GAMES AGREEMENT
Between
Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028 d/b/a OCOG
Address: 1150 S. Olive St, 7th Fl, Los Angeles, CA 90015
and
The City of Anaheim
Address: 200 S. Anaheim Blvd, Anaheim, CA 92805
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TABLE OF CONTENTS
SECTION 1. RECITALS. ........................................................................................................................................................ 2 SECTION 2. PURPOSE. ......................................................................................................................................................... 2 SECTION 3. VOLUNTARY. ................................................................................................................................................... 2 SECTION 4. TERM. ................................................................................................................................................................ 2 SECTION 5. CITY LIAISONS. ............................................................................................................................................... 2 SECTION 6. POWER TO BIND. .......................................................................................................................................... 2 SECTION 7. DELIVERY OF CITY RESOURCES. .............................................................................................................. 2 SECTION 8. PRIORITY OPTION ON CITY ADVERTISING SPACE. .......................................................................... 6 SECTION 9. PRIORITY ROOM BLOCK AT NEW CITY HOTEL DEVELOPMENTS. .............................................. 7 SECTION 10. PERMITTING AND ZONING NEEDS ..................................................................................................... 7 SECTION 11. ADMISSIONS/TICKET TAX .................................................................................................................... 7 SECTION 12. OTHER EVENTS. ........................................................................................................................................ 7 SECTION 13. UNAUTHORIZED STREET TRADING .................................................................................................. 7 SECTION 14. UNFAIR BUSINESS PRACTICES PROTECTION................................................................................. 8 SECTION 15. ACCESSIBILITY STANDARDS ................................................................................................................ 8 SECTION 16. TRANSPORT AND TRAFFIC ................................................................................................................... 8 SECTION 17. SECURITY .................................................................................................................................................... 9 SECTION 18. VENUE CONSTRUCTION AND INFRASTRUCTURE DEVELOPMENT PROJECTS .................... 9 SECTION 19. VENUE USE AGREEMENTS. .................................................................................................................... 9 SECTION 20. OCOG EXCLUSIVE RIGHTS ..................................................................................................................... 9 SECTION 21. RISK MANAGEMENT ............................................................................................................................. 13 SECTION 22. EVENT OF DEFAULT ............................................................................................................................. 13 SECTION 23. DISPUTE RESOLUTION. ....................................................................................................................... 14 SECTION 24. INDEMNIFICATION ............................................................................................................................... 16 SECTION 25. TERMINATION....................................................................................................................................... 16 SECTION 26. GENERAL PROVISIONS. ....................................................................................................................... 17 SECTION 27. POSTPONEMENT OR CANCELLATION OF THE GAMES. ............................................................ 17 SECTION 28. COOPERATION; FURTHER ASSURANCES. ..................................................................................... 18 SECTION 29. AUTHORITY OF CITY............................................................................................................................ 18 SECTION 30. NOTICES ................................................................................................................................................... 18 SECTION 31. RELATIONSHIP OF PARTIES ............................................................................................................. 19 SECTION 32. COMPLIANCE WITH LAWS. ................................................................................................................ 19
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SECTION 33. CONFIDENTIALITY. .............................................................................................................................. 20 SECTION 34. RETENTION OF RECORDS AND INSPECTION. .............................................................................. 20 SECTION 35. ASSIGNMENT AND DELEGATION. .................................................................................................... 20 SECTION 36. AMENDMENT; WAIVER. ...................................................................................................................... 20 SECTION 37. HEADINGS. ............................................................................................................................................... 20 SECTION 38. AGREEMENT. .......................................................................................................................................... 21 SECTION 39. NON-RECOURSE. .................................................................................................................................... 21 SECTION 40. IOC APPROVAL REQUIRED. ............................................................................................................... 21 SECTION 41. PRIMACY OF THE IOC REQUIREMENTS. ........................................................................................ 21 SECTION 42. OLYMPIC CHARTER AND HOST CITY CONTRACT. ..................................................................... 21 SECTION 43. SEVERABILITY. ...................................................................................................................................... 21 SECTION 44. COUNTERPARTS. ................................................................................................................................... 22 SECTION 45. NO THIRD PARTY BENEFICIARY...................................................................................................... 22 SECTION 46. GOVERNING LAW. ................................................................................................................................. 22 SECTION 47. TIME OF THE ESSENCE. ....................................................................................................................... 22 SECTION 48. CUMULATIVE RIGHTS. ......................................................................................................................... 22 SECTION 49. RIGHT TO ENFORCE STRICTLY; SPECIFIC PERFORMANCE. ................................................... 22 SECTION 50. INTERPRETATION. ............................................................................................................................ 223
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EXHIBITS
EXHIBIT A Addresses for Notices
EXHIBIT B City Ad Space
EXHIBIT C Dispute Resolution
EXHIBIT D Additional IOC Covenants
EXHIBIT E Olympic Charter
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GAMES AGREEMENT BETWEEN
THE CITY OF ANAHEIM
AND
THE LOS ANGELES ORGANIZING COMMITTEE
FOR OLYMPIC AND PARALYMPIC GAMES 2028
This City of Anaheim 2028 Olympic and Paralympic Games Agreement (the “Games Agreement”) is made and entered into as of the date of the last signature set forth below by and among the City of Anaheim, a municipal corporation (the “ City”) and the Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028, a California nonprofit public benefit corporation (the “ OCOG”). Collectively, these entities shall be known herein as the “Parties” or individually as a “Party.”
WITNESSETH
WHEREAS, on September 13, 2016 the City delivered to the International Olympic Committee (the “IOC”) in connection with the candidature of the City of Los Angeles for the 2024 Olympic and Paralympic Games (the “2024 Games”), letters which set forth certain governing principles and commitments from the City regarding its participation as a venue city in the 2024 Games (collectively, the “Guarantees”);
WHEREAS, subsequent to the City’s issuance of the Guarantees, the IOC and International Paralympic Committee (“IPC”) selected the City of Los Angeles to host the 2028 Olympic and Paralympic Games (the “2028 Games”);
WHEREAS, per IOC requirements, the OCOG and the City now wish to enter into a definitive agreement to reflect the City of Los Angeles’ subsequent election as host of the 2028 Games, to incorporate and apply the terms of the Guarantees to the 2028 Games (including with respect to public services in support of the 2028 Games) and to set forth other customary terms and conditions to provide a critical framework for how the OCOG and the City will work together;
WHEREAS, the Parties are committed to conduct ing 2028 Games-related operations in accordance with the goal of delivering a fiscally responsible 2028 Games;
WHEREAS, the City is committed to working in good faith with the OCOG to coordinate and deliver a successful 2028 Games;
WHEREAS, the Parties recognize the value of sport as a way to celebrate human achievement and connect local and global communities in unique and powerful ways, acknowledging the benefit of both elite competition and recreational sport;
WHEREAS, the Parties celebrate the IOC’s leadership role in supporting the UN Women in the Sports for Generation Equality initiative, which aims to advance gender equality and the empowerment of women and girls in and through sport;
WHEREAS, the Parties desire to work together in good faith to host a safe and fiscally-responsible 2028 Games that are consistent with the long-term interests and values of the City and its residents;
WHEREAS, the Parties desire to ensure the 2028 Games reflect a commitment to sustainability as a guiding principle and positive impacts for local communities;
WHEREAS, the period of OCOG operations will necessitate that the City and the OCOG meet regularly;
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WHEREAS, in connection with the selection of the City of Los Angeles as the host of the 2028 Games, the City of Los Angeles, the OCOG, the IOC, and the other parties thereto entered into that certain Host City Contract effective as of September 13, 2017 (as amended or otherwise modified from time to time, the “Host City Contract”), which, among other things, sets forth the primary obligations of the City of Los Angeles and the OCOG in connection with the planning, organizing, financing, and staging of the 2028 Games;
WHEREAS, the Host City Contract is comprised of, among other things, the HCC – Principles, the HCC – Operational Requirements, and the Candidature Commitments (as each such term is defined in the Host City Contract);
WHEREAS, the Parties acknowledge and agree that, pursuant to Section 3 of the HCC – Principles, all agreements relating to the incorporation and existence of the OCOG, including this Games Agreement, shall be submitted to the IOC for its approval; and
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the Parties, and of the promises contained in this Games Agreement, the Parties hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated into this Games Agreement.
Section 2. Purpose. The purpose of this Games Agreement is to set forth certain material terms of the relationship and commitments between the City and the OCOG.
Section 3. Voluntary. This Games Agreement is voluntarily entered into for the purpose set forth in Section 2 above.
Section 4. Term. This Games Agreement shall become effective on the date of the last signature set forth below by the Parties and shall remain in effect until the earlier of (i) the date the OCOG has satisfied all of its obligations pursuant to this Agreement, including resolution of any disputes in accordance with applicable procedures pursuant to this Agreement ; (ii) the date of the express written agreement of each of the Parties hereto to terminate this Games Agreement; and (iii) the date this Agreement is terminated in accordance with Section 25 (collectively, the “Term”).
Section 5. City Liaisons. The City hereby designates the City Manager (or their designee), as the City’s liaison to the OCOG (the “City Liaison”).
Section 6. Power to Bind. Each of the Parties acknowledges and agrees that it shall not have any authority to bind the other to any legally binding obligation unless that authority has been granted to it by such other Party.
Section 7. Delivery of City Resources.
7.1 Normal and Customary Services. The City shall provide within each Games Footprint (as defined in Section 7.4.2)—and at the City’s cost and expense—public services at the normal level and range of public services customarily provided when no special events are being conducted (the “Normal and Customary Services”), as determined in accordance with Section 7.1.1. Such public services shall include, but are not limited to, police, fire, transportation, public works and building and safety.
7.1.1 The City and OCOG agree to meet on a regular basis and, by March 1, 2026 mutually agree (in writing) on the Normal and Customary Services. The Parties will collaborate in good faith, exchange information relevant to the City’s provision of Normal and Customary
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Services, and use relevant data, including the costs of corresponding public services provided by the City for the City’s fiscal years 2023/2024, 2024/2025, and 2025/2026 (which such data shall be utilized for purposes of establishing an underlying historical trend in furtherance of projecting the Normal and Customary Services ). The City shall provide such relevant information and data for its fiscal year 2023/2024 and 2024/2025 within ninety (90) days after the execution of this Agreement.
7.2 Notwithstanding 7.1, except in cases of articulable differences between the City and the City of Los Angeles (for example those services that are above normal and customary levels performed by private entities, the City does not provide certain services in the ordinary course that the City of Los Angeles does provide, the provision of specific services would cause a substantial adverse fiscal impact on the City that significantly and disproportionately differs from fiscal impacts resulting from prior special events held in the City, or other differentiating circumstance s) the Normal and Customary Services provided by the City (and at the City’s cost and expense) shall be substantially similar to the normal and customary services –and processes for identifying such services–defined in the Games Agreement between the City of Los Angeles and the OCOG.
7.3 Enhanced City Resources Master Agreement. The C ity shall provide within each Games Footprint—and at the OCOG’s sole cost and expense , unless otherwise agreed between the Parties—public services in support of a successful 2028 Games at levels and/or ranges above those applicable to the Normal and Customary Services (the “Enhanced City Resources”) . The OCOG shall negotiate with the City in good faith (by and through the City Liaisons) to, by October 1, 2026, enter into one agreement, the Enhanced City Resources Master Agreement (the “ECRMA”), pursuant to which the City shall provide the Enhanced City Resources. The ECRMA shall include, among other things, terms establishing services, service levels, unit costs, rates, a repayment timeline, audit rights (including as it relates to City labor agreements, as approved in City’s budget), and other schedule, process, and cost estimation considerations. The rates set forth in the ECRMA will be adjusted to reflect the actual rates included in existing City labor agreements effective during the delivery of any Enhanced City Resources.
7.3.1 The City designates the City Manager, or designee, as its a dministrator for the ECRMA and VSAs (as defined below) or any other agreement pertaining to the use of Enhanced City Resources between the City and OCOG. The City Manager , or designee, shall coordinate City-wide administrative oversight, budgetary control, receipt of payments for Enhanced City Resources from the OCOG, reconciliation of costs and services, integration of city services across venue cities, and any requests which may require further approval by the City.
7.3.2 For the avoidance of doubt, (i) the ECRMA (and, in turn, and as described in Section 7.4, the VSAs) shall set forth the specific Enhanced City Resources to be provided by the City, and (ii) subject to the terms of (x) City contracts in effect as of the effective date hereof and (y) any applicable law, statute, ordinance, regulation, or other applicable rule or order of a governmental authority (including ethical and conflict of interest guidelines and policies) (“Applicable Law”). The specific Enhanced City Resources to be delivered by City shall be mutually agreed upon by the Parties in the ECRMA, and nothing in this Games Agreement shall be construed so as to obligate the delivery or utilization of any particular service or service levels (other than the Normal and Customary Services) in connection with the 2028 Games.
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7.4 Supplemental Matters re: ECRMA. The ECRMA shall include terms and processes with respect to (i) determining, in real -time, Enhanced City Resources required in response to mutually agreed upon categories of unplanned public health and safety incidents; (ii) Identified Venue (as defined in Section 7.4) access protocols, including any relevant 3rd party venue management entities; and (iii) other matters as may be mutually agreed to by the Parties (e.g., as and to the extent applicable, the City’s provision of necessary public services to City residents via alternative mechanisms as a direct result of the occurrence of 2028 Games events in the Games Footprints).
7.5 Venue Services Agreements. The ECRMA shall include material terms and processes pursuant to which the City shall provide Enhanced City Resources at , or around, Honda Center and those certain mutually identified venues or sites that will host 2028 Games and/or 2028 Games related events (the “Identified Venues”). The Parties shall, with respect to each Identified Venue, enter into an agreement that governs the specific provision of Enhanced City Resources and is consistent with the material terms and processes set forth in the ECRMA and elsewhere in this Section 7.4 (each, a “VSA”) by no later than October 1, 2027.
7.5.1 Identification of Enhanced City Resources at Identified Venues. The VSAs will be negotiated by the Parties and executed based on mutual consent for each Identified Venue.
Each VSA will identify, among other things, (i) Enhanced City Resources to be provided by the City ; (ii ) to the extent not otherwise contained in the ECRMA, proces ses for estimating Enhanced City Resources expenses (e.g., rates and unit costs); (iii) access rights to the applicable Identified Venue (e.g., by City and any 3rd part venue managers); and (iv) the Games Footprint for the applicable Identified Venue. The OCOG shall coordinate the development of the VSAs with City Manager , or designee, (by and through its City Liaison(s)), who shall, in turn, ensure coordination with any relevant City department or planning body in order to facilitate City-wide administrative oversight, budgetary control, and any requests which may require further approval by the Mayor and Council.
7.5.2 Games Footprint. The Parties acknowledge and agree that the Enhanced City Resources to be provided under a given VSA shall be estimated based on a geographical footprint that (i) is deemed to be in effect for the periods of time that 2028 Games and/or 2028 Games related events are to occur at an Identified Venue and (ii) determines the physical boundaries of such Identified Venue with view to its specific geographic location, the events to be held at the applicable Identified Venue, and relevant characteristics of the community in which the Identified Venue is located (each such footprint , a “ Games Footprint”). The Games Footprint of a n Identified Venue shall be specifically defined within its VSA and established by the OCOG.
7.6 Compensation.
7.6.1 Calculation of Compensation for Enhanced City Resources . The Parties agree that compensation for Enhanced City Resources will be calculated based on the unit and rate of a given Enhanced City Resource identified in the ECRMA and/or VSAs.
7.6.2 Recession Principle. The Parties acknowledge and agree that the OCOG’s compensation to the City for Enhanced City Resources shall be used to supplement Normal and Customary Services. Accordingly, should the City, in its sole discretion, decide to decrease the level and/or range of Normal and Customary Services established pursuant to Section
7.1.1 due to a financial re cession or any other reason , the Parties acknowledge and agree
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that: (i) the OCOG’s obligation to compensate the City for the provision of public services hereunder shall remain limited to payment for public services provided at levels and/or ranges above those established pursuant to Section 7.1.1 and (ii) the City shall remain solely responsible for providing public services (x) at the levels and ranges established pursuant to Section 7.1.1 (at the City’s cost and expense) and (y) at the levels and ranges above those established pursuant to Section 7.1.1 and as set forth in the ECRMA and/or VSAs.
7.6.3 Capital Assets Rental Principle. The City acknowledges and agrees that the O COG shall not be responsible for the City’s purchase or rental of any capital assets (i.e., those assets other than people) that are needed to temporarily deliver Enhanced City Resources. The Parties further acknowledge and agree that if the City decides to purchase or billable rent capital assets to meet 2028 Games requirements, the OCOG shall not be responsible for the cost or reimbursement of such purchase or rental absent the OCOG’s prior written consent.
7.6.4 Time-shifting of Public Services . The Parties acknowledge and agree that City public services that are time-shifted to support 2028 Games requirements but are not otherwise provided at levels above the Normal and Customary Services established pursuant to Section 7.1.1 (e.g., the timing of certain road repairs) will not be calculated as Enhanced City Resources.
7.6.5 Other Mandatory Fees . As provided in Section 7.1, the OCOG shall not be required to compensate the City for any costs, fees, charges, or expenses incurred by the City in connection with Normal and Customary Services. In addition, and notwithstanding the foregoing, the OCOG shall not be required to pay any fee or cost included in calculating the costs of Enhanced City Resources in a VSA (and/or the ECRMA), including, but not limited to, overhead costs, administrative fees, general governmental expenses, employee salaries and benefits not directly tied to the provision of Enhanced City Resources, or other indirect costs not reasonably and necessarily incurred in connection with the actual delivery of the Enhanced City Resources.
7.6.6 Ordinary and Customary Prices . In accordance with Section 7. 5.3 above , and notwithstanding anything to the contrary set forth in this Games Agreement, the Parties acknowledge and agree that, with respect to the provision of Enhanced City Resources and any other City service or support contemplated to be provided at a cost t o (or otherwise paid by) the OCOG hereunder, the City shall charge the OCOG no more than the City’s ordinary and customary prices (as such ordinary and customary prices , are reasonably understood as of the date hereof, subject to commercially reasonable adjustments for inflation) and as approved by City Council.
7.7 Payment Timing and Structure. The OCOG and the City shall mutually agree on payment timing and structure terms within the ECRMA (as such terms may be further clarified in the VSAs) for any Enhanced City Resources provided prior to the 2028 Games or in support of the 2028 Games (or any other mutually agreed upon matter requiring payment by the OCOG thereunder). Without otherwise limiting this Section 7.6, the Parties acknowledge and agree that such terms shall provide for a mutually agreed upon payment schedule that reflects a customary and reasonable relationship between pace of payment and the times at which Enhanced City Resources are delivered (or the times at which any other mutually agreed upon matter requiring payment by the OCOG thereunder is undertaken).
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Section 8. Priority Option on City Advertising Space.
8.1. To the extent that City is the owner and licensor of certain out of home media units, including, without limitation, static or digital billboards, bulletins, street banners, posters, spectaculars, murals, street furniture, transit displays, or any other units available for advertising display located in and around the “Olympic Locations” (collectively, “City Ad Space”) within those Games-related clean zones defined as those geographically defined areas within a one (1) mile square perimeter of each of the Identified Venues of any City owned or other controlled transportation system, and/or all major transportation corridors connecting or affording ingress and egress to and from the Identified Venues (the “Clean Zones”), the City be subject to those further obligations set forth in this Section 8, with respect to such City Ad Space.
8.2. In support of the parties’ collective goal of hosting a successful 2028 Games, the City, except as otherwise prohibited by an existing Third Party Contract at the time of execution of this Agreement, shall facilitate discussions between OCOG and its media operator(s) or other applicable third party partners with any rights in or to City Ad Space, regarding a priority option of OCOG (exercisable at its sole discretion), either on behalf of itself, or the IOC, IPC, USOPC, USOPP, or their respective sponsors, retail partners, or other designees identified in writing, to purchase all or select City Ad Space within the Clean Zone during the Games Period, defined as that period between June 12, 2028 through September 4, 2028, and subject to those terms to be agreed between the OCOG and the City’s media operator(s).
8.3. The City shall provide to OCOG a true and accurate list , in substantially the form identified at Exhibit B, of all City Ad Space located within the Clean Zones and a description of any current contract, agreement, arrangement, license, or understanding with any third party, for example, any media operator, manager, licensor, licensee, lessor, or lessee, granting any rights in or to such City Ad Space during the Games Period (each, a “ Third Party Contract”). The City agrees to conduct regular reviews of its inventory and related contracts on at least a quarterly basis during the Term and to promptly notify the OCOG of any changes to the list of all City Ad Space located within the Clean Zone at any time during the Term or upon reasonable written request from the OCOG. The City also agrees that, with respect to any City Ad Space located within the Clean Zones which is subject to a Third Party Contract (for example, any ad panels on bus shelters or transit platforms, stadium signage, freeway signage, or other out of home advertising ad space contracted to and/or controlled by Angel Stadium, ARTIC, or Honda Center) (each, “Third Party Ad Space”), to the extent permitted by law and requested by OCOG, the City shall make reasonable efforts to help facilitate introductions between the owners and licensors of such Third Party Ad Space.
8.4. Following the Effective Date, to the extent permitted by law and consistent with the terms herein, if the City proposes to enter or renew any relevant media operator contract(s), such that it will extend into any portion of the Games Period, the City shall promptly notify the OCOG .
Notwithstanding anything to the contrary in this Agreement, the City agrees that it will not permit the use of any of the City Ad Space in a manner which claims a false or unauthorized association with the Olympic Parties and/or the 2028 Games, or which is likely to induce in the minds of members of the public any association between any third party and the Olympic Parties by means of Ambush Marketing or otherwise, or which infringes the laws that protect the imagery and marks of the OCOG, the IOC, the IPC, the USOPC, or the 2028 Games.
8.5. Following the Effective Date, to the extent permitted by law, if the City issues or renews any permit to develop or otherwise erect out of home advertising space (whether traditional, electronic, digital, building wraps, or other medium) in any of the Clean Zones, which will be available for purchase during any portion of the Games Period, the City shall also promptly notify the OCOG and shall
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make reasonable efforts to facilitate necessary introductions between the owners and licensors of such advertising space in the Clean Zones..
Section 9. Priority Room Block at New City Hotel Developments.
Following the Effective Date, if the City receives an application to develop any new hotel within the City, the City understands and agrees that, to the extent permitted by law, it shall direct the relevant City departments to include as a community benefit in any hotel development agreement an option for the OCOG to direct ly purchase up to Ninety Percent (90%) of the hotel’s inventory for use by any Games-related stakeholders identified by the OCOG, during the period commencing June 21, 2028 and extending through and including August 31, 2028, whi ch agreement shall be documented by way of an accommodations agreement between the developer and the OCOG on terms and conditions consistent with those finalized between the OCOG and other hotels of similar size and quality within the greater Los Angeles region (each an “Accommodations Agreement”).
Section 10. Permitting and Zoning Needs.
The City agrees to use its best efforts to and to work in good faith with the OCOG and its applicable partners, including venue owners/operators, to prioritize, expedite and approve the permitting and zoning needs for the Games. OCOG shall coordinate with the City as early as possible to ensure compliance with all City requirements for processing any and all licensing, permitting and zoning requests. The Parties shall mutually cooperate and engage on a regular basis to identify all relevant licensing, inspections, temporary power, and street closures, among others, prior to the Games. The City’s point of contact for such permitting and zoning needs is Director of Planning and Director of Public Works.
Section 11. Admissions/Ticket Tax.
The City agrees (i) to not subject the 2028 Games events to any current and/or future admissions taxes, parking taxes or related taxes and (ii) that such waiver shall not burden the applicable venue owners/operators and teams; provided that the City may take any action that it is legally required to take in connection with tax measures put on a ballot pursuant to a voter approved petition.
Section 12. Other Events.
The City hereby confirms and undertakes, to the maximum extent of its authority, that no major public or private event, conference, or other meeting, other than would ordinarily occur at the Disneyland Resort, Anaheim Convention Center, Angel Stadium of Anaheim, Honda Center or Grove of Anaheim, which could have an impact on the successful planning, organizing, financing and staging of the Games or their public and media exposure, will take place within the City itself, or its neighborhoods, during the Games or during the preceding or following week, without the prior written approval of the OCOG.
Section 13. Unauthorized Street Trading
13.1. The City confirms that, consistent with the First Amendment of the U.S. Constitution, appropriate legislation is enforced in the City to control unauthorized street trading within the vicinity of Games venues. Specifically, Municipal Code Chapter 4.52 provides that a City “solicitor’s” permit be obtained by any person traveling by foot, vehicle, or other type of conveyance, from place to place or at any temporary stationary location on public property, and carrying, displaying, conveying, transporting or offering for sale any goods, wares, merchandise or making
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sales and delivering articles thus sold to a purchaser thereof; Municipal Code 4.52.020 provides that a City “street vendor’s” permit be obtained by any person who sells food or merchandise upon a public sidewalk; and Municipal Code 4.52.040 and Municipal Code 4.52.060 prohibits soliciting and street vending in or upon the grounds of any stadium, convention center, or public facility owned or operated by the City except with the prior written consent of the City.
13.2. The City shall ensure that laws and regulations in place in the City to control unauthorized street trading within the vicinity of the Games venue , including, but not limited to those delineated in Section 13.1 (or laws and regulations that are substantially similar in scope), shall remain in force through the conclusion of the Games.
13.3. To the extent allowed under the law, t he City shall undertake best efforts to enforce any and all laws and regulations in place to control unauthorized street trading within the vicinity of Games venues, including, but not limited to, those delineated in Section 13.1 (or laws and regulations that are substantially similar in scope).
13.4. To the extent additional efforts or measures are required within its jurisdiction, the City shall work with the OCOG for the 2028 Games to ensure protection of the IOC’s rights and interests in relations to the 2028 Games.
Section 14. Unfair Business Practices Protection.
The City agrees that in cooperation with the City of Los Angeles, the OCOG and local, regional and national business, trade and service organizations, it will promote and encourage, to the extent permitted by law, the charging of ordinary and customary prices for goods and services associated within the 2028 Games within its territorial limits (including, but not limited to, hotel rates, restaurants and related services) for anyone attending the 2028 Games, including non- accredited spectators. Under California Business and Professions Code Section 17200, the City has broad authority to protect spectators and participants from unfair business practices during the Games.
The City shall undertake best efforts to enforce any and all applicable laws and regulations in order to protect spectators, participants, and the OCOG from unfair business practices up to and through the conclusion of the Games.
Section 15. Accessibility Standards.
The City guarantees, to the maximum extent of its authority, that the accessibility standards to be applied for the 2028 Games, including for the Paralympic Games, shall include the United States’ Americans with Disabilities Act and Fair Housing Act and California’s Fair Employment and Housing Act, Unruh Civil Rights Act, Disabled Persons Act and Ralph Civil Rights Act. The City will cooperate with the OCOG to ensure that accessibility will be fully integrated into the planning of the 2028 Games, including the Paralympic Games, taking place within its territorial limits.
Section 16. Transport and Traffic.
The City agrees (i) to work in good faith with the OCOG and 2028 Games Mobility Executives (i.e., the convening of City, regional and State transportation leaders) to help develop the 2028 Games Mobility and Transportation Plan; (ii) to comply with the 2028 Games Mobility and Transportation Plan; and (iii) that the operations of the City’s transport and traffic command and control operations will be made available to support and will be integrated within the overall Games transport and traffic solution.
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Section 17. Security.
Consistent with the U.S. Department of Homeland Security’s designation of the 2028 Games a National Special Security Event, the City agrees to work in good faith with the California Olympic and Paralympic Public Safety Command, IOC, the U.S. Department of Homeland Security, and the OCOG to ensure a safe and peaceful celebration of the 2028 Games within the City.
Section 18. Venue Construction and Infrastructure Development Projects.
The City agrees, to the maximum extent of its authority, that, in addition to applicable federal and state laws, all venue construction and infrastructure development projects necessary for the organization of the 2028 Games within its territorial limits will comply with local planning, construction, protection of the environment, health and safety, labor, and anti -corruption laws.
These include, but are not limited to, the following:
• The Building and Housing Title of the Municipal Code – Building Standards Codes and Administrative Provisions Pertaining to Building and Construction (Title 15, Chapter 15.03) (containing building and construction codes); • The Zoning Title of the Municipal Code (Title 18) (containing zoning and planning laws); and
• The Administration Title of the Municipal Code – Campaign Reform Chapter (Title 1, Chapter 1.09) (containing anti-corruption protections). • City Charter Section 1211
In addition, the City agrees that, to the extent of its authority, in no event shall any construction or development work be conducted or authorized to be conducted by the City or its Representatives within the Games Footprint during the Games Period without the prior written approval of the OCOG; provided the foregoing shall not apply to necessary maintenance, repairs, or emergencies that arise during the Games Period or requirements set forth by Applicable Laws.
Section 19. Venue Use Agreements.
19.1. Inclusion in ECRMA. Any Venue Use Agreement executed between the OCOG and the City shall be included as an attachment to the ECRMA.
Section 20. OCOG Exclusive Rights
20.1. Olympic Marks. No license or right to the use of any Olympic - or Paralympic-related symbols, emblems, marks, designations or terminology, including but not limited to (a) the words “Olympic” and “Olympiad” and “Paralympic”; (b) the symbol of the IOC, consisting of five interlocking rings, and/or (c) the symbol of the IPC, consisting of three Agitos (all Olympic or Paralympic symbols, emblems, marks, designations and terminology, collectively, the “Olympic Marks”), is granted to the City by this Agreement. In addition, the City shall refrain from creating and/or using any mark, symbols, emblems, designation or terminology that is confusingly similar to any of the Olympic Marks. The City hereby expressly acknowledges and agrees that any use of Olympic Marks in the United States is restricted by Title 36, United States Code, Section 220506, and may be used only with the prior written permission of the USOPC, the IOC, the IPC, or an y of their respective Affiliates, as applicable; provided that (i) nothing contained herein shall prevent the City from negotiating or entering into separate agreements with the USOPC, the IOC, the IPC, or any of their respective Affiliates, as applicable, for the use of any Olympic Mark nor restrict the City’s use of
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any Olympic Mark pursuant to any such separate agreements, and (ii) if permitted by the USOPC, the IOC, the IPC, or any of their respective Affiliates, as applicable, OCOG will provide the City with an approved designation and/or terminology and, if necessary, a limited license or sublicense to use certain Olympic Marks for the purpose of enabling the City to identify the City as one of the venue cities for the Games. For purposes of this Agreement “Affiliate” means with respect to a Person, any other Person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such initial Person. “Person” means any individual, partnership, firm, limited liability company, corporation, association, trust, unincorporated organization, governmental authority or other legal entity of any kind.
20.2. OCOG Marks. No license or right to any present or future trademark, service mark, copyrighted work or other intellectual property, including any logo, sport pictograms and/or mascot of OCOG, the USOPP, and the USOPC (all trademarks, service marks, copyrighted works and other intellectual property of OCOG, the USOPP, and the USOPC, collectively, the “OCOG Marks”) is granted to the City by this Agreement. The City expressly acknowledges and agrees that OCOG Marks are or will be protected by state and federa l trademark, copyright, unfair competition and other Applicable Laws, and may be used only with the prior written permission of OCOG pursuant to a separate agreement between the Parties.
20.3. Commercial Identification Prohibitions. In no event shall the City have any right to grant, and the City hereby represents, warrants and covenants that it (or any Representative) has not entered into and will not enter into any agreement, understanding or arrangement that grants or purports to grant, any commercial sponsorship, affiliation or other identification rights of any kind or description with respect to the Games, the Olympic Parties, this Agreement or any of the services or uses contemplated hereunder to any supplier of goods or services or to any other Person, without the prior written consent of OCOG. The City shall not make, and shall not permit any of its Representatives to make, any commercial use of the City’s relationship with OCOG or the Games (whether prior to, during or after the Games Period) without the prior written consent of OCOG , including by:
a) referring to the Games, any of the Olympic Parties, this Agreement or any of the services or uses contemplated hereunder in any sales literature, letters, B2B industry materials, client lists, pitch materials, press releases, website, social media, apps, brochures or other written materials, except as may be necessary to perform the City’s obligations under this Agreement; or
b) using or allowing the use of any Olympic Mark, any OCOG Mark or any other service mark, trademark or trade name that is now or may be hereafter associated with, owned by or licensed by any of the Olympic Parties, in connection with any service or product; or
c) contracting with or receiving money or anything of value from any Persons to facilitate such Persons obtaining any type of commercial identification, advertising or visibility in connection with the Games.
For purposes of this Agreement, “ Representatives” means, with respect to any Person, such Person’s Affiliates, directors, trustees, officers, employees, volunteers, contractors, subcontractors, vendors and other agents, sponsors, advisors, consultants and representatives (including, solely with respect to the OCOG, the IOC, the IPC, the USOPC and any other Olympic Parties and their respective Representatives).
“Olympic Parties” means the IOC, the IPC, the USOPC, USOPP, other host city organizing
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committees, their Affiliates, and the entities or companies now existing or to be created, owned or controlled (directly or indirectly) by the foregoing entities, including, The Olympic Foundation for Culture and Heritage, IOC Television & Marketing Services S.A., Olympic Channel Services S.A., Olympic Channel Services S.L., and Olympic Broadcasting Services S.A.
20.4. License of City’s Likeness, City Logos, Names and Marks. For the purposes of: (a) broadcasting, telecasting or otherwise distributing any depiction of the Games, the Test Event(s) and the Special Event(s) through any materials or media platforms operated directly or indirectly by the Olympic Parties, their af filiates, or any third parties such as broadcasters, social media networks, International Federation of Relevant Sport, NOCs, and other partners, (b) identifying the location of the Games, the Test Event(s) and the Special Event(s), (c) providing map and w ay-finding information, (d) planning, developing, advertising, promoting, supporting, organizing, hosting, staging or otherwise implementing the Games, Test Event(s), and Special Event(s) (including, without limitation, through marketing materials, advertising, brochures, pamphlets, magazines, websites, videos, shows, episodes, social media, audiovisual presentations, or billboards), (e) promoting and creating educational materials regarding the Games, Test Event(s), and Special Event(s), generally, (f) making any presentations (in any format) to other Olympic Parties or any International Federation of Relevant Sport or National Governing Body of Sport, and (g) any other commercial or non-commercial purpose in connection with the Games, the City hereby grant s to OCOG and the other Olympic Parties, and their successors and assigns, a perpetual, royalty -free, worldwide, non- exclusive and irrevocable right and license (including sub- license rights and without any restriction of time or territory):
a) to use, distribute and exploit any name, image, likeness, drawing, replica, model, rendering, photograph or other visual, auditory, or symbolic representative reproduction (each, a “City Likeness”) of the City, or any portion thereof, in any medium, format, or technology, whether now existing or hereafter created, for any lawful purpose in connection with the Games, all of which may be used, reused, edited, translated, combined, modified, presented, displayed, reproduced, made the subject of derivative work s, adapted, broadcasted, published, republished, posted, transmitted and distributed, publicly or otherwise, for use in connection with the Games, in the Olympic Parties’ sole discretion (with the Olympic Parties having no obligation to actually use any Ci ty Likeness in any way);
b) to use any and all of a City’s symbols, emblems, marks, logos, trademarks and service marks, or any part thereof, including the name of the City (the “ City Marks ”), in any medium, whether now known or hereafter created; and
c) to (i) use, reuse, edit, translate, combine, modify, present, make the subject of derivative works, reproduce, adapt, broadcast, publish, republish, post, transmit, distribute and publicly display any and all video or photographic work(s) that feature or otherwise include any City Likeness that the City or any of its Representatives may provide or otherwise make available to the Olympic Parties from time to time (collectively, “Provided Works”), including, without limitation, in connection with any public or pri vate promotional campaign related to the Games, in print, marketing materials, advertising, brochures, pamphlets, magazines, websites, videos, shows, episodes, social media, audiovisual presentations, or billboards, and by any other means or medium, whethe r now known or hereafter created; and/or (ii) to couple the Provided Works with other materials and/or content prepared by or on behalf of the Olympic Parties and to crop or retitle them as any Olympic Party deems appropriate, in its sole discretion. The City represents and warrants to the Olympic Parties that the City owns the entire copyright to each of the Provided
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Works.
For the avoidance of doubt, “Test Event(s)” means an event scheduled or conducted by the OCOG, venue owner and/or other Representatives or Persons designated by the OCOG, in its sole discretion, to test the technical and operational systems of an Identified Venue, the use of an Identified Venue for the Games events, or perform certain other readiness activities. “Special Event(s)” means an event held in connection with the Games (e.g., concerts and ceremonies and other live events), including those that are anticipated to occur at any Identified Venue.
20.5. Prevention of Ambush Marketing and Other Infringing Activities.
a) In addition, the City shall (i) cooperate with OCOG to prevent Ambush Marketing within the City, and any adjacent land owned, operated or controlled by the City or any of its Affiliates, in each case, at any time during the period from June 12, 2028 through and including August 6, 2028 as well as other period(s) to be defined by mutual agreement of the OCOG and the City at a later stage, (ii) immediately notify OCOG should the City become aware of any such Ambush Marketing, and (iii) use good faith efforts to take appropriate measures as are necessary to protect the commercial sponsors of the IOC, IPC, USOPC, and/or OCOG (“Games Sponsors”) rights from any Ambush Marketing.
b) OCOG shall have the right to take appropriate legal action against any Person that engages in Ambush Marketing, and the City hereby agrees to use its best efforts to cooperate with OCOG (and take such reasonable actions as may be requested by OCOG in pursuing such legal action. Any measures, steps or actions taken by the City under this Section 20.5 (Prevention of Ambush Marketing and Other Infringing Activities) at the request of OCOG shall be at OCOG’s sole cost and expense (unless the activities set for th above are due to the actions or omissions of the City or any of its Representatives).
c) “Ambush Marketing” means any or all of the following:
1. any non- Games partner/sponsor company’s use of creative means or efforts to generate any false association with the Games and Olympic Parties, whether through the use of protected Olympic Marks or not;
2. any non-Games partner/sponsor company’s infringement of any Applicable Law, rule or regulation that protects the use of the Olympic Marks and other Olympic and Paralympic imagery and indicia; and
3. any other action or activity of any non- Games partner/sponsor company that intentionally or unintentionally interferes with, undermines, encroaches, comprises, curtails, infringes or ambushes, the legitimate marketing activities and rights of the Games Sponsors.
20.6. City Beautification and Branding. Notwithstanding the foregoing, in the months leading up to and during the Games, the City may, at the City’s sole cost and expense, implement the OCOG cross- city branding plan (“ OCOG Branding Plan”) in and around the City on property and inventory controlled by the City. The OCOG Branding Plan shall be developed by OCOG in its sole discretion and communicated to the City with reasonable advance notice. The OCOG Branding Plan may include, but shall not be limited to, product ion and display of banners, bus wraps, billboards, and other signage identifying and celebrating OCOG and the Games.
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Section 21. Risk Management
21.1. Insurance. The Parties acknowledge that, in accordance with the Games Agreement between the OCOG and the City of Los Angeles, the OCOG does and will obtain and maintain, at its own cost, insurance policies in accordance with prudent commercial best practices, taking into account the experience of past Olympic Games. The Parties intend that specific insurance requirements shall be negotiated and evidenced by the ECRMA, or VSAs, or other related agreements. The Parties acknowledge that the City, on behalf of itself and its departments and agencies, does and will obtain and maintain, at its own cost, insurance policies through a municipal risk pool.
21.2. Insurance Policies. The Parties shall cooperate in good faith to designate each other as either an additional insured, interest, payee, or beneficiary on applicable insurance policies related to their respective obligations hereunder, including any indemnification obligations, and under any subsidiary agreement contemplated hereunder, including but not limited to the ECRMA. As applicable, such subsidiary agreements shall specify required insurance coverages and terms applicable to the services or other performance obligations contemplated thereunder.
Section 22. Event of Default
22.1. City Event of Default. The occurrence of any of the following events shall constitute an event of default of the City for purposes of this Agreement (each, a “City Event of Default”):
22.1.1 any failure by the City to perform any of its obligations under this Agreement (except those referenced in Section 22.1.2 below for which the provisions thereof shall apply) where such failure continues for more than thirty (30) days after OCOG’s written notice thereof to the City; provided that if the nature of the default is such that it cannot be reasonably cured within such thirty (30) day period, the City shall not be deemed to be in default if it timely commences cure within such thirty (30) day period and diligently proceeds to cure such default within a reasonable time period acceptable to OCOG after receipt of OCOG’s written notice; or
22.1.2 any failure by the City to perform any of its obligations under Section 26.1 (Sustainability and Social Responsibility) or Section 20 (OCOG’s Exclusive Rights) where such failure continues for more than three (3) Business Days after OCOG’s written notice thereof to the City. “Business Days” means any day except any Saturday, Sunday, or legal holiday in the State of California.
22.2. OCOG’s Remedies. Upon the occurrence of any City Event of Default, OCOG shall have the option to pursue any of the following remedies:
a) OCOG shall have the right, but not the obligation, to perform any obligation of the City, hereunder, and the City shall promptly reimburse OCOG for all costs and expenses incurred by OCOG or its representatives in connection with such performance; provided that OCOG may, at OCOG’s option, elect to offset such cost and expenses against any amounts that would otherwise be payable to the City under this Agreement;
b) OCOG shall have the right upon written notice to the City to terminate this Agreement in accordance with Section 25.1 (OCOG’s Termination Right); or
c) OCOG shall at all times have the rights and remedies (in addition to those rights and remedies available under this Section, at law, in equity or pursuant to another provision of
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this Agreement), to seek declaratory, injunctive or other equitable relief, and specifically enforce this Agreement.
22.3. City Event of Default during Exclusive Use Period . City acknowledges and agrees that the organization and staging of the Games is a time-critical event, for which numerous decisions must be made and implemented immediately. Therefore, notwithstanding anything to the contrary contained in this Section 22.3 (City Event of Default) or any other provision of this Agreement, City acknowledges and agrees that upon the occurrence of any City Event of Default within sixty (60) days prior to, or at any time during, the Exclusive Use Period, OCOG shall have the immediate right, but not the obligation, to cure such City Event of Default and to take any and all actions as OCOG deems necessary or appropriate to enable fulfillment of the defaulted obligation hereunder and/or satisfaction of the IOC Requirements. OCOG shall use commercially reasonable efforts to notify City of such City Event of Default and the intended curative actions, but failure to deliver such notice shall not prevent the taking of any such curative action. City agrees to reimburse OCOG promptly for all costs and expenses incurred by OCOG or its r epresentatives in connection with such curative actions; provided that OCOG may, at OCOG’s option, elect to offset such cost and expenses against any amounts that would otherwise be payable to City under this Agreement.
22.4. OCOG Event of Default. The occurrence of any of the following events shall constitute an event of default of the OCOG for purposes of this Agreement (each, an “OCOG Event of Default”):
22.4.1. any failure by the OCOG to perform any of its material obligations under this Agreement where such failure continues for more than thirty (30) days after City’s written notice thereof to the OCOG; provided that if the nature of the default is such that it cannot be reasonably cured within such thirty (30) day period, the OCOG shall not be deemed to be in default if it timely commences cure within such thirty (30) day period and diligently proceeds to cure such default within a reasonable time period acceptable to the C ity after receipt of City’s written notice
22.5. City’s Remedies. Upon the occurrence of any OCOG Event of Default, City shall at all times have the option to pursue any legally available rights and remedies including without limitation declaratory, injunctive or other equitable relief, and specifically enforce this Agreement.
22.6. Cumulative Rights. For avoidance of doubt and further to Section 48 (Cumulative Rights) below, the rights and remedies of the Parties under this Section 22 are not exclusive, but rather shall be cumulative and in addition to any and all other remedies available to the Parties, whether under this Agreement, in equity or at law, and may be pursued successively or concurrently as each Party may elect, without any notice or demand whatsoever. The exercise of any remedy by a Party shall not be deemed an election of remedies or preclude that Party from exercising any other remedies in the future.
Section 23. Dispute Resolution.
23.1. Amicable Settlement. Both Parties shall undertake to reach an amicable settlement in cases of any dispute arising out of this Games Agreement (“Dispute”). If an amicable settlement cannot be reached, the OCOG and the relevant City Department shall schedule a meeting of their representatives in a good faith attempt to resolve the issues in Dispute. The meeting shall allow for a detailed presentation of each P arty’s views on the issues and potential solutions to the Dispute. If possible, the meeting should result in an agreed upon course of action to resolve the Dispute. If an amicable resolution cannot be obtained after the initial meeting, then the matter shall
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be escalated, with attempted resolution sought between the relevant City General Manager, and the equivalent OCOG supervisor. If, after conferring, no resolution is obtained, then the matter shall be resolved in a manner consistent with Section 23.2 below. Notwithstanding the foregoing, the Parties agree that for any D ispute arising between the Parties, the place of arbitration shall be the City of Los Angeles, State of California. Both Parties shall continue to perform any obligations under this Games Agreement during any Dispute.
23.2. Dispute Resolution and Waiver of Jury Trial.
23.2.1 Dispute Resolution. Any dispute involving breach (or alleged breach) of, or controversy or claim arising out of or relating to, this Agreement (including the interpretation or invalidity of any of its terms) or fraud of the Parties hereto (any of the foregoing, a “ Dispute”), will be resolved in accordance with the procedures specified in Exhibit C (Dispute Resolution) attached hereto, which will be the sole and exclusive procedure for the resolution of any such Dispute, except that a Party, without prejudice to such procedures, may file a complaint to seek preliminary injunctive or other provisiona l judicial relief if such Party determines, in its sole discretion, that such action is necessary to avoid irreparable damage or to preserve the status quo, provided that the Parties will continue to participate in good faith in the procedures specified in Exhibit C (Dispute Resolution) attached hereto; and provided further that nothing in this Section 23.2 (Dispute Resolution) shall be construed to limit or restrict a Party’s rights under Section 49.2 (Specific Performance) hereof. Other than OCOG Indemnified Parties and the City Indemnified Parties, no person or entity who is not a party to this Agreement shall be bound by this Section 23.2.1 (Dispute Resolution).
23.3. Injunctive Relief. The City acknowledges that Olympic- and Paralympic-related marks (including designation(s), logo(s) and any oth er Olympic- and Paralympic -related intellectual property ) possess special, unique and extraordinary characteristics that may make difficult the assessment of monetary damages that would be susta ined as a result of the City’s unauthorized use or misappropriation thereof. The City recognizes that irreparable injury would be suffered by the OCOG and/or the IOC in the event of the City’s unauthorized use or misappropriation of Olympic- or Paralympic-related marks, and therefore agrees that, notwithstanding the OCOG’s and IOC’s rights to exercise any available remedy, in such event the OCOG and/or IOC shall have the right to obtain from any court of competent jurisdiction , injunctive and other equitable relief as appropriate. If the OCOG and/or IOC seeks injunctive or other equitab le relief in the event of a breach or threatened breach of this Agreement by the City involving unauthorized use of Olympic- or Paralympic-related marks (including the designation(s), logo(s) and any other Olympic - and Paralympic-related intellectual property), the City shall not allege in any such proceeding that the OCOG’s and/or IOC’s remedy at law is inadequate. If the OCOG and/or IOC seeks any equitable remedies (including injunctive relief), it shall not be precluded or prevented from seeking remedies at law, nor shall the OCOG and/or IOC be deemed to have made an election of remedies.
23.4. The City hereby expressly waives the application of any legal provision under which the City may claim immunity against any lawsuit, arbitration, or other legal action that is based in contract and that is for the breach of any obligation(s) of the City defined in this Agreement which is initiated by the OCOG Indemnified Parties (as defined below in Section 24.2). Such waiver shall apply not only to the jurisdiction but also to the recognition and enforcement of any judgment, decision, or arbitral award. The City, by this Agreement, does not waive immunity for any claim or action, or portion thereof, that is based in tort including those that arise out of performance of this Agreement, and all such claims shall comply with the claims presentation requirements set forth in the California Government Claims Act.
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Section 24. Indemnification
24.1. Indemnities by OCOG. The OCOG shall indemnify, defend and hold harmless the City and its respective Representatives (collectively, the “City Indemnified Parties”) from and against any and all City Indemnifiable Claims incurred by any City Indemnified Party in connection with, arising out of, or resulting from (a) any negligent act or omission or willful misconduct by OCOG Indemnified Parties in connection with this Games Agreement; or (b) any breach of any of the OCOG’s representations, warranties or covenants under this Games Agreement (the “City Indemnifiable Claims”); provided that the foregoing indemnification, defense and hold harmless provisions shall not apply to the extent that any City Indemnifiable Claim arises out of or results from any grossly negligent act or omission of willful misconduct of City or any of its Representatives. The indemnification obligations of the OCOG under this Section 24.1. (Indemnities by OCOG) shall survive any expiration or earlier termination of this Games Agreement.
24.2. Indemnities by the City. The City shall indemnify, defend and hold harmless LA28, the other Olympic Parties, the City of LA, the State of California, and each of their respective Representatives (collectively, the “OCOG Indemnified Parties ”) from and against any and all OCOG Indemnifiable Claims incurred by any OCOG Indemnified Party in connection with, arising out of, or resulting from (a) any grossly negligent act or omission or willful misconduct by City Indemnified Parties in connection with this Agreem ent, (b) any breach of any of the City ’s representations, warranties or covenants under this Agreement, (c) any defect in the structure, design or layout of the public services, or (d) any claim that relates to the performance of any public services by the City or its Representatives (collectively, the “ OCOG Indemnifiable Claims”) ; provided that the foregoing indemnification provisions shall not apply to the extent that any OCOG Indemnifiable Claim arises out of or results from any grossly negligent act or omission of willful misconduct of OCOG or any of its Representatives. The indemnification obligations of the City under this Section 24.2 (Indemnities by the City) shall survive any expiration or earlier termination of this Agreement.
24.3. Duty to Mitigate . Any Person that has incurred Indemnifiable Claims that are subject to the indemnification obligations of Sections 24.1 or 24.2 shall take all commercially reasonable ste ps to mitigate damages in respect of such Indemnifiable Claims in any manner that it deems reasonably appropriate, and the costs of such defense shall constitute Indemnifiable Claims.
Section 25. Termination
25.1. OCOG’s Termination Right . This Agreement may be terminated by OCOG without penalty or other liability, at any time, by providing at least ninety (90) days’ prior written notice to the City, (a) for any or no reason up until the date that is one (1) year prior to the commencement date of the Games Period, in OCOG’s sole and exclusive discretion; or (b) pursuant to the terms of Section
22.2 (OCOG’s Remedies) and Section 40 (IOC Approval Required).
25.2. City’s Termination Right. This Games Agreement may be terminated by the City following an OCOG Event of Default by providing at least ninety (90)days prior written notice of termination to the OCOG pursuant to the terms of Section 22.5 (City’s Remedies).
25.3. Effect of Termination . From and after any termination of this Agreement in accordance with its terms, all rights, covenants and obligations of performance by the Parties (except for those rights and obligations that are expressly stated to survive termination, including those contained in Sections 24.1 (Indemnities by OCOG), 24.2 (Indemnities by City ), 33 (Confidentiality), and
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Exhibit C (Dispute Resolution)) shall immediately terminate; provided that no termination of this Agreement shall alter any of the claims of either Party for any breach of this Agreement occurring prior to such termination, and the obligations of the Parties with respect to such breaches (including those giving rise to such termination) shall survive such termination. Except as expressly set forth herein, neither Party shall be obligated to pay the other any cost, fee, premium or penalty as a result of any termination of this Agreement.
Section 26. General Provisions.
26.1. Sustainability and Social Responsibility.
26.1.1 The City hereby acknowledges that it is the goal of OCOG, the IOC, and the IPC to encourage and support a responsible concern for environmental issues, to promote sustainable development and operation in sport and to require that the Games be conducted in a manner consistent with these values. To that end, the City agrees to cooperate with, and to cause all of the City’s Representatives to cooperate with, OCOG in its efforts to achieve the foregoing values, including by (i) engaging in reasonable efforts to reduce waste, increase energy efficiency, minimize pollution, and conserve water and other resources, and (ii) any other reasonable sustainable sourcing guidelines, energy policies or environmental policies, including OCOG’s Impact & Sustainability Plan, communicated by OCOG until expiration or earlier termination of this Agreement. The City shall also reasonably cooperate with OCOG in reporting any data or other metrics related to its sustainability measures and the Games impact to OCOG for OCOG’s internal research , recordkeeping and public reporting purposes.
26.1.2 OCOG is committed to delivering an inclusive and socially responsible Games experience for all athletes, fans, partners, and the surrounding community. The OCOG prioritizes inclusion in the conduct of its business at all levels of its organization and also enforces a policy of zero-tolerance for harassment, discrimination, or racism. To that end, the City agrees to comply with all Applicable Laws prohibiting discrimination and harassment in the workplace and the conduct of its business and to engage in reasonable efforts to adopt similar policies of inclusion and human rights as those embraced by OCOG.
26.1.3 In its performance of this Agreement, the City shall not, and shall use its best efforts to cause its Representatives and Personnel not to, (a) discriminate or permit discrimination against any Person because of race, creed, color, religion, national origin, gend er, age, military status, sexual orientation, marital status or physical or mental disability; or (b) refuse to hire or promote, or discharge or demote, or discriminate in matters of compensation against any Person otherwise qualified, solely because of that Person’s race, creed, color, religion, national origin, gender, age, military status, sexual orientation, marital status or physical or mental disability.
Section 27. Postponement or Cancellation of the Games.
27.1. Postponement or Cancellation of the Games . Notwithstanding anything to the contrary herein, in the event the Games are rescheduled, postponed, cancelled, or relocated outside of the City of LA, or any venue in the City of Anaheim is removed from the OCOG’s Venue Plan due to a decision by OCOG, the IOC, the IPC, and the USOPC, OCOG shall provide prompt written notice thereof to the City. Upon the City’s receipt of such notice that the Games have been rescheduled or postponed to a new date occurring on or prior to December 31, 2029 (the “Adjusted Games Dates”), the Parties shall: (a) proportionat ely adjust the dates of performance and any other terms and
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conditions of this Agreement to align with the Adjusted Games Dates; and (b) engage in best efforts to mitigate any associated harm to OCOG, the City, the City of LA and the State of California, to the extent reasonably possible, including by taking reasonable corrective measures.
Notwithstanding the foregoing, in the event that the Adjusted Games Dates cover at least part of the former Games Period, the guarantee previously provided by the City for that part of the former Games Period shall nevertheless b e upheld by the City, unless otherwise excused in writing by OCOG. The Parties shall document all revised terms for the Adjusted Games Dates by way of written amendment to this Agreement pursuant to Section 3 6 (Amendment), and this Agreement, as amended, shall continue in full and force effect to apply to the Adjusted Games Dates. In the event that the Games are postponed until after January 1, 2030, cancelled in their entirety or relocated outside of the City of LA, OCOG shall provide prompt written notice thereof to the City, and this Agreement shall be terminated without penalty as of the date of notice, without further liability to either Party, except OCOG shall receive a refund of all monies paid in advance for any benefits not received due to such termination.
Section 28. Cooperation; Further Assurances. The Parties acknowledge that the success of the Games requires cooperation of the Parties at all times and that each Party shall use its best efforts to keep the other fully informed in a timely manner as to the progress of their plans and activities, any particular difficulties and issues encountered by them, any changes in plans and any other information that might affect the obligations of the other Party under this Agreement. Each Party agrees to, with reasonable diligence, do all such things, provide all such assurances and assistance and execute and deliver such other documents or instruments as may be reasonably required to give effect to the terms and purpose of this Agreement and to carry out its provisions.
Section 29. Authority of City. The City hereby represents, warrants and covenants to OCOG that, as of the Effective Date and at all times during the Term of this Agreement: (a) it has and will continue to have all necessary power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the execution of this Agreement by it and the performance by it of its obligations hereunder have been duly authorized by all necessary action; (c) any governmental or third party consents or approvals necessary for the due and valid execution, delivery and performance by the City of this Agreement have been obtained and are and will continue to be in full force and effect; (d) this Agreement has been duly executed and delivered by the City and is and will continue to be a valid and binding obligation of the City, enforceable against it in accordance with its terms , subject to bankruptcy and similar laws of general application relating to or affecting creditors’ rights and to general equity principles; and ( f) the execution, delivery and performance of this Agreement will not result in the breach of or default under (or with notice or passage of time would constitute a breach of or default under) any agreement, understanding or contract with any Person.
Section 30. Notices. All notices, requests, consents and demands shall be given to or made upon the Parties at their respective addresses set forth on Exhibit A (Notice Information), or at such other address as either Party may designate in writing delivered to the other Party in accordance with this Section 30 (Notices). Unless otherwise agreed in this Agreement, all notices, requests, consents and demands shall be given or made by personal delivery, by confirmed air courier, by electronic mail, or by cer tified first -class mail, return receipt requested, postage prepaid, to the Party addressed as aforesaid. If sent by confirmed air courier, such notice shall be deemed to be given upon the earlier to occur of (a) the date upon which it is actually received by the addressee and (b) the business day upon which delivery is made at such address as confirmed by the air courier (or if the date of such confirmed delivery is not a business day, the next succeeding business day). If mailed, such notice shall be deemed to be given upon the earlier to occur of (x) the date upon which it is actually received by the addressee and (y) the second business day following the date upon which it is deposited in a first-class postage-prepaid envelope in the United States mail addressed
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as aforesaid. If given by electronic mail, such notice shall be deemed to be given upon the date it is delivered to the addressee by electronic mail, regardless of whether any subsequent copy is sent or received.
Section 31. Relationship of Par ties. Each of OCOG and the City shall be solely responsible for its own duties and obligations under this Agreement and shall be deemed to be an independent contractor contracting at arms’ length with the other Party. Neither the City nor OCOG shall be deemed to have guaranteed performance by, or to be jointly liable, for the obligations of the other Party under this Agreement or otherwise (except as and to the extent expressly agreed by both Parties in a separate writing). Nothing contained i n this Agreement shall (a) be deemed to create any agency, partnership or other similar relationship between the Parties; and (b) authorize or permit either Party to represent or otherwise hold out itself or any of its Representatives to be an agent, employee or partner of the other Party.
31.1. No Obligations for Unrelated Parties. It is expressly understood and agreed by the City that:
31.1.1 None of the City of Los Angeles, the State of California, the IOC, the IPC, the USOPC, the USOPP or any of their respective Representatives, nor any Representative of OCOG (all of the foregoing, collectively, “ Unrelated Parties ”) shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with or arising out of this Agreement or any subsequent agreement between the Parties relating to the subject matter hereof;
31.1.2 Without limiting the foregoing, neither OCOG nor the City shall be deemed to be an agency, instrumentality, joint venture, or agent of any Unrelated Party; and
31.1.3 The City, for itself and its successors and assigns, hereby irrevocably waives and releases, and hereby agrees and covenants to refrain from bringing or causing to be brought, any claims, demands, action, suits or other proceedings, whether at law or in equity, or whether before a court, arbitration panel, agency board or other body, against any Unrelated Party on account of any and all rights, demands, damages, claims, actions, causes of action, duties or breaches of duty, known or unknown, existing, pending, accr ued or unaccrued (each, a “Cause of Action ”), that the City has, claims to have or may have against any Unrelated Party, to the extent any such Cause of Action arises from or relates to this Agreement.
31.1.4 The City acknowledges and agrees that it has no right of recovery of any kind against the USOPC, the USOPP, and the IOC or any of their Representative under this Agreement, and that the sole and exclusive recourse or remedy by the City for any Cause of Act ion under this Agreement shall be against the assets of OCOG only. The USOPC, the USOPP, and the IOC shall be a third- party beneficiary of this Section 31 with full rights of enforcement thereof.
31.1.5 The provisions of the Section 31.1 (No Obligations for Unrelated Parties) shall survive any expiration or earlier termination of this Agreement.
Section 32. Compliance with Laws. During the T erm of this Agreement, the City and OCOG shall each comply with, and shall each cause their respective Representatives to comply with, all applicable laws, including all federal, state, local and municipal laws, statutes, ordinances, orders, decrees, regulations, permits, guidance documents, pol icies and other requirements of Governmental Authorities, including but not limited to, Environmental Laws and any laws
Games Agreement, Page 20
regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees (collectively, “Applicable Laws”), in each case, to the extent relating to this Agreement.
The City and OCOG hereby agree to promptly disclose in writing to the other Party any information obtained by the City or OCOG , as applicable, relating to any actual, potential or alleged non- compliance by the City or OCOG, as applicable, or any of its Representatives, with any Applicable Law.
Section 33. Confidentiality. While recognizing that documents provided to the City are generally public documents subject to Public Records Act requests, OCOG may on its own initiative and its own expense seek recourse of the courts to prevent the release of documents or information that it deems confidential and not subject to public disclosure. Without limiting the foregoing, (i) the City shall not discuss the terms of this Agreement or the planned use of the City’s venues for the Games with any member of the media without the prior written consent of OCOG, and (ii) neither party shall issue any press release or make any other public statement concerning the t erms of this Agreement without the prior written consent of the other party; provided that nothing in this Section 33 (Confidentiality) shall be deemed to prevent OCOG from making any statement regarding its intended use of the City’s venues as part of the Games; and provided, further, that nothing in this Section 33 (Confidentiality) shall restrict the City in its capacity as a Governmental Authority, including in connection with any public hearings, meetings, testimony, written or oral reports necessary for the approval or administration of this Agreement , or for noncommercial public informational, health and/or safety purposes. The provisions of this Section 33 (Confidentiality) shall survive any termination of this Agreement for a period of five (5) years.
Section 34. Retention of Records and Inspection. The Parties shall maintain all records, including records of financial transactions, pertaining to the performance of this Agreement, in accordance with its City Retention Policies and practices.
Section 35. Assignment and Delegation. The City may not assign or in any manner transfer any of its rights or delegate any of its obligations under this Agreement without prior written notice to OCOG.
The City may delegate any of its obligations to any operator or manager of the City Services upon prior written notice to, and the prior approval of, OCOG; provided, no such delegation shall relieve the City of its obligations under this Agreement. OCOG may freely assign any of its rights and may delegate any of its obligations to any other assign ee of, or successor to, all or part of the business of OCOG, including the IOC and IPC upon completion of the Games. Subject to the limitation set forth in the first sentence of this Section 35 (Assignment and Delegation), this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.
Section 36. Amendment; Waiver. Subject to written approval by the IOC, the terms and provisions of this Games Agreement shall be binding upon the Parties and may not be amended, modified, or waived, except by an instrument in writing signed by each of the Parties. No action or inaction by either Party shall be deemed to constitute a waiver by such Party of any compliance by the other Party with any representation, warranty or covenant contained in this Agreement. Neither the waiver by any Party of a breach of or default under any of the provisions of this Agreement, nor the failure of any Party to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default or as a waiver of any other provisions, rights or privileges hereunder. No failure or delay on the part of any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof.
Section 37. Headings. The Section and Exhibit headings herein are for convenience and reference
Games Agreement, Page 21
only, and in no way define or limit the scope and content of this Agreement or in any way affect its provisions.
Section 38. Agreement. This Games Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto (including, for the avoidance of doubt, the Guarantees).
Section 39. Non-Recourse. No obligation of the OCOG or the City under this Games Agreement constitutes an obligation of, and no recourse, claims, actions, rights to sue, or other remedies shall be had against, any trustee, director, officer, employee, volunteer, agent, consultant, member, attorney, representative, or independent contractor of the OCOG or the City for any obligations arising out of this Games Agreement. No trustee, director, officer, employee, volunteer, agent, consultant, member, attorney, representative, or independent contractor of the OCOG or the City shall have any personal liability or obligation for any act or omission of the OCOG or the City, whether arising out of this Games Agreement or otherwise in connection with any of the transactions contemplated hereby or thereby or any other matter related to the 2028 Games.
Section 40. IOC Approval Required. This Agreement and terms hereof shall be subject to approval by the IOC (“IOC Approval”). The City acknowledges that OCOG shall seek IOC Approval. The City shall use its best efforts to cooperate with and support OCOG in obtaining IOC Approval.
Notwithstanding anything to the contrary in this Agreement, the City shall not be entitled to revoke or otherwise withdraw any of its offers or obligations under this Agreement prior to (or after) the receipt of IOC Approval, and this Agreement shall be fully binding on and enforceable against the City upon execution hereof. In the event IOC Approval is not obtained for any reason, OCOG shall have the right to terminate this Agreement in accordance with Section 25.1 (OCOG’s Termination Right) above.
Section 41. Primacy of the IOC Requirements. Notwithstanding anything to the contrary set forth in this Agreement, to the extent any term or provision of this Agreement conflicts, or is inconsistent, with any IOC Requirement, such IOC Requirement will govern and control. If any such conflict or inconsistency arises, OCOG will advise the City thereof and the City shall comply with such IOC Requirement. In accordance with the IOC Requirements, the City specifically agrees to abide by the terms of the additional IOC cov enants set forth on Exhibit D (Additional IOC Covenants). “IOC Requirement” means, collectively, the Olympic Charter and the Host City Contract, each as amended, supplemented or otherwise modified from time to time.
Section 42. Olympic Charter and Host City Contract. The City agrees to respect the Olympic Charter, attached as Exhibit E and that it will take all necessary measures when practical in order that the City of Los Angeles and the OCOG fulfill completely their obligations under the Host City Contract and other relevant agreements with the IOC.
Section 43. Severability. Upon execution by the Parties, each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by Applicable Law. If any term or provision of this Agreement, or the application thereof to any Person or circumstance, shall be held invalid or unenforceable to any extent in any jurisdiction, then, as to such jurisdiction, the remainder of this Agreement (including the application of such term or provision to Persons or circumstances other than those as to which such term or provision is held invalid or unenforceable in such jurisdiction) shall not be affected thereby. Any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any o ther jurisdiction.
To the extent permitted by Applicable Law, the Parties to this Agreement hereby waive any provision of any Applicable Law that renders any provision of this Agreement unenforceable in
Games Agreement, Page 22
any respect.
Section 44. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Any counterpart or other signature delivered by .pdf or other electronic transm ission (including DocuSign) shall be deemed for all purposes as being good and valid execution of this Agreement by the applicable Party.
Section 45. No Third Party Beneficiary. Except as expressly provided herein, no third party is intended to be, or shall be deemed to be, a beneficiary of any provision of this Games Agreement.
Section 46. Governing Law. This Agreement shall be construed in accordance with, and governed by the substantive laws of, the State of California, without reference to principles governing choice or conflicts of laws. This Agreement will be interpreted without reference to any law, rule, or custom construing this Agreement against the Party which drafted this Agreement.
Section 47. Time of the Essence. With respect to all dates and time periods in or referred to in this Agreement, time is of the essence.
Section 48. Cumulative Rights. Except as expressly set forth in this Agreement, the rights and remedies provided by this Agreement are cumulative and are in addition to any other rights the Parties may have by law, or otherwise, and the use of any one right or remedy by any Party shall not preclude or waive its right to use any or all other remedies.
Section 49. Right to Enforce Strictly; Specific Performance.
49.1. Right to Enforce Strictly. Notwithstanding any law, usage or custom to the contrary, the City and OCOG shall at all times have the right to enforce each of the provisions of this Agreement in strict accordance with its terms. If, at any time, the City or OCOG (as the case may be) fails to enforce, or otherwise elects not to enforce, any provision of this Agreement or any right or remedy of the City or OCOG (as the case may be) with respect thereto strictly in accordance with its terms, such failure or election shall not constitute, and shall not be construed as creating, any custom or course of dealing in any way or manner contrary to any provision of this Agreement or as having in any way or manner modified the same.
49.2. Specific Performance. It is acknowledged and agreed that OCOG will suffer immediate and irreparable harm in the event of a breach or attempted or threatened breach of this Agreement by the City of any of the City’s obligations hereunder and that OCOG will not have an adequate remedy at law. Accordingly, the City hereby acknowledges and agrees that OCOG shall, in addition to the remedies set forth herein and any other remedy available to OCOG at law or in equity, be entitled to temporary, preliminary and permanent injunctive relief and a decree for specific performance in the event of any such breach or threatened or attempted breach, without the necessity of showing any actual damage or irreparable harm or the posting of any bond or furnishing of any other security.
Section 50. Interpretation. References in this Games Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include,” “includes,” and “including” when used in this Games Agreement shall be deemed to be followed by the phrase, “without limitation.” Unless the context otherwise requires, references in this Games Agreement to Sections, Annexes, Exhibits,
Games Agreement, Page 23
and Schedules shall be deemed to be references to Sections of, and Annexes, Exhibits and Schedules to this Games Agreement. Unless the context otherwise requires, the words “hereof,” “hereby,” and “herein,” and words of similar meaning when used in this Ga mes Agreement refer to this Games Agreement in its entirety and not to any particular Section or provision of this Games Agreement.
[The remainder of this page has intentionally been left blank; signature pages and exhibits follow]
Games Agreement, Page 24
IN WITNESS WHEREOF, the Parties hereto have caused this Games Agreement to be executed by their duly authorized representatives and affixed as of the date of signature of the Parties:
THE CITY OF ANAHEIM
By: ___________________________
JIM VANDERPOOL
City Manager, City of Anaheim
Date: _________________________
APPROVED AS TO FORM: ATTEST:
ROBERT FABELA, CITY ATTORNEY THERESA BASS, CITY CLERK
By: ___________________________ By: _________________________
Date: _________________________ Date: ________________________
LOS ANGELES ORGANIZING COMMITTEE FOR THE OLYMPIC AND PARALYMPIC GAMES 2028
By: ___________________________
REYNOLD N. HOOVER
Chief Executive Officer
Date: _________________________
A-1
Games Agreement Exhibit A
Addresses for Notices
THE CITY OF ANAHEIM
City Manager
City of Anaheim
200 S. Anaheim Boulevard, 7th Floor
Anaheim, California 92805
City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
Convention Sports & Entertainment Department
City of Anaheim
800 W. Katella Ave.
Anaheim, California 92802
LOS ANGELES ORGANIZING COMMITTEE FOR THE OLYMPIC AND PARALYMPIC GAMES 2028
Reynold N. Hoover
Chief Executive Officer
1150 S. Olive Street
7 th Floor
Los Angeles, CA 90015
John Harper
Chief Operating Officer
1150 S. Olive Street
7th Floor
Los Angeles, CA 90015
Elisabeth Freinberg
Chief Legal Officer
1150 S. Olive Street
7th Floor
Los Angeles, CA 90015
B-1
Games Agreement Exhibit B
City Ad Space
To be completed by City.
Type Location Third Party Contract
(including Third Party Name, Contact
Information, and Contract Term)
C-1
Games Agreement Exhibit C
Dispute Resolution
1. Discussion Period
In the event any Dispute is not resolved in the ordinary course of business, the Parties agree that, before any Party initiates binding arbitration, the Parties shall first engage in a good faith attempt to resolve the Dispute through an informal dispute r esolution process set forth in this Section 1.
Any Party may provide written notice of the Dispute to the other Party describing in reasonable detail the nature of the Dispute (a “Dispute Notice”). Upon a Party’s receipt of a Dispute Notice, each Party shall appoint a Representative who shall have the authority to settle the Dispute. The Parties, through their Representatives, will then initiate good faith discussions to attempt to resolve the Dispute within forty-five (45) days of a Party’s receipt of the Dispute Notice. In the event the Dispute cannot be resolved through good faith discussions within such forty-five (45) day period, or such further time period agreed to by the Parties, either or both Parties shall have the right to initiate binding arbitration in accordance with Section 2 below.
2. Agreement to Arbitrate
The Parties hereby agree that if they, or their respective indemnitees, successors, assigns or legal representatives, as applicable, are unable to resolve any Dispute pursuant to Section 1 above, then such Dispute shall be resolved by final, binding arbitr ation conducted before a single, neutral arbitrator with the American Arbitration Association (“AAA”). The arbitration shall be conducted in accordance with the Agreement and the current rules of the AAA for Commercial Arbitration found at adr.org/Rules ( the “ AAA Rules ”), which are incorporated herein by reference. The arbitration shall be conducted in English. If the amount at issue in any Dispute does not exceed $10,000, the arbitration shall be conducted solely on the basis of documents submitted by the Parties to the arbitrator, unless either Party requests a hearing or the arbitrator determines a hearing is necessary. If the amount at issue in any Dispute exceeds $10,000, the Parties’ respective rights to a hearing shall be resolved through the AAA Rules. Either Party shall have the right to undertake direct and reasonable discovery in accordance with the AAA Rules and consistent with the expedited nature of arbitration.
3. Seat of the Arbitration and Governing Law
The seat of the arbitration shall be Los Angeles, California, unless otherwise agreed in writing by the Parties. The arbitrator shall be selected pursuant to the mutual agreement of the Parties, provided, if the Parties are unable to agree on an arbitrato r, the arbitrator shall be appointed in accordance with the AAA Rules. The arbitrator shall have the authority to grant motions dispositive of all or any part of any claims or counterclaims. The arbitrator shall decide the issues submitted as arbitrator at law only and shall base any award, including any interim awards, upon the terms of this Agreement and the laws of the State of California.
4. Awards and Relief
Any judgment or award rendered by the arbitrator shall be final and binding and enforceable in any court of competent jurisdiction. All awards shall be in writing and shall state the reasoning upon which such award rests. The arbitrator is hereby expressly empowered to grant any remedy or relief not expressly prohibited by this Agreement and available under Applicable Law, including, but not limited to, specific performance and injunctive relief. In its award, the arbitrator may award
C-2
reasonable attorneys’ fees and costs to the prevailing Party in the arbitration and otherwise apportion the costs of the arbitration between or among the arbitrating Parties in such a manner as it deems reasonable, taking into account the circumstances of the case, the conduct of such Parties during the proceedings and the result of the arbitration. Unless otherwise ordered by the arbitrator, each Party to the arbitration shall bear its own costs and expenses of the arbitration, and the fees and expenses of the arbitrator and of any expert or other assistance engaged by the arbitrator shall be borne by the Parties to the arbitration equally.
5. Confidentiality
The arbitrator and the American Arbitration Association shall treat all dispute resolution proceedings provided for herein, all related disclosures, and all decisions of the arbitrator as confidential, except (i) in connection with any judicial proceedings ancillary to the dispute resolution proceedings (such as a judicial challenge to, or enforcement of, the arbitral award), (ii) if and to the extent otherwise required by applicable law to protect any legal right of either Party, or (iii) if and to the extent otherwise agreed by the Parties.
6. Survival
The terms of this Exhibit C shall survive any expiration or earlier termination of this Agreement.
D-1
Games Agreement Exhibit D
Additional IOC Covenants
The City acknowledges, confirms and agrees that:
1. The City shall respect and abide by the terms of the Olympic Charter and the Host City Contract throughout the Term of this Agreement;
2. All representations, warranties and covenants made by the City in this Agreement shall become a part of OCOG’s and the City of LA’s bid documents, and, together with any other commitments made by it to the USOPC or to the IOC, either in writing or orally, shall be binding upon OCOG, the City of LA and the City;
3. The City shall take all the necessary measures to completely perform its obligations under this Agreement;
4. The City shall cooperate with, and to cause all of the City’s Representatives to cooperate with, OCOG, the IOC, and the IPC in their efforts to respect and promote the principles of equity, dignity and functionality of all persons with an impairment;
5. In connection with any public services, the City shall comply with, and shall cause all contractors, subcontractors and other service providers involved therewith, to acknowledge and agree to, the terms of Sections 21 (Risk Management) and 26.1 (Sustainability and Social Responsibility);
6. Without the express written consent of OCOG and the City of LA, the City shall neither schedule nor hold any other important national or international meeting or event at any site owned or controlled by it during the Games or for one (1) week immediately before or after the Games;
7. OCOG shall have no responsibility, obligation or liability for or under any existing contractual commitments in respect of the City (other than this Agreement), including in relation to ticketing, hospitality, retailing and concessions (including food and beverage products), use of third party products and/or services, as well as rights of sponsorship, broadcasting, advertising, Signage, branding and commercial display within the City.
E-1
Games Agreement Exhibit E
Olympic Charter
olympiC Charter – 2025In force as from
30 January 2025
Maison Olympique
CP 356
1007 Lausanne
Switzerland
T + 41 21 621 61 11
F + 41 21 621 62 16
www.olympics.com/ioc
Published by the International Olympic Committee.
January 2025. All rights reserved.
Printing by DidWeDo S.à r.l., Lausanne, Switzerland.
Printed in Switzerland.
© International Olympic Committee
Maison Olympique
CP 356
1007 Lausanne
Switzerland
T + 41 21 621 61 11
F + 41 21 621 62 16
www.olympics.com/ioc
Published by the International Olympic Committee.
January 2025. All rights reserved.
Printing by DidWeDo S.à r.l., Lausanne, Switzerland.
Printed in Switzerland.
© International Olympic Committee
Contents
Abbreviations used within the Olympic Movement 6
Introduction to the Olympic Charter 6
Preamble 7
Fundamental Principles of Olympism 8
1 The Olympic Movement 11
1 Composition and general organisation of the Olympic Movement 12 2 Mission and role of the IOC* 12
Bye-law to Rule 2 14
3 Recognition by the IOC 15
4 Olympic Congress* 16
Bye-law to Rule 4 16
5 Olympic Solidarity* 16
Bye-law to Rule 5 17
6 Olympic Games* 18
Bye-law to Rule 6 18
7 Rights over the Olympic Games and Olympic properties* 18 8 The Olympic symbol* 20
9 The Olympic flag* 20
10 The Olympic motto* 20
11 Olympic emblems* 21
12 The Olympic anthem* 21
13 The Olympic flame, Olympic torches* 21
14 Olympic designations* 21
Bye-law to Rules 7-14 22
Olympic Charter
1 2 The International Olympic Committee (IOC) 29
15 Legal status 30
16 Members* 30
Bye-law to Rule 16 36
17 Organisation 41
18 The Session* 41
Bye-law to Rule 18 43
19 The IOC Executive Board* 45
Bye-law to Rule 19 48
20 The President* 49
Bye-law to Rule 20 49
21 IOC commissions* 50
Bye-law to Rule 21 50
22 IOC Ethics Commission* 52
Bye-law to Rule 22 52
23 Languages 53
24 IOC resources 53
3 The International Federations (IFs) 55
25 Recognition of IFs 56
26 Mission and role of the IFs within the Olympic Movement 56 4 The National Olympic Committees (NOCs) 59
27 Mission and role of the NOCs* 60
28 Composition of the NOCs* 62
Bye-law to Rules 27 and 28 64
29 The national federations 67
30 Country and name of an NOC 68
31 Flag, emblem and anthem of an NOC 68
2 5 The Olympic Games 71
I Celebration, organisation and administration of the Olympic Games 72 32 Celebration of the Olympic Games* 72
Bye-law to Rule 32 72
33 Election of the host of the Olympic Games* 73
Bye-law to Rule 33 73
34 Location, sites and venues of the Olympic Games 75 35 Organising Committee* 75
Bye-law to Rule 35 75
36 Olympic Host Contract 76
37 Olympic Games Coordination Commission* 77
Bye-law to Rule 37 77
38 Olympic Village* 78
Bye-law to Rule 38 78
39 Cultural Programme 79
II Participation in the Olympic Games 79
40 Participation in the Olympic Games* 79
Bye-law to Rule 40 79
41 Nationality of competitors* 80
Bye-law to Rule 41 80
42 Age limit 81
43 World Anti-Doping Code and the Olympic Movement Code on the Prevention of Manipulation of Competitions 81
44 Invitations and entries* 82
Bye-law to Rule 44 82
III Programme of the Olympic Games 84
45 Programme of the Olympic Games* 84
Bye-law to Rule 45 85
Olympic Charter
3 46 Role of the IFs in relation to the Olympic Games* 88 Bye-law to Rule 46 89
47 Youth camp 92
48 Media coverage of the Olympic Games* 93
Bye-law to Rule 48 93
49 Publications relating to the Olympic Games* 93
Bye-law to Rule 49 94
50 Advertising, demonstrations, propaganda* 94
Bye-law to Rule 50 95
IV Protocol 97
51 Protocol 97
52 Olympic Identity and Accreditation Card – Rights attached thereto 97 53 Use of the Olympic flag 98
54 Use of the Olympic flame 98
55 Opening and closing ceremonies 99
56 Victory, medal and diploma ceremonies and the awarding of medals 100 57 Roll of honour 100
58 IOC – Authority of last resort 100
6 Measures and Sanctions, Disciplinary Procedures and Dispute Resolution 103
59 Measures and sanctions* 104
Bye-law to Rule 59 107
60 Challenging IOC decisions 108
61 Dispute resolution 108
* Indicates that there is a Bye-law to the Rules
4 The following provision of the previous edition of the Olympic Charter (in force as of 23 July 2024) was modified by the 143rd Session on 30 January 2025:
– Bye-law to Rule 45 (Programme of the Olympic Games*)
Olympic Charter
5 Abbreviations used within the Olympic Movement
IOC International Olympic Committee
OC Olympic Charter
R… Olympic Charter Rule…
BLR… Bye-law to Rule…
OCOG Organising Committee for the Olympic Games
IF International Federation
ASOIF Association of Summer Olympic International Federations AIOWF Association of the International Olympic Winter Sports Federations NOC National Olympic Committee
IPC International Paralympic Committee
ANOC Association of National Olympic Committees
ANOCA Association of National Olympic Committees of Africa OCA Olympic Council of Asia
PASO Pan-American Sports Organisation
ONOC Oceania National Olympic Committees
EOC The European Olympic Committees
CAS Court of Arbitration for Sport
WADA World Anti-Doping Agency
IOA International Olympic Academy
Introduction to the Olympic Charter
The Olympic Charter (OC) is the codification of the Fundamental Principles of Olympism, Rules and Bye-laws adopted by the International Olympic Committee (IOC).
It governs the organisation, action and operation of the Olympic Movement and sets forth the conditions for the celebration of the Olympic Games. In essence, the Olympic Charter serves three main purposes:
a The Olympic Charter, as a basic instrument of a constitutional nature, sets forth and recalls the Fundamental Principles and essential values of Olympism. 6 b The Olympic Charter also serves as statutes for the International Olympic Committee.
c In addition, the Olympic Charter defines the main reciprocal rights and obligations of the three main constituents of the Olympic Movement, namely the International Olympic Committee, the International Federations and the National Olympic Committees, as well as the Organising Committees for the Olympic Games, all of which are required to comply with the Olympic Charter.
Note
In the Olympic Charter, the masculine gender used in relation to any physical person (for example, names such as president, vice-president, chairman, member, leader, official, chef de mission, participant, competitor, athlete, judge, referee, member of a jury, attaché, candidate or personnel, or pronouns such as he, they or them) shall, unless there is a specific provision to the contrary, be understood as including the feminine gender.
Unless expressly provided otherwise in writing, for the purpose of the Olympic Charter, a year means a calendar year, beginning on 1 January and ending on 31 December.
Preamble
Modern Olympism was conceived by Pierre de Coubertin, on whose initiative the International Athletic Congress of Paris was held in June 1894. The International Olympic Committee (IOC) constituted itself on 23 June 1894. The first Olympic Games (Games of the Olympiad) of modern times were celebrated in Athens, Greece, in 1896.
In 1914, the Olympic flag presented by Pierre de Coubertin at the Paris Congress was adopted. It includes the five interlaced rings, which represent the union of the five continents and the meeting of athletes from throughout the world at the Olympic Games. The first Olympic Winter Games were celebrated in Chamonix, France, in 1924.
Olympic Charter
7 Fundamental Principles of Olympism
1 Olympism is a philosophy of life, exalting and combining in a balanced whole the qualities of body, will and mind. Blending sport with culture and education, Olympism seeks to create a way of life based on the joy of effort, the educational value of good example, social responsibility and respect for internationally recognised human rights and universal fundamental ethical principles within the remit of the Olympic Movement.
2 The goal of Olympism is to place sport at the service of the harmonious development of humankind, with a view to promoting a peaceful society concerned with the preservation of human dignity.
3 The Olympic Movement is the concerted, organised, universal and permanent action, carried out under the supreme authority of the IOC, of all individuals and entities who are inspired by the values of Olympism. It covers the five continents.
It reaches its peak with the bringing together of the world’s athletes at the great sports festival, the Olympic Games. Its symbol is five interlaced rings. 4 The practice of sport is a human right. Every individual must have access to the practice of sport, without discrimination of any kind in respect of internationally recognised human rights within the remit of the Olympic Movement. The Olympic spirit requires mutual understanding with a spirit of friendship, solidarity and fair play.
5 Recognising that sport occurs within the framework of society, sports organisations within the Olympic Movement shall apply political neutrality. They have the rights and obligations of autonomy, which include freely establishing and controlling the rules of sport, determining the structure and governance of their organisations, enjoying the right of elections free from any outside influence and the responsibility for ensuring that principles of good governance be applied. 8 6 The enjoyment of the rights and freedoms set forth in this Olympic Charter shall be secured without discrimination of any kind, such as race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status.
7 Belonging to the Olympic Movement requires compliance with the Olympic Charter and recognition by the IOC.
Olympic Charter
9 10
1 the olympiC
movement
Olympic Charter
11 1 Composition and general organisation of the Olympic Movement 1 Under the supreme authority and leadership of the International Olympic Committee, the Olympic Movement encompasses organisations, athletes and other persons who agree to be guided by the Olympic Charter. The goal of the Olympic Movement is to contribute to building a peaceful and better world by educating youth through sport practised in accordance with Olympism and its values.
2 The three main constituents of the Olympic Movement are the International Olympic Committee (“IOC”), the International Sports Federations (“IFs”) and the National Olympic Committees (“NOCs”).
3 In addition to its three main constituents, the Olympic Movement also encompasses the Organising Committees for the Olympic Games (“OCOGs”), the national associations, clubs and persons belonging to the IFs and NOCs, particularly the athletes, whose interests constitute a fundamental element of the Olympic Movement’s action, as well as the judges, referees, coaches and the other sports officials and technicians. It also includes other organisations and institutions as recognised by the IOC.
4 Any person or organisation belonging in any capacity whatsoever to the Olympic Movement is bound by the provisions of the Olympic Charter and shall abide by the decisions of the IOC.
2 Mission and role of the IOC*
The mission of the IOC is to promote Olympism throughout the world and to lead the Olympic Movement. The IOC’s role is:
12 1 The Olympic Movement
1 to encourage and support the promotion of ethics and good governance in sport as well as education of youth through sport and to dedicate its efforts to ensuring that, in sport, the spirit of fair play prevails and violence is banned; 2 to encourage and support the organisation, development and coordination of sport and sports competitions;
3 to ensure the regular celebration of the Olympic Games; 4 to cooperate with the competent public or private organisations and authorities in the endeavour to place sport at the service of humanity and thereby to promote peace;
5 to take action to strengthen the unity of the Olympic Movement, to protect its independence, to maintain and promote its political neutrality and to preserve the autonomy of sport;
6 to act against any form of discrimination affecting the Olympic Movement; 7 to encourage and support elected representatives of athletes within the Olympic Movement, with the IOC Athletes’ Commission acting as their supreme representative on all Olympic Games and related matters; 8 to encourage and support the promotion of women in sport at all levels and in all structures with a view to implementing the principle of equality of men and women;
9 to protect clean athletes and the integrity of sport, by leading the fight against doping, and by taking action against all forms of manipulation of competitions and related corruption;
10 to encourage and support measures relating to the medical care and health of athletes;
Olympic Charter
13 11 to oppose any political or commercial abuse of sport and athletes; 12 to encourage and support the efforts of sports organisations and public authorities to provide for the social and professional future of athletes; 13 to encourage and support the development of sport for all; 14 to encourage and support a responsible concern for environmental issues, to promote sustainable development in sport and to require that the Olympic Games are held accordingly;
15 to promote a positive legacy from the Olympic Games to the host cities, regions and countries;
16 to encourage and support initiatives blending sport with culture and education; 17 to encourage and support the activities of the International Olympic Academy (“IOA”) and other institutions which dedicate themselves to Olympic education; 18 to promote safe sport and the protection of athletes from all forms of harassment and abuse.
Bye-law to Rule 2
1 The IOC Executive Board may grant IOC patronage, upon such terms and conditions as it may consider appropriate, to international multisports competitions – regional, continental or worldwide – on condition that they take place in compliance with the Olympic Charter and are organised under the control of NOCs or associations recognised by the IOC, with the assistance of the IFs concerned and in conformity with their technical rules. 2 The IOC Executive Board may grant IOC patronage to other events, provided such events are in keeping with the goal of the Olympic Movement.
14 1 The Olympic Movement
3 Recognition by the IOC
1 The IOC may grant formal recognition to the constituents of the Olympic Movement. 2 The IOC may recognise as NOCs national sports organisations, the activities of which are linked to its mission and role. The IOC may also recognise associations of NOCs formed at continental or world level. All NOCs and associations of NOCs shall have, where possible, the status of legal persons. They must comply with the Olympic Charter. Their statutes are subject to the approval of the IOC. 3 The IOC may recognise IFs and associations of IFs.
4 The recognition of associations of IFs or NOCs does not in any way affect the right of each IF and of each NOC to deal directly with the IOC, and vice-versa. 5 The IOC may recognise non- governmental organisations connected with sport, operating on an international level, the statutes and activities of which are in conformity with the Olympic Charter.
6 In each case, the consequences of recognition are determined by the IOC Executive Board.
7 Recognition by the IOC may be provisional or full. Provisional recognition, or its withdrawal, is decided by the IOC Executive Board for a specific or an indefinite period. The IOC Executive Board may determine the conditions according to which provisional recognition may lapse. Full recognition, or its withdrawal, is decided by the Session. All details of recognition procedures are determined by the IOC Executive Board.
Olympic Charter
15 4 Olympic Congress*
The Olympic Congress gathers representatives of the constituents of the Olympic Movement, at intervals determined by the IOC; it is convened by the IOC President; its role is consultative.
Bye-law to Rule 4
1 The Olympic Congress is convened by the President, upon decision of the Session, and organised by the IOC at a place and on a date determined by the Session. The President shall preside and determine the procedure.
2 The Olympic Congress consists of the members, Honorary President, honorary members and honour members of the IOC, the delegates representing the IFs and the NOCs; it may also include representatives of organisations recognised by the IOC. In addition, the Olympic Congress is attended by athletes and personalities invited in their individual or representative capacity.
3 The IOC Executive Board determines the agenda of the Olympic Congress after consultation with the IFs and the NOCs.
5 Olympic Solidarity*
The aim of Olympic Solidarity is to provide assistance to NOCs for athlete development programmes, in particular those which have the greatest need of it. This assistance takes the form of programmes elaborated jointly by the IOC and the NOCs, with the technical assistance of the IFs, if necessary.
16 1 The Olympic Movement
Bye-law to Rule 5
The objectives of the programmes adopted by Olympic Solidarity are to contribute to:
1 promoting the Fundamental Principles of Olympism;
2 assisting the NOCs in the preparation of their athletes and teams for their participation in the Olympic Games;
3 developing the technical sports knowledge of athletes and coaches; 4 improving the technical level of athletes and coaches in cooperation with NOCs and IFs, including through scholarships;
5 training sports administrators;
6 collaborating with organisations and entities pursuing such objectives, particularly through Olympic education and the propagation of sport;
7 creating, where needed, simple, functional and economical sports facilities in cooperation with national or international bodies;
8 supporting the organisation of competitions at national, regional and continental level under the authority or patronage of the NOCs and to assist the NOCs in the organisation, preparation and participation of their delegations in regional and continental Games; 9 encouraging joint bilateral or multilateral cooperation programmes among NOCs; 10 urging governments and international organisations to include sport in Official Development Assistance;
11 supporting athletes who are refugees.
Such programmes are administered by the Olympic Solidarity Commission.
Olympic Charter
17 6 Olympic Games*
1 The Olympic Games are competitions between athletes in individual or team events and not between countries. They bring together the athletes selected by their respective NOCs, whose entries have been accepted by the IOC. They compete under the technical direction of the IFs concerned. 2 The Olympic Games consist of the Games of the Olympiad and the Olympic Winter Games. Only those sports which are practised on snow or ice are considered as winter sports.
Bye-law to Rule 6
1 An Olympiad is a period of four consecutive calendar years, beginning on 1 January of the first year and ending on 31 December of the fourth year. 2 The Olympiads are numbered consecutively from the first Games of the Olympiad celebrated in Athens in 1896.
3 The Olympic Winter Games are numbered in the order in which they are held. 7 Rights over the Olympic Games and Olympic properties* 1 As leader of the Olympic Movement, the IOC is responsible for enhancing the values of the Olympic Movement and for providing material support in the efforts to organise and disseminate the Olympic Games, and supporting the IFs, NOCs and athletes in their preparations for the Olympic Games. The IOC is the owner of all rights in and to the Olympic Games and Olympic properties described in this Rule, which rights have the potential to generate revenues for such purposes. It is in the best interests of the Olympic Movement and its constituents which benefit 18 1 The Olympic Movement
from such revenues that all such rights and Olympic properties be afforded the greatest possible protection by all concerned and that the use thereof be approved by the IOC.
2 The Olympic Games are the exclusive property of the IOC which owns all rights relating thereto, in particular, and without limitation, all rights relating to (i) the organisation, exploitation and marketing of the Olympic Games, (ii) authorising the capture of still and moving images of the Olympic Games for use by the media, (iii) registration of audio-visual recordings of the Olympic Games, and (iv) the broadcasting, transmission, retransmission, reproduction, display, dissemination, making available or otherwise communicating to the public, by any means now known or to be developed in the future, works or signals embodying audio-visual registrations or recordings of the Olympic Games.
3 The IOC shall determine the conditions of access to and the conditions of any use of data relating to the Olympic Games and to the competitions and sports performances of the Olympic Games.
4 The Olympic symbol, flag, motto, anthem, identifications (including but not limited to “Olympic Games” and “Games of the Olympiad”), designations, emblems, flame and torches, as defined in Rules 8-14 below, and any other musical works, audio- visual works or other creative works or artefacts commissioned in connection with the Olympic Games by the IOC, the NOCs and/or the OCOGs, may, for convenience, be collectively or individually referred to as “Olympic properties”.
All rights to the Olympic properties, as well as all rights to the use thereof, belong exclusively to the IOC, including but not limited to the use for any profit-making, commercial or advertising purposes. The IOC may license all or part of its rights on terms and conditions set forth by the IOC Executive Board.
Olympic Charter
19 8 The Olympic symbol*
The Olympic symbol consists of five interlaced rings of equal dimensions (the Olympic rings), used alone, in one or in five different colours. When used in its five-colour version, these colours shall be, from left to right, blue, yellow, black, green and red. The rings are interlaced from left to right; the blue, black and red rings are situated at the top, the yellow and green rings at the bottom in accordance with the following graphic reproduction. The Olympic symbol expresses the activity of the Olympic Movement and represents the union of the five continents and the meeting of athletes from throughout the world at the Olympic Games.
9 The Olympic flag*
The Olympic flag has a white background, with no border. The Olympic symbol in its five colours is located in its centre.
10 The Olympic motto*
The Olympic motto “Faster, Higher, Stronger – Together” expresses the aspirations of the Olympic Movement. It is the adaptation of the original motto in Latin that now translates as “Citius, Altius, Fortius – Communiter”.
20 1 The Olympic Movement
11 Olympic emblems*
An Olympic emblem is an integrated design associating the Olympic rings with another distinctive element.
12 The Olympic anthem*
The Olympic anthem is the musical work entitled “Olympic anthem”, composed by Spiro Samara.
13 The Olympic flame, Olympic torches*
1 The Olympic flame is the flame which is kindled in Olympia under the authority of the IOC.
2 An Olympic torch is a portable torch, or a replica thereof, as approved by the IOC and intended for combustion of the Olympic flame.
14 Olympic designations*
An Olympic designation is any visual or audio representation of any association, connection or other link with the Olympic Games, the Olympic Movement, or any constituent thereof.
Olympic Charter
21 Bye-law to Rules 7-14
1 Legal protection:
1.1 The IOC may take all appropriate steps to obtain the legal protection for itself, on both a national and international basis, of the rights over the Olympic Games and over any Olympic property.
1.2 Each NOC is responsible to the IOC for the observance, in its country, of Rules 7-14 and BLR 7-14. It shall take steps to prohibit any use of any Olympic properties which would be contrary to such Rules or their Bye-laws. It shall also endeavour to obtain, for the benefit of the IOC, protection of the Olympic properties of the IOC.
1.3 Where a national law or a trademark registration or other form of legal instrument grants legal protection to an NOC for the Olympic symbol or any other Olympic property, such NOC may only use the ensuing rights in compliance with the Olympic Charter and with instructions received from the IOC.
1.4 An NOC may at any time call upon the IOC for its assistance in obtaining legal protection for any Olympic property and for the settlement of any dispute which may arise with third parties in such matters.
1.5 The IOC may at any time call upon an NOC for its assistance in obtaining legal protection for any Olympic property and for the settlement of any dispute which may arise with third parties in such matters.
2 Use of Olympic properties by the IOC or by third parties authorised or licensed by the IOC:
2.1 The IOC may create one or several Olympic emblems which it may use at its discretion.
2.2 The Olympic symbol, the Olympic emblems and any other Olympic properties of the IOC may be exploited by the IOC, or by a person authorised by it, in the country of an NOC, provided that the following conditions are respectively fulfilled:
22 1 The Olympic Movement
2.2.1 For all sponsorship and suppliership agreements and for all marketing initiatives other than those referred to in paragraph 2.2.2 below, such exploitation shall not cause serious damage to the interests of the NOC concerned, and the decision shall be taken by the IOC in consultation with such NOC, which shall receive part of the net proceeds deriving from such exploitation.
2.2.2 For all licensing agreements, the NOC shall receive half of all net income from such exploitation, after deduction of all taxes and out-of-pocket costs relating thereto. The NOC will be informed in advance of any such exploitation.
2.3 The IOC, in its sole discretion, may authorise the broadcasters of the Olympic Games to use the Olympic symbol, the Olympic emblems of the IOC or other Olympic properties of the IOC and the OCOGs to promote the broadcasts of the Olympic Games.
The provisions of paragraphs 2.2.1 and 2.2.2 of this Bye-law do not apply in respect of any such authorisation.
3 Use of the Olympic symbol, flag, motto and anthem:
3.1 Subject to paragraph 2.2 of this Bye-law, the IOC may use the Olympic symbol, flag, motto and anthem at its discretion.
3.2 The NOCs may only use the Olympic symbol, flag, motto and anthem within the framework of their non-profit-making activities, provided such use contributes to the development of the Olympic Movement and does not detract from its dignity, and provided the NOCs concerned have obtained the prior approval of the IOC Executive Board.
4 Creation and use of an Olympic emblem by an NOC or an OCOG:
4.1 An Olympic emblem may be created by an NOC or an OCOG subject to the approval of the IOC.
Olympic Charter
23 4.2 The IOC may approve the design of an Olympic emblem provided that it considers that such emblem is distinct from other Olympic emblems.
4.3 The area covered by the Olympic symbol contained in an Olympic emblem shall not exceed one third of the total area of such emblem. The Olympic symbol contained in an Olympic emblem must appear in its entirety and must not be altered in any way.
4.4 In addition to the foregoing, the Olympic emblem of an NOC must fulfil the following conditions:
4.4.1 The emblem must be designed in such a way that it is clearly identified as being connected with the country of the NOC concerned.
4.4.2 The distinctive element of the emblem cannot be limited to the sole name – or abbreviation of such name – of the country of the NOC concerned.
4.4.3 The distinctive element of the emblem must not make reference to the Olympic Games or to a specific date or event so as to be limited in time.
4.4.4 The distinctive element of the emblem must not contain mottoes, designations or other generic expressions which give the impression of being universal or international in nature.
4.5 In addition to the provisions contained in paragraphs 4.1, 4.2 and 4.3 above, the Olympic emblem of an OCOG must fulfil the following conditions:
4.5.1 The emblem must be designed in such a way that it is clearly identifiable as being connected with the Olympic Games organised by the OCOG concerned.
4.5.2 The distinctive element of the emblem cannot be limited to the sole name – or abbreviation of such name – of the country of the OCOG concerned. 24 1 The Olympic Movement
4.5.3 The distinctive element of the emblem must not contain mottoes, designations or other generic expressions which give the impression of being universal or international in nature.
4.6 Any Olympic emblem which has been approved by the IOC before the foregoing provisions come into effect shall remain valid.
4.7 Whenever and wherever possible, the Olympic emblem of an NOC must be susceptible of registration, i.e. of legal protection, by the NOC in its country. The NOC must carry out such registration within six months of such emblem’s approval by the IOC and provide the IOC with proof of registration. IOC approval of Olympic emblems may be withdrawn unless the NOCs concerned take all possible steps to protect their Olympic emblems and inform the IOC of such protection. Similarly, the OCOGs must protect their Olympic emblems in accordance with the instructions of the IOC. Any protection obtained by the NOCs and the OCOGs cannot be invoked against the IOC.
4.8 The use of an Olympic emblem for any advertising, commercial or profit-making purposes whatsoever must be in accordance with the conditions laid down in paragraphs 4.9 and 4.10 below.
4.9 Any NOC or OCOG wishing to use its Olympic emblem for any advertising, commercial or profit-making purposes whatsoever, either directly or through third parties, must comply with this Bye-law and ensure its observance by such third parties.
4.10 All contracts or arrangements, including those concluded by an OCOG, shall be signed or approved by the NOC concerned and shall be governed by the following principles:
4.10.1 The use of an NOC Olympic emblem shall only be valid within the country of the said NOC; such emblem, as well as any other symbols, emblems, marks or designations of an NOC which refer to Olympism, may not be used for any advertising, commercial or profit-making purposes whatsoever in the country of another NOC without the latter’s prior written approval.
Olympic Charter
25 4.10.2 Similarly, the Olympic emblem of an OCOG as well as any other symbols, emblems, marks or designations of an OCOG which refer to Olympism, may not be used for any advertising, commercial or profit-making purposes whatsoever in the country of an NOC without the prior written approval of such NOC.
4.10.3 In all cases, the period of validity of any contract concluded by an OCOG must not extend beyond 31 December of the year of the Olympic Games concerned.
4.10.4 The use of an Olympic emblem must contribute to the development of the Olympic Movement and must not detract from its dignity; any association whatsoever between an Olympic emblem and products or services is prohibited if such association is incompatible with the Fundamental Principles of Olympism or the role of the IOC as set out in the Olympic Charter.
4.10.5 Upon request by the IOC, any NOC or OCOG shall provide a copy of any contract to which it is a party.
5 Philately:
The IOC encourages, in collaboration with the NOCs of the countries concerned, the use of the Olympic symbol on postage stamps issued in liaison with the IOC by the competent national authorities, subject to the conditions set forth by the IOC. 6 Works commissioned in connection with the Olympic Games:
The OCOG and the NOC of the country of the host shall ensure that the procedure for designating the IOC as the owner of intellectual property rights in any musical works, audio-visual works or other creative works or artefacts commissioned in connection with the Olympic Games occurs to the satisfaction of the IOC.
26 1 The Olympic Movement
Olympic Charter
27 28
2 the International
olympiC
Committee (IoC)
Olympic Charter
29 15 Legal status
1 The IOC is an international non-governmental not-for-profit organisation, of unlimited duration, in the form of an association with the status of a legal person, recognised by the Swiss Federal Council in accordance with an agreement entered into on 1 November 2000.
2 Its seat is in Lausanne (Switzerland), the Olympic capital. 3 The object of the IOC is to fulfil the mission, role and responsibilities as assigned to it by the Olympic Charter.
4 In order to fulfil its mission and carry out its role, the IOC may establish, acquire or otherwise control other legal entities such as foundations or corporations. 16 Members*
1 Composition of the IOC – Eligibility, recruitment, election, admittance and status of IOC members:
1.1 IOC members are natural persons. The total number of IOC members may not exceed 115, subject to BLR 16. The IOC is composed of:
1.1.1 a majority of members, the total number of which may not exceed 70, whose memberships are not linked to any specific function or office, including up to seven members without any nationality or NOC requirement, who may be elected in special cases; except for the seven members referred to above, BLR 16.2.2.5 shall be applicable and there may be no more than one such member national of any given country, as defined in and subject to BLR 16;
30 2 The International Olympic Committee (IOC)
1.1.2 active athletes, as defined in BLR 16.2.2.2, the total number of whom may not exceed 15;
1.1.3 Presidents or persons holding an executive or senior leadership position within IFs, associations of IFs or other organisations recognised by the IOC, the total number of whom may not exceed 15;
1.1.4 Presidents or persons holding an executive or senior leadership position within NOCs, or world or continental associations of NOCs, the total number of whom may not exceed 15; there may be no more than one such member national of any given country within the IOC.
1.2 The IOC recruits and elects its members from among such eligible persons as it considers qualified, in accordance with BLR 16.
1.3 The IOC admits its new members at a ceremony during which they agree to fulfil their obligations by taking the following oath:
Honoured to be chosen as a member of the International Olympic Committee, I fully accept all the responsibilities that this office brings:
I promise to serve the Olympic Movement to the best of my ability.
I will respect the Olympic Charter and accept the decisions of the IOC.
I will always act independently of commercial and political interests as well as of any racial or religious consideration.
I will fully comply with the IOC Code of Ethics.
I promise to fight against all forms of discrimination and dedicate myself in all circumstances to promote the interests of the International Olympic Committee and Olympic Movement.
Olympic Charter
31 1.4 Members of the IOC represent and promote the interests of the IOC and of the Olympic Movement in their countries and in the organisations of the Olympic Movement in which they serve.
1.5 Members of the IOC will not accept from governments, organisations, or other parties, any mandate or instructions liable to interfere with the freedom of their action and vote.
1.6 IOC members are not personally liable for the debts or obligations of the IOC.
1.7 Subject to Rule 16.3, each member of the IOC is elected for a term of eight years and may be re-elected for one or several further terms. The procedure for re-election is established by the IOC Executive Board. 2 Obligations:
Each IOC member has the following obligations:
2.1 to comply with the Olympic Charter, the Code of Ethics and other regulations of the IOC;
2.2 to participate in Sessions;
2.3 to participate in the work of the IOC commissions to which the member has been appointed;
2.4 to contribute to the development and promotion of the Olympic Movement;
2.5 to monitor, in the member’s country and in the organisation of the Olympic Movement in which the member serves, the implementation of the IOC’s programmes;
32 2 The International Olympic Committee (IOC)
2.6 to inform the President, upon his request, of the development and promotion of the Olympic Movement and its needs in the member’s country and in the organisation of the Olympic Movement in which the member serves;
2.7 to inform the President, without delay, of all events liable to hinder the application of the Olympic Charter or to otherwise adversely affect the Olympic Movement in his country or in the organisation of the Olympic Movement in which he serves;
2.8 to perform other tasks assigned to the member by the President. 3 Cessation of membership:
The membership of IOC members ceases in the following circumstances:
3.1 Resignation:
Any IOC member may cease his membership at any time by delivering his written resignation to the President. Before recognising such resignation, the IOC Executive Board may ask to hear the resigning member.
3.2 Non re-election:
Any IOC member ceases to be a member without further formality if he is not re-elected in accordance with Rule 16.1.7, BLR 16.2.5 and, as the case may be, BLR 16.2.6.2.
3.3 Age limit:
3.3.1 Any IOC member ceases to be a member at the end of the calendar year during which he reaches the age of 70, subject to Rule 16.3.3.2 and BLR 16.2.6.1.
Olympic Charter
33 3.3.2 Extension of age limit:
3.3.2.1 The Session may, on the proposal of the IOC Executive Board, extend the age limit for any IOC member who is not subject to the transitional provisions set forth in BLR 16.2.6.1.
3.3.2.2 There may be no more than ten such IOC members for whom the age limit is extended at any time.
3.3.2.3 Any extension will be for up to a maximum of four years.
3.3.2.4 The vote of the Session will be taken in a secret ballot, by a majority of the votes cast.
3.4 Failure to attend Sessions or take active part in IOC work:
Any IOC member shall cease to be a member without any further declaration on his part if, subject to force majeure, such member fails to attend Sessions or to take any active part in the work of the IOC for two consecutive years. In such cases, the cessation of membership will be established by decision of the Session upon the proposal of the IOC Executive Board.
3.5 Transfer of domicile or of main centre of interests:
Any IOC member as defined in Rule 16.1.1.1 shall cease to be a member if he has transferred his domicile or main centre of interests to a country other than the country that was his at the time of his election.
In such case, the cessation of membership will be established by decision of the Session upon the proposal of the IOC Executive Board, which shall take into consideration all relevant individual circumstances. 34 2 The International Olympic Committee (IOC)
3.6 Members elected as active athletes:
Any IOC member as defined in Rule 16.1.1.2 above ceases to be a member upon ceasing to be a member of the IOC Athletes’ Commission.
3.7 Presidents and persons holding an executive or senior leadership position within NOCs, world or continental associations of NOCs, IFs or associations of IFs or other organisations recognised by the IOC:
Any IOC member as defined in Rule 16.1.1.3 or Rule 16.1.1.4 ceases to be a member upon ceasing to exercise the function he was exercising at the time of his election.
3.8 Expulsion:
3.8.1 An IOC member may be expelled by decision of the Session if such member has betrayed his oath or if the Session considers that such member has neglected or knowingly jeopardised the interests of the IOC or acted in a way which is unworthy of the IOC.
3.8.2 The decision to expel an IOC member is taken by the Session upon the proposal of the IOC Executive Board. Such decision requires a majority of two-thirds of the votes cast. The member concerned has the right to be heard; such right includes the right to be acquainted with the charges and the right to appear personally or to submit a defence in writing.
3.8.3 Until the Session decides on an expulsion proposal, the IOC Executive Board may provisionally suspend the member concerned and deprive such member of all or part of the rights, prerogatives and functions deriving from his membership.
3.8.4 A member expelled from the IOC may not be a member of an NOC, an association of NOCs or an OCOG.
Olympic Charter
35 4 Honorary President – Honorary Members – Honour Members:
4.1 Upon the proposal of the IOC Executive Board, the Session may elect as Honorary President an IOC member who has rendered exceptional services as President of the IOC. The Honorary President has the right to offer his advice.
4.2 Any IOC member who retires after serving the IOC for at least ten years and having rendered exceptional services to it may, upon the proposal of the IOC Executive Board, be elected by the Session as an honorary member of the IOC.
4.3 Upon the proposal of the IOC Executive Board, the Session may elect as honour members eminent personalities from outside the IOC who have rendered particularly outstanding services to it.
4.4 The Honorary President, honorary members and honour members are elected for life. They do not have the right to vote, nor are they eligible for any IOC office. The provisions of Rules 16.1.1 – 1.5, 16.1.7, 16.2, 16.3 and BLR 16.1 and
16.2 do not apply to them. Their status may be withdrawn by decision of the Session.
Bye-law to Rule 16
1 Eligibility:
Any natural person aged 18 or over is eligible for IOC membership, provided that:
1.1 such person’s candidature is submitted in accordance with paragraph 2.1 below;
1.2 such person fulfils the conditions laid down in paragraph 2.2 below; 36 2 The International Olympic Committee (IOC)
1.3 such candidature has been examined and reported upon by the Members Election Commission;
1.4 such person’s election is proposed to the Session by the IOC Executive Board. 2 Procedure for electing IOC members:
2.1 Submission of candidatures for election to IOC membership:
The following persons and organisations are entitled to submit candidatures for election to IOC membership: IOC members, IFs, associations of IFs, NOCs, world or continental associations of NOCs and other organisations recognised by the IOC.
2.2 Admissibility of candidates:
To be admissible, all candidatures must be submitted in writing to the President and fulfil the following conditions:
2.2.1 Any person or organisation submitting a candidature for election to IOC membership must clearly indicate, for each candidature, whether the candidate is being proposed as an active athlete pursuant to paragraph 2.2.2 below, or whether the candidature is linked to a function which the candidate exercises within one of the organisations cited in paragraphs 2.2.3 or 2.2.4 below, or whether the candidature concerns an independent individual in accordance with paragraph 2.2.5 below.
2.2.2 If the candidate is proposed as an active athlete in the meaning of Rule 16.1.1.2, such candidate must have been elected or appointed to the IOC Athletes’ Commission not later than the edition of the Games of the Olympiad or the Olympic Winter Games following the Olympic Games in which such candidate last participated.
Olympic Charter
37 2.2.3 If the candidature is linked to a function within an IF or association of IFs, or an organisation recognised by the IOC pursuant to Rule 3.5, the candidate must hold the office of president thereof or be a person holding within it an executive or senior leadership position.
2.2.4 If the candidature is linked to a function within an NOC or world or continental association of NOCs, the candidate must hold the office of president thereof or be a person holding within it an executive or senior leadership position.
2.2.5 Any other candidature proposal must concern an independent individual who is a national of a country in which such person has his domicile or main centre of interests and in which there is an NOC.
2.3 The IOC Members Election Commission:
2.3.1 Subject to the direction of the IOC Executive Board, the IOC Members Election Commission is charged with preparing profiles and proposing candidates in order to achieve a diverse and balanced membership of the IOC. To this end, the IOC Members Election Commission is to examine and evaluate all candidatures for election to IOC membership in accordance with BLR 21.3 and, for each candidature, provide a written report to the IOC Executive Board within the deadline set to that effect by the IOC President.
2.3.2 The IOC Members Election Commission gathers all useful information on the candidates, including career and sports activities; the Commission may ask the candidate to provide references from personalities from whom it may obtain information, and source information and advice from other personalities and organisations; the Commission may also invite a candidate for an interview.
2.3.3 The IOC Members Election Commission verifies the eligibility, origin and admissibility of each candidature and, if necessary, the candidate’s status as an active athlete or the function to which the candidature is linked. 38 2 The International Olympic Committee (IOC)
2.3.4 In evaluating candidatures linked to a function within an IF or NOC, the IOC Members Election Commission shall also take into consideration whether a candidate’s respective IF or NOC has an athletes’ commission which is compliant with the applicable regulations of the IOC, and that such IF or NOC is compliant with the Olympic Charter, the World Anti-Doping Code and the Olympic Movement Code on the Prevention of the Manipulation of Competitions.
2.3.5 The IOC Members Election Commission must include at least one representative of the IOC Ethics Commission and one representative of the IOC Athletes’ Commission.
2.4 Procedure before the IOC Executive Board:
2.4.1 The IOC Executive Board alone is competent to propose a candidature to the Session. When deciding to propose a candidature, the IOC Executive Board submits to the Session, no later than one month before its opening, a written proposal to which is attached the report by the Members Election Commission.
The IOC Executive Board may hear a candidate. It may propose several candidatures for the election of a single member.
2.4.2 The procedure for examining candidatures proposed as active athletes pursuant to paragraphs 2.2.1 and 2.2.2 above may be accelerated and the deadlines provided in paragraph 2.4.1 above waived inasmuch as is necessary to allow the prompt election, as IOC members, of active athletes newly elected to the IOC Athletes’ Commission.
2.5 Procedure before the Session:
2.5.1 The Session alone is competent to elect any IOC member.
2.5.2 The Chair of the Members Election Commission has the right to communicate to the Session the opinion of the said Commission.
Olympic Charter
39 2.5.3 All candidatures for election to IOC membership proposed by the IOC Executive Board are submitted to a vote by the Session; votes are taken by secret ballot; decisions are taken by a majority of the votes cast.
2.6 Transitional provisions:
The established rights of IOC members whose election took effect before the date of the closing of the 110th Session (11 December 1999) are maintained as follows:
2.6.1 Any IOC member whose election took effect before the date of the closing of the 110th Session (11 December 1999) must retire by the end of the calendar year during which he reaches the age of 80, unless he was elected before 1966. If a member reaches this age limit during his term as President, Vice-President or IOC Executive Board member, the retirement will take effect at the end of the next Session.
2.6.2 The limitation to one member national of any given country, as set forth in Rule
16.1.1.1, last sentence, does not apply to IOC members whose election took effect before the date of the closing of the 110th Session (11 December 1999). 3 Register of members:
The IOC Executive Board keeps an up-to-date register of all the IOC members, Honorary President, honorary members and honour members. Those suspended, if any, are listed separately. The register specifies the origin of each member’s candidature and indicates whether the member’s candidature was submitted as an active athlete, or linked to another function, or submitted as an independent individual.
4 Honorary President – Honorary Members – Honour Members:
4.1 The Honorary President is invited to attend the Olympic Games, Olympic Congresses, Sessions and meetings of the IOC Executive Board, where a place is reserved for him beside the President. He has the right to offer his advice. 40 2 The International Olympic Committee (IOC)
4.2 Honorary members are invited to attend the Olympic Games, Olympic Congresses and Sessions, where a place is reserved for each of them; they offer their advice when requested by the President.
4.3 Honour members are invited to attend the Olympic Games and Olympic Congresses, where a place is reserved for each of them. The President may also invite them to attend other IOC meetings or events.
17 Organisation
The powers of the IOC are exercised by its organs, namely:
1 the Session,
2 the IOC Executive Board,
3 the President.
18 The Session*
1 The Session is the general meeting of the members of the IOC. It is the IOC’s supreme organ. Its decisions are final. An ordinary Session is held once a year.
Extraordinary Sessions may be convened by the President or upon the written request of at least one third of the members.
2 The powers of the Session are the following:
2.1 to adopt or amend the Olympic Charter;
2.2 to elect the members of the IOC, the Honorary President, honorary members and honour members;
Olympic Charter
41 2.3 to elect the President, the Vice-Presidents and all other members of the IOC Executive Board;
2.4 to elect the host of the Olympic Games;
2.5 to elect the city in which an ordinary Session is held, the President having the authority to determine the city in which an extraordinary Session is held;
2.6 to approve the annual report and financial statements of the IOC;
2.7 to appoint the independent auditor of the IOC;
2.8 to decide on the awarding or withdrawal by the IOC of full recognition to or from NOCs, associations of NOCs, IFs, associations of IFs and other organisations;
2.9 to expel IOC members and to withdraw the status of Honorary President, honorary members and honour members;
2.10 to adopt or amend the Athletes’ Rights and Responsibilities Declaration upon recommendation of the Athletes’ Commission and to promote respect for this Declaration within the Olympic Movement;
2.11 to resolve and decide upon all other matters assigned to it by law or by the Olympic Charter.
3 The quorum required for a Session is half the total membership of the IOC with voting rights plus one. Decisions of the Session are taken by a majority of the votes cast; however, a majority of two-thirds of the votes cast is required for any modification of the Fundamental Principles of Olympism, of the Rules of the Olympic Charter, or if elsewhere provided in the Olympic Charter. 42 2 The International Olympic Committee (IOC)
4 Each member has one vote. Abstentions and blank or spoiled votes are not taken into consideration in the calculation of the required majority. Voting by proxy is not allowed. Voting is held by secret ballot when so required by the Olympic Charter, or if the Chairman so decides or upon the request of at least a quarter of the members present. In the event of a tie, the Chairman shall decide. 5 The provisions of Rules 18.3 and 18.4 are applicable to elections, whether of persons or of hosts of the Olympic Games. However, when there are or remain only two candidates, the candidate obtaining the greater number of votes is declared elected.
6 The Session may delegate powers to the IOC Executive Board.
Bye-law to Rule 18
1 The IOC Executive Board is responsible for the organisation and preparation of all Sessions, including all financial matters relating thereto.
2 Notice of the dates of an ordinary Session shall be given to all IOC members at least six months before the Session’s opening. The Session is formally convened by order of the President, at least thirty days before it is held, if it is an ordinary Session, and at least ten days if it is an extraordinary Session, together with an agenda which must state the business to be dealt with at the meeting.
3 The President, or, in his absence or incapacity, the attending Vice-President who is senior in such office or, in the latter’s absence or incapacity, the attending IOC Executive Board member who is senior in such office, chairs the Session. 4 Any decision of the Session, including decisions on amendments to the Olympic Charter, comes into effect immediately, unless otherwise decided by the Session. A matter which is not listed on the agenda of a Session may be discussed if one third of the members so request or if the Chairman authorises it.
Olympic Charter
43 5 An IOC member must refrain from taking part in a vote in the following circumstances:
5.1 when the vote concerns an Olympic Games host election in which a city or any other public authority in the country of which he is a national is a candidate;
5.2 when the vote concerns the selection of a venue for a Session, an Olympic Congress or any other meeting or event for which a city or any other public authority of the country of which he is a national is a candidate;
5.3 when the vote concerns the election to membership of the IOC of a candidate who is a national of the same country as the member;
5.4 when the vote concerns the election, to any office on the IOC Executive Board, or to any other office, of a candidate who is a national of the same country as the member;
5.5 when the vote concerns any other matter relating to the country of which he is a national or the NOC of that country.
In case of doubt, the Chairman shall decide whether or not the member concerned may take part in a vote.
6 The President establishes the regulations for all elections except for the election of the President, for which the regulations are established by the IOC Executive Board. 7 Any matter of procedure concerning Sessions and votes, which are not covered by the Olympic Charter, are determined by the President.
8 The Session may hold meetings and take decisions via teleconference, videoconference or any other appropriate electronic means.
9 A resolution or decision may be submitted to a vote by correspondence, including by electronic mail or any other appropriate electronic means, of the members of the IOC by the President or the IOC Executive Board. The required majorities set forth in the Olympic Charter apply to these resolutions and decisions.
44 2 The International Olympic Committee (IOC)
10 Minutes of all meetings and other proceedings of the Session are established under the authority of the President.
19 The IOC Executive Board*
1 Composition:
The IOC Executive Board consists of the President, four Vice-Presidents and ten other members. The choice of its members will reflect the composition of the Session. At each election, the Session shall see to it that the above-mentioned principle is respected.
2 Elections, terms of offices, renewals and vacancies:
2.1 All members of the IOC Executive Board are elected by the Session, in a secret ballot, by a majority of the votes cast.
2.2 The duration of the terms of office of the Vice-Presidents and of the ten other members of the IOC Executive Board is four years. A member may serve for a maximum of two successive terms on the IOC Executive Board, regardless of the capacity in which he has been elected.
2.3 In the case of a member having completed two successive terms of office pursuant to Rule 19.2.2 above, he may be elected again as a member of the IOC Executive Board after a minimum period of two years. This does not apply to the election for the office of President, for which there is no waiting period.
2.4 In case of vacancy of any office other than the President’s, the following Session elects a member to such office for a term of four years.
Olympic Charter
45 2.5 All members of the IOC Executive Board begin their terms of office and renewals at the end of the Session which elected them. Their terms of office cease at the end of the ordinary Session held during the year in which they expire.
2.6 For purposes of this Rule, a year means the period between two successive ordinary Sessions.
3 Powers, responsibilities and duties:
The IOC Executive Board assumes the general overall responsibility for the administration of the IOC and the management of its affairs. In particular, it performs the following duties:
3.1 it monitors the observance of the Olympic Charter;
3.2 it approves all internal governance regulations relating to its organisation;
3.3 it establishes an annual report and the financial statements of the IOC in accordance with International Financial Reporting Standards and Swiss law, which it submits to the Session for approval together with the report of the auditor;
3.4 it submits a report to the Session on any proposed change of Rule or Bye-law;
3.5 it submits to the Session the names of the persons whom it recommends for election to the IOC;
3.6 it establishes and supervises the procedure for accepting and selecting candidatures to organise the Olympic Games;
3.7 it establishes the agenda for the Sessions;
46 2 The International Olympic Committee (IOC)
3.8 upon the proposal of the President, it appoints – or dismisses – the Director General. The President decides on his compensation and may take sanctions;
3.9 it provides for the safe keeping of all minutes, financial statements and other records of the IOC in compliance with the law, including minutes of all Sessions, IOC Executive Board and other commission or working group meetings;
3.10 it takes all decisions, and issues regulations of the IOC, which are legally binding, in the form it deems most appropriate, such as, for instance, codes, rulings, norms, guidelines, guides, manuals, instructions, requirements and other decisions, including, in particular, but not limited to, all regulations necessary to ensure the proper implementation of the Olympic Charter and the organisation of the Olympic Games;
3.11 it organises periodic meetings with the IFs and with the NOCs at least once every two years. Such meetings are chaired by the IOC President, who determines the procedure and the agenda after consultation with the relevant bodies;
3.12 it creates and confers the honorary distinctions of the IOC;
3.13 it exercises all powers and performs all duties not attributed by law or by the Olympic Charter to the Session or to the President.
4 Delegation of powers:
The IOC Executive Board may delegate powers to one or more of its members, to IOC commissions, to members of the IOC administration, to other entities or to third persons.
Olympic Charter
47 Bye-law to Rule 19
1 The President is responsible for the organisation and preparation of all IOC Executive Board meetings. He may delegate all or part of his powers to that effect to the Director General. 2 The IOC Executive Board meets when convened by the President or at the request of the majority of its members at least ten days before the meeting is held. The notice must state the business to be dealt with at the meeting.
3 The President, or, in his absence or incapacity, the attending Vice-President who is senior in such office or, in the latter’s absence or incapacity, the attending IOC Executive Board member who is senior in such office, chairs the IOC Executive Board meetings. 4 The quorum required for an IOC Executive Board meeting is eight. 5 Decisions of the IOC Executive Board are taken by a majority of the votes cast. 6 Each member has one vote. Abstentions and blank or spoiled votes are not taken into consideration in the calculation of the required majority. Voting by proxy is not allowed.
Voting is held by secret ballot if so required by the Olympic Charter, or if the Chairman so decides or upon the request of at least a quarter of the members present. In the event of a tie, the Chairman of the meeting shall decide.
7 An IOC Executive Board member must refrain from taking part in a vote in the circumstances enumerated in BLR 18.5.
In case of doubt, the Chairman shall decide whether or not the member concerned may take part in a vote.
8 Any matter of procedure concerning IOC Executive Board meetings which is not covered by the Olympic Charter is determined by the President.
9 The IOC Executive Board may hold meetings and take decisions via teleconference, videoconference or any other appropriate electronic means. 48 2 The International Olympic Committee (IOC)
10 A resolution or decision may be submitted to a vote by correspondence, including by electronic mail or any other appropriate electronic means, of the members of the IOC Executive Board by the President.
11 Minutes of all meetings and other proceedings are established under the authority of the President.
20 The President*
1 The Session elects, by secret ballot, a President from among its members for a term of eight years renewable once for four years.
2 The President represents the IOC and presides over all its activities. 3 The President may take any action or decision on behalf of the IOC when circumstances prevent it from being taken by the Session or the IOC Executive Board. Such action or decision must be submitted promptly for ratification by the competent organ.
4 If the President is unable to fulfil the duties of his office, the Vice-President who is senior in such office replaces him until the President has recovered his ability or, if he is in a condition of permanent disability, until a new President is elected at the next Session. This new President is elected for a term of eight years renewable once for four years.
Bye-law to Rule 20
Candidatures for the election of the President are declared three months before the date of the opening of the Session at which the election is due to take place. However, such deadline may be modified by decision of the IOC Executive Board if, in its opinion, the circumstances justify such modification.
Olympic Charter
49 21 IOC commissions*
IOC commissions may be created for the purpose of advising the Session, the IOC Executive Board or the President as the case may be. The President establishes permanent or other standing or ad hoc commissions and working groups whenever it appears necessary. Except where expressly provided otherwise in the Olympic Charter or in specific regulations established by the IOC Executive Board, the President establishes their terms of reference, designates all their members and decides their dissolution once he considers that they have fulfilled their mandates. No meeting of any commission or working group may be held without the prior agreement of the President except where expressly provided otherwise in the Olympic Charter or in specific regulations established by the IOC Executive Board. The President is a member ex officio of all commissions and working groups and shall have precedence whenever he attends one of their meetings.
Bye-law to Rule 21
1 The IOC Athletes’ Commission:
An IOC Athletes’ Commission shall be constituted, the majority of whose members shall be athletes elected by athletes participating in the Olympic Games. The election shall be held on the occasion of the Games of the Olympiad and the Olympic Winter Games in accordance with regulations adopted by the IOC Executive Board, in consultation with the Athletes’ Commission, and communicated to the IFs and NOCs not later than one year prior to the Olympic Games at which such election is to be held.
All regulations and procedures of the IOC Athletes’ Commission shall be adopted by the IOC Executive Board after consulting the IOC Athletes’ Commission. 2 The IOC Ethics Commission:
By exception to Rule 21 and BLR 21.8, the IOC Ethics Commission is constituted and governed in accordance with Rule 22 and BLR 22.
50 2 The International Olympic Committee (IOC)
3 The IOC Members Election Commission:
In order to examine all candidatures for election to IOC membership, an IOC Members Election Commission shall be established in accordance with BLR 16.2.3.
All regulations and procedures of the IOC Members Election Commission shall be adopted by the IOC Executive Board after consulting the IOC Members Election Commission. 4 The Olympic Solidarity Commission:
The Olympic Solidarity Commission is established in order to perform the tasks attributed to it in Rule 5 and BLR 5.
5 The Future Host Commissions:
The President sets up one Future Host Commission for the Games of the Olympiad and one Future Host Commission for the Olympic Winter Games in accordance with BLR 33.2. 6 The Olympic Games Coordination Commissions:
In order to assist in improving the organisation of the Olympic Games and the cooperation between the IOC, OCOGs, IFs and NOCs, the President sets up Coordination Commissions in accordance with Rule 37 and BLR 37.
7 The IOC Medical and Scientific Commission:
7.1 The President establishes a Medical and Scientific Commission, the terms of reference of which shall include the following duties:
7.1.1 to implement the World Anti-Doping Code and all other IOC Anti-Doping Rules, in particular upon the occasion of the Olympic Games;
7.1.2 to elaborate guidelines relating to the medical care and health of the athletes.
Olympic Charter
51 7.2 Members of the Medical and Scientific Commission shall not act in any medical capacity whatsoever for the delegation of an NOC at the Olympic Games nor participate in the discussions relating to non-compliance with the World Anti-Doping Code by members of their respective NOC’s delegations.
8 Procedure:
Each IOC commission is chaired by an IOC member. IOC commissions may hold meetings and take decisions via teleconference, videoconference or any other appropriate electronic means.
22 IOC Ethics Commission*
The IOC Ethics Commission is charged with defining and updating a framework of ethical principles, including a Code of Ethics, based upon the values and principles enshrined in the Olympic Charter of which the said Code forms an integral part. In addition, it investigates complaints raised in relation to the non-respect of such ethical principles, including breaches of the Code of Ethics and, if necessary, proposes sanctions to the IOC Executive Board.
The Chair and the members of the IOC Ethics Commission are elected by the Session, in a secret ballot, by a majority of the votes cast.
Bye-law to Rule 22
1 The composition and organisation of the IOC Ethics Commission are provided for in its statutes.
2 Any modification of the Code of Ethics, the statutes of the IOC Ethics Commission and any other regulation and implementing provisions emanating from the IOC Ethics Commission is submitted for the approval of the IOC Executive Board. 52 2 The International Olympic Committee (IOC)
23 Languages
1 The official languages of the IOC are French and English. 2 At all Sessions, simultaneous interpretation must be provided into French and English. Other languages may be provided at the Session. 3 In the case of divergence between the French and English texts of the Olympic Charter and any other IOC document, the French text shall prevail unless expressly provided otherwise in writing.
24 IOC resources
1 The IOC may accept gifts, bequests and donations and seek all other resources enabling it to fulfil its tasks and strengthen its support to athletes. It collects revenues from the exploitation of any of its rights, including but not limited to television rights, sponsorships, licences and Olympic properties as well as from the celebration of the Olympic Games.
2 The IOC supports athletes on and off the field of play, principally through its funding to NOCs, IFs, and OCOGs.
Olympic Charter
53 54
3 the International
Federations (IFss)
Olympic Charter
55 25 Recognition of IFs
In order to develop and promote the Olympic Movement, the IOC may recognise as IFs international non-governmental organisations governing one or several sports at the world level, which extends by reference to those organisations recognised by the IFs as governing such sports at the national level.
The statutes, practice and activities of the IFs within the Olympic Movement must be in conformity with the Olympic Charter, including the adoption and implementation of the World Anti-Doping Code as well as the Olympic Movement Code on the Prevention of Manipulation of Competitions. Subject to the foregoing, each IF maintains its independence and autonomy in the governance of its sport. 26 Mission and role of the IFs within the Olympic Movement 1 The mission and role of the IFs within the Olympic Movement are:
1.1 to establish and enforce, in accordance with the Olympic spirit, the rules concerning the practice of their respective sports and to ensure their application;
1.2 to ensure the development of their sports throughout the world;
1.3 to contribute to the achievement of the goals set out in the Olympic Charter, in particular by way of the spread of Olympism and Olympic education;
1.4 to support the IOC in the review of candidatures for organising the Olympic Games for their respective sports;
1.5 to assume the responsibility for the control and direction of their sports at the Olympic Games;
56 3 The International Federations (IFs)
1.6 for other international multisport competitions held under the patronage of the IOC, IFs can assume or delegate responsibility for the control and direction of their sports;
1.7 to provide technical assistance in the practical implementation of the Olympic Solidarity programmes;
1.8 to encourage and support measures relating to the medical care and health of athletes.
2 In addition, the IFs have the right to:
2.1 formulate proposals addressed to the IOC concerning the Olympic Charter and the Olympic Movement;
2.2 collaborate in the preparation of Olympic Congresses;
2.3 participate, on request from the IOC, in the activities of the IOC commissions.
Olympic Charter
57 58
4 the national olympiC
Committees (noCss)
Olympic Charter
59 27 Mission and role of the NOCs*
1 The mission of the NOCs is to develop, promote and protect the Olympic Movement in their respective countries, in accordance with the Olympic Charter. 2 The NOCs’ role is:
2.1 to promote the fundamental principles and values of Olympism in their countries, in particular, in the fields of sport and education, by promoting Olympic educational programmes at all levels of schools, sports and physical education institutions and universities, as well as by encouraging the creation of institutions dedicated to Olympic education, such as National Olympic Academies, Olympic Museums and other programmes, including cultural, related to the Olympic Movement;
2.2 to ensure the observance of the Olympic Charter in their countries;
2.3 to encourage the development of high performance sport as well as sport for all;
2.4 to help in the training of sports administrators by organising courses and ensuring that such courses contribute to the propagation of the Fundamental Principles of Olympism;
2.5 to take action against any form of discrimination and violence in sport;
2.6 to adopt and implement the World Anti-Doping Code;
2.7 to implement the Olympic Movement Code on the Prevention of the Manipulation of Competitions;
2.8 to encourage and support measures relating to the medical care and health of athletes.
60 4 The National Olympic Committees (NOCs)
3 The NOCs have the exclusive authority for the representation of their respective countries at the Olympic Games and at the regional, continental or world multi- sports competitions patronised by the IOC. In addition, each NOC is obliged to participate in the Games of the Olympiad by sending athletes. 4 The NOCs have the exclusive authority to select and designate the interested hosts which may apply to organise Olympic Games in their respective countries. 5 In order to fulfil their mission, the NOCs may cooperate with governmental bodies, with which they shall achieve harmonious relations. However, they shall not associate themselves with any activity which would be in contradiction with the Olympic Charter. The NOCs may also cooperate with non-governmental bodies. 6 The NOCs must preserve their autonomy and resist all pressures of any kind, including but not limited to political, legal, religious or economic pressures which may prevent them from complying with the Olympic Charter. 7 NOCs have the right to:
7.1 designate, identify or refer to themselves as “National Olympic Committees” (“NOCs”), which designation or identification shall be included or referred to in their name;
7.2 send competitors, team officials and other team personnel to the Olympic Games in compliance with the Olympic Charter;
7.3 benefit from the assistance of Olympic Solidarity;
7.4 use certain Olympic properties as authorised by the IOC and in compliance with Rules 7-14 and BLR 7-14;
7.5 take part in activities led or patronised by the IOC, including regional Games;
7.6 belong to associations of NOCs recognised by the IOC; Olympic Charter
61 7.7 formulate proposals to the IOC concerning the Olympic Charter and the Olympic Movement, including the organisation of the Olympic Games;
7.8 give their opinions concerning the candidatures for the organisation of the Olympic Games;
7.9 participate, on request from the IOC, in the activities of the IOC commissions;
7.10 collaborate in the preparation of Olympic Congresses;
7.11 exercise other rights as granted to them by the Olympic Charter or by the IOC. 8 The IOC helps the NOCs fulfil their mission through its various departments and Olympic Solidarity.
9 Apart from the measures and sanctions provided in the case of infringement of the Olympic Charter, the IOC Executive Board may take any appropriate decisions for the protection of the Olympic Movement in the country of an NOC, including suspension of or withdrawal of recognition from such NOC if the constitution, law or other regulations in force in the country concerned, or any act by any governmental or other body causes the activity of the NOC or the making or expression of its will to be hampered. The IOC Executive Board shall offer such NOC an opportunity to be heard before any such decision is taken. 28 Composition of the NOCs*
1 Whatever their composition, NOCs must include:
1.1 all IOC members in their country, if any. Such members have the right to vote in the general assemblies of the NOC. In addition, the IOC members in the country referred to in Rule 16.1.1.1 and Rule 16.1.1.2 are ex officio members of the NOC executive body, within which they have the right to vote; 62 4 The National Olympic Committees (NOCs)
1.2 all national federations affiliated to the IFs governing sports included in the programme of the Olympic Games or their representatives;
1.3 elected representatives of athletes within their general assemblies and executive body. Those representatives must be elected by the athletes’ commission of the NOC, which must be established by the NOC in accordance with the guidelines issued by the IOC Executive Board. Those representatives, or at least one of them, must have participated in the Olympic Games and, in this case, must retire from their posts at the latest by the end of the third Olympiad after the last Olympic Games in which they took part. Upon request by an NOC, the IOC Executive Board may grant an exemption to the requirement that such representatives must have taken part in the Olympic Games.
2 The NOCs may include as members:
2.1 national federations affiliated to IFs recognised by the IOC, the sports of which are not included in the programme of the Olympic Games;
2.2 multisports groups and other sports-oriented organisations or their representatives, as well as nationals of the country liable to reinforce the effectiveness of the NOC or who have rendered distinguished services to the cause of sport and Olympism.
3 The voting majority of an NOC and of its executive body shall consist of the votes cast by the national federations referred to in paragraph 1.2 above or their representatives. When dealing with questions relating to the Olympic Games, only the votes cast by such federations and by the members of the executive body of the NOC are taken into consideration. Subject to the approval of the IOC Executive Board, an NOC may also include in its voting majority as well as in the votes taken into consideration on questions relating to the Olympic Games, the votes cast by the IOC members referred to in paragraph 1.1 above and by the elected representatives of athletes referred to in paragraph 1.3 above.
Olympic Charter
63 4 Governments or other public authorities shall not designate any members of an NOC. However, an NOC may decide, at its discretion, to elect as members representatives of such authorities.
5 The area of jurisdiction of an NOC must coincide with the limits of the country in which it is established and has its headquarters.
Bye-law to Rules 27 and 28
1 NOC recognition procedure:
1.1 A national sports organisation applying for recognition as an NOC shall file an application with the IOC demonstrating that the applicant fulfils all conditions prescribed by the Olympic Charter, in particular in Rule 28 and BLR 27 and 28.
1.2 Proof must be adduced that the national federations which are members of the NOC exercise a specific and real ongoing sports activity in their country and internationally, in particular by organising and participating in competitions and implementing training programmes for athletes. An NOC shall not recognise more than one national federation for each sport governed by an IF. Such national federations or the representatives chosen by them must constitute the voting majority of the NOC and of its executive organ. At least five national federations included in an NOC must be affiliated to the IFs governing sports included in the programme of the Olympic Games.
1.3 The approval of an applicant’s statutes by the IOC Executive Board is a condition for recognition. The same condition applies to any subsequent change or amendment to the statutes of an NOC. Such statutes shall, at all times, comply with the Olympic Charter to which they must refer expressly. If there is any doubt as to the signification or interpretation of the statutes of an NOC, or if there is a contradiction between such statutes and the Olympic Charter, the latter takes precedence. 64 4 The National Olympic Committees (NOCs)
1.4 Each NOC shall hold a General Assembly of its members at least once a year, in accordance with the NOC’s statutes. NOCs shall, in particular, include on the agenda of their General Assemblies the presentation of annual reports and audited financial statements and, as the case may be, the election of officers and members of the executive body.
1.5 The officers and members of the executive body of an NOC shall be elected in accordance with the NOC’s statutes, for a term of office not exceeding four years; they may be eligible for re-election.
1.6 The members of an NOC, except for professional sports administrators, shall not accept any compensation or bonus of any kind in consideration for their services or for the performance of their duties. They may be reimbursed for their travelling, accommodation and other justified expenses incurred in the carrying out of their functions.
1.7 The withdrawal or lapse of recognition of an NOC entails its forfeiture of all rights conferred upon it by the Olympic Charter or the IOC.
2 NOCs’ tasks:
The NOCs perform the following tasks:
2.1 They constitute, organise and lead their respective delegations at the Olympic Games and at the regional, continental or world multisports competitions patronised by the IOC. They decide upon the entry of athletes proposed by their respective national federations. Such selection shall be based not only on the sports performance of an athlete, but also on his ability to serve as an example to the sporting youth of his country. The NOCs must ensure that the entries proposed by the national federations comply in all respects with the provisions of the Olympic Charter.
Olympic Charter
65 2.2 They provide for the equipment, transport and accommodation of the members of their delegations. They contract for the latter’s benefit adequate insurance covering the risks of death, disability, illness, medical and pharmaceutical expenses and third-party liability. They are responsible for the behaviour of the members of their delegations.
2.3 They have the sole and exclusive authority to prescribe and determine the clothing and uniforms to be worn, and the equipment to be used, by the members of their delegations on the occasion of the Olympic Games and in connection with all sports competitions and ceremonies related thereto.
This exclusive authority does not extend to specialised equipment used by athletes of their delegations during the actual sports competitions. For the purposes of this rule, specialised equipment shall be limited to such equipment acknowledged by the NOC concerned as having a material effect on the performance of athletes, due to the specialised characteristics of the equipment. Any publicity in respect of any such specialised equipment must be submitted to the NOC concerned for approval if there is any reference, express or implied, to the Olympic Games.
2.4 They assist the IOC in respect to the protection of Olympic properties in their respective territories.
3 Recommendations:
It is recommended that NOCs:
3.1 regularly organise – if possible each year – an Olympic Day or Week intended to promote the Olympic Movement;
3.2 include in their activities the promotion of culture and arts in the fields of sport and Olympism;
3.3 participate in the programmes of Olympic Solidarity; 66 4 The National Olympic Committees (NOCs)
3.4 seek sources of financing in a manner compatible with the fundamental principles of Olympism.
4 Liaison between NOCs and OCOG – Chefs de Mission:
During the Olympic Games, the competitors, team officials and other team personnel of each NOC are placed under the responsibility of a chef de mission appointed by his NOC and whose task, in addition to any other functions assigned to him by his NOC, is to liaise with the IOC, the IFs and the OCOG.
5 Chefs de mission:
During the period of the Olympic Games, the chef de mission resides in the Olympic Village and has access to all medical, training and competition facilities, as well as to the media centres and the Olympic Family hotels.
6 Attachés:
Each NOC may appoint an attaché in order to facilitate cooperation with the OCOG. The attaché acts as an intermediary between the OCOG and his NOC, in order to assist in solving practical problems such as travel and accommodation. During the period of the Olympic Games, the attaché must be accredited as a member of his NOC delegation. 29 The national federations
To be recognised by an NOC and accepted as a member of such NOC, a national federation must exercise a specific, real and on-going sports activity, be affiliated to an IF recognised by the IOC and be governed by and comply in all aspects with both the Olympic Charter and the rules of its IF.
Olympic Charter
67 30 Country and name of an NOC
1 In the Olympic Charter, the expression “country” means an independent State recognised by the international community.
2 The name of an NOC must reflect the territorial extent and tradition of its country and shall be subject to the approval of the IOC Executive Board. 31 Flag, emblem and anthem of an NOC
The flag, the emblem and the anthem adopted by an NOC for use in relation to its activities, including the Olympic Games, shall be subject to the approval of the IOC Executive Board.
68 4 The National Olympic Committees (NOCs)
Olympic Charter
69 70
5 the olympiC Games
Olympic Charter
71 I CELEBRATION, ORGANISATION AND
ADMINISTRATION OF THE OL YMPIC GAMES
32 Celebration of the Olympic Games*
1 The Games of the Olympiad are celebrated during the first year of an Olympiad, and the Olympic Winter Games during its third year.
2 The honour and responsibility of hosting the Olympic Games are entrusted by the IOC, in principle, to a city, which is elected as the host of the Olympic Games.
Where deemed appropriate, the IOC may elect several cities, or other entities, such as regions, states or countries, as host of the Olympic Games. 3 The dates of the Olympic Games are determined by the IOC Executive Board. 4 Any surplus by a host, an OCOG or the NOC of the country of a host as a result of the celebration of the Olympic Games shall be applied to the development of the Olympic Movement and of sport and the legacy of the Olympic Games as determined by the IOC Executive Board in consultation with the host, the OCOG and the NOC of the country of the host.
Bye-law to Rule 32
The duration of the competitions of the Olympic Games shall not exceed sixteen days unless otherwise approved by the relevant IF and the IOC Executive Board, in which case some competitions and preliminaries may be organised prior to the Opening Ceremony. 72 5 The Olympic Games
33 Election of the host of the Olympic Games*
1 The election of any host of the Olympic Games is the prerogative of the Session. 2 The IOC Executive Board determines the procedure to be followed until the election by the Session takes place.
3 The national government of the country of any candidature must submit to the IOC a legally binding instrument by which the said government undertakes and guarantees that the country and its public authorities will comply with and respect the Olympic Charter.
4 The election of the host of the Olympic Games takes place in a country having no candidature for the organisation of the Olympic Games concerned.
Bye-law to Rule 33
1 Candidature Procedure to host Olympic Games:
1.1 Any candidature to host the Olympic Games requires the approval of the NOC of the country concerned.
1.2 Should there be several potential candidatures in the same country for the same Olympic Games, only one candidature may apply, as decided by the NOC of the country concerned.
1.3 The NOC of the country concerned shall supervise and be jointly responsible for the candidature-related actions and conduct of the public authorities of its country and other parties involved in the candidature to host the Olympic Games.
1.4 As part of the procedure referred to in Rule 33.2, the IOC Executive Board will determine the framework for each Games edition, the timing of the election of the host Olympic Charter
73 of the Olympic Games, as well as the rules to be followed by the NOC of the country concerned, its public authorities and other parties involved in the candidature. The IOC Executive Board shall further determine the guarantees and other commitments to be provided in support of a candidature to ensure that the organisation, financing and staging of the Olympic Games respect the Olympic Charter and any other requirements and conditions of the IOC as well as the technical norms of the IFs for their respective sports.
2 Future Host Commissions:
2.1 The President appoints two Future Host Commissions to explore, create and oversee interest in future Olympic Games following an edition-based approach: one for Games of the Olympiad and the other for Olympic Winter Games.
2.2 The Future Host Commissions shall each include IOC members who are not members of the IOC Executive Board, as well as representatives of the IFs, NOCs, IOC Athletes’ Commission and International Paralympic Committee (“IPC”). No member of a Future Host Commission shall be a national of a country of an interested host.
2.3 All regulations and procedures of the Future Host Commissions shall be adopted by the IOC Executive Board and shall enable the commission members to fulfil their mission in a flexible, proactive and contextualised manner, taking into account geographic, strategic, technological, economic and societal developments and opportunities. These may include the framework and timing of elections by the Session of any candidature of a particular edition of the Olympic Games.
2.4 The Future Host Commissions shall report to the IOC Executive Board on all those interested in hosting the Olympic Games.
2.5 The IOC Executive Board shall study the reports and any recommendations of the Future Host Commissions and, if endorsed, submit a report and recommendations of any interested host or hosts to be submitted to the vote by the Session for election, not later than one month before the opening date of the Session to elect the host of the particular edition of the Olympic Games. In its recommendations, the IOC Executive 74 5 The Olympic Games
Board shall include its assessment of the opportunities and risks of each interested host, as well as of sustainability and legacy.
3 Election of the host of the Olympic Games:
The election of the host takes place after the Session has considered the report and any recommendations and assessment mentioned in BLR 33.2.5. 34 Location, sites and venues of the Olympic Games
In the determination of the location, sites and venues of the Olympic Games, priority must be given to the use of existing or temporary venues and infrastructures.
The construction of new permanent venues or infrastructure for the purposes of the organisation of the Olympic Games shall only be considered on the basis of sustainable legacy plans.
35 Organising Committee*
The host of the Olympic Games shall be responsible for the establishment of an Organising Committee (“OCOG”), for the purpose of the organisation of the Games and in accordance with the provisions of the Olympic Host Contract referred to in Rule 36.
Bye-law to Rule 35
1 The OCOG shall have the status of a legal person in its country.
Olympic Charter
75 2 The executive body of the OCOG shall include, for each host:
– the IOC member or members in the country referred to in Rule 16.1.1.1; – the President and Secretary General of the NOC;
– at least one member representing, and designated by, the host.
The executive body of the OCOG may also include representatives of the public authorities and other leading figures.
3 From the time of its constitution to the end of its liquidation, the OCOG shall conduct all its activities in accordance with the Olympic Charter, with the agreement entered into between the IOC, the NOC and the host and with any other regulations or instructions of the IOC Executive Board.
36 Olympic Host Contract
1 Immediately upon the election of the host, the IOC enters into an agreement with the elected host and the NOC of the country concerned. Upon its establishment, the OCOG shall adhere to and become a party to this agreement which shall be commonly referred to as the Olympic Host Contract. Other entities such as local, regional, state or national authorities or NOCs of other countries may also become parties to the Olympic Host Contract, if deemed appropriate by the IOC Executive Board.
2 The Olympic Host Contract shall determine the responsibilities of the NOC, the OCOG and the host concerning the organisation, financing and staging of the Olympic Games as well as the contribution of the IOC to the success of the Olympic Games. The IOC shall have no financial responsibility in respect of the organisation, financing and staging of the Olympic Games other than the contribution determined in the Olympic Host Contract, unless otherwise agreed in writing.
76 5 The Olympic Games
37 Olympic Games Coordination Commission*
In order to improve the organisation of the Olympic Games and cooperation amongst the IOC, the OCOG, the IFs and the NOCs, the President shall establish an Olympic Games Coordination Commission (“Coordination Commission”). The Coordination Commission shall include representatives of the IOC, the IFs, the NOCs and the athletes. The Chair of the Coordination Commission manages and implements the working relationship between such parties.
Bye-law to Rule 37
1 Coordination Commission’s mandate:
1.1 to monitor the progress of, and provide guidance to, the OCOG, with respect to the planning, organisation, staging and financing of the Olympic Games, including in relation to collaborating with the relevant public authorities;
1.2 to conduct on-site inspections of competition, training and other facilities;
1.3 to report to the IOC Executive Board on the status of the preparation of the Olympic Games, particularly with regard to progress, challenges and risks;
1.4 to establish, subject to approval of the IOC Executive Board, specialised working groups which will deal with specific areas of the organisation of the Olympic Games;
1.5 after the Olympic Games, to produce a report relating to the organisation of the Olympic Games for the IOC Executive Board; and
1.6 to exercise any additional authority or carry out any other instructions conferred upon it by the IOC Executive Board.
Olympic Charter
77 2 In the case of any matter which the Coordination Commission determines that it is unable to resolve, or in respect of which any party refuses to act in accordance with its decision, it shall forthwith report such matter and the full circumstances thereof to the IOC Executive Board, which shall make the final decision.
3 At the Olympic Games, the duties of the Coordination Commission shall be assumed by the IOC Executive Board. The Chairman of the Coordination Commission attends the daily coordination meetings with the OCOG.
38 Olympic Village*
With the objective of bringing together all competitors, team officials and other team personnel in one place, the OCOG shall provide an Olympic Village for a period determined by the IOC Executive Board.
Bye-law to Rule 38
1 The Olympic Village shall meet all requirements as established by the IOC Executive Board. 2 The quotas for team officials and other team personnel accommodated in the Olympic Village shall be established by the IOC Executive Board. 3 The OCOG shall bear all expenses for board and lodging of competitors, team officials and other team personnel in the Olympic Village and other accommodations as required above, as well as their local transport expenses.
78 5 The Olympic Games
39 Cultural Programme
The OCOG shall organise a programme of cultural events which must cover at least the entire period during which the Olympic Village is open. Such programme shall be submitted to the IOC Executive Board for its prior approval.
II PARTICIPATION IN THE OL YMPIC GAMES
40 Participation in the Olympic Games*
1 To participate in the Olympic Games, a competitor, team official or other team personnel must respect and comply with the Olympic Charter, the World Anti-Doping Code and the Olympic Movement Code on the Prevention of the Manipulation of Competitions, including the conditions of participation established by the IOC, as well as with the rules of the relevant IF as approved by the IOC, and the competitor, team official or other team personnel must be entered by his NOC. 2 All competitors, team officials or other team personnel in the Olympic Games shall enjoy freedom of expression in keeping with the Olympic values and the Fundamental Principles of Olympism, and in accordance with the Guidelines determined by the IOC Executive Board.
Bye-law to Rule 40
1 Each IF establishes its sport’s rules for participation in the Olympic Games, including qualification criteria, in accordance with the Olympic Charter. Such criteria must be submitted to the IOC Executive Board for approval.
Olympic Charter
79 2 The application of the qualification criteria lies with the IFs, their affiliated national federations and the NOCs in the fields of their respective responsibilities. 3 Competitors, team officials and other team personnel who participate in the Olympic Games may allow their person, name, picture or sports performances to be used for advertising purposes during the Olympic Games in accordance with the principles determined by the IOC Executive Board.
4 The entry or participation of a competitor in the Olympic Games shall not be conditional on any financial consideration.
41 Nationality of competitors*
1 Any competitor in the Olympic Games must be a national of the country of the NOC which is entering such competitor.
2 All matters relating to the determination of the country which a competitor may represent in the Olympic Games shall be resolved by the IOC Executive Board.
Bye-law to Rule 41
1 A competitor who is a national of two or more countries at the same time may represent either one of them, as he may elect. However, after having represented one country in the Olympic Games, in continental or regional games or in world or regional championships recognised by the relevant IF, he may not represent another country unless he meets the conditions set forth in paragraph 2 below that apply to persons who have changed their nationality or acquired a new nationality.
2 A competitor who has represented one country in the Olympic Games, in continental or regional games or in world or regional championships recognised by the relevant IF, and who has changed his nationality or acquired a new nationality, may participate in the Olympic 80 5 The Olympic Games
Games to represent his new country provided that at least three years have passed since the competitor last represented his former country. This period may be reduced or even cancelled, with the agreement of the NOCs and IF concerned, by the IOC Executive Board, which takes into account the circumstances of each case. 3 If an associated State, province or overseas department, a country or colony acquires independence, if a country becomes incorporated within another country by reason of a change of border, if a country merges with another country, or if a new NOC is recognised by the IOC, a competitor may continue to represent the country to which he belongs or belonged.
However, he may, if he prefers, elect to represent his country or be entered in the Olympic Games by his new NOC if one exists. This particular choice may be made only once. 4 Furthermore, in all cases in which a competitor would be eligible to participate in the Olympic Games, either by representing another country than his or by having the choice as to the country which such competitor intends to represent, the IOC Executive Board may take all decisions of a general or individual nature with regard to issues resulting from nationality, citizenship, domicile or residence of any competitor, including the duration of any waiting period.
42 Age limit
There may be no age limit for competitors in the Olympic Games other than as prescribed in the competition rules of an IF as approved by the IOC Executive Board. 43 World Anti-Doping Code and the Olympic Movement Code on the Prevention of Manipulation of Competitions
Compliance with the World Anti-Doping Code and the Olympic Movement Code on the Prevention of Manipulation of Competitions is mandatory for the whole Olympic Movement.
Olympic Charter
81 44 Invitations and entries*
1 The invitations to take part in the Olympic Games shall be sent out by the IOC to all NOCs one year before the opening ceremony.
2 Only NOCs recognised by the IOC may submit entries for competitors in the Olympic Games.
3 Any entry is subject to acceptance by the IOC, which may at its discretion, at any time, refuse any entry, without indication of grounds. Nobody is entitled as of right to participate in the Olympic Games.
4 An NOC shall only enter competitors upon the recommendations for entries given by national federations. If the NOC approves thereof, it shall transmit such entries to the OCOG. The OCOG must acknowledge their receipt. NOCs must investigate the validity of the entries proposed by the national federations and ensure that no one has been excluded for racial, religious or political reasons or by reason of other forms of discrimination.
5 The NOCs shall send to the Olympic Games only those competitors adequately prepared for high level international competition. Through its IF, a national federation may ask that the IOC Executive Board review a decision by an NOC in a matter of entries. The IOC Executive Board’s decision shall be final.
Bye-law to Rule 44
1 The IOC Executive Board determines the numbers of all participants in the Olympic Games. 2 The procedures and the deadlines for the entries of competitors for sports competitions at the Olympic Games and their acceptances are established by the IOC Executive Board. 3 All entries must be submitted as prescribed by the IOC. 82 5 The Olympic Games
4 As a condition precedent to participation in the Olympic Games, every competitor shall comply with all the provisions of the Olympic Charter and the rules of the IF governing his sport. The NOC which enters the competitor is responsible for ensuring that such competitor is fully aware of and complies with the Olympic Charter, the World Anti-Doping Code and the Olympic Movement Code on Prevention of the Manipulation of Competitions. 5 Should there be no national federation for a particular sport in a country which has a recognised NOC, the latter may enter competitors individually in such sport in the Olympic Games subject to the approval of the IOC Executive Board and the IF governing such sport. 6 All participants in the Olympic Games in whatever capacity must comply with the entry process as prescribed by the IOC Executive Board, including the signing of the entry form, which includes an obligation to (i) comply with the Olympic Charter, the World Anti- Doping Code and the Olympic Movement Code on the Prevention of the Manipulation of Competitions and (ii) submit disputes to CAS jurisdiction. 7 The relevant NOC shall also comply with the entry process, including the signing of the entry form, referred to in paragraph 6 above to confirm and guarantee that all the relevant rules have been brought to the notice of the competitor and that the NOC has been authorised by the national sports federation concerned to comply with such entry process on its behalf.
8 At the request of the OCOG, the relevant IF shall confirm and guarantee, at the close of entries, that the participants entered for its sport have satisfied the relevant qualification criteria to compete in the Olympic Games.
9 No entry shall be valid unless the above provisions have been observed. 10 The withdrawal of a duly entered delegation, team or individual shall, if effected without the consent of the IOC Executive Board, constitute an infringement of the Olympic Charter, and be subject to an inquiry, and may lead to measures or sanctions. 11 The number of entries for each sport is established by the IOC Executive Board following consultation with the relevant IFs three years before the Olympic Games concerned.
Olympic Charter
83 12 The number of entries in the individual events shall not exceed that provided for in the World Championships and shall not, unless the IOC Executive Board grants an exception, exceed three per country.
13 For team sports, the number of teams shall not exceed twelve teams for each gender and not be less than eight teams, unless the IOC Executive Board decides otherwise. 14 In order to obtain an equitable breakdown in the number of substitutes in certain sports, both individual and team, and taking into account the fact that in certain other sports a single entry per event and per country is allowed without any substitute, the IOC Executive Board, following consultation with the IFs concerned, may increase or reduce the number of substitutes.
III PROGRAMME OF THE OL YMPIC GAMES
45 Programme of the Olympic Games*
1 The programme of the Olympic Games (“the programme”) is the programme of all sports competitions established by the IOC for each edition of the Olympic Games in accordance with the present Rule and its Bye-law.
2 The programme consists of two components, namely:
2.1 The sports programme, which includes all sports for a specific edition of the Olympic Games, as determined by the Session from among the sports governed by the IFs recognised by the IOC (“the sports programme”).
2.2 The events programme, which includes all events, as determined by the IOC Executive Board for a specific edition of the Olympic Games (“the events programme”).
84 5 The Olympic Games
An event is a specific competition in a sport resulting in a ranking giving rise to the award of medals and diplomas.
The events programme must include events from each sport included in the sports programme.
3 The programme is established following a review by the IOC of the programme of the previous corresponding edition of the Olympic Games.
Only sports which comply with the Olympic Charter, the World Anti-Doping Code and the Olympic Movement Code on the Prevention of the Manipulation of Competition are eligible to be in the programme.
Bye-law to Rule 45
1 The sports programme:
1.1 Upon proposal from the IOC Executive Board, the Session shall decide on the sports programme of an edition of the Olympic Games. Unless otherwise decided by the IOC Executive Board, such decision by the Session shall occur, in principle seven years prior to the opening of the concerned Olympic Games, or at the Session electing the relevant host of the Olympic Games, whichever occurs later.
The Session shall vote en bloc. If the majority of the votes cast is not reached, there shall be additional rounds of votes as determined by the President, who may also proceed through individual or partial en bloc votes.
1.2 Upon proposal from the IOC Executive Board following an agreement between the relevant OCOG, the relevant IF and the IOC, the sports programme may be amended by decision of the Session not later than three years prior to the opening of the relevant Olympic Games.
Olympic Charter
85 1.3 The sports which may be included in the sports programme of the Games of the Olympiad are:
1.3.1 The sports, governed by the following IFs, which are currently included in the programme, namely:
– World Aquatics (AQUA);
– World Athletics;
– World Rowing (FISA);
– Badminton World Federation (BWF);
– International Basketball Federation (FIBA);
– International Canoe Federation (ICF);
– Union Cycliste Internationale (UCI);
– International Equestrian Federation (FEI);
– International Fencing Federation (FIE);
– Fédération Internationale de Football Association (FIFA); – International Golf Federation (IGF);
– International Gymnastics Federation (FIG);
– International Weightlifting Federation (IWF);
– International Handball Federation (IHF);
– International Hockey Federation (FIH);
– International Judo Federation (IJF);
– United World Wrestling (UWW);
– International Modern Pentathlon Union (UIPM);
– World Rugby;
– World Taekwondo (WT);
– International Tennis Federation (ITF);
– International Table Tennis Federation (ITTF);
– International Shooting Sport Federation (ISSF);
– World Archery Federation (WA);
– World Triathlon (TRI);
– World Sailing (WS);
– International Volleyball Federation (FIVB).
86 5 The Olympic Games
1.3.2 Other sports governed by other IFs recognised by the IOC.
1.4 The sports which may be included in the Olympic Winter Games are:
1.4.1 The sports, governed by the following IFs, which are currently included in the programme, namely:
– International Biathlon Union (IBU);
– International Bobsleigh and Skeleton Federation (IBSF); – World Curling;
– International Ice Hockey Federation (IIHF);
– International Luge Federation (FIL);
– International Skating Union (ISU);
– International Ski and Snowboard Federation (FIS).
1.4.2 Other sports governed by other IFs recognised by the IOC. 2 The events programme:
2.1 Prior to any decision relating to the Events Programme, the IOC shall consult the relevant IFs.
2.2 The IOC Executive Board shall decide on the Events Programme not later than three years prior to the opening of the relevant Olympic Games. 3 Other provisions:
3.1 The OCOG of a specific edition of the Olympic Games may propose to the IOC the inclusion, for such edition only, of one or more additional events; all decisions relating thereto shall be taken in full compliance with this Rule 45 and its Bye-law, and with any further specific conditions set forth by the IOC.
Olympic Charter
87 3.2 Unless agreed otherwise with the relevant OCOG, the following approximate numbers shall apply:
– with respect to the Games of the Olympiad, ten thousand five hundred (10,500) athletes, five thousand (5,000) accredited coaches and athletes’ support personnel and three hundred and ten (310) events.
– with respect to the Olympic Winter Games, two thousand nine hundred (2,900) athletes, two thousand (2,000) accredited coaches and athletes’ support personnel and one hundred (100) events.
3.3 The Session is entitled to remove from the programme any sport, at any time, at its full discretion, in particular (but not limited to) if the relevant IF governing such sport does not comply with the Olympic Charter, the World Anti-Doping Code, the Olympic Movement Code on the Prevention of the Manipulation of Competitions or an IOC Executive Board decision applicable to the relevant IF, or if the relevant IF acts in a manner likely to tarnish the reputation of the Olympic Movement. In addition, the measures and sanctions provided for in Rule 59 may apply.
3.4 Any deadline set forth in BLR 45 may be exceptionally waived with the approval of the relevant IF, of the relevant OCOG and of the competent IOC organ. 46 Role of the IFs in relation to the Olympic Games*
1 Each IF is responsible for the control and direction of its sport at the Olympic Games. All elements of the competitions, including the schedule, field of play, training sites and all equipment must comply with its rules. For all such arrangements, the OCOG must consult the relevant IFs.
2 The OCOGs shall work closely with the IFs in the planning and delivery of each sport and agree upon specific responsibilities with the relevant IFs, under the direction of the IOC Executive Board.
88 5 The Olympic Games
3 The OCOG must ensure that the various sports included in the programme of the Olympic Games are treated and integrated equitably.
4 The final decision of the competition schedule and daily timetable of events is made by the IOC Executive Board.
5 The IOC Executive Board determines the number and the method for selection of competitors for doping tests and all other anti-doping measures during the period of the Olympic Games after consultation with each IF.
Bye-law to Rule 46
1 Rights and Responsibilities of the IFs at the Olympic Games:
The IFs have the following rights and responsibilities regarding the arrangements at the Olympic Games:
1.1 To establish the appropriate rules, regulations and requirements of their respective sports, disciplines and events. At the latest three years before the opening of the Olympic Games, the IFs must inform the OCOG, the IOC and the NOCs about the characteristics of the required technical installations and the sports equipment to be used at the venues during the Olympic Games. The respective IFs may require that, subject to any guidelines established by the IOC Executive Board, such sports equipment be furnished by a particular company or companies.
1.2 Subject to Rule 56, to establish the final results and ranking of Olympic competitions.
Such results shall be made available to the IFs by the OCOG, at its expense, immediately after each competition in electronic form, in accordance with guidelines established by the IOC. The relevant IF then has the right to display such competition results for its own sport on its official website.
Olympic Charter
89 1.3 Subject to the authority of the IOC Executive Board, to exercise control over the competition and training venues of their respective sports during the competition and training sessions at the Olympic Games.
1.4 To select national and international technical officials. The total number of international technical officials shall be subject to IOC Executive Board approval, upon proposal of the relevant IF. The expenses for accommodation, transport and uniforms of national and international technical officials shall be paid by the OCOG. The international technical officials must be present at the site at least three days prior to the first event in their sport and at least one day after the last event. The OCOG must provide facilities separate from the Olympic Village for the accommodation of all technical officials appointed by the IFs. Technical officials may not be accommodated in the Olympic Village. They do not belong to the NOCs’ delegations.
1.5 To appoint IF delegates in accordance with conditions and numbers agreed by the IOC Executive Board.
1.6 To ensure that all competitors comply with the provisions of Rules 40 and 50.
1.7 To enforce, under the authority of the IOC and the NOCs, the IOC’s rules in regard to the participation of competitors in the Olympic Games.
1.8 In collaboration with the IOC, to prepare and revise the necessary documentation and requirements relating to the staging of their sport.
1.9 To establish an appeal mechanism or process for all technical matters concerning their sport and from which all rulings and decisions, including any related sanctions or measures, are final and without appeal, without prejudice to any further measures and sanctions pronounced by the IOC Executive Board. The rulings and decisions of the IFs on technical matters must be immediately communicated to the IOC Executive Board with all supporting documentation.
90 5 The Olympic Games
2 Technical provisions requiring the agreement of the IFs and of the OCOG before being submitted to the IOC Executive Board for approval:
2.1 Competition Schedule of the programme for a sport, not later than two years prior to the Olympic Games.
2.2 Technical equipment for establishing results.
2.3 Uniforms of IF Officials (such as judges and referees) necessary during the Olympic Games.
3 IF proposals requiring the approval of the IOC Executive Board:
3.1 Establishment of the programme of the Olympic Games in their respective sports and including or deleting disciplines or events.
3.2 Establishment of the number of competitors per event and per country, and of the number of teams participating in the Olympic Games.
3.3 Establishment, not later than two years before the Olympic Games, of the qualification system, including the number of alternate athletes in individual or team sports or events.
3.4 Establishment of the competition format of each sport for the Olympic Games.
3.5 Establishment of the number of international technical officials required by the rules of the IFs (such as referees, judges, timekeepers, inspectors or juries of appeal). They perform their tasks in accordance with the directions of such IF and in coordination with the OCOG.
3.6 Production by the IFs, in any medium, of any visual or audiovisual recordings of the Olympic competitions. Notwithstanding any such approval, any use of such recordings for commercial purposes is prohibited.
Olympic Charter
91 4 Premises and facilities for the IFs:
4.1 At the Olympic Games, the OCOG shall provide, at its expense, the IFs governing the sports included in the programme of such Games with the premises and facilities necessary for delivering matters of a technical nature.
4.2 Subject to the approval of the IOC Executive Board, the OCOG shall provide the IFs, at their request and at their expense, with the administrative and technical facilities, as well as accommodation, if available, enabling them to hold their meetings in the country of the host.
5 Testing activities and test events organised by the OCOG:
5.1 In accordance with a plan submitted to the IOC for approval, the OCOG, after consultation with the IFs and the IOC, must test the infrastructure, processes and event delivery to be used during the Olympic Games through test events or other appropriate means of testing.
5.2 Such testing activities must take place in close collaboration with the relevant IFs. 47 Y outh camp
With the authorisation of the IOC Executive Board, the OCOG may, under its own responsibility, organise an international youth camp on the occasion of the Olympic Games.
92 5 The Olympic Games
48 Media coverage of the Olympic Games*
1 The IOC takes all necessary steps in order to ensure the fullest coverage by the different media and the widest possible audience in the world for the Olympic Games.
2 All decisions concerning the coverage of the Olympic Games by the media rest within the competence of the IOC.
Bye-law to Rule 48
1 It is an objective of the Olympic Movement that, through its contents, the media coverage of the Olympic Games should spread and promote the principles and values of Olympism. 2 The IOC Executive Board establishes all technical regulations and requirements regarding media coverage of the Olympic Games, which are reflected in the Olympic Host Contract.
Such technical regulations and requirements, and all other instructions of the IOC Executive Board, are binding on any and all persons involved in media coverage of the Olympic Games.
3 Only those persons accredited as media may act as journalists, reporters or in any other media capacity. Under no circumstances, throughout the duration of the Olympic Games, may any athlete, coach, official, press attaché or any other accredited participant act as a journalist or in any other media capacity.
49 Publications relating to the Olympic Games*
All publications relating to the Olympic Games and required by the IOC shall be produced and distributed, at the expense of the OCOG, in such format as may be requested by the IOC.
Olympic Charter
93 Bye-law to Rule 49
1 The OCOG is responsible for preparing, producing, publishing and distributing, to the IOC, the IFs and to all NOCs, the following publications and documents:
1.1 for each sport, an explanatory brochure containing the general programme and technical arrangements;
1.2 a medical brochure in accordance with the IOC’s instructions; and
1.3 a complete report on the celebration and holding of the Olympic Games, as directed by the IOC.
2 For all documents and publications relating to the Olympic Games, the OCOG shall comply with the instructions of the IOC Executive Board. As a general rule, the content of all documents and publications shall be submitted to the IOC for prior approval. 50 Advertising, demonstrations, propaganda*
1 Except as may be authorised by the IOC Executive Board on an exceptional basis, no form of advertising or other publicity shall be allowed in and above the stadia, venues and other competition areas which are considered as part of the Olympic sites. Commercial installations and advertising signs shall not be allowed in the stadia, venues or other sports grounds.
2 No kind of demonstration or political, religious or racial propaganda is permitted in any Olympic sites, venues or other areas.
94 5 The Olympic Games
Bye-law to Rule 50
1 No form of publicity or propaganda, commercial or otherwise, may appear on persons, on sportswear, accessories or, more generally, on any article of clothing or equipment whatsoever worn or used by all competitors, team officials, other team personnel and all other participants in the Olympic Games, except for the identification – as defined in paragraph 8 below – of the manufacturer of the article or equipment concerned, provided that such identification shall not be marked conspicuously for advertising purposes.
The IOC Executive Board shall adopt guidelines that provide further details on the implementation of this principle.
Any violation of this Bye-law 1 and the guidelines adopted hereunder may result in disqualification of the person or delegation concerned, or withdrawal of the accreditation of the person or delegation concerned, without prejudice to further measures and sanctions which may be pronounced by the IOC Executive Board or Session.
The numbers worn by competitors may not display publicity of any kind and must bear the Olympic emblem of the OCOG.
2 Any mascot created for the Olympic Games shall be considered to be an Olympic emblem, the design of which must be submitted by the OCOG to the IOC Executive Board for its approval. Such mascot may not be used for commercial purposes in the country of an NOC without the latter’s prior written approval.
3 To be valid, all contracts of the OCOG providing for any element of advertising, including the right or license to use the emblem or the mascot of the Olympic Games, must be in conformity with the Olympic Charter and must comply with the instructions given by the IOC Executive Board. The same shall apply to contracts relating to the timing equipment, the scoreboards, and to the injection of any identification signal in television programmes.
Breaches of these regulations come under the authority of the Executive Board. 4 The OCOG shall ensure the protection of the property of the emblem and the mascot of the Olympic Games for the benefit of the IOC, both nationally and internationally. However, Olympic Charter
95 the OCOG alone and, after the OCOG has been wound up, the NOC of the country of the host, may exploit such emblem and mascot, as well as other marks, designs, badges, posters, objects and documents connected with the Olympic Games during their preparation and celebration and terminating not later than the end of the calendar year during which such Olympic Games are held. Upon the expiry of this period, all rights in or relating to such emblem, mascot and other marks, designs, badges, posters, objects and documents shall thereafter belong entirely to the IOC. The OCOG and/or the NOC, as the case may be and to the extent necessary, shall act as trustees (in a fiduciary capacity) for the sole benefit of the IOC in this respect.
5 The provisions of this Bye-law also apply, mutatis mutandis, to all contracts signed by the organising committee of a Session or an Olympic Congress. 6 The uniforms of the competitors, team officials, and other team personnel may include the flag or Olympic emblem of their NOC and, with the consent of the OCOG, the OCOG Olympic emblem. The IF officials may wear the uniform and the emblem of their IF. 7 The identification on all technical gear, installations and other apparatus, which are neither worn nor used by competitors, team officials, other team personnel or any other participants in the Olympic Games, including timing equipment and scoreboards, may on no account be larger than 1/10th of the height of the equipment, installation or apparatus in question, and shall not be greater than 10cm high.
8 The word “identification” means the normal display of the name, designation, trademark, logo or any other distinctive sign of the manufacturer of the item, appearing not more than once per item.
9 The OCOG, all competitors, team officials, other team personnel and all other participants in the Olympic Games shall comply with the relevant manuals, guides, regulations or guidelines, and all other instructions of the IOC Executive Board, in respect of all matters subject to Rule 50 and this Bye-law.
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IV PROTOCOL
51 Protocol
1 Throughout the period of the Olympic Games, the IOC Executive Board alone has the authority to determine the protocol applicable at all sites and venues placed under the responsibility of the OCOG.
2 At all Olympic functions and events during the Olympic Games, the members, Honorary President, honorary members and honour members of the IOC in their order of seniority, the President, Honorary President and Vice-Presidents leading, take precedence followed by the members of the OCOG, the Presidents of the IFs and the Presidents of the NOCs.
3 The OCOG, the IFs, the NOCs and all other persons accredited at the Olympic Games, in any capacity whatsoever, shall comply with the IOC Protocol Guide and other protocol-related requirements set forth in the Olympic Host Contract, and all other instructions of the IOC Executive Board, in respect of all matters subject to this Rule.
52 Olympic Identity and Accreditation Card – Rights attached thereto 1 The Olympic Identity and Accreditation Card is a document which establishes the identity of its holder and confers upon the latter the right to take part in the Olympic Games. Together with a passport or other official travel documents of the holder, the Olympic Identity and Accreditation Card authorises entry into the country of the host. It allows the holder to stay and perform his Olympic function for the duration of the Olympic Games, including a period not exceeding one month before and one month after the Olympic Games.
Olympic Charter
97 2 Nobody is entitled as of right to an accreditation. The granting or removal of an accreditation is determined by the IOC in its full discretion. The OCOGs, IFs, NOCs and all other persons or parties concerned shall comply with all regulations, decisions, manuals, guides, guidelines and instructions of the IOC, in respect of all matters subject to this Rule.
3 The Olympic Identity and Accreditation Card is delivered, under the authority of the IOC. It gives access, to the degree necessary and as indicated thereon, to the sites, venues and events placed under the responsibility of the OCOG. 53 Use of the Olympic flag
1 An Olympic flag of larger dimensions than any other flag must fly for the entire duration of the Olympic Games from a flagpole placed in a prominent position in the main stadium and in all other venues placed under the responsibility of the OCOG. Such flags are hoisted during the opening ceremony and lowered during the closing ceremony of the Olympic Games.
2 Large numbers of Olympic flags shall be flown in the Olympic Village, in all competition and training venues, in all cities where events of the Olympic Games take place and in all sites, venues and places placed under the responsibility of the OCOG.
54 Use of the Olympic flame
1 The OCOG is responsible for bringing the Olympic flame to the opening ceremony venue. All arrangements for any torch relay and any use of the Olympic flame shall be carried out in compliance with the IOC Protocol Guide and other protocol- related requirements set forth in the Olympic Host Contract. 98 5 The Olympic Games
2 After the closing ceremony of the Olympic Games, any Olympic torch, cauldron or other device intended for any form of combustion of the Olympic flame may only be used with the approval of the IOC.
55 Opening and closing ceremonies
1 The opening and closing ceremonies shall be held in compliance with the IOC Protocol Guide and other protocol-related requirements set forth in the Olympic Host Contract.
2 The contents and details of all scenarios, schedules and programmes of all ceremonies must be submitted to the IOC for its prior approval. 3 The Olympic Games shall be proclaimed open by the Head of State of the country of the host by pronouncing either of the following sentences as the case may be:
– if at the opening of the Games of the Olympiad:
I declare open the Games of … (name of the host) celebrating the … (number of the Olympiad)… Olympiad of the modern era.
– If at the opening of the Olympic Winter Games:
I declare open the … (number of the Olympic Winter Games) Olympic Winter Games of … (name of the host).
During the entire period of the Olympic Games, including all ceremonies, no speeches of any kind may be held by any representative of any government or other public authority, nor by any other politician, in any venue placed under the responsibility of the OCOG. During the opening and closing ceremonies, only the IOC President and the President of the OCOG are entitled to deliver short addresses.
Olympic Charter
99 56 Victory, medal and diploma ceremonies and the awarding of medals Any decision regarding the awarding, withdrawal or reallocation of any victory medal or diploma falls within the sole authority of the IOC.
Victory, medal and diploma ceremonies shall be conducted in accordance with the IOC Protocol Guide and other protocol-related requirements set forth in the Olympic Host Contract. To the extent reasonably possible, the ceremonies for reallocation of medals shall replicate the formal ceremonies for allocation of medals. The format and design of the medals and diplomas shall be submitted to the IOC for its prior approval. 57 Roll of honour
Representations featuring competition results may be drawn up by the IOC and, with the authorisation of the IOC, by the OCOG, for informational purposes. 58 IOC – Authority of last resort
The authority of last resort on any question concerning the Olympic Games rests with the IOC.
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59 Measures and sanctions*
In the case of any violation of the Olympic Charter, the World Anti-Doping Code, the Olympic Movement Code on the Prevention of Manipulation of Competitions or any other decision or applicable regulation issued by the IOC, the measures or sanctions which may be taken by the Session, the IOC Executive Board or the disciplinary commission referred to under 2.4 below are:
1 In the context of the Olympic Movement:
1.1 with regard to IOC members, the Honorary President, honorary members and honour members:
a a reprimand, pronounced by the IOC Executive Board;
b suspension, for a specific period, pronounced by the IOC Executive Board. The suspension may be extended to all or part of the rights, prerogatives and functions deriving from the membership of the person concerned.
The above-mentioned sanctions may be combined. They may be imposed on IOC members, the Honorary President, honorary members or honour members who, by their conduct, jeopardise the interests of the IOC, also regardless of any specific violation of the Olympic Charter or any other regulation.
1.2 with regard to IFs:
a withdrawal from the programme of the Olympic Games of:
– a sport (Session),
– a discipline (IOC Executive Board),
– an event (IOC Executive Board);
104 6 Measures and Sanctions, Disciplinary Procedures and Dispute Resolution b suspension from the programme of the Olympic Games of:
– a sport (IOC Executive Board),
– a discipline (IOC Executive Board),
– an event (IOC Executive Board);
c withdrawal of provisional recognition (IOC Executive Board); d withdrawal of full recognition (Session).
1.3 with regard to associations of IFs:
a withdrawal of provisional recognition (IOC Executive Board); b withdrawal of full recognition (Session).
1.4 with regard to NOCs:
a suspension (IOC Executive Board); in such event, the IOC Executive Board determines in each case the consequences for the NOC concerned and its athletes;
b withdrawal of provisional recognition (IOC Executive Board); c withdrawal of full recognition (Session); in such a case, the NOC forfeits all rights conferred upon it in accordance with the Olympic Charter; d withdrawal of the right to organise a Session or an Olympic Congress (Session).
1.5 with regard to associations of NOCs:
a withdrawal of provisional recognition (IOC Executive Board); b withdrawal of full recognition (Session).
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1.6 with regard to a host, an OCOG and an NOC:
withdrawal of the right to organise the Olympic Games (Session).
1.7 with regard to interested hosts or candidates and an NOC:
withdrawal of the right to be an interested host or a candidate to host the Olympic Games (IOC Executive Board).
1.8 with regard to other recognised associations and organisations:
a withdrawal of provisional recognition (IOC Executive Board); b withdrawal of full recognition (Session).
2 In the context of the Olympic Games, in the case of any violation of the Olympic Charter, of the World Anti-Doping Code, or of any other decision or applicable regulation issued by the IOC or any IF or NOC, including but not limited to the IOC Code of Ethics, the Olympic Movement Code on the Prevention of Manipulation of Competitions or of any applicable public law or regulation, or in case of any form of misbehaviour:
2.1 with regard to individual competitors and teams: temporary or permanent ineligibility or exclusion from the Olympic Games, disqualification or withdrawal of accreditation; in the case of disqualification or exclusion, the medals and diplomas obtained in relation to the relevant infringement of the Olympic Charter shall be returned to the IOC. In addition, at the discretion of the IOC Executive Board, a competitor or a team may lose the benefit of any ranking obtained in relation to other events at the Olympic Games at which he or it was disqualified or excluded; in such case the medals and diplomas won by him or it shall be returned to the IOC (Executive Board);
2.2 with regard to officials, managers and other members of any delegation as well as referees and members of the jury: temporary or permanent ineligibility or exclusion from the Olympic Games (IOC Executive Board); 106 6 Measures and Sanctions, Disciplinary Procedures and Dispute Resolution
2.3 with regard to all other accredited persons: withdrawal of accreditation (IOC Executive Board);
2.4 the IOC Executive Board may delegate its power to a disciplinary commission.
2.5 Notwithstanding Rules 59.1 and 59.2, the competent IOC body (Session, IOC Executive Board, disciplinary commission) may also, or in lieu of the measures and sanctions authorised by such Rules, impose financial sanctions on the relevant individuals, teams or entities, taking into account factors such as the gravity and extent of the violation and the ability of those concerned to bear the financial consequences of the sanctions. The sanctions may include fines and/or the suspension or cancellation of any form of financial support by or emanating from the IOC. In all cases, the IOC shall be entitled to recover its related expenses and costs.
3 Before applying any measure or sanction, the competent IOC body may issue a warning.
4 All sanctions and measures are taken without prejudice to any other rights of the IOC and of any other body, including but not limited to NOCs and IFs.
Bye-law to Rule 59
1 Any inquiry relating to facts that may lead to any measure or sanction is conducted under the authority of the IOC Executive Board, which may delegate all or part of its authority to that effect.
2 Throughout any inquiry, the IOC Executive Board may provisionally withdraw from any concerned person or organisation all or part of the rights, prerogatives and functions deriving from such person’s or organisation’s membership or status.
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3 Any individual, team or any other individual or legal entity has the right to be heard by the IOC body competent to apply a measure or sanction to such individual, team or legal entity.
The right to be heard in the sense of this provision includes the right to be acquainted with the charges and the right to appear personally or to submit a defence in writing. 4 Any measure or sanction decided by the Session, the IOC Executive Board or the disciplinary commission referred to in Rule 59.2.4 shall be communicated in writing to the party concerned.
5 All measures or sanctions shall be effective forthwith unless the competent body decides otherwise.
60 Challenging IOC decisions
Notwithstanding the applicable rules and deadlines for all arbitration and appeal procedures, and subject to any other provision of the World Anti-Doping Code, no decision taken by the IOC concerning an edition of the Olympic Games, including but not limited to competitions and their consequences such as rankings or results, can be challenged by anyone after a period of three years from the day of the closing ceremony of such Games.
61 Dispute resolution
1 The decisions of the IOC are final. Any dispute relating to their application or interpretation may be resolved solely by the IOC Executive Board and, in certain cases, by arbitration before the Court of Arbitration for Sport (CAS). 2 Any dispute arising on the occasion of, or in connection with, the Olympic Games shall be submitted exclusively to the Court of Arbitration for Sport, in accordance with the Code of Sports-Related Arbitration.
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International
Olympic
Committee
Maison Olympique
1007 Lausanne, Switzerland
www.olympics.com/ioc
olympiC Charter – 2025