Employment Agreement
Employment Agreement made _______________________________ (date) , between
__________________________________________________ ( Name of Employer) , a
corporation organized and existing under the laws of the state of __________________________
(Name of State) , with its principal office located at ____________________________________
______________________________________________________________________________
(street address, city, county, state, zip code) , t he holder of a professional ___________________
(Name of Sport) franchise of the ____________________________________ (N ame of league)
_____________________________________ (Employer) , and __________________________
(Name of Employee) , of _________________________________________________________
_________________________________________ (street address, city, county, state, zip code) ,
_______________________________ (Employee) .
1. Employment
Employer employs Employee and Employee accepts employment upon the terms and
conditions set forth in this Agreement.
2. Term
Subject to the provisions of the renewal options on the part of either party to this
Agreement, as set forth below, the term of this Agreement shall begin on the effective date set
forth above, and shall terminate on ________________________________ (date) .
3. Compensation
For all services rendered by Employee , Employer shall pay Employee a salary of
____________________ (dollar amount) per year for the first year of this Agreement, with an
increase of _________ % per year in such salary for each succeeding year this Agreement is in
force.
4. Duties of Employee
A. Employee shall be known as the Head Coach of the ________________________
_____________________ (Name of Team) , and as such, Employee shall have full responsibility
for all actual field coaching direction of such Team and Employee shall prepare and maintain
players' notebooks for all members of the Team, and shall have the decision as to which players
shall be kept, cut, or traded after consultation with the general manager of Employer .
B. Subject to staying within the total budget which is provided, the decisions as to
which players to sign, the bonuses to be paid them, and the salary they shall be paid for their
services shall be solely within the discretion of Employee who shall consult with Employer
regarding such matters. When so requested by Employer , Employee shall also advise Employer
on all matters relating to professional __________________________ (name of sport) of which
Employee has specific knowledge or experience and shall accompany Employer to any and all
official league meetings to act as Employer 's advisor on professional ______________________
(name of sport) matters. Employee shall represent Employer at such meetings when Employer is
unable to attend, and shall have the right to be present at any league meeting or owners' meetings
when decisions are to be made regarding player limits, recruiting or player signings, players'
contracts, playing rules, or other matters pertinent to the success of the _____________________
(name of sport) operations of Employer 's Team.
C. Employer shall have the right to request that Employee consult with him on
____________________ (name of sport) matters, but otherwise shall not hinder, harass, or
interfere with Employee 's performance of the duties under this Agreement. The intent and
purpose of this clause is to give Employee full control of the _______________________ (name
of sport) operations of Employer to enable Employee to build for Employer a first-class
professional __________________________ (name of sport) Team.
D. Employer acknowledges that Employee has special and unique coaching talents,
and a special knowledge of professional __________________________ (name of sport)
operations. Employer requests that Employee resign from all other coaching activities to accept
employment by Employer as Head Coach, having faith in Employee 's abilities and record and
good reputation in the game of ______________________________ (name of sport) .
5. Expenses
Employee is authorized to incur reasonable expenses in the business of Employer and in
carrying out Employee 's duties as Head Coach. These expenses may include sums for recruiting,
scouting, players' travel, coaches' travel, entertainment, and similar items. However, such
expenses shall be confined within the amount budgeted by Employer for these activities, which
budget shall be realistic and comparable to the average _________________________ (name of
sport) Team with a winning record. Any expense in excess of budgeted amounts shall first be
approved, in writing, by Employer or Employer 's authorized agent. Employer shall reimburse
Employee for all such properly incurred expenses upon presentation by Employee of an itemized
account of such properly incurred expenses.
6. Option to Renew
A. Either party to this Agreement shall have the option of renewing this Agreement
under all the terms as provided for in this Agreement for an additional year commencing
_____________________________ (date) , upon giving to the other party to this Agreement
_________ (number) days' notice in writing before the expiration of this Agreement of his or
their intention to renew for the year commencing ____________________________ (date) .
B. At the end of the first renewal year, either party to this Agreement shall have the
right or option to renew this Agreement under all the terms as provided for in this Agreement for
a third year commencing ____________________________ (date) , upon giving to the other
party to this Agreement _______ (number) days' notice before the expiration of the first renewal
year of this Agreement, the intention of these renewal options being to give Employee at least
________ (number) years, if Employee so desires, to fulfill the tasks of building a winning Team
for Employer , and to give Employer the sole right to Employee 's services of a professional
_________________________ (name of sport) nature for a _______ (number) -year period if
Employer so desires.
C. If Employer removes Employee from the position of Head Coach at any time
during this _______ (number) -year period without Employee 's written consent or should
Employer breach this Agreement with Employee , Employee shall be entitled to receive from
Employer and Employer shall pay Employee all unpaid salary that would have been paid to
Employee for the entire _______ (number) -year period, and Employee shall be entitled to receive
any other benefits set forth in this Agreement just as if Employee had actually completed
_______ (number) full years as Head Coach for Employer , including the exercise of all options
granted to Employee in this Agreement. In such event, Employee shall be entitled immediately to
seek and accept any other employment without diminishing his rights stated in this Section.
D. During the term of this Agreement and any renewals of this Agreement,
Employee shall be answerable directly to Employer only or to his successor as Managing Owner.
7. Assignment
A . The rights of Employer shall inure to the benefit of his successors.
B. Should Employer sell the _____________________________________________
(Name of Team) or the franchise under which such Team is playing major league professional
___________________________ (Name of Sport) , any person, firm, corporation, or other entity
purchasing such Team or franchise shall take such title or interest subject to and shall agree to be
bound by this Agreement.
8. Employee’s Television Show and Appearances
Employee may contract on his own behalf for a ______ (number) -minute television show
each week, whichever may prove to be most feasible, to be known as the ___________________
__________________________________ ( name of show) or any other name Employee desires
to use. Employee shall be entitled to receive and keep all sums derived from such show, as well
as all sums derived from any personal appearances or endorsements made by Employee .
9. Stock as Additional Compensation
A. In special consideration of Employee 's anticipated success in fielding a winning,
exciting, fan-pleasing, professional _____________________ (Name of Sport) Team, and other
good and valuable consideration, including mutual covenants, benefits, and forbearances, as an
additional incentive, Employer agrees to set aside annually, at the end of the ________________
(Name of Sport) season, ______ % of the stock of a corporation to be formed and created and
initially controlled by Employer under the name of ____________________________________
( name of corporation) .
B. Such _________ (percentage) shall be based upon _______ (number) shares of
common stock [not to exceed ________ (number) annual set-offs of shares], upon the following
limitations, terms, and conditions:
1. Employee shall have the annual option [not to exceed _______ (number)
options] to receive evidence of ownership of such shares, at the end of each
_________________________ (Name of Sport) season completed by the Team during
the time Employee is acting and performing his duties as Head Coach of the professional
_______________________ (Name of Sport) Team, which will be accumulated annually
and not to exceed such _________ (percentage) annually, and may be exercised at any
time following the right to exercise such option after the first ______________________
(Name of Sport) season, the intent being that Employee does not have the right to take
possession and ownership of such stock until Employee exercises the option in writing
subject to all the terms, conditions, limitations, and provisions set forth in this Section.
2. Employee agrees that as a condition precedent to receiving any of such _______
(number) successive annual shares as stated above, that he will execute and deliver to Employer ,
individually, an irrevocable proxy to vote any and all shares received by Employee under this
Agreement (it being agreed between the parties that the proxy is a proxy coupled with an interest
and therefore the voting rights inherent in such stock ownership are separate and apart in another
individual other than the true owner). If Employee should desire to sell, assign, or grant a
security interest in such stock, then Employee grants unto Employer the exclusive first right to
purchase such shares at the exact dollar value and at a price and on the same terms and
conditions equal to any legally bound bona fide purchaser ready, willing, and able to purchase
such stock within _______ (number) days of such offer, and the bona fide qualification of such
legally bound prospective purchaser shall be in the reasonable discretion of Employer . If
Employer does not elect to purchase such stock from Employee as set out above, then Employee
shall be free to sell it to the bona fide purchaser with full voting rights, free and clear of any
proxy previously executed and delivered by Employee to Employer .
3. The provisions of this Section shall be binding among a corporation to be formed
by Employer , its successors and assigns, and Employee , Employee 's heirs, personal
representatives, and assigns, and Employer , individually, Employee 's heirs, personal
representatives and assigns.
10. Playoff Remuneration
Employee shall receive the same share of playoff or championship game money as that
paid to active players on the ________________________________________ (Name of Team)
playing roster.
11. 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.
12. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of ____________________.
13. 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.
14 . 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.
15. 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.
16. 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.
17. 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.
18. 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.
_________________________________
(Name of Corporation)
By: ______________________________ By: ______________________________
(P rinted or typed name) (P rinted or typed name of Coach)
__________________________________
__________________________________
(Name and Office in College)