Athletics Director Agreement

Agreement between College or University and Athletic Director

Employment Agreement made on the , between

, of , hereinafter called Athletic Director, and

, a nonprofit corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as College.

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

I. Term

Subject to the terms and conditions of this Agreement, College will employ Athletic Director as Director of Athletics for the College’s intercollegiate athletics program (the Program) for the period beginning and ending .

II. Duties

As Director of Athletics, Athletic Director shall have the responsibility for the planning, supervision, and coordination of all aspects of the Program, including but not limited to:

A. Making recommendations to the College’s Administration regarding the employment and salary of all Program personnel;

B. The assignment of duties and supervision of all Program personnel;

C. Planning, supervising, and coordinating the budget, fund raising, and public relations activities for the Program; and

D. Such other duties and responsibilities as may be assigned from time-to-time by the College’s Administration.

III. Compensation

A. Annual Salary

Effective the Annual Salary for duties performed by Athletic Director under this Agreement shall be payable in (e.g., 12) equal monthly installments. The Annual Salary will be reviewed at least annually and may be adjusted as required by the legislature or as deemed appropriate by .

B. Automobile

For the period that Athletic Director is Director of Athletics College will pay Athletic Director a monthly automobile allowance of $ . The business and personal use of the automobile will be reported weekly to the office of College’s Vice President for Business Affairs in a format determined by that office. The personal use of such automobile will be valued according to guidelines of the Internal Revenue Service and reported as income to Athletic Director.

IV. Deductions from Compensation

Payments to Athletic Director by College pursuant to the terms of this Agreement shall be subject to all deductions required by state and federal law or regulation. College will make such other deductions permitted by law and authorized by Athletic Director in writing.

V. Reassignment

The performance of Athletic Director as Director of Athletics will be subject to periodic review by the College administrator with responsibility for the Program. At the discretion of such administrator, Athletic Director may be removed from the duties and responsibilities as Director of Athletics and reassigned to other duties and responsibilities within the Program for the remaining term of this Agreement. In the event of such reassignment, the sole compensation for the performance of such reassigned duties and responsibilities shall be the Annual Salary in effect at the date of reassignment.

VI. Other Employment

During the term of this Agreement Athletic Director shall not engage in any other employment, act in a consulting capacity to any person, partnership, association, or corporation, or receive any athletically related income or benefit from sources outside the institution, except as may be permitted by the Constitution and Bylaws of the National Collegiate Athletic Association, the Rules and Regulations of the and with the prior written approval of the President of the College. Approval shall be required annually. Each request for approval must be in writing and shall specify the source and amount of the income or benefit to be received. Athletic Director shall make a written annual report to the President of the College specifying the amount of all income and benefits from approved sources outside the institution. Except when Athletic Director is required by College to endorse, promote, appear in advertisements of, or consult with regard to athletic equipment or accessories for the purpose of complying with contractual obligations of the College and the Athletic Director, the name, marks, or logos of the College may not be used and Athletic Director may not be identified as the Director of Athletics of the College’s Athletic Program.

VII. Termination

In the event Athletic Director accepts employment in any capacity with an employer other than the College (except as permitted under Paragraph VI) or if Athletic Director resigns, dies, or becomes permanently disabled to the extent that, in the sole judgment of the College administrator with responsibility for the Program, Athletic Director cannot satisfactorily perform the duties as Director of Athletics, this Agreement shall terminate and all obligations of the College to compensate Athletic Director pursuant to this Agreement shall cease as of the date of such employment, resignation, death, or disability. College shall be obligated to compensate Athletic Director’s estate in accordance with this Agreement for services performed prior to the termination date and, in the event of disability or death, Athletic Director or Athletic Director’s estate shall be entitled to those benefits, if any, that are payable under any College sponsored group employee insurance or benefit plan in which Athletic Director is enrolled.

VIII. Standard of Conduct

The employment and performance of Athletic Director is subject to the Policies and the Rules and Regulations of , the institutional rules of College, the Constitution and Bylaws of the National Collegiate Athletic Association, and the Constitution and Rules of any intercollegiate athletic conference of which College is a member. Violations of such constitutions, bylaws, policies, rules, or regulations by Athletic Director shall be sufficient cause for such disciplinary action as may be appropriate under the applicable constitution, bylaws, policies, rules, or regulations.

IX. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

X. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

XI. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

XII. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

XIII. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

XIV. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

XV. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

XVI. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

WITNESS our signatures as of the day and date first above stated.