Sample Contract and Standard Clauses

The following is a sample contract, which may be used as a model for the swimming coach
contract.

Contract between
The 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.
Terms
1. 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 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:

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 . 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 Coach
The 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.
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. Termination
This 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;

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 (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 for
the coach

Date:

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 Standard Clauses
The following are some standard clauses that are often found in contracts.
AGREEMENT TO ACHIEVE OBJECTIVES
To the maximum extent legally and practicably, the parties agree to use their best endeavours to
achieve the objectives of this agreement.
WAIVER
No right under this Agreement shall be deemed to be waived except by notice in writing signed
by each party.
OBSERVANCE OF LAWS
The 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.
SEVERABILITY
If 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.
NOTICES
Notices 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 JURISDICTION
This 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 AGREEMENT
This 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 DUTY
Subject 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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