A.B.N. 37 152 883 899
Dear Josh Delnido ,
Congratulations on your recent appointment as a coach at Northbridge FC (the Club).
This letter outlines our understanding and requirements of your role during the 2021 season.
Any reference to “the Club” covers Northbridge FC and its related entities and brands.
To accept this offer, please take the time to review the attached Coaching Services Agreement carefully and complete the following:
- Sign the acceptance on the last page;
- Upload a copy of your current Australian (FFA/FNSW) Accredited Coaching Certificate (or equivalent) and;
- Complete and submit the Bank Details Form
If you have any questions concerning this offer please do not hesitate to contact me to discuss further.
Welcome to the Northbridge FC team.
Northbridge FC / North Shore Mariners FC
COACHING SERVICES AGREEMENT
1 YOUR POSITION
The Club offers you the position of
Head Coach SL U14
In this role you will report to Football Development Manager.
Please note that the Club reserves the right to make changes to these arrangements after discussion with you. If your position changes for any reason, the terms of this Agreement (including clause [4.2]) will continue to apply to you unless expressly varied by the parties.
You will initially be based at Northbridge Oval or such other location determined by the Club within the area of Sydney. The Club may also require you to travel on Club business.
1.1 Commencement Date and Term of Service
Your services will commence on 01/02/2021 and continue until the end of the Football Association competition season (including finals) or either you or the Club terminates it in accordance with this Agreement.
1.2 Expectations Regarding Performance and Acceptable Behaviour
Northbridge FC is a player focused organisation that values its reputation and maintaining a good working environment. You will need to ensure that you:
- carry out to the best of your abilities, the duties assigned to you by the Club from time to time;
- meet required performance standards set by the Club;
- carry out your work in a proper and efficient manner;
- comply with all directions issued by the Club from time to time; and
- comply with the terms of relevant legislation including completing required training and maintaining standards of good fame and character.
A. Hours of Work
You are expected to work in consultation with the Football Development Manager in regards to your hours of work. Your usual work pattern is expected to include evenings and weekends. From time to time, you may be required to work ordinary and additional hours at any other times or days including any public holiday within the meaning given in section 115 of the Fair Work Act 2009, as varied or replaced from time to time, (Public Holiday) without additional remuneration. This is reflected in the rate of your Fee which is to compensate you for all the hours you work and when those hours are worked.
As directed by the Football Development Manager, you are required to:
- attend your coaching sessions and matches as detailed by the competition draw and pre-season trial games, inline with the job description,
- Meet the responsibilities and key outcomes as outlined in the position description document provided,
- attend meetings from time to time with other coaches,
- maintain your current coaching qualifications and to effect and maintain membership of, or accreditation with the appropriate professional association,
- prepare all coaching sessions in accordance with the Northbridge FC coaching program, process and protocol provided to you; and,
- comply with all reasonable directions and instructions given by the Club through nominated representatives
You must perform your role in accordance with the Football NSW Coaches Code of Conduct and in accordance with all relevant Football NSW, FFA, Northern Suburbs Football Association (NSFA) and Club policies. These policies may be varied from time to time.
Please note that you must comply with the Club’s Member Protection Policy. This includes restrictions around attendance in player change-rooms without suitable adult accompaniment and communication with players. For clarity, there should be no direct electronic communication between you as coach and any player under the age of 18 years, other than through the club allocated team manager or team management online module.
1.3 Additional requirements of your role
The role you are accepting requires you to be Working With Children (WWC) compliant. You agree that you will maintain your WWC qualification by undertaking continuous education as required throughout the term of your engagement.
2 COACHING SERVICE FEE
2.1 The Fee
In consideration for the performance of these coaching duties, the Club will pay an honorarium of $4500 paid in equal monthly instalments between February 2021 and August 2021.
The monthly instalments will be paid into a bank account nominated by you.
Should you wish to alter these payment terms then this should be communicated in writing to email@example.com. Any relevant Invoices, under this arrangement, should be sent to firstname.lastname@example.org
Should you not be able to attend a coaching session or a match you must liaise with the Technical Director to organise a suitable replacement coach. Unless prior agreement has been received in writing from the Club to cover the costs of any conflicts resulting from game scheduling conflicts, you are to make your own arrangements for payment of the replacement coach for that session.
The club will not pay the coach that covers your session. It is the sole responsibility of you to organise payment.
The Club will cover certain expenses related to accommodation regarding early away regional games. Written approval must be obtained prior to incurring any such expenses.
The Club will provide the following clothing if not already provided in previous seasons:
- Club winter jacket,
- Club tracksuit bottom,
- Club polo shirts,
- Club sweater, and
- Club shorts with pockets,
which should be worn at all training sessions and matches.
2.6 Additional Services
Should you be requested to provide additional services you must obtain prior written approval from the Club to obtain payment for coaching sessions, matches or work that is not covered by this agreement for which you will require payment.
Any additional payments will be made at an approved hourly rate. No payment will be made for any work performed without prior written approval. Written approval must be obtained from the Technical Director.
You must submit an invoice for any additional payment claimed which includes a description of the work performed, the team, the date/s the work was performed, the time spent, and the amount claimed. This must be signed off and approved by the Technical Director.
2.7 Set Off and Deductions
The Club may set off any amounts you owe it against any amounts it owes you except for amounts it is not entitled by law to set off. In particular, the Club may make deductions from your Fee for the purposes of recovering any previous overpayment to you.
3 PROTECTING THE CLUB’S INTERESTS
3.1 Outside Interests
It is important that you devote appropriate time and attention to your role at the Club and that any potential conflicts of interest are declared so that they can be minimised or removed. Without limiting the generality of this requirement, during your service term, you must not, without first obtaining the written consent of the Club:
- hold any directorships or other offices in, or accept any appointment to, any other entity or body if to do so will interfere in any way with your obligations to the Club;
- carry on any other trade, business or profession in competition with the Club;
- become an employee, agent or contractor of any other person if to do so will interfere in any way with your obligations to the Club; or
- have any interest in any other business that competes with, or is a supplier to the Club.
3.2 Confidential Information
During your service term, you will have access to confidential information belonging to the Club, its stakeholders or players and customers.
You must not, at any time, during your service term with the Club other than in the performance of your duties:
- disclose directly or indirectly, any Confidential Information to any other person(s), except with the prior written consent of the Club;
- use Confidential Information, or attempt to do so, either for your own or anyone else’s benefit; or
- retain, copy or reproduce any Confidential Information (in any form).
You must immediately notify the Club of any suspected or actual unauthorised use, copying or disclosure of Confidential Information.
Additionally, you must not, at any time, either during your service term with the Club or after the termination of your services, disclose to any current or former employee or service provider of the Club your remuneration or other terms and conditions of your service agreement other than in the performance of your duties.
On termination of your service, you must return to the Club the Confidential Information in your possession, power or control. In addition, your obligations under this clause continue to apply after the termination of your service except in relation to information that is part of your general skill and knowledge.
For the purposes of this clause and this Agreement, Confidential Information means:
A. all confidential information including, but not limited to:
- trade secrets and confidential know-how; and
- financial, accounting, marketing and technical information, player lists, customer and supplier lists, know-how, technology, operating procedures, price lists, databases, source codes and methodologies, of which you become aware or generate (both before and after the day this Agreement is signed) in the course of, or in connection with, your service with the Club (including confidential information belonging to a third party); and
B. all copies, notes and records based on or incorporating the information referred to in paragraph (a), but does not include any information that was public knowledge when this Agreement was signed or became so at a later date (other than as a result of a breach of confidentiality by, or involving, you).
4 LEAVING THE CLUB
You may terminate this Agreement at any time by providing four weeks notice in writing to the Club (or such shorter period as may be agreed by your manager in writing).
4.2 Termination on Notice by the Club
The Club may terminate this Agreement for any reason by providing you with four weeks notice in writing (or such longer period as may be required under applicable legislation).
4.3 Leave during the Notice Period or Period of Suspension
Where either you or the Club give notice of termination of your services, or you are suspended under clause 4.5, the Club may at its discretion require that you:
- not attend its offices;
- not undertake any work or duties;
- undertake only/any limited work or duties;
- not have any contact with any customers, suppliers or employees of the Club or its Related Entities;
- return company property;
- take annual leave or (if applicable) long service leave;
- resign all roles and offices held as a consequence of your engagement; or any combination of the foregoing.
During this period:
- you will continue to receive your Fee;
- you cannot commence similar services with or for another employer, entity or company that is in direct competition to the Clubs interests, until the date that your engagement terminates; and
- the Club may also terminate or suspend your access to any of its computer systems.
4.4 Payment in Lieu of Notice
When notice of termination of this Agreement is given by either you or the Club, the Club may in its absolute discretion elect to make a payment to you of a proportionate amount of your Fee in lieu of notice for the unexpired part of any period of notice. If the Club does so, then your service terminates on the date the Club notifies you of this election.
4.5 Immediate Termination
The Club may terminate your engagement immediately (without any payment in lieu) if you:
- commit an act of dishonesty, fraud, wilful disobedience; serious misconduct or wilful negligence;
- are charged with a criminal offence which in the Club’s reasonable opinion may negatively impact your ability to perform your duties or may negatively impact the Club’s reputation;
- persistently or materially fail to perform or observe any lawful direction or breach any term of this Agreement;
- become bankrupt or make an arrangement or composition with creditors; or
- fail or refuse to comply with a material provision of the policies or procedures of the Club as amended from time to time.
If the Club terminates your services under this clause, no payment will be made to you other than the payment of your Fee to the date of termination.
The Club may suspend you with pay while investigating any matter which it believes could lead to the Club exercising its rights under this clause or taking other disciplinary action.
4.6 Resignation from Associated Positions
Upon termination of your services with the Club, you must immediately resign from any offices and positions that you hold in connection with your engagement with the Club. You irrevocably appoint the Secretary of Northbridge FC as your agent to execute any documents on your behalf if the Club considers it necessary to do so.
After the termination of your services, you must not represent that you are in any way connected with or interested in the business of the Club or its Related Entities.
4.7 Dispute Resolution
Should a dispute or disagreement arise during the performance of your duties at the Club you agree to first notify the President of the Club, who will take steps for an informal resolution process to be implemented.
If the matter is not resolved following the informal resolution process the formal dispute resolution procedures as documented within the Club’s member Protection Policy will then be followed.
4.8 Return of Property
If your service is terminated for any reason, you must immediately return to the Club all tangible property belonging to the Club, its Related Entities and their clients or customers including, but not limited to, all documents, papers, materials, keys, computer equipment, software, credit cards, footballs and football equipment (eg bibs, cones etc) and records relating to the business or activities of the Club including materials provided by clients or customers, which you have in your possession or under your power or control.
5.1 In clause 5.2 relating to non-solicitation:
Client means any person, player, firm or entity who was, at any time in the 12 months prior to the termination of your service with the Club:
- a player, client or customer of the Club or any of its Related Entities; and
- with whom you worked or had contact or dealings at any time during the last 12 months of your service.
Business means any business carried on by the Club or any of its Related Entities in which you worked at any time during the last 12 months of your service term.
5.2 You must not, without prior written consent of the Club, for a period of 6 months from the date of termination of your services:
- directly or indirectly approach, canvass, solicit, accept any approach from or deal with any player or client with a view to obtaining the business or custom of that player or client in a business that is the same as or similar to any part or parts of the Business;
- accept any approach or proposal, whether direct or indirect, from any player or Client for you to work for or provide services to it, if the work or services would be in competition with services that the Club provides to that Client;
- solicit, interfere with or endeavour to entice away from the Club any service provider of the Club with whom you worked at any time during the last 12 months of your service term; or
- counsel, procure or otherwise assist any person, firm or entity to do any of the acts referred to above.
5.3 You acknowledge that the duration, extent and application of the restrictions set out in clause 5.2 are no greater than is reasonably necessary for the protection of the interests of the Club and its Related Entities.
5.4 If you breach any of your obligations under clause 5.2 then, in addition and without prejudice to any other remedy which the Club may have, the Club is entitled to seek and obtain injunctive relief in any court of competent jurisdiction.
5.5 If the period of the restraint in clause 5.2 of 6 months is adjudged by a court as being invalid, then substitute 3 months and if 3 months is adjudged by a court as being invalid, then substitute 1 month.
5.6 Each restriction in clause 5 is intended to be separate and severable. If any of these are found to be invalid or ineffective, but would be valid or effective if some portions were deleted, then such portions will apply with such modifications as may be necessary to make them valid or effective.
If, for whatever reason, some part of this Agreement is set aside, then the remainder of the Agreement will continue to operate.
7 REFERENCE TO LAWS
Where this Agreement refers to any law (including an Industrial Instrument):
- the law operates according to its terms (with the consequence that it may not apply to you and may be varied, rescinded or replaced); and
- the law is not incorporated into this Agreement and compliance with the law is not a term of this Agreement.
8 ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties in respect of the matters dealt with in this Agreement and supersedes all prior agreements, understandings and negotiations in respect of the matters dealt with in this Agreement. Any policies of the Club referred to in this Agreement or otherwise do not form part of this Agreement and are not intended to be contractual in nature.
The parties acknowledge and agree that, with the exception of the matters referred to in this Agreement, there are no other side agreements, understandings, provisos or representations whether written or oral upon which you are relying on the execution of this Agreement.
This Agreement may not be modified or changed except in writing signed by The Club and you.
10 GOVERNING LAW
This Agreement shall be governed by, construed and take effect in accordance with the law for the time being in force in the State of New South Wales and the parties hereto irrevocably submit to the jurisdiction of the courts of the State of New South Wales.
I accept the terms and conditions set out in this document.