Articles of Association

IMPORTANT: By purchasing the membership card, every member undertakes to unconditionally adhere to these statutes!

§ 1: Name, headquarters and area of activity

The club is called “DOWNHILL&MTB CLUB RECKANGE/MESS” and has its headquarters at 3 am Pesch, L-3985 Pissange
The establishment of branch associations is not intended.

§ 2: Purpose

The association, whose activities are not aimed at making a profit, primarily aims to promote and practice MTB and downhill sports. Furthermore, races, skills competitions, training sessions on MTB slopes, practicing and demonstrating tricks, lectures and organized trips to professional bike parks and other activities in connection with MTB and downhill round off the club's field of activity.

§ 3: Means for achieving the purpose of the association

1) The means to achieve the club's purpose should be raised through membership cards, sponsorship, subsidies, fan gadgets, club merchandise, income from participation in markets, advertising as well as from racing and skill competitions and through any other donations.

§ 4: Types of membership

The members of the association are divided into regular, extraordinary and honorary members.

Full members are those who actively participate in the work of the association.
Extraordinary members are those who promote the association's activities primarily by paying an increased membership fee.
Honorary members are people who are appointed because of special services to the association.

§ 5: Acquisition of membership

All physical persons who are interested in MTB and downhill sports and who have read these statutes can become members of the association and certify this by purchasing a membership card.
The committee decides on the admission of full members. The recording can be refused without giving reasons. Full members can only be admitted after paying the membership fee.
3) The club season begins on 1st March each year and ends on 28th or 29th February of the following year. However, the acquisition of the membership only takes effect after payment of the membership fee and ends, regardless of the date of acquisition of the membership, on the 28th or 29th of February.
The appointment as an honorary member takes place at the request of the committee by the general meeting.

§ 6: Termination of membership

The membership expires by voluntary withdrawal, in case of non-renewal of the annual membership one month after each 28th or 29th February of each year, death or by exclusion from the board.
Voluntary withdrawal can only take place anytime. The commitee must be notified in writing of voluntary resignation at least 2 months in advance. The date of posting is decisive for timeliness.
The committee can exclude a member if, despite two written reminders and a reasonable grace period, the member is in arrears with the payment of membership fees for more than six months. The obligation to pay the membership fees that have become due remains unaffected.
A member can be excluded from the association by the committee due to:

Gross violation of other member obligations listed under “Rights and Obligations of Members” of these statutes
Non-compliance with the requirements issued by the Ministry of Sustainability and the Environment
Non-compliance with specific safety regulations

This also applies to the revocation of honorary membership.

§ 7: Rights and obligations of members

The members are obliged to always comply with the rules applicable at the venue when carrying out their activities.
Members are entitled to take part in all club events and to use the club's facilities. Only full and honorary members have the right to vote in the general meeting as well as the active and passive voting rights.
Every member is entitled to demand that the committee issue the statutes.
At least one tenth of the members can request that the committee call a general meeting.
The members must be informed by the committee at every general assembly about the activities and financial management of the association. If at least one tenth of the members request this, stating reasons, the committee must provide the relevant members with such information within four weeks.
The members must be informed at the latest by the committee through the cashier about the orderly compilation of income and expenses, enclosing the receipts. If this happens at the general meeting, the auditor must be involved.
The members are obliged to promote the interests of the association to the best of their knowledge and belief and to refrain from anything that could harm the reputation and purpose of the association. You must comply with the association's statutes and the resolutions of the committee.
Full members are obliged to pay membership fees on time in the amount decided by the general meeting.
Every member has the right to claim the insurance policy taken out by the association if the membership card is paid and only if the membership card is paid for.
By purchasing the membership card after paying the membership fee, the member accepts these statutes in their entirety and unconditionally.

§ 8: Association bodies

The organs of the association are:

General assembly

The highest body of the DOWNHILL&MTB CLUB RECKANGE/MESS is the general assembly. It consists of all members of the association.

The general meeting oversees the activities of the bodies and can dismiss them at any time for good cause.!
The general meeting decides on all matters that have not been delegated to other bodies of the association.
The ordinary general meeting takes place in the first quarter of the calendar year.
The committee must inform the members of the call for a general meeting at least 10 days in advance.
The resolutions of the general meeting are valid regardless of the number of members present.
Each member participating in the general meeting and entitled to vote has one vote.
The resolutions of the General Meeting are passed in an open vote with the absolute majority of the voting members present.
An extraordinary general meeting can be called by the committee or by at least a quarter of the ordinary and extraordinary members. The committee undertakes to comply with the members' request within one month.
Both ordinary and extraordinary general meetings can be held via video conference.

Committee

The committee of the DOWNHILL&MTB CLUB RECKANGE/MESS consists of at least 3 people. He is elected annually by the General Assembly from among the voting members. If a committee member leaves during their term of office, a new election will take place at the next general meeting. Resignations must be submitted in writing to the President by September 30th.
At least the following positions will be filled in the committee elections: President, Secretary and Treasurer.
The committee can decide on additional positions and fill them within the committee for the duration of a term of office.
The committee takes over the administration, manages the finances and organizes the sporting affairs of the club. He makes his decisions with the majority of votes. In the event of a tie, the President has the casting vote. The committee advises on matters to be decided by the general meeting. He reports to the General Assembly about his deliberations and presents his suggestions to the General Assembly for a decision.
The committee determines the persons authorized to sign in the association and regulates the type of signing authority.

§ 9: Duties of the General Assembly

The following tasks are reserved for the general meeting:

Decision on the agenda
Receipt and approval of the annual report and the financial statements with the involvement of the auditor. The accounting year runs from January 1st to December 31st.
Election and removal of members of the committee and the auditor
Approval of material purchases and power of attorney for such unforeseen material purchases within a certain amount
Discharge of the committee
Determination of the amount of membership fees
Awarding and revocation of honorary membership
Resolution on changes to the statutes and the voluntary dissolution of the association
Discussions and resolutions on other issues on the agenda

§10: Liability

Carrying out sporting activities

The members waive all legal claims against the association and especially its committee members. The club in particular, as well as the committee in particular, assume no liability for any physical or material damage that may arise during the exercise of the sporting activities of the DOWNHILL&MTB CLUB RECKANGE/MESS. The injured party can only claim the benefits covered by the association's insurance. Every member has the right to claim the insurance policy taken out by the association if the membership card has been paid for and only if the membership card has been paid for.
Participation in club trips and tours

The members hereby expressly acknowledge that neither the association nor its bodies nor its members are liable for accidents or other damaging events that occur during joint activities, regardless of their name (bicycle rides, excursions, technical training, etc.). Route suggestions, driving technique tips, material recommendations, training suggestions or similar, even if they are made as part of the club's internet presentation (homepage), as part of club activities, by club bodies or members, are made exclusively from a sports comradely perspective and represent your own non-binding and unverifiable opinion of the individual. Following such sports comradely opinions is entirely at your own risk. The resulting physical or material damage, legal or administrative prosecution do not constitute any liability whatsoever towards the association, its bodies or its members. Each participant is responsible for compliance with all legal regulations. Regardless of the liability committee of the association, its board of directors and its bodies, the injured party has the right, if necessary, to claim the services taken out by the association's insurance and covered in the context of such activity.
Participation in races

Participation in such activities is entirely at the participant’s own risk and responsibility. The participant waives all legal claims against the association and its bodies. The club assumes no liability for loss of or damage to wheels and material. By participating, each participant acknowledges this exclusion of liability towards the association, its bodies and its members. Only the regulations, safety rules and liability information of the race organizer apply!

§11: Resolution

The general meeting alone is authorized to change the statutes. Any proposed change must be communicated to members in writing or by email. A change to the statutes requires a two-thirds majority of the voting members present at the general meeting.
Only the general meeting can decide on the dissolution of the association. A three-quarters majority of the voting members present is required.
In the event of the dissolution of the DOWNHILL&MTB CLUB RECKANGE/MESS, the general meeting determines the assets of the club. The assets may not be distributed among members and should be donated to a non-profit organization.

§12: Data protection

The association undertakes to use the member data provided to it only for association purposes

§13: Legal validity

These statutes come into force on the day of their official approval.

Resolved, approved and signed by the ordinary general meeting of 23rd January 2024 and its board members.

Sam Molitor
Eric Mace
Jeff Michaelis
Michel Devos
Ken Molitor
Philippe Ralinger
Gilles Hermes