ATHLETICS AND SPORTS
Form 1: Coach's Employment Contract
--------------------------------------------------------------------------------------------------------------------This Agreement is made between [Full name and address of Institution] ("Institution") and
[Full name and address of Other Contracting Party] ("Coach").
RECITALS
A.
Institution needs the services of an athletic coach to coach Institution's [men's/women's]
[junior] varsity [sport] team; and
B.
[Full name of Coach] represents that [he/she] meets Institution's
qualifications for the position and is available for employment in this capacity by Institution.
TERMS
In consideration of the mutual covenants, promises and conditions in this Contract,
Institution and Coach agree as follows:
1.0
Employment.
1.1
Subject to the conditions stated in this Agreement, Institution employs Coach as
head coach of the [men's/women's] [junior] varsity [sport] team ("Sports Team") at Institution, and
Coach agrees to and accepts the terms and conditions for employment outlined in this Agreement.
1.2
Coach shall work under the immediate supervision of the Athletic Director of
Institution, ("Athletic Director") or the Director's designee, and shall confer with the Director
on all matters requiring administrative and technical decisions. Coach shall be under the general
supervision of the President of the Institution. Athletic Director and Coach may confer with the
President if a problem cannot otherwise be resolved.
1.3
Coach shall manage and supervise the Sports Team, and perform such other duties
in the intercollegiate athletic program of Institution as may be assigned. Institution reserves the
right to reassign Coach to duties other than as head coach of the Sports Team, while retaining the
salaries and benefits stated herein.
2.0
Term.
2.1
This is a fixed term appointment, for a term of
years(s), commencing on __ ,
______,19 and terminating on
, 19 , without further notice to Coach, subject to the
policies and procedures of Institution and the conditions stated herein.
Athletics and Sports: Form 1
2.2
This contract is renewable solely upon an offer from Institution and acceptance by
Coach, both of which must be in writing signed by the parties. This employment in no way grants
Coach a claim to tenure in employment, or any years of employment attributable to tenure within
Institution.
3.0
Compensation.
3.1
In consideration for services and satisfactory performance of the conditions of this
Agreement by Coach, Institution promises to provide Coach:
3.1.1 An annual salary of $
(
dollars), effective
, 19 ,
payable in equal monthly installments on the
day of each calendar month;
3.1.2 An annual increase in salary, to be effective in each succeeding year, which
increase will be in an amount no less than any cost-of-living increase (or equivalent), given by
Institution to its non-academic administrative employees;
3.1.3 An annual contribution to an annuity fund in accord with Institution's
personnel policies pertaining to all non-academic administrative personnel.
3.1.4 If the Sports Team should participate in a game referred to as Post-Season
game, then Institution shall pay to Coach and to each of the full-time assistant coaches a bonus
equal to [
] % of salary.
3.1.5 Subject to the availability of funds and the terms of subsequent promotional
arrangements, if any, which are approved by Institution, Coach may receive additional
compensation for performance of extraordinary services in promoting the athletic and other
interests of Institution (for example, special media appearances).
3.1.6 An automobile that Institution will maintain.
3.1.7 Membership in one country club, subject to approval by Institution.
3.1.8 Tickets at no charge, in the following numbers: home games:
; away
games:
; post-season games:
. Coach shall have an option to purchase additional tickets as
follows:
.
3.2
It is agreed that the compensation so paid shall be subject to the same payroll
deductions that apply to Institution's non-academic administrative employees.
3.3
Coach shall participate in Institution's group insurance and retirement programs and
shall be eligible to participate in the voluntary payroll deduction programs on the same basis, and
with the same employer contributions, that apply to Institution's non-academic administrative
employees.
4.0
Coach's Duties.
4.1
as follows:
In consideration of the annual salary and other benefits, Coach promises and agrees
Athletics and Sports: Form 1
4.1.1 Faithfully and conscientiously to devote reasonable efforts to perform the
coaching duties stated herein and assigned by the Athletic Director and the President within the
budget allocated;
4.1.2 Devote full-time, attention, and energy to the duties of head coach as
required herein, to the promotion of the Institution's Athletic program; and to avoid any business or
professional activities or pursuits that would prevent Coach from devoting full time to performance
of the duties under this Agreement, or that would embarrass Institution or detract in any manner
from the duties outlined herein;
4.1.3 Know, recognize, and comply with the laws, policies, rules, and regulations
governing Institution and its employees [and the rules of the National Collegiate Athletic
Association] and the
Conference, as now constituted or as they may be amended during the
term hereof, to supervise and ensure that the assistant coaches and any other employees for which
Coach is administratively responsible comply with the aforesaid policies, rules, and regulations, and
to immediately advise the Athletic Director if Coach has reasonable cause to believe violations
have occurred or will occur.
4.1.4 Develop programs and procedures with respect to the evaluation,
recruitment, training, and coaching of student athletes to compete successfully while assuring the
welfare of student athletes;
4.1.5 Observe and uphold all academic standards, requirements, and policies of
Institution;
4.1.6 Submit to the Athletic Director a written report evaluating the Sports Team
program within
days after last game of season, including an evaluation of the assistant
coaches;
4.1.7 Encourage student athletes to perform to their highest academic potential,
obtain the highest grades possible, and graduate.
4.2
It is further agreed that Coach will not receive outside compensation without prior
written consent of Board, President, or Athletic Director, which consent shall not be
unreasonably withheld, and shall disclose to Institution all outside compensation Coach receives
and the source of such compensation.
4.3
Coach shall maximize radio and television coverage favorable to Institution, but
shall receive remuneration for such appearances, for any endorsements, or public presentations only
upon securing prior written consent as noted in Section 4.2.
5.0
Travel.
Coach shall conduct such travel within the allotted budget as is necessary to carry out duties
as head
coach, and Coach shall be entitled to reimbursement for transportation and per
diem expenses at the rate of
.
Athletics and Sports: Form 1
6.0
Termination for Just Cause.
6.1
Institution has the right to terminate this Agreement for Just Cause, in which case
prior to termination but subject to the provisions concerning suspension, Coach shall be given
notice and an opportunity to be heard. In addition to its meaning in Institution documents related to
faculty, and its normally understood meaning in employment contracts, the term "just cause" shall
be understood to include, but not be limited to, all of the following:
6.1.1 A deliberate or serious violation of the duties set forth in this Agreement or
refusal or unwillingness to perform such duties in good faith and to the best of Coach's abilities,
which includes in addition to the usual and customary coaching activities, recruiting, assisting duly
authorized alumni, booster club and Institution Development Foundation activities, and cooperating
with the news media;
6.1.2 A violation by Coach of any of the other terms and conditions of this
Agreement not remedied after thirty (30) days' written notice thereof to Coach;
6.1.3 Any conduct of Coach that constitutes moral turpitude, or which would tend
to bring public disrespect, contempt, or ridicule upon Institution, or failure to follow the high moral
and ethical standards commonly expected of Coach as a leading representative of the Department of
Intercollegiate Athletics at Institution;
6.1.4 A deliberate or serious violation of any law, regulation, rule, constitutional
provision or bylaw of Institution, the athletic conference, or the [NCAA], which violation may, in
the sole judgment of Institution, reflect adversely upon Institution or its athletic program, including
any serious violation that could result in Institution being placed on probation or punished more
severely by the Conference or the [NCAA];
6.1.5 Prolonged absence from duty without Institution's consent; and,
6.1.6 Failure to positively represent Institution and Institution's athletic programs
in private and public forums.
6.2
The Director of Intercollegiate Athletics shall have administrative authority to
immediately suspend Coach on a pre-hearing basis from performance of some or all duties with or
without salary payments permanently or temporarily for a period of up to
months without
termination of this Agreement for causes set forth in this Section 6.0 et. seq.
6.2.11 Coach shall have the procedural right, upon written request, for a review and
hearing relative to any such suspension ordered by the Director of Intercollegiate Athletics. Any
such hearing shall be governed by the normal Institution grievance procedures provided for nonacademic administrative employees, as now or hereafter amended, unless other procedures are
agreed upon by the parties in lieu thereof.
6.3
Termination of this Agreement by Institution may occur only by decision of the
[President/entire Governing Board or a duly authorized and constituted subcommittee of the Board]
after ten (10) days' prior written notice of the charges against Coach and an opportunity
1
Editor's Note: Each institution should have its own procedures concerning due process hearings,
which Counsel should consult.
Athletics and Sports: Form 1
for Coach to present evidence. Coach may seek/obtain the assistance of an attorney to aid in
the production of evidence; however, such attorney may not actively participate in the proceeding.
6.4
In the event Institution terminates this Agreement for just cause prior to the end of
this Agreement, all obligations of Institution to make further payments and/or to provide other
consideration hereunder shall cease as of the end of the month in which such termination occurs.
6.5
Coach has the right to terminate this Agreement for Just Cause, if Institution is in
substantial breach of terms of the Agreement not remedied after thirty (30) days' written
notice thereof from Coach. In such event, Institution shall pay to Coach, as liquidated damages, an
amount equal to
months of Coach's annual salary.
6.6
In no case shall Institution be liable to Coach for any liquidated damages, or loss of
any collateral business opportunities or any other benefits, perquisites, or income from any other
sources.
7.0 Termination Without Cause.
7.1
Notwithstanding any other provision of this Agreement, this Agreement shall
terminate automatically if Coach dies or becomes totally or permanently disabled (as defined by
Institution). Any such termination shall not be reason for payment of any liquidated damages set
forth below.
7.2
At any time after commencement of this Agreement, Institution may terminate this
Agreement by giving
days' written notice to Coach, such termination to become effective no
earlier than
days after receipt of such written notice.
7.2.1 In the event Institution terminates this Agreement without cause, Institution
shall pay to Coach, as liquidated damages, an amount equal to
months of Coach's annual
salary, to be paid on a monthly basis prorated over the remainder of the term of the Agreement.
Coach shall be entitled to continue health insurance and group life insurance at Coach's expense for
up to
months after the effective date of termination. Institution shall not be liable for any
liquidated damages or loss of any collateral business opportunities or any other benefits, perquisites,
or income from any sources that might ensue as a result of Institution's termination of this
Agreement without cause.
7.2.2 The parties have bargained for and agreed to the foregoing liquidated
damages provision, giving consideration to the fact that Coach may lose certain benefits,
supplemental compensation or outside compensation relating to his employment at Institution,
which damages are extremely difficult to determine with certainty, or fairly or adequately. The
parties further agree that payment of such liquidated damages by Institution and acceptance thereof
by Coach shall constitute adequate and reasonable compensation to Coach for damages and injury
suffered because of such termination by Institution. The foregoing shall not be, nor be construed to
be, a penalty.
Athletics and Sports: Form 1
7.2.3 Notwithstanding the liquidated damages provisions, Coach agrees to
mitigate Institution's obligations to pay liquidated damages by making reasonable and diligent
efforts to obtain employment. After Coach obtains such new employment, Institution's financial
obligations under this Agreement, including liquidated damages, shall cease.
7.3
Coach recognizes that the promise to work for Institution for the entire term of this
Agreement is of the essence of this Agreement. Coach also recognizes that Institution is making a
highly valuable investment in Coach's employment by entering into this Agreement and that
Institution's investment would be lost if Coach were to resign or otherwise terminate employment
with Institution before the end of the contract term. Nonetheless, it is agreed that at any time after
commencement of this Agreement, Coach may terminate this Agreement by giving
days'
written notice to Institution, such termination to become effective no earlier than
days after
receipt of such written notice.
7.3.1 In the event Coach terminates this Agreement without cause, Coach shall
pay to Institution, as liquidated damages, an amount equal to
months of Coach's annual
salary, to be paid within
days after the effective date of termination. Coach shall be entitled to
continue health insurance and group life insurance at Coach's expense for up to
months
after the effective date of termination, but shall not be entitled to any other employee benefits
except as otherwise provided herein or required by applicable law. Institution shall not be liable for
the loss of any collateral business opportunities or any other benefits, perquisites, or income from
any sources that might ensue as a result of Coach's termination of this Agreement without cause.
7.3.2 The parties have bargained for and agreed to the foregoing liquidated
damages provision, giving consideration to the fact that Institution will incur administrative,
recruiting and resettlement costs in obtaining a replacement for Coach, in addition to potentially
increased compensation costs if Coach terminates this Agreement prior to its expiration, which
damages are extremely difficult to determine with certainty. The parties further agree that the
payment of such liquidated damages by Coach and acceptance thereof by Institution shall constitute
adequate and reasonable compensation to Institution for the damages and injury suffered by it
because of such termination by Coach. The foregoing shall not be, nor be construed to be, a
penalty.
8.0
Outside Employment.
Coach agrees not to personally, or through any agent actively seek, negotiate for, or accept
other full-time or part-time employment of any nature during the term of this Agreement without
first having obtained written consent from the Director of Intercollegiate Athletics and from the
President of Institution.
9.0
Personal Services.
9.1
Coach represents to have special, exceptional, and unique knowledge, skill, and
ability as a [sport] coach which, in addition to the future development of coaching experience
at Institution, as well as Institution's special need for continuity in its Team Sport program, will
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render Coach's services unique. Coach recognizes that the loss of Coach's services to Institution,
without Institution approval and release, prior to the expiration of the term of this Agreement or any
renewal thereof, would cause an inherent loss to Institution which cannot be estimated with
certainty, or fairly or adequately compensated by money damages.
9.2
Coach therefore agrees, and specifically promises, not to accept employment, under
any circumstances, as a [sport] coach at any institution of higher education which is a member of
the [athletic conference/association], or for any [sport] team participating in any professional league
or conference in the United States or elsewhere, requiring performance of duties prior to the
expiration date of the term of this Agreement or any extension thereof, without first obtaining a
written release of this Agreement or a negotiated settlement
thereof in writing accepted by Coach and the President of the Institution and approved by the
Board.
9.3
Coach agrees that Institution shall have the right, in addition to any other rights
which Institution may possess, to obtain an injunction by appropriate judicial proceedings to
prevent Coach from performing coaching activities or other related services in violation of this
Agreement, for any person, institution, firm, corporation or other entity; and against any other
breach of this Agreement. Coach also agrees to indemnify and hold Institution harmless for its
costs in any injunction proceeding including court costs and attorney's fees.
10.0
Support Staff.
Coach shall have the right to select and retain
assistant [sport] coaches, subject to the
approval of the Director of Intercollegiate Athletics, and shall have as support staff,
secretary(ies) and
. Employment and discharge of such assistants shall be
effected under Governing Board regulations and policies.
11.0
Relationship Between the Parties.
The relationship between Coach and Institution shall be determined solely by the terms and
conditions of this Agreement.
12.0
Governing Law.
This Agreement shall be governed by and construed under the laws of the State of
, the courts of which shall be the forum for any lawsuits arising from or incident to
this Agreement.
13.0
Severability.
If any provision of this Agreement shall be determined to be void, invalid, unenforceable or
illegal for any reason, it shall be ineffective only to the extent of such prohibition and the validity
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and enforceability of all the remaining provisions shall not be affected thereby.
14.0
Impossibility.
Institution may cancel this Agreement at any time upon
days' notice without further
obligation due to a determination by the Governing Board to eliminate the Sports Team program for
lack of funds, or a decision to discontinue the program made in accordance with Institution policies
and procedures.
15.0
Entire Agreement; Modification.
This Agreement contains all the terms between the parties and may be amended only in
writing signed by both parties.
IN WITNESS WHEREOF, Coach and the authorized representative(s) of Institution have
executed this Agreement on this
day of
, 20 .
INSTITUTION:
[Full Legal Name of Institution]
by
(Signature)
(Printed Name)
(Title)
COACH:
[Full Legal Name of Coach]
by ______________________
(Signature)
(Printed Name)
______________________
(Title)
Athletics and Sports: Form 1