EMPLOYMENT CONTRACT. A. The Employer is a Corporation/Society whose members are involved in high performance athletic competition in the sport of.

Transcription

1 EMPLOYMENT CONTRACT THIS AGREEMENT MADE THE DAY OF, 20. BETWEEN: is a Corporation/Society duly incorporated pursuant to the laws of the Province of British Columbia and has an office for business at. (hereinafter referred to as the "Employer" AND: (hereinafter referred to as the "Coach" WHEREAS: A. The Employer is a Corporation/Society whose members are involved in high performance athletic competition in the sport of. B. The Coach is qualified and experienced in the instruction, training and preparation of athletes in the sport of and in the pursuit of excellence in competition; C. The Employer wishes to retain the services of the Coach, and the Coach wishes to contract his services to the Employer on the terms and conditions hereinafter set out. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained and subject to the terms and provisions hereinafter set out, the parties hereto agree as follows:

2 TERM OF EMPLOYMENT 1.01 The Employer shall employ and the Coach shall serve in the employment of the Employer from until or until his employment shall be terminated as hereinafter provided REMUNERATION 2.01 The Coach's remuneration shall be a fixed salary of $ per month payable monthly/bi-monthly, on such day(s during each month that the Employer shall select JOB DESCRIPTION 3.01 The Coach's duties shall consist of those set out in the job description attached to this agreement as Schedule "A". Any amendments to Schedule "A" must be made in writing upon agreement by the Coach and Employer TERMINATION 4.01 The Coach's employment pursuant to this Agreement may be terminated at any time by either of the parties hereto giving to the other months written notice to that effect, or by the Employer paying the Coach, in addition to any salary or wage or benefit due to him/her, a sum equivalent to month's salary in lieu of notice, which additional payments shall be deemed to have been terminated forthwith Notwithstanding anything herein contained, it is expressly understood and agreed that, if at any time during the employment by the Employer the Coach shall be guilty of any grave misconduct or shall neglect to give his/her whole time and personal attention to his/her employment or shall absent himself/herself therefrom without leave of the Employer, except in the case of illness or accident, or

3 - 3 - shall breach any covenant contained in the Agreement, then and in such event or events the Employer may terminate the Coach's employment forthwith without notice or payment in lieu of notice, and upon such termination the Coach shall not be entitled to claim any compensation or damages for or in respect to or by reason of such termination If the Employer seeks to alter or amend the job description of the Coach set out in Schedule "A" and such amendments and/or alterations are unacceptable to the Coach, the Coach may elect pursuant to this Agreement to terminate this Agreement on the terms and conditions set out in paragraph 4.01 above TERMS AND CONDITIONS 5.01 The Coach shall acquire and maintain a membership in good standing with the Coaches Association of British Columbia throughout the term of this Agreement The Coach shall be compensated for his/her expenses in accordance with the policies of the Employer in respect to expenses properly incurred in the course of his/her employment, including but not limited to the following expenses: a Hotel or accommodation expenses; b Food; c Travel; d Rental of facilities; and e Rental of equipment; and the said policies are attached as Schedule "B" to this Agreement. The parties further agree that any bona fide amendments to the Employer's policies respecting the reimbursement of expenses shall supersede Schedule "B" attached to this Agreement and be binding on the parties hereto.

4 The Coach shall submit such written reports to the Employer as required by the job description provisions set out in the attached Schedule "A" on a (monthly/quarterly/semi-annual basis in a format specified by the Employer The Coach shall be responsible for the training, conduct and discipline of the athletes of the Employer at all times when they are under his/her supervision and he/she shall be authorized to suspend any athlete for conduct which the Coach considers unacceptable. The circumstances respecting the suspension and/or discipline of an athlete must be summarised in writing by the Coach and shall be subject to review by the Employer who will make the final determination about the status of the individual athlete At least once during every period during the term of this Agreement, the Coach's performance of his/her duties pursuant to this Agreement shall be reviewed by the Employer. A written report in respect to such review shall be prepared by the Employer and a copy provided to the Coach The Employer shall designate in writing its officers and/or representatives to whom the Coach shall report and take instructions The Employer will register itself as required pursuant to the Workers' Compensation Act The Employer will maintain adequate third party liability insurance to insure all activities the Coach undertakes in the course of his/her employment EXCLUSIVE EMPLOYMENT 6.01 The Coach shall not perform any of the duties described in Schedule "A" for anyone other than the Employer during the term of his employment without the express written consent of the Employer. The Coach represents to the Employer that he is not under contract or option to engage in any of the activities

5 - 5 - described in Schedule "A" for any other person, club, firm or corporation during the term of his employment and that he has no contractual obligations which would prevent him from entering into the herein Agreement. The Coach shall not enter into negotiations or agreements for his services that are subject to this Agreement with any other person, club, firm or corporation without the express written consent of the Employer EMPLOYEE BENEFITS 7.01 In each calendar year, the Coach shall be entitled to such reasonable period of vacation, not exceeding (two/three/four weeks in any one year, as the Employer may approve, and his vacation shall be taken at such time as the Employer may, from time to time, determine The Employer shall provide the following benefits collateral to the Coach's employment: a Medical Insurance; b Dental Insurance; c Extended Medical Insurance; d Life Insurance; e Disability Insurance and/or Sick Leave The Employer also agrees to pay for the reasonable expenses incurred in connection with programs, courses and seminars to improve the Coach's professional skills, provided that such expenses are approved of in advance by the Employer.

6 GENERAL 8.01 If any provision of this Agreement or any part thereof shall to any extent be found and determined to be invalid, or unenforceable, it shall be severable from this Agreement and the remainder of this Agreement shall be construed as if the invalid provision or part thereof had been deleted from this Agreement This Agreement and all matters arising hereunder shall be interpreted and construed in accordance with the Laws of the Province of British Columbia This Agreement with its attached Schedules contains all the terms and conditions relating to the employment of the Coach by the Employer and supersedes all previous Agreements relating thereto. Any amendment or variation hereof shall be valid only if it is in writing signed by all the parties hereto In this Agreement, the singular includes the plural and vice-versa; the masculine includes the feminine and vice-versa; any reference to a party includes that party's heir, executors, administrators, and permitted assigns, and in the case of a corporation or society, its successor and permitted assigns This Agreement shall ensure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.

7 - 7 - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED by in the presence of: Name EMPLOYER Address Occupation SIGNED, SEALED AND DELIVERED by in the presence of: Name COACH Address Occupation

8 Schedule "A" JOB DESCRIPTION

9 Schedule "B" EXPENSE POLICIES