EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into as of this 1st day of June, ______(the “Effective Date”), by and between Fort Worth United Soccer Club, Inc. a Texas not for profit, 501(c)(3) professional association (the “Company”), and
______
(the “Coach”).
WHEREAS, the Company is a Texas association engaged in Competitive Soccer in the State of Texas;
WHEREAS, the Company desires to employ the Coach to render soccer training and coaching services;
WHEREAS, the Coach desires to accept employment by the Company to render Soccer Coaching services; and
WHEREAS, the parties desire to set forth in writing the terms and conditions of the Coach’s employment by the Company;
THEREFORE, in consideration of the premises and the mutual covenants and conditions
set forth herein, the parties agree as follows:
ARTICLE I
EMPLOYMENT
1.0 Engagement of Contractor. Subject to the terms of this agreement, the Company engages the Coach as an independent contractor to perform the services provided under this agreement. The Coach accepts this engagement.
1.1 Employment. Without limiting the generality of the foregoing, the Coach agrees to observe and comply with the rules, regulations, policies and procedures of the Company as adopted from time to time by the Board of Directors of the Company (the “Board of Directors”) or any committee thereof within reasonable standards in the profession, either orally or in writing, regarding the quality, cost and efficiency of player instruction and training as well as the utilization of soccer resources provided by employees of the Company. The Coach likewise agrees to abide by the Rules and Regulations of the North Texas State Soccer Association.
The Coach understands and agrees that the Company shall have final authority over the acceptance or refusal of any player and over the amount of fees to be charged any player.
1.2 Commencement Date of Employment. The Coach’s employment with the Company shall commence on ______(as extended pursuant hereto, the “Commencement Date”) provided that the Coach is or becomes duly licensed as no less than a “D” License Coach; provided, however, that if, for any reason whatsoever, the Coach has not become duly licensed to coach (and provided satisfactory evidence thereof to the Company) by ______(as extended pursuant hereto, the “License Deadline Date”), then this Agreement may be terminated at the Company’s option upon written notice from the Company to the Coach, in which event the Company shall have no liability or obligation hereunder or otherwise to the Coach.
1.3 Duties. The Coach shall render coaching services in accordance with the standard of care and rules of conduct generally expected of a member of the coaching profession. The Coach’s duties shall include, but not be limited to, keeping and maintaining (or causing to be kept and maintained) appropriate records relating to all professional services rendered under this Agreement and preparing and attending to, in connection with such services, all reports, claims and correspondence necessary and appropriate under the circumstances, all of which records, reports, and correspondence shall belong to the Company. The Coach shall further promote, by entertainment or otherwise, the Company as and to the extent permitted by law and the Rules and Regulations of the North Texas State Soccer Association, and the applicable canons of professional ethics. The Coach shall do all things reasonably desirable to maintain and improve his/his professional skills. The Coach’s other duties shall be as the Company may from time to time reasonably direct, including replacement assignments, rotated in a reasonable manner.
1.4 Exclusive Service. The Coach shall devote such time as may be required to perform his duties under this Agreement. During the Term (as such term is hereinafter defined), the Coach shall not at any time or place whatsoever, either directly or indirectly, engage in the practice of soccer to any extent whatsoever, except under and pursuant to this Agreement or as otherwise expressly permitted by the Board of Directors. The Coach may expend reasonable amounts of time for personal or outside business and charitable and professional activities as long as such activities do not materially interfere with his obligations under this Agreement.
1.5 Independent Contractor Status. The parties are independent contractors, and this agreement does not make the Coach an employee, partner, agent of, or joint venturer with, the Company for any purpose. The Coach is, and will remain, an independent contractor in the Coach’s relationships to the Company. The Company is not responsible for withholding taxes from compensation paid to the Coach under this agreement. The Coach shall have no claim against the Company under this agreement or otherwise for vacation pay, sick leave, retirement benefits, social security, workers compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
1.6 Charges and Accounts Receivable. All fees or other income and accounts receivable attributable to the Coach’s professional Soccer services during the Term shall belong exclusively to the Company, and the Coach shall hold such fees or other income and accounts receivable for the benefit of, and pay the same over promptly to, the Company.
ARTICLE II
COMPENSATION
2.1 Base Salary. As compensation for the services rendered by the Coach to the Company during the Term, the Company shall pay to the Coach a base salary (the “Base Salary”). The Base Salary will be at a monthly rate of $______per team. The Base Salary will be paid and will accrue in accordance with the standard payroll policies of the Company as from time to time in effect and in accordance with conditions as described in Article IV. The Base Salary will be paid for each team the Coach forms during Open Practices and Tryouts.
Such Base Salary payments shall NOT be subject to appropriate FICA and federal income tax and other withholding. The Company shall review the Base Salary at least annually; provided, however, that such review shall not entitle the Coach to any increase in his Base Salary and any increase in the Base Salary shall be made only in the sole and arbitrary discretion of the Company.
Checks are issued on the first day of the month and represent payment for services rendered for the previous month, unless you choose to make prior acceptable arrangements with the Coaching Director and the Treasurer.
The first month the Base Salary is to be paid in June of the Calendar year and shall be paid in the amount of $500 per team that is Coached during the period of Open Practices. The net amount of the base for the month of June will be paid in July for those teams that form. The coach herein waives the net amount of the month for those teams that do not form. The Company is not liable for payment for teams that do not form.
2.2 Bonuses. The Company shall pay to the Coach the bonuses described on Schedule I attached hereto and incorporated by reference herein, subject to the performance criteria set forth therein.
2.3 Holidays and Sick Leave. The Coach shall be entitled to such holidays and paid sick leave as are consistent with the Company’s standard policies, practices and procedures as in effect from time to time for employees of the Company.
ARTICLE III
TERM
The term of the Coach’s employment with the Company (the “Term”) shall commence on the Commencement Date and continue until May 31st of the following year, unless sooner terminated pursuant to the termination provisions hereof. The Coach understands that such employment relationship may not be modified by any oral or implied agreement, and that no employee handbook, nor any course of conduct, practice, policy, award, promotion, performance evaluation, transfer, or length of service shall modify such employment relationship.
ARTICLE IV
CONDITIONS DURING EMPLOYMENT
4.1 Rules and Regulations of the North Texas State Soccer Association (NTSSA). All areas covered by the Rules and Regulations of the NTSSA will be known by and will be followed by Coach.
4.2 Records and Player Information. All records, personal and regular files concerning all players of the Company or players interviewed or coached by the Coach shall belong to and remain the property of the Company.
4.3 Facilities, Expenses and Support Staff Provided by Company. The Company shall provide and maintain such facilities, equipment, supplies and support staff, including, without limitation, manager, other Coaching assistants as well as usual and customary Club administration and support, as it deems necessary for the Coach’s performance of his professional duties under this Agreement.
4.3 Monthly Activity Reports and Release of Base Pay. The Coach shall provide monthly activity reports in writing to the Company. The Coach understands and agrees that such monthly activity reports must first be approved by the Company before Coach’s Base Pay is released and distributed.
4.4 Ejections and Stipend Reduction. The Company and Coach agree that teaching and modeling good sportsmanship is an expectation of every coach. Any ejection of a coach shall be self-reported to the Company immediately. For each ejection, an automatic stipend reduction, the amount of which shall be determined by the Company, shall be assessed.
4.5 Appeals and Discipline Rulings. The Coach shall agree to abide by any and all rulings of the Company Appeals and Discipline committee, if any.
4.6 Facilities and Expenses Provided by Coach. The Coach shall have, maintain, and use when appropriate an automobile, home telephone, and other facilities and equipment reasonably needed in connection with his employment under this Agreement, all of which shall be at the Coach’s expense except as may be reimbursed by the Company. The Coach shall also carry automobile public liability insurance to protect himself and the Company against claims arising out of the use of said automobile in the course of his employment by the Company. Such insurance shall be in not less than such amounts as the Company may from time to time reasonably direct.
4.7 Delinquent Player Accounts and Withholding of Coach Base Pay. The Coach shall abide by Company policy with regards to collection of player dues. If the balance of a team that is coached becomes delinquent, a percentage of the Coach Base Pay may be withheld until such time that the team delinquency is corrected.
ARTICLE V
INDEMNITY AND RISK MANAGEMENT
During the Term, the Coach shall hold harmless and indemnify the Company, its shareholders and their respective successors and assigns, from and against any and all liabilities, costs, damages, expenses and attorneys’ fees incurred by the Company, its shareholders and their respective successors and assigns arising out of or resulting from or attributable to any and all acts and omissions of the Coach to the extent that such liabilities, costs, damages, expenses and attorneys’ fees are not covered or compensated for. The provisions of the immediately preceding sentence shall survive any termination of this Agreement or the Coach’s employment with the Company.
The Coach shall complete and have filed annually the Risk Management form as required by NTSSA.
ARTICLE VI
TERMINATION
6.1 Involuntary Termination. The Company may terminate this agreement at any time. This Agreement, and the Coach’s employment with the Company, shall be terminated automatically upon the occurrence of any of the following events:
(a) The suspension, revocation or cancellation of the Coach’s right to coach by the North Texas State Soccer Association (NTSSA); or
(b) The imposition of any restrictions or limitations by any governmental authority to such an extent, as reasonably determined by the Company, that the Coach cannot engage in the soccer practice for which she was employed; or
(c) The dissolution of the team; or
(d) The breakup of a team as determined by the Club; or
(e) The death of the Coach; or
(f) The discontinuation of the Coach from the coaching of soccer; or
(g) The Coach conducts himself in an immoral, unprofessional, unethical or fraudulent manner; or
(h) The Coach is found guilty of unprofessional or unethical conduct by any board, institution, organization or professional society having any privilege or right to pass upon the conduct of the Coach; or
(i) The Coach’s conduct discredits the Company or is detrimental to the reputation, character and standing of the Company (in each case as reasonably determined by the Company); or
(j) The Coach has committed an act of personal dishonesty, willful misconduct, breach of fiduciary duty, willful violation of law, rule or regulation (other than a law, rule or regulation relating to a traffic violation or a similar offense) or a final cease-and-desist order; or
(k) Any reason described in Section 1.2 hereof; or
(l) The disability of the Coach, whether by reason of injury, illness, or otherwise, to the extent that the Coach is physically or mentally incapacitated and unable
to render services to the Company and its players in accordance with this Agreement for a period of 30 days out of any consecutive 90-day period (excluding any leaves of absence approved in writing by the Company). Such disability shall be determined by a licensed physician selected by the Company and reasonably satisfactory to the Coach.
In the event where the Coach has more than one team affecting his employ with the Company, and one or more (but not all) teams are affected by 6.1 (c) or (d), the effect will be to terminate his employ with only those teams.
6.2 Termination by Company on Notice of Breach. In addition to the termination provisions set forth in Sections 6.1 and 6.3 hereof, this Agreement and the Coach’s employment with the Company may be terminated by the Company if, after written notice from the Company to the Coach, the Coach thereafter fails or refuses in any substantive manner to fully and diligently furnish professional coaching services, or to otherwise perform his duties and obligations hereunder, to the level of expectation of the Company and in accordance with the provisions of this Agreement.