COACHING AGREEMENT This Coaching Agreement (the “Agreement”) is between Southlake Carroll Lacrosse Association (“SCLA”) and COACH NAME (the “Coach”). RECITALS WHEREAS, SCLA is a non-profit corporation formed to promote the game of lacrosse by providing a positive environment where boys and girls living in and around Southlake, Texas interested in learning the skills and tactics of lacrosse can participate as teammates in leagues and tournaments; WHEREAS, SCLA is comprised of a number of teams of different age groups; and WHEREAS, SCLA desires to retain the Coach to coach the AGE GROUP grade teams (the “Teams”) of SCLA pursuant to the terms and conditions of this Agreement. WITNESSETH NOW, THEREFORE, in consideration of the foregoing, the mutual promises and covenants contained herein and other good, valuable, sufficient, and received consideration, SCLA and the Coach hereby agree as follows: 1. Retention. SCLA hereby retains the Coach, and the coach hereby accepts such retention, to coach the Teams for one year beginning January 1, 2013 and ending May 31, 2013. The Coach agrees to comply in all respects with this Agreement and all applicable SCLA By-Laws, Policies and Procedures, as amended from time to time, the receipt for which is hereby acknowledged. 2. Compensation. SCLA will pay the Coach a coaching fee of $1,500.00 over the term of this agreement. The fee will be payable in three equal installments on or about February 1, 2013, March 1, 2013, and April 1, 2013. In addition, SCLA will reimburse the costs of the Coach’s annual membership with the US Lacrosse Association, subject to submission of proper documentation to the SCLA Treasurer. 3. No Authority to Bind SCLA or the Team. The Coach has no authority to enter into contracts or agreements on behalf of SCLA or the Team or otherwise spend SCLA or Team funds. This Agreement does not create a partnership or agency relationship between the parties. SCLA BOYS COACHING AGREEMENT (COMPENSATED) page - 1 - 4. Reimbursement of Coach’s Expenses. For tournaments or games which the Team participates located outside of a 50-mile radius of Southlake, Texas, SCLA will reimburse the Coach for expenses as follows: a. Use of personal vehicle determined by the number of miles driven multiplied by the maximum allowable IRS reimbursement rate; b. Cost of rental vehicle if the Coach flies to the event provided prior travel authority is approved by the SCLA; c. Airline ticket (coach-fare) if the Coach flies provided prior travel authority is approved by the SCLA; d. $50 per diem for food and beverages, when overnight stay is required; e. Lodging at the same hotel at which the majority of parents stay for the number of nights of the tournament; f. Unforeseen but reasonable and necessary expenditures incurred on behalf of SCLA or the Team, with the prior approval of the SCLA. Reimbursement is conditioned upon receipt of proper documentation by the SCLA Treasurer. Except as expressly set forth in this section, SCLA shall not be liable to reimburse the Coach for any expenses the Coach pays or incurs (including without limitation, food, entertainment, Team or personal equipment, gifts, etc.) unless agreed to in writing by the SCLA prior to being incurred by the Coach. 5. Independent Contractor Status. The status of the Coach under this Agreement shall be that of an independent contractor and not that of an agent or an employee of the SCLA. Neither federal, state, nor any other payroll tax of any kind shall be withheld or paid by SCLA on behalf of the Coach. Coach is personally responsible for any tax of any kind that may be due or owing as a result of compensation provided for herein. In accordance with the terms of this Agreement and the understanding of the parties hereto, the Coach shall not be treated as an employee of the SCLA with respect to services performed for federal or state purposes. Because the Coach is engaged as an independent contractor and not an employee of the SCLA, SCLA is not obligated to and shall not obtain any type of insurance (including without limitation, Workers’ Compensation or Medical Coverage) for the Coach or any of the assistant coaches hired by the Coach. 6. Other Employment/ Hours /Behavior. SCLA hereby represents that the SCLA BOYS COACHING AGREEMENT (COMPENSATED) page - 2 - Coach is not expected, and will not be required, to devote his full or exclusive time and attention to coaching the Teams. The Coach is free to coach other teams as long as such teams are not directly competitive against the Teams, and/or provided that the Coach will not miss a scheduled league or tournament game to coach such other team or teams. In the event the Coach is faced with coaching against any Southlake Team because of his responsibilities to another Team, the Coach must choose to coach the SCLA team. The Coach shall endeavor to attend and coach all scheduled games. If circumstances preclude attendance, the coach will notify the SCLA Athletic Director in advance and endeavor to have a substitute available. While coaching, instructing, transporting, or otherwise dealing in any manner with the players, the Coach shall behave in a manner consistent with that of professionally paid coaches, coaching similar teams with players of similar ages. The Coach shall refrain from: (a) using profane language; (b) acting in or a lewd or obnoxious manner; (c) using illegal drugs or alcohol while performing hereunder; (d) making derogatory or demeaning comments to players; (e) violating any federal, state, local laws, statutes, regulations; (f) violating any Lacrosse bylaw, rule or regulations; or (g) violating any aspect of the SCLA bylaws, regulations or any aspect of this Agreement. The Coach will not actively solicit through phone, email, letter, or in person SCLA players or parents for personal, political, or religious reasons. This provision includes any solicitation for private lessons or inclusion of any select/travel teams, without written authorization by SCLA Athletic Director. The Coach agrees to submit, and communicate information reasonably necessary, to conduct a background check. 7. The Coach shall notify the Athletic Director and Program Director in writing of behavior by the Team’s assistant coaches, players, or parents which is deemed by the Coach to be conduct that is detrimental to SCLA or the Team, for further consideration of disciplinary action. The Coach acknowledges that discipline for misconduct is the sole province of the Athletic Director and the SCLA. 8. Termination. The SCLA may terminate this Agreement at any time, for any or no reason and with or without cause, which termination shall be effective immediately. If the termination is for cause, no further compensation under this agreement shall be required by the SCLA to the Coach. Termination for cause shall be defined to be (1) any violation of this agreement; (2) any act or conduct that calls into question the moral turpitude of the Coach; (3) any violation of the criminal laws of any state; (4) any violation of any SCLA BOYS COACHING AGREEMENT (COMPENSATED) page - 3 - federal, state or local civil law, regulation or statute; or (5) by failing to achieve the goals and objectives of the SCLA. 9. Indemnification. The Coach agrees to indemnify, defend and hold harmless SCLA from and against any and all loss, costs, damages and expenses, including reasonable attorney’s fees, arising from or incurred in connection with Coach’s breach of this Agreement. 10. Notices. Any notice given in connection with this Agreement shall be in writing and shall be delivered by hand or by mail at the party’s address stated below: Southlake Carroll Lacrosse Association PO Box 92327 Southlake, Texas 76092 COACH NAME _______________ _______________ 11. Modification. No change, modification, or waiver of any term of this Agreement shall be valid unless it is in writing and signed by both the Coach and Athletic Director. 12. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and supersedes all prior agreements or understandings between them. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 14. Binding Arbitration. In the event the Coach seeks to enforce this agreement upon termination for cause, this matter will be arbitrated in Tarrant County, Texas. The SCLA will have the right to choose two arbitrators and the Coach will have the right to choose one arbitrator. The decision of the arbitration panel will be final and not appealable. The prevailing party at arbitration will be entitled to attorney’s fees and costs. There is no right to jury trial or trial before a judge. SCLA BOYS COACHING AGREEMENT (COMPENSATED) page - 4 - IN WITNESS WHEREOF, the parties hereby have executed this Agreement to be effective as of the date hereof. ______________________________ Robert Urchick Date: _________ SOUTHLAKE CARROLL LACROSSE ASSOCIATION ______________________________ Date:___________ By: Scott Heikkila Youth Boys Athletic Director SCLA BOYS COACHING AGREEMENT (COMPENSATED) page - 5 -