Danish Basketball Federation Contract for basketball player version 2.11 The undersigned Club CVR no. Street and number City and postcode – hereinafter called the Employer Name Date of birth CPR number (if possible) Street and number City, postcode, country E-mail – Hereinafter called the Player Have on this day agreed to an employment contract on the terms stated below and conditional on approval by the Danish Basketball Federation of the contract and the Employer entering into the contract. Nationality Passport no Date issued Expiry date 1. CONTRACT PERIOD* 1.1. The player will start employment on and end on The contract will, however, be shortened or prolonged, so that the last paid working day will be the day of the last official match of the season, including playoffs.Unless the contract ends on a fixed date efter the last game of the season. The length of the contract can maximum be 48 month(according to FIBA rules) The period between these two dates is the period of employment. 1.2 During the first and last month of the period of employment, the player will receive payment as the monthly salary divided by the number of days in the month times the number of days employed, if the contract doesn’t start or end at month change 1.3. 1.4 days’ written notice in a trial The Employer or Player may terminate the employment by giving period comprising the first days after the employment period has started. In this contract there is no trial period (check the box if applicable). The employer may terminate the contract with days’ notice. During the period of notice, the player must still be available to work for the Employer. 2. REFERENCES AND WORKPLACE* 2.1. The Employer has hired one or more coaches to be responsible for the Player’s team, and a team manager is responsible for carrying out administrative and practical tasks for the team. The Employer designates the coaches and team manager to be the Player’s immediate supervisors, to make management decisions and to deal with other issues relating to the daily work of the Player. The Employer’s general manager or the board of the club can answer questions about this contract. 2.2. The Player is always welcome to seek advice and guidance on administrative issues from the Employer’s administration. 2.3. As a general rule, the workplace is the main arena, but away games, practice and exhibition games, etc., will take place in other arenas in or outside Denmark. 3. OBLIGATIONS OF THE PLAYER 3.1. During the period of employment, the Player will represent the Employer and the sport of basketball optimally. The player has to respect the spirit of fair play and non-violent conduct and always act accordingly on the basketball court 3.2. Work as a basketball player requires that the Player attends practices, all games played by the team and exhibition games. 3.3. The Player must observe the rules laid down by the general manager and coaches of the Player’s team, including disciplinary measures. 3.4. If the Player anticipates missing practice, a game or other obligations, he or she must immediately inform the head coach or general manager. 3.5. The Player must play on the team assigned by the Employer,, whether the team plays games in Denmark or elsewhere. 3.6. The Player must comply with the rules of the International Olympic Committee, FIBA, WADA and Sports Confederation of Denmark (Danmarks Idræts Forbund) regarding doping and submit to doping tests in accordance with the rules of these organizations. The Employer will not accept any form of doping. Should the Player be condemned of doping it will result in the Employer suspending the Player from games and terminating this contract without notice and without any right to compensation or fulfillment of any other obligation by the Employer. 3.7. The Player must have prior written permission from the Employer to participate in any basketball game or other sporting event that includes physical contact in which the Player’s team is not participating. See the exceptions for participating in national basketball team activities. The Player must keep in good physical shape, always meet well prepared and ready to make every effort for the sport, conduct him- or herself in a responsible manner and perform throughout the whole season in a way that meets the goals set forth by the head coach and management. 3.8. The Employer may provide the Player with equipment and clothing to be used when working. The Employer may request the Player to account for the items supplied at any time. If the Player terminates the employment with the Employer, he or she must return the items supplied. If the Player does not return the items, the Player must compensate the Employer for any loss. 3.9. If the Employer provides the Player with other clothing, the Player must wear this during transport to and from games and at press conferences, TV interviews, etc. 3.10. Even if the Employer has not provided clothing for the events mentioned above, the Player is prohibited from wearing clothing that can be identified as being from a clothing company other than the one with whom the Employer has a contract. 3.11. The Player must participate in commercial events for the sponsors and fundraising or marketing activities such as school visits, club visits etc. for the Employer without any additional payment for hours a week. 3.12. The Player must at all times comply with the rules regarding betting on basketball games from Basketligaen(the league), DBBF(Danish Basketball Federation) and DIF(Sports confederation of Denmark). Breach of this regulation will result in termination of this contract without notice and without any right to compensation or fulfillment of any other obligation by the Employer. 4. TYPE OF EMPLOYMENT* The Employer and the Player may choose which of the employment terms will apply to this contract and fill in the blank spaces. Basketball is a leisure activity for the player This contract does not limit the Player’s ability to carry out other work, as long as the Player can fulfill the terms of this contract. The Player must participate in the team’s practices, but no more than hours weekly. Practice should normally be placed from to on weekdays and from to on weekends and public holidays. The Player must participate in any practice camp arranged by the Employer for one week per season with no right to be compensated for loss of income. Basketball is part-time employment for the player This contract restricts the Player from carrying out other employment on weekends and public holidays as well as the defined time on other days (between and ) unless the Employer gives written permission in advance. The Player must participate in the team’s practices. Practice must normally be placed in the time period defined above. The Player must participate in any practice camp arranged by the Employer for one week per season with no right to be compensated for loss of income. Basketball is full-time employment for the player The expected working hours are at least employment. (minimum 20) per week on average for the period of This contract restricts the Player from carrying out any other employment without written consent from the Employer. The Player must participate in practices, practice camps and games as defined by the Employer. 4.1 As a natural consequence of this contract, the Player is expected to participate in a summer practice schedule based on a plan prepared by the Employer’s head coach. 5. OBLIGATIONS OF THE EMPLOYER 5.1. The Employer must demonstrate loyalty to the Player. 5.2. The Employer will provide the Player transport and, if necessary, overnight accommodation for away games free of charge. 5.3. The Employer will give the Player time off to participate in practice events, international games, etc., for which the Player has been selected by his or her national basketball federation, in accordance with the rules of the FIBA for national selection. 5.4. During the employment period, the Employer will provide qualified helpers to advise about diet and nutrition and about psychological matters. 6. ILLNESS 6.1. The Employer’s obligations to the Player continue to apply if the Player is injured in connection with his or her employment for the Employer; however, see the provisions below for exceptions. 6.2. If the Player is ill, he or she must contact the Employer as soon as possible on the first day after the onset of the illness and fill out a form for an occupational injury or sickness benefits. If the Player fails to do this, the Employer has no obligation to the Player. Only legitimate absence, such as hospitalization, will exempt the Player from this obligation. 6.3. If the Player engages in activities mentioned in subsection 3.7 without prior permission from the Employer and this results in the Player no longer being able to fulfill his or her obligations under this contract, the Employer’s obligations will end. If the Player has a permanent injury or illness or injury that prevents the player from performing as a basketball player and does not inform the Employer, this contract becomes void and the Employer has no liability towards the Player. 6.4. If the Player sustains an injury or illness such that the Player cannot fulfill his or her obligations under this contract, the Employer retains the right to terminate the contract with two months’ notice. 6.5 The club will provide a physical therapist or other qualified personnel that can help assess injuries and advise on the proper treatment. 7. INSURANCE 7.1. The Employer will purchase and pay for compulsory occupational accident insurance for the Player. The Player may purchase and pay for personal insurance for periods and incidents not covered by the employer’s insurance – including travel to and from Denmark. The Employer recommends that the Player consult an insurance company or broker about personal insurance for the travel period and personal accident insurance until the player is covered by the employer’s insurance. 8. PUBLIC RELATIONS AND ADVERTISING CONTRACTS 8.1. The Player will make himself available for the Employer and appear in uniform if needed for public relations and advertising efforts, interviews and other marketing activities. 8.2. During the period of employment, the Player is prohibited from entering into independent sponsorship contracts in the capacity of basketball player without the permission of the Employer. 8.3. The Employer may use the Player’s photograph and autograph to sell merchandise, in marketing promotions and in the sale of sponsorships. The Employer’s usage must be reasonable and in accordance with ordinary practice. The Employer, however, is prohibited from using the Player or the Player’s photograph in a way that conflicts with the loyalty the Player would be obligated to show towards his or her main Employer. When the period of employment ends, the Employer will stop producing items featuring the Player’s photograph or autograph but need not stop the sales of items in a series that promote the entire team if this would result in unreasonable expense. 9. COMPENSATION, ETC. Annex 1 describes the conditions for salary, bonuses etc. 10. VACATION 10.1 The Player may normally take vacation when there are no games or preparatory practices, only in agreement with the Employer. 10.2 The Player is hereby notified that the Player will use the vacation days(2,08 days/month) earned during the employment period. The Player may not expect to have vacation during the season except for very few public holidays. The vacation period has to be agreed with the Employer. 10.3 Vacation allowance is 1% of the total gross salary in the contract, it is taxable and will be paid out with salary for the month of April. 11. MISCONDUCT* 11.1. If the Player fails to report for employment, without prior permission from the Employer, the Player will be fined a sum, the equivalent of following amount (the recommended is 3 months pay): DKR: ___________ 11.2. If the Player violates the contract by either not commencing employment or by resigning without cause, the Employer may impose a preliminary injunction – without security – if the Player starts playing for another basketball club in Denmark or elsewhere. 11.3. If the Player does not fulfill the obligations of this contract during the employment period, including the standard for behavior that the Employer can reasonably expect, the Employer must give written warning of a period of minimum 2 weeks during which conditions must improve. Hereafter the Employer may terminate the contract. In case of misconduct by the Employer, such as failure to pay the agreed salary to the Player or not enabling the Player to practice in accordance with this contract, the Player must ask the Employer for immediate payment in writing. If the Employer does not make the payment within 7 days, the Player will be released from all obligations to the Employer. If the contract is to be terminated due to misconduct of the Employer, there shall also be paid out salary for the period of notice agreed upon in 1.3. 12. LEGAL BASIS 12.1. This employment contract, including Annex 1, stipulates the employment terms agreed to between the Player and the Employer. 12.2. The conditions of employment are not subject to the Salaried Employees Act or collective agreements. 12.3. The Employer will ensure that the Player has a valid license during the employment period in accordance with the rules of the Danish Basketball Federation. Such a license includes compulsory occupational injury insurance for the Player. The license means that the Player has the right to play for the Employer in the season for which the employment contract is valid. 12.4. Any transfer of the player to another club in Denmark will take place in accordance with the rules of the Danish Basketball Federation and FIBA. If the transfer takes place during the employment period, the Player, the Employer and the new club must agree on the transfer and conditions. The Employer must inform the Player about the rules of the Danish Basketball Federation on licenses and transfer. 12.5. The Employer requires the Player to fulfill the requirements of health and fitness for a professional basketball player when the Player starts practicing with the team. A doctor or physical therapist designated by the Employer shall certify whether the Player fulfills these requirements within 8 days. If the Player does not fulfill the requirements for health and fitness, this contract becomes void. Furthermore, this contract and the Employer entering into the contract are subject to the registration of the Danish Basketball Federation. 12.6. The Employer may terminate the contract at the end of the season if the team is relegated. The Player will not have any financial claims towards the Employer if the Player transfers his or her license to another employer in such a case. 12.7 The Employer may terminate the contract if the Player violates the rules on matchfixing of the National Olympic Committee and Sports Confederation of Denmark. Such violations may also result in fines or other financial sanctions, withdrawal of prize money, annullment of results and suspension without pay. 12.8. The Player may not obtain a license for a change of club before all financial debts towards the Employer have been settled. Financial debts must be documented, and any dispute will be brought before the Danish Basketball Federation or possible FIBA. 12.9. Basketball Arbitral Tribunal □ If 12.9 is checked the following will apply according to FIBA´s rules: “Any dispute arising from or related to the present contract shall be submitted to the Basketball Arbitral Tribunal (BAT) in Geneva, Switzerland and shall be resolved in accordance with the BAT Arbitration Rules by a single arbitrator appointed by the BAT President. The seat of the arbitration shall be Geneva, Switzerland. The arbitration shall be governed by Chapter 12 of the Swiss Act on Private International Law, irrespective of the parties' domicile. The language of the arbitration shall be English. The arbitrator shall decide the dispute ex aequo et bono.” (BAT Arbitration Rules, point 0.3) 12.10 This contract supersedes all other previous agreements, in writing or orally, that the Employer and the Player may have entered into. 13. AGENTS* No agents have been involved in signing this contract. 13.1 OR 13.2 The following agent has been involved in signing this contract: Agent for the Player Name Address Postcode, city and country Nationality FIBA license no. Agent Fee: _______________ : Extra conditions see attachment 14. Signature For the Employer Name: _____________________________ Signature: _______________________________ Date: ___________________________ Player Signature: __________________________________ Date: _______________ Copy for both parties. This contract has been approved by the Danish Basketball Federation by: _____________________ ANNEX 1. ADDITIONAL TERMS OF EMPLOYMENT ALL taxable payments a player receives has to be described clearly below. If there is a conflict between the additional terms and the standard terms in this contract, the standard terms will always apply. COMPENSATION Fixed salary (taxable) The Employer and the Player have agreed on a total gross wage of ______________* + additional 1% vacation pay(taxable). With the following amount each month ______ * or with the following rates below. Together with payment of salary, the Employer must give the Player a payslip that includes: • gross salary; • net salary; • the period of time the payslip covers; • the amounts the Employer has deducted for tax and labour market contribution, according to Danish tax law; • the name, address and CVR number (Danish tax number) of the Employer; and • the amount of vacation pay on the payslip for april(1% of total salary of the contract) BONUS (taxable) The Player will be liable for taxes on any bonuses paid. The Employer and the Player have agreed on the following bonuses: BENEFITS [OPTIONAL] ACCOMMODATION (taxable) The Employer will provide the Player with accommodation under the following terms: Dkr. will be deducted from the last monthly payment as a deposit for keys and leaving the accommodation in order. “Leaving the accommodation in order” means that the accommodation is basically cleaned and not damaged beyond regular wear. All belongings, garbage, boxes, food, etc. will be removed. The deposit will be paid to the player on departure if the accommodation is left in order and the keys returned. Value of accommodation: _____________ TRANSPORT The Employer will provide the Player with transport under the following terms: Value of transportation: ______________ OTHER Value of other benefits: _________________ Total Gross payment Total Expected Net payment * (Obligatory question) *
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