BDO agreement re IDL/WDT

In August the BDO released the following statement:

The Board of Directors of the British Darts Organisation have ratified an agreement with Dutch broadcaster SBS-6 and promoter Ad Schoofs, which will look after the best interests of BDO/WDF playing members competing in both the International Darts League and World Darts Trophy until 2010.

The agreement, which was negotiated with valuable assistance and input from the IDPA, was signed after the recent BDO AGM and represents yet another commitment to the future of darts at the very highest level.

They didnt release any details of the agreement as they said it was confidential. The details have now been leaked, as follows:

Mr Olly Croft OBE
British Darts Organisation Enterprises Limited (“BDO”)
2 Pages Lane
Muswell Hill
London N10 1PS

Dear Olly,

PARTICIPATION OF DARTS PLAYERS IN THE INTERNATIONAL DARTS LEAGUE AND WORLD DARTS TROPHY EVENTS

Further to our meeting on 29 March 2006, we write to confirm the agreement that was reached in relation to the participation of darts players in certain international darts tournaments to be held in each of the 2006 – 2010 seasons (inclusive).

In this regard, we confirm that: (a) Maximum Score BV (“Ad Schoofs”) is the owner and promoter of the international darts tournaments known as the International Darts League and the World Darts Trophy, each of which is held annually in Holland (hereinafter together referred to as the “Events”), and (b) SBS Broadcasting BV (“SBS”) has been granted the exclusive licence to broadcast each of the Events scheduled to be held in each of the 2006 – 2010 seasons (inclusive). On that basis, the following was agreed:

1 SBS and Ad Schoofs will procure that:

(a) each Event is staged annually during the period 2006 – 2010 (inclusive);

(b) if, at the time of the deadline for entry into each of the Events:

(i) Raymond Van Barneveld is ranked in the top 4 players registered to play with the Professional Darts Corporation (“PDC Players”), the participants at that Event will be made up of a maximum of 4 PDC Players and a minimum of 28 players registered to play with the British Darts Organisation and/or World Darts Federation (“BDO/WDF Players”);

(ii) Raymond Van Barneveld is not ranked in the top 4 PDC Players and he participates in the Event in question, the participants at that Event will be made up of a maximum of 5 PDC Players (including Raymond Van Barneveld himself) and a minimum of 27 BDO/WDF Players; or

(iii) Raymond Van Barneveld is not ranked in the top 4 PDC Players and he does not participate at the Event in question (for whatever reason), the participants at that Event will be made up of a maximum of 4 PDC Players and a minimum of 28 BDO/WDF Players.

(c) in the event that that any of the PDC Players participating in any of the Events is, in the BDO’s reasonable opinion, responsible for bringing the sport of darts and/or the BDO (and any of its officials) and/or the IDPA (and any of its officials) and/or any of the Events into disrepute, all subsequent Events shall comprise of 32 BDO/WDF Players only.

(d) all participants in the Events will be made aware of the agreement described in clause 1(b) (above) by including appropriate wording in all entry forms signed by the participants as a condition of entry to each of the Events.

(e) Ad Schoofs will have the sole decision-making power and responsibility for the appointment of the senior stage host/referee and the Event callers for all of the Events.

2 In consideration for the undertakings given by SBS and Ad Schoofs in clause 1 above, the BDO will:

(a) procure that the standard BDO/WDF ranking points (as awarded in the 2005 Events) will be awarded to each of the BDO/WDF Players participating in the relevant Event;

(b) in the event that SBS gives notice in writing (at least three months before the relevant Event) to the BDO indicating that it wishes to alter the number of participating PDC Players in any of the Events to be held in 2008, 2009 or 2010, enter into good faith negotiations with SBS and Ad Schoofs for a period of at least one month in order to agree the revised number of participating PDC Players. In the event that the parties fail to reach an agreement by the end of this period of negotiation, either party shall have the right to terminate this Agreement (without penalty) with immediate effect; and

(c) in the event that it is considering the organisation of any other darting event involving the participation of BDO/WDF Players to take place in Holland during the term of the Agreement, notify SBS of such considerations and enter into exclusive good faith negotiations with SBS and Ad Schoofs for a minimum period of at least one month in order to determine whether such event should take place (and if so, in what format) and to agree a promotion/organisation agreement for such event with Ad Schoofs and a television broadcast agreement with SBS covering the broadcast of such event in Holland. In the event that the parties are unable to agree on the terms of any such broadcast agreement and/or promotion/organisation agreement by the end of this period of exclusivity, the BDO shall be free to negotiate and conclude an agreement with any third party.

3 Should any party indicate to all the others in writing that it wishes to review and/or change the terms of this Agreement, then it is agreed that all parties will negotiate with each other in good faith in order to reach a new agreement on terms acceptable to all parties. In the event that all of the parties are unable to agree the terms of a revised agreement, then unless otherwise terminated in accordance with clause 2(b), this Agreement shall remain in force.

4 Subject to clause 1(d) above, all parties agree and acknowledge that the terms of this Agreement (and all matters relating or connected to its operation) shall be treated as confidential and that they shall not disclose the same to any third party (other than its professional advisers who shall also regard these terms as confidential) save as may be necessary in order to comply with any law or regulatory requirement.

5 This letter contains the entire agreement of the parties with respect to the participation of darts players at the Events and supersedes all prior agreements between the parties and prior representations made by either party, whether oral or written relating to such subject matter.

6 The parties agree and acknowledge that the terms of this Agreement are unique and that damages for breach of this Agreement may therefore be an inadequate remedy. Consequently, each party agrees that each of the other parties shall, in addition to any other rights available to them at law or in equity, be entitled to seek injunctive or other relief against the relevant party, in order to secure the performance of its obligations hereunder.

7 This letter shall be governed by and construed and interpreted in accordance with English Law, and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
Please confirm your acceptance of these terms by signing and returning to us the enclosed copy of this letter.

Yours sincerely

……………………………….… ………………………………………
On behalf of SBS BROADCASTING BV On behalf of MAXIMUM SCORE BV