I would like to
have a party at your house. This is a great opportunity for you. I won’t pay
you anything, but really, your house is inadequate, unseemly even, so please
reform it and beautify the streets. When I get there, no one else can come
within two kilometers, a condition you will guarantee by force of arms. You are
responsible for the music, drink, getting me and my friends there, telling
others about it, and providing everything that I can think of, whether or not I
have told you about it. Make sure there is a recycling bin because I am very concerned
about sustainability. I would like you to close down all the roads so I can get
there more quickly in the limousine that you will provide. If I break
everything, too bad. If I decide not to show up, well, that’s up to me.
Everything good that happens at this party, I will take credit for. In fact, I’ll
sell the video and party favors around the globe to my exclusive profit, and you’ll
get nothing in return but the world will see how pretty your house is. In the
case that one of my friends urinates on your couch or puts a hole in the roof
you can’t ask for compensation. Don’t even think about complaining, it’s not
his fault that she has a bit of a heavy wrist and loses control. Once you’ve
prepared everything and gone into debt to do so, I guarantee, semi-absolutely,
that it is going to be an amazing party but remember that we have different
interests here. If you do everything I say and give me everything I want at
your own expense, then I will tell people what a good host you were. I need to
make enough money at this party to tide me over for years and it’s your
obligation to make this happen. If things aren’t just right or if I am in any
way inconvenienced by what I perceive to be a lack of preparation, or if the
path between my five star hotel and your house is not plastered with my image, I
will simply cancel without prior warning and leave you holding a very empty
bag. Sound good? Sign here.
A federal judge
ordered the publication of the
host city agreement between São
Paulo and FIFA. The documents defines the “opportunities and obligations”
of the city. The obligations are onerous, offering very little for the host
other than financial risk, liability and the surrendering of urban space for
the “good of the game”.
The links to the agreement in English and Portuguese are above, but I have
compiled a list of gems that will give you some idea of what the contract
involves.
“The LOC (Local
Organizing Committee, headed by the 80 year old kleptomaniac and president of the CBF,
José Marin) and Host City accept that FIFA is entitled to amend, delete or
supplement the terms of any guidelines and other directions and to add FIFA
requirements at any time at its sole discretion.”
Section 9.5,
regarding World Cup poster and artistic materials: “The Host City irrevocably
waives in favor of FIFA, to the fullest extent permitted by any applicable
laws, all moral rights and other rights of a similar nature.”
Section 12.6, “…any
and all goodwill arising from the use by the Host City of Competition Marks
will inure to the benefit of FIFA.”
Section 14, “…Costs
related to the infrastructure, management and operation of public viewing
events shall be borne by the Host
City .” However, within
any of the public viewing areas that a city wishes to establish, all FIFA
guidelines regarding branding and sale of merchandise, food, etc.
Section 18
reminds the host that they have to provide all stadia and training grounds free
of charge. One of the brutalities of the privatization schemes is that the
public will have invested hundreds of millions in stadia, privatized them, and
then will have to lease them back from the new owners in order to give them
over to FIFA. If there is an M.B.A. or sport management student out there that
would like to explain how this improves the economic prospects of the host, I’m
listening.
Sections 21 and 22
deal with transportation and are worrying in the extreme. The host city shall pass
“all necessary ordinances and bylaws” (that is, install an extra-legal regime)
to provide special access lanes and transportation schemes for FIFA. In case this
does not liberate enough space, “The Host City shall, upon FIFA or the LOC’s reasonable
request, at any period of the competition, shut down public access to roads
within the Host City .” This is a complete surrendering
of territorial sovereignty.
In the “exclusion
zones” around the stadiums, FIFA can “cover any and all commercial signage and
advertising”. Who will do this covering you ask? Your local, state and federal
police forces that will be trained by FIFA in “Rights Protection” (at public
expense) and then will be put at FIFA’s disposal for six weeks. You did not
read incorrectly. Public police forces will be taken off the job, trained to
protect FIFA’s interests, then will be relieved from normal duties for six
weeks to enforce what FIFA has taught them. This will be made possible by the
passing of “laws that enable FIFA agents to act to confiscate ‘ambush’
materials” (Section 28.2).
Section 31 – all
city services will be provided free of charge
Section 32 –
City Beautification: “The Host
City shall not authorize or
grant any permits for any private or public construction works to be undertaken
for the duration of the World Cup…any construction which is in progress at the
start of the Competition shall be temporarily suspended.” Good luck getting
those wages back, or in getting those Olympic projects completed on time.
Section 33.8 –
No Partnership. “The Host City shall not act nor purport to act as a partner or
agency of FIFA or the LOC…The parties are in all respects independent contractors
and have separate financial interests under this agreement.” Indeed.
Section 33.18 –
What me worry? “The Host City waives any and all claims of liability against
the LOC, FIFA and their officers, members, agents or employees for any loss or
damage to the city whether or not such loss or damage may have been caused by
or resulted from the negligence of the LOC, FIFA, [etc]…The Host City further
indemnifies and hold harmless FIFA, LOC, broadcasters, commercial affiliates,
external advisors and agents, [etc.]…from any and all obligations and
liabilities, including, without limitation any and all claims, losses, damage,
injuries, liabilities, objections, demands, recoveries deficiencies, costs,
expenses which they may suffer or incur arising out of or in any way connected
with this agreement, or any acts or omissions of the Host City hereunder. The
obligations of the Host
City set forth in this
clause survive the termination of the agreement.”
2 comments:
WOW!
The Host City Agreements for Brazil 2014 appear to be exactly like the ones signed by South Africa for 2010WC. FIFA laughs all the way to the (Swiss) bank. Taxpayers are left holding the bag.
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