agreement - SWD Cricket

SOUTH WESTERN DISTRICTS CRICKET BOARD
Telephone: 044-272 6604 Fax Number: 044-272 6294
Postal Address: Postnet Suite 96, Private Bag X680, Oudtshoorn, 6620
Email: [email protected]
[email protected]
Stadium Address: Recreation Ground, Voortrekker Road, Oudtshoorn
Office Address: Forbes Building, 1 st Floor, 83 High Street, Oudtshoorn
AGREEMENT
MEMORANDUM OF AN AGREEMENT ENTERED INTO BETWEEN:
SOUTH WESTERN DISCTRICTS CRICKET ACADEMY
(HEREINAFTER CALLED “THE ACADEMY”)
and
………………………………………………………………………………………………………
(HEREINAFTER CALLED “THE PLAYER”)
Whereas the South Western Districts Cricket Board (hereinafter
called SWDCB) has established the
South Western Districts Cricket Academy; and
Whereas the object of the programme is to provide specialist
training and training facilities to promising young cricket Players
during the period referred to hereunder and to ensure the
availability of such Players for selection within the SWDCCB
jurisdictional area thereafter.
NOW THE ACADEMY AND THE PLAYER AGREE TO THE
FOLLOWING TERMS AND CONDITIONS:
1.
AGREEMENT IN RESPECT OF TRAINING AND
AVAILABILITY
1.1
1.2
1.3
1.4
2.
The Player agrees to become a member of the Academy
for the period 10 May to September 2010
The Player will thereafter play cricket within the
jurisdiction area of the SWDCB and will be available for
selection in any SWDCB side until 2012
Thereafter the player may choose to make himself
available for a province of his choice.
The Academy will provide the Player with training and
training facilities within the stated period
THE PLAYER’S OBLIGATIONS:
As a member of the Academy the Player accepts the
following obligations:
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
To undergo a full physical evaluation.
The player will be hosted for the period as applicable at
accommodation as provided by the SWDCB.
The Player is responsible for own transport to and from
the Academy practices. The player will be re-imbursed
for expenses.
To adhere to hostel rules (See Appendix A) to Huis
Archer, Oudtshoorn High School.
A commitment to work towards achieving full potential
in his sporting career and studies, if applicable.
To attend all training, sports science, education and
testing sessions and workshops as identified and
requested by the Academy, unless where otherwise
authorized by the Coach in advance, alternatively
provide the Coach thereafter with a medical certificate
explaining his absence within 7 days of his absence.
To comply with all training requirements, inclusive of
maintaining an appropriate level of fitness, as required
by the Director or Coach, and to respond in a positive
manner to feed back, advice or recommendations by the
Coach.
To participate in all Academy activities and courses.
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
To participate in all competitions nominated or approved
by the Academy.
To participate in all research studies, nominated or
approved by the Academy.
To maintain at all relevant times his status as a
registered member of an SWDCB affiliate.
To inform the Academy of and discuss with it any
change in circumstances that may affect the Player’s
eligibility for or continued participation in the Academy
programme.
To wear the appropriate Academy uniform during
training, competition events, media interviews, public
related activities and at such other occasions as may be
specified or required by the Academy. The Player shall
not wear the Academy uniform as a general item of
clothing or permit the uniform to be worn by a third
party who is not a current member of the Academy.
The Player will be liable for the cost of any damages
caused by him resulting from his negligent or criminal
behaviour.
To respect and abide by the law and spirit of the game
of cricket and accept both victory and defeat with
dignity and grace.
To behave and dress in a dignified manner when
representing the Academy both on and off the field.
To refrain from smoking or consuming any substance
that is detrimental to the Player’s sporting or athletic
performance.
The Player may consume alcohol in moderation at
Academy social functions, only if over the age of 18
years and at the discretion of the Coach.
To provide support and co-operation with any
promotional or fund raising activity or like event
undertaken by the Academy.
To disclose in writing to the Coach of the Academy any
commercial agreements or obligations that the Player
may have, including contractual arrangements and
obligations with other agents or sponsors.
To notify the Coach in writing before entering into or
participating in any private sponsorship arrangement
with or accepting monies or other benefits from any
private sponsor and consulting with the Coach regarding
whether any such arrangement might clash with the
sponsorship arrangements with the Academy.
2.22 Not to accept money or other benefit from any Tobacco
or tobacco related company.
2.23 In the Player’s dealings with the media, the Player
must:
2.23.1 Wear the official Academy uniform
2.23.2 Make every possible effort to acknowledge the
support of the Academy and SWD Cricket; and
2.23.3 Not disclose without the prior approval of Coach
or the person authorised by the Academy for the
purpose, any information relating got policy matters
of the Academy.
3.
DRUG TESTING
The Player acknowledges and agrees to the following:
3.1
3.2
3.3
3.4
4.
The Player will make every effort to become aware of
and understand his obligations under the doping
provisions applicable to the sport of cricket and the
consequences any breach of such provisions.
To provide a sample of his own bodily fluid for analysis
by the IOC or any IOC accredited laboratory, if
requested by the Academy or the South African Sports
Drug Agency or an approved anti-doping authority
under the doping provisions.
The Player consents to the Academy communicating the
results of such tests to the relevant sporting body.
The Player will adhere to and comply with any
legislation dealing with drug testing or doping applicable
to the sport of cricket.
ANTI-HARRASMENT
4.1
4.2
4.3
The Player will make every effort to become aware of
and understand the Player’s obligations regarding
harassment and the Academy’s policy of antiharassment in cricket.
The Academy’s policy of anti-harassment aims to deal
effectively and appropriately with offensive, abusive,
belittling or threatening behaviour directed towards a
co-sportsman or opponent whether on the field or off.
The Player shall refrain from acting in any manner in an
abusive or belittling manner towards any other person
or group on basis of their gender, race, disability, sexual
orientation, age or status whether as sportsman or
otherwise.
5.
MEDICAL HEALTH INSURANCE
5.1
5.2
5.3
6.
PROBATION
6.1
6.2
6.3
7.
The Player hereby acknowledges that the Academy will
in no manner be liable for any medical, dental,
ophthalmological or hospital costs incurred due to any
injury suffered by the Player incurred during any session
or otherwise.
The Player acknowledges his responsibility for taking out
and obtaining adequate medical, hospital and ancillary
health insurance.
The Player further authorises any medical practitioner,
sport scientist, physiotherapist or other therapists whom
he at any relevant time consults, to provide the
Academy with such full details of his injury or illness
which may affect his performance as sportsman and
availability for selection as a cricket Player.
The Player agrees that he will be on probation during a
period of 1 (ONE) month after the commencement of
the programme. Should the player behave in an
unprofessional or improper manner the Programme
Manager may at his discretion exercise the right to
expel the player with no disciplinary procedure.
The Academy may review the Player’s participation in
the programme and membership to the Academy at the
end of the said probation period.
The Academy reserves the right to replace the Player on
probation as set out in Clause 8.1.7.
BREACH OF CONTRACT
7.1
The Player will act in breach of the terms of this
contract if the Player acts in any manner or takes part
in any action which brings the good name of the sport
of cricket or the good name of the Academy or the good
name of the SWDCB or the sponsor into disrepute,
inclusive of but not limited to the following:
7.1.1 If the Player is suspended from competition by an
afiilliated Board, the SWDCB or any national or
international sporting organization.
7.1.2 If the Player provides false information to the
Academy.
7.1.3 If the Player fails to observe or perform any of his
obligations under this agreement.
7.1.4 If the Player refuses or declines to provide samples
of his bodily fluids when called to undergo drug
testing referred to in Clause 3 above, or if any such
test or sample results in the detection of a prohibited
drug or stimulant or prohibited substance.
7.1.5 IF the Academy is not satisfied with the Player’s
performance or behaviour within the duration of this
contract.
7.2
7.3
7.4
8.
Should the Player be in breach of this agreement as
stated above, the Academy will be entitled to cancel this
agreement with the Player forthwith. In the event of
such cancellation, the Player will return to the Academy
all times of uniform, equipment, training materials or
other property of the Academy within one month of
such cancellation.
Should the Player terminate the contract with the
Academy he will notify the Academy of such termination
at least 30 days before such termination.
If the Player terminates the contract within the first 2
(TWO) months of the duration of the contract, he will
forfeit all fees paid to the Academy
ATHLETE ETIQUETTE
8.1
The Player must comply with the Athlete Etiquette as
set out hereunder.
8.1.1 The Academy is designed to assist and help the
Player to achieve his optimum and full potential skills
in the game of cricket, but it is the Player’s
responsibility to access the programme and services
available to him to ensure that he meets the
requirements of the programme.
8.1.2 The Player is required to list a number of
performance goals / measures which he and the
coach will set for the upcoming season or year. The
Academy will review these goals on an ongoing basis
throughout the period of the programme.
8.1.3 The Player must attend all appointments, practices,
matches and other sessions on time.
8.1.4 If the Player is unable to make such appointment or
session on time, notice must be given prior to the
scheduled appointment time.
8.1.5 IF the Player is unable to attend any session, the
Player must contact the Coach during the 24 hours
prior to the session. If the Player fails to attend the
sessions, organised by the Academy, without prior
notification, such failure will be seen as a direct
breach of the terms of this agreement and his
continuation as member of the programme could be
reviewed.
8.1.6 The Player will be required to maintain a training
diary, which diary must be in possession of the
Player at each and any training session d
appointment with the Academy staff. The Player
must be able to produce on demand such diary for
perusal and discussion with the Coach at any
relevant time.
8.1.7 Should the Player fail to comply with any of the
above requirements, the Academy may, by written
notice to the Player, place such Player on probation
for a period specified in the notice or terminate the
contract forthwith.
9.
EXCLUSION OF LIABILITY AND INDEMNITY
9.1
9.2
9.3
The Players agrees that the Academy or its employees,
agents and contractors, will not belittle to the Player or
any of his dependent for any injuries or illness which he
may suffer (including death) for any loss of or damage
to the Player’s body or property arising out of or in
connection with the Player’s participation in the
Academy programme.
The Player indemnifies the Academy, its employees,
agents or contractors against any costs, damages or
losses that he may suffer as a result of any action or
omission by those indemnified therein and incurred as a
result of any injury illness or damage
Without imposing any obligation on the Academy, the
Player authorises the Academy to do anything on the
Player’s behalf (including the incurring of expenses) that
the Academy may reasonably consider to be necessary
for the Player’s benefit in connection with any injury,
illness (including death), loss or damage referred to
above.
10.
ACKNOWLEDGMENTS
10.1 The Player acknowledges and agrees that any
information which may be held by the Academy
regarding the Player’s participation in the Academy
programme and the results of any sports science tests
may be used as and for research purposes and
published in scientific journals and disclosed to the
SWDCB and to national sporting organisations.
10.2 The Player acknowledges and agrees that information of
a biographical nature, including the Player’s name, date
of birth, performance results, career highlights, hobbies
and interests, may be released to the public and media.
DECLARATION
I have carefully examined the content of this contract and I am
prepared to accept the terms and conditions as set out.
This done and signed by the parties at the place and on the dates
set out below.
………………………………………………………………………………………………..
FOR AND ON BEHALF OF THE SOUTH WESTERN DISTRICTS
CRICKET ACADEMY
PLACE
…………………………………………….
DATE
…………………………………………….
WITNESS
…………………………………………….
NAME
…………………………………………….
……………………………………………………………..
THE PLAYER
PLACE
…………………………………………….
DATE
…………………………………………….
WITNESS
…………………………………………….
NAME
…………………………………………….
…………………………………………………………………………………………………
PARENT/GUARDIAN IF PLAYER IS UNDER 21 YEARS OF AGE
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