Sample Contract for Self-Employed Musicians

Employment Agreement

Employment Agreement made on the (date), between the Board of Trustees of , a nonprofit corporation organized and existing under the laws of (state), with its principal office located at , hereinafter called College, and of , and hereinafter called the Coach.

1. Employment Duties

A. Employment.

Subject to the terms and conditions of this Agreement, the College does hereby employ Coach as the Head Coach of its intercollegiate Team (the Team). Coach represents and warrants that he is fully qualified to serve, and is available for employment, in this capacity.

B. Reporting Relationship.

Coach shall report and be responsible directly to the College's Director of Athletics (the Director) or the Director's designee. Coach shall abide by the reasonable instructions of the Director or the Director's designee and shall confer with the Director or the Director's designee on all administrative and technical matters. Coach shall also be under the general supervision of the College's President (the President).

C. Duties.

Coach shall manage and supervise the Team and shall perform such other duties in the College's athletic program as the Director may assign and as may be described elsewhere in this Agreement. The College shall have the right, at any time, to reassign Coach to duties at the College other than as Head Coach of the Team, provided that Coach's compensation and benefits shall not be affected by any such reassignment, except that the opportunity to earn supplemental compensation as provided in Section 3, Paragraph B shall cease.

2. Term and Renewal

A. This Agreement is for a fixed-term appointment of (number) years, commencing on (date), and terminating, without further notice to Coach, on (date), unless sooner terminated in accordance with other provisions of this Agreement.

B. This Agreement is renewable solely upon an offer from the College and an acceptance by Coach, both of which must be in writing and signed by the parties. Any renewal is subject to the prior approval of College's Board of Trustees. This Agreement in no way grants to Coach a claim to tenure in employment, nor shall Coach's service pursuant to this Agreement count in any way toward tenure at the College.

3. Compensation

A. Regular Compensation.

In consideration of Coach's services and satisfactory performance of this Agreement, the College shall provide to Coach:

1. An annual salary of (dollar amount) per year, payable in (e.g. monthly) installments in accordance with normal College procedures, and such salary increases as may be determined appropriate by the Director and President and approved by the College's Board of Trustees;

2. The opportunity to receive such employee benefits as the College provides generally to non-faculty exempt employees; and

3. The opportunity to receive such employee benefits as the College's Department of Athletics (the Department) provides generally to its employees of a comparable level. Coach agrees to abide by the terms and conditions, as now existing or later amended, of such employee benefits.

B. Supplemental Compensation and Additional Obligations of Coach.

1. Each year the Team is the conference champion or co-champion and receives an NCAA tournament berth, and if Coach continues to be employed as College's head Coach on the ensuing (date), the College shall pay to Coach supplemental compensation in an amount equal to (e.g., percentage) of Coach's annual salary for the fiscal year in which the championship and NCAA berth are secured. The College shall pay Coach any such supplemental compensation in consecutive (e.g. monthly) installments on the regular paydays of the College beginning with the payday for the first full pay period following (date).

2. Each year the Team is ranked in the top (number) in any published final poll of intercollegiate Teams and if Coach continues to be employed as College's head Coach on the ensuing (date), the College shall pay Coach supplemental compensation in an amount equal to (e.g., percentage) of Coach's annual salary for the fiscal year in which the poll is published. The College shall pay Coach any such supplemental compensation in consecutive (e.g., monthly) installments on the regular paydays of the College beginning with the payday for the first full pay period following (date).

3. Each year Coach shall be eligible to receive supplemental compensation in an amount up to (e.g., percentage) of Coach's annual salary based on the academic achievement and behavior of Team members and the overall development of the program. The determination of whether Coach will receive such supplemental compensation and the timing of the payments, if any, shall be at the sole discretion of the President in consultation with the Director. The determination shall be based on the following factors: grade point averages; difficulty of major course of study; honors such as scholarships, designation as Academic All-American, and conference academic recognition; progress toward graduation for all athletes, but particularly those who entered the College as academically at-risk students; the conduct of Team members on the College campus, at authorized College activities, in the community, and elsewhere; ticket sales; fundraising; outreach by Coach to various constituency groups, including College students, staff, faculty, alumni and boosters; and any other factors the President wishes to consider.

4. Any Agreements requiring Coach to participate in media programs and public appearances (Programs) related to his duties as an employee of the College are the property of the College. The College shall have the exclusive right to negotiate and contract with all producers of media productions and all parties desiring public appearances by Coach. Coach agrees to cooperate with the College in order for the Programs to be successful and agrees to provide his services to and perform on the programs and to cooperate in their production, broadcasting, and telecasting. It is understood that neither Coach nor any assistant Coaches shall appear without the prior written approval of the Director on any competing radio or television program (including but not limited to a Coach's show, call-in show, or interview show) or a regularly scheduled news segment, except that this prohibition shall not apply to routine news media interviews. Without the prior written approval of the Director, Coach shall not appear in any commercial endorsements which are broadcast on radio or television that conflict with those broadcast on the College's designated media outlets.

5. Coach agrees that the College has the exclusive right to operate youth camps on its campus using College facilities. The College may allow Coach the opportunity to earn supplemental compensation by assisting with the College's camps in Coach's capacity as a College employee. Coach agrees to assist in the marketing, supervision, and general administration of the College's camps. Coach also agrees that Coach will perform all obligations mutually agreed upon by the parties.

6. Coach agrees that the College has the exclusive right to select footwear, apparel and/or equipment for the use of its student-athletes and staff, including Coach, during official practices and games and other circumstances designated by the College. Coach recognizes that the College is negotiating or has entered into an Agreement with (Company) to supply the College with athletic footwear, apparel and/or equipment. Coach agrees that, upon the College's reasonable request, Coach will consult with appropriate parties concerning Company product's design or performance, shall act as an instructor at a clinic sponsored in whole or in part by Company, or give a lecture at an event sponsored in whole or in part by Company, or make other educationally-related appearances as may be reasonably requested by the College. In order to avoid entering into an Agreement with a competitor of Company, Coach shall submit all outside consulting Agreements to the College for review and approval prior to execution. Coach shall also report such outside income to the College in accordance with NCAA rules. Coach further agrees that Coach will not endorse any athletic footwear, apparel and/or equipment products, including Company, and will not participate in any messages or promotional appearances which contain a comparative or qualitative description of athletic footwear, apparel or equipment products.

C. General Conditions of Compensation.

All compensation provided by the College to Coach is subject to deductions and withholdings as required by law or the terms and conditions of any fringe benefit in which Coach participates. However, if any fringe benefit is based in whole or in part upon the compensation provided by the College to Coach, such fringe benefit shall be based only on the compensation provided pursuant to Section 3, Subparagraph A-1, except to the extent required by the terms and conditions of a specific fringe benefit program.

4. Duties

A. Coach's Specific Duties and Responsibilities. In consideration of the compensation specified in this Agreement, Coach, in addition to the obligations set forth elsewhere in this Agreement, shall:

1. Devote Coach's full time and best efforts to the performance of Coach's duties under this Agreement;

2. Develop and implement programs and procedures with respect to the evaluation, recruitment, training, and Coaching of Team members to compete successfully while assuring their welfare;

3. Observe and uphold all academic standards, requirements, and policies of the College and encourage Team members to perform to their highest academic potential and to graduate in a timely manner; and

4. Know, recognize, and comply with all applicable laws and the policies, rules and regulations of the College, the College's governing board, the conference, and the NCAA; supervise and take appropriate steps to ensure that Coach's assistant Coaches, any other employees for whom Coach is administratively responsible, and the members of the Team know, recognize, and comply with all such laws, policies, rules and regulations; and immediately report to the Director and to the department's Director of compliance if Coach has reasonable cause to believe that any person or entity, including but not limited to representatives of the College's athletic interests, has violated or is likely to violate any such laws, policies, rules or regulations. Coach shall cooperate fully with the College and department at all times.

B. Outside Activities.

Coach shall not undertake any business, professional or personal activities, or pursuits that would prevent Coach from devoting Coach's full time and best efforts to the performance of Coach's duties under this Agreement, that would otherwise detract from those duties in any manner, or that, in the opinion of the College, would reflect adversely upon the College or its athletic program. Subject to the terms and conditions of this Agreement, Coach may, with the prior written approval of the Director, who may consult with the President, enter into separate arrangements for outside activities and endorsements which are consistent with Coach's obligations under this Agreement. Coach may not use the College's name, logos, or trademarks in connection with any such arrangements without the prior written approval of the Director and the President.

C. NCAA Rules.

In accordance with NCAA rules, Coach shall obtain prior written approval from the College's President for all athletically related income and benefits from sources outside the College and shall report the source and amount of all such income and benefits to the College's President whenever reasonably requested, but in no event less than annually before the close of business on (date) of each year or the last regular College work day preceding (date). The report shall be in a format reasonably satisfactory to College. In no event shall Coach accept or receive directly or indirectly any monies, benefits, or gratuities whatsoever from any person, association, corporation, College booster club, College alumni association, College foundation, or other benefactor, if the acceptance or receipt of the monies, benefits, or gratuities would violate applicable law or the policies, rules, and regulations of the College, the College's governing board, the conference, or the NCAA.

D. Hiring Authority.

Coach shall have the responsibility and the sole authority to recommend to the Director the hiring and termination of assistant Coaches for the Team, but the decision to hire or terminate an assistant Coach shall be made by the Director and shall, when necessary or appropriate, be subject to the approval of President and the College's Board of Trustees.

E. Scheduling.

Coach shall consult with, and may make recommendations to, the Director or the Director's designee with respect to the scheduling of Team competitions, but the final decision shall be made by the Director or the Director's designee.

F. Other Coaching Opportunities.

Coach shall not, under any circumstances, interview for, negotiate for, or accept employment as a Coach at any other institution of higher education or with any professional sports Team, requiring performance of duties prior to the expiration of this Agreement, without the prior approval of the Director. Such approval shall not unreasonably be withheld.

5. Termination

A. Termination of Coach for Cause.

The College may, in its discretion, suspend Coach from some or all of Coach's duties, temporarily or permanently, and with or without pay; reassign Coach to other duties; or terminate this Agreement at any time for good or adequate cause, as those terms are defined in applicable rules and regulations.

1. In addition to the definitions contained in applicable rules and regulations, College and Coach specifically agree that the following shall constitute good or adequate cause for suspension, reassignment, or termination of this Agreement:

i) A deliberate or major violation of Coach's duties under this Agreement or the refusal or unwillingness of Coach to perform such duties in good faith and to the best of Coach's abilities;

ii) The failure of Coach to remedy any violation of any of the terms of this Agreement within days after written notice from the College;

iii) A deliberate or major violation by Coach of any applicable law or the policies, rules or regulations of the College, the College's governing board, the conference or the NCAA, including but not limited to any such violation which may have occurred during the employment of Coach at another NCAA member institution;

iv) (number) working days' absence of Coach from duty without the College's consent;

v) Any conduct of Coach that constitutes moral turpitude or that would, in the College's judgment, reflect adversely on the College or its athletic programs;

vi) The failure of Coach to represent the College and its athletic programs positively in public and private forums;

vii) The failure of Coach to fully and promptly cooperate with the NCAA or the College in any investigation of possible violations of any applicable law or the policies, rules or regulations of the College, the College's governing board, the conference, or the NCAA;

viii) The failure of Coach to report a known violation of any applicable law or the policies, rules or regulations of the College, the College's governing board, the conference, or the NCAA, by one of Coach's assistant Coaches, any other employees for whom Coach is administratively responsible, or a member of the Team; and

ix) A violation of any applicable law or the policies, rules or regulations of the College, the College's governing board, the conference, or the NCAA, by one of Coach's assistant Coaches, any other employees for whom Coach is administratively responsible, or a member of the Team, if Coach knew or should have known of the violation and could have prevented it by ordinary supervision.

2. Suspension, reassignment, or termination for good or adequate cause shall be effectuated by the College as follows: before the effective date of the suspension, reassignment, or termination, the Director or his designee shall provide Coach with notice, which notice shall be accomplished in the manner provided for in this Agreement and shall include the reason(s) for the contemplated action. Coach shall then have an opportunity to respond. After Coach responds or fails to respond, College shall notify Coach whether, and if so when, the action will be effective.

3. In the event of any termination for good or adequate cause, the College's obligation to provide compensation and benefits to Coach, whether direct, indirect, supplemental or collateral, shall cease as of the date of such termination, and the College shall not be liable for the loss of any collateral business opportunities or other benefits, perquisites, or income resulting from outside activities or from any other sources.

4. If found in violation of NCAA regulations, Coach shall be subject, in addition to the provisions of this Section 5, Paragraph A, to disciplinary or corrective action as set forth in the provisions of the NCAA enforcement procedures. This applies to violations occurring at the College or at previous institutions at which Coach was employed.

B. Termination of Coach for Convenience of College.

1. At any time after commencement of this Agreement, College, for its own convenience, may terminate this Agreement by giving (number) days' prior written notice to Coach.

2. If College terminates this Agreement for its own convenience, College shall be obligated to pay Coach, as liquidated damages and not a penalty, the annual salary set forth in Section 3, Subparagraph A-1, excluding all deductions required by law, on the regular paydays of College until the term of this Agreement would have ended but for the termination or until Coach obtains reasonably comparable employment, whichever occurs first. In addition, Coach will be entitled to continue his health insurance plan and group life insurance as if he remained a College employee until the term of this Agreement would have ended but for the termination or until Coach obtains reasonably comparable employment, whichever occurs first. Coach shall be entitled to no other compensation or fringe benefits, except as otherwise provided in this Agreement or required by law.

3. The parties have both been represented by legal counsel in the contract negotiations and have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that Coach may lose certain benefits, supplemental compensation, or outside compensation relating to his employment with College, which damages are extremely difficult to determine with certainty. The parties further agree that the payment of such liquidated damages by College and the acceptance of such damages by Coach shall constitute adequate and reasonable compensation to Coach for the damages and injury suffered by Coach because of such termination by College. The liquidated damages are not, and shall not be construed to be, a penalty.

C. Termination by Coach for Convenience.

1. Coach recognizes that his promise to work for College for the entire term of this Agreement is of the essence of this Agreement. Coach also recognizes that the College is making a highly valuable investment in his employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with the College before the end of the contract term.

2. Coach, for his own convenience, may terminate this Agreement during its Term by giving prior written notice to the College. Termination shall be effective (number) days after notice is given to the College.

3. If Coach terminates this Agreement for convenience at any time, all obligations of the College shall cease as of the effective date of the termination. If Coach terminates this Agreement for his convenience, then he shall pay to the College (dollar amount), as liquidated damages and not a penalty, for the breach of this Agreement. The liquidated damages shall be due and payable within (number) days of the effective date of the termination, and any unpaid amount shall bear simple interest at a rate of % per annum until paid.

4. The parties have both been represented by legal counsel in the contract negotiations and have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that the College will incur administrative and recruiting costs in obtaining a replacement for Coach, in addition to potentially increased compensation costs if Coach terminates this Agreement for convenience, which damages are extremely difficult to determine with certainty. The parties further agree that the payment of such liquidated damages by Coach and the acceptance of such damages by College shall constitute adequate and reasonable compensation to College for the damages and injury suffered by it because of such termination by Coach. The liquidated damages are not, and shall not be construed to be, a penalty. This Section 5, Subparagraph C-4 shall not apply if Coach terminates this Agreement because of a material breach by the College.

5. Except as provided elsewhere in this Agreement, if Coach terminates this Agreement for convenience, he shall forfeit to the extent permitted by law his right to receive all supplemental compensation and other payments.

D. Termination due to Disability or Death of Coach.

1. Notwithstanding any other provision of this Agreement, this Agreement shall terminate automatically if Coach becomes totally or permanently disabled as defined by the College's disability insurance carrier, becomes unable to perform the essential functions of the position of head Coach, or dies.

2. If this Agreement is terminated because of Coach's death, Coach's salary and all other benefits shall terminate as of the last day worked, except that Coach's personal representative or other designated beneficiary shall be paid all compensation due or unpaid and death benefits, if any, as may be contained in any fringe benefit plan now in force or later adopted by the College and due to Coach's estate or beneficiaries under the plan.

3. If this Agreement is terminated because Coach becomes totally or permanently disabled as defined by the College's disability insurance carrier, or becomes unable to perform the essential functions of the position of head Coach, all salary and other benefits shall terminate, except that Coach shall be entitled to receive any compensation due or unpaid and any disability-related benefits to which he is entitled by virtue of employment with the College.

E. Interference by Coach.

In the event of termination, suspension, or reassignment, Coach agrees that Coach will not interfere with the College's student-athletes or otherwise obstruct the College's ability to transact business or operate its intercollegiate athletics program.

F. No Liability.

The College shall not be liable to Coach for the loss of any collateral business opportunities or any other benefits, perquisites or income from any sources that may ensue as a result of any termination of this Agreement by either party or due to death or disability or the suspension or reassignment of Coach, regardless of the circumstances.

G. Waiver of Rights.

Because Coach is receiving a multi-year contract and the opportunity to receive supplemental compensation and because such contracts and opportunities are not customarily afforded to College employees, if the College suspends or reassigns Coach, or terminates this Agreement for good or adequate cause or for convenience, Coach shall have all the rights provided for in this Agreement but releases the College from compliance with the notice, appeal, and similar employment-related rights provided for in the board of Trustees rule manual and governing policies and procedures manual, and the College faculty-staff handbook.

6. Miscellaneous Provisions

A. Board Approval.

This Agreement shall not be effective until and unless approved by the College's Board of Trustees and executed by both parties as set forth below. In addition, the payment of any compensation pursuant to this Agreement shall be subject to the approval of the College's Board of Trustees, the President, and the Director; the sufficiency of legislative appropriations; the receipt of sufficient funds in the account from which such compensation is paid; and the Board of Trustees and College's rules regarding financial exigency.

B. College Property.

All personal property (excluding vehicles), material, and articles of information, including, but not limited to, keys, credit cards, personnel records, recruiting records, Team information, films, statistics or any other personal property, material, or data, furnished to Coach by the College or developed by Coach on behalf of the College or at the College's direction or for the College's use or otherwise in connection with Coach's employment under this Agreement are and shall remain the sole property of the College. Within (number) hours of the expiration of the term of this Agreement or its earlier termination as provided in this Agreement, Coach shall immediately cause any such personal property, materials, and articles of information in Coach's possession or control to be delivered to the Director.

C. Assignment.

Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party.

D. Waiver.

No waiver of any default in the performance of this Agreement shall be effective unless in writing and signed by the waiving party. The waiver of a particular breach in the performance of this Agreement shall not constitute a waiver of any other or subsequent breach. The resort to a particular remedy upon a breach shall not constitute a waiver of any other available remedies.

E. Governing Law.

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

F. Confidentiality.

Coach consents and agrees that this document may be released and made available to the public after it is signed by Coach. Coach further agrees that all documents and reports he is required to produce under this Agreement may be released and made available to the public at the College's sole discretion.

G. 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.

H. 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.

I. 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.

J. 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.

K. Non-Use of Names and Trademarks.

Coach shall not, without the College's prior written consent in each case, use any name, trade name, trademark, or other designation of the College (including contraction, abbreviation or simulation), except in the course and scope of [his] [her] official College duties.

L. Opportunity to Consult with Attorney. Coach acknowledges that he has had the opportunity to consult and review this Agreement with an attorney. Accordingly, in all cases, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party.

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