Terms and Conditions
Memo of Understanding between TrustSTFC, Swindon Town
Supporters' Club and Swindon Town Football Club re the "Red Army
This document sets out the structure of the fund to be
established by Swindon Town Community Mutual Limited (hereinafter referred
to as "TrustSTFC") for the purposes of improving, enhancing and/or
increasing the playing staff of Swindon Town Football Club (hereinafter
referred to as "the club") through the fund that is to be known as the
"Red Army Fund" (hereinafter referred to as "the fund"). Swindon Town
Supporters' Club (hereinafter referred to as "the Supporters' Club") are
also backers of, and participants in, the fund and signatories to this
- The purpose of the fund is to increase the playing staff of Swindon
Town Football Club, whether temporarily or permanently, in time of need.
Any monies donated by the fund to the club are to be used to bring in
new players or loan players by paying part or all of a player's wages or
transfer fees. These monies are to be considered additional to, not a
supplement of, the club's normal budget for playing staff or new
- A five-person Fund Management Committee will administer the fund.
The Fund Management Committee will consist of: a member of the TrustSTFC
board; the Club manager; a fund treasurer to be nominated by the
TrustSTFC board; a nominee from the Swindon Town Supporters' Club; and a
fifth member to be nominated by the club.
- With the exception of the Club manager, members of the Fund
Management Committee will serve on the committee for a period of two
years, or until such time as their nominating organisation decides they
should be replaced.
- The members of the Fund Management Committee shall elect a
chairperson from one of the three supporters’ representatives on the
- Any meeting to discuss the use of the fund must be arranged with at
least seven days notice unless the Fund Management Committee members
unanimously agree a shorter period. A decision to commit available funds
will require at least four Fund Management Committee members to be
present at the meeting.
- The fund treasurer will be responsible for day-to-day administration
of the fund, although it is anticipated that effective day-to-day
running of the fund will be carried out by a pool of volunteers from
TrustSTFC and the Supporters' Club under the management of the fund
- The club manager may at any time apply to the Fund Management
Committee for funds to bring in new players (under the conditions of
section 1). Any such application will be considered by the Fund
Management Committee on the merits of each application and any
disbursements will be subject to the funds being currently available: no
application will be granted against anticipated future funds. The
decision as to whether to make funds available must be a unanimous
decision of a meeting of the Fund Management Committee.
- Where funds are sought to meet the costs of a loan player's wages,
these funds will be paid to the loaning club (i.e. the club which holds
the player's contract), the standard arrangement for loan players being
that the loaning club pays the player while the loanee pays back the
costs to the loaning club. This avoids confusion over whether funds have
been disbursed directly and solely to cover a players' wages while not
incurring any confusion over who employs the player (as may be the case
were the fund to pay the player directly).
- No payments will be made to third parties involved in a transfer or
loan deal - e.g. to players' agents, solicitors, advisers etc.
- Any payments made shall be fully in accordance with the appropriate
regulations laid down by the Football League and the Football
Association and other applicable governing organisations. It shall be
the responsibility of the club to ensure the conditions of such
compliance are met in full.
- No individual or group of donors to the fund shall have the right to
veto or otherwise influence any decision made by the Fund Management
Committee as to the suitability of a player brought before the Fund
Management Committee for consideration. The intention of the fund is to
make available to the club manager funds for improving the playing staff
that may not otherwise have been forthcoming - not to provide a fans'
"veto" on the manager's decisions.
- The Fund Management Committee may request to review the details of a
contract before payments are agreed, however no member of the Fund
Management Committee may disclose such details to any other party,
whether connected to the club, TrustSTFC, the Supporters' Club or any
other party claiming a valid interest. Players' contracts are, like any
other employment contract, confidential and this will be respected.
- Where a player has been signed directly (as opposed to an "on-loan"
player) due to monies supplied by the fund, should the player
subsequently be sold by the club, the club shall repay the fund the
costs incurred by the fund in signing the player and, should the fee be
greater than the original purchase fee, a percentage of the net profit
from the sale, at a rate of 50% if the sale is within the first 18
months after signing or 25% in the following 18 months. For the purposes
of calculating the net profit of the sale, costs shall include the
player's wages, employers' National Insurance contributions, insurance
and other costs that may have been incurred directly from the player's
employment for which there is documentary evidence.
- When a new player is signed, either permanently or on loan, due in
whole or in part to monies made available by the fund, the fund shall be
given full credit in associated press information (including the use of
the fund logo/images etc.) and the player be reasonably made available
from time to time for the purposes of promoting the fund itself (e.g.
attending fundraising events, use of images in promotional
literature/merchandise etc). Equal prominence should be given to the
fund and the club in any press announcements regarding the signing of
any such player.
- When a player signed, either permanently or on loan, as a result in
whole or in part of monies given by the fund, leaves the club, the club
shall provide a current playing strip jersey worn and autographed by the
player in question for the purposes of promoting the fund.
- The club shall make available to the fund resources to promote the
fund: this is to include (but not limited to) permission to affix
business advertising to the walls of the stadium concourses and toilet
facilities of the ground; space on one or more of the advertising
hoardings next to the pitch (of at least the same size as that offered
to businesses entering into a standard commercial sponsorship deal with
the club); wall space in the "home fans" areas (i.e. the Town End, South
(Nationwide) Stand and North (Arkells') Stand) for a fans' "wall of
fame" to recognise individual fans' donations; the club shall also make
reasonable space available in the match day programme for promoting the
fund; the fund will be given the right and access to affix either
business advertising or a fan's message/logo to seat backs in the
location of their choice (i.e. a fan/business could specify a seat in a
designated seat/block of seats for their chosen message). The fund will
undertake to carry out such application of signage to seat backs and
structures in a responsible manner with due regard to property belonging
to the club and further to responsibly remove the signage upon the
natural expiration of any contracted period of sponsorship.
- The fund shall be self-funding – that is, it is anticipated that the
ordinary running costs of the fund such as marketing and promotion costs
(e.g. costs of producing leaflets and other publicity materials),
merchandising etc. will be met from money collected by the fund rather
than by the club, TrustSTFC or the Supporters' Club. This does not
preclude any of the participating organisations making donations to the
fund from time to time. In this vein, TrustSTFC have incurred costs in
the establishment of the fund (e.g. pre-publicity) which shall be liable
to be repaid by the fund at such time as sufficient monies are available
in the fund on receipt by the Fund Management Committee of documentary
evidence of such costs being incurred.
- Should for any reason the Fund Management Committee unanimously
decide that the fund should be dissolved, any remaining monies should be
used to promote grass roots football and as such the Fund Management
Committee will donate any monies to appropriate organisations for the
benefit of football in the Swindon community.