve as a forum for the exchange of any type of information in connection with beach volleyball;
- to promote the collaboration between their members on a national and international level;
- to strengthen the promotion of young players and to to support, to advise and to represent them.
The Association intends to achieve these purposes among other things as follows:
- Organisation of annual meetings and further meetings as well as seminars and events;
- Publication of information leaflets;
- Membership in and/or co-operation with other institutions and organisations having similar or identical purposes.
The official language of the Association is English.
Terms used in the by-laws, such as player, president, chairperson, secretary etc. include both sexes.
3. Domicile, Offices, Administration
The Association has its domicile in Zurich, Switzerland. It may also have additional offices and/or administrations in other places, to the extent that this is desirable.
Any individual shall be eligible for Membership in the Association who is any one of the following:
- an active professional beach volleyball player participating in FIVB tournaments;
- a professional beach volleyball player who is inactive due to injury, illness, pregnancy, or the caring of one’s spouse, registered domestic partner, parent, parent of spouse or registered domestic partner, child (including adopted children and step children, or the children of a registered domestic partner);
- a former professional beach volleyball player with at least three (3) years’ experience as a professional beach volleyball player participating in FIVB tournaments;
- non-players who are selected upon a majority vote of the management board.
5. Subscription and Loss of Membership
Admission to the Association is made through the management board on the basis of a written application to the management board.
After a hearing with the member concerned, the management board decides with an absolute majority of its members on the exclusion of the member concerned, in particular if the member considerably impairs the purpose of the Association, the professional reputation of the beach volleyball players or the beach volleyball sport or when he repeatedly fails to pay the membership fees.
The decision of the management board is final.
Resignation from the Association is possible anytime by giving written notice to the management board.
By signing the written application for admission, for the duration of the membership the member transfers to the Association all collective rights with regard to photographs and names. Not affected by this stipulation are the member’s own individual usage rights to his own name and photograph. The Association is entitled to commercially use these collective rights to photographs and names in the interest of all members and to transfer these to third parties for use.
By signing the written application for admission, for the duration of the membership the member transfers to the Association the right to negotiate with the FIVB, the national governing bodies and the International Olympic Committee on his behalf.
The bodies of the Association consist of the general assembly, the management board and the auditors.
7. General Assembly
The ordinary general assembly takes place within the first six calendar months of the year.
Exceptional general assemblies can be requested by the management board; it must do so when at least one tenth of the members file a written request.
The invitation to the ordinary general assembly and to the exceptional general assemblies is sent out at least 20 days prior to the meeting and states the business to be discussed.
8. Competence of the General Assembly
The general assembly is entitled to make decisions on the following affairs:
- Election of management board;
- Election of the president and the vice-president of the board;
- Determination of rules;
- Approval of the annual report and financial statements of the Association;
- Alteration of the by-laws and rules as well as liquidation of the Association.
9. Rule of Order of the General Assembly
The president takes the chair at the meeting. The vice president is in charge of recording the minutes.
The general assembly makes decisions with a simple majority of the votes. The chairman will also vote. In case of a tied vote, the chairman’s vote will be the decisive vote.
Individual and open ballot applies to the election of the president and vice-president. The new election of board members will take place by open ballot. Re-election of the board members will be done in globo according to the suggestion of the board, unless the general assembly decides on individual election. The board will briefly introduce the suggested new candidates in an appropriate manner.
Decisions on alterations of the by-laws and the rules require participation of at least 50% of the members and a majority of 2/3 of the members present.
Liquidation of the Association requires the decision of a majority of 2/3 of the members, be it at a general assembly or by way of a written ballot vote.
The board consists of a maximum of up to seven persons.
The members of the board shall be elected at the ordinary general assembly for a period of two years until the next ordinary general assembly at that time.
11. Competence of the Board
The board represents the Association externally, towards any third party. They take care of all business not subjected to the general assembly according to the by-laws, in particular:
- Admission and expulsion of members;
- Safeguarding of the interests of the members;
- Mediation of disputes among the members;
- Establishment of the membership fee within the framework of Art. 15 of the by-laws.
The management board shall appoint one of its members as secretary and one as treasurer of the Association.
12. Procedural Rules of the Board
As a rule, upon invitation of the president, the board meets quarterly. Upon request of at least two board members and upon stating the matters to be dealt with in the meetings, additional meetings may take place.
Decisions require the presence of the majority of the board. The board decides with a simple majority of the votes (exception: Art. 5, Para 2 of the by-laws). The chairman also votes. He makes the deciding vote if the votes are equal.
Board decisions can also be made in writing. For this purpose, the simple majority of all members of the board is required.
The board organises the substitution of the individual batches and the signatory powers.
13. Arbitral Jurisdiction
Conflicts between the members can be settled by the arbitral tribunal of the Association.
The arbitral tribunal consists of three members of the board.
The board issues a resolution, which is to be approved by the General Assembly.
The auditors consist of two members at the most. They will be elected by the ordinary general assembly for a period of one year, respectively until the next ordinary general assembly. Re-election is permissible.
The auditors are to audit the financial statements of the Association and have to issue a written report on their result and present this report at the ordinary general assembly.
15. Membership Fee
Each natural person pays an annual membership fee of a maximum of USD 1’000.
The annual fee will be decided on by the members of the board and can be adjusted as deemed necessary.
Upon resignation of a member, the annual fee is not subject to a refund.
Only the assets of the Association are liable for the liabilities of the Association. Any personal liability of the members for the liabilities of the Association is excluded.
The Association shall indemnify all of its board members or leaders, former board members or leaders, as well as any additional people, who may have served at the Association’s request or by its election as a director or officer of another body against all expenses actually and necessarily incurred by them in connection with the defense or settlement of any action, suit or proceeding in which they, or any of them, are made parties, or a party by reason of being or having been a board member or director or officer of the Association or of such other body except in relation to matters as to which any such director or officer or former director or officer or person shall be adjudged in such action, suit or proceeding to be liable for wilful misconduct in the performance of duty and to such matters as shall be settled by agreement predicated on the existence of such liability.
18. Dissolution of the Association
Upon dissolution of the Association, the general assembly decides on the archiving.
After dissolution of the Association, the remaining assets will be passed on to an institution of similar or identical nature. The distribution of the remaining assets amongst the members of the dissolved Association is not permissible.
19. Effective Date
The present by-laws have been adopted at the Association’s Constituent General Assembly on July 26th, 2017, and have become effective as of that date.
Last Updated: 07-01-2019