Common use of Anti-Doping Clause in Contracts

Anti-Doping. 49.1 It is acknowledged by the Parties that it is fundamentally important to the Game that the Game remains as free as possible from doping and the use of prohibited substances and methods. 49.2 SARU has introduced anti-doping regulations which are in line with principles established by WR and the World Anti-Doping Association. It is acknowledged that the Players will, from time to time, be tested not only under these regulations, but also under anti-doping rules applied by the South African Institute for Drug-Free Sport. 49.3 The Provinces and SARU shall ensure that adequate and appropriate anti-doping education is provided to the Contracted Players in relation to anti-doping measures and relevant codes and shall consult with – and where necessary seek the assistance of – SARPA, in providing such education. 49.4 In the event that a National Player or a Player who is utilised by XXXX in an International Competition, is accused of having committed an anti-doping offence and the Player maintains that he ingested the substance inadvertently, through no fault or negligence of his own or through no significant fault or negligence of his own, XXXX and XXXXX will be responsible for the costs of the Player’s legal representation at the proceedings before the SAIDS disciplinary panel in equal shares and, if applicable, any appeal tribunal. In the event that the Player’s period of ineligibility is not decreased in terms of the decision of the relevant SAIDS or CAS panel or tribunal, as the case may be, these costs shall be repayable to SARU and SARPA by the Player. However, should the Player’s legal representative advise SARU and SARPA that, based on all the evidence available, the Player’s chances of success are remote, SARU and SARPA may in its discretion decide to withdraw any further funding. 49.5 In the event that a National Player is tested positive for a banned substance and accused of having committed an anti-doping offence, his/her contract may be suspended after three months from the date of being notified of such positive test, provided that SARU shall, prior to terminating the Player Contract, must have complied with its undertakings in clause 49.7 below and shall substantially comply with the procedures set out in the Labour Relations Act 66 of 1995 entitling the Player to a fair hearing. If the doping offence cannot be proven by the anti-doping agency involved or the National Player's period of ineligibility is reduced to less than three months, the National Player must be reimbursed for the income forfeited during the period that his contract was suspended for. 49.6 In the event that a Provincial Player is tests positive for a banned substance and/or is accused of having committed an anti-doping offence, his contract may be suspended after three months from the date of notification by the Anti-Doping Agency of such positive test, provided that: 49.6.1 the Province and SARU has complied with its obligations in clause 49.8 below; 49.6.2 prior to suspending the Provincial Player’s contract, the Province and SARU substantially complied with the procedures set out in the Act entitling the Provincial Player to a fair hearing; and 49.7 If a Player contemplated in clause 49.4 is subsequently found not guilty of the anti-doping offence, the suspension shall be uplifted immediately, and the Player shall be reimbursed any Remuneration lost as a result of the suspension. 49.8 The Province and SARU undertakes - 49.8.1 never to require of any Contracted Player to ingest any prohibited substance and to ensure that a person who does so on its behalf is properly disciplined; 49.8.2 to ensure that all supplements, food and beverages provided to a Contracted Player, as the case may be, will not be contaminated by any prohibited substances; and 49.8.3 to properly educate the Contracted Player on the dangers of doping and on how to apply for Therapeutic Use Exemptions. 49.9 The Contracted Players undertake never to take any supplement/s unless approval of its use has been granted by a Member of the medical team of the Province or SARU.

Anti-Doping. 49.1 It is acknowledged by the Parties that it is fundamentally important to the Game that the Game remains as free as possible from doping and the use of prohibited substances and methods. 49.2 SARU has introduced anti-doping regulations which are in line with principles established by WR and the World Anti-Doping Association. It is acknowledged that the Players will, from time to time, be tested not only under these regulations, but also under anti-doping rules applied by the South African Institute for Drug-Free Sport. 49.3 The Provinces and SARU shall ensure that adequate and appropriate anti-doping education is provided to the Contracted Players in relation to anti-doping measures and relevant codes and shall consult with – and where necessary seek the assistance of – SARPA, in providing such education. 49.4 In the event that a National Player or a Player who is utilised by XXXX SARU in an International Competition, is accused of having committed an anti-doping offence and the Player maintains that he ingested the substance inadvertently, through no fault or negligence of his own or through no significant fault or negligence of his own, XXXX and XXXXX will be responsible for the costs of the Player’s legal representation at the proceedings before the SAIDS disciplinary panel in equal shares and, if applicable, any appeal tribunal. In the event that the Player’s period of ineligibility is not decreased in terms of the decision of the relevant SAIDS or CAS panel or tribunal, as the case may be, these costs shall be repayable to SARU and SARPA by the Player. However, should the Player’s legal representative advise SARU and SARPA that, based on all the evidence available, the Player’s chances of success are remote, SARU and SARPA may in its discretion decide to withdraw any further funding. 49.5 In the event that a National Player is tested positive for a banned substance and accused of having committed an anti-doping offence, his/her contract may be suspended after three months from the date of being notified of such positive test, provided that SARU shall, prior to terminating the Player Contract, must have complied with its undertakings in clause 49.7 below and shall substantially comply with the procedures set out in the Labour Relations Act 66 of 1995 entitling the Player to a fair hearing. If the doping offence cannot be proven by the anti-doping agency involved or the National Player's period of ineligibility is reduced to less than three months, the National Player must be reimbursed for the income forfeited during the period that his contract was suspended for. 49.6 In the event that a Provincial Player is tests positive for a banned substance and/or is accused of having committed an anti-doping offence, his contract may be suspended after three months from the date of notification by the Anti-Doping Agency of such positive test, provided that: 49.6.1 the Province and SARU has complied with its obligations in clause 49.8 below; 49.6.2 prior to suspending the Provincial Player’s contract, the Province and SARU substantially complied with the procedures set out in the Act entitling the Provincial Player to a fair hearing; and 49.7 If a Player contemplated in clause 49.4 is subsequently found not guilty of the anti-doping offence, the suspension shall be uplifted immediately, and the Player shall be reimbursed any Remuneration lost as a result of the suspension. 49.8 The Province and SARU undertakes - 49.8.1 never to require of any Contracted Player to ingest any prohibited substance and to ensure that a person who does so on its behalf is properly disciplined; 49.8.2 to ensure that all supplements, food and beverages provided to a Contracted Player, as the case may be, will not be contaminated by any prohibited substances; and 49.8.3 to properly educate the Contracted Player on the dangers of doping and on how to apply for Therapeutic Use Exemptions. 49.9 The Contracted Players undertake never to take any supplement/s unless approval of its use has been granted by a Member of the medical team of the Province or SARU.