Note: In case of doubt the German version shall be binding.
Infinite Drop High Diving By-laws.
Art. 1 – Name, registered offices and legal form
Infinite Drop High Diving (hereafter called “Infinite Drop”) is a politically and religiously neutral association in the sense of Art. 60 ff of the Swiss Civil Code (CC). Infinite Drop’s domicile is at the association’s office.
Art. 2 – Purpose
Infinite Drop is a sports association for promoting High Diving and organising High Diving competitions, shows, workshops and similar.
Infinite Drop serves its purpose by:
- Technical regulations
- Selection of athletes, jury members, sponsors and media
- Determination of event locations
- Execution of High Diving events
- Presentation of High Diving in diverse media
Within the framework of its purpose, Infinite Drop can conclude all essential legal transactions, notably let itself be represented by agencies; acquire and sell real estates, as well as administer the association’s funds (or let them be administered) and establish partnerships.
Art. 3 – Area of Activity
The area of activity of Infinite Drop is worldwide.
Art. 4 – Organisation
The association’s organs are:
- the general assembly
- the board
- the auditors
Art. 5 – Funds
The association is funded by the following means:
- Proceeds of the execution of events
- Income from performance agreements
- Earnings from sponsorships
- Contributions and subventions provided by public authorities
- Donations and grants of any kind
- Membership fees
Art. 6 – Business Year
Each business year starts on 1 January and ends on 31 December of the same year.
Art. 7 – Liability
Liable for the association’s commitments, is solely the wealth of the association; the personal liability of the members is excluded.
Art. 8 – Data Protection
Based on Article 13 of the Federal Constitution and the provisions of federal data protection legislation, everyone has the right to the protection of their privacy, as well as to protection from misuse of their personal details.
Infinite Drop complies with these provisions by:
- Treating personal data strictly confidential and not selling them to third parties
- Exclusively passing along personal data with the consent of the concerned party
- Deleting contact information whenever requested by the concerned party in writing
- In close collaboration with the hosting partner, endeavouring to protect the databases against attacks, loss, misuse or falsification as good as possible.
Art. 9 – Membership
Membership is open to all persons and organisations that are interested in reaching the association’s purpose.
Following membership categories are available:
- Individual members are natural entities with voting and election rights that exploit the offerings and facilities of the association and/or actively support them.
- Individual members members are natural entities without voting and election rights that support the association’s purpose, but are inactive in the association.
- Organisational members are legal entities without voting and election rights that support the association’s purpose.
- Honorary members are natural entities that have notably supported the association. Honorary members are natural entities without voting and election rights, but the right of participation in general assemblies only. Honorary membership can be conferred by the general assembly upon recommendation of the board.
Art. 10 – Membership Fee
The general assembly can decide upon a possible membership fee. In the event of resignation or expulsion (Art. 15), membership fees already paid will not be refunded.
Art. 11 – Members Rights
Provided a member attends to its duties (Art. 12), it has following rights:
- Members with voting and election rights can participate in the general assembly. They are entitled to receive the agenda in advance as well as being invited to the general assembly in a timely manner.
- Members dispose of voting and election rights at the general assembly according to their membership category (Art. 9).
- According to the membership category (Art. 9) and the respective conditions of participation, members can take part in competitions, workshops and events. For their participation, they are not bound to pay any entry fees or license fees. License fees of other organisations are excluded.
- When selecting athletes for competitions or requesting divers for shows, members that are active High Divers will enjoy an advantage.
Art. 12 – Members Duties
Infinite Drop members have following duties:
- Fulfilling all financial obligations to the association
- Adhering to the Ethics Charta of the Olympic Committee
- Meeting all other obligations that are the result of these statutes or other regulations of Infinite Drop
If the above commitments are contravened by a member, this will lead to sanctions as per these statutes.
Art. 13 – Newsletter
Within the framework of the available means, the association considers the publication of a newsletter for the association’s members as well as interested third parties.
Art. 14 – Membership Application
Membership applications are to be addressed to the board. The board discusses the admission of new members and informs the general assembly accordingly.
Art. 15 – Resignation and Expulsion
Membership expires upon:
- Resignation (resignation may take place at any time)
- Expulsion for “important reasons”. The board is responsible for the expulsion. The concerned person can lodge a complaint against the board’s decision at the general assembly. In case of a complaint, the general assembly decides upon the expulsion by means of a 2/3-majority of the votes cast. Important reasons are namely:
- Gross violation of the by-laws, regulations or association resolutions
- Not meeting the financial obligations despite two written notices
- Damaging the reputation or interests of Infinite Drop due to behaviour
- Gross violation of the Ethics Charta of the Olympic Committee
Art. 16 – General Assembly
The general assembly constitutes the supreme body of the association. It consists of all members with voting and election rights and takes place annually. Upon requirement, the board can call an extraordinary assembly. The board decides upon time and place of the assembly.
The general assembly is conducted by the board’s president or another member of the board. Decisions made by the general assembly are passed by a plurality of the votes cast unless otherwise provided in these statutes. In the event of a tie, the board’s president has the casting vote. The voting is performed with a raising of hands. Voting by proxy is not possible.
Members will be invited to the general assembly in writing, at least two weeks prior. Invitations via e-mail are valid. Every proposal made by a member at least 10 days prior to the assembly in writing has to be placed on the agenda (of the regular or extraordinary general assembly).
Art. 17 – Duties of the General Assembly
The general assembly is responsible for following duties:
- Approval of the last general assembly’s protocol
- Approval and modification of the statutes
- Election of board members and auditors
- Determination of the focus and management of the association’s activities
- Approval of reports, financial statements and budgetary decisions
- Deciding upon discharging board members and auditors
- Determination of the annual membership fee
- Statement regarding other projects on the agenda
- The general assembly can comment on (or asked to comment on) every topic that has not be consigned to another organ
Art. 18 – Board
The board consists of at least three members, each elected by the general assembly for a two year period. Re-election is permitted. The board constitutes itself. The board meets as often as the association’s business requires.
Contrary to members with voting and election rights, a board member can only resign at the end of the financial year as of 31 December. In the case of withdrawal of a board member, the residual board can determine an ad-interim board member. The ad-interim board member has to be approved by the next general assembly.
Art. 19 – Duties of the Board
The board is responsible for following duties:
- Implementation and execution of resolutions adopted by the general assembly
- Leading of the association and taking all measurements necessary for the attainment of the association’s purpose
- Decision in all questions that are not explicitly reserved for the general assembly
- Convocation of ordinary and extraordinary general assemblies
- Decision of acceptance and withdrawal as well as the possible expulsion of members
- Controlling compliance with the statutes, constitution of regulations and administration of the association’s funds
- Accounting of the association
- Engaging (and dismissing) paid staff as well as volunteers of the association. The board can assign temporary work contracts to all members as well as external parties.
Art. 20 – Signing Authority
The association is obligated by sole signature of a board member.
Art. 21 – Honorary Activities
Board members perform their duties on an honorary basis. Repayment of expenses is reserved.
Art. 22 – Audit
An audit of the annual financial statement takes place if required by law or demanded by the general assembly.
Art. 23 – Auditor
If an audit takes place according to Art. 22, the general assembly elects two auditors or one legal entity that inspect the accounting and perform occasional checks at least once a year. The auditor will submit reports and propositions to the board, for the attention of the general assembly. Their term of office is two years. Re-election is permitted.
Art. 24 – Obligation
For all members, bodies, functions and employees of Infinite Drop, following is obligatory:
- Statutes and regulations of Infinite Drop
- Decrees, resolutions or provisions of the bodies and their departments, provided that they are responsible according to the statutes, regulations or by decree of the competent body
Art. 25 – Dissolution
The dissolution of the association is decided by the general assembly and requires a 2/3-majority of the votes cast. Provided the association is in possession of assets, they will be transferred to an organisation with similar purpose.
Art. 26 – Validity
These statutes have been accepted at the founding assembly on 9 December 2018.
Thun, 9 December 2018