PART 1 REGISTER OF INTEREST

FUTSAL PREMIER AND SUPER LEAGUE COMPETITIONS

2013/2014
Part 1 Register of Interest is one of the official documents of submission to be completed by Applicants in order to be eligible to participate in the FNSW Futsal Premier and Super League Competitions for Males and Females in 2013/2014. Part 1: Key Points for Applicants Have an authorised person of the Applicant to sign the acknowledgement form on page 10 and for someone to witness the signing. Return Part 1 to Football NSW on 5 April 2013.

Contents
Introduction .................................................................................................................................. 3 1. HOW TO BE ELIGIBLE TO PARTICIPATE IN THE 2013/2014 COMPETITION ............................... 3 (a) (b) (c) 2. Register of Interest (Part 1) ............................................................................................ 3 Application Form (Part 2) ............................................................................................... 3 Participation Agreement (Part 3) ................................................................................... 4

COMMUNICATIONS IN RELATION TO THE APPLICATION DOCUMENTS ................................... 4 (a) (b) (c) (d) Contact Person and contact details ................................................................................ 4 Communication to be limited to Contact Person and Authorised Representatives ......... 5 No contact with other persons ....................................................................................... 5 Questions from Applicants ............................................................................................. 5

3.

APPLICATION DOCUMENTS CONDITIONS ............................................................................... 6 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Responsibilities of Applicant .......................................................................................... 6 Submission of Application by Applicant.......................................................................... 6 Costs.............................................................................................................................. 7 Applicant confidentiality obligations .............................................................................. 7 Ownership and intellectual property rights .................................................................... 7 Security, probity and other checks ................................................................................. 7 Football NSW has no obligations .................................................................................... 7 Liability .......................................................................................................................... 8 No influencing or undisclosed benefits........................................................................... 8 Rights reserved by Football NSW ................................................................................... 8 No appeal mechanism ................................................................................................... 9

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PART 1 REGISTER OF INTEREST Introduction To be eligible to participate in the 2013/2014 Competition, an Applicant must comply with the Application Process set out in this Part 1. Part 2 sets out the criteria for admission to the 2013/2014 Competition. Part 3 is the contractual document that sets out the terms on which a licence will be granted to a successful Applicant to participate in the 2013/2014 Competition. Parts 1, 2 and 3 together form the Application Documents. Capitalised terms used in the Application Documents are defined in the Glossary which forms part of the Application Documents. The Glossary is set out in Schedule 1. The Application Process The Application Process is as follows: 1. HOW TO BE ELIGIBLE TO PARTICIPATE IN THE 2013/2014 COMPETITION (a) (i) Register of Interest (Part 1) Each Applicant is required to sign and return to Football NSW: a. an electronic copy of Part 1 in PDF format by email to the Contact Person by no later than 5pm on 5 April 2013. b. one (1) paper copy of Part 1 in a sealed envelope marked "CONFIDENTIAL: REGISTER OF INTEREST" addressed to the Contact Person by 5 April 2013. (ii) (iii) Part 1 must be signed by an authorised person of the Applicant. By submitting this Part 1, the Applicant will be deemed to have reviewed, acknowledged and agreed to the terms and conditions set out in this Part 1 without reservation or variation. (iv) Football NSW will exclude any Application Documents received from an Applicant who does not sign and return Part 1 in accordance with this clause 1(a). (v) (b) (i) Upon return of Part 1, the Applicant agrees to be bound by the Football NSW By-Laws. Application Form (Part 2) Each Applicant is required to sign and return to Football NSW: a. an electronic copy of Part 2 in PDF format by email to the Contact Person by no later than 5pm on 6 May 2013. b. one (1) bound paper copy of Part 2 in a sealed envelope marked "CONFIDENTIAL: APPLICATION FORM" addressed to the Contact Person by 6 May 2013.

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(ii) (iii) Part 2 must be signed by an authorised person of the Applicant. By submitting Part 2, the Applicant will be deemed to have reviewed, acknowledged and agreed to the terms and conditions set out in Part 2 without reservation or variation. (iv) Football NSW will exclude any submission by an Applicant who does not complete and return Part 2 in accordance with this clause 1(b). (c) (i) Participation Agreement (Part 3) Each Applicant is required to sign and return to Football NSW: a. an electronic copy of Part 3 in PDF format by email to the Contact Person by no later than 5pm on 6 May 2013. b. two (2) originals of Part 3 in a sealed envelope marked "CONFIDENTIAL: PARTICIPATION AGREEMENT" addressed to the Contact Person by 6 May 2013. (ii) (iii) Part 3 can be submitted together with Part 2. By submitting Part 3, the Applicant will be deemed to have reviewed, acknowledged and agreed to the terms and conditions set out in Part 3 without reservation or variation. (iv) Football NSW will exclude any Applicant who does not complete and return Part 3 in accordance with this clause 1(c). 2. COMMUNICATIONS IN RELATION TO THE APPLICATION DOCUMENTS (a) (i) Contact Person and contact details All enquiries from an Applicant regarding the Application Documents and the submission by the Applicant must be in writing and directed to the Contact Person. The Contact Person's contact details are: Emma Salzke C/ - Football NSW Valentine Sports Park, 235-257 Meurants Lane Glenwood NSW 2768 P.O. Box 6146 Baulkham Hills BC NSW 2153 Email: emmas@footballnsw.com.au Telephone: (02) 8814 4400 Facsimile: (02) 9629 3770 (ii) Football NSW may change the Contact Person or update the above contact details at any time by written notice to all Applicants who have submitted Part 1.

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(b) (i) Communication to be limited to Contact Person and Authorised Representatives The Contact Person and any person expressly authorised in writing by the Contact Person (Authorised Representative) are the only people authorised to discuss the Application Documents and any submission made by the Applicant, on behalf of Football NSW. (ii) The preferred method of communication in relation to the Application Documents and any submission made by the Applicant is email. Football NSW will acknowledge receipt of any communication within three (3) business days. If an acknowledgement of receipt of any communication sent by an Applicant in relation to the Application Documents or any submission made by the Applicant is not received within three Business Days, the Applicant should call the Contact Person to check that the communication has been received. (c) (i) No contact with other persons An Applicant may not discuss the Application Documents or any submission made by the Applicant with any director, officer, employee or representative of Football NSW other than the Contact Person or an Authorised Representative. (ii) Football NSW may, in its absolute discretion, exclude an Applicant from any further participation in the Application Process if the Applicant breaches this requirement. (d) (i) Questions from Applicants An Applicant may ask questions of Football NSW on any matters relating to the Application Documents or any submission made by the Applicant from the date of issue of the Application Documents up to 5pm on 29 April 2013. Football NSW may at its discretion respond to questions received after this time. (ii) (iii) All questions must be submitted to the Contact Person in writing, preferably by email. Football NSW may post any questions received from an Applicant in relation to the Application Documents or any submission made by the Applicant, together with the responses to those questions, on the Football NSW website so they may be viewed by all other Applicants. Questions posted on this website may be reworded to provide greater clarity or relevance to other Applicants. While Football NSW will endeavour not to indicate which Applicant submitted a particular question that is posted on its website, Football NSW will not be required to take any particular steps to disguise the identity of that Applicant. (iv) Any answers to a question received from an Applicant will be given at Football NSW's discretion and Football NSW may elect not to respond to any particular question. Football NSW reserves the right to communicate directly with an Applicant.

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3. APPLICATION DOCUMENTS CONDITIONS (a) (i) Responsibilities of Applicant The information included in the Application Documents by Football NSW is for the purpose of an Applicant considering whether it wishes to apply to participate in the 2013/2014 Competition. Football NSW has taken reasonable steps to ensure that the information provided in the Application Documents is accurate, complete and not misleading, but does not warrant or represent that this is the case. (ii) An Applicant acknowledges that it is its own responsibility, before submitting an Application, to: a. examine the Application Documents, any documents referenced by the Application Documents and any other information made available to the Applicant by Football NSW; b. identify and obtain all information it may require to prepare and submit its Application; c. obtain independent advice; d. consider all the risk, contingencies, impacts and other circumstances which may affect its submission and its ability to perform in accordance with it; and e. satisfy itself as to the correctness of all information in its submission. (iii) Without limiting clause 3, in submitting any submission made by the Applicant, an Applicant acknowledges and agrees that it has not relied on any express or implied statement, representation or warranty as to the truth, accuracy or completeness of the information contained in the Application Documents or otherwise provided to the Applicant by Football NSW. (b) (i) Submission of Application by Applicant A submission by an Applicant must be submitted in accordance with, and must comply with, the terms of this Part 1. (ii) Each Applicant warrants and represents to Football NSW that the information contained in, and submitted with, its submission is complete and accurate in all material respects and may be relied upon by Football NSW and indemnifies Football NSW against and all losses incurred by Football NSW as a result of a breach of such warranties or the representations being incorrect. (iii) If an Applicant becomes aware of any error or omission in its submission, it must immediately notify Football NSW of that error or omission. If Football NSW considers such error or omission to be material, Football NSW may cease consideration and/or evaluation of the submission and, where applicable, and its discretion, exclude the Applicant from

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further participation in the Application Process. Alternatively, Football NSW may, in its absolute discretion, allow the Applicant to correct the error or omission. (c) Costs All costs incurred by an Applicant in connection with the Application Documents or the submission of its Application, are the sole responsibility of the Applicant. An Applicant expressly acknowledges and agrees that Football NSW will not have any liability in relation to any such costs incurred directly or indirectly by that Applicant. (d) Applicant confidentiality obligations Football NSW may, if Football NSW considers it appropriate to do so, require an Applicant to sign a confidentiality undertaking before releasing any confidential or commercially sensitive information to the Applicant. (e) (i) Ownership and intellectual property rights A submission by an Applicant becomes the property of Football NSW on receipt by Football NSW and will not be returned to the Applicant. (ii) As between Football NSW and an Applicant, any intellectual property rights in the information contained in a submission by an Applicant belongs to the Applicant, but Football NSW may use any information contained in any submission for the purposes of assessing and evaluating a submission by an Applicant. (iii) All intellectual property rights in the Application Documents, and in any materials prepared by Football NSW and distributed with, or in connection with, the Application Documents belong to, and remain with, Football NSW. (f) Security, probity and other checks

(i) Football NSW may perform such investigations, including creditworthiness and probity investigations, as it determines are necessary in relation to an Applicants, its officers, employees, contractors, partners, associates, subcontractors or related or associated entities and their officers, employees, contractors and subcontractors. (ii) An Applicant should promptly provide, and authorise any third party to provide, Football NSW with such information or documentation as Football NSW requires to undertake the investigations referred to in clause 3(f)(i) of Part 1. (g) Football NSW has no obligations Submission of an Application does not oblige Football NSW to enter into any discussions, negotiations or contractual arrangements with an Applicant.

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(h) (i) Liability Neither Football NSW, nor its respective officers, directors, employees, contractors or agents, will be liable (in contract, tort (including negligence), equity or otherwise) for any direct or indirect damages, losses, costs or expenses (including wasted costs, loss of profits or loss of business opportunity) incurred by an Applicant or any other person and arising in any way in connection with its submission of an Application, including in connection with: a. the preparation of an its submission; b. the evaluation of a submission; c. any investigations of, or by, an Applicant; d. the rejection or refusal of a submission; e. the variation, suspension or cancellation of the Application Process; or f. (ii) any information given, or not given, to an Applicant.

By submitting an Application, an Applicant waives any rights it may have to make a claim against Football NSW, or its respective officers, directors, employees, contractors, agents or advisers arising out of or in connection with the Application Process.

(i) (i)

No influencing or undisclosed benefits Applicants must not directly or indirectly seek to influence any Decision Maker by: a. offering any form of personal inducement or reward to any Decision Maker; b. threatening any legal action against any Decision Maker or the organisation which they represent; or c. threatening any commercial or other action which would be detrimental to the interests of any Decision Maker or the organisation which they represent.

(j)

Rights reserved by Football NSW

Football NSW reserves the right, at its absolute discretion, to: (i) waive any irregularities or failure by an Applicant to comply with any of the requirements set out in this Application Documents; (ii) reject or not consider a submission by an Applicant, including one which complies with the requirements of this Application Documents; (iii) not give any reason to any person for the rejection or failure of an Applicant or a submission by an Applicant, any suspension or cancellation of the Application Process or any other decision under this Application Documents; (iv) seek clarification of a submission by an Applicant;

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(v) change any date set out in the Application Documents by providing reasonable notice in writing to all Applicants who have submitted Part 1; (vi) amend any part of the Application Documents (including the scope of requirements to be met) by a providing reasonable notice in writing to all Applicants who have submitted Part 1; (vii) exclude an Applicant at any time from the Application Process for any reason, including (but not limited to) capability, financial insecurity, operational requirements or otherwise; (viii) not enter into any agreement in relation to the matters described in the Application Documents or to enter into any arrangement in relation to such matters; (ix) (x) suspend or cancel the Application Process and/or issue a new Application Documents; evaluate any submission by an Applicant in accordance with any evaluation process determined by Football NSW; (xi) take account of any other relevant information that Football NSW may have in its possession and make enquiries of any person to assist it in the evaluation process; (xii) (xiii) conduct the Application Process in such manner as it sees fit; and select an Applicant to participate in any League as it sees fit other than the League(s) nominated by an Applicant. (k) No appeal mechanism

By submitting an Application, an Applicant agrees any decision, and the process of making any decision, by Football NSW in granting or declining to grant a licence to an Applicant to participate in the 2013/2014 Competition is final and not capable of appeal or review.

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Acknowledgment Form Re: Application Process I, [insert name] ______________________________, in my capacity as [insert title] ______________ of [insert full details including ABN/ACN of club] ____________________ (Club) acknowledge and agree to the following: 1. I am a person who is authorised to sign this Part 1 Acknowledgement Form on behalf of the Club; 2. On behalf of the Club, I have read and understood Part 1 of the Application in relation to the 2013/2014 Competition released by Football NSW on 5 March 2013 (the Application Documents); 3. The Club agrees to be bound by the Application Process as set out in Part 1 of the Application Documents.

SIGNED for and on behalf of

by who certifies s/he is authorised to do so in the presence of:

) ) ) ) ) )

Signature of witness Name of witness (please print)

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Schedule 1 Glossary In this Application Documents, unless the contrary interpretation appears: 2013/2014 Competition means the FNSW Futsal Premier and Super League Competitions for Males and Females to be conducted by Football NSW in 2013/2014; Applicant means an entity wishing to submit an Application for eligibility to participate in the 2013/2014 Competition; Application Documents means Parts 1, 2 and 3 forming the official documents of the Football NSW Application Documents for participation in the 2013/2014 Competition; Application Process means the application process set out in Part 1 which Applicants must comply with in order to be eligible to participate in the 2013/2014 Competition; Authorised Representative any person expressly authorised in writing by the Contact Person who is the only person authorised to discuss the Application Process, this Application or any submission by an Applicant; Contact Person means the Football NSW representative who is the point of contact for the Application Process, Application and any submission by an Application set out in clause 2(a)(i) of Part 1; Decision Maker means the Contact Person, any Authorised Representative, director, officer, employee, consultant, auditor or contractor of Football NSW, or any other person who is directly or indirectly involved in decision-making under the Application Process; Football NSW means Football NSW Limited, a company limited by guarantee, which is the governing body for football (soccer) in New South Wales (with the exception of the northern regions of NSW the governing body for which is Northern New South Wales Football); Football NSW By-Laws means the By Laws of Football NSW as updated as at May 2010; League means any series of Matches organised or staged by Football NSW and known as at the date of this Agreement (subject to change by Football NSW from time to time): a) Premier League for Males (Under 12s, Under 14s, Under 16s, Youth Men and Open Men); b) Super League for Males (Under 12s, Under 14s, Under 16s, Youth Men and Open Men); c) Premier League for Females (Under 12s, Under 14s, Under 16s and Open Women); d) Super League for Females (Under 12s, Under 14s, Under 16s and Open Women); Part 1 means the first official part of the Application titled Register of Interest which sets out the terms and conditions on how Applicants be eligible to participate in the 2013/2014 Competition; Part 1 Acknowledgement Form means the document set out in Schedule 1 of Part 1 which the Applicant must sign and lodge to Football NSW in accordance with clause 1 of Part 1;

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Part 2 means the second official part of the Application titled Application Documents which sets out the criteria to participate in the 2013/2014 Competition; Part 2 Acknowledgement Form means the document set out in Schedule 1 of Part 2 which the Applicant must sign and lodge to Football NSW in accordance with clause 1 of Part 1; Part 3 means the third official part of the Application titled Participation Agreement which sets out the terms and conditions of participating in the 2013/2014 Competition.