How to start a company offering extreme sports business
[vc_row][vc_column][vc_column_text css=""]Who is the legal environment for?
The following study outlines the legal framework for establishing and financing an extreme sports company, particularly bungee jumping and rock climbing. It can also be used for other business ideas, primarily in the areas of sports and high-risk sports. Information on the legal form, among other things, may be useful to anyone planning to run a similar business.
Choosing the form of running a business
A business providing training and organizing bungee jumping and climbing activities can be run in any form. The only option is a partnership, which is reserved for specific professions, such as attorneys, legal counsels, or notaries.
A company offering bungee jumping and climbing may operate as:
- sole proprietorship,
- civil partnership,
- general partnership,
- limited partnership,
- limited joint-stock partnership,
- sp. z o. o.,
- joint-stock company,
- simple joint-stock company.
The most popular form of business for beginners is a sole proprietorship. If you want to operate with another person, it's worth considering establishing a civil partnership.
Before you submit an application to register your business in person at the office or online, you need to determine and consider:
- company name - with your name and surname
- The business start date for the Social Insurance Institution (ZUS) will be date from which you will pay social security contributions. Remember, this cannot be earlier than the date you submit your business registration application.
- place of business, i.e., address This may be your apartment or premises that you rent for business purposes.
- The Polish Classification of Activities (PKD) business activity code PKD will determine the type of your business.
- The form of taxation and the frequency with which you will pay advance personal income tax (monthly or quarterly)
- form of accounting The most frequently chosen is the tax book of revenues and expenses, i.e. a simple form of recording costs and revenues.
- whether you will employ employees This involves registering them with ZUS.
- bank account It is necessary because it will be used for settlements with the tax office.
Legal aspects related to this business
3.1 Registering a business – general rules
No registration required
Registration applies to any activity - including companies engaged in bungee jumping and climbing.
First step - choosing the form of running a business
This can be a sole proprietorship or a partnership. Sole proprietorships and civil partnerships must be registered with the Central Registration and Information on Business (CEIDG). Other partnerships (general partnership, limited partnership, limited liability company, joint-stock company, or limited joint-stock partnership) must be registered with the National Court Register (KRS).
To register your own business, you must register it at your place of residence by submitting the CEIDG-1 form:
- in person at the city or commune office or
- electronically - via the Internet, using a secure qualified signature or using an appropriate application on the website of a given city or commune - ePUP trusted profile.
- settlement according to the general tax scale – gives you the opportunity to take advantage of the tax-free amount, various tax reliefs and joint settlement with your spouse,
- settlement at a flat rate of 19%,
- lump sum tax on recorded income.
- for new entrepreneurs who are starting their business for the first time,
- people who resume business activities.
- are starting a business for the first time;
- resume business activity - after at least 60 months from the date of its last suspension or termination;
- they will not perform activities for the benefit of a former employer for whom, before the date of commencement of business activity in the current or previous calendar year, they performed activities falling within the scope of the business activity undertaken under an employment relationship or cooperative employment relationship.
- Thanks to the "start-up relief," you can avoid paying ZUS (Social Insurance Institution) social insurance contributions (pension, retirement, accident, and sickness) for six months after starting your business. The start-up relief does not apply to health insurance contributions—you must pay contributions monthly.
- If you run a business, you can deduct health insurance contributions from your tax (not from your income).
- It can be used after a full six calendar months of exemption. This relief allows for paying lower contributions for the next 24 months. The conditions for using the small ZUS allowance are the same as for the start-up relief.
- The small ZUS contribution is calculated over a full 24-month period. If the start-up relief is waived, for example, mid-month, the small ZUS contribution period will only begin from the following month.
- Suspending business activity does not interrupt the 24-month ZUS concession period. After six months of using the start-up concession, you must register for insurance with ZUS under standard or preferential terms (lower contributions for 24 months).
- Using the so-called small ZUS is also not mandatory.
- creative character (be a manifestation of human creative activity),
- individual character (unique),
- established and fixed form.
- about non-exercise of author's moral rights in relation to a given work,
- or on the transfer of the exercise of the author's moral rights to the purchaser of the graphic work (logo), i.e. to you.
- avoid infringements by third parties,
- to derive financial benefits from their use (profit, e.g. from franchising).
- word,
- drawing,
- ornament,
- color composition,
- spatial form, including the form of the product or packaging,
- a melody or other sound signal,
- Make sure and check whether the mark is already registered by another person or entity. A professional (e.g., a patent attorney or a lawyer specializing in industrial property law) will help you with this. This isn't a difficult task. You can do it yourself using the databases available on the Patent Office website.
- Complete the application. Remember to pay the fee.
- From this point on, the Patent Office will review your case. First, it verifies the formal and legal aspects and publishes the application. This allows third parties to submit any comments or objections they may have grounds to oppose the registration of the trademark. The next step is the substantive evaluation of the application.
- If the Office finds no obstacles to registration, the announcement of the trademark application is published in the Bulletin of the Patent Office of the Republic of Poland.
- From the date of publication, third parties may file an objection to the trademark application within three months. If this period expires without success or if the objection is dismissed, the Patent Office registers the trademark.
- The most common height offered on the market is 90 meters. This is the maximum height for amateur jumpers.
- The jumper has a special rope attached to their leg, hip, or torso. The rope is made of rubber. This makes it flexible, durable, and provides excellent shock absorption. Before each jump, the rope's condition should be checked. Climbing tape is often woven into the rope. This tape also serves to protect the jumper by preventing the rubber from overstretching.
- Typically, jumps are performed from a crane. Daredevils also attempt them from properly secured bridges, among other locations.
- Free climbing. The climber uses only their arms and legs. Equipment is used only passively – for belaying.
- Climbing with artificial aids is climbing with the active use of equipment. Hanging from a rope and established belay points is permitted. These are used as steps and holds. Special benches are suspended from them – small ladders with several rungs – on which the climber ascends and installs subsequent belay points.
- all necessary security measures must be ensured, including: - establishing regulations to be signed by customers, - enforcing the required declarations from customers, - providing the company with appropriate insurance,
- make sure that the person interested in the service is at least 18 years old or has parental consent,
- make sure that the potential client does not suffer from any health problems,
- in the case of rope belaying, each participant should be appropriately weighed before jumping or starting the climb,
- circulatory system diseases,
- severe diseases uncontrolled hypertension, cerebrovascular diseases, aortic aneurysm, condition after arterial surgery, large varicose veins of the lower limbs, ischemia of the lower limbs, ischemic heart disease, heart failure, cardiac arrhythmias, etc.
- diseases of the central nervous system (epilepsy, depression, psychosis, paresis, post-stroke condition),
- eye diseases (retinal diseases, glaucoma, condition after surgery, vision defects above 3 diopters),
- diseases of the musculoskeletal system (after spinal injuries, severe fractures of the lower limbs and pelvis, spine diseases (discopathy, fractures, spondylolisthesis, osteoporosis, significant curvatures, congenital and acquired defects).
- necessary qualifications,
- knowledge and experience,
- appropriate liability insurance.
- completed higher education studies in physical education and obtained a very good grade in the final credit or exam for classes conducted in a given sport discipline, amounting to at least 60 hours, or completed instructor specialization, amounting to 60 hours in a given sport discipline, or
- completed higher education in tourism and recreation with a specialization
- instructor, for at least 80 hours in a given sport discipline or
- having at least secondary education and completing a specialized instructor course in a given sport discipline and passing the final exam.
- Demonstrate good health, as evidenced by an entry in the athlete's health card/booklet (specialization: any climbing sport). A medical certificate confirming there are no contraindications to climbing and participating in an instructor course may also be required.
- They cannot be convicted by a final court judgment.
- Present a moral and ethical attitude that raises no objections.
- Be characterized by: emotional maturity, calmness and self-control,
- the ability to quickly assess the situation and take appropriate action
- decisions, consistency in action, reliability, and also have
- pedagogical predispositions.
- Practice a given mountaineering discipline at an appropriately high level
- and have sufficient practical experience
- and comprehensive knowledge (theoretical and practical) in high-altitude mountain climbing.
- Climbing skills at level V+ in Tatra or Alpine terrain or VI in sports terrain, documented by a list of climbs from at least the last 3 years, indicating experience in climbing in V+ terrain as a team leader,
- very good knowledge of the topography of the Polish Tatra Mountains, with particular emphasis
- taking into account the Polish part of the High Tatras,
- ability to move and good orientation in the field without designated trails,
- knowledge of rope and belay techniques,
- good condition, passing the endurance test,
- membership of a club associated with the Polish Mountaineering Association,
- certificate of completion of a first aid course (not older than 3 years).
- climbing on rock walls over 500 meters high,
- winter climbing,
- climbing in glacial mountains on routes of great seriousness
- with particular emphasis on objective threats.
- Big wall, caving or ski touring experience, as well as training (rock climbing) experience are welcome.
- Construction and types of artificial climbing walls
- Regulations related to the construction, installation, and operation of climbing walls – standards, approvals, insurance, technical inspections
- Artificial wall equipment – ropes, harnesses, safety equipment, bolts, posts, first aid kit
- Technical maintenance of the wall. Use, storage, and maintenance of equipment – logbook
- The responsibilities and rights of a climbing wall operator. Scope of responsibility – Polish law – new Sports Act (Liability: climbing instructor, wall owner).
- Health and safety regulations when working on an artificial wall. High-risk zones on a climbing wall. Artificial wall regulations.
- Climbing and belay equipment used on the wall – ropes, harnesses, helmets, belay devices, carabiners, certificates
- Rules of belaying with a fishing rod – various devices, belaying heavy people
- Principles of bottom belay climbing – learning how to catch a fall (dynamic and static belay, construction of bottom anchors)
- Rules of belaying when bouldering – spotting
- Emergency situations – types, procedures, exercises.
- You must submit an application to the Technical Inspection branch to carry out an examination of the device subject to technical inspection.
- The next step is to conduct an acceptance test. Based on this test, the device can be safely released for operation. The acceptance test is performed by a UDT inspector in the presence of the operator of the technical device.
- A positive test result results in a decision authorizing the device's operation. Based on this decision, an audit log for the device is created.
- The construction of the wall must be in accordance with the design (declaration of conformity) and with the PN-EN 12572 standard and industry standards.
- The contractor must submit approvals (e.g. PZH), certificates, and declarations of conformity of the elements used and the materials incorporated.
- The contractor should perform the examinations and tests specified in the PN-EN 12572 standard (test report).
- The contractor must provide documentation for the use of the climbing wall, including rules for use, maintenance, service, etc.
- The panels must meet the requirements for at least flame-retardant material.
- The works must be carried out in accordance with the "Technical conditions for the execution and acceptance of construction and assembly works" and in accordance with occupational health and safety regulations, in particular those contained in the Regulation of the Minister of Infrastructure on occupational health and safety during the performance of construction works.
- Developing (or commissioning the relevant persons to develop) appropriate regulations for the use of the facility (the regulations cannot be inconsistent with the manufacturer’s documentation for the use of climbing walls);
- Third party liability insurance for facility employees (or ensuring that the employees you employ have purchased insurance; you can indicate this as a necessary condition of employment);
- Competency and job-specific training for employees, improving their qualifications - which translates into the quality of services offered by your company;
- Use of equipment with valid certificates (crane, harnesses, ropes, belay devices, etc.);
- Compliance with the service documentation for equipment and facilities and the facility's operating instructions (service, timely technical inspections).
1. Act of 6 March 2018 - Entrepreneurs' Law (Journal of Laws 2021, item 162, i.e.));
2. Act of 6 March 2018 on the Central Register and Information on Business Activity and the Information Point for Entrepreneurs (Journal of Laws 2022, item 541);
3. Act of 26 June 1974, the Labor Code (Journal of Laws 2022, item 1510);
4. Act of 23 April 1964 - Civil Code (Journal of Laws 2022, item 1360);
5. Act of 20 April 2004 on employment promotion and labor market institutions (Journal of Laws 2022, item 690);
6. Act of 6 June 1997, the Penal Code (Journal of Laws 2022, item 1138);
7. Act of 25 June 2010 on sports (Journal of Laws 2022, item 1599).