Memorandum Of Agreement for Sports Professionals

MEMORANDUM OF AGREEMENT:

WHEREAS the TRUE SPORTS (PTY) LTD (herein represented by: W. Truter and who shall be referred to hereinafter as the AGENT) is in the business of sourcing and placing suitable and qualified coaches in coaching positions at various Organisations throughout South Africa;

AND WHEREAS THE SPORTS PROFESSIONAL (as seen in above information and who shall be referred to hereinafter as THE SPORTS PROFESSIONAL) is desirous of being so placed in a sports professional position by the Agent;

Now THEREFORE the Agent and Coach agrees as follows:

  1. JOB DETAILS

The SPORTS PROFESSIONAL shall be placed in a sports professional

position as per the following:

 

The Code of Conduct is attached as Annexure A.

The Job description is attached as Annexure B.

Detail (Job, institution, sport, days, age, time, contract length and remuneration)

as communicated to you via e-mail when placement is done.

 

Remuneration is compiled as follows: A minimum fee of R80 + an additional

rate based on your experience, qualifications and distance travelled further

than 30 km per day.

 

You will report directly to: Designated Sports Professional Manager of the AGENT or any other delegate that is appointed for this purpose.

 

  1. STARTING DATE

The SPORTS PROFESSIONAL shall be available for placement during the period from 1 January 2017 to 31 December 2017, which will be deemed as the contract period.

 

 

  1. DUTIES
    • The SPORTS PROFESSIONAL shall be expected to satisfactory carry out all tasks and duties normally associated with the position.
    • The SPORTS PROFESSIONAL agrees and undertakes to obey all reasonable and lawful orders and instructions, which may be given by any person employed by the AGENT who is a managerial or supervisory position or the organization (where placed).
    • The SPORTS PROFESSIONAL confirms that he/she is capable and competent to perform the duties for which he/she has been contracted, and that he/she has the necessary skills and knowledge to perform competently and to the satisfaction of the organisation (where placed).
    • It is expressly agreed by the SPORTS PROFESSIONAL that should the work as set out in the job description, be unavailable he will be prepared to perform any other suitable work which falls within his vocational abilities provided that it shall be without loss of remuneration.
    • The performance of any other suitable work under these circumstances will not be seen as a right of the SPORTS PROFESSIONAL and the AGENT reserves the right to terminate this contract in these circumstances.
    • Further and/or specified duties of the SPORTS PROFESSIONAL is set out in Annexure A and the Job description attached as Annexure B.

 

  1. PROBATIONARY PERIOD
    • The SPORTS PROFESSIONAL is placed in a sports professional position for a probationary period of 4 sessions (Maximum 4 sessions from the date of commencement of contract).
    • After the trial, period this contract may be altered to a fixed term contract through written confirmation of AGENT and SPORTS PROFESSIONAL in accordance with Paragraph 2 above.
    • All terms in the entire agreement will apply where relevant, as if the SPORTS PROFESSIONAL was placed in a position for a fixed term, and will be binding upon the SPORTS PROFESSIONAL’s probationary period, whether the SPORTS PROFESSIONAL is appointed, or not.

 

  1. REMUNERATION
    • Cost of placement:

The remuneration of the SPORTS PROFESSIONAL will be (as communicated to you via e-mail when placement is done). The monthly remuneration will be paid in arrears on the last day of every month in which the sports professional service(s) was rendered. Payment shall be made by Electronic Funds Transfer into the SPORTS PROFESSIONAL’s account at a financial institution of his/her choice.

 

 

  • Deductions:

The following deductions may be made from the SPORTS PROFESSIONAL’s remuneration, and the SPORTS PROFESSIONAL irrevocably instructs and authorises the AGENT to deduct such amounts from the SPORTS PROFESSIONAL’s income in full, before the balance is paid into the SPORTS PROFESSIONAL’s account:

 

  • Payments agreed to be the SPORTS PROFESSIONAL’s
  • Training Expenses as agreed
  • Uniforms and equipment as agreed

 

  • Hours of work:

The SPORTS PROFESSIONAL’s coaching times will be as follows:

(Refer to e-mail when placement is done)

These are the minimum working times when the SPORTS PROFESSIONAL is expected to be present at practices/sessions and/or matches. The SPORTS PROFESSIONAL is also expected to fulfil all other duties as may be reasonable assigned to him by the AGENT or his delegate or the organization (where placed), outside of the above hours, where these duties form part of the normal co-curricular programme of the AGENT or the organization (where placed), e.g. sports weekends, tours, etc.

  1. TRANSPORTATION

The SPORTS PROFESSIONAL hereby acknowledges that neither the AGENT nor the organization (where placed) is under any obligation to provide transport to and from his/her permanent home and place of work whilst he/she is so placed as a sports professional and for the duration of the placement period.

  1. TRUE SPORTS GEAR

The SPORTS PROFESSIONAL will pay the total cost of coaching gear, which will be deducted from the remuneration of the SPORTS PROFESSIONAL at the end of the season before final payment. If the SPORTS PROFESSIONAL terminates the contract or if the contract is terminated by the AGENT for any reason whatsoever, the SPORTS PROFESSIONAL irrevocably authorised the AGENT to deduct the unpaid balance from any income due to the SPORTS PROFESSIONAL, and any excess is payable by the SPORTS PROFESSIONAL on demand.

  1. LEAVE

The SPORTS PROFESSIONAL is not permitted to abandon his/her duties at any stage.

The SPORTS PROFESSIONAL agrees that he can only take leave when the organization (where placed) takes leave or otherwise when authorised by the said organisation of by the AGENT.

Any other absence from duties will be seen as serious misconduct and will be dealt with as such.

  1. TERMINATION OF CONTRACT
    • The SPORTS PROFESSIONAL’s contract may be terminated by either him/her or by the AGENT by giving not less than 5 (five) days’ written notice during the first month. After one month, notice of at least 90 days must be given by both parties. Either party may summarily terminate this contract for any cause recognized by law as being sufficient, subject to this being produced in writing.
    • This agreement may be terminated by the AGENT and/or on behalf of the organisation where the SPORTS PROFESSIONAL was placed without any notice or any payment in lieu of notice in the case of gross misconduct or dishonesty on the part of the SPORTS PROFESSIONAL.
    • This agreement may be terminated as a result of the incapacity of the SPORTS PROFESSIONAL.
    • This agreement may also be terminated as a result of the operational requirements of the organization (where placed) or those of the AGENT.
    • Should the AGENT be unable to find a position for the SPORTS PROFESSIONAL to be placed in as such, after six months of signing this agreement, then the SPORTS PROFESSIONAL shall have the right to terminate this agreement by giving the AGENT a 30-day written notice.

 

  1. GENERAL
    • This contract shall be the entire agreement between the parties and no variation, alteration and/or addition will be of any force or effect unless in writing and signed by both parties.

9.2             No indulgence, leniency, or extension of time which the parties may grant each other, in event of claims and/or disputes shall in any way whatsoever prejudice either of them, preclude either of them from exercising their rights or constitute a waiver or limitation of any of their respective rights.

9.3             The entire benefit and obligation of the AGENT in this agreement may at any time be transferred to a nominee of the AGENT’s choice upon the terms and obligations as accepted in writing by the AGENT.

9.4             Both parties acknowledge that by accepting this contract, they have received a copy of this contract and, they have read and understood the contents thereof.

 

 

 

 

  1. DESERTION AS BREACH OF CONTRACT

The SPORTS PROFESSIONAL agrees that should he fail to report for work for more than 3 (three) days/sessions without notifying the AGENT he/she shall be deemed to have deserted, and the AGENT and/or the organisation (where placed) shall have the right to terminate the contract and claim full damages.

  1. GUARANTEE BY SPORTS PROFESSIONAL

The SPORTS PROFESSIONAL confirms that all documentation, information, and credentials presented to the AGENT in support of this contract as SPORTS PROFESSIONAL are authentic and it is agreed that in the event of any of the above subsequently providing to be false, this will be grounds for summary termination of the SPORTS PROFESSIONAL’s contract.

  1. CONFIDENTIALTY OF COMPANY INFORMATION

For the duration of this contract and thereafter the SPORTS PROFESSIONAL may not at any time divulge to any person any trade or secret or any other confidential information concerning the AGENT and/or Organisation (where placed) business or affairs without obtaining prior written permission from the AGENT.

  1. ACCEPTANCE OF THE CODE OF CONDUCT

The SPORTS PROFESSIONAL will observe and obey the code of conduct (Annexure A). The SPORTS PROFESSIONAL confirms that he/she has been given a copy of the code of conduct with this contract and that he/she is familiar with its contents.

  1. RESTRAINT OF TRADE

Upon the termination of this agreement the SPORTS PROFESSIONAL will not engage in similar sports activities in a school/club/institution where the AGENT previously placed the SPORTS PROFESSIONAL; in the capacity of a sports professional, manager, or any other capacity whatsoever, directly, or indirectly for a period of two years. The SPORTS PROFESSIONAL also agrees and undertakes that upon the termination of this agreement the SPORTS PROFESSIONAL will not establish any competitive business activities with the AGENT or any of its subsidiaries for a period of two years in the province or neighbouring province where the AGENT placed the SPORTS PROFESSIONAL. The SPORTS PROFESSIONAL acknowledges that his restraint is a reasonable one in order to protect the AGENT’s business and goodwill. If the SPORTS PROFESSIONAL does any such engagement, any and all loss or income and other direct or indirect loss or goodwill and revenue suffered by the AGENT may be claimed from the SPORTS PROFESSIONAL, including legal cost to implement recovery thereof. This clause is severable from the contract in case the contract otherwise terminated, and will be enforceable notwithstanding the outcome thereof.

 

  1. INDEMNITY
    • The SPORTS PROFESSIONAL hereby authorise the AGENT to make his/her details available to the South African Police Service, and his/her registered regulatory professional body, MIE, and the Guardian.

 

  • I furthermore authorise the South African Police Service, his/her registered regulatory body, MIE, the Guardian, and the AGENT to furnish personal information regarding, if any, my criminal background, criminal history, previous convictions, academic qualification, and/or any other relevant information, to the agency and/or any employer whether public or private, under which supervision the SPORTS PROFESSIONAL’s services are to be performed.

 

This means that the AGENT asks MIE to do a Criminal Check; a criminal check is to establish whether you have committed a felony in the past, furthermore, they check the authenticity of any documents submitted to us. They do not use your information for marketing purposes and no personal contact details are disclosed to MIE or any third party.
The Guardian confirms whether your details appear on the sex offenders list or not. No personal contact information is disclosed to them or any third party.

 

  • The SPORTS PROFESSIONAL furthermore unconditionally indemnifies the South African Police Service, his/her registered regulatory body, MIE and all its members, The Guardian and all its members, the AGENT and/or the Organisation (where placed) against any liability which results or may result from furnishing any information in this regard.
  • The SPORTS PROFESSIONAL understands that it is a condition of the South African Police Service, his/her registered regulatory body that:
    • information is furnished solely for the purpose as outlined above;
    • any information furnished to the agency or any employer whether public or private, under which supervision the SPORTS PROFESSIONAL’s services are performed, will be disclosed to the SPORTS PROFESSIONAL for comment before the SPORTS PROFESSIONAL is formally placed.

 

ANNEXTURE A:

Code of conduct for SPORTS PROFESSIONAL

  1. Dress code

This dress code is applicable to all sports professionals placed by TRUE SPORTS officials during training sessions and on official days.

The SPORTS PROFESSIONAL must:

  • Be dressed in TRUE SPORTS gear, as supplied by them (until then US Sport Science clothing or sports gear).
  • Wear sports shoes e.g. tekkies – shoelaces tied.
  • Be well groomed with clean neat hair.
  • Never wear any jewellery, except for a watch and/or wedding ring.

 

  1. The SPORTS PROFESSIONAL may not:
    • Become involved in arguments/disputes between parents/teachers – this must be referred to the designated Sports Professional Manager (Superior) or the other delegate of the organisation where placed, that is appointed for this purpose.
    • Use crude language.
    • Transport players in private vehicles.
    • Allow players to leave school grounds while coaching sessions are in progress.
    • Practise corporal punishment or insult players.
    • Answer or use his cell phone during coaching sessions.
    • Organise any competitions without prior consent and arrangement with the AGENT.
    • Make use of any sponsors without prior consent and arrangement with the AGENT.
    • Make use of any unknown equipment without prior consent or arrangement with the AGENT.

2.10 Smoke in the presence of players, parents and/or school staff.

2.11 Be under the influence of any substance.

2.12 Sell or trade in any product, service with the organisation, clients or players where placed.

 

ANNEXTURE B:

  1. Job Description

The SPORTS PROFESSIONAL shall be a person with a particular knowledge and/or skill in a particular sport, who wishes to teach and train others for the purpose of being remunerated therefor.

 

  1. Logistics

Arrival at Session:

  • The SPORTS PROFESSIONAL must arrive at the school/club/organization, 15 minutes before a session starts.
  • He must report to the relevant contact person at the school/club/organisation.
  • He must setup all relevant gear and/or equipment for the particular session and inspect the school grounds for safety purposes.
  • All children must be gathered and brought to the place where the session will be held.
  • The SPORTS PROFESSIONAL should reflect on the practices, plan accordingly for the next practice, and keep the whole season in mind.
  1. Miscellaneous
  • SPORTS PROFESSIONALS must inform the Agent and the designate Sports Professional Manager (Superior) or the other delegate that is appointed for this purpose immediately, or well in advance, if he/she is not able to facilitate a coaching session.
  • SPORTS PROFESSIONALS must inform the designated Sports Professional Manager (Superior) or the other delegate that is appointed for this purpose if the school/club/organization has cancelled a session.
  • SPORTS PROFESSIONALS must inform the designated Sports Professional Manager (Superior) or the other delegate that is appointed for this purpose of any injuries during a session.
  • SPORTS PROFESSIONALS must inform the designated Sports Professional Manager (Superior) or the other delegate that is appointed for this purpose of any changes in the timetable, or sessions of the school/club/organization where placed.
  • Attend training courses and meetings as scheduled by the AGENT.
  • Work on rainy days, if so required by the organisation where placed.
  • Provide the AGENT with a medical certificate it the SPORTS PROFESSIONAL is ill.