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AGREEMENT: SPORTS COACH

[SCHOOL LETTERHEAD]

date

name

address

Dear <name

Theinsert School name> (the "School") is pleased to offer you (the "Contractor") engagement as an independent contractor on the terms and conditions detailed in this letter of agreement (the "Agreement"). The School engages you as a Sports Coach to provide services as described in Schedule A (the "Services") of this Agreement.

1.Commencement: This Agreement will commence on <date> and will continue [until either party terminates this Agreement in accordance with clauses 2 and 3 below. OR to theend of the sports season on <insert date of end of relevant sports season> unless terminated earlier by either party in accordance with clauses 2 and 3 below].

2.Termination: Either party may terminate this Agreement without any reason whatsoever by giving number of weeks/months written notice to the other or a payment in lieu of notice. Any payment in lieu of notice shall be calculated by reference to the average fees earned by the Contractor over the course of the Agreement.

3.Summary Termination: The School reserves the right to summarily terminate this Agreement at any time after its commencement for any action as follows by the Contractor:

(i)any material breach of the terms and conditions of this Agreement, or;

(ii)any action that could or has damaged the reputation of the School; or,

(iii)any action or omission that constitutes serious misconduct

4.No Obligation: The School will be under no obligation whatsoever to provide work for or to make available any particular volume of work to the Contractor. The School will provide work to the Contractor on an "as and when required" basis. The School will be under no obligation to engage the Contractor for any further sports seasons.

5.Written Prior Approval: The Contractor must not commence any work for the School without the written prior approval of the School. The School will agree with the Contractor at the beginning of each <school year or term?> the students the Contractor shall coach and the time and duration of each training session.

6.Work Premises: The School will allow the Contractor to use the School’s facilities of thegymnasium, courts, fields> for performance of the Services.

7.Use of Equipment: The Contractor may utilise the School's sports equipment to undertake the Services. The Contractor agrees to use any such equipment in a safe and responsible manner.

8.Expenses:The School will reimburse the Contractor for all reasonableexpenses where incurred by the Contractor. The Contractor must obtain prior agreement from the School and provide a valid receipt when claiming reimbursement> OR <The Contractor will be responsible for all expenses incurred by the Contractor to perform the Services>.

9.Not an Employee: The Contractor is in all respects an independent contractor and not an employee or partner or subsidiary of the School. The Contractor will be solely liable for all of [his/her] debts, losses and expenses on [his/her] income.

10.Payment: The Contractor's fee will be calculated in accordance with Schedule B of this Agreement.

11.Taxation: The Contractor is responsible for all taxation which may be payable in respect of earnings from this Agreement. The Contractor is solely responsible for payment of all taxes, duties or levies which may be payable in respect of payments or benefits provided by the School under this Agreement and the School will make no deductions on account of tax and any other imposition except which the School is required by law to make.

12.Accident Compensation Levies: The Contractor agrees to comply with all accident compensation legislation and to pay premiums or levies required under that legislation.

13.Goods and Services Tax: The Contractor will ensure that [he/she]is registered for GST purposes (if necessary) and will providethe School with [his/her] GST number, should the School require it.

14.Confidentiality: All information pertaining to the business of the School and its students (especially any information that could be considered private and sensitive to a student) will be held in strict confidence by the Contractor, both during the term of this Agreement and after its termination.

15.Return of School Property: On termination of this Agreement the Contractor will return to the School, all School property supplied to the Contractor or otherwise acquired by [him/her] during the term of this Agreement.

16.Police Vetting: The Contractor must complete a New Zealand Police vetting check. The offer of engagement remains conditional until such time as this has been completed and the result is satisfactory to the School. The Contractor agrees to the necessary information being accessed. The Contractor must complete and return to the School the form attached as Appendix A.

17.Health And Safety: The Contractor agrees to comply with all health and safety rules and procedures of the School.

18.Indemnity: The Contractor will indemnify the School against any loss, damage or expense incurred by the School as a result of the activities of the Contractor.

19.Insurance: The Contractor will maintain such insurance as is necessary to meet theterms of this Agreement.

20.No Claim as an Employee: The Contractor agrees that at no stageeither during or subsequent to the termination of this Agreement will the Contractor claim that [he/she] is or was an employee of the School.

21.Independence: The Contractor shall beentitled to work for other organisations, including other schools and educational institutes, from time to time. The Contractor will recognise the commitment [he/she] has made to provide the Services and the commitment as to the number of hours and students [he/she] will coach in a school year. In recognising such, the Contractor will ensure that other business commitments do not conflict with performance of the Services.

22.Review of Rates: The parties shall meet each year to consult and to review the contract rates specified in Schedule B. The School will be under no obligation to agree to the Contractor increasing [his/her] rate. The School will take into account market rates charged by other sports coaches.

23.Dispute Resolution: If any dispute or difference arises between any of the parties in connection with this Agreement, any party may give written notice specifying the nature of the dispute and [his][her][its] intention to refer such dispute or difference to mediation. If a request to mediate is made then the party making the request will invite the chairperson for the time being of the New Zealand Chapter of Lawyers Engaged in Alternative Dispute Resolution ("LEADR") to appoint a mediator to enable the parties to mediate and settle the dispute. All discussions in the mediation will be without prejudice and will not be referred to in any later proceedings. The parties will bear their own costs in the mediation and will equally share the mediator's costs.

24.No Assignment: The Contractor will not assign this Agreement to any person, nor will [he/she] sub-contract or delegate to any person any of [his/her] obligations under it without the prior written consent of the School.

25.Conduct: Because the Services involve contact with students, the School requires the Contractor to be aware of its policies in relation to appropriate behaviour with students. The Contractor must ensure that [he/she] does not act in any way that could be considered an form of harassment of a student, nor any form of inappropriate physical contact or dialogue with a student. The Contractor must not swear in front of any student. The Contractor must not say anything derogatory about the School in front of any student or parent. Any conduct of the nature described in this clause, will be considered serious misconduct and grounds for a summary termination of this Agreement.

26.Acknowledgement of Advice: The Contractor acknowledges that [he/she] has had an opportunity to seek advice about this Agreement and intends this arrangement to be that of independent contractor.

27.Completeness: The parties agree that this Agreement supersedes all prior agreements that the School may haveentered into with the Contractor.

Signed on day of by the parties below, by way of agreement to the terms and conditions of this letter.

SIGNED by:

representative of School
insert School name

Witness:

Signature of witness

Full name of witness

Occupation of witness

Address of witness

SIGNED by name as Contractor in the presence of:

Witness:

Signature of witness

Full name of witness

Occupation of witness

Address of witness

SCHEDULE A

SERVICES

The Contractor shall perform the following duties:

  • Coach and train such [students or teams of students] in [insert sport/s] as the School directs at the beginning of each [school year or insert relevant period of season].
  • The Contractor will organise and undertake selection of students for sports teams (including the undertaking of trial games).
  • The Contractor will attend all competition games for the sports teams. [Or if a single sport – the Contractor will attend any relevant competition meetings for the student/s].
  • [If the Contractor is responsible for, say, driving a School vehicle with the students to a competition game, then this must be stipulated. You could amend the school equipment clause to refer to an obligation on the Contractor to take all necessary care in driving the school vehicle. If the Contractor will be able to claim for reimbursement of fuel expenses, then include the suggested clause 8 as to the Contractor providing receipts for expenses incurred in performing the Services.]
  • The Contractor will undertake coaching and training of the students in a positive and encouraging manner.
  • The Contractor will respect the varying fitness levels of the students and while working to improve their fitness, will ensure that no student is required to undertake training tasks which extend that student beyond a safe level of physical exercise.

The Contractor shall report to [insert position of relevant staff member] in respect of performance of the Services.

SCHEDULE B

PAYMENT

The fee payable to the Contractor will be on the following basis:

  • $<amount> (exclusive of GST) per hour.
  • the Contractor will provide the School with a monthly invoice for the hours worked (provided prior approval for the work has been given by the School) for the previous calendar month.
  • Payment will be made by the School <insert the method (ie bank account) and the time of payment eg day of month

APPENDIX A

[insertform to be completed by Contractor]