Sample Contract and Standard ClausesThe following is a sample contract, which may be used as a model for the swimming coach contract.

Contract betweenThe Parents and Citizens' Association of ............................................................................. School

and........................................................................ (the coach).Whereas:A. The Parents and Citizens Association of the

......................................................... School wishes to promote swimming proficiency for students who are members of the ........................................................ School swimming club;

B. The coach wishes to provide services in the promotion of swimming;C. The Parents and Citizens Association and the coach have reached

agreement about the terms within which the coach will provide services to the Association; and

D. The **Principal** of the .......................................................... School supports the contracting of persons named in and provisions of this contract.

Terms1. The coach will be engaged by the Parents and Citizens Association for

the swimming season opening on ........................ and concluding on ........................

2. The Parents and Citizens Association will pay the coach (or head coach where there is more than one coach) for services in the following manner:. the sum of $ /hour for classes conducted solely by the coach;. the sum of $ /hour for classes conducted by the head coach

and an assistant or assistant coach/es;. payments will be made to the head coach on a (weekly/

fortnightly/monthly) basis for ........ hours per......... .3. The coach acknowledges that this agreement does not constitute the

formation of a relationship of employer-employee between the Parents and Citizens Association and the coach or the assistant coaches.

4. The coach will effect sickness and accident insurance and any other insurance for the coach's servants and agents and/or employees against liability for damage, loss or any other claims brought by any other person (whether or not a member of the Swimming Club or Parents and Citizens Association) caused by or through or in connection with swimming instruction or supervision thereof by the head coach and any assistant. The coach agrees to provide documentary proof of all such insurance before commencing any coaching under the terms of this contract.

5. The coach will attend all swimming classes conducted by the swimming club. If the coach (or head coach) is unable to attend any swimming classes, the coach will arrange for a replacement coach to attend the swimming sessions. Any replacement coach must be

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acceptable to the Principal of the .......................................... School. Any replacement coach must be insured in the same manner as set out in paragraph four (4) above.

6. The coach agrees to be bound by such directives as may be issued by Education Queensland concerning the safety, operation and maintenance of swimming pools.

7. The coach may engage the services of an assistant coach at his/her own expense and discretion in the following circumstances:. if the number of students in any learn to swim class exceeds

seven, and/or . if the number of students in an "improvers swimming class"

exceeds 14.The assistant coach will be subject to the directions of the head coach and all coaches will ensure that they act in the interests of the swimming club always. The appointment of assistant coaches will be subject to the approval of the Parents and Citizens Association and principal of the school.

8. The head coach will be responsible for the payment of fees, remuneration, sickness and accident compensation payments, superannuation, long service leave and taxation payments and for any other payments arising from the engagement of any assistant coach.

9. The swimming club will provide all the equipment necessary to enable the coach to undertake the agreed duties. The coach may provide any other equipment with the prior written approval of the Parents and Citizens Association.

10. Duties of the CoachThe duties of the coach include (but are not limited to):(a) grading members of the club into the most appropriate standard

of class having regard to the standard or proficiency of each member;

(b) conducting classes for members of a "learn to swim" standard;(c) conducting classes for members of all intermediate standards;(d) conducting classes for members of an advanced standard;(e) correcting stroke techniques;(f) promoting amongst the members an understanding and

appreciation of the rules of swimming;(g) discussing the progress of any member with the member's

parents/guardians at the completion of the class, if requested by a parent.

(h) generally instilling and promoting amongst the members an enthusiasm and proficiency for swimming.

(i) conduct intra and inter club swimming competitions.11. During all swimming classes conducted by the coach, the coach will be

in charge of the classes and will be responsible for the discipline of the students engaged in the classes. That notwithstanding, the coach will not have the right to exclude any student from a class, except in emergencies, for whatever reason but may bring such matter to the attention of the swimming club whose determination thereon shall be final.

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12. Nothing contained herein will prevent the coach from providing his services to any other school or swimming club at any time other than the times the coach is required by the terms hereof to attend at the school for the purpose set forth herein.

13. TerminationThis contract may be terminated by either party with two weeks notice in writing to the coach or to the President of the Parents and Citizens Association.The Parents and Citizens may terminate this agreement without notice if the coach:(a) commits any serious or persistent breach of any of the provisions

of this agreement;(b) is guilty of any grave misconduct or wilful neglect in the

discharge of his duties;(c) becomes bankrupt or makes any arrangement or composition

with creditors;(d) becomes of unsound mind;(e) is or has been convicted of any criminal offence that affects

performing the duties as the coach;(f) becomes permanently incapacitated because of accident or

illness from performing duties under this agreement and for the purposes of the clause incapacity over ninety (90) consecutive days or for an aggregate period of ninety (90) days in any period of twelve (12) months shall be deemed to be permanent incapacity.

14. The parties hereto acknowledge that for the better fulfilment of the terms of this agreement, that notwithstanding the terms hereof the rights and obligations of the parties shall be subject to the control of the principal for the time being of the school.

Signed on behalf of )the .................................................................)School Parents' and )Citizens' Association )Signed forthe coach

Date:

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Standard ClausesThe following are some standard clauses that are often found in contracts.AGREEMENT TO ACHIEVE OBJECTIVESTo the maximum extent legally and practicably, the parties agree to use their best endeavours to achieve the objectives of this agreement.WAIVERNo right under this Agreement shall be deemed to be waived except by notice in writing signed by each party.OBSERVANCE OF LAWSThe swimming coach shall observe, fulfil and comply with any law for the time being in force in so far as the same may be applicable to any matter or thing the subject of or pertaining to this Agreement and the swimming coach shall not do or permit to be done anything which may conflict with such law.SEVERABILITYIf any provision of the agreement is prohibited, void, invalid, or unenforceable the provision shall be ineffective and severed from this Agreement to the extent it is prohibited, void, invalid or unenforceable without affecting the validity or enforceability of the other provisions of this Agreement.NOTICESNotices under this Agreement may be delivered by hand, by registered mail, by telex or by facsimile to -The address for service of notices is -Notice will be deemed to be given:-(a) when delivered by hand; or(b) if sent by facsimile transmission, upon an apparently successful

transmission being noted by the senders facsimile machine, as the case may be.

GOVERNING LAW AND JURISDICTIONThis Agreement will be governed and construed according to the laws of the State of Queensland, and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Queensland with respect to all matters arising under or relating to this Agreement.ENTIRE AGREEMENTThis Agreement constitutes the entire Agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior Agreements, understandings and negotiations with respect to such subject matter.COSTS AND STAMP DUTYSubject to any other provision of this Agreement, each party shall bear its own costs and expenses in relation to the negotiation, presentation, execution, delivery and completion of this Agreement and any other related documentation.

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