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 9
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