2. This agreement will commence on the day of [year] and shall terminate on the (date) [year]. Services

Transcription

1 HELENSVALE RUGBY UNION CLUB Inc. PLAYER CONTRACT AGREEMENT made on the day of [year] BETWEEN: HELENSVALE RUGBY UNION CLUB INCORPORATED a club duly incorporated in the state of Queensland and having its registered office at [address of company] ( the Club ) of the first part, AND: [name of player] of [address of player] ( the Player ) of the second part. THE PARTIES AGREE Employer/employee relationship 1. The parties hereto acknowledge and agree that the relationship between them constituted or evidenced by this agreement is one of employment with the Club being the employer and the Player being the employee. Term 2. This agreement will commence on the day of [year] and shall terminate on the (date) [year]. Services 3. The Player will: (1) whenever and wherever reasonably required, during the playing season(s) of the club, well and faithfully and to the best of his ability and skill play the Game for the Club in such team and grade as the Club shall from time to time specify; (2) report promptly for, and participate fully in, all pre-season and post-season Games and all training sessions conducted by, or participated in, by the Club; (3) play the Game in a sportsmanlike manner and in accordance with its rules; (4) obey all reasonable directions of the Club relating to training for and playing the Game; (5) act, dress and behave in public in a professional manner; (6) not play in any rugby union football match other than for the Club or in a representative match sanctioned or approved by the club (except with the express prior written consent of the Club); (7) join and remain a member of the Club throughout the period of this agreement; (8) complete the Australian Rugby Union Limited ( ARU ) player registration form and code of conduct forms; (9) in the event of serious injury as described ARU Serious Injury Protocol, the player is to ensure club officials act as per protocol, including submission of necessary documentation; (10) supply medical certificates to confirm medical absense from games and/or medicial authorisation to commence game participation as discribed Rugby Gold Coast Limited ( RGC ) competition rules; (11) participate in all activities required by the Club for the promotion of the Game and in particular: (a) punctually attend public functions organised or supported by the Club (b) punctually attend appointments arranged by the Club to make appearances in public or on radio or television PROVIDED that such

2 participation under this sub-clause shall, if required by the Club, be not more than four hours in any one month AND PROVIDED FURTHER that such participation shall not interfere with the usual occupation of the Player. Any fee payable to the Player by the club for such participation shall be negotiated between the Player and the club. Sponsorship support 4. (1) The players annual fees are paid via your sponsor s commitment. This totals $220; which applies to the First Grade squad of 23 players ( first 23 ). (2) Your sponsorship support covers all rounds of the competition divided by the number of competition round games per this season; (3) while you remain a member of the first 23, your fees are paid in full by sponsors of that jersey number; (4) in the event you are no longer apart of the first 23, due to any reason laid out in this agreement, you will be required to pay for the games yet to be played,pro-rata, in advance, as per the remainder of the senior competition. Publicity 5. The Player shall not: (1) without first obtaining the approval of the Club, write a column for publication in a newspaper or any magazine or printed publication or appear on television or radio for fee, gain or reward PROVIDED ALWAYS that such approval shall not, at any time, be unreasonably withheld and shall be deemed to continue until withdrawn by the Club, and PROVIDED FURTHER that the President of the Club shall be available at all reasonable times for the purpose of approving any request by the Player; (2) deliberately make any statement or comment whether written, televised or broadcast, detrimental to the interest s welfare or image of the Game or the Club; Injury insurance and health fund membership 6. (1) the player is covered by being financial members via Gower Gates insurance / RGC competition; (2) it is recommended that players hold private insurance and if so, should make their manager or club secretary aware of the company details. Warranty as to physical and medical condition 7. The Player warrants that he is, and will throughout the duration of this contract make every effort to remain, fit to play rugby union football and is, and will remain, able to perform his obligations under this contract without exposing himself to greater than usual risk to health or a greater than usual risk of injury. Physical condition 8. (1) If prior to the commencement of the Premiership Competition in any year during the term of this agreement, the Club shall form the opinion that: (a) The Player has: (i) failed to recover from an injury sustained during the preceding season; or (ii) failed to recover from an injury sustained whilst training for the

3 Club before he has taken part in any Game for the Club in a trial match arranged by the Club or a pre-premiership competition match; or (iii) failed to recover from an illness or from an injury which was sustained other than in the course of playing or training for the Game; and (b) The Player has become unfit to play the Game for the Club in consequence of such injurythen the Club may by notice in writing given to the Player within a period of seven (7) days prior to the first Premiership Competition match for the then current year or on such earlier date as the Club may determine require the Player to submit to a physical examination by a medical practitioner nominated by the Club. If the Player so requests the examination shall take place in consultation with a medical practitioner nominated by the Player and in that event the Club may request the President of the Australian Medical Association or a person nominated by him to nominate a third medical practitioner to participate in such examination. The Club shall reimburse to the Player the difference between the fees charged for such examinations and the amount received by the Player from his health fund. The Player shall submit to such examination and shall truly answer questions asked of him in the course of the examination. Each of the medical practitioners so appointed is hereby authorised to furnish a report of such examination to the Club and the Player and to include therein his opinion as to whether or not the Player is unfit to play the Game and, if unfit, as to whether or not he would be likely to be unfit to play for the Club for a period of not less than six (6) weeks after the date of commencement of the Club s playing commitments for that season. The said practitioners in furnishing such opinions shall act as experts and not arbitrators. If the opinion of any two of them is that the Player is unfit to play, and is likely to remain as such for the said period, the Club may by notice in writing to the Player terminate this agreement, whereupon the Club shall be discharged from any liability to pay any instalments of playing fees or premiership competition match fees which would otherwise have thereafter accrued and be due and payable to the Player except to the extent that playing fees have accrued to the Player on a pro rata basis calculated from the date on which the Player commences training with the Club for the season to the date on which this agreement is terminated. In the event of the death of the Player the Club shall make a pro rata payment to his estate of his playing fee calculated from the date on which the Player commenced training with the Club for the season to the date of death of the Player. (2) If, after the commencement of the premiership competition the Player is injured or incapacitated as a result of any misconduct or unlawful or reckless behaviour on his part and is as a consequence of that injury or incapacity is unfit to play the Game for the Club then the Club may by notice in writing terminate this agreement whereupon the Club will be discharged from any liability to the Player except for a pro rata payment of playing fees calculated in accordance with sub-clause (1) above. Best effort 9. (1) (a) The Club may, after giving to the Player not less than ten (10) days notice

4 that it intends to take action under this clause, and after giving the Player an opportunity to be heard before the committee of the Club, resolve that the Player is not playing the Game and training for playing the Game for the Club conscientiously and to the best of his ability and skill and give notice of its intention to terminate this agreement under this clause. (b) Such notice shall be deemed to be a decision of the Club for the purpose of the Rules. (2) (a) A Player may at his option appeal against such a decision to a tribunal consisting of one person nominated by the Player one person nominated by the Club and one person nominated by the chairman of the RGC. Such option must be exercised by notice to the Club served not later than seven (7) days after receipt by the Player of notice of the said decision. (b) If the Player has appealed from such,suspension shall remain in force untill the judiciary s outcome. (3) (a) For the purpose of determining whether or not the Player is playing the Game for the Club to the best of his ability and skill, regard shall be had by the Club and any appellate body to: (i) the Player s age and state of health; (ii) the Player s record of performances playing the Game for the Club and for others; (iii) the performances of other members of any team in which he has played; (iv) Any extraneous problems or matters which might have affected the performance of the Player. (b) For the purposes of this clause, the Club and any appellate body shall not be bound by the rules of evidence and in particular may use their own observations and experience. (4) If the Player has not appealed within the time limited by the Rules, or if upon the appeal the decision of the Club is upheld or confirmed, then the Player accepts that the notice given to him in accordance with sub-cl (1) hereof shall be conclusive evidence of the facts stated therein and that the Club may terminate this agreement by a further twenty-one (21) days notice to the Player whereupon the Club shall be discharged from any liability to pay any instalments of playing fees or match fees which would otherwise thereafter become due and payable to the Player, whereupon the pro rata provisions as to accrued fees referred to in cll 4, 7 and 8 of this contract shall similarly apply. Misconduct and the integrity of the game 10. (1) The Player shall not misconduct himself or otherwise act in a manner inconsistent with the integrity of the Game during the term of this contract. (2) If the Club is of the opinion that the Player has been guilty of misconduct or has acted in a manner inconsistent with the integrity of the Game it may charge the Player in respect of that misconduct or act. (3) Without limiting the generality of the expression misconduct or the expression acted in a manner inconsistent with the integrity of the Game those expressions shall include the following: (a) accepting a bribe; (b) failing to report any attempt to bribe him; (c) agreeing not to play on his merits; (d) failing to report any attempts to induce him to agree not to play on his

5 merits; (e) not playing on his merits; (f) failing to obey a reasonable direction of the Club relating to training for and/or playing the Game; (g) betting or gambling on the outcome of any Game in which he plays; (h) supplying to another Player stimulants or other drugs for the purpose of affecting performance while playing the Game for the Club; (i) returning a test positive to any drug contained in the ARU doping policy and procedures list of prohibited drugs or refusing to undergo a test as and when required by the Union or the Club; (j) being guilty of any other form of conduct prejudicial to the Club. Fines and advances 8. If the Club has made any advance to the Player during the currency of this agreement, or if the Player has become liable to pay any fine or has otherwise become indebted to the Club, then, subject to any agreement to the contrary, the money payable by the Player shall be payable without formal Law applicable 9. This agreement shall be governed by the law of QLD and the parties hereby consent to the exclusive jurisdiction of the courts of QLD. Duties of player 10. The Player agrees during the term of this agreement that: (1) he will immediately report any injury of any nature to a Club Official and faithfully carry out any reasonable instructions given to him by any Medical Officer including the wearing or use of any protective equipment recommended by the Club Medical Officer provided that no claim will be recognised by the Club for medical or other expenses if the Player was not, at the time of the injury, wearing or using the protective equipment recommended by the Club or a Medical Officer; (4) He will join and remain a member of the Club s associated club known as the Helensvale Rugby Club Incorporated at Rugby Lane, Helensvale ( Helensvale Hogs Club ). (5) He will act in a proper and respectable manner whilst upon or near the premises of the Club; and Representations 11. The Player acknowledges: (1) that no official or any other person has authority to expressly or ostensibly vary the terms of this agreement or to constitute a new or collateral agreement of any nature on behalf of the Club; and (2) That no variation to this agreement or any new or collateral agreement shall be binding upon the Club or the Player until a formal agreement has been signed by both the Player and the Club. Suspension of player 12. In the event that the Player is suspended by the Judiciary Committee, the Drugs Judiciary Committee or the Appeals Committee the Club shall be entitled, and the Player hereby authorises the Club, to terminate this agreement and seek full compensation of any funds owing to the club by way of forward payments having been made for games not played.

6 Intentional assaults 13. (1) The Player hereby warrants and agrees that he will not intentionally strike a Player in the head or neck or attack another Player in such circumstances as the striking or attack constitutes an intentional assault on that Player. The Player agrees that he will indemnify the Club against all damages and expenses which may be awarded against the Club as a result of such an assault by the Player. (2) If a judiciary suspension is placed on a player the club can remove a player s jersey and remove him from first grade. Negotiating with other clubs 14. The Player agrees during the term of this agreement he will not enter into any discussions, negotiations, contract, agreement, arrangement, understanding or option to play the Game for any other Club without first obtaining the written consent of the A breach by the Player of this clause shall constitute misconduct to which the provisions of cl 10 shall apply. SPECIAL CONDITIONS SCHEDULE ONE 1. PREMIERSHIP COMPETITION MATCH FEES (1) Where the Player was awarded a position in the first 23. SEASON FEES PAID $ IN WITNESS WHEREOF this agreement was signed by and on behalf of the parties hereto on the day first abovementioned. Signed for and on behalf... of in the presence of:... Signed by the said... in the presence of:

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