This Agreement serves as a contract between the Examiner (“you”) and the IKO (International Kiteboarding Organization). This Agreement should be read carefully, as it determines the parameters of your rights and obligations as an independent contractor.

By accepting this contract, you agree to the terms and conditions outlined below. You further agree that this Examiner Contract Agreement forms a legally binding contract between you and the IKO, and that it constitutes your signed consent to these terms under any applicable law or regulation. Any rights not expressly granted herein are reserved by the IKO. This Agreement is subject to change by the IKO without prior notice.

1. Relationship between You and the IKO:

IKO Examiners represent one of the highest levels of kiteboarding instruction worldwide. The role of Examiners is very important, as they are the ones who train future instructors to enter the IKO workforce.

• Examiners represent the IKO when traveling to different locations to run various IKO courses, such as ITC, ATC, KMC. Examiners must stay in touch with the evolution of the sport by keeping up-to-date with all standards, new teaching techniques and methodologies, as well as be able to answer any related questions.

• First-year IKO Examiners will generally be assigned to a maximum of four ITCs, depending on their evaluation and on the need of the IKO. The IKO can assign more training if the demand is high.

• The recommended Examiners compensation for ITC/IEC is outlined in the IKO’s ITC Organizer Guide. The ITC/IEC Organizer is responsible to pay Examiners compensation. It is not paid by the IKO. Examiners must be able to provide an invoice to the Organizer upon request. This invoice may be subject to taxes depending on Examiners country jurisdiction and status.

• This Agreement shall not render Examiners an employee, partner, agent of, or joint venture with the IKO for any purpose. Examiners are and will remain independent contractors in their relationship to the IKO.

The IKO shall not be responsible for withholding taxes from the compensation of the Examiners. Taxes are their responsibility. Examiners shall have no claim against the IKO hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

By becoming an IKO Examiner, you agree to adhere to, respect and follow the training concept and standards developed by the IKO. As an IKO Examiner, you commit to:

• Run the Instructor Training Courses (ITC) assigned to you according to IKO standards.

• Respect the IKO standards and prerequisites for accepting candidates into ITCs

  • Be at least 18 years old,

  • Be a certified IKO Kiteboarder Level 4

  • Have a valid IKO Assistant certification,

  • Have a valid first aid and CPR,

  • Pass the 3 online Pre-ITC tests with a minimum score of 70%,

  • Be able to read, write and speak fluently the language the course is given,

  • Sign the ITC candidate waiver and participation form.

• Send the completed summary table to IKO after each ITC within two days following the training.

• Run at least two ITCs per year.

• Download and follow the IKO updates (when updates are noticed). The Examiners Resources provide the latest information on the newest IKO practices and policies.

• Carefully read all communication sent by the Training Department and answer to its questions within the given deadline.

• Continue to teach students and certify their levels with the IKO Kiteboarder Card.

• Wait for the confirmation of IKO headquarters before confirming an ITC with an Organizer.

• Validate the internship of ITC students who have completed with a Level 2 or higher.

• Run at least one School Compliance Check (SCC) per year in each school you run ITCs or KMCs.

As IKO Examiner, you can also:

• Validate the internship of Candidate Instructors level 1.

• Train and certify IKO Assistant Instructors.

• Teach up to four students with four kites simultaneously.

2. IKO Examiner Code of Conduct:

The IKO Examiner Code of Conduct requires that Examiners:

• Be an upholder of the IKO.

• Complete any additional training as required by the IKO to maintain credentials. This may include OEC (Online Education Courses).

• IKO examiner owning a school must affiliate it as an IKO Affiliated Center.

• Run at least 2 ITC per year

• Do not exceed their authority or abuse their position for any reason.

• Must maintain a professional image, which requires them to exhibit self-control and act responsibly at all times.

• Use appropriate language at all times. Do not verbally abuse anyone, even if provoked.

• Do not get into a physical altercation, even if provoked.

• Refrain from smoking, drinking, or consuming any illegal substances in front of Candidate Instructors, or in the presence of any instructor or student.

• Adhere to the IKO training standards at all times, which includes only training Candidates that meet the ITC prerequisites, and validating Candidates as Instructors only when they complete all requirements successfully.

• Agree to follow-up on internship requirements for all Instructors assigned internship hours.

• Represent the IKO on-site during each Training. A School Compliance Check (SCC) must be run during each ITC (if more than one ITC is organized in the same school, at least one SCC must be run per year)

• Be willing to submit to an inspection, and evaluation by the Training Coordinator or other person authorized by the IKO.

• Do not ask any ITC Candidates to sign any other non-IKO recognized agreements or documents.

• Do not engage in any willful conduct that conflicts with the goals of the IKO.

• Remain neutral and diplomatic at all times. Examiners are required to work with the utmost professionalism by being fair and impartial when evaluating all Candidate Instructors. Examiners should treat everyone in the course equally.

3. Exclusivity:

The partnership between an Examiner and the IKO is exclusive. This means that as an Examiner:

• You may not sign a similar partnership agreement with another kiteboarding organization that has activities similar to those of the IKO until the Agreement with the IKO has terminated. Additionally, as an Examiner you agree not to work for a similar organization for one year following the termination of your contract with the IKO.

• You may not use the IKO label for any purpose that has not been approved prior to use.

• You may not promote another similar organization.

• You may not use the contents of the IKO Instructor Training Course for any other purpose than to train Instructors or Kiteboarders under the IKO label.

4. Insurance Policies:

IKO Examiners are required to procure IKO liability insurance under the IKO group contract. If IKO insurance is not available for a specific location, Examiners must procure their own insurance, or make sure that the ITC organizer’s coverage can include the Examiner’s work during ITCs. The insurance coverage must be valid for the specific location to run any IKO training.

5. Trademarks:

IKO is the owner of the copyrights of all training manuals and books for students, including: the Instructor’s Manual, Snowkite Instructor Manual, Powerkite Instructor Manual, Powerkite Trainer Manual, Powerkite Master Trainer Manual, KMC Manual, KCC Manual, IKO Standards, Snowkiter’s Workbook, Kiteboarder’s Workbook, Powerkiter Handbook, Assistant Manual, Assistant Trainer Manual, ITC Organizer Guide, KMC/KCC Organizer Guide, Kiteboarding Vision. Ikorg.com, ikointl.com, ikosnow.com, IKO and all related logos, products and services described are either trademarks or registered trademarks of IKO, and may not be reproduced, copied, imitated or used, in whole or in part, without the prior written permission of the IKO.

6. Intellectual property:

The Examiner must use the Intellectual Property of the IKO in a professional manner and solely for authorized purposes. The Examiner must not allow a third party to use the Intellectual Property of the IKO without IKO’s express prior written approval. The Intellectual Property of IKO may not be used for individual personal or professional gain or other private benefit, and it may not be used in any manner that discredits IKO or tarnishes its reputation and goodwill, is false and misleading, violates any other public policy, or mischaracterizes the relationship between IKO and the Examiner. This clause shall remain in effect after the termination of this contract.

7. Disclaimers:

In no event shall IKO be liable for damages caused to a third party by intentional misconduct or for any indirect, special, incidental, consequential or punitive damages whatsoever, arising out of or in any way related to the Examiner use of or inability to use the IKO standards and certification. In no event shall IKO be liable for any act or omission of any third party or any circumstances beyond the IKO’s control.

8. Travel Disclaimer:

In no event shall IKO be held responsible for reimbursing the travel costs of an Examiner who experiences a trip delay or cancellation due to problems encountered with Customs or Immigration. It is each Examiner’s obligation to be informed about the entry rules and visa requirements of each country in which s/he will be working, and to obtain the necessary documentation for travel beforehand. In the event of a refusal of entry or of any other related issue, the Examiner will take full responsibility for any penalties or charges incurred.

9. Registration Information:

You agree to provide true, accurate and complete registration information and to maintain and promptly update your online profile as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, IKO has the right to terminate this contract.

10. Passwords:

Various information on the IKO web site are reserved to IKO professionals only. As an Examiner, you have access to additional information. You may not reveal your account password(s) to anyone else, nor may you use anyone else's password to access IKO web site.

11. Assignability:

You may not transfer any rights or obligations you may have under this Agreement to a third party.

12. Non-disclosure:

As an examiner you will have access to privileged or sensitive information such as: any internal documents, communications; customer lists; and other restricted information. This access is only granted for the specific needs of the IKO Examiner, and you agree to not use, disclose, share, copy or transmit any of this type information for any unapproved purpose, even after the termination of your contract.

13. Duration and Termination:

Without cancellation from any party, this contract is automatically renewed as long as the Examiner’s status and membership are valid.

Both party may terminate this Agreement at any time with thirty-business day’s written notice to the other party, and at least 2 months before any confirmed ITC. In addition, if the Independent Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or IKO Standards, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, IKO at any time may terminate this Examiner Agreement immediately and without prior written notice to the Independent Contractor.

14. Arbitration:

This Agreement is governed by and interpreted under the laws of the Dominican Republic. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Dominican Republic.

I have read and accept the terms of this IKO Examiner Agreement. The information that I have provided to the IKO is accurate and complete to the best of my knowledge.

This version of the Examiner’s Contract is the one which is in force and is binding.