EXAMPLE TENNIS CLUB
CONTRACT FOR COACHING SERVICES
THIS AGREEMENT dated the________ day of ______________, 2019
PARTIES
EXAMPLE TENNIS CLUB of 1 Tennis Street ("Club"); and
________________________ (“Service Provider”).
AGREEMENT
1. INDEPENDENT CONTRACTORS
a. The Club appoints the Service Provider as an independent contractor and the Service
Provider accepts such appointment by the Club to provide the Services set out in
item 1of Schedule 1 of this Agreement upon the terms and conditions contained in
this Agreement.
b. The parties agree that nothing in this Agreement creates a relationship between
them of employer/employee, principal/agent, a joint venture or a partnership.
c. 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.
2. TERM OF AGREEMENT
a. 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 13.
3. SERVICES
a. The Service Provider shall during the Term of this Agreement:
i. Provide the services described in ltem 1 of Schedule 1 ("Services');
ii. Comply with the Club's policies, regulations and rules as may apply from
time to time, prior notice of which has been delivered to the Service
Provider;
iii. Use its best endeavours to promote and protect the interests of the Club;
and
iv. Promptly carry out and comply with all reasonable and lawful instructions
and directions given to the Service Provider by the Club's Manager.
4. PERFORMANCE REVIEW AND REPORTING
a. The parties agree to convene a review meeting between the Service Provider and
the Club's Manager as and when requested by either party, minimum six monthly.
At these meetings the Club Manager will review the Club's coaching activities and
the Service Provide/s progress in meeting objectives, These meetings will also
provide a formal opportunity for the Service Provider to provide feedback to the
Club.
5. PAYMENT FOR SERVICES TO CLUB
a. Payment for any services provided by the Service Provider to the Club is set out in
ltem 3 of Schedule 1.
6. EXCLUSIVE RIGHTS
a. The Service Provider shall have exclusive rights to perform all tennis coaching
services to members and non-members at the Club.
b. The Service Provider is responsible for the direction and provision of all tennis
coaching at the Club, and the Club will direct all coaching opportunities to the
Service Provider.
c. ln exceptional circumstances, upon prior written approval by the Service Provider,
coaching by another coach ("External Coach") to meet the particular needs of the
Club may be permitted. The Service Provider shall not be responsible, directly or
indirectly, for the actions, default and/or omissions of the External Coach.
7. AVAILABILITYAND PRIVATECOACHING
a. The Service Provider shall be available to Club members for coaching at reasonable
hours. Subject to clause 7.3 below, fees charged to members and non-members for
private coaching will be at the discretion of the Service Provider. Fees for services
provided to the Club are set out in ltem 3, Schedule 1.
b. The Service Provider will liaise with the Club's Manager in relation to the reservation
and use of the Club's courts.
c. Where the Service Provider provides coaching services to non-members at the Club,
the Club will be paid a visitor fee (unless excluded) as set out in ltem 3, Schedule 1
which will be charged in addition to the standard coaching rate.
d. The Club will ensure that at least two (2) courts are available for the Service Provider
at all times. Additional courts may be used during non-peak times.
8. INSURANCE
a. The Service Provider shall be responsible for obtaining and keeping in force during
the Term of this Agreement any insurance that the Service Provider may require or
that the Club may require the Service Provider to have.
9. INTERESTS OF THE CLUB
a. The Service Provider is a representative of the Club and therefore is expected to
conduct himself/herself in a manner which promotes the Club in a positive way. The
Service Provider shall ensure that they advance the interests and reputation of the
Club and shall do nothing that may harm, or is contrary to, the interests of the Club.
b. The Club is also expected to conduct themselves in a positive manner which
promotes the Service Provider in a positive way. The Club shall ensure that they
advance the interests and reputation of the Service Provider and its coaches and
shall do nothing that may harm, or is contrary to, the interests of the Service
Provider.
10. NO ASSIGNMENT
a. The rights and obligations of the Service Provider under this Agreement are
exclusive 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.
11. HEALTH AND SAFTEY
a. The parties agree that the Service Provider shall comply with all of its obligations
under the Health and Safety in Employment Act 1992. The Service Provider shall not
do anything to cause, or which is likely to cause, harm to any of the Club's facilities
or harm or endanger any member of the Club, anyone taking part in coaching, or any
member of the public.
12. LEVIES AND TAXES
a. The Service Provider shall at all times pay all levies, premiums, assessments, taxes or
other payments levied upon him as payable by him as required under the provisions
of the Income Tax Act 1994, the Goods and Services Act 1985, the lnjury Prevention,
Rehabilitation and Compensation Act 2001, and all other legislation as may from
time to time be in force and as may relate to or affect the performance of the
services by the Service Provider.
b. The Service Provider shall indemnify and keep indemnified the Club for the payment
of any taxes, fees, penalties or other charges whatsoever imposed on the Club or the
Service Provider by any governmental authority arising out of or in relation to this
Agreement.
c. lf the Club is or becomes, or reasonably forms the view that it may be, or become
liable for the payment of any taxes, fees, penalties or charges for which the Service
Provider are required to indemnify the Club in accordance with clause 12.2, the Club
may deduct the amount of its liability or prospective liability for such taxes, fees,
penalties or charges from any amount due from the Club to the Service Provider
under this Agreement.
13. TERMINATION
a. The Service Provider may terminate this Agreement by giving four (4) weeks written
notice to the Club.
b. The Club may terminate this Agreement by giving written notice to the Service
Provider:
i. with immediate effect, upon the Service Provider committing an act of
bankruptcy.
ii. With immediate effect if the Service Provider ceases to be managed and
controlled by the agreed person (Head Coach)
iii. with immediate effect where the Service Provider is convicted of a criminal
offence or where the Service Provider brings the Club or tennis generally
into disrepute or behaves in a manner inappropriate to a tennis
professional.
iv. with immediate effect where the Service Provider is guilty of any serious
misconduct or serious breach or wilful neglect of any of the terms of this
Agreement or any of the obligations expressed or implied in this Agreement.
v. with immediate effect where the Service Provider fails to carry out the
Services specified in this Agreement in what is reasonably considered by the
Club to be a proper and effective manner; provided always that prior notice
of such failure to perform has been given to the Service Provider and
reasonable opportunity has been given to the Service Provider to rectify
such default.
vi. of four (4) weeks at the club's discretion (regardless of whether any
circumstances of the type referred to in sub clauses (a) to (d) of this clause
have arisen or occurred).
14. RIGHT TO RENEW
a. The Club shall, upon the written request of the Service Provider and subject to there
being no existing breach of this Agreement on the part of the Service Provider, grant
to the Service Provider a renewal of this Agreement for successive terms, each of
which shall not exceed the period set out in ltem 2 of Schedule 1 and at the then
current prevailing rates for professional tennis coaching, but otherwise on the same
terms and conditions as contained in this Agreement.
b. Renewal shall be dealt with as follows:
i. The Service Provider must provide the Club with written notice of its 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.
ii. The Club must, within fourteen (14) days of the date of the notice given
under clause give the Service Provider written notice accepting or rejecting
the exercise of the option to renew this Agreement. lf 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 will be permitted to
be exercised.
iii. lf the CIub 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 ltem 2 of Schedule 1).
iv. lf the Club declines the exercise of the option to renew, the Club must
provide in writing to the Service Provider, clear justification why this
Agreement will not be renewed for the period specified in the notice (as set
out in ltem 2 of Schedule 1).
15. FORCE MAJEURE
a. Neither party shall be liable for any failure to perform or delay in performing its
obligations under this Agreement where such failure or delay is caused by legislative
or governmental prohibitions or restrictions, fire, flood, hostilities or other causes
whatsoever beyond the parties' reasonable control.
b. ln the event that either party is unable, due to circumstances beyond its reasonable
control, to perform any of its obligations under this Agreement, this Agreement may
be suspended at the option of either party until the circumstances have ceased to
have effect. The parties undertake to give reasonable notice in writing of their
intention to suspend their obligations under this Agreement.
c. ln the event that the suspension of this Agreement under clause 15.2 continues for a
period which either party considers unreasonable then either party may give seven
(7) days' notice of termination of this Agreement. ln the event that the
circumstances that gave rise to the suspension cease to have effect during the
period of the notice then the operation of the Agreement shall resume and the
notice shall lapse. ln the event that the circumstances that gave rise to the
suspension do not cease to have effect during the period of the notice then the
Agreement shall terminate at the end of the notice period.
16. CONFIDENTIAL INFORMATION
a. Except in the proper performance of its duties in accordance with this Agreement,
the Service Provider shall not at any time either directly or indirectly utilise or
divulge to any person, knowledge or information which may be acquired prior to or
during the course of the Service Provider engagement by the Club concerning the
business, affairs, property or other activities of the Club or its members (including
personal information regarding the Club's members). This restriction shall continue
to apply after the term of the Agreement without limit in point of time.
17. INDEMNITY
a. The Service Provider shall at all times indemnify and keep indemnified the Club
against all actions, proceedings, claims, costs and expenses which may be taken or
made against the Club (or which the Club incurs or which become payable by the
Club) as a result of, or arising out of, any breach of this agreement by, or any
wrongful act performed by, or any omission by the Service Provider; provided that
such actions, proceedings and claims are not caused, directly or indirectly, by the
Club and/or its employees, servants, agents, contractors & invitees.
18. COACHES NOT TO BIND THE CLUB
a. The Service Provider shall not at any time enter into any contract with any person or
entity which purports to bind the Club in any manner.
19. MEMBERSHIP
a. The Service Provider shall have full use of the facilities at the Club to carry out
coaching activities during the Term of this Agreement (set out in ltem 4, Schedule l).
20. ASSISTANCE
a. The Service Provider will ensure that it is, at all times, managed by the agreed Head
Coach and that its employees, assistants, agents and sub-contractors who assist the
Service Provider in the provision of Services, are duly qualified and skilled. The
Service Provider warrants its representatives will be fully responsible to the Service
Provider for their conduct and performance. The Service Provider accepts and
releases the Club from any liability resulting from their conduct and/or performance.
21. SECURE SPACE
a. The Club will supply an adequate, safe and secure space for the Service Provider in
which to store tennis equipment; racket restringing facilities and selected retail
items as and when extra space becomes available.
22. DISPUTE RESOLUTION
a. The Club and the Service Provider agree that any dispute or difference ("dispute")
which may arise between the Club and the Service Provider as to the meaning or
application of any part of this Agreement, or any other matter concerning this
Agreement, shall be discussed initially with the Club Manager with a view to a
speedy resolution.
b. lf the Club Manager and the Service Provider are unable to resolve the dispute by
such discussion, the Club Manager shall refer the dispute to the Club Committee
with a view to seeking resolution.
c. lf the Club Manager and the Service Provider are still unable to resolve the dispute
then the Club and the Service Provider hereby agree to endeavour to resolve the
dispute using informal dispute resolution techniques such as mediation or similar
techniques agreed upon. Provided that either the Club or the Service Provider is still
entitled in such circumstances to exercise any right available to it pursuant to clause
13.
d. lf the Club Manager and the Service Provider do not agree within five (5) working
days as to the dispute resolution techniques and procedures to be adopted (or the
procedure adopted is unsuccessful) then the dispute shall be referred by the parties
to an arbitrator appointed by Tennis Auckland.
23. OTHER CONTRACTS AND ARRANGEMENTS
a. The Club acknowledges and is aware that the Service Provider is or may be engaged
in other contracts and professional arrangements.
b. The Service Provider agrees not to place itself in a situation where the Service
Provider has a financial or personal conflict of interest with the interests of the Club.
c. 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 actual or
potential financial or personal conflict of interest.
24. NOTICES
a. All notices shall be in writing and shall be deemed to have been sufficiently served
or given by either party to the other by one or more of the following methods
(without removing the ability to effect service by any other method:
i. delivery or service to the Club or the last known place of residence of the
Service Provider,
ii. the handing of a notice to an officer of the Club or the Service Provider
personally.
25. AMENDMENT
a. The parties may agree during the Term of this agreement to amend or vary the
terms of this Agreement, provided that any amendment or variation must be
recorded in writing and signed by both parties.
26. GENERAL
a. This Agreement, including the Schedule, replaces all previous written or oral
agreements or understandings, if any, reached between the Service Provider and the
Club in relation to the Service Providers services.
b. This Agreement shall be governed by and construed in accordance with the laws in
force in the New Zealand and the parties submit to the exclusive jurisdiction of the
courts in New Zealand.
c. The clause and clauses entitled 'independent contract of and 'confidentiality' will
survive the expiry or early termination of this Agreement.
SIGNED by – President
Example Tennis Club __________________________
In the presence of:
____________________________
SIGNED by
__________________________
In the presence of:
____________________________
SCHEDULE 1 - SERVICES
Role of the Service Provider
The Service Provider agrees to promote the Club and its members (with the assistance and support
of the Club) by:
1. Promote and foster tennis within the Club through its Coaching business.
2. Encourage students and members to compete in tournaments and competitions for the
Club.
3. Supply the Club with a coaching service.
4. Make every endeavour to raise the Coaching pupils' level of skills and standard of play.
5. Educate and encourage all pupils on correct dress and court etiquette.
6. Have first option to exclusively supply a professional restringing service and equipment.
7. Be available for consultation in the selection of players for competitions, club championship
and event seedings, should the Club's committee request so.
8. Provide a verbal / written report to the Club's committee with regard to Services and
statistics on a regular basis throughout the year.
Item 1 - Services
The Service Provider shall provide the following services to the Club:
COACHING
Provide a coaching pathway for all members;
Programme
Responsibility
KPI
When
Junior Coaching
Hot Shots Blue Stage
Coach/Club
1 session/week
Hot Shots Red Stage
Coach/Club
Hot Shots Orange Stage
Coach/Club
Hot Shots Green stage
Coach/Club
Schools partnerships
Coach/Club
3 local school
partnerships
By 30 June annually
School holiday
programme
Coach/Club
2 per year
Junior Coaching (private
& group) 11-17 years
Development squad(s)
11-17 years
Coach/Club
Development squads
for tournament
players 10u, 12u,
14u, 16+
Adult Coaching
Cardio Tennis
Coach/Club
Tennis Xpress
Coach/Club
Private and group
lessons
Coach/Club
Interclub squad training
Coach/Club
TOURNAMENTS AND COMPETITION
Tournament/Comp
Responsibility
KPI
When
Junior
Hot Shots
tournaments (5-10
years)
Coach
3 per year
Scheduled by 30 June Annually
Junior Masters (10-
17)
Club
2 tournaments per
year
Scheduled by 30 June Annually
Junior interclub
teams
Club/Coach
10% growth in junior
teams per year
By 30 Aug annually
ITF Junior Circuit
Club
1 event per year
Junior Social
Tournaments
Coach
Adult/Open
Senior interclub
teams
Club
10% growth in adult
interclub teams per
year
By 30 Aug annually
Kiwi Money
Tournaments
Club
1 tournament per
year
Club Championships
Coach
1 x flex-league
delivered per year
Scheduled and promoted by 30 Sep
Annually
Cardio Tennis Triples
tournament
Coach
2 tournaments per
year
Scheduled by 30 June annually
Adult social
tournaments
Club
TENNIS EQUIPMENT AND A RESTRING SERVICE
_______________ will provide a quality restringing service and basic equipment sales for the clubs
members.
Item 2 - Term of Agreement
_________ will have the first term of the contract for a period of 3 years as listed below:
Term 1
Commencement Date: 1
st
Sept 2014
Completion Date: 31
st
August 2017
Right to renew option
Subject to Clause 14 of this Agreement, ____________ shall be entitled to two (2) additional option
periods of 3 years each which supports the vision of long and healthy Club & Service Provider
relationships.
Term 2
Commencement Date: 1
st
September 2017
Completion Date: 31
st
August 2020
Term 3
Commencement Date: 1
st
September 2O20
Completion Date: 31
st
August 2023
Item 3 – Fees and Payments
Court Hire Fees
The Court hire fees agreed between Example Tennis Club and ___________ are as follows:
• $500 per month
Non-member coaching
• Non-members can attend a group or private coaching session at the club. Each visit will
require __________ to reimburse the Club $5 per session.
• ______________ must maintain an accurate schedule of usage and submit to the Club on
the last day of each calendar month.
• Club will generate an invoice ________payable on the 20
th
of that month.
Membership Commission
The Club agrees to reimburse _____________ the following commission payments for any new
members that __________________ encourages to join as members. Commission will only be
payable on members that contact ___________________ directly in the first instance.
• Senior Member - $10
• Junior Member - $2.50
Coaching Services
Tennis coaching services provided for Club scheduled tennis activities or events for hours agreed
between the Service Provider and the Club is paid as follows:
Club social sessions:
• Junior coach - $20 per hour (inc GST)
Club events:
• Senior coach - $45 per hour (inc GST)
• Junior coach - $35 per hour (inc GST)
• This discounted rate above applies for a minimum of two (2) hours otherwise the standard
rate of $60 per hour (inclusive GST) applies.
• The discounted rate can only be used for Club related events and tournaments, otherwise
standard rates apply.
• Should the club request any additional coaching or event services during the month, the
service provider is to supply an invoice detailing any additional hours by the end of each
month. The club is to pay the service provider for hours worked by the 20
th
of the following
month based on the coach rates above.
Item 4 - Membership: Named Coaches
2 named coaches (as at the date of this Agreement):
1. Director / Head Coach:
2. Senior Coach: _________________
Any additional assistant or junior coaches required to assist with the coaching services are not
required to pay a membership unless they wish to utilise the courts for personal use or play for the
club. ln these instances, they are required to pay a full membership subscription. All coaches will
also sign a "fair usage" policy that will adhere with the clubs and service providers guidelines. The
policy will be maintained by the service provider.
Item 5 – Coaching Team Qualifications and Professional Development
Regarding the coaching team, the Service Provider will ensure that the following minimum
qualification and professional development standards are upheld;
Minimum
qualification
Head Coach
ITF Level 2 (Club
Professional) or
equivalent
Full-time/Senior
Coaches
ITF Level 1 (Junior
Development) or
equivalent
Part-time or casual
Assistant Coaches
Coaching Assistant
Course