Employment Agreement Employment Agreement made on the ____________________________ (date), between
the Board of Trustees of _________________________________________ (Name of College),
a nonprofit corporation organized and existing under the laws of _______________________
(state), with its principal office located at ____________________________________________
_________________________________________ (street address, city, county, state, zip code), hereinafter called College, and _______________________________ (Name of Coach) of
______________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code), and hereinafter called the Coach. 1.Employment DutiesA. Employment. Subject to the terms and conditions of this Agreement, the College does hereby
employ Coach as the Head Coach of its intercollegiate _____________________ (Name
of Sport) 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 RenewalA. 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.CompensationA. 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; and3.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 _____________________ (Name of Sport) 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 _______ (number) 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 ____________________ (Name of Sport) Teams and if Coach continues to be employed as College's head ___________________ (Name of Sport) 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 _______ (number)
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 (Name of Sport) ___________________________ 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
________________________ (Name of Sport) 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 _________________________ (Name of Sport) 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
____________________________________________ (Name of Company) (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.Retention Rate IncentiveIf the Team’s "retention rate" for each academic year of this Agreement,beginning with the ____________ (year) to _____________ (year) academic year, equals
or exceeds _______%, Employee shall receive supplemental pay of _______________
(dollar amount) and each full-time assistant coach shall receive supplemental pay of
_______________________ (dollar amount). "Retention rates," as defined in this
agreement, will be calculated by the athletic director or his designee after the close of
spring semester of each academic year. When calculating the "retention rate" the
individuals considered shall be those scholarship players on the Team roster on the day of
the first game of the regular season each year. To qualify for this supplemental pay (1) at
least _______% of the players must remain on the roster until the end of spring semester and the Team must maintain a combined cumulative grade point average of (e.g. 2.5)
_________ for the fall and spring semesters of the given year at the College and meet all
NCAA eligibility requirements during the same time period; (2) the Team must win a
minimum of _______ (number) games during the academic year being considered; and
(3) the "retention rate" will be calculated anew each year and will not be cumulative. The
supplemental pay shall be paid by the College in ______ (month) of each year following
the academic year to the employee and those full-time assistant coaches of the Team who were employed during the previous season and who are still employed at the College. D. 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.DutiesA. 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; and4. 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 Coach es,
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 Coach es 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. TerminationA. 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 _______ (number) 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; andix) 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 ProvisionsA. 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.NoticesAny 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 AgreementAny 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 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._________________________________(Name of College)
By: ______________________________By: ______________________________ (Printed or typed name) (Printed or typed name of Coach) __________________________________ (Name and Office in College
