Let's further burden our national team with this code lifted from
the Olympics.

https://www.ushpa.aero/member_board_meeting_agenda_1010.asp

The following is on the agenda of the USHPA Competition Committee (my comments
in red):

The United States Hang Gliding and Paragliding Association, Inc.

PILOT WORLD MEET FORMS Part I Introduction

There are 5 Parts to the World Meet Forms. They are:  Part I –
Introduction, Part II - Code of Conduct, Part III - Grievance Procedures, Part
IV - General Release, Part V - Signature Page

Please read each Part thoroughly.

You must do the following:

1. Sign the signature page affirming that you have read and agree to the terms
mentioned in each Part of these World Meet Forms. 2. Return the Signature page
to the Competition Committee Chairman.

PILOT WORLD MEET FORMS Part II

Code of Conduct

INTRODUCTION

Membership on the United States Hang Gliding and Paragliding (USHPA) National
Team (hereby known as Team) is an honor. It is a distinction few achieve and an
accomplishment universally recognized. I understand that the United States Hang
Gliding and Paragliding Association sends the Team to the World Meet. It is in
that context that I make the pledge set forth below to the USHPA.

Members of the US National team universally feel that
their membership on the team is something that they have earned through their
own efforts and that it is a mere formality that the USHPA sends the team to the
World Meet. That the USHPA is obligated to send the team that consists of the
pilots that have proven to be the best by their results in competition. That the
USHPA is just handling the paperwork.

For the USHPA to somehow insert themselves into the competition and by way of
association with the team gain some reflected honor for those office holders who
have in fact not earned any honor is disgusting.

In this proposal the USHPA is asking a lot of its National team pilots. What is
it giving in return? Is this a fair bargain? These kinds of requirements of
National team members can sometimes be found in sport organizations that provide
substantial monetary and training support directly to their top athletes. The
USHPA does not provide that support and has no good reason to expect the
National team to live by these requirements.

PILOT PLEDGE

I pledge to uphold the spirit of this Code of Conduct (Code), which offers a
general guide to my conduct as a member of the Team. I hereby acknowledge that I
have been informed that the attached Grievance Procedures and the USHPA Bylaws
provide me with the right to a hearing if my opportunity to participate is
denied for any reason or if I am charged with any violation of the Code. By
signing the Code, I (1) accept nomination and, if accepted, selection to the
Team, (2) agree to abide by this Code and the attached Grievance Procedures,
which will be used by the USHPA to resolve any alleged violations of the Code,
(3) agree to submit any dispute that arises in relation to my nomination or
selection to the Team to the USHPA pursuant to the Grievance Procedures, and (4)
acknowledge that the Code and the Grievance Procedures apply as early as my
nomination to the Team and that violations of the Code can be based on conduct
occurring prior to my selection to the Team. I have familiarized myself with the
Code and understand that acceptance of its provisions as written is a condition
of my selection to the Team.

Membership on the US National team is totally determined
by the pilots' results in competition. There is no discretion on the part of
USHPA office holders. The USHPA is not choosing who shall be on the team. There
is no nomination. There is no selection by the USHPA. To implicitly and
explicitly involve the USHPA office holders in a decision that is in reality
beyond their power is to denigrate the competitive enterprise.

THIS CODE OF CONDUCT MUST BE SIGNED IN AN UNALTERED FORM IN ALL APPLICABLE
PLACES IN ORDER FOR AN INDIVIDUAL TO BECOME A MEMBER OF THE TEAM.

As a Member of the Team, I hereby promise and agree that I:

• have abided by all rules related to the Team selection procedures as
determined by and approved by the USHPA;



What rules are we talking about there? The USHPA rulebook
sets out the procedure for determining who is a member of the team. There are no
rules (selection procedures) for team members to abide by, as they are not team
members until they are selected by the automatic application of the rules. There
may be other rules for the team not related to selection that the team members
must abide by, but this section doesn't refer to those rules and is confused.

• am eligible to compete under the rules of the USHPA;

• will follow my individual sport rules, including by way of example: safety
guidelines, required attendance at team meetings;

I don't recall having any required attendance at team
meetings. This is an example (one of many) where these provisions do not relate
to the reality of the US National hang gliding team. It is this disconnect that
is one of the more troubling aspects of this document.

• will follow USHPA Team rules, including by way of example, rules regarding
curfew and consumption of alcoholic beverages;




What team rules are being referred to here? I don't recall
any rules with respect to curfew or alcohol.



• am in possession of a valid USA passport that will not expire prior to six
months following the Closing Ceremonies of the World Meet;



Six months after the closing ceremonies? Why six months?
Why not until the pilot arrives home in the US after the competition?

• am aware that USHPA sponsors, suppliers and licensees provide critical support
for the Team and, in recognition of this fact, I will wear designated USHPA
apparel when practical at (1) all official World Meet functions and events,
including Opening, Closing Ceremonies and (2) at media events (including press
conferences) hosted by the USHPA or the FAI; I also understand that the USHPA
strongly encourages me to wear designated USHPA apparel whenever possible, and
that I will be expected to wear designated USHPA apparel at USHPA hospitality
functions;

What sponsors? The team is sponsored/supported by the Free
Flight Foundation, individual members of the USHPA, and hang gliding related
businesses. There has not been any substantial sponsorship beyond this. This
support has been most welcome but it must be recognized that it is not
substantial and has been totally the result of the fund raising efforts of the
National team members.

There is no large corporate sponsorship. For the most part the National team
members pay their own expenses to attend the World Championship. You can find
the supporters of the 2009 US National hang gliding team here:
http://flytec.com/worldteam/thankyou.html.  All these supporters and
sponsors were recruited by the efforts of the 2009 National team members. All
the contribution were very much appreciated, but none was over $1,000, other
than the $2,500 in entry fees paid by the Free Flight Foundation.

There were and are no suppliers and licensees. Wills Wing support through the
use of their gliders a number of the members of the US National team as Wills
Wing representative pilots (not as National team members).

The 2007 and 2009 US National hang gliding teams designed and paid for their own
team tee-shirts and did not receive any USHPA apparel. The National teams are
reluctant to wear USHPA apparel as they do not identify with the USHPA.

I don't recall that the USHPA offered the 2007 or 2009 USHPA teams any apparel.

• will not conceal or cover-up any USHPA sponsor, supplier or licensee brand
or other identification appearing on my delegation apparel during Opening, or
Closing Ceremonies or at any other function or event where designated USHPA
apparel is required;

Hard to do that when you don't have any USHPA apparel to
begin with.

• will attempt to participate in media and sponsor-related activities if
compatible with my training and competitive schedule, when requested by the
USHPA;

• will not act as a journalist, media liaison or in any other media capacity
during the period of the World Meet;

The original point of this provision (wherever it was
lifted from) was to protect the rights of the holders of the media contracts for
the Olympics. That these networks would have exclusive rights to report on the
results of the competition. They tried to restrict the rights of competitors to
do their own blogging about the competition.

First, no media organization has purchased any rights to the Hang Gliding World
Championships ever, so this provision is mute. Second, the media organizations
lost in court and the competitors can indeed report on the competition (as long
as they don't infringe copyright). See for example, here:
http://www.citmedialaw.org/blog/2010/olympic-athletes-can-tweet-their-hearts-content.

This provision is inapplicable to our sport which needs all the media exposure
that it can get. Good, bad or indifferent. 




• will act in a way that will bring respect and honor to myself, my teammates,
the USHPA, the United States and the World Meet;

• have acted and will act in a sportsmanlike manner consistent with the spirit
of fair play and responsible conduct;

• will maintain a level of fitness and competitive readiness that will permit my
performance to be at the maximum of my abilities;

• will refrain from conduct detracting from my ability or that of my
teammates to attain peak performance, including, by way of example, violating
established curfews;

What is with it with this curfew thing?

• will respect the property of others whether personal or public;

• will respect members of my Team, other teams, spectators and officials, and
will not engage in any form of discriminatory behavior or verbal, physical or
sexual harassment or abuse;

• understand that if I require legal representation because I am accused of
criminal misconduct, or if for any other reason I require the services of an
attorney, I will be personally responsible for payment of all such legal fees
and expenses; and

• will remember that at all times I am an ambassador for my sport, my country
and the USHPA.

PILOT WORLD MEET FORMS Part III

Grievance Procedures

INTRODUCTION

These Procedures shall be followed in (1) disputes concerning selection to and
participation in the World Meet and (2) grievances concerning Code of Conduct
(Code) violations. These Procedures are a component of the Code and are
established to ensure a fair and impartial procedure for the hearing of all such
disputes and grievances. For the purposes of these Procedures references to
“Team” includes all individuals who are Pilot members, coaches, team leaders,
administrators and officials of the Team.

JURISDICTION

The USHPA has exclusive jurisdiction:

1) over a dispute concerning selection to and participation in the World Meets
after an individual has been nominated to the USHPA National Team

2) over a Code of Conduct violation (a) after an individual has signed the Code
and been nominated to the USHPA National Team,

Notwithstanding the above, jurisdiction may be authorized as soon as the team
selection is determined as stated in the USHPA Sanctioning Rulebook, by the
USHPA President. Any Complaint filed under these Procedures must be filed before
60 days of the Closing Ceremonies of the World Meet. An individual does not have
standing to file a Complaint under these Procedures concerning his/her selection
to and participation in the World Meet if the claim:

1) involves the final decision of a World Meet Organizer (or any individual with
discretion to make that decision from the World Meet Staff) during a competition
(a set forth in the rules of the competition to be within the discretion of the
meet organizer or director), unless the decision is (a) outside the authority of
the meet organizer or director to make or (b) the product of fraud, corruption,
partiality or other misconduct of the meet organizer or director.

FILING A COMPLAINT

The following individuals shall have the authority to file a complaint under
these Procedures:

1) any pilot selected per the USHPA sanctioning rulebook and who believes he or
she has been wrongfully denied the opportunity to participate in the World Meet;

2) the USHPA Competition Chair, the USHPA President, a team leader of the Team,
who believes that a violation of the Code has occurred.

A Complaint filed pursuant to these Procedures shall be in writing and signed by
the Complainant. It shall be filed with the USHPA President or his/her designee,
with a copy to the USHPA General Counsel. The Complaint may be filed by hand,
mail, overnight courier, facsimile or electronic mail. However, to ensure
delivery and have proof of filing the complainant must request and receive a
written notice from the USHPA President, or his/her designee, confirming receipt
of the Complaint. The Complaint shall set forth:

1) the names of the parties (the Complainant and Respondent);

2) the jurisdictional basis of the Complaint;

3) a concise statement of the factual allegations, including the basis upon
which (a) the Complainant was denied selection to or participation in the World
Meet, or (b) the Respondent has violated the Code;

4) the relief sought. A person notified of a filing of a Complaint who may be
adversely affected under these Procedures shall have the option to participate
in arbitration before the American Arbitration Association (AAA) as a party. A
person so notified shall be bound by the decision of the Arbitrator regardless
of the person’s decision to participate.

Who pays for this?

PROCESSING THE COMPLAINT

Upon receipt of the Complaint, the USHPA President, or his/her designee, shall
promptly:

1) send the Complainant written notice confirming receipt of the
Complaint;

2) send to any individual or organization who is named by the Complainant, or
that the USHPA determines may be adversely affected, a copy of the Complaint, an
invitation to respond in writing to the Complaint, and a copy of these
Procedures; and,

3) notify the USHPA Competition Chair, the USHPA FAI representative, USHPA
Council, USHPA Team Leader, and USHPA Executive Committee and provide them with
a copy of the Complaint.

INVESTIGATION OF THE COMPLAINT

Upon receipt of the Complaint, the USHPA PRESIDENT, or his/her designee, shall
cause an investigation to be made as to the allegations set forth in the
Complaint. The undersigned hereby agrees to fully cooperate in the investigation
described above, including by facilitating the collection of all relevant
documents and participating in interviews. Failure to cooperate may be commented
upon, and form the basis for an adverse determination, at any hearing.

RESOLUTION OF THE COMPLAINT

Following submission of the Complaint, the USHPA President, or his/her designee,
shall attempt to resolve the dispute to the satisfaction of the parties. Any
agreed-upon resolution must include the written acknowledgment by the parties of
that resolution.

EXECUTIVE COMMITTEE HEARING

In disciplinary matters arising out of the Code, the Executive Committee (EC)
shall hear the Complaint. In such cases, the EC shall notify the parties of the
hearing date, time and place. The Complainant shall be afforded an opportunity
to be heard and to present any evidence or argument in support of the Complaint.
The Respondent shall be afforded an opportunity to be heard and to present any
evidence or argument in the Respondent’s defense. The EC shall inform the
parties of its decision in writing. The EC may impose any penalty it considers
appropriate, including those penalties listed in these Grievance Procedures. The
Respondent may appeal any decision made by the EC to the AAA.

What expertise or experience does the EC have with respect
to competition?

Notwithstanding the above, the Respondent may bypass the EC hearing and file a
demand immediately with the AAA.

AAA HEARING

A party to the dispute may at any time file a claim with the AAA for resolution,
except that in disciplinary matters, only the Respondent may file a claim with
the AAA. An Arbitration brought pursuant to these procedures shall be conducted
according to the Commercial Rules of the AAA. The AAA Rules shall be readily
available from the president, or his/her designee. If notified, the undersigned
hereby agrees to appear and testify at any hearing conducted pursuant to these
Procedures. The Party to the dispute who files a claim with the AAA for
resolution agrees to pay one half of the Arbitrator’s fees.

I would suggest that these fees are substantial.

DECISION

The AAA Arbitrator shall provide a written decision setting forth the reasons
for the Arbitrator’s decision. The Arbitrator shall send the decision to the
parties and to the President. The decision of the Arbitrator shall be final and
binding on all parties.

PENALTIES

The Arbitrator, after consulting with the USHPA Competition chair or others of
the Arbitrator’s choosing, may impose any penalty deemed appropriate for a Code
violation, including, but not limited to:

1) expulsion from the Team and mandated return home or away from official Team
areas, regardless of whether or not the Team member's competition has taken
place;

2) recommendation to the USHPA of the loss of privilege to participate in the
World Meet,

3) denial of funding from the USHPA sponsors;

4) return of the Team member’s uniform and all other attire provided as part of
the Team;

Uniform? Oh holy hell.

5) performance of a specified task or tasks, such as a formal written and/or
oral apology or restitution;

6) denial of the privilege to participate in
Opening and/or Closing Ceremonies.

PILOT WORLD MEET FORMS Part IV General Release

This form must be executed without alteration in order for an individual to be
eligible to participate at the World Meet.

MEDIA RELEASE AND LICENSE

I hereby agree to be filmed, videotaped and photographed, and to have my name,
image, picture, likeness, voice and biographical information otherwise recorded,
in any media, during the World Meet by the USHPA, by the USHPA’s official
photographer(s), film crew(s) and video crew(s), and by any other entity
authorized by the USHPA, under the conditions specified by the USHPA. I hereby
grant the USHPA the irrevocable, perpetual, fully paid-up, worldwide right and
license to use, and to authorize third parties to use, in all media, the Footage
for: (1) news and information purposes, (2) promotion of the World Meet and the
specific competition(s) in which I compete, (3) promotion of the Team, and (4)
promotion, of the USHPA, provided that, in no event may the USHPA use or
authorize the commercial use of the Footage in any manner that would imply my
endorsement of any company, product, or service, without my written permission.

WAIVER AND RELEASE

Note: This form must be read and signed in unaltered form before the participant
is allowed to take part in any travel, training, competition, meeting or act as
a member of the USHPA National Team. By signing this form, the participant
affirms having read and understood it.

In consideration of my involvement at the World Meet under the auspices of the
USHPA acknowledge, appreciate and agree that:

I risk bodily injury, including paralysis, dismemberment, disability and death,
and while particular rules of the sport, equipment, and discipline may reduce
this risk, this risk of injury does exist, as well as the risk of damage to or
loss of property;

I knowingly and freely assume all such risk, both known and unknown, even if
arising from the negligence of the releasees or others;

I willingly agree to comply with the stated and customary terms and conditions
for participation;

I, for myself, and on behalf of my heirs, assigns, personal representatives and
next of kin, hereby release, hold harmless and promise not to sue the USHPA or
their respective sponsors, officers, volunteers, staff, and/or agents (all
referred to as “releasees”), with respect to any and all such injury and loss
arising from my participation, whether caused by the negligence of the releasees
or otherwise, except that which is the result of gross negligence or willful
misconduct of the releasees, to the fullest extent permitted by law.

PILOT WORLD MEET FORMS Part V Signature Page

I have read the Code of Conduct, Grievance Procedures and General Release. I
agree to the rules, guidelines, jurisdiction and procedures stated in these
documents, and fully understand and accept my responsibilities as a participant
in the next World Meet.

 ___________________________________

Participant's Signature

___________________________________

Participant's Name (Printed)

__________________________________

Sport (Hang Gliding or Paragliding)

 __________________________________

Date of Signature

Additional Part II Code of Conduct Items to be given to Tim Herr for legal
review and consideration at the next BoD meeting.

• will submit to a physical examination by USHPA medical personnel if my ability
to compete is compromised due to physical injury and I understand that such
injury may be cause for my not being selected to the Team, being removed from
the Team, or not being allowed to participate if I remain on the Team.

• will not commit a doping violation as defined by the World Anti-doping
Agency (WADA), United States Anti-Doping Agency (USADA), my International
Federation (IF), the International Olympic Committee (IOC), or USOC rules;

I wonder how many members of the National team we would
have if this provision was actually carried out.

• am not currently serving a suspension because of an anti-doping rule violation
and have no pending or unresolved anti-doping rule violation, except as I have
listed on Attachment A, and I understand that such suspension, or pending or
unresolved antidoping rule violation may be cause for my not being selected to
the Team;

• will not engage in any conduct that is criminal under any laws applicable to
me, including, but not limited to laws governing the possession and use of drugs
and alcohol and providing of drugs to any person and of alcohol to minors;

• will not participate or assist in any gambling or betting activities
associated with any event related to the World Meet;

• have never been convicted of violating a criminal law and have no pending
indictment or a pending charge, except as I have listed on Attachment A (except
for misdemeanors, which, if known, would not be a factor in my selection as a
Team member or convictions as a minor which have been legally sealed), and I
understand that such conviction, indictment or criminal charge may be cause for
my not being selected to the Team;

This is not the case. You get on the team by doing well in
competition. There is no other criteria.

• will not use, or authorize the use of my name, person, image, picture, voice,
or any of my sports performances for advertising or promotional purposes during
the Meet period without the prior written consent of the USHPA;

The meet period is not defined. The USHPA does not have
any rights in this area. We want Wills Wing, for example, to promote their
gliders based on the results of their pilots.

• will not use or authorize the use of the following items for the purpose of
trade, without the prior written consent of the USHPA (which consent shall not
be unreasonably withheld) (1) photographs, films, videos, or other images of
myself in the apparel or equipment provided by the USHPA for the World Meet; (2)
photographs, films, videos, or other images of myself from the World Meet; (3)
any World Meet medals; and (4) photographs, films, videos, or other images of
myself with any World Meet medals.

Again with this non existent USHPA apparel. Someone is not
aware of what actually goes on and this has all the appearance of a cut and
paste job.