VICTORIAN COUNTRY FOOTBALL LEAGUE (INC.)
PLAYING CONTRACT
Player’s Copy
THIS CONTRACT is made the
day of
20
BETWEEN
("the Player") of the first part
- and of
("the Club") of the second part
RECITALS:
A.
B.
C.
The Club field teams in Australian Football competitions conducted in Victoria.
The Player is a skilled Australian Rules footballer.
The Club desires to secure the playing services of the Player and the Player and the Club have
agreed to enter into this Contract on the terms and conditions hereinafter appearing:
NOW THIS CONTRACT RECORDS and it is agreed between the parties as follows:1.
TERM
This Contract shall commence on the date of signing and shall terminate on the 31st day of
December in the final year referred to in Clause 2.1.
2.
PLAYER OBLIGATIONS
The Player shall for the term of this Contract:
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
Play football for the Club to the best of his skill and ability for the following years:
…………………………………………………………………………………………………………
…
Attend all training sessions and team meetings of the Club.
Obey all reasonable directions of the Senior Coach, President, and Secretary of the Club.
Play in all football matches in which he is selected to play or as otherwise directed by the
Club unless he is ruled unfit to play by a duly qualified Medical Practitioner.
Comply with all reasonable requirements of the Club relating to preparation for matches,
attendance at social functions, behaviour and dress.
Not play or train for Australian Football with any other Club or team (save for a Victorian
Country Football League Inc. representative team or interleague representative team)
without first obtaining the consent in writing of the Club.
Do everything reasonably necessary to obtain and maintain the best possible physical
condition so as to render the most efficient service to the Club and to submit from time to
time and as and when required by the Club to a complete a thorough medical fitness test
and examination.
Insure himself and maintain membership of recognised hospital and medical benefits fund
which provides the maximum hospital, medical and dental benefits coverage available
including ambulance subscription.
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2.9
2.10
2.11
3.
Not engage in any dangerous or hazardous activity which in the opinion of the Club may
affect the Player's ability to perform his obligations under this Contract without first obtaining
the consent in writing of the Club.
Wear only such items of playing apparel as may be approved of or prescribed by the
Victorian Country Football League Inc and to the extent that the same are not inconsistent
therewith, the Club.
Not give or allow any person any recorded or other interview for broadcast or write any
article for publication in any newspaper, journal or magazine relating to a matter which the
Club has notified the Player is a matter upon which Players of the Club are not to comment
publicly.
PAYMENT
In consideration of the agreement and covenants on the part of the Player contained in this Contract,
the Club agrees to pay the Player the sum set out in the attached Schedule of payments in the
manner therein set out and on the dates for payment specified therein.
4.
5.
NO LIABILITY
4.1
It is expressly agreed between the Club and the Player that neither the Club nor any servant
or agent of the Club (including any independent contractor from time to time employed by
the Club or any voluntary worker carrying out honorary or unpaid duties for the Club) shall in
any circumstances whatsoever be under any liability whatsoever to the Player for any loss,
damage or injury of whatsoever kind and arising directly or indirectly from any act, neglect or
default (whether negligent or otherwise) on the part of the Club or such servant or agent
while acting in the course of or in connection with his employment or provision of services to
or for the Club or to or for the Player.
4.2
In entering into this Contract and in particular (but without limiting the generality thereof) for
the purpose of clause 4.1 the Club is and shall be deemed to be acting as agent or trustee
on behalf of and for the benefit of all persons who are or might be the servants or agents of
the Club from time to time (including independent contractors and voluntary, honorary and
unpaid workers as hereinbefore mentioned) and all such persons shall to that extent be or
be deemed to be parties to the Agreement evidenced by this Contract.
VOLUNTARY ASSUMPTION OF RISK
The Player acknowledges and agrees that:5.1
5.2
5.3
6.
Australian Football is a vigorous body contact sport in which physical injury is likely to occur
from time to time;
he is none the less desirous of playing Australian Football for the Club; and
he takes upon himself the risk both physical and legal of injury arising in the course of
training for and participating in a game of Australian football.
PLAYER BOUND TO RULES
6.1
The Player hereby agrees with the Club that he is bound by:(a)
(b)
(c)
the Rules and Regulations of the Club;
the Rules and Regulations of the League within which the Club plays; and
the Rules and Regulations of the Victorian Country Football League Inc,
including any modifications thereof made from time to time (“the Rules”).
6.2
The Player hereby acknowledges that the Rules restrict the freedom of players to transfer
from one Club to another but that such Rules are necessary and reasonable for the purpose
of:-
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(a)
(b)
(c)
(d)
7.
achieving an even and well matched competition;
ensuring the competition is properly organised and well administered;
encouraging Clubs to support junior development of Players to support the future of
the competition; and
protecting and promoting the game of Australian Football.
SET OFF OF PAYMENTS
The Player hereby agrees that the Club shall be entitled to set off against any monies which may at
any time be or become payable by the Club to the Player either hereunder or otherwise, any monies
which may at any time be or become payable by the Player to the Club
8.
DISPUTE
In the event of a dispute arising between the parties hereto during the term of this Contract or
following the termination hereof concerning the construction hereof or in respect of any matter
arising herefrom it shall be a condition precedent to the bringing of any proceedings in any Court in
Australia and that the same shall be referred for determination by the nominee of the General
Manager of the Victorian Country Football league Inc. A request for determination by an aggrieved
party shall be made in writing to the other and shall contain a precise statement of the issue in
dispute and all relevant facts giving rise to the dispute. The nominee of the General Manager of the
Victorian Country Football League Inc shall be a lawyer and shall adjudicate upon any dispute
referred for determination, within fourteen (14) days of the date of request by any party hereto. The
said nominee may regulate any proceedings brought before him or her as he or she thinks fit
provided that the parties shall have the right to legal representation and shall award costs involved
between the parties concerned.
9.
TERMINATION
This Contract may be terminated by:
9.1
9.2
9.3
The Club if the Player is in breach of any of his obligations hereunder and the breach
continues for a period of fourteen (14) days after notice in writing by the Club to the Player
requiring the breach to be remedied.
The Player if the Club is in breach of any of its obligations hereunder and the breach
continues for a period of fourteen (14) days after notice in writing by the Player to the Club
requiring the breach to be remedied.
The Player immediately by notice in writing given to the Club upon his name being included,
in accordance with the Rules of the Australian Football League, on the official list of players
of any team competing in the Australian Football League competitions.
10.
CLEARANCE
10.1
This Clause 10 does not apply where the Club was the last club with which the Player played
Australian Football.
10.2
As soon as practicable after the execution of this Contract, the Player shall:(a)
(b)
10.3
complete and lodge a clearance application with the club and League with which he last
played; and
use his best endeavours to obtain a clearance from the club and League with which he last
played.
The Player shall not enter into any contract, agreement, arrangement or understanding to play
Australian Football with a club (other than the Club under this Contract) until his application for a
clearance has been granted, refused or otherwise determined.
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EFFECT OF REFUSED CLEARANCE
11.1
Subject to Clause 10.2(b), this Contract will terminate in the event that the Player is unsuccessful in
obtaining a clearance from the club and League with which he last played.
11.2
For the purposes of clause 11.1, a Player is “unsuccessful in obtaining a clearance” if following the
refusal by the Club and League with which he last played, the Player appeals to the League’s
Independent Tribunal or Regional Appeals Board within the time specified in the Rules and the
Player’s appeal is unsuccessful.
11.3
Where this Contract is terminated under clause 11.1, the Player shall reimburse or repay to the Club
any prior payment, consideration, advantage or benefit given, provided or applied pursuant to clause
3 of this Contract and subject thereto, each party shall be released from all obligations under this
Contract.
12.
NOTICE
All notices required to be given under this Contract shall be in writing and sent by certified or security
mail with postage pre-paid or by hand delivery to the other party at the address set out herein. All
such notices shall be deemed to have been duly given or made one day after being deposited in the
mail with postage pre-paid or when delivered by hand.
13.
WAIVER
A waiver by any party of any of the terms and conditions of this Contract in any one case shall not be
deemed or construed to be a waiver of such term or condition for the future or for any other or
subsequent breach thereof.
14.
JURISDICTION
This Contract shall be governed by and construed in accordance with the laws of the State of
Victoria (to the extent if any, affected by the Trade Practices Act 1974 and any amendments thereto)
and the parties hereto agree to submit to the jurisdiction of the Victorian Courts. The provisions
herein contained prohibited by or void under such law (as so affected) shall be ineffective to the
extent of such prohibition or as so void without invalidating the remaining provisions hereof and this
Contract shall be construed so that it shall operate in all respects to the maximum extent that it can
validly do so.
15.
INTERPRETATION
In the interpretation of this Contract, the following shall apply:
15.1
15.2
15.3
15.4
15.5
15.6
15.7
15.8
15.9
"Australian Football" means the football game defined in the "Laws of the Game" published
by the Australian Football League.
“League’s Independent Tribunal” means the Tribunal appointed by the League in which the
Player last played before entering this Contract.
"Match" means any home and away or finals series match.
“Regional Appeals Board” means the board appointed in accordance with the Rules.
Words importing the singular shall include the plural and vice versa.
Words in the first person singular shall include the third person singular and vice versa.
Words importing any gender shall include each other gender.
Words referring to any Body Corporate shall include any transferees, successors and
assigns.
Headings are for convenience only and shall not affect the interpretation of this Contract.
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THIS CONTRACT has been executed by the parties on the day and year referred to on page 1 hereof.
SIGNED by the PLAYER
)
in the presence of:
)
SIGNED for and on behalf of
the CLUB by its duly authorised
Officer for the purpose:
)
)
)
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SCHEDULE OF PAYMENTS
Contract commencement date of the ……………………….day of……………………………………………….
Month
Year
For the YEAR(S) of ………………………………………………………………………………………………………
1.
Per Senior Match:
2.
Expenses:
3.
Incentives:
4.
Other Payments:
5.
Manner and Dates for Payment:
Player: .............................................................. Club: ...............................................................................
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