Training allowance for equestrian sports.
I have already written about the training compensation in football on the blog (here). However, the training compensation is a quite common concept in the regulations of sports associations, so we can find relevant provisions in many other disciplines as well. Today, we will look at the regulations introduced by the Polish Equestrian Federation.
The legal act regulating the issue of training compensation in equestrian sports is the Regulation on Changing Club Colors of the Polish Equestrian Federation along with Annex No. 1. To explain the perhaps enigmatic term "training compensation," it can be stated that the compensation is a lump-sum fee due to the club that trains the athlete, aimed at compensating for the costs incurred in connection with the training.
The regulations state the general principle that a player changing club colors 1)in accordance with the regulations on changing club colors, also constitutes ceasing to represent the colors of the previous club and registering as an unaffiliated player is obligated to pay training compensation to the releasing club, the amount of which is determined by the following table:
The amount of the training compensation is therefore dependent on the number of seasons spent in the club and the acquired sports qualifications/classes during the representation of the club.
For example, a player who did not obtain sports qualifications but represented the club for 5 years is obligated, in case of changing club colors, to pay the amount of 7,000 PLN.
Sanction for players who have not fulfilled the obligations related to changing club colors, including not making the payment of training compensation, is a one-year suspension from participating in competitions, 2)at regional and national levels, as well as a ban on representing national colors imposed on the player at the request of the club submitted within 14 days of:
a) ceasing to represent the current club colors by the player - in the case of a player representing the club based on an association relationship,
b) expiration of the specified settlement deadline with the club - in the case of a player representing the club based on a contract to represent club colors.
However, it is worth noting that the mentioned regulations contain a significant number of exceptions that directly or indirectly exempt from the obligation to pay training compensation. Below is a compilation of cases when the player is not obligated to pay the training compensation at all or is not obligated to pay the training compensation in the amount specified in the annex to the regulations:
- The player represents the club based on an association relationship, but the cooperation conditions, as referred to in § 6 3)§ 6 Contract to Represent Club Colors should be made in writing under the penalty of nullity and should specify in particular: 1) parties to the contract, 2) rights and obligations of the parties, including financial ones, regarding the player's training by the club, 3) rights and obligations of the parties, including financial ones, regarding the player's participation in sports competition as a representative of the club, 4) period for which the contract was concluded, 5) method of contract termination, 6) rights and obligations of the parties regarding settlement of cooperation between the club and the player in case of contract termination, including the amount of compensation due to the club for the player's training. have not been specified in writing have not been specified in writing. Therefore, the regulations do not apply in a situation where there is no contract between the parties, and the acceptance of the club's statute and other cooperation conditions has not been made in writing.
- The player represents the club based on a contract, and this contract includes provisions regarding the issue of training compensation. The regulations apply only to players representing the club based on a contract to represent club colors, to the extent that these contracts do not regulate. Therefore, if the parties establish the issue of compensation differently, for example, waiving these benefits, then the player and the club are bound by the contract, not the regulations.
- The player has been exempted by the club from paying the training compensation voluntarily.
- The player has been exempted by the club from the obligation to pay the training compensation based on regulations. According to the regulations, if the player independently bore the costs of training and competition participation, or if these costs were covered by the club from grants or specific sponsorship contributions, the club is obligated (mandatory) to exempt the player from the obligation to pay the training compensation.
- The player's club is dissolved or removed from the registry of the Polish Equestrian Federation.
Analyzing the aforementioned exemptions, it seems that the situations in which the regulations on changing club colors will be applied may constitute an exception to the rule, which will be the individual negotiation of the conditions for leaving the club.
Photo: keith ellwood via Foter.com / CC BY
- According to the regulations, changing club colors also constitutes ceasing to represent the colors of the previous club and registering as an unaffiliated player.
- At the regional and national levels, as well as a ban on representing national colors.
- § 6 The Contract to Represent Club Colors should be made in writing under the penalty of nullity and should specify in particular: 1) parties to the contract, 2) rights and obligations of the parties, including financial ones, regarding the player's training by the club, 3) rights and obligations of the parties, including financial ones, regarding the player's participation in sports competition as a representative of the club, 4) period for which the contract was concluded, 5) method of contract termination, 6) rights and obligations of the parties regarding settlement of cooperation between the club and the player in case of contract termination, including the amount of compensation due to the club for the player's training. If these have not been specified in writing.