Anti-doping regulations

The following anti-doping regulations are an essential part of the contract between MAGLES GmbH and all members of the so-called “EVO LEAGUE”.

PREAMBLE

With its "EVO LEAGUE" product, MAGLES GmbH is committed to the conception, organization, and implementation, as well as the marketing, promotion, and support of doping-free sports competitions in popular sports, particularly in fitness and strength training. The following anti-doping regulations of MAGLES GmbH for the "EVO LEAGUE" are intended not only to ensure doping-free competitions, but also to protect the athletes' right to participate in doping-free sports, fairness and equal treatment in sporting competition, and the health of all athletes . Furthermore, coordinated and effective anti-doping measures with effective doping control, investigation, and sanction systems are to be ensured. An external and independent third-party company is fully authorized to implement the anti-doping measures to ensure compliance with this anti-doping regulation. As of January 2023, the external and independent third-party company is Global Quality Sports GmbH, represented by its Managing Director, Michael Jablomski.

All athletes participating in competitions held in connection with the EVO LEAGUE must become a member of the EVO LEAGUE prior to the respective competition or must already be a member of the EVO LEAGUE. Upon becoming a member, they automatically agree to these anti-doping regulations. There is no right of withdrawal. The athlete also certifies that they have not used any prohibited substances or prohibited methods for ten years prior to registering in the EVO LEAGUE and thus practice their sport doping-free.

- The members of the EVO LEAGUE are hereinafter referred to as athletes -

ARTICLE 1 DEFINITION OF THE TERM DOPING

Doping is defined as the occurrence of one or more of the violations of these anti-doping rules as set forth below in Article 2.

ARTICLE 2 ANTI-DOPING RULE VIOLATIONS

Anti-doping rule violations include:

  • 2.1 Presence of a Prohibited Substance, its Metabolites or Markers in an Athlete’s Sample
    • 2.1.1 It is the personal responsibility of athletes to ensure that no Prohibited Substances enter their bodies. Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found in their Sample. Accordingly, it is not necessary to prove intent, fault, negligence, or knowing Use on the part of the Athlete to establish an anti-doping rule violation under Article 2.1.
    • 2.1.2 Sufficient evidence of an anti-doping rule violation under Article 2.1 shall be established by either: (a) the presence of a Prohibited Substance, its Metabolites or Markers in an Athlete’s A Sample if the Athlete waives analysis of the B Sample and the B Sample is not analyzed; or (b) the Athlete’s B Sample is analyzed and the analytical result confirms the presence of the Prohibited Substance or its Metabolites or Markers in the Athlete’s A Sample.
    • 2.1.3 Except for those substances specifically listed on the Prohibited List, the presence of any reported amount of a Prohibited Substance, its Metabolites, or Markers in an Athlete's Sample constitutes a violation of this anti-doping rule.
  • 2.2 The use or attempted use of a Prohibited Substance or a Prohibited Method by an Athlete
    • 2.2.1 It is the personal responsibility of Athletes to ensure that no Prohibited Substance enters their bodies and that no Prohibited Method is used. Accordingly, it is not necessary to prove intent, fault, negligence, or conscious use on the part of the Athlete to establish a violation of to establish anti-doping rules for the Use of a Prohibited Substance or a Prohibited Method.
    • 2.2.2 The success or failure of the Use of a Prohibited Substance or Prohibited Method is not relevant. It is sufficient that the Prohibited Substance or Prohibited Method was used or attempted to be used to commit an anti-doping rule violation.
    • 2.2.3 The use or attempted use of a Prohibited Substance pursuant to Article 2.2 may also be proven by other reliable means, such as an Athlete's confession.
  • 2.3 "Refusal" of an athlete to submit to a test. This includes:
    • Circumvention of sample collection by an athlete or
    • the refusal to carry out a check or
    • leaving / aborting a doping control or
    • Failure by an athlete to submit to a Sample collection after being notified by a duly authorized person to do so.

ARTICLE 3 PROOF OF DOPING

  • 3.1 EVO LEAGUE bears the burden of proof of an anti-doping rule violation. The standard of proof is that EVO LEAGUE can convincingly demonstrate that an anti-doping rule violation has occurred. The standard of proof is in any event higher than an equal probability, but low.

ARTICLE 4 THE PROHIBITED LIST

  • 4.1 The EVO LEAGUE's current "List of Prohibited Substances and Methods" is based on the WADA/NADA Prohibited List and is linked on the EVO LEAGUE website ( Link ) or is always available at: Link 1 and Link 2. It is an integral part of these Anti-Doping Rules. All athletes must familiarize themselves with the Prohibited Substances and Methods in accordance with the currently valid "List of Prohibited Substances and Methods."
  • 4.2 The EVO LEAGUE does not issue its own therapeutic use exemptions, but upon request and subject to its own review in each specific case, it recognizes therapeutic use exemptions issued by nationally and internationally recognized associations and clubs in accordance with the International Standard for Therapeutic Use Exemptions (TUE) and/or the Standard for Therapeutic Use Exemptions. There is expressly no entitlement to such recognition. Retroactive applications for recognition are excluded.

ARTICLE 5 DOPING CONTROLS

  • 5.1 Purpose of doping controls, visits and investigations
    Doping controls, visits, and investigations are conducted solely for the purpose of anti-doping work. They are conducted in accordance with the provisions of the International Standards for Testing and Investigations. Doping controls are conducted to analytically determine whether the athlete has violated Article 2.1 or Article 2.2. Doping controls—whether conducted as part of an in-competition or out-of-competition test—will consist of a urine test and, if necessary, a blood test, a hair analysis, or a thorough physical examination, including unannounced visits to the athletes, to detect any indications of the use of Prohibited Substances or the use of Prohibited Methods (e.g., intravenous infusions).
  • 5.2 Measures, responsibility for organization and implementation of doping controls
    • 5.2.1 The measures (hereinafter also referred to as doping controls) to ensure compliance with these anti-doping regulations consist of
      • unannounced training controls (so-called out-of-competition tests),
      • Competition controls and
      • Unannounced visits during which the athlete will be interviewed and, at the discretion of the authorized third party, a thorough physical examination and/or sample collection will be conducted. If necessary, the athlete agrees to grant the authorized third party access to their private premises to conduct the visit.
    • 5.2.2 The third-party company authorized by the EVO LEAGUE for all anti-doping measures (as of January 2023: Global Quality Sports GmbH – see also preamble) assumes complete and independent responsibility for the organization and implementation of these measures for all athletes and is authorized to carry out the measures for all athletes of the EVO LEAGUE.
    • 5.2.3 The authorized third-party company selects the athletes to be tested at its own discretion. It is not required to provide any justification for its selection. The selection process is governed by the International Standard for Testing and Investigations.
    • 5.2.4 The authorized third-party company conducts doping tests and investigations at its own discretion. It is not obligated to provide any justification for the nature and scope of the investigations. The conduct of doping tests is governed by the International Standard for Testing and Investigations.
    • 5.2.5 At competitions and/or competitive events, competition controls are organized and carried out at the competition venue by the authorized third party company.
    • 5.2.6 The EVO LEAGUE does not generally recognize the testing procedures of other companies, associations, and clubs – for example, lie detector tests or the analysis of urine samples in non-WADA accredited laboratories – and considers the results of such doping tests to be irrelevant.
  • 5.3 Test pool and obligation of athletes to undergo measures/doping controls
    • 5.3.1 All athletes are included in the EVO LEAGUE test pool upon completion of their membership and can be subjected to training controls and visits at any time.
    • 5.3.2 An athlete ineligible for a violation of this anti-doping rule shall remain in the EVO LEAGUE testing pool for the duration of the ineligibility period and may be subject to further measures unless the athlete submits a timely notice of termination of membership.
    • 5.3.3 Athletes who are part of the EVO LEAGUE test pool, participate in a competition or otherwise fall within the scope of this provision are obliged to undergo doping controls at any time and in any place by the third-party company responsible for conducting doping controls.
    • 5.3.4 Withdrawal from the test pool can only occur if membership in the EVO LEAGUE is terminated.
  • 5.4 Athletes’ reporting obligations
    • 5.4.1 To plan effective doping controls and ensure availability for doping controls, all EVO LEAGUE athletes must provide valid information about their whereabouts and contact details. This includes an email address, a mobile phone number, their home address, and the address of their training facility.
    • 5.4.2 If the doping control/visit fails due to the selected member being unavailable at their home address, a message must be sent to them via email, mobile phone, or WhatsApp to the last known contact details, explaining the reasons for their unavailability. They must report to the authorized third-party company immediately after the failed test in order to conduct the test immediately upon request. The reasons for the unavailability will be reviewed for plausibility. If the reasons for unavailability are deemed implausible or if the member does not report to the authorized third-party company immediately after the failed test, this will be considered a refusal to conduct the sample collection and will be treated as a positive doping result.
  • 5.5 Return of athletes who had ended their active careers
    • 5.5.1 If an athlete ends their active career and wishes to resume it later, they may not participate in competitions organized by the EVO LEAGUE or its licensees or cooperation partners until they have notified the EVO LEAGUE in writing twenty-four (24) months in advance that they are available for doping controls.
    • 5.5.2 If an athlete ends their active career while suspended, they must notify the EVO LEAGUE of their withdrawal in writing.

ARTICLE 6 ANALYSIS OF SAMPLES

  • 6.1 All Samples collected pursuant to this provision shall be sent by the authorized third party company to and analyzed exclusively in laboratories accredited by WADA or otherwise recognized by WADA.
  • 6.2 Samples, related analytical data or doping control information are analyzed or evaluated to detect the presence of Prohibited Substances and Prohibited Methods listed on the then-current WADA Prohibited List or other substances or to establish a profile of relevant parameters in an athlete's urine, blood or other matrix.
  • 6.3 The laboratories analyze the samples and report their results to the authorized third-party company and EVO LEAGUE without undue delay.
  • 6.4 Laboratories may, without limitation, repeat the analysis of the Sample or perform additional analyses of the Sample before EVO LEAGUE notifies the Athlete that the Sample provides the basis for a potential anti-doping rule violation under Article 2.1.

ARTICLE 7 RESULTS MANAGEMENT/DISCIPLINARY PROCEDURES

  • 7.1 The results management process refers to the process upon knowledge of a possible violation of these anti-doping rules or of a possible whereabouts failure or missed test.
  • 7.2 The EVO LEAGUE or its representative is responsible for the result management/disciplinary procedures for training and competition controls as well as reporting obligations.
  • 7.3 In the event of a positive A Sample, EVO LEAGUE will promptly notify the athlete concerned in writing by registered mail to the last known address of: a) the anti-doping rule violated; b) the facts underlying the violation; c) their right to respond in writing to the allegations within seven working days of receipt of this notification.
  • 7.4 In addition, the EVO LEAGUE consults with WADA, NADA or other relevant anti-doping organizations.

ARTICLE 8 ANALYSIS OF THE B SAMPLE

  • 8.1 The athlete and the EVO LEAGUE have the right to request the analysis of the B sample. The athlete must request the analysis of the B sample in writing within seven working days of receiving the notification pursuant to Article 7.3 and pay a fee of EUR 500 net, which will be refunded in the event of a negative B sample. Compliance with this deadline is determined by the date of receipt by the EVO LEAGUE.
  • 8.2 If the athlete waives their right to request the analysis of the B sample, EVO LEAGUE is not obligated to perform the analysis of the B sample. Failure to request the analysis of the B sample or to do so within the time limit will also be considered a waiver. If the athlete waives their right to request the analysis of the B sample, this will not be considered an admission of an anti-doping rule violation, but will create an irrebuttable presumption that the analysis of the B sample would have confirmed the analytical result of the A sample.
  • 8.3 The EVO LEAGUE will inform the athlete in a timely manner of the location, date, and time of any B sample analysis. The following persons have the right to be present during the B sample analysis: a) the athlete and/or a representative; b) a representative of the EVO LEAGUE.
  • 8.4 The analysis of the B sample must be performed promptly, but no later than seven working days after the request for analysis. If the laboratory is unable to perform the analysis until a later date due to technical or logistical reasons, this cannot be used to question the analytical procedure or the analytical result. The athlete must be informed by the EVO LEAGUE immediately in writing of the analysis result of the B sample analysis.

ARTICLE 9 SANCTIONS FOR VIOLATIONS

  • 9.1 An athlete bears the costs for conducting and analyzing a positive test. If an athlete refuses an out-of-competition test/visit, they must pay a cost contribution of EUR 500 net.
  • 9.2 A violation of these Anti-Doping Rules in connection with an In-Competition Test will automatically result in the annulment of the result achieved in that Competition, with all resulting Consequences, including the forfeiture of medals, points, prizes, and the like.
  • 9.3 Athletes who test positive under these anti-doping rules will no longer be permitted to participate in competitions associated with the EVO LEAGUE or its licensees/partners. The specific duration of the suspension can be found in Section 9.4.
  • 9.4 For a violation of Article 2.1 or Article 2.2, the following period of ineligibility shall be imposed, subject to possible waiver, reduction or removal of the period of ineligibility.
    • 9.4.1 The period of ineligibility for in-competition substances on the WADA Prohibited List is six (6) months for cannabinoids. A second violation after serving the period of ineligibility will result in a further 24-month period of ineligibility. A third violation will result in a five (5) year period of ineligibility.
    • 9.4.2 The period of ineligibility for In-Competition Prohibited Substances on the WADA Prohibited List is two to four (2-4) years for stimulants and narcotics. A second violation after serving the period of ineligibility will result in a minimum period of ineligibility of five (5) years. A third violation will result in a lifetime suspension.
    • 9.4.3 The in-competition and out-of-competition ban on prohibited substances according to the WADA Prohibited List is lifelong.
    • 9.4.4 If an Athlete or other Person voluntarily admits to an anti-doping rule violation before being required to provide a Sample that could establish an anti-doping rule violation, and if that admission is the only reliable evidence of the violation at the time, the period of Ineligibility may be reduced but must be at least half the period of Ineligibility that would otherwise be imposed.
    • 9.4.5 A refusal to undergo a doping test/visit is equivalent to a positive doping result and leads to a lifetime ban.
    • 9.4.6 Ineligibility means that an athlete or other person is excluded from any participation in competition or other sporting activities for a specified period of time because of an anti-doping rule violation.
  • 9.5 In the event of a violation of these anti-doping rules, the athlete shall remain a member of the EVO LEAGUE for the period of ineligibility and shall pay the annual membership fee unless the athlete submits a timely notice of termination of membership.
  • 9.6 In all cases of violation of the EVO LEAGUE anti-doping rules, the athlete must pay a contractual penalty of EUR 2,500 net.
  • 9.7 If an athlete is already serving a period of ineligibility for an anti-doping rule violation, any subsequent period of ineligibility will begin on the first day after the expiration of the current period of ineligibility. Otherwise, the period of ineligibility will begin on the date of the EVO LEAGUE decision.
  • 9.8 Status during a ban
    • 9.8.1 An Athlete who has been subject to a period of Ineligibility may not participate in any capacity in any competition or sporting activity organized by the EVO LEAGUE or its licensees during the period of Ineligibility or Provisional Suspension.
    • 9.8.2 An Athlete who has been ineligible for a period of ineligibility will continue to be subject to doping controls and will continue to be required to provide whereabouts information in accordance with the EVO LEAGUE requirements for as long as they remain a member of the EVO LEAGUE.

ARTICLE 10 REPORTING TO WADA / NADA / OTHERS

  • 10.1 The EVO LEAGUE reserves the right to report violations of these anti-doping regulations to its cooperation partners and other clubs, associations, and organizers who also hold/organize doping-free competitions.
  • 10.2 The EVO LEAGUE is obligated to report violations of these anti-doping rules to WADA/NADA and, where appropriate, to other anti-doping organizations.
  • 10.3 NADA is authorized, after exercising due discretion, to inform the athlete concerned, without delay and before notification to the athlete, the name of the athlete concerned, his/her habitual residence and the substance that led to the Adverse Analytical Finding or the nature of the other possible anti-doping rule violation, as well as other relevant information, to the competent public prosecutor's office, the Federal Criminal Police Office and other competent investigative authorities.
  • 10.4 Notwithstanding the foregoing, NADA is obligated to file a complaint against athletes, athlete support staff, or other persons upon reasonable suspicion of a violation of the Anti-DopG, the StGB, the AMG, the Narcotics Act, or the NpSG based on information provided by athletes, athlete support staff, or other persons. This applies without prejudice to any confidentiality and secrecy obligations contained in these anti-doping regulations.

ARTICLE 11 Data protection

  • 11.1 The EVO LEAGUE may collect, process, or otherwise use personal data or share it with third-party companies authorized to enforce these anti-doping regulations and cooperating competition organizers, insofar as this is necessary for the planning, coordination, implementation, evaluation, and follow-up of doping controls/measures to ensure compliance with these anti-doping regulations.
  • 11.2 The EVO LEAGUE may collect, process, or use athletes' personal data to the extent necessary for the planning, coordination, and conduct of doping controls or other analytical results as part of the results management/disciplinary process resulting from one (or more) possible violations of these anti-doping rules.
  • 11.3 Both the EVO LEAGUE and the third-party company authorized to conduct doping tests will treat this data confidentially and ensure that they handle it in compliance with applicable data protection laws. The data must be destroyed as soon as it is no longer required for these purposes.

ARTICLE 12 FURTHER PROVISIONS

  • 12.1 An athlete or other person may only be prosecuted for an anti-doping rule violation if he or she has become aware of the anti-doping rule violation within ten (10) years from the date of the potential violation. Anti-Doping Rules notification or a serious attempt to notify.
  • 12.2 Former members who rejoin the EVO League will be subject to a two-year ban from the date of re-entry before they may again participate in events or competitions organized or supported by the EVO LEAGUE. Upon re-entry, the member must also bear the costs of any unannounced doping controls. These measures serve to promote the EVO LEAGUE's anti-doping strategy.

  • 12.3 Changes to the NADA Prohibited List do not apply retroactively unless specifically provided otherwise. However, there is an exception if a Prohibited Substance or Prohibited Method has been removed from the Prohibited List. In this case, an Athlete who is still ineligible for the previously Prohibited Substance or Prohibited Method may request a reduction of the period of Ineligibility from EVO LEAGUE based on the substance or method's removal from the Prohibited List.

  • 12.4 These anti-doping rules are subject to annual review by the management of the EVO LEAGUE and the authorized and independent third-party organization and may be amended by the management of the EVO LEAGUE from time to time. The latest version can always be found on the website: evoleague.de

ARTICLE 13 FINAL PROVISIONS

  • 13.1 By joining the EVO LEAGUE, all athletes agree to these anti-doping rules.
  • 13.2 This agreement is governed by German law. The place of jurisdiction for all disputes arising from or in connection with this agreement is Cologne. Mandatory statutory provisions regarding exclusive jurisdiction remain unaffected.
  • 13.3 The invalidity or ineffectiveness of individual provisions of this agreement shall not affect the validity of the remaining provisions. In place of the invalid or void provision, the parties to this agreement shall agree on a provision that most closely approximates the (economic) purpose intended by the invalid or void provision. This also applies to the filling of any gaps in the contract.