TACM Contract for services template

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TEMPLATE
SERVICE PROVIDER* - CONTRACT FOR SERVICES
*PROFESSIONAL TENNIS COACH, PROFESSIONAL COACHING BUSINESS
[INSERT CLUB NAME] (this yellow text is difficult to read, possibly change text colour)
AND
[INSERT SERVICE PROVIDER’S NAME]
PRIVATE AND CONFIDENTIAL
Please Note:
This Template - Contract for Services has been designed to assist clubs and independent (non-employee)
Service Providers to form successful, strong, healthy and long-term relationships. Please refer to the
attached supplementary notes for guidance.
Overview
Arguably, the Professional Coach is the most valuable asset for any successful tennis club. Service
Providers are more than court hirers, they are an integral element of successful tennis club operations.
The Service Provider, being autonomous and self employed, comes at no cost to the club, yet has the
capacity to be one of the most important assets of a club. Through the Service Providers professional
marketing and advertising for coaching he/she will bring to the club many potential members, though
ultimately, it is the club that has the responsibility to ensure there is a myriad of programs and services to
convert potential members into actual members.
This template is intended to set out possible terms that may be included in a Service Provider’s contract
for services.
Disclaimer
The information contained in this template is intended as a guide only and is not substitute for
obtaining independent legal advice about your particular circumstances. The information is provided
on the basis that the reader will be responsible for assessing the relevance and accuracy of the
content. While every effort has been made to ensure that the information is accurate, Tennis
Australia and/or any member of its staff will not accept any liability for any loss or damage which may
be incurred by any person acting in reliance upon this template or any information contained in it.
PLEASE NOTE: Clubs should refer to their Member Association for further information, support and
advice.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs/councils/associations/schools engage the services of Tennis Australia
coach members. These coaches are insured, screened (police checked) and meet standards set by Tennis Australia, the
Australian Sports Commission and the International Tennis Federation.
Template – Service Provider – Contract for Services
Page 1
This Contract for Service is made this
Updated 22 September 2009
day of
20____
BETWEEN:
[INSERT CLUB NAME] of [INSERT ADDRESS], [INSERT ABN]
( ‘the Club’)
AND
[INSERT SERVICE PROVIDER’S NAME] of [INSERT ADDRESS], [INSERT ABN]
(’the Service Provider’)
RECITALS
A.
The Club promotes and facilitates participation in tennis at all levels [if applicable add more
details].
B.
The Service Provider is experienced in the delivery of services the subject of this Contract for
Service (“the Agreement”).
C.
The Club wishes to engage the services of the Service Provider.
D.
This Agreement sets out the agreed terms and conditions governing the relationship between the
parties.
IT IS AGREED as follows:
1.
TERM OF CONTRACT
1.1.
This Agreement will operate between the Commencement and Completion Dates set out in Item 2
of Schedule 1 ("Term"), unless it is terminated earlier in accordance with Clause 20.
2.
SERVICES TO BE PROVIDED
2.1.
The Service Provider will provide the services as set out under “Service Deliverables” in Schedule 2
("the Services"). The Club may, after consultation with the Service Provider, vary the Service
Provider’s responsibilities and duties to suit the Club’s needs but not so as to substantially change
the nature of them.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 2
2.2.
Updated 22 September 2009
The Service Provider will be required to provide the Services at times necessary to fulfil the
requirements of this Agreement. The hours during which the Coach agrees to provide the services
are set out in Item 2.1(c) of Schedule 3.
2.3.
At first instance, the Service Provider is required to report to the [INSERT NAME AND POSITION]
( ”the Club’s Representative”).
3.
LOCATION OF SERVICE [DELETE IF NOT APPLICABLE] Only necessary if the location could
change or if there is more than one venue.
3.1.
The Service Provider will primarily work at [INSERT CLUB LOCATION(S) / VENUE(S)], which is
currently located at [INSERT THE ADDRESSES].
4. BENEFITS
4.1 The Club will provide the Service Provider with the benefits set out in Schedule 3 (“Benefits”).
5. CONSIDERATION FOR BENEFITS
5.1
DELETE IF NOT APPLICABLE] In consideration of the Benefits being provided by the Club to the
Service Provider, the Service Provider will pay the amount (“the Fee”) set out in Item 4 of Schedule 1.
Subject to the Club providing the Coach with a valid tax invoice, the Service Provider shall also pay
the Club any GST payable on the Fee.
5.2 [DELETE IF NOT APPLICABLE] The Club will invoice the Service Provider for the Services on [[basis, eg
monthly, quarterly, per term, yearly etc]
6. EXPENSES [DELETE IF NOT APPLICABLE]
6.1 All Coaching related business expenses will be the Service Provider’s responsibility except where the
Service Provider has received prior written approval for any expenses from the Club’s Representative
[insert name of secretary, president or coach liaison officer] Where such approval is granted, all
receipts and invoices must be forwarded to the Club’s Representative within thirty (30) days of
expenditure.
7.
OBLIGATIONS
7.1
In addition to the specific obligations set out in Schedule 3, the Service Provider must:
7.1.1
Provide the Services with due care, skill and diligence and to the best of his / her
knowledge and expertise;
7.1.2
Ensure the Services are provided to the Club’s reasonable satisfaction and for the
benefit of the Club;
7.1.3
Ensure the Services are provided in accordance with the timetable (if any) set out in
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 3
Updated 22 September 2009
Schedule 3, item 2
7.2
7.1.4
Ensure the Services meet the requirements set out in Schedule and any reasonable
instructions and directions given by the Club from time to time, and
7.1.5
Comply with all policies and by-laws of Tennis Australia, including Tennis Australia’s
Member Protection By-law, Anti-Doping policy and ‘Code of Conduct for Coaches’ (set
out at Schedule 4), as amended from time to time; and available via the tennis.com.au
website.
7.1.6
Comply with the National Privacy Principles contained in the Privacy Act 1988 (cth).
The Club will provide:
7.2.1
Such information and assistance as the Service Provider reasonably requires to perform
the Services; and
7.2.2
Such access to relevant facilities controlled by the Club as may be reasonably required by
the Service Provider to enable to Coach to provide the Services.
8.
REPRESENTATIONS & WARRANTIES
8.1
The Service Provider represents and warrants to the Club that:
8.1.1
He / she has requisite expertise in providing the Services;
8.1.2
He / she is duly authorised to enter into this Agreement and the obligations under this
Agreement are valid, binding and enforceable in accordance with its terms;
8.1.3
In having performed and performing the Services, the Service Provider has not been and
will not be in breach of any regulatory requirement, law or any obligation owed to any
person;
8.1.4
The Services (as outlined in Schedule 2) will be fit for the purpose intended; and
8.1.5
He/she will take all reasonable steps to protect personal or sensitive information of a third
party disclosed to the Service Provider in the performance of the Services.
9.
INDEPENDENT CONTRACTOR
9.1
It is agreed that the Service Provider enters into this Agreement as an independent contractor to
the Club. The parties agree that nothing in this Agreement creates a relationship between them of
employer/employee, principal/agent, a joint venture or a partnership.
9.2
The Service Provider shall not by virtue of this Agreement be, or for any purpose be deemed to be,
an employee or agent of the Club unless so deemed for the purposes of the Income Tax Assessment
Act, the Superannuation Guarantee (Administration) Act, Workcover legislation or the Payroll Tax
Assessment Act.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 4
Updated 22 September 2009
9.3
The Service Provider will be responsible for the payment of the Service Provider’s taxation in
respect of any amount the Service Provider receives under this Agreement.
10
SHARED OBJECTIVES
10.1
Shared objectives will be established by the parties for each year of the Term, and reviewed
annually (refer to Schedule 1, Item 1).
10.2
The Club will make necessary resources available to assist in the development of the shared
objectives and to ensure that methods of measuring attainment of the shared objectives are fair
and reasonable.
10.3
The Service Provider will be kept informed of the progress and measurement of the shared
objectives through consultation and feedback every six months, by a mutually nominated agreed
club representative.
11
TRANSFERRING THE BUSINESS OR ASSIGNMENT
[SELECT CLAUSE 11.1, 11.2 & 11.3 OR SELECT CLAUSE 11.1 ASSIGNMENT, DELETE THE CLAUSE(S)
NOT SELECTED]
11.1 Acknowledging that the Service Provider has expended time, effort and money to develop his/her
business and has established a reputation for the Services he / she provides, the club agrees that
the Service Provider has the right to sell his / her business, and assign his/her rights, interests and
obligations under this Agreement (including any renewal options), to a qualified Service Provider
(“the Prospective Service Provider”).
11.2
The Club’s Committee will not unreasonably reject the sale to the Prospective Service Provider.
[Insert number in words] percentage ([insert number] %) of the purchase price of the business will
be forwarded to the Club by the Coach upon his/her receipt of full payment from the Prospective
Service Provider. The purchase price is to be negotiated between the Professional Coach and
Prospective Professional Coach.
11.3
Any assignment of the Coach’s rights, interests and obligations under this Agreement is only valid
for the remainder of the agreed term set out at Item 2 of Schedule 1.
OR
11.1
ASSIGNMENT
The rights and obligations of the Service Provider under this agreement are personal and the
Service Provider shall not, without the prior written approval of the Club and except on such terms
and conditions as are determined in writing by the Club, transfer, assign all or any part of its right,
title and interest in the Agreement to any person or entity.
12
INTELLECTUAL PROPERTY [DELETE IF NOT APPLICABLE]
12.1
Any ideas, concepts, plans, invention, systems, database information, products, or processes
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 5
Updated 22 September 2009
developed or created in whole by the Service Provider during the Term of this Agreement, shall be
the sole and exclusive property of the Service Provider.
12.2
Any ideas, concepts, plans, invention, systems, database information, products, or processes
developed or created in whole by the Club during the Term of this Agreement, shall be the sole
and exclusive property of the Club.
12.3
The proprietary rights in any ideas, concepts, plans, invention, systems, products, or processes
developed or created in part by both the Club and the Service Provider during the Term of this
Agreement, shall be shared equally between the parties OR shall be held by each party in such
proportions as reflect their individual contributions to the development or creation.
12.4
To the extent that the club or the coach, uses an of Tennis Australia’s initiatives or programs, the
parties acknowledge and agree that the proprietary rights in initiatives and programs are and shall
remain the sole and exclusive property of Tennis Australia, and those intiatives and programs may
only be duplicated or modified by the Service Provider or Club, with Tennis Australia ‘s prior
written approval.
13
CONFIDENTIALITY
13.1
The Service Provider agrees that the Service Provider will not, either during the Term of this
Agreement, or after its termination or expiry, disclose to any person or in any way make use of any
confidential, proprietary or sensitive information which is obtained during or incidental to the
performance of the Services under this Agreement unless authorised by the Club’s Representative
to do so.
13.2
The Service Provider must not at any time, whether during the Term of this Agreement or after its
termination or expiry, divulge any of the terms of this Agreement (with the exception of the fact
that the Coach is associated with the Club) to any third party without the Club's consent, unless for
the purpose of taking professional legal or accounting advice or where required to do so by law.
14
OTHER CONTRACTS AND ARRANGEMENTS
15.1
The Club acknowledges that the Service Provider is or may be engaged in other contracts and
professional arrangements.
15.2
The Service Provider agrees not to place him / herself in a situation where the Service Provider has
a financial or personal conflict of interest with the interests of the Club.
15.3
The Service Provider agrees to disclose to the Club any other arrangements or contracts (but not
the financial details of such arrangements or contracts) the Service Provider is engaged in or
intends to be engaged in, where there is an actual or potential financial or personal conflict of
interest.
15
HEALTH & SAFETY
15.1
The Service Provider acknowledges that the Service Provider has obligations under Occupational
Health and Safety legislation in the State or Territory where the Services are performed, including
the obligation to ensure, so far as practicable, that persons are not exposed to health and safety
risks as a result of the performance of the Services.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 6
Updated 22 September 2009
16
INSURANCE & INDEMNITY
16.1
The Service Provider acknowledges that he / she is not covered by the Club’s worker’s
compensation policy and, where applicable, that it is the Service Provider ’s responsibility to take
out employer’s insurance in relation to the Services.
16.2
The Service Provider shall at all times during the Term, maintain professional indemnity insurance,
including suitable run-off cover, in respect of the Services provided under this Agreement. Such
insurance shall be in the sum insured of at least $10 million dollars for each occurrence.
16.3
The Service Provider must maintain during the Term and for a minimum six (6) months after the
end of the Term, public liability insurance for an amount not less than $20 million dollars for any
one occurrence, insuring the Service Provider against liability for the death of or injury to any
person or loss of, destruction of or damage to property due to or arising out of any occurrence or
occurrences happening in connection with the performance of the Service Provider’s obligations
under this Agreement.
16.4
Evidence of such insurance by way of a Certificate of Currency shall be provided to the Club within
14 days of such request being made by the Club.
16.5
The parties acknowledges that evidence of the existence of applicable insurance cover may be
requested by Tennis Australia. Upon receipt of such a request, the Club will be obliged to present
a certificate of currency within 14 days , and the Service Provider consents to the club doing so.
16.6
The Service Provider agrees to indemnify, defend and hold harmless the Club, its directors,
officers, employees and agents (for the purposes of this clause referred to as ‘the Club’) against
loss, damage or expense incurred by the Club as a result of any negligent act or omission, or
breach of this Agreement by the Service Provider, including any third party claim. This includes
any liability for the deduction or payment of taxation in connection with any payments made by
the Club to the Service Provider under this Agreement.
The Club can attain appropriate insurance by being an affiliated member of their respective State/Territory
Member Association.
17
OPTION TO RENEW
17.1
The Service Provider may elect to renew this Agreement on the same terms and conditions, for
successive terms, each of which shall not exceed the period set out in Item 2 of Schedule 1.
Renewal shall be dealt with as follows:
17.1.1 The Service Provider must provide the Club with written notice of his or her desire to
exercise the option to renew no later than three (3) calendar months before the expiration
of the Term or any subsequent term. Such notice must set out the intended renewal
period, and an intended new expiry date.
17.1.2 The Club must, within fourteen (14) days of the date of the notice given under clause
17.1.1, give the Service Provider written notice accepting or rejecting the exercise of the
option to renew this Agreement. If the Club fails to give notice under this sub-clause within
the time stipulated, the parties must meet within 21 days to determine whether the option
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 7
Updated 22 September 2009
will be permitted to be exercised.
17.1.3 If the Club accepts the exercise of the option to renew, this Agreement will be renewed for
the period specified in the notice and the commencement date of the renewed Agreement
will be the day immediately following the Completion Date of this Agreement (as set out
in Item 2 of Schedule 1).
18
DISPUTES
Note that this agreement covers Service Providers who are independent contractors, and so
employment–related grievances are not covered by its scope.
18.1
If any dispute or difference arises between the Service Provider and the Club in respect of this
Agreement (other than any issue arising under Tennis Australia’s Member Protection By-Law), the
parties will refer to the Tennis Australia Grievance Handling Process (as set out on the Tennis
Australia website), complete the Grievance Registration form and refer it to Tennis Australia’s
Coach Membership Grievance Resolution Committee (‘Application’).
18.2
Tennis Australia’s Coach Membership Grievance Resolution Committee will review and assess the
Application and facilitate a discussion between the Coach and a nominated member of the Club’s
committee with a view to resolving the matter amicably.
18.3
If the parties cannot resolve the dispute or difference within a period of two (2) weeks after
discussions have commenced under Clause 18.2 above, then all the members of the Club’s
committee and the Service Provider must meet within 21 days with a view to resolving the matter.
18.4
If the dispute or difference cannot be resolved within a period of 28 days after the meeting
referred to in Clause 18.3 above, the parties will submit the dispute to a mediation body [listed on
Tennis Australia Coach Membership website] for mediation in accordance with the Tennis
Australia Grievance Handling Process. Both parties agree to attend the mediation and to bear the
costs of mediation equally.
18.5
The Club and Service Provider agree to commit to and comply with the Tennis Australia Grievance
Handling Process.
19
TERMINATION
19.1
Despite the dispute resolution process in Clause 18, the Club may terminate this Agreement
without notice and with immediate effect if the Service Provider commits an act of serious
misconduct. Such misconduct may include:
a)
b)
c)
19.2
a charge or conviction for a serious criminal offence;
theft, fraud, assault, or refusing to carry out a lawful and reasonable instruction consistent
with this Agreement; and / or
suspension from practising the Services or suspension pending the hearing of any
disciplinary action brought before Tennis Australia’s Disciplinary Tribunal (in accordance
with Tennis Australia’s ‘Member Protection By-Law’).
If the Club terminates this Agreement under this clause, the Coach will not be entitled to
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 8
Updated 22 September 2009
compensation for early termination.
19.3
Upon termination, the Service Provider shall return to the Club all property belonging to the Club
including, without limitation, documents, equipment and other materials which relate to the
Services.
20
SOLICITATION [DELETE IF NOT APPLICABLE]
[INCLUDE CLAUSE 20 IF TRANSFERRING THE BUSINESS AND THE SERVICE PROVIDER SELLS
HIS OR HER BUSINESS TO A PROSPECTIVE SERVICE PROVIDER].
20.1
If this agreement is terminated by either party or expires and is not renewed:
a) The Service Provider can only communicate with clients on his/her database in respect of
his/her ongoing coaching business
b) The Club can only communicate with members on the Club’s database in respect of the Club’s
ongoing activities and services (including coaching services).
21
GENERAL
21.1
This Agreement may be varied only by agreement in writing between the parties.
21.2
This Agreement, including the Schedules, replaces all previous written or oral agreements or
understandings, if any, reached between the Service Provider and the Club in relation to the
Service Provider’s services.
21.3
This Agreement shall be governed by and construed in accordance with the law in force in the
State or Territory in which the Services are performed and the parties submit to the exclusive
jurisdiction of the courts in that State or Territory.
21.4.1 The clause and clauses entitled ‘representatives and warranties’, ‘independent contractor’,
‘intellectual property’, ‘confidentiality’ and ‘insurance and indemnity’ will survive the expiry or
early termination of this Agreement.
EXECUTED as an agreement
Signed by [INSERT CLUB NAME] on
by its duly
authorised officers:
/
/20____
_______________________________________
[INSERT AUTHORISED (1) OFFICER’S NAME]
______________________________
[INSERT POSITION]
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 9
_______________________________________
[INSERT AUTHORISED (2) OFFICER’S NAME]
Updated 22 September 2009
______________________________
[INSERT POSITION]
[IF THE SERVICE PROVIDER IS A COMPANY, THIS AGREEMENT NEEDS TO BE SIGNED BY TWO
DIRECTORS OR DIRECTOR/SECRETARY]
Signed by [INSERT SERVICE PROVIDER’S NAME] on
/
/20____
______________________________
[INSERT SERVICE PROVIDER’S NAME]
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 10
Updated 22 September 2009
SCHEDULE 1
Item 1 – Objectives
All objectives to be SMART
Specific, Measurable, Achievable, Realistic and Time bound
These objectives provided below have been developed as a guide. Refer to the Tennis Australia Interactiv
e Business Planner CD ROM available from your State/Territory Member Association.
(a)
Club Objectives (sample)
i.
Club – short term (3-5 years)
- To increase the weekly occupancy rates of courts by XX %
- To increase membership from x to y
- To increase the yield per court
- To introduce a capital works plan with defined annual items and costs
- To increase the services, ie offer a crèche, kiosk, competition etc
- Develop a welcoming tennis facility
ii.
Club – long term (10 years)
- Resurface courts to be of a Grand Slam surface type whilst maintaining a minimal environmental
impact or external water requirements
- To increase the programs and services offered to the community
- To increase annual sponsorship
Professional Service Provider Mission
To deliver the highest quality professional coaching services across all target markets. To work with
{Insert Tennis Club} to meet the club’s objectives.
(b)
Professional Service Provider Objectives
Provide a coaching and competition pathway for all juniors]
i.
Coaching
- Provide modified skill development program (aged 4-7 years)
- Provide junior coaching (private and group lessons) (7-10 years)
- Provide junior coaching (private and group lessons) (10-12 years)
- Provide junior coaching (private and group lessons) (12-15 years)
- Provide junior squad training (12-17 years)
- Provide junior coaching (private and group lessons) (15-17 years)
- Provide junior coaching (private and group lessons) (17+ years)
- Provide adult coaching (private and group lessons)
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 11
ii.
Competition
Updated 22 September 2009
- Provide Aviva Tennis Hot Shots for children (aged 7-12 years).
- Provide other junior competition (if not provided by the tennis club)
- Provide adult competition (if not provided by the tennis club)
Objectives of the Club and Service Provider should complement the Club’s short and long term
objectives.
Item 2 – Term
Tennis Australia recommends longer term contracts for service, i.e. three to five years.
Commencement Date: [INSERT DATE]
Completion Date: [INSERT DATE]
Item 3 – Option Period
Tennis Australia recommends two additional option periods of 5 years each (i.e. total possible life of
contract is 3 x 5 years), which supports the vision of long and healthy Club & Service Provider relationships.
Refer to clause 18 , Option to Review, p. 6 of this Template.
[INSERT OPTIONS]
Item 4 – Fee
(a)
Formula for calculation of fees:
[Refer to the supplementary notes of the recommended fee structures for consideration]
(b)
Date/s payment due
[INSERT]
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 12
Updated 22 September 2009
SCHEDULE 2
(*add, delete or amend relevant particulars)
Service Deliverables
The Service Provider will:
1. Encourage and promote Club membership (where relevant).
2. Promote and foster tennis within the Club through his / her Coaching business.
3. Provide coaching balls, coaching aids and equipment to conduct coaching lessons
4. Encourage members to play in competitions for the Club.
5. Supply the Club with a Coaching service.
6. Make every endeavour to raise the Coaching pupils’ level of skills and standard of play.
7. Educate and encourage all pupils on correct dress and court etiquette.
8. If applicable, have first option to exclusively supply a professional restringing service and equipment.
9. Make himself/herself available for consultation in the selection of players for competitions, club
championship and event seedings, should the Club’s committee request him/her to do so.
10. Provide a verbal / written report to the Club’s committee with regard to Services and statistics on a
regular basis throughout the year. Tennis Australia recommends brief reports at the end of every
term. Refer to the Tennis Australia report template.
11. Assist in the coordination of club promotional activities (i.e. open days), as outlined in the services
description.
12. Embrace Tennis Australia strategies and management tools (where relevant).
13. Seek to provide, at all times, the full depth and breadth of tennis services available in consultation with
the club, i.e. tournaments, competitions, organised social play, pro-shop, kiosk etc.
Obligations of the Service Provider
1
The Service Provider will pay the fees referred to in item 4 of Schedule 1 by the due date and will
conscientiously keep accurate records to enable such fees to be calculated.
2
The Service Provider will always have on display in a prominent position, his / her publicity sign clearly
stating he / she is a member of a Tennis Australia endorsed membership organisation.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
Template – Service Provider – Contract for Services
Page 13
Updated 22 September 2009
3
The Service Provider will ensure that his/her employees, assistants, locums, agents and subcontractors (collectively, the “Representatives”) who assist the Service Provider in the provision of
services, are duly qualified and skilled. The Service Provider warrants his / her representatives will be
fully responsible to the Service Provider for their conduct and performance the Service Provider
accepts and releases the club liability resulting from their conduct and/or performance.
4
The Service Provider will obtain Working with Children Checks or relevant State or Territory
equivalent, or, if not applicable national police checks for him / herself and for his / her Representatives
(as required by the Tennis Australia Member Protection By-Law), and provide the Club with evidence
of such checks within 14 days of receipt of such evidence.
5
In respect to any Working with Children Check applications, the Service Provider must ensure that the
name of the Club is included on the application form, so that the Club will be notified of any relevant
findings.
6
The Coach’s employees, assistants, locums, agents and/or contractors must be covered under a
Business Entity Insurance policy. Evidence of such insurance by way of a Certificate of Currency
(covering all qualified and unqualified Coaching employees, assistants, locums, agents and
contractors) shall be provided to the Club within 14 days of such request being made by the Club.
7
The Coach will adhere to Club rules, particularly in relation to the Club’s courts, equipment and
facilities.
8
The Coach will comply with the standards of conduct prescribed by the Tennis Australia’s ‘Code of
Conduct for Service Providers and available at tennis.com.au.
9
The Coach will ensure that he / she is committed to ongoing professional development, and is a
current Tennis Australia Certified Coach.
QUALIFICATIONS
1
The Service Provider must have successfully completed one (or more) of the following courses:
(a) Junior Development Coaching Course (formerly referred to as Level 1 or Development);
(b) Club Professional Course (formerly referred to as Level 2 or Advanced);
(c) High Performance (formerly referred to as Elite).
Further to this the service provider will be a Tennis Australia coach member and meet all requirements of
membership. Where membership is not evident, the service provider will actively seek to become a Tennis
Australia coach member within XX months of the date of execution of this agreement.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider that is a
qualified professional Service Provider and is a member of a Tennis Australia endorsed membership
organisation.
14
SCHEDULE 3
Please add, delete or amend the following benefits as appropriate to your particular situation
SERVICE PROVIDER BENEFITS
1.
1.1.
Exclusivity
The Service Provider will have exclusive rights to provide professional coaching
services, pro-shop, re-stringing service at the Club. Both members and non-members
of the club will be permitted to access Service Provider. The Committee of the Club will
conscientiously monitor for third party Service Providers or members who appear to be
coaching (i.e. have a basket of balls etc) on the premises and prevent or stop such
behaviour.
Service Provider
1.2.
The Club shall not negotiate with another tennis Service Provider in respect of the
Services or similar services during the Term unless this Agreement is due to expire in
less then three (3) months and the Coach has not given notice of intent to exercise an
option under clause 18, or this agreement is terminated under clause 19.
1.3
Despite clauses 1.1 and 1.2 above, the Club reserves the right to appoint a High
Performance Coach, as required, as part of Tennis Australia High Performance
Programs.
2.
Court Use
2.1.
The Service Provider will have exclusive access to provision of coaching services on
courts allocated by the Club for Coaching purposes as follows:(a) Number of courts:
[INSERT NUMBER]
(b) Number of hours per week/month:
[INSERT NUMBER]
(c) Times:
[INSERT TIMES]
DAY
Monday
Tuesday
TIME
TIME
TO
TO
COURT NUMBERS
___________________
___________________
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
15
Wednesday
Thursday
Friday
Saturday
Sunday
TO
TO
TO
TO
TO
___________________
___________________
___________________
___________________
___________________
2.2.
The members of the Club must vacate the Coaching courts during the above periods if
the Service Provider so desires, and the Club will ensure that this occurs.
2.3.
The Service Provider may negotiate with the Club for additional courts, if required for
clinics.
2.4.
The courts will be required by the Club and hence unavailable to the Service Provider
during the following events (and any future events to be agreed between the parties):
[INSERT SPECIAL EVENT DAYS & TIMES]
[if applicable] During these times, the Club will arrange substitute courts at the Club’s
expense.
2.5
In the case of special circumstances, such as limited courts due to water restrictions, the
Club and the Professional Service Provider shall meet and negotiate the use of courts.
3.
Floodlight Use
3.1.
The Service Provider is to have access to, and may utilise the Club’s floodlights for
coaching purposes.
4.
Database
4.1.
The Service Provider will be given access to the Club’s database to enable him/her to
promote coaching services. This clause must be deleted unless access to the database
is consistent with the club’s privacy obligations to members on the database (this may
depend on whether members have “opted in” to receive such promotional
communications}
5.
Absences
5.1
The Service Provider will notify the Club Committee of any intended extended
absences during coaching terms, ie one week or longer.
5.2
The Service Provider may engage an employee, assistant. locum, agent or subcontractor in his / her absence due to holidays or sickness for up to four (4) weeks
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
16
during Coaching terms. The Service Provider must advise the Club in writing if there are
to be further periods of absence during any coaching term.
6.
Standard of Facilities
6.1
The Club must provide Coaching facilities and courts of a reasonable standard.
7.
Advertising
7.1
The Service Provider may advertise his / her Services through the Club’s newsletters (if
applicable).
7.3
Advertising space will be made available on the Club’s noticeboard (if applicable) to
enable the Coach to advertise the Services.
7.4
All advertising will be at the Service Provider’s expense.
8.
Used Tennis Balls
8.1
The Service Provider will be given first option to buy second-hand used balls from club
competitions (if applicable) and social play, at a price to be determined by the club.
8.2
The agreed price per a ball is $[INSERT AMOUNT].
9.
Storage Space
9.1
The Club will allocate the following storage space for the Service Provider’s equipment:
[Insert location, space, key, access etc]
10.
Parking
10.1
If applicable, the Service Provider and any assistant Service Providers will be granted an
allocated parking space as follows:
[Insert details of car park spaces etc]
11.
11.1
Indoor Space
At times to be mutually agreed upon by the parties or in the case of inclement weather,
the Service Provider will be given access to, and use of, a suitable indoor area of the
clubhouse for alternative tennis lessons.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
17
12.
Club Membership
12.1
The Service Provider will be given the same rights and privileges normally afforded to
members of the Club or such other reasonable rights and privileges as may be agreed
upon between the parties.
12.2
[if applicable] The Service Provider will be offered an Honorary Club Membership for
the Term of the Agreement.
12.3
The Service Provider will not be required to play competition tennis for the Club or play
in the Annual Club Championships.
13.
Further Services
13.1
The club will provide the Service Provider with the opportunity to implement new or
innovative services at all times.
14.
Affiliation with Member Association
14.1
The Club will remain affiliated with its state’s Member Association, allowing the club
access to the club development services available from Tennis Australia and its Member
Associations.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
18
SCHEDULE 4
CODE OF CONDUCT FOR SERVICE PROVIDERES
(adapted from the International Tennis Federation Code of Ethics for Coaches)
As a Tennis Australia Service Provider Member or a Service Provider appointed by Tennis
Australia, a Member Association, an Affiliated Organisation, a Member Affiliated Organisation,
a Regional Association or an Affiliated Club you must meet the following requirements in
regard to your conduct during any activity held or sanctioned by Tennis Australia, a Member
Association, an Affiliated Organisation, a Member Affiliated Organisation, a Regional
Association or an Affiliated Club and any role you hold within Tennis Australia, a Member
Association, an Affiliated Organisation, a Member Affiliated Organisation, a Regional
Association or an Affiliated Club.
1. Treat all students with respect at all times. Be honest and consistent with them. Honour all
promises and commitments, both verbal and written.
2. Provide feedback to students and other participants in a caring manner, sensitive to their
needs. Avoid overly negative feedback.
3. Recognise students’ rights to consult with other coaches and advisors. Cooperate fully with
other specialist (e.g., sport scientists, doctors, physiotherapists etc)
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
19
4. Treat all students fairly within the context of their sporting activities, regardless of gender,
race, place of origin, athletic potential, colour, sexual orientation, religion, political beliefs,
socio-economic status, and any other condition.
5. Encourage and facilitate students’ independence and responsibility for their own behaviour,
performance, decisions and actions.
6. Involve the students in decisions that affect them.
7. Determine, in consultation with students and others, what information is confidential and
respect that confidentiality.
8. Encourage a climate of mutual support among your students.
9. Encourage students to respect one another and to expect respect for their worth as
individuals regardless of their level of play.
10. At all times use appropriate training methods which in the long-term will benefit the
students, and avoid those which could be harmful.
11. Ensure that the tasks/training set are suitable for the age, experience, ability and physical
and psychological conditions of the students.
12. Be acutely aware of the power that you as a Service Provider develop with your students in
the Coaching relationship and avoid any sexual intimacy with students that could develop as a
result.
13. Avoid situations with your student that could be construed as compromising.
14. Actively discourage use of performance-enhancing drugs, the use of alcohol and tobacco
and any illegal substance.
15. Respect the fact that your goals as a Service Provider for the student may not always be the
same as that of the student. Aim for excellence based upon realistic goals and due
consideration for the student’s growth and development.
16. Recognise individual differences in students and always think of the student’s long-term
best interests.
17. Set challenges for each student which are both achievable and motivating.
18. At all times act as a role model who promotes the positive aspects of sport and of tennis by
maintaining the highest standards of personal conduct and projecting a favourable image of
tennis and of Coaching at all times.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
20
19. Do not exploit any Coaching relationship to further personal, political, or business interests
at the expense of the best interest of your students.
20. Encourage students and other Service Providers to develop and maintain integrity in their
relationships with others.
21. Respect other Service Providers and always act in a manner characterised by courtesy and
good faith.
22. When asked to Service Provider a student, ensure that any previous Service Providerstudent relationship has been ended by the student/others in a professional manner.
23. Accept and respect the role of officials in ensuring that competitions are conducted fairly
and according to established rules.
24. Know and abide by the tennis rules, regulations and standards, and encourage students to
do likewise. Accept both the letter and the spirit of the rules.
25. Be honest and ensure that qualifications are not misrepresented.
26. Be open to other people’s opinions and willing to continually learn and develop.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
21
SUPPLEMENTARY NOTES
For Information Only
(A)
FINANCIAL ARANGEMENTS
Service Providers throughout Australia have a range of different financial arrangements
with their clubs.
Tennis Australia recommends a fixed term financial arrangement, i.e. per annum, per
term, per semester (not based on a percentage of the income of the Service Provider}.
It is recommended that the financial arrangement includes the use of flood lights and
associated costs.
The financial arrangement can differ due to a number of factors, such as:
a) size of the facility, i.e. number of courts
b) court surface (annual operating costs of some surfaces are less than other
surfaces)
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Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
22
-
c) surrounding population density
d) proximity to clients, i.e. schools
e) facility standard
extent of the role and responsibilities of the Service Provider.
The financial arrangement can be based on:
(i)
Per court usage, i.e. The coach pays the club $x per hour, per court
(ii)
Annual operating costs
(iii)
Operating expense and lifecycle cost recovery for the period the Service
Provider has access to the facility.
For example: The club determines the annual operating costs, plus annual capital costs,
which are divided by the court space the Service Provider uses.
PLEASE NOTE:
Member Association development staff have the skills to guide clubs through accurately
defining the relative operating and lifecycle costs for the period a Service Provider has access.
This may assist establish the minimum payment requirements.
(B)
INSURANCE
Service Providers are in positions of influence and authority while performing Coaching
activities. During these activities service providers provide professional advice to pupils
that a reasonable person may expect to rely upon in their capacity as a tennis student.
Professional Indemnity Insurance protects the Service Provider from any claims
brought against the Service Provider as a result of this professional advice. The tennis
Service Provider has the responsibility and duty of care to his / her pupils and the public
to provide a safe Coaching environment. Public Liability insurance protects the Service
Provider from a claim that may result from them not providing an adequate level of
care and safety for the public while conducting their Coaching related activities.
Tennis Australia expects Service Providers to have $20M Public Liability cover, for any
one occurrence and $10M Professional Indemnity for each occurrence. All Tennis
Australia Coach Members have this insurance as part of their Tennis Australia Coach
Membership. Tennis Australia issues a Certificate of Currency to all its members. The
tennis club is entitled to request a copy or to sight this certificate of currency, as
evidence of the appropriate insurance cover.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
23
(C)
CLUB & SERVICE PROVIDER RELATIONSHIP
Special attention needs to be paid to the sort of relationship being created between the
Club and the Coach. The Coach will either be an employee or an independent
contractor. The legal rights and obligations that apply to each relationship are quite
different. Simply calling the relationship one or the other is not enough and no one
factor or combination of factors will determine the nature of the relationship between
the parties. The parties should consider the components of their unique relationship.
This template is intended to apply to independent contractors.
For example, in general:
-
Employees are under the direction and control of their employer, while
independent contractors usually have the right to control how the work
is done and who performs the work;
-
Employees usually work for one employer on an ongoing basis while
independent contractors usually only work for the duration of a
particular job or on a project with a definite end date;
Employees are usually required to do the work themselves while
independent contractors can usually choose who does the work and
delegate the work to others (and so the independent contractor is likely
to operate their own business);
Independent contractors may supply a significant amount of capital
(including tools or items necessary to enable them to do their work such as tennis balls) as part of their contract;
Employees are usually paid by the hour, while independent contractors
generally get paid to complete a particular job.
-
-
-
This information is intended as a guide only and is not substitute for obtaining
independent legal advice about your particular circumstances. The information is
provided on the basis that the reader will be responsible for assessing the relevance and
accuracy of the content. While every effort has been made to ensure that the
information is accurate, Tennis Australia and any member of its staff will not accept any
liability for any loss or damage which may be incurred by any person acting in reliance
upon this template or any information contained in it.
Tennis Australia provides a range of associated templates and fact sheets to assist the
Club & Service Provider relationship. Go to tennis.com.au/exclusivedownloads to
access some of these templates and fact sheets or contact Tennis Australia Service
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
24
Provider Membership on (03) 9914 4191 or email coachmembership@tennis.com.au or
contact your Member Association.
Tennis Australia Coach Membership
Private Bag 6060
Richmond South, VIC 3121
E: coachmembership@tennis.com.au
T: (03) 9914 4191;
F: (03) 9650 1040
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
25
SAMPLE SERVICES DESCRIPTION
Services Description
Occupant
Professional Tennis Service Provider – [Insert Club]
Vacant
Business Unit
Tennis Services
Status
Service Provider
Location
[Insert venues]
[insert dates]
Position Title
Date
This is only a generic Services Description, the role of the Service Provider and the type of
responsibilities varies considerably on the type of Club environment or scenario, i.e. small
community club, large metropolitan club etc.
PLEASE NOTE: Clubs can refer to their relevant state or territory association for further advice
if so required.
A.
Club Vision (example)
To be the leader in the provision of outstanding tennis services and facilities in the { insert name of region} region
B.
Club Mission (example)
To promote, develop, encourage and grow participation of tennis at { insert name of club /centre} and within
the region in partnership with all stakeholders at a local, state and national level.
To promote tennis as an enjoyable, healthy sport for people of all ages and abilities in a safe and friendly
environment.
To foster and encourage good sportsmanship and fellowship amongst all participants.
To be self sustainable in the future.
C.
Club Objectives (example)
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Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
26
The objectives of the { insert name of club /centre} are categorized in 5 main areas being:
Tennis participation
Coaching
Tournaments and events
Club management and planning
Club facilities
Each objective should have a number of goals, tactics and targets that guide and measure the success of the vision,
mission and objectives. See below (schedule 1) for further examples/ information.
1.
Position Purpose
The overall purpose for this role:
To deliver the highest quality Coaching services across all target markets.
To work with [insert tennis club] to meet the club’s objectives.
2.
Reporting and Liaison
a.
Reporting to: List of position(s) that this position reports to directly or indirectly
[Insert Club Committee]
b.
Positions Reporting to Job Holder: List of positions, which report to this position
[List Assistant Service Providers]
3.
Key Relationships
a.
Internal:
Assistant Service Providers
b.
External:
Club Committee
President
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
27
Parents
Pupils
School personnel, i.e. teachers, principals etc
TA Service Provider Membership
State/Territory Member Association
High Performance Academy (HPA)
5.
Key Responsibilities & Objectives
No.
Key Responsibilities
(i)
To deliver and implement Coaching programs for all target
markets, including:
 Striving to deliver the best Coaching possible
 Aim to promote a quality and enriching Coaching
experience for each pupil, in each lesson.
(ii)
Actively promote Coaching services conducted at [insert club
name] to pupils, club members and the wider community
(iii)
Attend [insert club committee] meetings to provide an update
on the Coaching programs developments, current activities and
activities proposed for the future
Successful reporting of
information to the [insert club
committee]
(iv)
Commit to on-going Education and Professional Development
opportunities to increase skills
Become a Tennis Australia
Certified Service Provider
(v)
Environmental, Health and Safety Responsibilities
1. Comply with {insert tennis clubs} OH&S policies and procedures
2. Take reasonable care for the safety of his/her own health and safety and that of other people who
may be affected by his/her conduct in the workplace
3. Seek guidance about all new or modified work procedures to ensure that any hazardous conditions,
near misses and injures are reported immediately to the Manager
4. Does not wilfully place at risk the health or safety of any person in the work place
5. Does not wilfully or recklessly interfere with or misuse anything provided in the interest of
environmental health and safety or welfare
Complies with the Tennis Australia Code of Conduct for Service Providers
Complies with the Tennis Australia Member Protection By-Law
(vi)
Objectives

Coaching imparted to pupils
is of the highest calibre.
 Club Membership numbers
either remain stable or
increase.
All coaches are qualified to
deliver outstanding Coaching
to students
Active promotion of the Coaching
business
High level of participation.
Complies with Tennis Australia Anti-Doping policy.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
28
6.
Knowledge & Skills, Qualifications, Competencies, Behaviour & Attributes
Knowledge & Skills

Proven tennis Coaching experience working with all ages and abilities (e.g. preschoolers through to
adults)
Highly effective organisational and communication skills
Ability to be creative and innovative in designing and implementing Coaching programs
Proven knowledge of technique and on-court decision-making strategies
Ability to manage, evaluate and relate to pupils, parents and tennis club members




Qualifications and Memberships





Club Professional (formerly known as Level 2 or Development) Coaching qualification (essential)
Tertiary qualifications in teaching (preferred)
First aid certification (essential)
TA Certified (preferred)
Member of a Service Provider organisation (essential)
Competencies, Behaviours & Attributes











Ability to prioritise tasks
Maintain high levels of personal fitness
Ability to utilise available resources to maximise opportunities
Ability to communicate in individual and group environments
Ability to relate well to individuals of all ages and standards
Willingness to be flexible in regard to work schedules and working longer hours to ensure success
of all programs
Creativity and a passion for growing the game of tennis
Cooperative working relationships with all associated individuals
Sound communication skills – both verbal and non-verbal
Well presented and professional
Reliable and punctual
This is only a generic Services Description, the role of the Professional Service Provider and the
type of responsibilities varies considerably on the type of Club environment or scenario, i.e.
small community club, large metropolitan club etc.
PLEASE NOTE:, Clubs can refer to their relevant association for further advice if so required.
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
29
It is recommended that the Club and Professional Service Provider clarify and negotiate the
responsibilities of the Service Provider, in relation to the following points:
-
Observing coaching students in weekend competition
Attendance at casual meetings
Conduct Junior tennis competitions
Extent of involvement with one off club promotions, ie Open Days etc.
How many per year?
Involvement with Club Championships
Blue Text – For Information Only (remember to delete)
Green Text – Substitute with the applicable information
Tennis Australia recommends that tennis clubs seek to engage the services of a service provider
that is a qualified professional Service Provider and is a member of a Tennis Australia endorsed
membership organisation.
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