2. The NPA agrees not to use, sell, licence or in any other way utilise or dispose of the Player’s IP Rights in a manner or for a purpose that is not in accordance with this Agreement, or is not in accordance with the NPA Constitution, without the Player’s prior written consent to do so, which can be delivered and recoded in any particular form.
3. The rights that the Player is assigning to the NPA under this agreement will automatically revert to the Player six (6) months after the Player’s membership with the NPA expires in accordance with the NPA Constitution.
4. The Player may revoke the assignment of their IP Rights under this Agreement upon providing the NPA with at least six (6) months written notice that they do not wish the NPA to deal with their IP Rights under this Agreement but remain a member of the NPA in accordance with the NPA Constitution.
5. Any revenues paid to the NPA from any Club, NGB or League in respect of the IP Rights of Players License in the agreement will be retained by the NPA to be applied in accordance with the Statement of Purpose and Constitution of the NPA.
6. Any revenues from other sources paid to the NPA in respect of the IP Rights will be:
a) 80% will be paid to the Player whose Image or likeness has been utilised in the campaign and the NPA will retain 20% in accordance with the member agreement; and/or
b) Used to fund programs involving particular players as determined by the NPA Board from time to time in accordance with the NPA Constitution.
7. No addition or variation to this Agreement shall be of any force or effect unless and until agreed to by all parties hereto in writing.
8.The laws of England and Wales shall govern the construction, validation and performance of this Agreement.
9. Part or all of any clause of this Agreement that is illegal or unenforceable will be severed from this Agreement and the remaining provisions continue in force.
DEFINITIONS
Agreement means this Agreement assigning the Player’s IP Rights to the NPA;
Club means the Club you play for in the National Super League and includes any successor or assignee thereto;
England Netball means the governing body for netball in England
England Roses means the senior women’s England squad(s) selected by England Netball from time to time;
IP Rights means a right to use, exploit or profit from your name (including nickname), image, voice, signature, number, likeness, caricature and any other indicia of identity;
League means the League the Player is participating in and any successor or assignee thereto;
Nation means the nation the Player has been contracted to represent
Netball NI means the governing body for netball in Northern Ireland;
Netball Scotland means the governing body for netball in Scotland;
Netball Super League means the elite netball competition currently featuring teams from England and Wales and includes any successor or assignee thereto.
Northern Ireland Warriors means the senior women’s Northern Ireland squad selected by Netball NI;
NPA Board means the committee of management of the NPA comprised under the NPA Articles of Association and as elected and appointed from time to time pursuant to the NPA Articles of Association;
NPA Rules means Netball Players Association (effective 19 day of June 2017);
Scottish Thistles means the senior women’s Scotland squad selected by Netball Scotland from time to time;
Statement of Purpose means the objectives of the Constitution set out and the NPA Articles of Association;
Wales Netball means the governing body for netball in Wales;
Welsh Feathers means the senior women’s Wales squad selected by Wales Netball.