LES BORNÉES MEMBERSHIP CHARTER
Charter updated August 30, 2024
All participants in the Les Bornées community (hereinafter referred to as “the Community”) agree to accept this charter (hereinafter referred to as “the Charter”), which defines the commitments to values shared by both participants with a Les Bornées membership (hereinafter referred to as “the Members”) and participants without a membership (hereinafter referred to as “the Participants”).
Membership of Les Bornées confers member status.
Any Participant in the Community who has not joined Les Bornées Membership shall nevertheless be subject to the same obligations as those incumbent on Members with regard to respect for the values set forth by the Community, as well as to the rules of safety and civil liability. A Participant who has not joined the Membership shall not be entitled to the benefits of membership.
ARTICLE 1 - DEFINITIONS
Capitalized terms are defined as follows:
– Community : the Community Les Bornées refers to both Participants and Members.
– Events: refers to all activities offered in connection with the Les Bornées community.
– Exclusive information: promotional codes, access to events, event addresses, (non-exhaustive list).
– Members: people with membership.
– Participants: people taking part in Rides les Bornées events who have not signed up for membership.
– Rides: cycling outings organized by a member or participant of the community (variable locations, times).
ARTICLE 2 - PURPOSE OF THE CHARTER
The purpose of this Charter is to draw up a moral contract to which the Participants and Members of the Community subscribe in relation to the values advocated by the Les Bornées Community.
Certain articles of the Charter apply only to Members, and not to Participants in the Community.
Knowledge and acceptance of the Charter are compulsory for both Participants and Members. Subscribing to a Membership implies automatic acknowledgement and acceptance of the Charter and any consequences that may ensue. Subscribing to an Event or a Ride implies automatic acknowledgement and acceptance of the Charter and its consequences.
It should be noted that this Charter can also be signed electronically or on paper. The electronic signature takes the form of a tick in the box indicating that “By ticking this box, you acknowledge and sign the present Charter and its consequences”.
ARTICLE 3 - PRICING
Annual Membership Loisir is available from €5 (five euros) via the Les Bornées association space on the HelloAsso website.
The current price for the Membership Club is one thousand three hundred and fifty (1350) euros including VAT, excluding administration and registration fees. Subscription is made directly online via the Les Bornées website through LBDC Organisation.
These amounts may be re-evaluated at each Membership anniversary.
By way of illustration, for a Membership subscription made on September 1 of year N, the Membership will expire on August 31 of year N+1. In this example, the price paid for year N can be modified when the Membership expires, i.e. from August 31 of year N+1.
ARTICLE 4 - PURPOSE OF MEMBERSHIPS
4.1 Les Bornées community missions
The Community aims to raise the profile of cycling, triathlon, the feminization of sport, gender equality in sport and inclusion in sport.
These objectives are achieved through communications, events and a community where you can find other participants and members with whom to ride, accessible to all, men and women, seasoned athletes and beginners alike.
4.2 Objectives of Les Bornées Memberships
Community Participants are not automatically granted Member status.
Member status is obtained by subscribing to one of the two Les Bornées subscription packages. This subscription confers Member status, subject to meeting the eligibility conditions (see Article 5 of the Charter).
Membership aims to create a close-knit community of athletes who share a passion for cycling or triathlon. Membership also gives access to special exclusive benefits (see Article 8), thanks to the many partnerships Les Bornées has forged with prestigious brands.
4.3 Member status
There are three types of membership: Ordinary Members, Ambassador Members and Founding Members.
– Ordinary Members: Ordinary Members are Participants in the community who have joined one of the Memberships les Bornées. In this capacity, they are subject to the obligations (cf. Article 7) and enjoy the benefits reserved for Members (cf. Article 8), to which Ordinary Members do not have access.
– Ambassador Members : Ambassador Members are chosen by the Founding Members. They are required to respect additional contractual commitments (see Article 7) over and above those to which ordinary Members are subject. Thanks to this status, they also benefit from additional advantages.
– Founding members: only Maude has the status of founding member, and in this capacity, is responsible for any liability that may be incurred against LBDC, in its capacity as owner of the intellectual property elements attached to the Les Bornées Community. However, Maude cannot be held responsible for individual actions, accidents or other facts committed during meetings between Participants, Members or Ambassadors. Her role is limited to creating content, animating communities, negotiating benefits and creating a platform for exchange between participants through Smatchy.app.
ARTICLE 5 - MEMBERSHIP CONDITIONS
To join the Les Bornées Membership, prospective Members must meet a number of conditions.
5.1 Conditions to be met by all Members
Participants wishing to become Members must :
– Membership payment ;
– Be of legal age. It should be specified that a minor participant who registers as an adult in order to obtain a Membership may not in any case bring into play, a posteriori, the responsibility of the LBDC organization or the Les Bornées association.
– Be legally responsible for his/her actions. A participant under guardianship cannot be accepted without additional documents, which must be provided on his/her own initiative. It should be pointed out that a participant under guardianship who registers as an independent person in order to obtain a membership may not in any way hold the LBDC or Les Bornées responsible.
– Be cyclists (level and experience of the cyclist are not taken into account for the granting of Membership) or triathletes.
– Possess all the equipment required for the practice of the sport selected in the context of participation in an Event, including legal and safety items (including, but not limited to: lights, visibility items, helmet, body protection).
– Possess valid civil liability insurance enabling them to be insured in the event of damage caused by themselves or others. It should be noted that a Participant or Member who causes or suffers moral, physical or material damage in the context of a gathering of Participants, Members or Ambassadors, may in no case invoke the liability of the LBDC organization or the Les Bornées association. Each Participant, Member or Ambassador must have valid civil liability insurance. We also recommend that you take out additional insurance, either through a federal license, or through independent insurance companies.
5.2 Requirements for Ambassador Members
In addition to the conditions specified in 5.1, Ambassador Members must also meet the following conditions:
– They must not be affiliated or licensed with a club or association whose corporate purpose or mission is directly or indirectly related to the feminization of cycling. They may, however, be members of cycling and triathlon clubs as part of their individual activities. Should this affiliation conflict with one of the partnerships established with LBDC or Les Bornées, they should inform the founding members and decide on the continuity of their commitment.
– Have a presence on social networks (Instagram and/or Facebook). The level of visibility required is at the discretion of the Founding Members.
5.3 Conditions to be met by all Participants
Participants wishing to access the Events must :
– Have a valid registration made exclusively on the Les Bornées site or on the Les Bornées associative space; registrations on third-party sites are not counted as valid.
– Be of legal age. It should be specified that a minor participant who registers as an adult in order to obtain a Membership may not in any case bring into play, a posteriori, the responsibility of the LBDC organization or the Les Bornées association.
– Be legally responsible for his/her actions. A participant under guardianship cannot be accepted without additional documents, which must be provided on his/her own initiative. It should be pointed out that a participant under guardianship who registers as an independent person in order to obtain a membership may not in any way hold the LBDC or Les Bornées responsible.
– Be cyclists (level and experience of the cyclist are not taken into account for the granting of Membership) or triathletes.
– Possess all the equipment required for the practice of the sport selected in the context of participation in an Event, including legal and safety items (including, but not limited to: lights, visibility items, helmet, body protection).
– Possess valid civil liability insurance enabling them to be insured in the event of damage caused by themselves or others. It should be noted that a Participant or Member who causes or suffers moral, physical or material damage in the context of a gathering of Participants, Members or Ambassadors, may in no case invoke the liability of the LBDC organization or the Les Bornées association. Each Participant, Member or Ambassador must have valid civil liability insurance. We also recommend that you take out additional insurance, either through a federal license, or through independent insurance companies.
ARTICLE 6 - RENEWAL - TERM OF MEMBERSHIP
6.1 Renewal
Membership is valid for one (1) year. Membership must be renewed on the eve of each anniversary.
An automatic e-mail will be sent to each member one (1) week before their Membership expires, offering them the option of renewing for a further year. In the case of automatically renewable Membership subscriptions, renewal is automatic from year to year, and the automatic renewal option can be removed directly from the customer account.
6.2 Membership terms
Membership expires each year on the eve of its anniversary, provided the automatic renewal option has been deactivated. By way of illustration, for a membership taken out on September 3 of year N, membership will automatically expire on September 2 of year N+1.
By way of exception, membership may be terminated before the member’s birthday for the following reasons (this list is not exhaustive):
– The Member no longer meets the conditions set forth in Article 5;
– The Member no longer complies with the obligations set forth in Article 7;
– The Member no longer participates in the objectives of Membership as described in Article 4 of this Charter, or behaves in a manner contrary to the objectives promoted by the Communauté Les Bornées.
– Any behavior that the Founding Members may deem inappropriate with respect to the values advocated and defended by the Les Bornées Community, and with respect to the Les Bornées Community as a whole.
ARTICLE 7 - OBLIGATIONS OF MEMBERS
7.1 Respect for the values promoted by the Les Bornées community
Membership of the Memberships implies adherence to the values set out below:
– Conviviality ;
– Share ;
– Involvement ;
– Ethics ;
– Listen;
– Respect;
– Tolerance;
– Solidarity.
It then automatically excludes you from membership if you violate the values espoused by Les Bornées :
– Racist remarks ;
– All sexist, misogynistic remarks;
– Any physical or verbal endangerment of others.
7.2 Membership obligations
By way of introduction, and irrespective of the membership status held by the person concerned, it should be noted that Membership is non-transferable and non-refundable.
7.2.1 Single members
In addition to respecting the values mentioned in 7.1, and meeting the conditions mentioned in article 5, the single member must :
– Not to distribute information considered exclusive outside the Community.
– Not to offer exclusive benefits to members outside the Community.
On the other hand, the Simple Member is under no obligation in terms of visibility on social networks. They are free to publish and carry out communications designed to promote their cycling within the Les Bornées Community, but are neither obliged to do so, nor can they be remunerated or endowed for these specific purposes.
7.2.2 Ambassador members
By virtue of their status and the advantages attached to it, Ambassador Members have additional obligations to those of Ordinary Members.
These obligations are as follows:
– Organization of regular Rides. The frequency of rides should be bi-monthly, except where logistical or other difficulties arise, and subject to approval by the Founding Members.
– Obligation to file the terms and conditions of Rides on theSmatchy application.
– Obligation to accompany participants on rides. Ambassador members are obliged to supervise the Rides they organize, which means accompanying Participants from the beginning to the end of the route.
– Obligation to communicate (post photos of the Rides on the social networks on which the Les Bornées Community is present), relaying the communication put in place by the Founding Members.
– Embody and disseminate the values of the Community (in return, the ambassador member receives an endowment).
– Membership of any organization or association promoting women’s cycling is prohibited (except for classic clubs affiliated to the FFC/FFTRI), on pain of withdrawal of ambassador status.
– Meet all the conditions listed in the contract signed between the two parties: LBDC and the ambassador.
Please note that the Ambassador Member is a volunteer who does not have a coaching or guiding diploma. They offer sports outings at their own level, in their region or town, as part of their individual sporting activities. Neither LBDC nor Les Bornées is in any way responsible for the physical integrity of the Participants or Members who join them. However, it is authorized that a person organizing an outing may refuse access to a Participant or Member if the latter does not meet the minimum safety conditions for group practice (wearing a helmet, bike in good condition, light if riding at night, etc.).
ARTICLE 8 - BENEFITS
8.1 How membership benefits work
Access to Membership entitles the holder to a certain number of benefits, listed but not limited to in 8.2.
These advantages are granted within the limits of available places and quantities, and according to a “first come, first served” registration system, as soon as registration for the event is open or the forms offering said advantages are sent.
Access to the benefits will be announced by a communication campaign on the social networks that LBDC benefits from (Facebook, Instagram, etc).
Access to event-type benefits will be enabled by a registration system: for example, access to Rides will be conditional on registration on the Smatchy application. Access to events as a whole will be enabled via thestays tab on the Les Bornées website.
For all intents and purposes, registration and participation in Events do not entail any consideration in terms of prizes for Members, unless otherwise specified in the description of the Event.
Similarly, registration or participation in Events is not an obligation incumbent on Members (unless otherwise stated in the case of Ambassador Members).
8.2 Benefit content
Membership entitles you to numerous benefits. The existence of these advantages is made possible by the various partnerships forged by LBDC on behalf of the Les Bornées Community.
The list of benefits granted as a result of membership is neither predetermined, nor is it limited to what may be announced at the start of the sporting season.
ARTICLE 9 - IMAGE RIGHTS
Membership implies waiver of image rights. More specifically, membership implies authorization for LBDC to use any photograph, video, or other visual or audio medium in which a Member or Participant may appear or in which he/she may express him/herself, in connection with one of the Events organized by the Community.
The authorization thus granted, via subscription to Membership, also entails the possibility for the partners of the Les Bornées Community to reuse the audiovisual content in which Members or Participants may appear. By way of illustration, this re-use may take the form of reposting on social networks, or commercial re-use, etc. (non-exhaustive list).
The Founding Members accept no responsibility for the content that may be published by their partners.
Members, whether individuals or ambassadors, have the right to withdraw any audiovisual content published by Founding Members that could be construed as degrading, stigmatizing or discriminatory towards them, and more generally any content that could undermine their dignity or any of the values promoted by the Community.
To exercise this right to withdraw content, the Members concerned must contact the Founding Members, either via the contact tab on the Les Bornées site (https://lesbornees.com/contact).
ARTICLE 10 - Liability of Founding Members
As Founding Members, Maude and her associates are responsible for the management of the Smatchy platform allowing the organization of Rides by Members or Participants, as well as the organization of Events open to the Community. However, as Founding Members, a certain number of responsibilities do not fall to them.
10.1 Weekend Rides organized by Ambassador Members
Founding Members are not responsible for the organization of Rides proposed by Ambassador Members.
The Founding Members are not responsible for any accident that may occur between any Member, any Participant or any third party, during one of the Rides organized by the Ambassador Members.
Each Participant, each Member and each third party may be held civilly liable for their involvement in an accident of any kind whatsoever. We strongly recommend that you take out an additional insurance policy, either a federal license or independent insurance.
10.2 For non-Participants or non-Members
Founding Members are not liable for :
– any person who is neither a Member nor a Participant and who decides to join one of the Rides Les Bornées in one of the towns in which the Community is present.
– any accident that occurs during one of the Rides Les Bornées, unless a Founding Member is involved in the accident, in which case his/her personal civil liability may be invoked.
10.3 With regard to publications and any content published using links, references to the Community
The Founding Members are not responsible for the content of publications or shares made by Members or Participants using references (identifications, hashtags etc…) to the Les Bornées Community, unless these publications or shares are approved in advance by the Founding Members.
ARTICLE 11 - Responsibility of Ambassador Members
As Ambassador Members, they are responsible for the overall coordination of the Rides or Events they organize. However, as Ambassador Members, a certain number of responsibilities cannot fall to them.
Ambassador Members are responsible for refusing access to all persons who have not been officially registered on the Les Bornées site for the Event being organized. The list of Participants and Members is transmitted directly to the Smatchy application. They may also refuse access to anyone who does not respect the basics of safe activity.
Ambassador Members are not responsible for :
– any person who is neither a Member nor a Participant and who decides to join one of the Rides Les Bornées in one of the towns in which the Community is present.
– any accident that occurs during one of the Rides Les Bornées, unless a Founding Member is involved in the accident, in which case his/her personal civil liability may be invoked.
ARTICLE 12 - Settlement of disputes
The present Charter is governed by French law.
Members shall make every effort to resolve amicably any dispute arising from the validity, interpretation, performance or breach of the Charter. To this end, Members may contact the Founding Members via the “contact” section of the website, accessible via the following link: (https://lesbornees.com/contact).
Failing amicable settlement, the said dispute shall be referred to the courts within the jurisdiction of the Annecy Court of Appeal, even in the event of summary proceedings, incidental claims, multiple defendants or warranty claims.
